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Home My WebLink AboutCity Council-Agenda Packets-4/6/2004 Texas AGENDA CITY COUNCIL MEETING 100 MAIN STREET APRIL 6,2004 5:15 P.M. - PRE-COUNCIL AGENDA PC-1. Discussion of possible football facility sites PC-2. Update of Intersection Projects PC-3. Update of Economic Development Work Plan PC-4. Update of City Council Goals PC-5. Discussion of Overhead Utility Relocation Ordinance for undeveloped properties PC-6. Discussion of selecting dates for Capital Improvement Program (CIP) Worksessions PC-7. Discussion of April 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 - Fire Station Sec. 551.071 - 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Dr. Gary Kindley, First United Methodist Church PLEDGE OF ALLEGIANCE: City Attorney Ross Foster 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUE- In recognition of Bill Mitchell's service on the Park Land Dedication Committee PLAQUE - In recognition of Gil Turner's service on the Park Land Dedication Committee CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2348 - Consent Items: a. Approval of minutes of the regular City Council meeting of March 16, 2004 b. Approval of setting a date for a public hearing to consider a request by the Grapevine-Colleyville Independent School District to move a portable building to the Colleyville Elementary School campus located at 5800 Colleyville Boulevard, Case G-04-010 c. Approval of acceptance of the donation of two paintings from the Covenant Christian Academy to the Colleyville Public library and Colleyville City Hall PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1455 - Approval of a Zoning Change from AG to R20 on 41.8 acres located at 909 John McCain Road, Case Z-04-012 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1456 - Approval of an amendment to Chapter 7 of the Land Development Code regarding political signs, Case G-04-006 6. FIRST READING AND PUBILC HEARING - Ordinance 0-04-1457 - Approval of a Special Use Permit for alcoholic beverage sales on 1.97 acres located in the 5400 block of State Highway 121, Case Z-04-014 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1458 - Approval of a Zoning Change from CC2 to PUD-C on 15.10 acres located at the southwest corner of Colleyville Boulevard and John McCain Road, Case Z-04-011 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1459 - Approval of a Zoning Change from R40 to R20 on portions of proposed Lots 2R and 3, Block 1, Redus Addition, located at 4502 Bill Simmons Road and 4505 Bowman Drive, Case Z-04-015 9. READING AND PUBLIC HEARING - Resolution R-04-2349 - Approval of a Preliminary Plat of Warwick Parc, 41.8 acres located at 909 John McCain Road, Case P-04-014 10. READING AND PUBLIC HEARING - Resolution R-04-2350 - Approval of the Revocation of the Bransford Park Land Trust and directing the City Attorney to prepare necessary documents conveying all properties held by the Bransford Park Land Trust to the City of Colleyville 11. READING AND PUBLIC HEARING - Resolution R-04-2351 - Approval of a waiver from the water well drilling requirements on Lot 53, Block 2, Western Trails Addition located at 7700 Overland Trail, Case G-04-011 12. READING AND PUBLIC HEARING - Resolution R-04-2352 - Approval of Citywide Donation Policy 13. READING AND PUBLIC HEARING - Resolution R-04-2353 - Declaring Planning and Zoning Commission position 6 vacant due to Council removal 14. READING AND PUBLIC HEARING - Resolution R-04-2354 - To override the Mayor's veto of Resolution R-04-2334, appointing members to the Planning and Zoning Commission 15. READING AND PUBLIC HEARING - Resolution R-04-2355 - Consideration of appointments to the Planning and Zoning Commission TABLED ITEM: 16. CONSIDERATION OF RESOLUTION R-04-2328 - Approval of an Agreement with the Buxton Group Consulting Firm to prepare Phase I - Retail Trade Area Determination and Phase II - Retail Site Selection and Tenant Analysis and Retail Recruiting Package to assist in developing an Economic Development Plan REPORTS: 17. PLANNING AND ZONING COMMISSION MEETING MINUTES - January 26, 2004 PLANNING AND ZONING COMMISSION MEETING MINUTES - February 9. 2004 PLANNING AND ZONING COMMISSION MEETING MINUTES - February 23, 2004 PLANNING AND ZONING COMMISSION MEETING MINUTES - March 8, 2004 COLLEYVILLE PUBLIC LIBRARY ADVISORY BOARD MEETING MINUTES - February 9,2004 HISTORICAL PRESERVATION COMMITTEE MEETING MINUTES - February 10,2004 CITIZEN COMMENTS: 18. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 6, 2004 - Reading and Public Hearing - Resolution R-04-2356 ADJOURNMENT: 20. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, April 2, 2004, at ~~ . ~thia fungleton, 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 817.503.1133, and reasonable accommodations will be made to assist you. CITY COUNCIL CC@nCll AGENDA BRIEFING ,("xO\$ MEETING DATE: I 04/06/04 CITY MANAGER I ~ ITEM#: i PC-1 ; DEPARTMENT HEAD i I FINANCE REVIEW i i Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Discussion of possible football facility sites This item is provided for City Council discussion and direction on current discussions for potential youth football field development. A staff update will be provided on Colleyville Youth Football Association (CYFA) game and practice field needs and a summary of their development preferences. It is anticipated that the CYFA President will attend the meeting to answer any questions. Currently, the youth football program utilizes Grapevine Colleyville Independent School District (GCISD) football facilities at the Colleyville Middle School. Facilities include the use of a game field and one practice field. The CYFA has identified a need for one game field and two to three lighted practice fields. Adjacent parking, playground, equipment storage and restroom/concession facilities would need to be considered as part of an overall program. During discussions in developing a potential Capital Improvement Program, the City Council identified possible funding for related youth football facility improvements. Subsequent to the worksession discussions, Council directed staff to investigate the possibility of developing a joint use agreement with the GCISD for improvements to undeveloped properties located at the campuses of the Colleyville Elementary and Middle school sites. We initiated these discussions in December and were able to arrange a joint meeting in January. Discussions have been very positive with the GCISD staff. During this time, Council has been kept apprised of work efforts in the weekly Fast Facts. The GCISD staff has been reviewing the proposed field layout against their development needs and potential redevelopment of the campus property. Both the City and GCISD staff has been meeting to work out questions and concerns over the last several weeks. We are attempting to schedule a meeting in the next few weeks for further discussions. During the course of the last several weeks, additional sites have come to the attention of city staff. The March 16, Fast Facts provided a general update of the multiple sites being proposed by various individuals. It is important for staff to receive Council direction on how to proceed with the various competing sites. The four sites include: . Utilize the designated football area on the Pleasant Run Park Master Plan for additional practice sites . Construct a permanent game field at Covenant Christian Academy (CCA) Pre Council Agenda Briefing Page 2 of 2 . Develop two to three practice fields at Colleyville Heritage High School (adjacent to SH121) . Construct practice fields and possible game field improvements at Colleyville Middle School The meeting, a few weeks ago with representatives with CCA was very positive with the school officials desirous to work with the City to move forward in allowing the City to construct the improvements. Staff plans a follow up meeting with CCA next week. On March 31, 2004, City staff met with representatives of the CYFA to review the options and discuss their needs and determine their priority. As per our discussions, CYFA stated their number one priority is to develop two to three lighted practice fields and possibly a storage facility at Colleyville Heritage High School. The timeline discussed with CFYA is August 2004. Possible future development of this area would include a storage facility, restroom, and concession stand and adjacent parking. Generally, the cost to build a single practice field is approximately $200,000. The predominate expense is the lighting, with an estimate of $100,000. Construction for a game field would be in the range of $1,100,000. Research by the GCISD estimates the cost of an all weather field surface to cost approximately $700,000. Regardless of which site is selected, it will be important for the City to obtain a joint use agreement that contains clearly defined days and hours of use for the CYFA program. Additionally, staff recommends that the agreement provide for City staff being responsible for the field maintenance during the playing season. Attachments . Colleyville Middle School Concept Plan - Exhibit 1 . Covenant Christian Academy Concept Plan - Exhibit 2 . Heritage High School Concept Plan - Exhibit 3 . Heritage High School Concept Plan - Exhibit 4 = o ~.~ "fi n -l M 0 n ~ ~ r =- r 0 trl </' ... >-<: () 0- < r g ... ~ ...... F r </' ~ r trl trj ~ ~ 6 t:l -< r trl i---\ [/J r n r ::c 0 trj 0 r ~ 0 0 ~ 3:: tJj ;J> > ;:;:; n r ::c r tv 0 0 (/l 0 .j:. i---\ ~ ~,*l~j>:<t'( trj (/l I! CIlY~ COJ..Em.I.E ClrOl'I&lfQI) I; o (1)0 irii .-(') >111 -<~ o. ~o I\) . II ~ ,I ! II ~ I CHEEK-SPARGER ROAD -.... III : L________ ! ! err (l00llD\t.If ------- ClrOl'IIIIOI) Covenant ChrlBtlan Academ, of c~...... T.1lU ~ ~ =- -. 'a' -. ..... N ~ :r: n ~ 0 s;: r ~ r ;; t'Ij ~ ~ ~ -< ::r: ;--.( o r ~ r t'Ij 'Tj o o """3 ~ to ~ > n r ;:s r o ~ C/l ;--.( """3 t'Ij C/l g; n c: 0 ;; r @ r =s trl @ ~ ~ < ::r: ~ o r ~ r trl ~ o o ~ ~ t:Jj ~ > n r ;: r o :i:: (/'l ~ ~ trl (/'l ~ PRE-COUNCIL ~'" AGENDA BRIEFING ;C'~~$ ITEM#: 04/06/04 PC-2 CITY MANAGER I . ! MEETING DATE: , ! DEPARTMENT HEAD I FINANCE REVIEW Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Update of Intersection Projects City Manager Bill Lindley has requested an update on several intersection construction projects within the City of Colleyville. 2004 Street Overlay Project: Due to increased funding, this year's project is the most aggressive since 1999. Phase I consists of the milling and asphalt overlay of 14 streets. The project is currently in progress with a completion date estimated to be early May 2004. John McCain Road and SH26 Intersection: The project began in early June 2003. The contractor is currently working on the new roadway section between the box culvert and SH26. Franchise utilities are currently relocating their lines to a location outside of the proposed pavement section. Traffic detours are planned for late spring. Informational signs will be posted 14 days prior to detouring traffic. The project is approximately 90 days behind schedule due to excessive ground water encountered during the construction of the Con-span bridge. The project is scheduled for completion in the Fall 2004. John McCain Road and Westcoat Drive Intersection: Bids were opened on Wednesday, March 24,2004. Staff and the consultant are currently evaluating the bids and will be checking references of the low bidder next week. A construction contract is scheduled for City Council consideration at the April 20, 2004 meeting. Construction should begin in May 2004. Glade Road and Heritage Avenue Intersection: TxDOT gave approval to proceed on Monday with the 30% design of the plans. Staff held a public meeting in September to review the project with the citizens that live in the area. The estimated start date of construction is early Fall 2005. Glade Road and Heritage Avenue Intersection Cleanup: The Public Works Department will be removing the orange barrels and guard rail and replacing them with a new concrete curb and gutter section. Additional dirt and grass will be installed behind the curb. This will enhance the look of the intersection. McDonwell School Road and Precinct Line Road Intersection: Staff has been working with the Keller Independent School District (KISD) and developers of property in this area for several months concerning improvements to the intersection. The KISD has recently submitted a traffic impact analysis (TIA) to the City for their review. Staff is currently evaluating the proposed improvements related to the construction of a new elementary school in the area. A summary report will be submitted to the City Manager. CITY COUNCIL CCeil<1l AGENDA BRIEFING lex..S ITEM #: 1 1 04/06/04 PC-3 CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW ! Previous Action: None MEETING DATE: ! ! DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Update of Economic Development Work Plan Reading and Public Hearing As part of the adoption of the Economic Development Work Plan, Council requested monthly reports. The attached report is provided for Council discussion. Attachments . Economic Development Work Plan Update, March 2004 ~ MEMORANDUM Office of City Manager TO: FROM: SUBJECT: DATE: Mayor and City Council Bill Lindley Economic Development Work Plan Update March 27, 2004 Attached is first monthly update for the Economic Development Work Plan. You will note that under each of the work items is a listing of "status". This update will be scheduled for the April 6 agenda for any questions by the City Council. Staff has been very busy over the last several months on a number of economic development initiatives. We are all proud of the work efforts by our citizens committee, the Council and staff. Overall, economic development activities are going very well for Colleyville. A couple of key indicators for the current fiscal year are: · Sales Tax Year to date receipts are up by 14%. The Finance Director advises that this increase brings sales tax revenues to amount received prior to the closing of K-Mart. · Building Permits Commercial We have issued $15.4 million in permits which is up by $6.03 million compared to the same time period last fiscal year. Lifetime Fitness was $12.7 million of this amount. Residential Over the last six months of this fiscal year we have issued 133 residential permits with an average value of $364,581. This is in comparison to the same period last fiscal year of 61 residential permits with an average value of $376,249. The decrease in average home value is due the decrease in average house size, which dropped from 5,261 this time last year to 5,086 this year. This is typical of national trends, which suggests that house sizes are getting smaller as the populations ages. · Zoning and Platting Year to date we have seen 21 in properties being considered for rezoning compared to 18 last year. Zoning though is just part of the story. More exciting, the Council has approved 24 plats, to date, compared to only 14 this same time last year. A major work goal of the Council this year was in the area of economic development. I think you will agree that we are hitting all cylinders in your desire to enhance the residential and commercial opportunities for our residents. Please give me a call should you have any questions about the draft work plan. Charting a Course for Colleyville's Future - An Economic Development Work Plan A general slowing of Colleyville's residential development is expected to occur over the next several years. While residential homebuilding will not come to a complete end, the focus is expected to shift to specific redevelopment of existing properties. Economic development has for a number of years been a focus of attention for Colleyville's elected leaders with this trend adjustment. Attention to growing the retail sector of the community was given focus as a top priority for the City Council during its annual planning session held June 2003. The attention is recognition of the need to expand the tax base (both commercial and sales), attraction of quality retailers, and assist current retailers. Successful economic development is not an accident; it is the result of careful planning that considers a community's needs, wishes, and vision. Wanting to create a well-crafted plan, the City of Colleyville appointed a nine member Economic Development Task Force in September 2003. Augmenting the committee was the appointment of forty adjunct members to assist the main committee. The group met for ninety days and presented a report of their findings for City Council consideration in November. The committee looked at many aspects of Colleyville. A worksession with the committee and the City Council (held in January 2004) concluded in key initiatives being focused on for further work efforts. A work plan was assembled by staff to address the points of discussion and agreement from the work session on where to proceed in furthering Colleyville's retail opportunities. The initiatives identified in the work plan are provided in no particular order. A simple, yet encompassing, vision can be drawn from the work session discussion: To create an environment and opportunities that promotes expansion and diversification of Colleyville's retail tax base. The strategic planning process for Colleyville is not complete - it has only begun. Strategic planning is like "a race with no finish line." As the various public and private organizations in the city begin to flesh out the strategic actions and attempt to implement them, it will become clear that modifications and adjustments may be necessary. Because strategic planning is a long-term process, some of the objectives and actions will take a number of years to complete. As these work items are met, there will be undoubtedly new initiatives identified in the years to come. Also, with the hiring of an Economic Development Director, the work plan may need modification for additional items and initiation dates. Economic development activity is often closely associated with aggressive marketing for "prospect development." However, the percent of commercial sites limits the opportunity for large retailers. On the other hand, the quality of life, strong income demographics, and intensive psychographics of the immediate trade area provide Colleyville with the opportunity to pursue key retailers. The successful attraction of these retailers is as much about marketing as it is about creating the proper environment within which these stores can flourish. Therefore, part of the role of economic development efforts has to be focused on facilitating a system that is supportive to retail developers and business start-ups. This requires working closely with city departments, the state highway department, business interest groups, local educational institutions, and the business community to create programs and activities as well as the infrastructure to stimulate retail development. Maintaining a resilient economy requires planning. While we cannot always predict economic cycles, we know that City programs should encourage efforts to increase the opportunities for today's businesses, while expanding the possibilities for future entrepreneurs. Land use planning, permitting processes, infrastructure development and related efforts of the City will influence future business development. This economic development work plan outlines the role of the City of Colleyville for the next couple of years. The ultimate success of this community planning process depends on how well elected officials, staff, businesses, and residents stay committed. The plan by itself is worthless. Its values lie in each of the stakeholders staying the course. The City of Colleyville's leadership has taken the first steps towards proactively responding to the opportunities before the community. The next steps have been defined, and so the journey begins. Goal A: Foster an entrepreneurial network promoting innovative and healthy businesses in Colleyville Objective #1: To increase the networks and connections among Colleyville businesses and with regional-state-national businesses and developers/brokers. Actions: Retain a professional Economic Development Director Who: City staff When: Complete by 3rd quarter 2004 Status: Underway, expected completion within 30 days Actions: Evaluate operational needs and provide draft budget identifying staffing and marketing opportunities for FY 2005 expansion Who: City Staff for Council consideration When: Complete by 2nd quarter 2004 Status: Complete, area cities spend average of $25,000 Actions: Research and prepare an Incentive Policy that is "to beat" for area cities. It could include abatements, grants, fee waivers, regulatory streamlining, etc. Who: City staff for Council consideration When: Present to Council by 3rd quarter 2004 Status: Draft complete and waiting for input from ED Manager Actions: Update and expand community profile information on the web site with emphasis on integrating GIS and property site information Who: City staff When: Initiate and continue regular updates by 2nd quarter 2004 Status: Determined to use NCTCOG at a cost of $8,000 and waiting for ED Manager for final input Objective #2: Provide a "Business Support Plan" to encourage active networks and business events in Colleyville Actions: Develop an easy to use "How To" information packet for operating a business in Colleyville (starting, expanding or relocating). Who: City staff When: Complete by 4th quarter 2004 Status: No action to date Actions: Target twelve existing businesses per quarter focusing on building working relationships between the City. Who: City Staff When: Initiate and continue 3rd quarter 2004 Status: No action to date Actions: Interview companies that either close or choose not to locate in Colleyville by focusing on their business decisions. Who: City Staff When: Initiate and continue 3rd quarter 2004 Status: No action to date Goal B: To support business development through: efficient land use; effective transportation systems; targeting land (re)development; and providing adequate infrastructure to the benefit of present and future. Objective #1: Evaluate the Master Plans to preserve and maintain areas that allow for commercial uses Actions: Review the Land Use Master Plan for commercially viable areas and provide attention to areas that have potential conflict with residential areas Who: When: Status: Planning and Zoning Commission and City Council Complete by 3rd quarter 2004 Underway as part of Master Plan update Actions: Prepare report for City Council identifying zoning use tables (particularly SUP requirements) for commercial activities compared to area cities Who: When: Status: Planning and Zoning Commission and City Council Initiate by 4th quarter 2004 No action to date Actions: Review the thoroughfare planning standards to support viable commercial and residential corridors by identifying adequate ROW, sidewalk-trail opportunities and open space. Who: Capital Improvement Advisory Committee, Sidewalk Committee, Parks Board, Planning and Zoning Commission, and City Council When: Complete by 1st quarter 2005 Status: No action to date Actions: Review zoning standards provided in the "big box" ordinance for consistencies with other city standards and/or other ways of implementation through incentive Who: Planning and Zoning Commission and City Council When: Complete by 4th quarter 2004 Status: No action to date Actions: Review developing incentives to promote developing at higher requirement standards to foster an environment of creating an "opportunity for quality by incentives." Who: Planning and Zoning Commission and City Council When: Complete by 4th quarter 2004 Status: No action to date Objective #2: Provide aesthetically pleasing corridors to shopping districts that respond to traffic demands Actions: Identify transportation corridors with attention to drivability and landscaping amenities. Who: City staff When: Complete by 4th quarter 2004 Status: No action to date Goal C: Colleyville's planning, zoning, and permitting process facilitates sustained and positive development of properties. Objective #1: Review the development process to strengthen and improve the efficiency with a goal of eliminating and combining steps Actions: Coordinate regular meetings with builders, developers, contractors, and engineers to identify changes in the LDC for flexibility and common sense in the application of code requirements Who: City Staff When: Initiate and continue regular meetings by 2nd quarter 2004 Status: Staff has meet to review codes and anticipating first meeting within sixty days to coincide with arrival of ED Manager. Actions: Convene regular business roundtables with business, civic, educational, and city organizations to promote active involvement in city business oversight. Who: City Staff When: Initiate and continue regular meetings by 2nd quarter 2004 Status: Staff has meet to review codes and anticipating first meeting within sixty days to coincide with arrival of ED Manager. Actions: Prepare a report identifying opportunities to utilize the internet and computer technology, where practical, to improve the development process for both the City and business Who: City Staff When: Complete by 4th quarter 2004 Status: Determined to use NCTCOG at a cost of $6,000 and waiting for ED Manager for final input Actions: Cross-reference of retired corporate volunteers for assisting start up businesses Who: City Staff with support by community business groups When: Initiate by 3rd quarter 2004 and ongoing implementation Status: No action to date Actions: Prepare an economic development strategic plan Who: City Staff with support by community business groups When: Initiate by 3rd quarter 2004 and complete within one year Status: No action to date Goal 0: Present an image of Colleyville as a great place to live and do business Objective #1: To develop long-term active working relationships between business organizations, community groups, public agencies and elected leadership. Actions: Promote business connections to schools, parks and community events by encouraging business groups to be actively involved in community activities and festivals Who: City Staff When: Ongoing implementation Status: Initiated with HOA meetings, Business Alliance, and Chamber pa rtici pation Actions: Convene a regular roundtable of business leaders, elected officials and community groups to discuss current business and job issues, provide a forum for businesses to express concerns and to strengthen relationships. Who: City Staff with support from community business groups When: Initiate by 3rd quarter 2004 and ongoing implementation Status: No action to date Objective #2: Prepare a focused informational program targeted to prospective retailers, real estate brokers, and developers Actions: Identify costs to retain a consultant to develop a community "branding" and market message for FY 2005 budget funding Who: City Staff When: Complete by 3rd quarter 2004 Status: No action taken Actions: Retain the Buxton Group or a similar firm to determine the trade area and corresponding retail spending opportunities for retailers Who: City Staff with support by consultant When: Complete by 2nd quarter 2004 Status: Council approval expected in April Actions: Host and participate in regular brokerage tours promoting retail opportunities Who: City Staff with support with area brokers When: Initiate by 4th quarter 2004 and ongoing implementation Status: No action to date Goal E: Colleyville Boulevard should be redeveloped to maximize its full potential as a central business corridor. Objective #1: Review existing land uses and businesses along the SH26 corridor that are non-conforming for redevelopment opportunities. Actions: Work with property and business owners to identify specific opportunities and constraints to improving appearance of buildings through educational seminars Who: City Staff When: Initiate by 4th quarter 2004 Status: No action to date Actions: Identify properties that have low maintenance and develop accompanying regulations by Evaluating existing regulations Developing an incentive program to assist costs of bringing properties into compliance City Staff Initiate by 2nd quarter 2004 Council approved ordinance in March Who: When: Status: Objective #2: Use the opportunity of highway improvements to seek state- federal funding to enhance SH26. Actions: Provide entry signage that provides a "branding" opportunity Who: City Staff and SH26 Advisory Committee When: Ongoing implementation as part of SH26 project Status: SH26 Advisory Committee identified funding and Council CIP discussion expected during summer Actions: Develop design for landscaping elements along the corridor Who: City Staff and SH26 Advisory Committee When: Ongoing implementation as part of SH26 project Status: SH26 Advisory Committee identified funding and Council CIP discussion expected during summer Actions: Incorporate greenways and pedestrian corridors along the corridor with attention of providing cross-connections at key locations Who: City Staff and SH26 Advisory Committee When: Ongoing implementation as part of SH26 project Status: SH26 Advisory Committee identified funding and Council CIP discussion expected during summer Actions: Identify funding costs for the possible relocation of overhead utility lines and funding for landscaping Who: City Staff, City Council and SH26 Advisory Committee When: Ongoing implementation as part of SH26 project Status: SH26 Advisory Committee identified funding and Council CIP discussion expected during summer Actions: Prepare action plan to assist businesses during construction period minimizing business interruption, maximizing visibility, and consider zoning regulations to minimize non-compliance Who: City Staff When: Initiate by 1st quarter 2005 Status: Draft prepared and SH 26 Advisory Committee review approval expected by summer CITY COUNCIL <Den(/) AGENDA BRIEFING 'rCX:'I$ ; 04/06/04 CITY MANAGER i '----:A /J MEETING DATE: ; ! i , ,- ITEM#: PC-4 DEPARTMENT HEAD ! , i FINANCE REVIEW i i ; Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Update of City Council Goals 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 provides the opportunity to provide an update for the City Council. Attachments . City Manager Memorandum, dated March 27, 2004 . City Council Agenda Briefing, dated July 15, 2003 ~t. MEMORANDUM Office of City Manager TO: FROM: SUBJECT: DATE: Mayor and City Council Bill Lindley Second Quarter Goals Review March 27, 2004 This year continues to be very busy for staff in meeting the objectives you identified as part of the goals for 2004. The goals are a result of the City Council worksession held this past June 6 and 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 Pre Council meeting. (See attached). As we close the second 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. I appreciate the support and direction you have provided over the last few months as we have addressed each of these issues. ~ 2004 City Council Goals 2,'ld 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: This is the second quarterly report. Economic Development . Develop "Project Colleyville": Council approved a vacant property Ordinance this past month. . 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 currently underway. . Provide staff funding in the 2004 Budget: Funding was provided in the budget and interviews are currently underway to fill the Economic Development Manager position. 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: A presentation was made to the Council last month and staff is currently working on preparing a five year budget as part of the overall budget discussions scheduled later this summer. 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: A second quarterly report is scheduled for April. Staff is hosting information as a feature to the City Website for ongoing updates. PRE-COUNCIL .<5 AGENDA BRIEFING 7'('.\;015 j MEETING DATE: I ITEM #: I 07115103 PC-2 CITY MANAGER DEPARTMENT HEAD I FINANCE REVIEW I Previous Action: None N/A 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 CIO 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 Colleyville 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 4 . 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 Develocment · 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 · I nitiate 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 ImDrovements . 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 jf 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 jf 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 responsibilities. 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 fonnat to create a discussion opportunity in solidifying the philosophy for the role and responsibilities for the Mayor, City Council members and the City Manager. 7 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 are looking for. However, to achieve such will demand that you bring in thinkers, planners and developers who are 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: LeveraainQ of Sports Stars CoUeyville has some exceptional sports stars as residents. There are numerous 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. Leveraaina Corporate 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 for 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 for new urbanism opportunities which could help spur 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 8 study could look at an approach of a "New Urbanism" study with an emphasis on o SH 26, SH 121 and Precinct Une 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 ceNer, 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 I} 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 cnallenges will be to keep your focus on tne 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 CouncH 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 callan 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 ,_. __,_'.0 ..~.._._.._.. _M. .-,._._.~..._. ..------.......... PRE-COUNCIL CC@nCl> AGENDA BRIEFING IL-;-':":' MEETING DATE: I ITEM#: ! 04/06/04 PC-5 CITY MANAGER 1 DEPARTMENT HEAD i :J'(,tt FINANCE REVIEW iN/A Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Discussion of Overhead Utility Relocation Ordinance for undeveloped properties The SH26 Advisory Committee has been working on a proposal to relocate the existing overhead electric power lines along SH26 by burying them underground. The SH26 Advisory Committee met March 23, 2004, and in conjunction with the proposal is a recommendation for City Council to consider adoption of an ordinance to require new developments to place overhead utility lines underground as properties develop. Attached is a proposed ordinance, which upon approval, will require all new developments in Colleyville to place all private utilities underground. The proposed ordinance will be an amendment to Chapter 14 of the Land Development Code. Staff will provide a short presentation and will be seeking City Council comments. Since the proposed ordinance will be amending a subdivision development standard, staff recommends that the Planning and Zoning Commission consider the amendment and make a recommendation to the City Council. ATTACHMENTS: . Proposed Private Utility Ordinance ORDINANCE 0-04-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 14, ENGINEERING DESIGN STANDARDS, OF THE LAND DEVELOPMENT CODE, AS AMENDED, REGARDING PRIV ATE UTILITIES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00- 1214 on April 18, 2000, to adopt the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, the Planning and Zoning Commission has held a public hearing and forwarded its recommendation to the City Council for consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 14, of the Land Development Code, as amended, is hereby amended to insert a new Section 14-182, Private Utilities Provisions, to read as follows: Section 14-182 Private Utilities Provisions A. Definitions - For purposes of this section, the following definitions shall apply: 1. "Utility services" - The facilities of any person, firm, or corporation providing electric, telephone, video and other communication cables, including internet service, or any other such item or service for public use, but not those provided by the City of Colleyville. 2. "Electrical transmission line" - Those high voltage supply electric lines that emanate from substations used to distribute power through an area to an unspecified number of customers. 3. "Lateral/distribution lines" - Those wires, cables or lines used to provide service to an area of customers. Ordinance 0-04-xxxx Page 2 of 4 4. "Service lines" - Those wires, cables or lines used to provide service between a lateral/distribution line to an end-user and normally located on the property of the end-user. B. Applicabilitv - This regulation shall be applicable to vacant, undeveloped, properties, located within the corporate limits of the City of Colleyville. C. Requirement - From and after the effective date of this Ordinance, all subdivision plats, including replats, submitted to the City for approval for a vacant property shall include construction plans that provide for private utility services, including all lateral/distribution lines to be placed underground. D. Construction Permit - Prior to construction of any private utility service, utility companies shall submit plans, showing the extent and location of construction, to the City and receive a construction permit. No permit shall be required in the event of an emergency in order to restore service. The location of all new equipment shall be shown on the construction plans. E. Easements - Responsibility for obtaining or verification or all easements shall be with the developer of the utility company providing the private utility service. Easement locations and widths shall be shown on the construction plans. Any changes during construction shall be approved by the utility companies and the City of Colleyville. F. ExistinQ Overhead Services - Existing overhead lateral/distribution lines and service lines located within the land proposed for development must be relocated or placed underground to accommodate the development, the developer is responsible for relocation and placement of the lines underground. G. New Services - New overhead lateral/distribution lines and service lines shall be placed underground. H. ScreeninQ of Support Equipment - Support equipment, such as transformers, amplifiers, switching devices, etc., necessary for underground installations, shall be screened with live plant material to provide a solid screen from view from public streets. Screening shall be the responsibility and at the cost of the developer or utility company. The location of the screening material shall be coordinated with the utility companies to ensure safe and efficient access to the equipment. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Ordinance 0-04-xxxx Page 3 of 4 I. Cost Recovery - Nothing in these regulations shall prevent a utility company from charging or recovering the costs associated for compliance with these regulations. No utility company shall be required to begin construction of underground facilities unless and until the owner or developer has made arrangements with the respective utility company for payment in accordance with that respective utility's Tariff for Service and/or Line Extension Policy. J. Temporary Service - A construction service may be provided by overhead electric lines and facilities without obtaining a variance or exception, provided that when the underground utility service to any portion of a subdivision is completed, such overhead electric lines and facilities are promptly removed. K. Additional Standards - All utility installations regulated by this section shall also conform to the standards for utility construction contained in the Colleyville Land Development Code. L. Waivers and Exemptions - The City Council may approve a waiver or an exemption to a requirement of this section where it is determined to be impractical or not in the best interests of the public for strict compliance. THAT Ordinance 0-00-1214, the Land Development Code, as amended, shall remain in effect, except where amended by this ordinance. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an Ordinance 0-04-xxxx Page 4 of 4 alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2004. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney CITY COUNCIL CC~<3 AGENDA BRIEFING {l"x.,s. MEETING DATE: ITEM #: I 04/06/04 PC-6 CITY MANAGER DEPARTMENT HEAD i FINANCE REVIEW Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT : Discussion of selecting dates for Capital Improvement Program (CIP) worksessions This item will provide an opportunity for the City Council to discuss setting dates for additional CIP worksessions. PRE-COUNCIL cc@n", AGENDA BRIEFING 1(':,,;;:\$ MEETING DATE: i ITEM #: i 04/06/04 PC-7 CITY MANAGER i DEPARTMENT HEAD ! FINANCE REVIEW Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT : Discussion of the April 6, 2004, City Council regular agenda items This item provides the opportunity for the City Council to discuss the regular City Council agenda items. CITY COUNCIL en.", AGENDA BRIEFING 'tl,;-,:.,$ MEETING DATE: ITEM#: RESOLUTION #: 04/06/04 1 N/A CITY MANAGER i DEPARTMENT HEAD ! FINANCE REVIEW ! N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Property Acquisition - Fire Station Sec. 551.072 - CITY COUNCIL ccece AGENDA BRIEFING (C':'::'l$ MEETING DATE: ITEM #: RESOLUTION #: 04/06/04 CITY MANAGER i 2 DEPARTMENT HEAD i N/A FINANCE REVIEW I Previous Action: None N/A DEPARTMENT: CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENT A TIONS PLAQUE - In recognition of Bill Mitchell's service on the Park Land Dedication Committee PLAQUE - In recognition of GiI Turner's service on the Park Land Dedication Committee RESOLUTION R-04-2348 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING APRIL 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 March 16, 2004, are hereby approved. b. THAT setting a date for a public hearing to consider a request by the Grapevine-Colleyville Independent School District to move a portable building to the Colleyville Elementary School campus located at 5800 Colleyville Boulevard, is hereby approved. c. THAT acceptance of the donation of two paintings from the Covenant Christian Academy to the Colleyville Public Library and Colleyville City Hall, is hereby approved. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE AYES, DAY OF NAYS AND 2004. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor MINUTES OF THE COLLEVILLLE CITY COUNCIL MEETING MARCH 16, 2004 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on March 16, 2004, at 5:20 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, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Public Works Director Keith Fisher, Finance Director Terry Leake and City Secretary Cynthia Singleton were also present. PC-1. Presentation and Discussion of the Precinct Line Road Corridor Study Mr. Raymond Kahl and Mr. Steve Madison of Urban Design Group provided an overview of the Precinct Line Road Corridor Study and answered questions of the Council. PC-2. Overview of the Fiscal Year 2005 and Multi Year Budget Process There was no discussion on this item. PC-3. Discussion of the Canvass of the May 15, 2004, Election Results and Administering the Oath City Secretary Cynthia Singleton provided an outline of the process for canvassing the May 15, 2004, election results and administering the Oath to newly elected Councilmembers. Council determined that the canvass would be held on May 24,2004, at 6:00 p.m. and the Oath and reception for Council members would be conducted at the regular June 1, 2004, Council meeting at 7:30 p.m. CITY COUNCIL MINUTES MARCH 16,2004 PC-4. Discussion of Citywide Donation Policy Ms. Dee Barker provided information related to the City's Donation Policy and reviewed the proposed Donation and Transfer of Title form. PC-5. Presentation of the Monthly Financial Report - February 2004 There was no discussion on this item. PC-6. Discussion of the March 16, 2004, City Council regular agenda items There was general discussion of Council agenda item nine. There being no further business, Mayor Hocutt declared the meeting adjourned at 6:55 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on March 16, 2004, at 6:58 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Jon Ayers and Mayor Pro Tern 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, Fire Chief Mike Johnston, Financial Analyst Collin Boothe, Communications Manager Dixie Cawthorne, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal and Section 551.072, Property. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:59 p.m. and reconvened at 7:34 p.m. The invocation was given by Robert Ellis of Colleyville Baha'i Community and City Attorney Ross Foster led the Pledge of Allegiance. 2 CITY COUNCIL MINUTES MARCH 16, 2004 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 - Fire Station Sec. 551.071 - 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Pro Tem Tigue announced that she and City Manager Bill Lindley attended the Region 8 Mayor's group meeting regarding education finance issues which will affect cities. Mayor Hocutt presented a Proclamation to Ms. Ann Conrad, President, Colleyville Garden Club, in recognition of the Colleyville Garden Club Arbor Day Celebration on March 26, 2004. Ms. Conrad stated that the Colleyville Garden Club is proud to participate with the City in planting a tree at the Webb House and honoring this historic group. Mayor Hocutt presented a Proclamation to Mr. Raman Chandler, Colleyville Proud representative, in recognition of Colleyville Trash Off, Tree City USA and Arbor Day Celebration to be held on April 3, 2004. Mr. Chandler invited citizens to attend the Colleyville Trash Off, Tree City USA and Arbor Day Celebration on April 3, 2004, at City Park. Mayor Hocutt invited citizens to the Spring Egg Hunt, Saturday, April 3, 2004, at 3:00 p.m. and the Night Egg Hunt at 6:30 p.m. at City Park. Mayor Hocutt presented a Proclamation to Ms. Karin Newell, President, ARTSNET in recognition of the contributions of ARTSNET. Ms. Newell expressed gratitude to the citizens of Colleyville for supporting the Arts and stated that the City of Colleyville had the largest number of patrons attend the Masterworks series and students at Glenhope Elementary and Colleyville Heritage High School have received ARTSNET grants. Mayor Hocutt presented a Proclamation to Ms. Billie Jo Hubbard in appreciation of her gift of the original minutes from the first meeting of the Colleyville Volunteer Fire Department. 3 CITY COUNCIL MINUTES MARCH 16, 2004 Mayor Hocutt recognized Mr. Lloyd Brothers and Mr. Jimmy Reynolds, for their service as former volunteer firefighters and Ms. Lila Coley, Mr. Joe Deupree and Mr. Ed Havran, Historical Preservation Committee members, for providing historical documents and information. Ms. Hubbard spoke regarding the service of former volunteer firefighters and dedicated the original minutes to the current Fire Department and Fire Chief Mike Johnston. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2336 - Consent Items: a. Approval of minutes of the regular City Council meeting of March 2, 2004 b. Approval of an Interlocal Agreement with other signatory member cities for cooperative purchasing of goods, products and or services Mayor Hocutt opened the public hearing and read Resolution R-04-2336 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-04-2336. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Ayers, Hendler and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1450 - Approval of a Special Use Permit for an accessory building on Lot 5, Block 3, Highland Acres, located at 305 Timberline Drive South, Case Z-04-008 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1450. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tern Tigue moved to approve Ordinance 0-04-1450. Councilman Dolan seconded the motion. 4 CITY COUNCIL MINUTES MARCH 16, 2004 Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1451 - Approval of the City-Developer Agreement with Foxcreek Residential Development, Ltd., for the Remington Park - Phase 4 addition Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1451. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to approve Ordinance 0-04-1451. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1452 - Approval of a City-Developer Agreement with Emerald Park Residential Development, Ltd., for the Emerald Park Addition Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1452. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tern Tigue moved to approve Ordinance 0-04-1452. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Hendler, Ayers and Mayor Pro Tem Tigue Nays: Councilman Dolan Mayor Hocutt declared the motion carried. 5 CITY COUNCIL MINUTES MARCH 16, 2004 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1453 - Approval of an amendment to Chapter 13-lmpact Fees of the Colleyville Land Development Code, by providing an exemption for payment of a water impact fee for certain residential lawn irrigation meters, Case G-03-036 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1453. Mr. Grady Walker, 7309 John McCain Road, 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. City Manager Bill Lindley spoke regarding the impact to the City's water system and proposed a monitoring system of the meters to reveal any impact. Discussion ensued regarding the monitoring and reporting process and a penalty for a violation. Mayor Pro Tem Tigue moved to approve Ordinance 0-04-1453. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1454 - Approval of an amendment to the Land Development Code regarding movie theaters, Case Z-04-004 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1454. 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 Ordinance 0-04-1454 with the amendment to add to Section 1. j. Movie Theater Uses: A move theater shall not contain more than six projection screens and shall not exceed 27,500 square feet. Councilman Ayers seconded the motion and clarified that the 27,500 square feet is total building size. 6 CITY COUNCIL MINUTES MARCH 16, 2004 Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1455 - Approval of a Zoning Change from AG to R20 on 41.8 acres located at 909 John McCain Road, Case Z -04-012 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1455. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Manager Barry LeBaron provided an overview of the zoning request. Discussion ensued regarding open space, drainage and PUD-R zoning. Mr. John Fagan, 1303 Bellefonte, applicant, was present to answer questions of the Council. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1456 - Approval of an amendment to Chapter 7 of the Land Development Code regarding political signs, Case G-04-006 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1456. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Manager Barry LeBaron provided an overview of legislative changes regarding political signs. Discussion ensued regarding the new laws and neighborhood deed restrictions related to political signs. 11. READING AND PUBLIC HEARING - Resolution R-04-2337 - Consideration of appointment to the Colleyville Tree Board Mayor Hocutt opened the public hearing and read Resolution R-04-2337 in its entirety. 7 CITY COUNCIL MINUTES MARCH 16, 2004 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-04-2337. 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-04-2338 - Consideration of appointments to the Parkland Dedication Committee Mayor Hocutt opened the public hearing and read Resolution R-04-2338 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-04-2338. Councilman Dolan seconded the motion. Ayes: Councilpersons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-04-2339 - Approval of a waiver of perimeter street improvement requirements and parkland dedication fees for Lot 1, Block 1, Pleasant Run Baptist Church Addition, located at 6001 Pleasant Run road, Case P-04-009 Mayor Hocutt opened the public hearing and read Resolution R-04-2339 in its entirety. Mr. Rod Eken, Hagan Engineering, 1705 Forest Ridge Drive, representing the applicant, spoke regarding the request for the waiver and the history of the church in the community. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 8 CITY COUNCIL MINUTES MARCH 16, 2004 Discussion ensued regarding the contributions of the congregation to the community and reasons to waive a portion of the fees. Mayor Pro Tem Tigue moved to approve Resolution R-04-2339, with the amendment to eliminate Section 2. Councilman Ayers seconded the motion. City Manager Bill Lindley provided an overview of the utilization of street perimeter fees. Ayes: Councilpersons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-04-2340 - Approval of an Interlocal Agreement with the Grapevine-Colleyville Independent School District for Glenhope Drainage Mayor Hocutt opened the public hearing and read Resolution R-04-2340 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hendler moved to approve Resolution R-04-2340. Councilman Dolan seconded the motion. Ayes: Councilpersons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-04-2341 - Approval of a construction contract with M. A. Vinson Construction Company, Inc., for the Glade Road Box Culvert Extension, in the amount of $34,017 Mayor Hocutt opened the public hearing and read Resolution R-04-2341 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 9 CITY COUNCIL MINUTES MARCH 16, 2004 Discussion ensued regarding the timeline of the project. Mayor Pro Tem Tigue stated that Section 1 of the Resolution had been changed to reflect the amount of $34,017. Mayor Pro Tem Tigue moved to approve Resolution R-04-2341. Councilman Ayers seconded the motion. Ayes: Councilpersons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. City Manager Bill Lindley stated that Section 1 was changed from a 10% contingency fee to a 20% contingency fee. 16. READING AND PUBLIC HEARING - Resolution R-04-2342 - Approval of an Agreement between The Makens Company and the City of Colleyville for brokerage services for the lease of 5100 Colleyville Boulevard Mayor Hocutt opened the public hearing and read Resolution R-04-2342 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to approve Resolution R-04-2342, with the amendment to Exhibit "A" as follows: Item 1. Owner hereby grants to Broker the exclusive right to lease the Property for a period of three (3) years at $1,439.00 per month, ($12.00 net square feet annually) with a security deposit equal to one month's rent, said exclusive right to lease commencing upon full execution of this document and ending six months thereafter. . . Councilman Ayers seconded the motion. Ayes: Councilpersons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-04-2343 - To override the Mayor's veto of Resolution R-03-2334, appointing members to the Planning and Zoning Commission 10 CITY COUNCIL MINUTES MARCH 16, 2004 Mayor Hocutt opened the public hearing and read Resolution R-04-2343 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-04-2343. Councilman Hendler seconded the motion. Ayes: Councilpersons, Dolan, Hendler, Ayers Nays: Councilman Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared the motion denied, as it requires four ayes to overturn a Veto. 18. READING AND PUBLIC HEARING - Resolution R-04-2344 - Consideration of appointments to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-04-2344 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-04-2344 appointing David Dudziak to Place 5, Tom Hart to Place 6 and Luann Edwards to Place 7 of the Planning and Zoning Commission. Councilman Dolan seconded the motion. Ayes: Councilpersons, Dolan, Hendler and Ayers Nays: Councilman Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared the motion carried. 19. READING AND PUBLIC HEARING - Resolution R-04-2345 - Approval of Service Agreements between the City of Colleyville and the Trane Service Group, through the Texas Cooperative Purchasing Network (TCPN), to provide for the inspection, maintenance and repair for the HV AC systems of the Colleyville City Hall and Library and the Colleyville Justice Center, in an amount not to exceed $86,433 Mayor Hocutt opened the public hearing and read Resolution R-04-2345 in its entirety. 11 CITY COUNCIL MINUTES MARCH 16, 2004 There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the warranty and future repair cost. Councilman Hendler moved to approve Resolution R-04-2345 with the amendment to add to Section 1:.. .through the Texas Cooperative Purchasing Network (TCPN), hereby attached as Exhibit '~",... Councilman Skinner seconded the motion. Ayes: Councilpersons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 20. READING AND PUBLIC HEARING - Resolution R-04-2346 - Approval of an Interlocal Agreement with the City of Grapevine for sanitary sewer charges Mayor Hocutt opened the public hearing and read Resolution R-04-2346 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to table Resolution R-04-2346. Councilman Skinner withdrew the motion to table Resolution R-04-2346. Councilman Skinner moved to approve Resolution R-04-2346. Councilman Ayers seconded the motion. Ayes: Councilpersons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. TABLED ITEMS: 21. CONSIDERATION OF ORDINANCE 0-04-1442 - Approval of a Zoning Change from CC1 to PUD-R Planned Unit Development Residential on 8.782 acres located at 5850 Colleyville Boulevard, Case Z-04-003 12 CITY COUNCIL MINUTES MARCH 16, 2004 There was no action taken on this time. Council requested that this item not be placed on the agenda until the applicant requests consideration of the zoning change. Additionally, Council requested that adjacent property owners be notified that this item will not be placed on the agenda until the applicant requests consideration and that a fourteen day notice will be mailed to adjacent property owners prior to consideration by Council. REPORTS: 22. ETHICS COMMISSION MINUTES - December 15, 2003 PARKS AND RECREATION ADVISORY BOARD MINUTES - February 2, 2004 PARKS AND RECREATION ADVISORY BOARD MINUTES - February 10, 2004 There was no action taken on this item. CITIZEN COMMENTS: 23. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 24. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 16, 2004 - Reading and Public Hearing - Resolution R-04-2347 This item was not needed. ADJOURNMENT: 25. ADJOURNMENT There being no further business before the City Council, Councilman Councilman Ayers moved to adjourn. Councilman Skinner seconded the motion. 13 CITY COUNCIL MINUTES MARCH 16,2004 Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers, and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the meeting adjourned at 9: 15 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 14 CITY COUNCIL CG~'" AGENDA BRIEFING it,"x,,$ MEETING DATE: 04/06/04 CITY MANAGER I ~A .~/ ITEM#: 3b DEPARTMENT HEAD : ~M- RESOLUTION # : R-04-2348 FINANCE REVIEW : N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of setting a date for a public hearing to consider a request by the Grapevine-Colleyville Independent School District to move a portable building to the Colleyville Elementary School campus located at 5800 Colleyville Boulevard, Case G-04-0 10 - by Consent Reading and Public Hearing Valerie See, Director-Special Projects with the Grapevine-Colleyville Independent School District, has submitted a request to move a temporary building onto the Colleyville Elementary School property. The building would be used for classrooms. The Colleyville Code of Ordinances requires that the City Council set the date for a public hearing before considering any request to place this type of building on property within the city limits. Approval of the resolution will set the date of April 20, 2004, as the public hearing date to consider this request. Recommendation Approval CITY COUNCIL cce'" AGENDA BRIEFING 'ex:\$ 04/06/04 1 ~ MEETING DATE: CITY MANAGER I ITEM # : 3c DEPARTMENT HEAD I ~J2- I RESOLUTION # : R-04-2348 FINANCE REVIEW i I Previous Action: None DEPARTMENT : LIBRARY SUBJECT: Approval of acceptance of the donation of two paintings from the Covenant Christian Academy to the Colleyville Public Library and Colleyville City Hall Reading and Public Hearing On January 22, 2004, the Covenant Christian Academy submitted a donation intent letter, and on February 9, 2004, the Academy submitted a donation proposal to the Colleyville Public Library requesting acceptance of two paintings by students depicting Colleyville historic sites. On February 9, 2004, the Colleyville Public Library Advisory Board discussed the proposal and deferred action on this request to provide an opportunity for staff to meet with the school representatives to discuss stipulations of this request. On February 19, 2004, the Covenant Christian Academy submitted a revised donation proposal. On March 8, 2004, the Colleyville Public Library Advisory Board reviewed the revised donation request and recommended acceptance of the donation. Recommendation Approval Attachments . Covenant Christian Academy Letter, dated January 22, 2004 . Covenant Christian Academy Donation Proposal, dated February 9, 2004 . Covenant Christian Academy Revised Donation Proposal . Colleyville Public Library Donation Policy COVENANT CHRISTIAN ACADEMY January 22,2004 Mary Rodne, Library Director City of Colleyville 100 Main Street Colleyville, TX 76034 Dear Ms. Rodne: Covenant Christian Academy is proud to be a part of the Colleyville community. We have a sincere desire to bless our community in any way possible. One area of emphasis at our school is community service. In the spirit of this emphasis we have commissioned two special art projects for Colleyvill.e's new library. We have chosen two unique students that exemplify the s Halprin, a senior at Covenant, has participated not only . district kicker on our varsity football team. He award in sculpture and a third place award in th ability speaks for itself with his painting of C junior, who excels not only in academics b lovely depiction of the historic Webb Ho . 817.281.4333 METRO 817.577.3378 FAX 817.2814674-' We sincerely hope these paintings Colleyville Library. Sincerely, 1i~ Ted Rose Dixector of Fine Arts Covenant Christian Academy Cc: Ginny Ttgue Joe Hocutt Bill Lindley COVENANT CHRISTIAN ACADEMY, 901 CHEEK SPARGER . rt=u u"t U"t U.:l;'tbP L.10rar::l tU 'I-~U;:l- .l.l~~ ,g1'7-S"tJ3 -liS() p. .l . COLL~LL~ PUBLI~, LIBRARY Trx.. _ , a __ _ ..._. .:.. . . . 4_ .!. .... .~_. Name: City of Colleyvllle Library Director (], ; €r>Q at {}/'r;':' I;",,,, /-? <>a.d~ "" d 90/ {Y;ee-u --.:5 pCL/"C}~' ;(d, / /~'I v; / I ~ ~ ~p ,J / ;(... State: Code: /& CJ '3 r-- Date: ~-{)q-(Jq To: Attention: Address: City: Telephone Numbers: Home; P/7 - 3~ 9 -:3 (,/3/ Work: C~Pd,' ~o/~ --.5#holLJ <:!...d/ 81';J-3(,C,fls-,g' I respectfully submit the following proposal for a donation to the Colleyville Public Library. I have read and understand the Donation Policy of the Colleyville Public Library. Further, I agree that the provisions are acceptable. .{!c4 Date: 0:<- CJp_ey Received by: Date: Donation Policy October 2003 Plp4of8 reo U~ U~ U~:~bp Llbrar~ 817-503-1159 .P/'7-S"r)3 - / IS?) p. 1 . COLL~L~~ PU_~L~~, LIBRARY Tex._ . a .~...._..=-... --. .!. .~-:.. .,,-. :........ . Name: City of Colleyvllle Date: cQ - () q - cJ ~ Ubrary Director (], (.10Q al {J/'r ;:,-h-'M ,t;J "d~ n---. z]; 9CJ/ t?bee-I:! --.5 Pa-f1~ f(d, / /~'/ U; / !~ n ~ ~ ~~~ To: Attention: Address: Work: Date: c::< - CJ 9'- ey Received by: Date: ;I i#' ~~ ~~..44# r ~~~ ~ ~~~')ti7 Octobcr2003tq ~ ~~... ccen~ TexaS COLLEYVILLE PUBLIC LIBRARY DONATION POLICY Q GENERALSTATEMENT The Colleyville Public Library welcomes gifts and donations in support of its collections, programs, services and facilities. The Library has been greatly enhanced by many fine donations which have enabled the Library to acquire many items that otherwise could not have been afforded. Q STATEMENT OF PURPOSE The purpose of this policy is to provide consistent guidance of the consideration of donations to the Colleyville Public Library. Q SPECIFIC DONATIONS · DONATIONS OF BOOKS, PERIODICALS, AND AUDIONISUAL MATERIALS Gifts of books and other library materials are gratefully accepted by the Library and will be considered for addition to the collection in accordance with the guidelines detailed in the Materials Selection Policy. · DONATIONS OF ART OBJECTS AND OTHER TYPES OF MA TERIALS 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 Colleyville Public Library 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 Library to expend the cash on materials, equipment, or a project acceptable to the donor. Cash donations will be deposited into the Colleyville Public Library Donation Fund. Other donations Donation Policy October 2003 Page 1 of8 such as equipment, stocks, etc. may be accepted, but would be subject to recommendation of the Library Board and approval of the City of Colleyville. o DONATION GUIDELINES Any person or organization making a cash donation of $1,000 or less specifically for the purchase of materials in memorial to or in honor of named individuals may write a check to the Colleyville Public Library and submit it to the Library Director. These donations will be deposited in the Colleyville Public Library Donation Fund and are exempt from City Council acceptance. Any person or organization making a cash donation greater than $1000 or a donation of art objects or other types of materials to the Colleyville Public Library must complete a Donation Proposal Form (Attachment A) and submit it to the Library Director. 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 Library Director will review the proposal, and forward it to the Library Board. The Library Board will discuss the donation proposal and make a recommendation, which will be forwarded 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. 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 the Library Board may submit the request to the City Council for approval. o 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 Library should understand that it might someday be sold or disposed of in the best interest of the Library. However, the donor should be assured that no donation shall be disposed of in a careless manner. Donation Policy October 2003 Page 2 of8 o RECOGNITION OF DONATIONS When an individual or organization gives a cash donation to the Library for the purchase of books, periodicals, or audio/visual materials, a bookplate naming the donor and/or an individual being honored will be placed on each item. In order that the Library can properly honor the generosity, a Donation Recognition Form (Attachment B) must be completed. A letter from the Library indicating receipt of the gift will be sent to the donor. 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 Library 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. o RECEIPTS The Library 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) o ACCEPTANCE OF POLICY When accepting donations of greater value, the City of Colleyville may require the donor to sign an acceptance of policy form. o SOLICITATION OF GIFTS The Library will work with the Friends of the Colleyville Public Library and the Colleyville Public Library Foundation to develop appropriate methods for the solicitation of some gifts. Depending on the wishes of the donors, some donations may be referred to the Colleyville Public Library Foundation or the Friends of the Colleyville Public Library. o REVSIONS The staff and Library Board of the Colleyville Public Library will review the Donations Policy periodically, and reserve the right to recommend changes at any time. Donation Policy October 2003 Page 3 of8 cc.~ COLLEYVILLE PUBLIC LIBRARY Texas To: Attention: City of Colleyville Library Director Date: Name: Address: City: State: Telephone Numbers: Home: Zip Code: Work: I respectfully submit the following proposal for a donation to the Colleyville Public Library. I have read and understand the Donation Policy of the Colleyville Public Library. Further, I agree that the provisions are acceptable. Detailed description of Donation: Value of Donation: Donation Stipulations (if any): Pictures and/or detailed drawings: D Attached D None D Not Applicable Signature of Donor: Date: Received by: Date: Donation Policy October 2003 Page 4 of 8 For office use only: DO NOT WRITE BELOW THIS BOX Reviewed By: Date: Library Director Recommendations/Comments: Reviewed By: Date: Library Board Recommendations/Comments: Approved By: Date: City of Colleyville Modifications, if any: Disapproved by: Date: City of Colleyville ATTACHMENT A Donation Policy October 2003 Page 5 of8 CCeC1> COLLEYVILLE PUBLIC LIBRARY Texas Date: Name: Address: City: Telephone Numbers: State: Zip Code: Home: Work: I/we have read and understand the Donation Policy of the Colleyville Public Library. Further, I/we agree that the provisions are acceptable and would like to contribute $ for material(s) to be placed in the library. As a Memorial for: Or In Honor of: On the occasion of a...: D Birthday D Wedding Anniversary D Graduation D Birth D Other (please specify): The subject matter we prefer for this material is (please specify): The format we ~fer is: D Book D Periodical D DVD U Other (please specify): The Library will notify the following that this donation has been added to the Library's collection in memory of or honoring the above. In the space provided, please indicate the relationship between the honoree and the person(s) to be notified of the donation. DCD Relationship: Name(s) of Person(s) to be notified: Donation Policy October 2003 Page 6 of8 Address(es) of Person(s) to be notified: Donor(s) Information Name of donor(s): Address(es) of donor(s): Signature of Donor: Date: Received by: The original of this form goes to the donor and the Colleyville Public Library will retain a duplicate. ATTACHMENT B Donation Policy October 2003 Page 7 of8 city Of .(!J COLL~:~~LE PUBLlC~IBRARY Texas DUN.'" I Date: Name: Address: City: Telephone Numbers: Home: State: Zip Code: Work: The above named has donated books and/or other library materials to the Colleyville Public library. This form will serve as a receipt for purposes of income tax deduction. This donation is made with the understanding that such materials may be added to the library's collection if they meet the criteria of the collection development policy. Donated items will not be returned. Signature of donor: Signature of staff member: Number of items: Description of Items: The original of this form goes to the donor and the Colleyville Public library will retain a duplicate. ATTACHMENT C Donation Policy October 2003 Page 8 of8 CITY COUNCIL ccece AGENDA BRIEFING fl-:'\:nS , MEETING DATE: 04/06/04 CITY MANAGER i -=:J .A' i ITEM # : 4 DEPARTMENT HEAD i ~ ORDINANCE # : I 0-04-1455 FINANCE REVIEW i N.A. Previous Action: 03/16/04 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Zoning Change from AG to R20 on 41.8 acres located at 909 John McCain Road I Case Z-04-012 Second Reading and Public Hearing First Reading and Public Hearing Backqround Compass Realty is the potential developer of a 41.8-acre parcel of land located on the south side of John McCain Road, west of Shalimar Court. The applicant has submitted a request to change the zoning on the property from AG Agricultural to R20 Single Family Residential. The applicant is seeking a zoning change in order to develop the property as single family residences. The 41.8-acre tract of land has approximately 800 feet of frontage on John McCain Road. The tract is over 2,000 feet in depth, extending to the railroad right-of-way on its south boundary. The property generally slopes north and south from a high point in the front half of the property. There is an existing house and several barns and accessory buildings on the property. There is very little tree coverage. The applicant submitted a zoning exhibit showing how the property could be subdivided based on the proposed R20 zoning category. The exhibit shows two street entrances on John McCain Road and 71 single family lots. Several open space and detention areas are included in the layout. While this request does not include a preliminary plat or engineering design, staff has met with the applicant's engineer to discuss public improvement and drainage requirements for the subdivision. The surrounding property is generally developed as single family residences. The property to the north is zoned R20 and is developed as single family residences. The property to the east is zoned PUD-R and is developed as a single family residential subdivision (Shalimar). Properties to the west are zoned AG, and consist of the Pleasant Run soccer fields, the Crown of Life Lutheran Church, and several large acreage tracts with residences. The property south of the tract, across the railroad right-of-way, is zoned R40 and is developed as a single family residential subdivision (Jewel Estates). Agenda Briefing Ordinance 0-04-1455 Page 2 of 3 Impact Issues 1. Master Plan. The ColleyvilJe Master Plan designates the future use of this area for single family type land uses. This request is consistent with the goals and objectives of the Master Plan. Based on the zoning exhibit, the density of the proposed development is 1.69 dwelling units per acre. 2. Surrounding Properties. Most of the surrounding properties are developed as single- family residences, either within a subdivision or on acreage tracts. 3. Development Trends. The long-term trend for this area is for single-family development. The property in the area is suitable for that type of development. 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 taxable value of the parcel is $34,558. Most of the individual tracts that make up the property have Agricultural exemptions from Tarrant County. If the Agricultural exemptions were not in place, the appraised value would total $1.58 million. The estimated City property tax revenue for the undeveloped property is $120 annually. The future property tax revenue would depend upon the value the building improvements to the property. 6. 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-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the 71 proposed residences would add 679 vehicle trips per day to the surrounding roadways. 7. Public Notification. Staff mailed notices to 41 adjacent property owners regarding this request. A complimentary notice was sent to the Shalimar Homeowner's Association. 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 February 9, 2004 meeting. The Commission recommended approval by a unanimous vote. Recommendation Approval Agenda Briefing Ordinance 0-04-1455 Page 3 of 3 Attachments · Location and Zoning Map · Zoning Exhibit · List of Property Owners Notified · Ordinance 0-04-1455 Location and Zoning Map Location and Zoning Map Z-04-012 ~ q ::tJ ~ AG ^(. $"4&; :..;ttV!' ty, D.....~..../.(. '~."-~~>\/ , ..j /.;'" ./- \ . \../ / )0-- I \ f' !.... \ ./(} ~,'_~\ 1'-1- \ ; -----;----r---i'-- I / / ,/ / \-------_.) I I " \\ ~d/ ~'tx~/-- r;:,>- ~~ ~ .' .' J_ / ~~ ['' ~,- -- r-' /j .4 ~ Location and Zoning Map Z-04-012 S 3*M N ll..~ ~ ~ ~ t) S' I KlO~ 90'lor'll or uor I~j 0 -I!~'!'\] ...z,.....'..\....IOI\' 3 <.l bI) laO i~ ~ I ~ ~~ t:l. ~~ r=~ <( ~O<i!i ~l'l ~ 8~g~~~88 f ].g ~ ~~~i~ ~ ij <( .. ~ 5< ~ B bI) <.l !- .~~ ~ n -n .J ~ I; ~ ~~ u~ ~ ~~I,ii ~ 0 I ~ g ~ ill : " 5 e_ c a;.,., - - .::~~~ " - ....~"'c.. 1 " <.-..:o:zo.. " , a ~ . J:..o~o.._ 0 :jI:E -0 o. Z """.-_c -" ~~~~; _0 ::t:l<ai .c " iU:: - -< _.z OX " " ~i!! N_,-- ...c_ - '. 00...... ....... !~ 0 o . " Z ~~~ ;m~ 00 h~m~ ~~ ~ ~G~ -0. ~ l~iil ~I~ ~..~ ~ ~ U~ ~ -8 ~~ ,JU ~~~h ~ . ~~~ Of.l ~ OE!: Cd) ~ g.;i~ ~ 18~ Z-04-012 Stevenson, Barbara J 7109 Cedar Ct Colleyville TX 76034 Hamlin, Randy L 4524 South lake Pkwy # 302 Birmingham AI 35244 Hooper, Jeffrey L 7008 Shalimar Ct Colleyville TX 76034 Roberts, Duane R Etux Ann E 7004 Shalimar Ct Colleyville TX 76034 Adair, Thomas 0 901 John McCain Rd Colleyville TX 76034 Alholm, Roy L Etux Lydia M 6805 Pleasant Run Rd Colleyville TX 76034 Coon, Mark 6904 Shalimar Ct Colleyville TX 76034 Cleff, David Etux Lisa 6820 Shalimar Ct Colleyville TX 76034 Mike Dees Enterprises Inc, 4940 Lakewood Dr Colleyville TX 76034 Genco, Frank R Etux Natalie 1104 John McCain Rd Colleyville TX 76034 Johnson, Jeff Etux Michelle 7105 Waldon Ct Colleyville TX 76034 St Mary's Coptic Orthodox Ch, 1110 John McCain Rd Colleyville TX 76034 Rauchenberger, 0 E Etux Janet 7101 Waldon Ct Colleyville TX 76034 Walker, Terry Thomas 7109 Jo Will St Colleyville TX 76034 Huff, Linda 0 Brock 7108 Jo Will St Colleyville TX 76034 Centurion American Cust Hms, 5100 Thompson Ter Colleyville TX 76034 Tirk, Joe V 1009 John McCain Rd Colleyville TX 76034 Dean, William Daniel 7000 Shalimar Ct Colleyville TX 76034 McCune, Lee Ann Etvir Douglas 6916 Shalimar Ct Colleyville TX 76034 Poe, Jo A 7016 Shalimar Ct Colleyville TX 76034 Branson, Henry Dr Etux Sharon 7012 Shalimar Ct Colleyville TX 76034 Punjwani, Aftab Etux Shakila 6912 Shalimar Ct Colleyville TX 76034 McGowan, Gregory J Etux Margar 6908 Shalimar Ct Colleyville TX 76034 Stover, Timothy L Etux Jean C 6900 Shalimar Ct Colleyville TX 76034 Mihelich, Robert B Etux Cathy 6812 Shalimar Ct Colleyville TX 76034 Culbertson, William L 6816 Shalimar Ct Colleyville TX 76034 Rose, Cynthia R 6804 Shalimar Ct Colleyville TX 76034 Colleyville, City Of PO Box 185 Colleyville TX 76034 Owsen, John 0 Etux Sharon 6800 Shalimar Ct Colleyville TX 76034 Goodner, Richard Etux Rita 6608 Emerald Dr Colleyville TX 76034 Pavey, Scott Etux Mary 6606 Emerald Dr Colleyville TX 76034 Crown Of Life Lutheran Church 6605 Pleasant Run Rd Colleyville TX 76034 Birdsell, Frank Nance 6610 Emerald Dr Colleyville TX 76034 Bransford Park Land Trust, PO Box 185 Colleyville TX 76034 Fisher, Michael Etux Patricia 6604 Emerald Dr Colleyville TX 76034 Trammell, Harold Jr Etux Lucia 6600 Emerald Dr Colleyville TX 76034 Sabonis, James Etux Kay Kareck 6504 Emerald Dr Colleyville TX 76034 Sharp, James T Etux Carolyn 6602 Emerald Dr Colleyville TX 76034 Good Shepherd Catholic Ch, 800 W Loop 820 S Fort Worth TX 76108 Board Of St Marys Ch Dallas, PO Box 851553 Richardson TX 75085 ComDlimentarv CODY Shalimar HOA Georgina Nowlin, President PO Box 423 Colleyville TX 76034 Case Z-04-012. Notices dated February 6, 2004. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed zoning change or special use permit request are listed above. I certify that the parties listed above have been notified of the proposed zoning change or special use permit request as required by the Texas Local Government Code and the Colleyville Land Development Code. Clayton Husband AICP ORDINANCE 0-04-1455 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 41.89 ACRES OF LAND OUT OF THE H. HUGHES SURVEY, ABSTRACT 656, THE W. DUNN SURVEY, ABSTRACT 404, AND THE T. WHITE SURVEY, ABSTRACT 1692, FROM THE AG AGRICULTURAL DISTRICT TO THE R20 SINGLE FAMILY RESIDENTIAL 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 Goodwin and Marshall on January 30, 2004, under Case No. Z-04-012; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds attached as Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the R20 Single Family Residential district THAT any person, firm, or corporation violating any of the provisions of this ordinance 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. Ordinance 0-04-1455 Page 2 of 2 Sec. 4. 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. 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 2004. 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 t; Location and Zoning Map Z-04-012 EXHIBIT B - METES AND BOUNDS DESCRIPTION Being a tract of land out of the H. Hughes Survey, Abstract 656, the Wm. Dunn Survey, Abstract 404, and the T. White Survey, Abstract 1692, in the City of Colleyville, Tarrant County, Texas, and being those same tracts conveyed to Joe Tirk by deeds recorded in Volume 5105, Page 451; Volume 8834, Page 380; and Volume 8834, Page 393, Deed Records, Tarrant County, Texas, and all being described by metes and bounds as follows: BEGINNING at a found PK nail in the centerline of John McCain Road, said nail being 263.08 feet North 89 degrees 33 minutes 00 seconds East from the northeast corner of the Wm. Dunn Survey; THENCE South 00 degrees 51 minutes 28 seconds East, at 40.0 feet passing the northwest corner of Block B, Shalimar Addition to the City of Colleyville, Tarrant County, Texas, according to plat recorded in Cabinet A, Slide 3974, Plat Records, Tarrant County, Texas, and continuing with the West line of said Shalimar Addition in all, 1935.05 feet to a found %-inch iron pin in the north line of DART Railroad right-of-way as described in the deed recorded in Volume 10146, Page 640, Deed Records, Tarrant County, Texas, said iron pit-also lying in a curve to the left whose radius is 1965.08 feet and whose chord bears South 51 degrees 00 minutes 45 seconds West for a distance of 367.81 feet; THENCE Southwesterly, with said curve to the left and the north line of said DART right-of-way, 367.81 feet to a found %-inch iron pin at the end of said curve to the left; THENCE South 46 degrees 53 minutes 53 seconds West, continuing with said north line, 703.67 feet to a found % inch iron pin; THENCE North 00 degrees 27 minutes 20 seconds West, 936.57 feet to a found %-inch iron pin; THENCE North 00 degrees 43 minutes 17 seconds West; 1704.38 feet to a point in the centerline of John McCain Road; THENCE North 89 degrees 33 minutes 00 seconds East with the centerline of John McCain Road, 799.64 feet to the POINT OF BEGINNING and containing 41.8899 acres of land, which 0.7343 acre lies within John McCain Road, leaving a net acreage of 41 .1556 acres of land, more or less. CITY COUNCIL ccece AGENDA BRIEFING I("x<\$ MEETING DATE: I ITEM#: ORDINANCE #: i 04/06/04 5 0-04-1456 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: 03/16/04 DEPARTMENT: COMMUNITY DEVELOPMENT "\ SUBJECT: Approval of an amendment to Chapter 7 of the Land Development Code regarding political signs, Case G-04-006 Second Reading and Public Hearing First Reading and Public Hearing BackQround On September 1, 2003, a new State law became effective regarding political signs on private property. The new law, codified as Section 216.903 of the Local Government Code, states that a city ordinance may not, for a sign containing a primarily political message and located on private property: 1. prohibit the sign to be placed; 2. require a permit or approval of the municipality or impose a fee for the sign to be placed; 3. restrict the size of the sign; or 4. provide for a charge for the removal of a political sign that is greater than the charge for removal of other signs regulated by ordinance. The above requirements do not apply if the sign is greater than thirty-six (36) square feet in area, more than eight (8) feet in height, illuminated, or has moving elements. In reviewing Section 7-190 G of the Land Development Code, which provides regulations for political signs, it appears that the numbering and grammar of Section G could be confusing. As written, the regulations could be interpreted to be in conflict with State statutes. The attached ordinance would amend Section 7-190 G to renumber the paragraphs to eliminate this confusion. Recommendation Approval Attachments · Ordinance 0-04-1456 ORDINANCE 0-04-1456 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 7, SIGN REGULATIONS, OF THE LAND DEVELOPMENT CODE, AS AMENDED, REGARDING POLITICAL SIGNS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND AUTHORIZING PUBLICATION WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00- 1214 on April 18, 2000, to adopt the land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the land Development Code; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 7-190 G of Chapter 7, Sign Regulations, of the land Development Code, as amended, is hereby amended in its entirety to read as follows: G. Political Siems - A political sign shall be allowed in any zoning district. No political sign shall be attached to any utility, light, or traffic signal pole. A political sign shall not be illuminated. Political signs shall not be placed upon any public property, but may be placed on any private property or within the public right- of-way adjacent to private property with the approval of the adjacent property owner, subject to the following additional regulations. 1. Political Signs on Private Property - A political sign situated on private property shall not exceed thirty-six (36) square feet, nor exceed eight (8) feet in height. Political Sign (on private property) 2. Political Signs within a Public Right-of-Way - A political sign may be placed within the public right-of-way, provided no portion of the sign shall be closer than three (3) feet from the edge of the street pavement and further provided no Political Sign (Wlthlrl a ROW) part of the sign extends over any sidewalk. A political sign situated within a public right-of-way shall not exceed twelve (12) square feet in area nor exceed four (4) feet in height. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Ordinance 0-04-1456 Page 2 of 3 3' ~ ~~ L : Cum Street ~ a. A political sign shall not be erected within a public right-of- way more than thirty (30) days prior to the date of the official election and shall be removed within seven (7) days after said election. b. A political sign shall not be placed within a roadway median or block vehicular visibility. 3. No permit or fee shall be required for a political sign. THAT Ordinance 0-00-1214, the Land Development Code, as amended, shall remain in effect, except where amended by this ordinance. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. Ordinance 0-04-1456 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2004. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney CITY COUNCIL cae", AGENDA BRIEFING iC":o;~$ MEETING DATE: ITEM#: ORDINANCE # : 04/06/04 6 0-04-1457 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Special Use Permit for alcoholic beverage sales on 1.97 acres located in the 5400 block of State Highway 121, Case Z-04-014 First Reading and Public Hearing Backqround JR's Establishment is the owner of a 1.97-acre parcel located on the west side of SH121, north of La Hacienda Ranch. The owner has submitted a request for a Special Use Permit for alcohol sales for on-premise consumption. The owner proposes to construct an 8,800 square foot restaurant on the site. The restaurant would feature beef and seafood, a large bar area, and live music. The restaurant would be open only for dinner during the week, and open for lunch and dinner on weekends. A detailed description of the restaurant and associated economic development information is attached. The property in question is currently being used as a baseball field. There are several restaurants in this area of SH121, including La Hacienda Ranch, Railhead and Mac's Steak and Seafood. A Wings 'N More restaurant is proposed at the corner of Gateway Drive. West of the site is Colleyville Heritage High School. A single family residence is located immediately south of the property; however, the property is zoned for commercial use. Distance Requirements from Churches and Public Hospitals. The Colleyville City Code requires that places that serve alcoholic beverages be located at least 300 feet away from a church or public hospital. The distance is measured from front door to front door, along the street front property lines. The property satisfies this requirement. Distance Requirements from Schools. The Colleyville City Code and State alcohol laws require a 300-foot distance separation between public and private school property and property where alcoholic beverages are sold. The distance is measured property line to property line. The Colleyville Heritage High School property is located within 300 feet of this property. Due to City Code and State requirements regarding the distance requirement from public schools, the City cannot certify any alcoholic beverage licenses on the property unless the City Council grants a waiver of the distance requirement. The owner has requested a waiver of the requirement. The City Council will consider the waiver request on April 20, 2004, at the same meeting as the second public hearing on the Special Use Permit request. Agenda Briefing Ordinance 0-04-1457 Page 2 of 3 IMPACT ISSUES 1. Master Plan. The Colleyville Master Plan designates the future use of this area for retail and commercial land uses. This request is consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are developed as restaurants and a high school. All the properties in the area are zoned CC2 Shopping Center Commercial. 3. Development Trends. The long-term trend for this area is for commercial development. The property in the area is suitable for that type of development due to the property's location on SH121. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of- way. The developer is responsible for the construction of water and sewer services to the lot and for any water or sewer line extensions to adjacent properties. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the parcel is valued at $773,624. The estimated City property tax revenue for the undeveloped property is $2,687 annually. The future property tax revenue would depend upon the value the building improvements to the property. The applicant indicates that the construction value of the building will exceed $2.3 million. 6. 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. Quality restaurants are expected to generate 90 trips per 1,000 square feet of floor area on a weekday, on average. Based on this average, the proposed restaurant would add 792 vehicle trips per day to the surrounding roadways. Average rates on Saturday are 94 trips per 1,000 square feet of floor area. There are no available traffic counts for this area. 7. Economic Development. The sale of alcoholic beverages by local restaurants has a positive impact on economic development through the distribution of taxes on mixed beverage sales. There are currently 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 Historical Summary for Colleyville, available from the Texas Comptroller of Public Accounts, indicates that the following amounts of mixed beverage taxes were distributed to the City. In January 2004, $8,911 was distributed to the City. Agenda Briefing Ordinance 0-04-1457 Page 3 of 3 Mixed Beverage Allocation Historical Summary Year , Amount 2003 $33,120 2002 $29,599 2001 $26,909 2000 $20,204 8. Public Notification. Staff mailed notices to four (4) adjacent property owners regarding this request. Notice was also sent to the City of Grapevine. 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 March 8, 2004, meeting and recommended approval by a unanimous vote, subject to the following requirements: a. no signage shall be allowed on the outside of the building that advertises the sale of alcoholic beverages b. the hours of operation of the restaurant shall be from 4:00 p.m. to 2:00 a.m. Monday through Friday, and from 11 :00 a.m. to 2:00 a.m. on Saturday and Sunday. Recommendation Approval Attachments · Location and Zoning Map · Information from Applicant · List of Property Owners Notified · Development Review Committee memorandum · Ordinance 0-04-1457 W I- - CJ) (9 <( i I I .~ I \ . " J~~~~=2:l~_ IIJ?- .~ Jf=- =m=- - ~b-:L ~ --- ~~~~~ IIJ..j. ..-_.-1- I c.. 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'tI ~ I: 1-_ ''\~...;.. 8 ~ ~ !:I~ 5~~ NU " . , !R!~ I ~hi 1.~la i~,.~ i ;~hi ~ ]-. ~ ~ ~ s: "I !::. -- 0: " JR'S ESTABLISHMENT, LLC Zoning District Change Application Special Use Permit JR'S TEXAS PRIME 5400 State Highway 121 Colleyville, Texas 76034 Statement of Planning Objectives: JR'S TEXAS PRIME will be a unique dining and entertainment experience in the Mid- Cities area. That distinctive status will be achieved by offering a premier menu featuring the best prime-cut beef and fresh seafood available. The cuisine will be served in a plush and sophisticated ambiance. JR'S will also offer a large selection of fine wines from their extensive wine cellar. The dining experience at JR'S will be enhanced by a large active bar area offering a variety of entertainment features. JR'S will open at 4:00 pm Monday through Friday. While waiting for seating, dinner patrons will be entertained with jazz from the piano bar. JR's will also offer "happy hour" specials that include both food and entertainment. There will be live jazz music after 9:00 pm for late night dancing and relaxing or for after dinner entertainment. On Saturday and Sunday, JR'S will open at 11:00 am to offer a lunch/brunch menu. JR'S will also feature several high definition flat screen televisions in the bar area to attract the weekend sports enthusiasts. The ultimate goal for JR'S Texas Prime restaurant is to become a landmark dining destination. The blend of superb cuisine and excellent musical entertainment showcased in a signature architectural venue is destined to achieve that goal. Combining those assets with great highway visibility and flawless freeway access, JR'S will become a regional destination dining experience, not only in the Mid-Cities and the Metroplex, but for out-of-town visitors, as well. Development Schedule: Construction will begin on JR'S Texas Prime upon receipt of a Building Permit from the City ofColleyville. (late April-early May 2004) Site development and building construction will be completed in late November-2004. JR'S ESTABLISHMENT, LLC Zoning District Change Application Special Use Permit Proposed Ownership: JR'S Establishment, LLC 2004 Stonecourt Dr. Bedford, Texas 76021 Utility Provisions: Electric, Gas and Telephone utilities are currently available to the site. The applicant will construct approximately 500 linear feet of 8" sewer main to the site with one-4' diameter manhole. These utility improvements will be dedicated to the City of Colleyville. Water and Fire Protection will be available from the 8" water main on the east property boundary from the City of Grapevine. Economic Development Information: Sales Revenue Total Building Square Footage 8,816 sq. ft. Annual Revenue per Square Foot $ 453.00 Total Annual Estimated Sales Revenue* $ 4,000,000.00 *Estimated Sales Revenue Breakdown Annual Food and Beverage Sales Annual Liquor Sales $ 2,500,000.00 $ 1,500,000.00 Sales Tax Revenue @ 8.25% $ 330,000.00 Ad Valorum Taxes Building and Land Valuation Furniture Fixtures and Equipment Valuation $ 2,060,000.00 $ 260,000.00 Total Valuation $ 2,320,000.00 Tax Rate @ .3474 % per $ 100.00 of Valuation = $ 8,025.00 per Year March 1, 2004 City of Colleyville Planning and Zoning Department 100 Main Street Colleyville, Texas 76034 Attn: Clayton Husband, AICP Development Coordinator Re: JR'S TEXAS PRIME Z-04-O 14 SUP 4 Alcoholic Beverage Sales 5400 State Hwy 121 Colleyville, Texas 76034 Dear Mr. Husband: This letter is to request a waiver of the 300 foot distance requirement between public and private school property and property where alcoholic beverages are sold. This waiver is requested due to the nature of the business and the hours of operation. The revenue generated from the business of JR'S Texas Prime will be approximately two-thirds to three-quarters food related sales and one-third to one-quarter in alcoholic beverage sales. JR'S is primarily a food service establishment with alcoholic beverage sales as a complement to that business focus. JR'S Texas Prime will not be open for business during school hours. The hours of operation will be from 4:00 p.m. to 2:00 a.m. Monday through Friday. Weekend hours will be from 11 :00 a.m. to 2:00 a.m. There will be no exterior signage indicating the availability or sales of alcoholic beverages. There will also be no exterior signage referring to "bar" or "tavern" or any other similar name that would imply the sale of alcoholic beverages. Sincerely, Johnny Ragland dba JR'S Establishment, LLC u ! IIII C! :j I 'N v> Ii ~ - ~ 'I !< w .. I' i; !~ ~ ~U co 2 ., N --" ~ li~ ]-. I ;j: ~Ih I~ II , CO UJ.~ ~ I I I; I! ;- I ~!I II - - ~ ~ , ~. . ! ~:3 .g, . 11. ~ &EI ! 1111. 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Z-04-014 Grapevine Colleyville ISD 5401 Heritage Avenue Colleyville TX 76034 Dorcus D Newell 4612 Highway 121 Colleyville TX 76034 JNS Land Family Ltd Partnership 6407 Colleyville Boulevard Suite B Colleyville TX 76034 121 Comprades Ltd. 7148 Tokalon Drive Dallas TX 75214 City of Grapevine Planning and Zoning Commission 200 S Main St Grapevine TX 76051 Case Z-04-014. Notices dated February 17, 2004. According to the last published tax rolls, individuals who own property that is within 500 feet of the proposed zoning change or special use permit request are listed above. I certify that the parties listed above have been notified of the proposed zoning change or special use permit request as required by the Texas Local Government Code and the Colleyville Land Development Code. Clayton Husband AICP CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE February 26, 2004 JR's Establishment 817-684-9727 Titan Field Joint Venture FAX TO FAX NO ~ 817-571-6786 FROM Clayton Husband, AICP, Development Coordinator SUBJECT 2-04-014 SUP for Alcoholic Beverage Sales - 5400 State Highway 121 The Colleyville Development Review Committee (DRC) has reviewed your Special Use Permit request submitted to this office. The following comments are for your consideration. ZONING EXHIBIT DRAWING 1. No changes are required to the drawing. ALCOHOLIC BEVERAGE REGULATIONS 1. The Colleyville City Code and State alcohol laws provide for a 300 foot distance requirement between public and private school property and property where alcoholic beverages are sold. The distance is measured property line to property line. This property is adjacent to Colleyville Heritage High School. The City cannot certify any alcoholic beverage licenses on this property unless the City Council approves a waiver of the distance requirements. The applicant must submit a separate letter requesting this waiver, and the request will be placed on the City Council agenda for consideration at the same time as the special use permit. 2. Chapter 6 of the Colleyville City Code regulates alcoholic beverages in general. It is recommended that the applicant review this chapter, especially as it relates to business licenses and permits. A copy of these regulations is attached for your reference. 3. If the Council approves the special use permit and waiver of the distance requirement, the owner must still apply for an alcoholic beverage license from the Texas Alcoholic Beverage Commission. Questions about licensing procedures may be directed to the T ABC at 817-451- 9466. 100 Main Street - Co lIeyvi lie , Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-04-014 JR'S ESTABLISHMENT OTHER INFORMATION 1. At the time of building construction, water line extensions and fire hydrant installations will be required on the site. There may be other utility improvements necessary at that time. More information will be provided at the time of site plan and landscape plan review. 2. Approval of a site plan and landscape plan is required before a building permit can be issued for the site. The site plan review includes review of the site layout, landscape plan, all building elevations, and site civil construction plans. The initial review process takes approximately 14 days. The application fee is $500. Please contact the Community Development offices at 817-503-1050 for information on this process. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, March 8, 2004, 7:00 p.m. Tuesday, April 6 and April 20, 2004, 7:30 p.m. RESUBMITT AL REQUIREMENTS Please submit the following to our offices: · a letter requesting a waiver of the distance requirements from public schools Please contact me at 817-503-1054 or husbandc@Ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE20F2 ORDINANCE 0-04-1457 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR ALCOHOLIC BEVERAGE SALES FOR ON-PREMISE CONSUMPTION ON LOT 1, BLOCK 1, JR'S ESTABLISHMENT ADDITION; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION WHEREAS, an application for a zoning amendment was filed by JR's Establishment on February 16, 2004, requesting a Special Use Permit for alcoholic beverage sales for on-premise consumption under Case No. Z-04-014; 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 "An) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 1, Block 1, JR's Establishment Addition by authorizing the following: a. A Special Use Permit for Alcoholic Beverage Sales for on- premise consumption in conjunction with a restaurant use. b. There shall be no signage on the exterior of the building that indicates the sale of alcoholic beverages. c. The hours of operation of the restaurant shall be limited to the following: 4:00 p.m. to 2:00 a.m. Monday through Friday, and from 11 :00 a.m. to 2:00 a.m. on Saturday and Sunday. d. 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. Sec. 3. Sec. 4. Ordinance 0-04-1457 Page 2 of 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. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2004. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney Exhibit A SITE AG >rr y ~ j ! ' Z-04-014 Zoning Map CITY COUNCIL ci,ty Qf ccecs 1"l~;( ;;\$ AGENDA BRIEFING MEETING DATE: i ITEM#: I ORDINANCE #: i 04/06/04 7 0-04-1458 CITY MANAGER DEPARTMENT HEAD ! FINANCE REVIEW i N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a Zoning Change from CC2 to PUD-C on 15.10 acres located at the southwest corner of Colleyville Boulevard and John McCain Road, Case Z-04-011 First Reading and Public Hearing Backoround Pecan Creek Village Center Partners LLC is the owner and developer of 15.10 acres located at the southwest corner of Colleyville Boulevard and John McCain Road. The owner has submitted a request to change the zoning on the property from CC2 Shopping Center Commercial to PUD-C Planned Unit Development Commercial. The property is proposed to be developed as a retail center. The proposed development is a mixed-use facility for restaurant, retail, office and commercial uses. The owner proposes to construct approximately 40,000 square feet of building area for neighborhood retail and office uses in the rear portion of the property. Along the frontage on Colleyville Boulevard, three pad sites are proposed for retail and restaurant users. Near the corner with John McCain Road, a pad site is proposed that would include a Shell convenience store with gasoline sales, and a Great American retail store and automotive service facility. The buildings would be constructed of natural stone and brick. In addition to integrated parking and landscaped areas, a tree preservation area is proposed along Pecan Creek at the rear of the property. Additional information from the applicant is attached. City staff has been working with the applicant on this development proposal for over a year. The applicant is requesting a planned unit development in order to coordinate development on the entire site. Several of the proposed uses could be considered separately with special use permits; however, the planned unit development district provides a more comprehensive regulatory tool that establishes requirements for the entire development rather than specific sites. The PUD-C district also allows the Planning and Zoning Commission and City Council to adopt specific requirements for this property that may include special conditions to minimize or enhance the effect of the development on adjacent properties. The surrounding property is commercial in nature. Properties to the north are zoned ML and are developed as industrial type land use. These properties are located on John McCain Road adjacent to the railroad right-of-way. Property to the east and south is zoned CC2 and is presently undeveloped. The properties to the east, across Colleyville Boulevard, are zoned CC1 and AG, and are mostly undeveloped with the exception of two single family residences. Agenda Briefing Ordinance 0-04-1458 Page 2 of 4 The Master Plan indicates that properties along Colleyville Boulevard are anticipated to be developed for commercial uses in the future. Below is a summary of the major items associated with this zoning change application. Land Uses. The proposed ordinance includes a list of land uses that would be allowed by right within the development, as well as land uses that would be prohibited within the development. Alcoholic Beverage Sales. The proposed 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 allowed for grocery stores, convenience stores, specialty wine shops and gourmet food stores. Landscaping. The proposed layout appears to meet the general requirements of the landscaping regulations. A detailed analysis of these requirements will be made at the time site plans and building permits are submitted for review. The property provides a 20-foot landscape buffer area adjacent to Colleyville Boulevard. Tree Preservation. The Planning and Zoning Commission approved a tree mitigation plan for this property on September 8, 2003. This property is subject to this plan, and the ordinance refers to that requirement. Drive Entrances. The proposed plan shows three drive entrances on Colleyville Boulevard. The applicant has had discussions with TXDOT regarding the number and location of the entrances. There is one drive entrance shown on John McCain Road. This entrance lines up with a future median break on John McCain Road, and TXDOT will construct a portion of the drive approach as part of the road construction project. The drive approach on John McCain Road was approved as a condition of the right-of-way for the new portion of the roadway. Phasing of On-Site Infrastructure. The developer indicated that all driving areas, fire lanes and drive entrances will be constructed as part of the first phase of the project. Individual parking lot areas would be constructed at the time the adjacent buildings are constructed. Preliminary Drainage Analysis. The developer's engineer provided a drainage exhibit showing the existing creek location and how the detention ponds will flow into the creek. The existing creek is located adjacent to the railroad right-of-way, and crosses under the new portion of John McCain Road through several box culverts. The creek eventually connects to Big Bear Creek. Additional information is included in the attached letter and drainage exhibit. Building Design. The proposed ordinance requires that buildings meet the design standards of the CC1 Village Retail zoning district. In addition, requirements are included to provide for stone or masonry columns and a pitched or mansard roof on the gasoline canopy. Agenda Briefing Ordinance 0-04-1458 Page 3 of 4 Impact Issues 1. Master Plan. The Colleyville Master Plan designates the future use of this area for commercial and retail type land uses. This request is consistent with the goals and objectives of the Master Plan. The Master Plan designates all the property on Colleyville Boulevard in this area as commercial and retail property. 2. Surrounding Properties. Most of the surrounding properties are undeveloped, but planned for commercial use. The property along the south side of John McCain Road is developed as industrial uses. Property south of the site, at the intersection with Tennison Parkway, is developed as offices. 3. Development Trends. The long-term trend for this area is commercial and retail development. Property in the area is generally suitable for that type of development. 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 estimated property value is $1,315,512. The estimated City property tax revenue for the undeveloped property is $4,570 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, which is included with the attached information. The project contains approximately 58,000 square feet of neighborhood retail, restaurant and office space. The estimated annual sales for the overall project are $28,270,000, which includes restaurant, retail, and other uses. When completed, the estimated sales tax revenue for the City from this development is $371,080 per year. 7. Public Notification. Staff mailed notices to five adjacent property owners regarding this request. A complimentary notice was sent to the Timarron homeowner's association. 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. Summary The site in question is the northern gateway into Colleyville. The Colleyville Master Plan recommends that retail and commercial development occur at this location. 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. The proposed development satisfies these goals. Agenda Briefing Ordinance 0-04-1458 Page 4 of 4 The proposed development of the property could have a positive impact on the future commercial growth of the city in this area, and will provide an area for goods and services for residents of the area. The Planning and Zoning Commission conducted public hearings and considered this request at the February 9, 2004, and March 8, 2004, meetings and recommended approval by a unanimous vote. The Commission discussed the possibility of providing for a maximum percentage of office space within the development but made no formal recommendation on the issue. Recommendation Approval Attachments · Location and Zoning Map · Zoning Exhibit · Information and Drawings from the Applicant · List of Property Owners Notified · Ordinance 0-04-1458 Location Map Case # Z-04-010 - Zoning Change from CC2 to PUD-C ~ ~ ! rJl U 5: "- '" . '" " - ~ , , ~ I ~ i I o u I I II I I I I I ! \ r d \ '\ I ~I ',\ \ ~-".-.'-_._."'------'-:_'---'-._---' ill ~ ~ ~ ~ ~ ~ e ~ II till : ..!! . ~ I :z; .ll: f j III ~ "'all ~"r.!l OJ u~ l:: ~ 9 ~ i ~ lli'o: ... ~~i =-~g :i1~,.. ;~~~ ~ ~~w~ .... WgCll/l ~.~~ >~~t;. e3~ ~~~ ~~~ ~ 0 Pecan Creek Village Center Request for PUD-C Zoning City of Colleyville, Texas Purpose and Intent: This request is for Planned Unit Development - Commercial zoning (PUD-C) for commercial and retail uses on a 15.1 Q-acre tract of land, located at the southwest corner of Colleyville Boulevard (S.H. 26) and John McCain Road. Pecan Creek Village Center is proposed to be an upscale, urban retail center providing neighbors with convenient access to needed goods and services. A professional development team dedicated to building a superior 'Gateway' project for the Colleyville community brings this project before the Commission. While the existing zoning is currently "CC2-Shopping Center" and allows for retail uses, the development proposes a Convenience Store with gasoline sales and a Tire and Auto Service Center with service bays, which requires a Special Use Permit (SUP). The PUD-C proposes to incorporate the requirements of a Special Use Permit with specific development guidelines for the overall retail center. There are quite a few potential reasonable uses that would need a SUP that could be included into the PUD-C such as Kindergarten and other schools, vocational schools, 2nd hand stores, day care and others. The resulting zoning district will allow for a more creative and efficient development and provide the City and the neighbors with the assurances of quality development and services. We are proposing three outparcels in addition to the Shell/Great American on Lot 1. These pads are in integral piece in the Village Center and will attract high quality and credit tenants that will become long-term, committed members of the community. This being said, these pads should be fairly unrestricted in use to offer and encourage a broad range of potential tenants, including those with drive-thru offerings. Despite the fact that there are no direct abutting neighbors, our development team met with three closest HOA's and neighbors to discuss the overall viability of the project. The collective results of those meetings were that they appreciated us getting them involved and soliciting for their ideas and thoughts. Generally, they indicated that they would welcome closer gas and convenience retail uses and that they felt good about us bringing the project to Colleyville and not one of the neighboring cities. Additionally, they felt that this parcel of land has been vacant for a very long time and that this would be the type of neighborhood center that would be appropriate. The architecture of the center proposes to promote and maintain the character of the City of Colleyville and of the newer commercial centers in the immediate area. Low rise, warm retail!office buildings will offer storefront windows with strong horizontal and vertical components. Buildings proposed for the center will consist largely of natural stone and brick construction in warm colors and complementary tones. Public access to open spaces and landscaped areas will be provided and maintained throughout the development. The initiation of the tree replacement program and the establishment of new landscaped medians and entries will cover the retail center in natural vegetation, colors and textures. Perpetual maintenance of all common areas, including the tree preserve, will be the responsibility of the property owners association, which will be established in conjunction with timing of the public hearings and working with Staff. The Concept Plan, as proposed, provides a general layout of the lots and built improvements for the retail center. While the lot sizes and building configurations may alter slightly prior to actual development, this plan will be used as a tool and a guide for the future development of the property. Once approved, the PUD and Concept Plan will be used by the city to insure that all final development plans will maintain the same character and integrity of the approved zoning. land Uses I Areas: The property consists of approximately 15.10 acres of land, which will be subdivided into separate lots. The base zoning for the PUD-C is proposed as CC2, as provided in the City of Colleyville Zoning Ordinance. All conditions and requirements of the CC2 district, the approved PUD-C and the approved Concept Plan shall be followed and maintained throughout the development of the property. General land uses and proposed land areas are proposed as follows: Lot 1 Convenience Store with Gasoline Sales and Tire Sales and Service Retail! Commercial Pad Site Retail! Commercial Pad Site Retail! Commercial Pad Site Retail! Commercial Site Approximate Total Area Apx. 1.91 Acres Apx. 1.19 Acres Apx. .94 Acres Apx. 1.19 Acres Apx. 9.87 Acres Apx. 15.1 Acres Lot 2 Lot 3 Lot 4 Lot 5 Open Space is included within the proposed development in the form of landscaped parkways and medians. Great care was taken to protect and enhance the existing creek that has heavy vegetation and grass covered storm water detention areas will be incorporated into the plan. A village circle, or rotary is planned and will add a unique feature to the center of the project and a permanent tree preserve along the creek will assure the city and the public that the creek and trees will remain in their natural condition from this point forward. The development team worked diligently with Staff (Clayton Husband & Barry LeBaron) to create a tree mitigation plan that subsequently was approved by the P&Z Commission. This open space will be guaranteed by restrictive covenants describing the conditions, restrictions and maintenance to be filed with the Final Plat and approved by the City. Development Controls: Covenants, Conditions and Restrictions will be established for all improvements proposed within the development. Consistency in building architecture, landscape design, lighting and signage will be required and controlled by the developer, as well as, future owners. Anticipated Tenants and Uses: Lot 1 will encompass a Shell Convenience Store, fueling facility and carwash, as well as, a Great American One Stop Auto Care. This facility is called a MFC, Multi- Facility Concept, which is a new breed of automotive center, offering customers a complete menu of automotive services in one, convenient location devised to meet today's very mobile consumer demand - including fuel, an automatic car wash, a one-stop auto care retailer that provides tires, an automotive lubrication center, expert light automotive services, and a convenience store - all in one location. This facility is modern and different, which offers a new level of service and convenience, complete with upscale amenities to meet today's consumer driving needs. A company that specializes in upscale tenants with new and innovative designs designed the interior of the Great American. They have a very long list of satisfied clients such as Starbucks, Seattle's Best, Sears, Radio Shack, Home Depot and many more. The MFC is not only modern in design but in operation too. All employees are uniformed, professional in character and driven by quality customer service. The tires are encased in pullout drawers; the customer waiting area is plush with leather couches, complimentary refreshments, TV, Internet hookups and even game-boys to help children pass the time. There is no outside storage and all work done on vehicles is handled inside the service bays. It is a very consumer friendly environment where all services are menu-driven and prices are posted. Shell and Great American are examples of the top-shelf, quality oriented and long- term commitment tenants that can be expected to reside in our neighborhood center. Both tenants are making a long-term operating commitment to the center and the local community and will add value by taking part in local promotions that benefit charities and other benevolent organizations. Lots 2, 3 & 4 are expected to attract quality, national and/or local retailers to provide much-needed services to the local Colleyville community, as well as, drive-by consumers. Lot 5 will hold two separate buildings, which will house neighborhood retail and office tenants. It is anticipated that these tenants will be some of the uses that are typically seen in these upscale and modern locations. The selection of tenants should be a balanced mix of everyday retailers and providers to enhance the quality and convenience of consumers. City Sales Tax Benefits: Preliminary estimates show the potential for approximately 58,000 square feet of leaseable retail and commercial development on the Pecan Creek Village Center project. With this mix of tenants, it is expected that the City of Colleyville will benefit from the intake of sales tax as seen in the following chart: ANNUAL GROSS TAXABLE TAXABLE BUILDING SALES % SALES City Total Restaurant (lnline) (1) $1,500,000 100% $1,500,000 $30,000 Retail (lnline) (1) (2) $6,000,000 100% $6,000,000 $120,000 Full Service Restaurant (Pad) (3) $2,500,000 100% $2,500,000 $50,000 Fast Food Restaurant (Pad) (4) $1,250,000 100% $1,250,000 $25,000 Retail Commercial (Pad) (5) $5,000,000 100% $5,000,000 $100,000 Great American One Stop Auto Care (6) $1,800,000 70% $1,260,000 $25,200 Shell Facility (7) $5,220,000 20% $1,044,000 $20,880 TOTALS $28,270,000 $23,554,000 $371,080 (1) Apx. 8,500 sf Inline Restaurant (2) Est. 14 tenants @ 2.50 sf (3) Sit-down style apx. 5,660 sf (4) Apx. 3,500 sf wI drive-thru (5) Apx. 51,836 sf (6) Apx. 6,098 sf (7) Apx. 2,107 sf * Assumes 2.0% Sales Tax to City Estimated Development Schedule It is the intent of the ownership of the Pecan Creek Village Center to begin construction on the Village Center as soon as permits are obtained. Meetings were attended with TXDOT to agree on points of access from Highway 26 and are shown on the plan. Additionally, a lot of work was done with the seller of the property and current neighbor so that shared access could be agreed upon. This shared access in located at the far southwestern side of our property on Highway 26. At this time, we are expecting to begin site work around mid-May 2004, which would include grading, installation of utilities, internal roadways, detention and perimeter landscaping. Construction on Lot 1, Shell/Great American would commence close to that same time, or as soon as grading and utility installation will allow. The Lot 5 Retail/Commercial/Office will begin construction as soon as pre-leasing allows with the construction lender. This is expected to happen around near the beginning of the 4th quarter 2004. Lots 2,3 &4 will be delivered as 'finished pads' and will be ready for development around mid-late July 2004. This is a fairly aggressive schedule, but it is the intent of the Village Center ownership to develop and build-out the center in a very quick timeframe. ^ ^ ^ March 3, 2004 City of Colleyville, TX Community Development Dept. Artn: Clayton Husband 100 Main St. Colleyville, TX 76034 Re: Pecan Creek Village Center - PUD-C Dear Clayton, As requested, following please find the Use List for the Pecan Creek Village Center PUD, information related to the proposed architecture for the Center, and information related to the proposed drainage scheme for the Center. PUD-C Permitted Uses 1. Automotive Repair and Service wlo Outside Storage, including Lube Services 2. Convenience Store wlo Gasoline Sales 3. Convenience Store wi Gasoline Sales and Car Wash 4. Supermarket/Grocery 5. Bakery 6. Meat and Fish Market 7. Cafe, Cafeteria, & Restaurant, including on-premises consumption of alcohol 8. Restaurant with Drive-In or Drive-Thru Service 9. General Retail Sales, including Second Hands Goods Shops 10. Pharmacy, including drive-thrus II. Drug Store 12. Retail Plumbing, Electrical, & Hardware wlo Outside Display 13. Hardware wi Outside Display 14. Book and Stationary Shop 15. Jewelry, Camera, Music - Sales and/or Repair 16. Florist Shop 17. Furniture Store 18. Pet Shop 19. Gasoline Service Station 20. Building Materials wlo Outside Storage 21. Building Materials wi Outside Storage ^ ^ T ^ 22. Barber, Beauty Salons, Day Spas 23. Dry Cleaners (on-site dry cleaning, as well as pick up station) wi or wlo drive-thru 24. Apparel Alterations 25. Health and Fitness Studios 26. Music & Dance Studios 27. Veterinarian Office wi kennels (including outdoor dog runs) 28. Interior Decorator Shop 29. Food Catering 30. Medical & Veterinary Clinics 31. Medical Office wlo Clinic 32. General Office 33. Banks, Financial Institutions, including drive-thrus 34. Day CarelDay Nursery, wi drive-thru pick-up and drop-off 35. Community Buildings 36. Business and Professional Schools 37. Indoor Amusement 38. Train Passenger Terminals 39. Governmental Buildings and Parks Uses Permitted Under eCI being Excluded from PUD-C I. Self-Service Laundromat - Special Use Permit 2. Funeral Home/Mortuary - Special Use Permit 3. Bus Passenger Terminals 4. Automobile Parking Lots & Garages 5. Cemeteries & Mausoleums - Special Use Permit 6. Kindergarten, Primary, and Secondary School- Special Use Permit 7. Junior and Senior Colleges and Universities - Special Use Permit 8. Vocational, Technical and Trade Schools - Special Use Permit 9. Outdoor Amusement- Special Use Permit .-.\\>\\~\ \\'" ' .,\\\\\,\:,''='' ^ ^ u ^ Architectural Elements ~ Integrated Architecture with Spanish Elements ~ Highly Developed Site Plan Including Landscaped Traffic Circle and Interior Drives ~ Landscaped Canopies and Potted Plants ~ Storefront Windows with Strong Horizontal and Vertical Components ~ Materials will Consist of Natural Stone, Brick and Timber Construction in Warm Colors and Complementary Tones ~ Outdoor Seating Area ~ Public Access to Open Spaces and Landscaped Areas ~ Tree Preserve Area Along Creek )0> Coordinated Parking and Pedestrian Lighting Limited to Site Site Drainage )0> Site Drainage Flows to Detention Ponds Located at Northernmost Property Boundaries )0> Detention Ponds Designed to Temporarily Store Up to 4 Feet of Water During Rain Events )0> Detention Ponds Graded Towards Outfall Structures to Prevent Standing Water ~ Site Drainage Designed to Flow to Detention Ponds Prior to Outfalling into Existing Creek ~ A Drainage Exhibit has Been Attached Showing the Proposed Drainage Flows If you would like to discuss any ofthis information, please feel free to give me a call. Thanks for your assistance and patience on the finalizing of this information. Regards, Eric Helwig ServiceStar Development Company LLC (t) 720-529-2860 ehelwig@servicestarusa.net $1-.: "(j t"" ~~ .cS ~ ~Zr ( .J <:: -..;, (S () ~ ~ ~ o '" ~ ~ ~ u :E "- " . '" " !~ . . -I III ..; llII " < ~ :: ~:> ~ ~ ~ .0 ~~f~u '" VO .~:.z tile 41 <( :).. o $.. 0 VII- ~ U~g~~ '< .-l...J-' ~ ll: J:: ~ o e 8 III 0.. E:L lIIi.. 1110- ~~: ~~~ :Q ~~i Q:.JO w"'"" ~5~ ~ ~~ ~;~: ~ ~ ~jur;t w J, .. ~~~~~ ~ ~~~~ ..~ >z~t. ~;; ~ g ~ a:: 01 '" w ~~ ~ ~~ i i:2.~ 8~ : .~z 1Il.J~ ~~ ., ;; . ~w o~ ~ ~ ~ i ~~ ~! ~" ~~ ,,~ <: o ;:: (J UJ Vl '" UJ Q:: '" UJ ~ '" <: <( Q:: a ~r c @ l~1 s ^ GREAT AMERICAN/SHELL KEY FACTS The Concept: The GreatAmerican/Shell Multi-Facility Concept is a new breed of automotive center, offering customers a complete menu of automotive services in one, convenient location devised to meet today's very mobile consumer demand including fuel, an automatic car wash, a tire retailer, an automotive lubrication center, expert light automotive services, and a convenience store - all in one location amenities Informative musIc and ali the moves away from ttle greasy repair shop and convenience complete with upscale read with stated bottled water, Great American/Shell offers The Originality: Great American/Sheil This stores in Palm Beach, Dallas, Creat American/Shell is to fair organization committed and services and at a a comfortable and attractive retail in which are located. ServiceStar Development: The Great American/Shell Multi-Facility is exclusively developed by ServiceStar Development Company LLC, a Colorado based development company. that prOVides sole to the Multi-Facility Concept partners, including site Identification-acquisition, site design, entitlement processing, project construction, and property management services Corporate Profile: GreatAmerican LLC and ServiceStar Development Company LLC are privately held companies with headquarters in Greenwood Village, Colorado, Shell Oil Products US is a leader in the marketing of fuels, lubricants, coolants, services and solutions to consumers across the United States and is based in Houston, Texas c @ ',,' - ~ ~r C"' I <~ ~ - c.~ t. JncepC ,;.;'!J I-I :;:~j';3;;\;;;:?;"\;: GREAT AMERICAN ^ GREAT AMERICAN/SHELL ATTRIBUTES AND BENEFITS A Needed Service The Great American/Shell Multi-Facility Concept store offers everything consumers need for their automobile - including fuel, an automatic car wash, a tire retailer, automotive lubrication center and expert light automotive services, as well as a convenience store - all in one convenient neighborhood location Sianificant Sales Tax The Great American/Shell Multi-Facility Concept is an excellent sales tax generator for communities In which stores are located delivering more than twice the annual revenue of a typical fast-food retailer by generating, in a typical 1.5 percent sales tax setting, over $82,500 per year to support state and local governmental programs. salaries, and services Minimal Neaative Impact The Great American/Shell Multi-Facility Concept blends easily into local neighborhoods. We work proactively to alleviate any potenlial neighbor issues regarding lighting, noise impact, traffic, signage, trash. and exterior displays. We are conscientious of these perceived factors and have developed a design criterion that incorporates recessed lighting state-of-the-art soundproof mechanical equipment, landscaping and a c1osed-service-bay-door operation policy to minimize our impact on reSidents Great American/Shell takes additional steps to create a pleasant retail environment We execute ultra-qUiet operational tactics that include a ban on deliveries and trash pick-up during evening and morning hours, strict as they relate to loitering, and over-night vehicle parking. Environmentallv Sound We readily adhere to the strictest state and federal environmental guidelines because we want to operate safely and without a negative effect on local environments. We require our personnel to follow established guidelines that ensure our operations are well maintained and that the GreatAmerican/ Shell facilities are kept clean. A Good Neiahbor We have a proven track record of success with local community groups, governments and homeowners' associations We are committed to addressing the tough issues in an honest and forthright fashion. In fact, we put our commitments in writing so our neighbors know they can take us to task if we do not keep our promises. c @ l!llrl GREAT AMERICAN ^ GREAT AMERICAN/SHELL FREQUENTLY ASKED QUESTIONS AND ANSWERS What is the Great American/Shell Multi-Facility Concept? The GreatAmerican/Shel1 Multi-Facility Concept brings together in one place everything customers need to care for their cars -- including fuel, an automatic car wash a tire automotive lubrication center and automotive services. as well as store GreatArnerican/Shel1 provides these services that meets for a pleasant comfortable and high- How is it different from other gas stations/auto repair shops? Great American/Shell IS ne\v breed of automotive center - no other business in this in tlle rnanner under a campus that blends Once inside, customers Seattle-based deSign firm retailers as The Home certified techniCians comfortable sofa and women new outSide the store used tires stacked up machines benefits communities GreatAmericanl 9 million welcomed sales tax, Great need created the departure of owner-operated service stations, with over fifteen (1 years. Won't Great American/Shell generate a lot of noise? In every way, Great American/Shell strives make itself welcomed We understand how important it is make the residential serene, so we enforce a strict ban on deliveries and trash pickups from 10 p.m. to 6 a.m. the we state-of-the-art soundproof mechanical equipment and we have installed sound--abating service bay doors that are closed during hours of operation to ensure nOise reduction Our automatic car wash operates behind closed doors as well. e @ ., Mu'tl-FclCl,jty Concept ,} '!!:I GREAT AMERICAN GREAT AMERICAN/SHELL FREQUENTLY QUESTIONS AND ANSWERS (page 2) conduct a to verify at a lower deCibel than what is that decibel levels are at and With minimal can be but as a service establishment. tend to considerably less sales tax for communities than business like Great more importantly, neighborhoods benefit from a range of conveniently located retail services including everything from banks, restaurants and traditional retail shops to a full-service automotive center. An excellent neighbor, GreatAmerican/Shel1 is a valuable addition to a community's retail mix How do we know you do what you sav vou'lI do? GreatAmerican/Shel1 has a proven track record for delivering on our commitments we make to the neighborhood. Community leaders, homeowners and developers in anyone of the nine (9) states in which we already do business know we are willing to put whatever is necessary in writmg. We listen, respond and come to an agreement with local residents about their concerns and what we can do to mitigate them. e ~ I!!:I GREAT AMERICAN GREAT AMERICAN/SHELL FREQUENTLY ASKED QUESTIONSANDANSWERS (page 3) How can we be sure tour operators will live up to the letter of your agreements? owns and own we are not franchised. We have put in place standards that demand consistent We audit our appearance in ourselves the well to ensure our in the "" 'J' F r- 'I _, - - ~= -:. I,-o~cep: ~) J/~ 1!!!:1 GREAT AMERICAN c @ GREAT AMERICAN/SHELL TESTIMONIALS "Great American/Shell is a first-class operation all the way through. It's unlike any other auto service center or tire retailer around. The entire property is so clean and the buildings are so attractive - it is developed so that it is two notches above any of the closest competition" - Bruce Wasko, President, Amcap Properties, Inc., Denver, CO "Great American/Shell listened to community concerns and kept the promises they made to residents. It was a pleasure to work with such a responsive group.' - Scott K. York, Chairman, Loudoun County (VA) Board of Supervisors "Mark DeRose and his team were great to work with. They brought a quality project and much-needed services to an underserved area of the town, and Gilbert is benefiting from the healthy sales tax revenues, as well On a personal level. I had a pOSitive experience as a customer at Great American. I needed a tire repaired and I found the service to be excellent and the waiting area comfortable and convenient" - Doreen Cott, Business Development Specialist, Town of Gilbert, AZ "Mark DeRose and his team of delivered did a terrific They really stepped up to the plate and - Rick Solomon, Principal Planner, City of Aurora, CO "Wed like to do other deals with them. We see this retail center as an amenity, a benefit to the community. It helps to sell houses." - Gary Aalen, President, U.S. Home Company (as quoted in the February 2003 issue of Shopping Centers Today magazine) "Great American not only convinced us they could present it in a way that would be appealing aesthetically and promote cross shopping, they actually committed to it in a binding document that specified certain restrictions: no cars overnight in the lot, etc." - Mark Toro, a partner at Cincinnati-based North American Properties (as quoted in the February 2003 issue of Shopping Centers Today magazine) ORDINANCE 0-04-1458 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 15.10 ACRES OUT OF THE ABSALOM J, LOTT SURVEY, ABSTRACT 963, FROM THE CC2 SHOPPING CENTER COMMERCIAL DISTRICT 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 Pecan Creek Village Center Partners LLC, on January 19, 2004, under Case No. Z-04-011; 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 by metes and bounds as shown on the attached Exhibit "B", by changing the zoning of said property from the CC2 Shopping Center Commercial district 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 retail, commercial and office land uses. Ordinance 0-04-1458 Page 2 of 6 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED AND PROHIBITED LAND USES a. The following land uses shall be permitted within this Planned Unit Development. (1) One (1) convenience store with gasoline sales and car wash One (1) automobile repair and service facility without outside storage Convenience store without gasoline sales Restaurants with drive-in or drive-through service Supermarket or grocery store Bakery Meat and fish market Cafe, cafeteria and restaurants General retail sales (2) (3) (4) (5) (6) (7) (8) (9) (10) (11 ) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) Pharmacy and drug stores Retail plumbing, electrical and hardware stores Bookstore or stationery shop Jewelry, camera or music store Florist shop Furniture store Pet shop Gasoline service station Building material sales without outside storage Barber shop, beauty shop, salons and day spas Dry cleaners Alterations shop Health and fitness studios Music and dance studios Interior decorator shop Caterer Medical and physician offices Ordinance 0-04-1458 Page 3 of 6 (27) Veterinary clinics without outside kennels (28) General offices (29) Banks and financial institutions (30) Day care center and day nurseries (31) Community buildings (32) Business and professional schools (33) Train passenger terminals (34) Government buildings and parks b. The following land uses shall be prohibited within this Planned Unit Development. (1) Self-service laundromats (2) Funeral homes or mortuaries (3) Bus passenger terminals (4) Cemeteries and mausoleums (5) Kindergarten, primary or secondary private schools (6) Junior and senior colleges and universities (7) Vocational, technical and trade schools (8) Indoor and outdoor amusements 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 grocery store, convenience store, specialty wine shop or gourmet food store is hereby authorized. 3. CONCEPTUAL SITE PLANS AND PLATTING a. The arrangement, location, and footprint of buildings within the PUD-C may differ from that shown on the attached Exhibit "C" and Exhibit "D" and will be determined at time of site plan and landscape 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 Ordinance 0-04-1458 Page 4 of 6 property in accordance with the procedures and requirements of the Colleyville Land Development Code. 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 (5) Maximum Lot Coverage (building) None 40 feet 15 feet 15 feet 60 percent b. The buildings 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. The landscaped area may be utilized for storm water detention purposes. c. This property shall be subject to the tree mitigation plan approved by the Planning and Zoning Commission on September 8, 2003. 6. LIGHTING a. The height of a light standard located on the property shall not exceed twenty-five (25) feet in overall height. 7. SIDEWALKS AND TRAILS a. The developer shall construct a 5-foot wide sidewalk adjacent to John McCain Road, unless funds are escrowed with the City for future construction of the sidewalk. The sidewalk shall be constructed at the time building improvements are constructed on the property. b. The developer of each lot shall construct a 5-foot wide sidewalk adjacent to Colleyville Boulevard, unless funds are escrowed with the City for future construction of the sidewalk. The sidewalk shall be constructed at the time building improvements are constructed on the property. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-04-1458 Page 5 of 6 8. GENERAL DEVELOPMENT CRITERIA a. The architectural design score for all commercial buildings shall be a minimum of 30 points, as described in Chapter 6 of the Land Development Code. b. The exposed exterior walls of each building must be constructed of 75% masonry material. Window and door openings shall not be included in the calculation of the area of the wall. c. The columns of the gasoline canopy shall be constructed of masonry or stone material. The canopy shall provide a pitched or mansard roof. d. Structures for automobile service uses shall be oriented in such a manner that the bay doors or garage doors do not face Colleyville Boulevard. The walls containing bay or garage door openings shall be within fifteen degrees (150) of perpendicular to the right-of-way line of Colleyville Boulevard. e. The servicing of vehicles outside of a building shall be prohibited. f. The storage of materials in parking and landscaped areas, including landscaped islands, shall be prohibited. All outside storage shall be located so as not to be visible from Colleyville Boulevard. 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. Ordinance 0-04-1458 Page 6 of 6 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. 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 Zoning Map - Z04011 EXHIBIT B - METES AND BOUNDS DESCRIPTION All that certain 15.10 acres of land, out of the 27.440 acre tract described in the deed from Highway 26 McCain Joint Venture to Hastings Cove, Ltd., recorded under Volume 13510, Page 204, in the Deed Records of Tarrant County, Texas, in the Absalom J. Loti Survey, A-963, City of Colleyville, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: (All bearings based on record bearings of said 27.440 acre tract) COMMENCING at a P.K. Nail found for the northeast corner of said 27.440 acre tract, in the northwest right-of-way line of Colleyville Boulevard (State Highway 26 -100 foot wide right-of-way), common to a point on a curve to the left, having a central angle of 08 degrees 01 minutes 49 seconds, a radius of 2914.79 feet, and a chord bearing and distance of South 45 degrees 29 minutes 12 seconds West - 408.18 feet; THENCE along said curve to the left, along said northwest right-of-way line, in a southwesterly direction, an arc distance of 408.52 feet to a 5/8 inch iron rod with cap stamped 'Pate' set far the most easterly northeast corner and POINT OF BEGINNING of the herein described tract, common to a point on a curve to the left, having a central angle of 12 degrees 23 minutes 00 seconds, a radius of 2914.79 feet, and a chord bearing and distance of South 35 degrees 76 minutes 48 seconds West - 628.74 feet; THENCE along said curve to the left, continuing along said northwest right-of- way line, in a southwesterly direction, an arc distance of 629.97 feet to a 1/2 inch iron rod with cop stamped 'Beasley' found for the end of curve; THENCE South 29 degrees 05 minutes 18 seconds West - 486.77 feet, continuing along said northwest right-of-way line, to a 5/8 inch iron rod with cap stamped 'Pate' set for the southeast corner of the herein described tract, common to a point on a curve to the left, having a central angle of 25 degrees 58 minutes 10 seconds, a radius of 495.16 feet and a chord bearing and distance of North 74 degrees 49 minutes 38 seconds West - 222.52 feet; THENCE along said curve to the left, in a westerly direction, an arc distance of 224.43 feet to a 5/8 inch iron rod with cap stamped 'Pate' set for a point on a curve to the right, having a central angle of 17 degrees 50 minutes 05 seconds, a radius of 284.57 feet and a chord bearing and distance of North 82 degrees 15 minutes 09 seconds West - 88.22 feet; THENCE along said curve to the right, in a westerly direction, an arc distance of 88.58 feet to a 5/8 inch iron rod with cap stamped 'Pate' set for an angle corner of the herein described tract; THENCE North 28 degrees 56 minutes 25 seconds East - 33.22 feet to a 5/8 inch iron rod set for an angle corner of the herein described tract; THENCE North 86 degrees 25 minutes 16 seconds West - 13.66 feet to a 5/8 Inch iron rod set for an angle corner of the herein described tract; THENCE North 67 degrees 32 minutes 17 seconds West - 215.87 feet to a 5/8 Inch Iron rod set for the most westerly southwest comer of the herein described tract; THENCE North 44 degrees 39 minutes 19 seconds East - 52.02 feet to a 5/8 inch iron rod set for an angle corner of the herein described tract; THENCE North 07 degrees 42 minutes 59 seconds East - 323.23 feet to a 5/8 Inch iron rod set for an angle corner of the herein described tract; THENCE North 19 degrees 46 minutes 38 seconds East - 153.37 feet to a 5/8 inch iron rod set for an angle corner of the herein described tract; THENCE North 32 degrees 28 minutes 03 seconds East - 136.15 feet to a 5/8 inch iron rod set for an angle corner of the herein described tract; THENCE North 23 degrees 52 minutes 36 seconds West - 22.05 feet to a 5/8 inch Iron rod with cap stamped 'Pate' set for the northwest corner of the herein described tract, in the southeasterly line of the Dallas Area Rapid Transit corridor tract as described in the deed recorded under Volume 10146, Page 640, in the Deed Records of Tarrant County, Texas; THENCE North 66 degrees 07 minutes 24 seconds East - 814.86 feet, along the said southeasterly line, to a 5/8 inch iron rod with cap stamped 'Pate' set for the north corner of the herein described tract, in the southwesterly line of the permanent street right-of-way to the City of Colleyville, as described In the deed recorded under Volume 14355, Page 21, in the Deed Records of Tarrant County, Texas, and common to a point on a curve to the left, having a central angle of 06 degrees 08 minutes 03 seconds, and a radius of 2039.35 feet, and a chord bearing and distance of South 45 degrees 05 minutes 22 seconds East - 218.30 feet; THENCE along said curve to the left, along said southwesterly line in a southeasterly direction, an arc distance of 218.40 feet to a 5/8 inch iron rod with cap stamped 'Pate' set for the Point of Reverse Curvature of a curve to the right, having a central angle of 89 degrees 40 minutes 15 seconds, a radius of 39.98 feet, and a chord bearing and distance of South 03 degrees 20minutes 03 seconds East - 56.37 feet; THENCE along said curve to the right, continuing along said southwesterly line, in a southerly direction, an arc distance of 62.56 feet to the POINT OF BEGINNING of the herein described tract and containing 15.10 acres of land. o , , ;) , , ': i :l \ EXHIBIT C - CONCEPTUAL SITE PLAN , . ! is ; . ~ . : I . - \; \, I I ~ I " ; \ 'I , \, tj...... ..lC.........'."..... n~" . , i I ~ ~ : ~ ~ ~ t EXHIBIT D - CONCEPTUAL BUILDING ELEVATIONS CD ..~ ElEVATlON C71"0," ~ . . ... _/Hi . ... . : . ) :';"'/:: 1:'[:~ ";:; i ."( -,:"",::,'i'" ".. -~~........ . , "'1: ". _'d. , ., , E9 .~!~~A.~.........__ E9 EAST ELEVATION '~~-w" E9 NORTH ELEVATION r:~'jj.p' .vr_ T.C.~~. t:r::(l ...~ " 8 NORTH ELEVAnON '''-f4' John McCain & Hwy 26 Opposition Presentation Case Z -04-011 Colleyville City Council April 2004 Current Colleyville Statistics at John McCain Rd. & Hwy 26 . Median Family Income: $138,136 . Avg. New Home Sale: $500,000+ . Gas Stations on Hwy 26: 5 (2 closed) . Auto Lube/Repair Shops on Hwy 26: 10 1 ServiceStar McKinney, Texas . *Builtl opened Sept. 2003 (approx) . *Shell station SOLD Oct.2B, 2003 "The above Information was gathered through 3rd paraes and cannot be relied upon 88 fact. Please uk ServiceSl8r for the facts. 2 "".Iv.croner. \ MlnIruI land_phil! Rea' Boy.,QfDI1Q R..ldentlal P!'<!party 3 4 5 The Surroundl~ Neighborhood Hom.. Tho Surrounding Nolghborhood 6 .rUf~ S"u..."1. ill.mw )-/,,~u. .$t~/loo !1/3.i.3.e~J..wd;l" )1....~ffu.J'1tAJ~-~ hJtt-..i . ~,tUf ...,oul II..".. 7 Also Purchased by ServiceStar: The closed Mobil Station was purchased by ServiceStar or an affiliated company from State National Bank in 2003. Important Questions to Ask.... . What are their future plans for this site? . Why has it not been maintained in a safe and better condition? 8 9 ServiceStar's Arizona Location Gilbert, Arizona Arizona Store photo shot 03128/04 10 Gilbert Community Profile - Demographics, tCOnomlC l-naraClt:n:>LH..:> ..a. '-'I.b..... .l- '-"~- C;' i tiu-t r~'laYcJr-- Clnel COUilCl1 BUSlrk~SS ()[1 P.,iJt:il.~:()S / Uj;t~ 1-'!!;--iL.Lc':S D'd[Ji;rtlll;..~jl: Pages 1'1,-",; To L...Ji~\c}ct U::. 5C~1((~t: iA.ii Al);~lUr ...-.-- ~~ -- ~ ~conomic Characteristics Demographics Menu G.lber+ A2 . Median Household Income Municipalities by median household income with a population of 30,000 or greal 6rt Chandler Scottsdale Peoria >. Avondale "" "jij Q. Gendale '0 'c ~ SUr pri se Mesa Tempe Phoenix .Apache J.Jncti on $- -- $10,COJ $20,COJ $30,COJ $40,COJ $60pOO $SO pOO $70,000 $00,000 Medial Ibusehol d h 00 m e - 1998 Income Range by Number of Household Units 01999 Household Income Range (35,512 total household units - 100%) 1'200,000 or more ~ 1.190 I 5.8051 7,484l I 9.6931 5,120-1 2.565l 1,6401 ~ ~ ~ $150,000 - $199,999 16 $100,000 - $149.999 a: CI) ! 1'75,000. $99,999 :!iOU,ODO - $74,99?) ..- ~ 1'35.000 - $49.999 "C "g $25,000 . $34,999 CI) ~ 1'15.000.1'24,999 ~ $10,000 - $14.999 Less than $10.000 o 2,000 4,000 6,000 8,000 10,000 12,000 Number of Hous eholds http://www.ci.gilbert.az.us/econdev /profile/demographics/economic2.html 4/1/2004 Gilbert Community Profile - Demographic, Housing Characteristics All ,'!,bud C~llberr j',;1ayor Cine! C,lUIlCd Business 011 A~Jci1C!21S / Line: [-"linut2s De[Jclltl) :2m HU,j To Pages CGi-H~dC( Us Housing Characteristics Demographics Menu Median Home Value Single-Family Resale: Census 2000 Scottsdal e '1~~O '",1'1) $157.300 Chandler Tempe ~ AIIondal e a; Q. 'y 'c Surprise i Peoria Mesa Glendale Phoeni x $- $50.000 $100.000 $150.000 $200.000 $250.000 fuledian Horne Value Median Home Value: st Quarter 2003 ESALE HOMES MEDIAN SALES PRICE $322,900 $170,000 $158,000 N/A $141,375 N/A $145,000 $135,700 $141,900 $127,500 NEW HOME MEDIAN SALES PRICE $388,897 $207,040 $227,375 N/A $132,420 $152,695 $187,230 $169,410 $155,675 $163,080 PLACE AFFORDABILlT YINOEX 77 173 159 N/A 150 N/A 155 136 137 139 Mesa Glend ale Phoenix t'age lor.:. SeZii-Crl, AFFORDABI YINDEX Source: Arizona Real Estate Center, L. Wllliam Seidman Research Institute, College of Business,.Arizona State University. Gilbert's Total Projected Housing Unit Count 1,n.nnn . http://www.ci.gilbert.az.us/econdev/profile/demographics/housing2.html 4/1/2004 Gilbert Community Protile - Demographic, Housmg Charactenstlcs 100,000 80,000 60,000 40,000 20,000 o 2000 2010 69,900 2020 HOUSING UNITS 39,900 96,500 rage; .:.. Vi _ 2025 96,500 2030 96,900 Souroe: U.S. 0ii1"l5U5 Bureau, 0ii1"l5U5 2000 - Maricopa A5!iOCiatiol"l at Govemments Source: U.S. Census Bureau, Census 2000 Horne I Employment I Privacy Statement I Contact Us Town of Gilbert, Arizona Official Website @ 2003 Gilbert, Arizona Webmaster http://www.ci.gilbert.az.us/econdev /profile/ demographics/housing2.html 4/1/2004 Arizona Store photo shot 03128104 Front and Back Open Bay Doors Does Colleyville Need This?? . Does Colleyville need more lube centers? . Does Colleyville need more repair shops? . Does Colleyville need more gas stations? . Does Colleyville need development so badly that we will give away the most important intersection in the city to get it? . Does Colleyville need this? 11 CITY COUNCIL CC.'" AGENDA BRIEFING it.~:,\~$ MEETING DATE: i i ITEM#: ' ORDINANCE #: I 04/06/04 8 0-04-1459 CITY MANAGER I i DEPARTMENT HEAD i ':7c "" FINANCE REVIEW: N.A. DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Zoning Change from R40 to R20 on portions of proposed Lots 2R and 3, Block 1, Redus Addition, located at 4502 Bill Simmons Road and 4505 Bowman Drive, Case Z-04-015 Previous Action: None First Reading and Public Hearing Backqround Reagan Redus and Kelye Stites are the owners of approximately 3.8 acres located on Bowman Drive and Bill Simmons Road. Mr. Redus and Mr. Stites, along with three other property owners in the area, are platting their property to create two new lots and to confirm boundaries and property lines for the overall property. During the review of the plat it was discovered that two of the proposed lots would be split between the R40 and R20 zoning districts. In order to avoid having lots split between zoning districts, the owners have applied for a zoning change on two small portions of the property. Most of the 3.8 acres is zoned R20 Single Family Residential. There are two small portions of the proposed lots that are being considered for rezoning. The following is a summary description of each parcel. Bowman Drive parcel. This parcel, which has frontage on Bowman Drive, is a 40-foot wide strip of land encompassing 16,239 square feet. The parcel will become part of Lot 2R, which is 2.9 acres in size. There is an existing house on this lot. Bill Simmons Road parcel. This parcel, which does not front on a street, contains 16,575 square feet of land. The parcel is a rectangular piece of property located at the rear of proposed Lot 3, which is 0.917 acres in size. There is an existing house on this lot. The surrounding property is generally developed as single family residences, and is zoned R40 and R20. A zoning map of the area is attached. It is not clear when the original zoning was approved in the area or how the zoning district lines were established. Many of the lots on the west side of Bill Simmons Road are split between the R40 and R20 zoning districts. Agenda Briefing Ordinance 0-04-1459 Page 2 of 2 Impact Issues 1. Master Plan. The Colleyville Master Plan designates the future use of this area for single family type land uses. This request is consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. All of the surrounding properties are developed as single-family residences, either within a subdivision or on acreage tracts. 3. Development Trends. The long-term trend for this area is for single-family development. Several new residences have been constructed on Bowman Drive and Bill Simmons Road over the last few years. 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 combined value of the two existing parcels owned by the applicants is $928,065. The estimated City property tax revenue for the property is $3,224 annually. 6. Traffic Generation. Since the two proposed lots are already developed with single family residences, no increase in traffic generation is expected. 7. Public Notification. Staff mailed notices to ten (10) 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 March 22, 2004, meeting and recommended approval by a unanimous vote. Recommendation Approval Attachments · Location and Zoning Map · Zoning Exhibit · List of Property Owners Notified · Ordinance 0-04-1459 Location and Zoning Map I -\ I I I I - J--Q J I-- ~I\ w~ - H aIIC ~ t ., ~~!11 . M - Q ~ I - , :::) R. 50 .c ... il r: - - ~Sa.. ;; .it. rJ' " \~ ~ .,/' " -,..... ~ r-- I f-- --..... - I_L ._- ..... f'" :-r:T'U'r ,\.) L.J "- Areas of Proposed ~~ Zoning to R20 - - "~ - __I ~ IV I-K "'ll l- f.--- - ~ 'I f.--- ~ - - ( - ;. 4A~ ; ~I\IC i ~~~ ~ I.. I'1A ~~ .... - - \ R"~11l 40 - - --- ~ / - & I-- - s:. ) 17_ I \ T \uy I l'YLER AVENUE , ....] -:l: ..-.. ""~"'IUlU_'.II' '-,.-alWllI_.~',....." (:;'\ (', 0' ...~.,.:::O't ".......... . ....~.:~_~.>->.0:-~~~... ''';~''''''-- (6\ .........;.....- ~ ,../I~;:,l)1I C4........~~~:~:.~~0'00.. 10MlD"'1MO'" Zoning Exhibit (l) \::;;'~';'..----'--<---'--- 1';;',7 :D lR ~-', --- -,~:;-- \ 1 R 1 ) --- --," ......-/ /' ..':_~,:.~ ... / I J,f;i~"" , /J"''''_''.l''' ....~~..'~~-' -~"""r-,1~:=~:~ ........._, 1111.1, ">>'4.1'( S "'2'J.tH l JH.U' .... 'H ~O JJ' I It ii Z-04-015 Frank S & Hortencia Rawls 4504 Bowman Drive Colleyville TX 76034 Robert M & Nancy Blume 4500 Bowman Drive Colleyville TX 76034 Peter & Lorena O'Brien 106 Mill Wood Drive Colleyville TX 76034 Tilger, WR & Tehresa A Morgan 1400 Old Base Rd Rhome TX 76078 Alexander & Kathie Keefe 4509 Bowman Drive Colleyville TX 76034 Keith & Shannon Chatham 4413 Bowman Drive Colleyville TX 76034 Roger Del Brandt II 4512 Bill Simmons Road Colleyville TX 76034 Wm & Linda Beecher Beecher Family Trust 4604 Bill Simmons Road Colleyville TX 76034 Willam R Redus 4502 Bill Simmons Road Colleyville TX 76034 Kelye & Cynthia Stites 4501 Bowman Drive Colleyville TX 76034 Case Z-04-015. Notices dated March 10,2004. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed zoning change or special use permit request are listed above. I certify that the parties listed above have been notified of the proposed zoning change or special use permit request as required by the Texas Local Government Code and the Colleyville Land Development Code. Clayton Husband AICP ORDINANCE 0-04-1459 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 0.75 ACRES OF LAND OUT OF THE SIMON COTRAIL SURVEY, ABSTRACT 328, FROM THE R40 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE R20 SINGLE FAMILY RESIDENTIAL 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 Reagan Redus on March 8,2004, under Case No. Z-04-015; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and the zoning exhibit attached as Exhibit "B", by changing the zoning of said property from the R40 Single Family Residential district to the R20 Single Family Residential 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. Ordinance 0-04-1459 Page 2 of 2 Sec. 4. 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. 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 2004. 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 ~ t- I [ I - J--"]: .-- , :\ ...--J- - ~ l aIC ~ ,~'I\ '--- I 0 I - ~ - 0 ::) R.SO . ... : !: - - ~3SA. ;:: .t. rl3 L/ ~\~ e: ~ I-- ..-- I I-- . - ............ Areas of - .I-I,..f.'-' L '"" Proposed Zoning I~~ to R20 - - I "'" ',." "' I-- I Y 1-1"( ~I ~ ~ ==:Jb :(] I-- ~ ~ - i== - < I-- F1ttrl\tc ~ (I)I>- ~~ :( ~~~~ .... "-..... - \ ~'U - - I-- _ .f) Y". 40 !/L-..--- If & / \ \ \t;y I - f'\ t-- EXHIBIT B - ZONING EXHIBIT ,- ---1'''--.-<<. _a~'.f. ~" , , -19";';'''' " , ~)~~.J~:~..:P~..:.- ~~...~__ k=,--- I ~ .._~::~-."<I'=: -.. :_-- II J . " I i ;f~ ~.., ,..';;7,:;;-1 j' 'I" 10Nl01IO"' lOtC'I..... ~.~"-,, _ ~.,. SI.\fO.\' COTRfAL S'CR\1:.'}-. ~tB:S'TRACT '\0 I?B IlL -----r- I .- . ~.;_",nh ~ --=-::- -- .....~.~--~~-- -~=-~:.=-it-. ~: ---;;;'~~'~.r.'!f:~' .. ........" -' / fJ': Z'lLX';'LZjz/////.("::~~-;~-f.".z/7/lzNi/4 . (~~~,..'l/ t. I~ \\ l~D"'I2O" / ~;:. ] R \......",,':,,-- 8 ---------/--- ~ ,l'f /,,~r' '.1..._'>.. / '" ,,'... . ( ( A-'"MfI,,__t.' \ . 'T~~ll~' '~-U...I-.-..-~~~~ ~~~ i.., ,~, %1'_""" .....,---------~._..- . .~>-" C" ~ iW,_....."" '!Ml,l(. TYLER AVENUE .K I a ,I t: . 1(N.C "IW t; 3"JJlJ",r~. "'] r------------- I ~ZQNft"'llO"'l '-w_.u......;, '7."77/77 '77 77.:r;: /77_7717/7"z77 -""7 :""'/77__ LJ ~: . ;~r~=~.:,,.. o ~ ~! , ",_to,."" lI..."C """"- @ .,..._c....<>I' Ut,.~. ~L" "',' '__" ,. _.' _ ~ .... ,. MiU''''''''' ~.. ~~--- -_._~-,. --::-::':!:~i~~',.lf; ...-_i;~.-.. U&IIo..oU.. it- CD >t,OII..rtllll --~ "r . ...~':!!r.t~:.!'. -r BLOCK 1 \ \ I ! j- "----- -f; ~. M ~.S. ::,.:'r:;~~~J;~.t,~;;~ir)"'" CITY COUNCIL cce'" AGENDA BRIEFING /('x;:\$ MEETING DATE: I 04/06/04 ITEM #: I 9 RESOLUTION # : R-04-2349 CITY MANAGER I DEPARTMENT HEAD ~ Jt.tt- FINANCE REVIEW i N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a Preliminary Plat of Warwick Parc, 41.8 acres located at 909 John McCain Road, Case P-04-014 Reading and Public Hearing Compass Realty is the prospective developer of 41.89 acres located on the south side of John McCain Road, west of Shalimar Court. The developer has submitted a Preliminary Plat of the property for review and consideration by the City Council. The plat contains 70 lots for the construction of new single family residences. Zoning. The property is currently zoned AG Agricultural, but a zoning change application to R20 is pending before the City Council. The Council will take action on the zoning application at the April 6, 2004 meeting. The proposed lots meet the requirements of the R20 zoning district. In the event the zoning change is not approved, the preliminary plat effectively becomes void. Approval of a preliminary plat does not constitute acceptance or approval of the subdivision; the preliminary plat is a mechanism used to advise developers of the specific requirements for public improvements and review a proposed layout of a subdivision. Open Space. Though not required by the R20 zoning district, the plat contains open space areas along John McCain Road and in the southern portion of the development. The plat provides 2.65 acres of open space area (6.3% of the development) for use as leisure areas for the residents and stormwater detention purposes. The developer indicated that amenities such as walking paths and benches will be included in the open space areas. The homeowner's association is required to maintain the open space areas and any detention ponds. Sidewalks and Trails. The developer will construct a sidewalk connection to the Cottonbelt Trail as part of the public improvements to the property. The connection is located in the open space area in the southeast corner of the property. In addition, the developer is required to construct a 5-foot wide sidewalk along John McCain Road. Each homebuilder is required to construct a 4-foot wide sidewalk on each lot as houses are built within the subdivision. Cottonbelt Trail Easement. The owner is providing a 5-foot wide access easement along the southern property line adjacent to the Cottonbelt Trail. The easement provides for a safer shoulder area adjacent to the trail pavement by keeping the fences farther away from the trail pavement. Chapter 9 of the Land Development Code requires the dedication of additional easements to accommodate trail system sidewalks. Agenda Briefing Resolution R-04-2349 Page 2 of 2 Right-of-Way Dedication. The developer is dedicating 40 feet of additional right-of-way along John McCain Road to satisfy the requirements of the Master Thoroughfare Plan. The developer is also dedicating right-of-way for the streets within the development that serve the individual lots. Street Connection. The developer is providing a street stub-out to the property west of this site. Chapter 9 of the Land Development Code that the street layout provide for future access to adjoining tracts of land to assure adequate neighborhood circulation. Parkland Dedication Fees. The payment of parkland dedication fees is required for this development, since ten new residential lots are being created by this plat. The fee for single- family residential development is $1,802 per dwelling unit. Perimeter Street Improvement Requirements, Perimeter street improvements are required for this property since John McCain Road does not meet the current roadway standards of the Land Development Code. The developer is required to construct one-half of the street or provide an equivalent amount of cash escrow for future improvement by the City before the issuance of any building permits. The Planning and Zoning Commission approved this Preliminary Plat at the March 22, 2004, meeting by a unanimous vote. Recommendation Approval Attachments · Location map · Plat . Development Review Committee memo · Developer correspondence Location Map Location and Zoning Map Z-04-012 ~~~ ~ ;: ~ "'~ .~"'W" ~ ;i~ ~ ~ ~ -'~ ~:~e~'~ ~! ~~~~w ~81 s;~ ~ ~ ,~~ ~ ~ m~i 8 ~ ~ ~.~ Qr' ~~ -Ji... ~ !l i5' Cd I 't If tD u~a I!lli ~ ~~ ~"t:l I ~ ~$il ~; ~ ~~~8~~1~~~ ~. ~~ "t:l >< ~ ~ ~ o-,l ~ ~ ~l~~f~r~f~4'~ ~.Hllnl~n dff,Hn'~' ~ nI P H P ~ ; . ;;, ~ ~ i ~ - . , , 0 ;~~~n~~~ rD"- O'_L . I ,~ i : L . 'cj L, - 'I ::g .--------1 n r -- ~ Lni ::: !I \. ~ L~ I ~ 1 ~~ ~~ ~~ ~E ~ o w-tE S ~ ~ ~ ~ ~ ~ ~ ;;j b .. .., .. $1 .. .... ~~ ~~ -0, '-\ '" ... '. "\ ~i . ~; !~ ., ,. '" . w , '" ~,,~ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO FROM March 11, 2004 Eddie Eckart, PE 817-446-3116 Clayton Husband, AICP, Development Coordinator SUBJECT P-04-014 Preliminary Plat- Warwick Parc The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. PLAT DRAWING 1. Label all open space lots and landscape buffer lots with lot numbers. 2. Add a "Sidewalk and Trail Easement" in the open space lot where the sidewalk connection to the Cottonbelt Trail is proposed. The recommended easement width is ten (10) feet. 3. Additional right-of-way dedication for the Cottonbelt Trail is required adjacent to the southern property line. The additional right-of-way required is five (5) feet. 4. The open space and detention pond lot in the southwest corner is not accessible from a public street. How will this lot be maintained by the homeowner's association? ENGINEERING CONSTRUCTION PLANS The engineering construction plans have been reviewed by the Engineering Department, Fire Department and Public Works Department. Questions concerning the engineering construction plans should be directed to Chad Bartee at 817-577-7587. WATER AND SANITARY SEWER. All main line crossings must be separated by at least nine feet. Extend the water line to the west property line in the street stubbed out to the west. The depth of the existing sanitary sewer main should be field verified to determine if sufficient fall exists to serve the subdivision. DRAINAGE. Information is needed for the 2-, 5-, 10-, 25- and 50-year storm events on the pre- developed and post-developed conditions. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-04-014 WARWICK PARC TREE PRESERVATION Trees not located within the right-of-way must be preserved during the construction of the subdivision. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline ofthe preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence or other similar fencing with a four-foot (4') approximate height. The fencing must remain in place during the entire construction period. OTHER INFORMATION 1. PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per dwelling unit. An assessment of parkland dedication fees will be provided upon approval of the final plat. 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since John McCain Road is considered an unimproved street and the plat contains more than one residential lot. The owner is required to construct one-half of the streets adjacent to this property, or provide an equivalent amount of cash escrow for future improvement by the City. An estimate of the cash escrow amount can be provided by the Engineering Department upon request. 3. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER 4. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along John McCain Road and all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least 4-feet wide. The sidewalks along John McCain Road are required to be 5-feet wide, and the developer is required to construct the John McCain Road sidewalk as part of the public improvements for this property. PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE P-04-o14 WARWICK PARC PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, March 22,2004, 7:00 p.m. Tuesday, April 6, 2004, 7:30 p.m. RESUBMITT AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices, if needed. Once you have completed the changes to the drawing, please submit the following to our offices: · 15 folded copies of the revised Preliminary Plat drawing · one 8W' x II" reduced copy of the revised exhibit · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The revised drawings must be submitted no later than Wednesday, March 17, 2004 in order to make the scheduled hearings. Please contact me at 817-503-1054 or husbandc<w.ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE 3 OF 3 GOODWIN~ M ARSHALL~ CIVIL ENGINEERS - PLANNERS - SURVEYORS March 17, 2004 Mr. Clayton Husband, AICP Development Coordinator City of Colleyville 100 Main Street Colleyville, TX 76034 RE: P-04-014 Preliminary Plat - Warwick Pare Mr. Husband: Goodwin & Marshall, Inc. has completed the revisions to the preliminary plat for the above referenced project. The following comments are in response to your letter dated March 11,2004. Plat Drawing 1. Open spaces have been labeled with lot numbers. 2. A 10-foot access easement has been added for a sidewalk and trail easement connecting to the Cottonbelt Trail. 3. 5-feet of additional right-of-way has been shown along the property's southern boundary for the Cottonbelt Trail. 4. An access easement has been shown to provide access to the open space lot on the southwest comer of the property. Engineering Construction Plans Construction plans will be submitted after the preliminary plat is approved detailing the water, sanitary sewer, and storm drain designs. This development will meet all City of Colleyville design criteria. Tree Preservation Prior to construction, protective fencing will be installed around protected trees per City of Colleyville requirement. Other Information 1. Parkland dedication fees will be paid at the time of final plat approval 2. The developer will provide adequate cash escrow for John McCain Road improvements during the development of this site. 6001 BRIDGE STREET, SUITE 100/ FORT WORTH, TEXAS 76112/817-429-4373 (METRO) /817-446-3116 (FAX) _.~- ...^_..-.._-_....._.~---_._-------_._.-.._~-- Mr. Clayton Husband, AICP March 17, 2004 Page 2 of2 3. Impact fees will be paid during the building permit process. 4. Sidewalks will be constructed according to City of Colleyville requirements. Thank you for your efforts on this project. If you have any questions, please do not hesitate to call. Sincerely, Goodwin & Marshall, Inc. ~ Shea Kirkman, P .E. SOK/jc RESOLUTION R-04-2349 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WARWICK PARC NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the preliminary plat of Warwick Pare is hereby approved. 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 CC@mZ1l AGENDA BRIEFING i{"...~$ MEETING DATE: ITEM#: RESOLUTION # : 04/06/04 10 R-04-2350 CITY MANAGER i ! DEPARTMENT HEAD I FINANCE REVIEW ! Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT : Approval of the Revocation of the Bransford Park Land Trust and directing the City Attorney to prepare necessary documents conveying all properties held by the Bransford Park Land Trust to the City of Colleyville Reading and Public Hearing On March 26, 1991, the City Council approved the Bransford Park Land Trust Agreement for the purpose of acquiring, holding, administering, improving and utilizing park land for the benefit of the citizens of the City of Colleyville. The Trustees under this Agreement shall be constituted and made up of members of the Colleyville City Council, being the Mayor and Places one through five. As per the Tarrant Appraisal District (TAD), there are several properties currently owned by the Bransford Park Land Trust, including Pleasant Run Park, the Park Annex and property along Little Bear Creek. As per discussions with the Texas Parks and Wildlife Department (TPWD), it was determined that property held by the Bransford Park Land Trust was ineligible to serve as a local share match for a TPWD grant. On the basis that the Bransford Park Land Trust does not meet the local share match requirements for TPWD, this item provides for the revocation of the Bransford Park Land Trust and directs the City Attorney to prepare necessary documents conveying all properties held by the Bransford Park Land Trust to the City of Colleyville. Financial Impact None Recommendation Approval Attachments . Bransford Park Land Trust Agreement . Resolution R-04-2350 BRANSFORD PARK LAND TRUST AGREEMENT The City of Colleyville, a home-rule municipal corporation, located in Tarrant County, Texas, referred to in this Agreement as "Trustor", hereby transfers to Chris Hawkins, Linda Ahlers, Richard Newton, steve McKain, Cheryl Feigel and Ed McKnight, all of Tarrant County, Texas, herein collectively ref~rred to as "Trustees", all of the property described in Exhibit "A" attached to this Trust Agreement to constitute the Trust Estate, together with any other property that may become subject to this Agreement, cumulatively referred to in this Agreement as the "Trust Estate". The Trust Estate shall be held, administered and distributed by the Trustees as provided in this Agreement. Purpose of Trust 1. This Trust is created for the purpose of acquiring, holding, administering, improving, and utilizing park land for , the benefit of the citizens of the City of Colleyville. This Trust shall be interpreted in accordance with and in compliance with the aforesaid purpose, the Charter of the City of Colleyville, laws of the state of Texas governing the operation of the City of Colleyville and the Ordinances of the City of Colleyville. I Additions to Trust 2. The Trustor shall have the right at any time to add other property to this Trust. Any additional property, when received by the Trustees, shall become part of the Trust Estate. Additions by Third Parties 3. Any other person may add property to the Trust Estate, provided the Trustees approve the addition, in writing, before the transfer to the Trust. Power to Amend or Revoke the Trust 4. The Trustor may take the following actions at any time and from time to time, by written notice signed by the Trustor and delivered to the Trustees: (a) Revoke or change the interest of any beneficiary in the Trust created or to be created under this Agreement. (b) Amend any provision of this Agreement or any amendment to this Agreement. (c) Revoke in whole or in part any trust or trust created by or to be created under this Agreement. (d) Withdraw all or any part of the Trust Estate. Trustees' Duties on Revocation of Trust 5. If the Trustor revokes all or any part of the Trust, the Trustees shall transfer the applicable property in the 2 Trust Estate to the Trustor as soon as reasonably possible. The Trustees shall execute and deliver to the Trustor all instruments that are necessary or appropriate to convey the property interest to the Trustor. Distributions by Trustee 6. The Trustees shall pay to the Trustor all of the net income from the Trust Estate, if any. These distributions shall be made in monthly or other convenient installments unless otherwise directed in writing by the Trustor. Powers and Duties of Trustee 7. The Trustees shall have the power to retain any property in the Trust for as long as permissible in accordance with the Trustees' duty to manage the trust property. The Trustees shall have this power whether or not such property is of the character permitted by the Texas Trust Code for the investment of trust funds. Management of Trust Property 8. The Trustees may exercise the following powers with respect to any of the property in the Trust Estate. These powers apply to principal or accumulated income of the Trust. The Trustees shall have the discretion to take the following actions at any time on the terms and in the manner as determined by the majority vote of the Trustee; provided, however, the Trustee 3 shall not have the power to and shall not perform any of the following unless and until the Trustor has consented to such action in writing: (a) Sell, convey, exchange, convert, grant an option, assign, improve, build, manage, operate, and control Trust property. (b) Partition, divide, subdivide, .assign, develop, and improve Trust property. (c) make or obtain the vacation of plats, adjust boundaries, adjust differences in valuation on exchange or partition, and dedicate easements for public use, of Trust property, with or without consideration. (d) Make ordinary and extraordinary repairs and alterations in buildings, demolish improvements, raze party walls or buildings, and erect party walls or buildings on Trust property. (e) Lease property in the Trust Estate for terms within or beyond the term of the Trust and for any purpose, and enter into any covenants and agreements relating to the: leased property or any improvements that may be erected on the property. (f) Encumber or hypothecate Trust property for any Trust purpose by mortgage, deed of trust, pledge, or. otherwise. (g) Carry insurance of the kinds and in amounts to protect the Trust Estate or the Trustees. 4 (h) Invest and reinvest in property that the Trustees deem advisable, including the option to acquire an asset, whether or not of the character permitted by Texas Trust Code for the investment of trust funds, specifically including, but not limited to, interests in any common trust fund or funds now in existence or to be established and administered by the Trustees solely for the investment of trust funds.. (i) Vote and give proxies to vote any securities in the Trust Estate. (j) Pay any assessments or other charges levied on any stock or other security in the Trust Estate. (k) Exercise any subscription, conversion, or other rights or options that may attach to the holders of any stocks, bonds, securities, or other instruments in the Trust Estate. (1) Continue and operate, sell, or liquidate any business or partnership interests received by the Trust Estate. (m) Participate in any plans or proceedings for the foreclosure, reorganization, consolidation, merger, or liquidation of any corporation or organization that has issued securities in the Trust Estate and, incident to that participation, deposit securities with and transfer title of securities to any protective or other committee established to further or defeat any such plan or proceeding. (n) Enforce any mortgage or deed of trust or pledge in the Trust Estate and, at any sale under any such 5 mortgage, deed of trust, or pledge, bid and purchase at Trust expense any property subject to the security instrument. (0) Employ any attorney, investment adviser, accountant, broker, tax specialist, or any other agent, and pay reasonable compensation from the Trust Estate for all services performed by any of them. (p) Compromise, submit to arbitration, release with or without consideration, extend time for payment, and otherwise adjust any claims in favor of or against the Trust. (q) Commence or defend any litigation with respect to the Trust or any Trust property at the expense of the Trust. (r) Abandon any Trust asset that the Trustee deems advisable. (s) Do all acts, take part in any proceedings, and exercise all rights and privileges as could an absolute owner of property in the Trust Estate, subject to any limitations expressly set forth in this Agreement and the faithful performance of the Trustee's fiduciary obligations. The enumeration of powers in this Agreement shall not limit the general or implied powers of the Trustee or any additional powers provided by law. Manner of Holding Property 9. The Trustees shall hold all Trust Property in its name as Trustees under this Agreement. 6 Limitation on Trustee's Liability 10. No Trustee appointed under this Agreement shall be liable for the action or default of the Trustee or the Trustee's agent, unless caused by gross negligence or willful commission of an act and breach of trust by the Trustee or the Trustee's agent. Bond 11. Bond shall not be required of the original Trustees or of any successor Trustees to secure faithful performance of the Trustees' duties. Appointment of Successor Trustee 12. The Trustees under this Agreement shall be constituted and made up of the members of the Colleyville City Council, being the Mayor and places one through five. Upon the resignation, death, removal or expiration of the term of any person as a member of the Colleyville City Council, that person shall no longer serve as a Trustee under this Agreement and the successor to said person's position on the Colleyville City Council shall, upon qualifying as a member of the Colleyville City Council, become a Trustee under this Agreement. Rights and Powers of Successor Trustee 13. Any successor Trustee shall immediately succeed to the title of the Trustee and to all powers, rights, discretions, 7 obligations and immunities of the Trustees under this Agreement with the same effect as if the successor was originally named as the Trustee in this Agreement. Compensation of Trustee 14. The Trustees shall receive no compensation for its services under this Agreement. Applicable Law 15. This Trust has been accepted by the Trustees in the State of Texas, will be administered by the Trustees in Texas, and the validity, construction, and all rights under this Agreement shall be governed by the laws of Texas. Severability 16. Should any provision of this Agreement be or become void, invalid, or unenforceable, the remaining provisions of this Agreement shall continue to be fully effective. Notices 17. Any notices or other communications required or permitted by this Agreement to be delivered to or served on the Trustees shall be deemed properly delivered to, served on, and received by the Trustees when personally delivered to the Trustees. However, in lieu of personal service, notice shall be deemed to be delivered when deposited in the United States mail, 8 certified mail with postage prepaid, addressed to the Trustees at 401 Oak Valley Drive, Colleyville, Texas 76034, or to the then current address of the initial Trustees or any successor Trustees. Interpretative Clause 18. As used in this Agreement, the masculine, feminine or neuter gender, and the singular or plural number shall each be deemed to include the others whenever the context so indicates. Copies 19. Anyone may rely on a copy of this Agreement certified to be a true copy of this Agreement by a notary public to the same extent as if it were the original. Anyone may rely on any statement of fact certified by someone who appears to be the Trustee of this Trust from the original Agreement or a certified copy of the Agreement. .J EXECUTED on the dl' 'I day of a~ 'p , 1991, at Tarrant County, Texas. TRUSTOR ATTEST \ ~ ~~o() City Secretary City of Colleyvi11e ~/~ /7'- By: ~.-::..., ~~--/....:L Chris HaWkins, Mayor 9 TRUSTEE ~~~/~//~ Chris Hawkins,- Mayor ~/f'I/{lW~ S &~!::4 'J Cheryl ~eigel ~. ~~V;;;I Ed MCKnig STATE OF TEXAS COUNTY OF TARRANT d/~ OTfhiS ~t~e?7 was acknowledged before me on the day ~~ , 1991, by Chris Hawkins, the Mayor of the City of Col1eyvi11e; Chris Hawkins, Linda Ahlers, Richard Newton, steve McKain, Cheryl Feigel, and Ed McKnight. N~~~ Not's Name (printed): tary's g-S--f~ f""':.~~~~'-~---..a I --~".?-.'!..:~V\ll t" ; ?~~~:>:~~I~ laVADA JOHNSON ' $~f~"..>'~\~~ COM~f,~)SiO~ EXPIRES $ ; ';;?;........,...-TJ M.",CH :J, 1992 # ~ \\,,,,,t(,t.....1--- I ......~...~......~.,\--......~....,..~ 11 -- .-.- ~ ------ 10 EXHIBIT nAn The sum of $ d ~ ~I /t;3 9 S-d)- RESOLUTION R-04-2350 A RESOLUTION APPROVING THE REVOCATION OF THE BRANSFORD PARK LAND TRUST AND DIRECTING THE CITY ATTORNEY TO PREPARE NECESSARY DOCUMENTS CONVEYING ALL PROPERTIES HELD BY THE BRANSFORD PARK LAND TRUST TO THE CITY OF COLLEYVILLE WHEREAS, the Bransford Park Land Trust was created for the purpose of acquiring, holding, administering, improving and utilizing park land for the benefits of the citizens of the City of Colleyville; and WHEREAS, the Colleyville City Council serves as the Trustees for the Bransford Park Land Trust; and WHEREAS, the Trustees of the Bransford Park Land Trust have determined that the Trust no longer meets its desired purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the revocation of the Bransford Park Land Trust is hereby approved and the City Attorney is hereby directed to prepare necessary documents conveying all properties held by the Bransford Park Land Trust to the City of Colleyville. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THE AYES, DAY OF NAYS AND 2004. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor CITY COUNCIL city or CCea AGENDA BRIEFING IC'Xil$ MEETING DATE: ITEM#: RESOLUTION # : 04/06/04 11 R-04-2351 CITY MANAGER 1 ; DEPARTMENT HEAD I ~~ FINANCE REVIEW I N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a waiver from the water well drilling requirements requested on Lot 53, Block 2, Western Trails Addition located at 7700 Overland Trail, Case G-04-0 11 Reading and Public Hearing Marilyn Baker is the owner of a lot located at 7700 Overland Trail, north of Wagonwheel Court. The owner has submitted a waiver request to drill a water well on their property at a location that is not allowed by City codes. A letter from the owner is attached. The owner proposes to drill a well in the northwest area of the property to provide a water source for irrigation. The Colleyville Code of Ordinances prohibits a private well from being located within 1,000 feet of a city-owned well. The proposed well would be located approximately 750 feet north of a city well, which is located at the Overland Trail pump station. The depth of the proposed well is 200 feet; the depth of the city-owned well is over 600 feet. Other than location, the proposed well location satisfies the requirements of the City Code. The Public Works Department reviewed this request and believes that the location of the well will not affect the City's ability to provide water delivery services. The well at the pump station is currently out of service. Available records indicate that only one similar request was considered by the City Council. In November 2003, the City Council approved a request from D.R. Horton Homes to drill a well 230 feet from an existing city-owned well near Riverwalk Drive and Glade Road. The well at this location is also out of service. Of the surrounding cities, only Hurst has a similar distance requirement from city-owned wells. The Colleyville regulations appear to have been adopted before 1976. Waivers from the well drilling requirements may be granted by the Council on a case-by-case basis. If the request is approved, the owner must obtain a permit from the City for the well. The cost of a water well permit is $50. The well must be drilled by a well driller licensed by the State of Texas. After the well is drilled, the well driller will provide a copy of the State report for the permit files. Agenda Briefing Resolution R-04-2351 Page 2 of 2 Recommendation Denial due to technical non-compliance with the regulations Attachments · Location map · Information from Applicant · Property Survey · Water Well Regulations · Resolution R-04-2351 Location Map 5 ~~ !m1" \ t:L //'\ t-" rE\7pNTtDEW~,!(\'" ~,:: ')r.j" \. \ 'w /._ ,., '{ "'A ,,'-..../ \ I\'\",{',:', '> /;", >- \,-;;, '\:'~) ^/~:- I '"" {' )\//"'A '--\" 7/(iU'-.. / PUD-R I /\ ",; ~v, />" ~,. ,> /~1\ '\\ // k'/ \ "\"<!'" A~ I,!:," \" / k?';1!~~s); I' \ // " I I ~~: ~\ :.." ....-...., ,<v,ce / >1..,_'. "'\,4 ,) /'" '.,\ \ "y("", ,/\\ January 6, 2004 Dear Clayton, We have been residents of Colleyville for 15 years and love our home and community. We have decided to stay on in Colleyville, and as a result wish to make some improvements to our lot. We would like to drill a well on our property. The well will drain into a pond, and the pond water will then be used to water the lawn. After speaking with the city and our drilling contractor, we have found that our proposed well location is within a 1000' of an existing city well. And that the proximity of the proposed well to the City well is in conflict with City Ordinance. The proposed well is estimated to be approximately 200' deep, and the city well is estimated to be around 680' deep. The drilling contractor has paced the distance of the proposed well to be approximately 750' from the city well. We respectfully ask that the City consider and approve a variance to Appendix A, Section 2, Sec. P of the City of Colleyville Code of Ordinances to allow us to drill in the attached proposed location. Thank you for your time and feel free to call at any time. Marilyn Baker (817) 485-5301 -1, ()O c",: f \?t i......jV '7 ~ '" l.. ..- .flu:- L~ / _J ~ ------ Property Survey ~ 'l S " ~ :'c, " proposed well i - I I c5'~ ". ....... .s c>- ~c'> ;">0 *SI"or;;:'~ 4I>......,..G:-.. .......C:'"~~ "'~..J j~ ~: ~ f\j C.OT .53 ~, \ .~ ~ ':: " \; ~ ~ . .. ~ ~ I3~OCK 4 ~_._-----~. :: r ~ ~I . -r-- ..___ \ i. ~ ; .,,-Jff ~, ~" f~ " ~: ~ I ,. ~ ~ S"~'Y f ~~-) -'oS,:!, e'/CA-" hetv"J'"c."" '\d. ~. ~ ~ ~ ~ j I~ ~, I' ~ I . : . I " .,;.,' ! / / <~(;.; , / ,'v! _*11 ~. '. ,~ i I I , Q-.:. ~~ tt' 'J~ c{' ~l ~ C)~ .\1 . ~ CJ ~ I\. Water Well Regulations The Colleyville Code of Ordinances, Appendix A - Water and Sewer Policy and Procedure Manual, Section 2, Section P. Water wells. A water well drilling permit is required prior to any private well being drilled. All water well drillers must be licensed as required by the State of Texas. Drilling permits will be issued only if the following conditions exist: 1. Well driller or property owner will provide the city with a plot plan showing all buildings on the property and the purposed [proposed] location of the water well. 2. No water well drilling permits will be issued to drill within 1,000 feet of a city- owned well. 3. Maximum depth of any private well is 300 feet. 4. No well shall be drilled within ten feet of any lot line. 5. All state and federal regulations shall be complied with. 6. The well driller shall provide the city with an affidavit upon completion of the well with the following information: (a) Final depth of well. (b) Type and size of casing. (c) Was the well casing pressure grouted and what was the quantity of grout used. 7. Private well can only be used for irrigation purposes. RESOLUTION R-04-2351 A RESOLUTION APPROVING A WAIVER OF THE WATER WELL LOCATION REQUIREMENTS FOR LOT 53, BLOCK 2, WESTERN TRAILS ADDITION WHEREAS, WHEREAS, WHEREAS, a waiver of the location requirements for a private water well was requested by Marilyn Baker for property located at 7700 Overland Trail; and the property owner would like to drill a private water well for irrigation of the property; and the Colleyville Code of Ordinances states a private water well may not be located within one thousand (1,000) feet of a well owned by the City of Colleyville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. THAT the request for a waiver from the Colleyville Code of Ordinances, Appendix A-Water and Sewer Policy and Procedures Manual, Section 2, Section P. (2), to drill a private water well within one thousand (1,000) feet of a well owned by the City of Colleyville, is hereby approved. THAT the private well shall be located at least seven hundred (700) feet from the well owned by the City, and shall not be drilled more than two hundred (200) feet in depth. AND IT IS SO RESOLVED. AYES, NAYS AND 2004. ABSTENTIONS ON PASSED BY A VOTE OF THIS THE DAY OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor CITY COUNCIL cc@n", AGENDA BRIEFING 1(':-;":; MEETING DATE: ITEM#: RESOLUTION # : 04/06/04 12 R-04-2352 CITY MANAGER I ! DEPARTMENT HEAD I FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval of Citywide Donation Policy Reading and Public Hearing During several Pre Council meetings, the Council discussed the development of a Citywide Donation Policy. The Council discussions have focused on the scope and issues to be covered within the proposed policy. During the March 2, 2004, Pre Council meeting, the Council requested that Councilmember Hendler finalize possible changes to the draft for Council consideration. Currently there are policies for related donations for the Colleyville Center, Colleyville Public Library and Colleyville Parks and Recreation. (See attached). This policy would provide an overall template for each of the individual donation policies adopted by the advisory boards and committees. As per Councilmember Hendler's request, a copy of the draft citywide donation policy was forwarded to the chair for the three committees for review and comment for Council consideration. The Citywide donation policy would take precedent over any conflicts with the existing donation policies. The City Council will need to determine the level of donation that would be exempt from the Citywide Donation Policy. The draft provides a range of $100 to $500 to be determined by the Council. Financial Impact None Recommendation This item is provided for City Council consideration. Attachments . Colleyville Center Donation Policy . Colleyville Public Library Donation Policy . Colleyville Parks and Recreation Donation Policy, as approved by R-03-2154 . R-04-2352 COLLEYVILLE CENTER DONATION POLICY Statement of Purpose: The purpose of this policy is to provide a consistent procedure for the consideration of donations to the Colleyville Center. The following policy will become effective immediately. Procedure: I. Any person or organization making a donation to the Colleyville Center should submit a proposal, in writing, to the Colleyville Center Manager. II. The proposal should include a complete description of the 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 Center Manager will review the proposal and make any comments and recommendations deemed necessary. IV. The Center Manager will forward all donation proposals, along with comments and recommendations, to the Colleyville Center Advisory Committee via mail or electronic transfer. V. The Colleyville Center Advisory Committee will review the proposed donation and make their comment and recommendation, which will be forwarded to the Colleyville City Council for final approval. VI. The City of Colleyville reserves the right to accept or reject any item submitted for approval. VII. The potential donor reserves the right to withdraw the proposed items at any time during the approval process. VIII. All items(s) will be considered for acceptance on an item-by-item basis. IX. All accepted donations to the Colleyville Center will become the property of the City of Colleyville and will be used at the discretion of the City of Colleyville. X. All donations on loan to the Colleyville Center will remain the property of the donor. XI. All accepted donations will be recognized with placement in a Donation Book, which will displayed in the Colleyville Center parlor or will be recognized with a plaque. CUY Of cc~n~ COLLEYVILLE ~ PUBLIC LIBRARY Texas Q GENERALSTATEMENT The Colleyville Public Library welcomes gifts and donations in support of its collections, programs, services and facilities. The Library has been greatly enhanced by many fine donations which have enabled the Library to acquire many items that otherwise could not have been afforded. Q STATEMENT OF PURPOSE The purpose of this policy is to provide consistent guidance of the consideration of donations to the Colleyville Public Library. Q SPECIFIC DONATIONS · DONATIONS OF BOOKS, PERIODICALS, AND AUDIONISUAL MATERIALS Gifts of books and other library materials are gratefully accepted by the Library and will be considered for addition to the collection in accordance with the guidelines detailed in the Materials Selection Policy. · 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 Colleyville Public Library 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 Library to expend the cash on materials, equipment, or a project acceptable to the donor. Cash donations will be deposited into the Colleyville Public Library Donation Fund. Other donations Donation Policy October 2003 Page 1 of 8 such as equipment, stocks, etc. may be accepted, but would be subject to recommendation of the Library Board and approval of the City of Colleyville. o DONATION GUIDELINES Any person or organization making a cash donation of $1,000 or less specifically for the purchase of materials in memorial to or in honor of named individuals may write a check to the Colleyville Public Library and submit it to the Library Director. These donations will be deposited in the Colleyville Public Library Donation Fund and are exempt from City Council acceptance. Any person or organization making a cash donation greater than $1000 or a donation of art objects or other types of materials to the Colleyville Public Library must complete a Donation Proposal Form (Attachment A) and submit it to the Library Director. 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 Library Director will review the proposal, and forward it to the Library Board. The Library Board will discuss the donation proposal and make a recommendation, which will be forwarded 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. 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 the Library Board may submit the request to the City Council for approval. o 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 Library should understand that it might someday be sold or disposed of in the best interest of the Library. However, the donor should be assured that no donation shall be disposed of in a careless manner. Donation Policy October 2003 Page 2 of 8 o RECOGNITION OF DONATIONS When an individual or organization gives a cash donation to the Library for the purchase of books, periodicals, or audio/visual materials, a bookplate naming the donor and/or an individual being honored will be placed on each item. In order that the Library can properly honor the generosity, a Donation Recognition Form (Attachment B) must be completed. A letter from the Library indicating receipt of the gift will be sent to the donor. 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 Library 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. o RECEIPTS The Library 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) o ACCEPTANCE OF POLICY When accepting donations of greater value, the City of Colleyville may require the donor to sign an acceptance of policy form. o SOLICITATION OF GIFTS The Library will work with the Friends of the Colleyville Public Library and the Colleyville Public Library Foundation to develop appropriate methods for the solicitation of some gifts. Depending on the wishes of the donors, some donations may be referred to the Colleyville Public Library Foundation or the Friends of the Colleyville Public Library. o REVSIONS The staff and Library Board of the Colleyville Public Library will review the Donations Policy periodically, and reserve the right to recommend changes at any time. Donation Policy October 2003 Page 3 of 8 city Of ccemCl> COLLEYVILLE PUBLIC LIBRARY Texa!'> To: Attention: City of Colleyville Library Director Date: Name: Address: Zip Code: City: State: Telephone Numbers: Home: Work: I respectfully submit the following proposal for a donation to the Colleyville Public Library. I have read and understand the Donation Policy of the Colleyville Public Library. Further, I agree that the provisions are acceptable. Detailed description of Donation: Value of Donation: Donation Stipulations (if any): Pictures and/or detailed drawings: D Attached D None D Not Applicable Signature of Donor: Date: Received by: Date: Donation Policy October 2003 Page 4 of 8 For office use only: DO NOT WRITE BELOW THIS BOX Reviewed By: Date: Library Director Recommendations/Comments: Reviewed By: Date: Library Board Recommendations/Comments: Approved By: Date: City of Colleyville Modifications, if any: Disapproved by: Date: City of Colleyville ATTACHMENT A Donation Policy October 2003 Page 5 of 8 city Of .ce COLLEYVILLE PUBLIC LIBRARY Texa!'> Date: Name: Address: City: Telephone Numbers: State: Zip Code: Home: Work: IIwe have read and understand the Donation Policy of the Colleyville Public Library. Further, I/we agree that the provisions are acceptable and would like to contribute $ for material(s) to be placed in the library. As a Memorial for: Or In Honor of: On the occasion of a...: D Birthday D Wedding Anniversary D Graduation D Birth D Other (please specify): The subject matter we prefer for this material is (please specify): The format we ~fer is: D Book D Periodical D CD D DVD U Other (please specify): The Library will notify the following that this donation has been added to the Library's collection in memory of or honoring the above. In the space provided, please indicate the relationship between the honoree and the person(s) to be notified of the donation. Relationship: Name(s) of Person(s) to be notified: Donation Policy October 2003 Page 6 of 8 Address(es) of Person(s) to be notified: Donor(s) Information Name of donor(s): Address(es) of donor(s): Signature of Donor: Date: Received by: The original of this form goes to the donor and the Colleyville Public Library will retain a duplicate. A TT ACHMENT B Donation Policy October 2003 Page 7 of 8 city Of .ce COLLEYVILLE PUBLIC LIBRARY Texa!'> Date: Name: Address: City: Telephone Numbers: Home: State: Zip Code: Work: The above named has donated books and/or other Library materials to the Colleyville Public Library. This form will serve as a receipt for purposes of income tax deduction. This donation is made with the understanding that such materials may be added to the Library's collection if they meet the criteria of the collection development policy. Donated items will not be returned. Signature of donor: Signature of staff member: Number of items: Description of Items: The original of this form goes to the donor and the Colleyville Public Library will retain a duplicate. A IT ACHMENT C Donation Policy October 2003 Page 8 of 8 RESOLUTION R-03-2154 A RESOLUTION AMENDING RESOLUTION R-99-1464 SETTING THE PARKS AND RECREATION DONATION POLICY WHEREAS, the City of Colleyville desires to provide a consistent basis for the consideration and acceptance of donations of equipment, structures, and cash to the city's Parks and Recreation Department. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville adopts a City of Colleyville Parks and Recreation Donation Policy. (Exhibit "A"). Sec. 2. THAT a Parks and Recreation Donation Committee, which shall consist of related committee members of the item donated and two (2) Parks and Recreation Advisory board members, will be established to review proposed donations and make a recommendation to the Parks and Recreation advisory Board. The Parks and Recreation Advisory Board will prepare a recommendation to the City Council for final approval. Sec. 3. THAT a donation fund will be established for the purpose of accepting cash donations for the City of Colleyville Parks and Recreation Department. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ..5' AYES, 0 NAYS AND D ABSTENTIONS ON THIS THE o?~ "M DAY OF J"Y/ ~ 2003. A~~~f/4?0 Cynthia Singleton, TRMC City Secretary CITY OF COLLEYVILLE: ds;;r~ (j~ Donna Arp '-' -0> Mayor Exhibit "A" City of Colleyville Parks and Recreation Department Donation Policy Statement of Purpose The purpose of this policy is to provide a consistent basis for the consideration and acceptance of donations of equipment, structures, and/or cash to the City's Parks and Recreation Department. Definitions 1. A donor is a person or an entity that provides a gift, grant or contribution directed to a specific fund, project or event. Donations may include, but are not limited to, money, recreational and capital equipment, landscaping, structures, fencing and art. 2. Facility is all City of Colleyville parks, buildings and amenities. 3. Donation Fund is a special fund established for the purpose of cash contributions for the City of Colleyville's Parks and Recreation Department. Procedures 1. Any person or organization considering making a donation to the City of Colleyville's Parks and Recreation Department should submit a proposal, in writing, to the Parks and Recreation Manager or his/her designee. (See attached Donation Form.) 2. The proposal should include a complete description of the donation, and to the extent applicable, pictures and/or detailed drawings, preferred location of the donation and any necessary installation and/or construction details, value of donations and any stipulations concerning the donation. 3. The following guidelines will be used in consideration of the donor's request: A. The responsibility for all costs related to the design, construction, purchase and installation. B. The design of all donated items for public park use, exposure to vandalism, and wear due to exposure to extreme weather elements. C. Any necessary replacement or repair costs to the item will be the responsibility of the donor. 4. The Parks and Recreation Manager or his/her designee will review the proposal and make any comments and recommendations deemed necessary. 5. The donor must submit a request, in writing, to include the description, size, wording and proposed location of any donor plate to be placed on the donated item. The following guidelines will be used for the donor plate request: A. The donor will be responsible for all costs related to the design, construction, purchase and installation. B. All donor plates shall be made of bronze, or similar approved materials. C. The donor plate will be mounted on the item or as determined appropriate by the Parks and Recreation Manager or his/her designee. D. For the purpose of this policy, no donor plates that serve the purpose of advertising will be allowed. In cases where contributions have been in support of the Parks and Recreation Department, consideration will be given for approving the acknowledgment of the donor(s). 6. The Parks and Recreation Manager or his/her designee will forward all donation proposals along with comments and recommendations to the Parks and Recreation Donation Committee, which shall consist of the related committee members of the item donated and two (2) Parks and Recreation Advisory Board members. 7. The Parks and Recreation Donation Committee will review the proposed donation and make a recommendation to the Parks and Recreation Advisory Board. The Parks and Recreation Advisory Board will submit a recommendation to the City Council for final approval. 8. The City of Colleyville reserves the right to accept or reject any item submitted for approval. 9. The potential donor reserves the right to withdraw the proposed item at any time during the approval process. 10. All item(s) will be considered for acceptance on an item by item basis. 11. All accepted donations to the City's Parks and Recreation Department will become the property of the City of Colleyville and will be used at the discretion of the city. 12. The City of Colleyville reserves the right to modify or remove a donated item as determined necessary by the Parks and Recreation Manager or his/her designee for accessibility, safety and/or ease of maintenance should anyone or combination of the following occur: A. The donated item becomes a hazard to the general public as may be determined by the City. B. Another use more beneficial to the general public occurs. This may include park improvements or future development, relocation or park equipment/amenities or other use of the property deemed of higher benefit to the general public. C. The City, at its sole discretion, reserves the right to make use of the area should it be necessary for the installation of any public utilities or other public improvements, the relocation of which shall be the responsibility of the City, subject to notification by City of donor(s). 13. A permanent location may be designated in each park site where donations will be recognized with the item donated, the name of the donor and the date. 14. Cash donations will be deposited into a Donation Fund. The Parks and Recreation Donation Committee and the Parks and Recreation Advisory Board will make recommendations to the City Council for the expenditure of these funds. Amended 05/05/03 3 Colleyville Parks and Recreation Donation Form Proposed Donation Donor(s) Proposed Donation Description (Include a complete description and If applicable, photos or detailed drawings. Attach addItIonal pageslfnecessar~) Estimated Value Preferred Location Stipulations For Office Use only Parks and Recreation Donation Committee Parks and Recreation Advisory Board City Council Recommendation Comments D Approve D Denied D Approve D Denied D Approve D Denied 4 RESOLUTION R-04-2352 A RESOLUTION PROVIDING FOR A CITYWIDE DONATION POLICY WHEREAS, the Colleyville Center Advisory Committee, Parks and Recreation Advisory Board and the Colleyville Public Library Board have separate policies for the consideration and acceptance of donations, equipment, structures, and cash to the City; and WHEREAS, the City of Colleyville desires to provide a consistent basis for the consideration and acceptance of donations, equipment, structures, and cash to the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville adopts the Citywide Donation Policy, hereby attached as Exhibit "A". Sec. 2. THAT the Citywide Donation Policy and Donation and Transfer of Title Form shall take precedent in case of any conflict with other donation policies as approved by the various advisory Boards, Commissions and Committees. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THE DAY OF AYES, NAYS AND 2004. ABSTENTIONS ON THIS ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor Exhibit "A" CITY OF COLLEVILLE DONATION POLICY The City of Colleyville encourages donations to the City in support of its programs, services, collections and facilities, for the enhancement of Colleyville. The purpose of this donation policy is to provide a consistent and uniform policy for donation to the City of Colleyville; and to provide the donor knowledge of the policies under which the donation is given and accepted. All boards, commissions, committees, and City Council shall comply with this policy. All departments and employees of the City of Colleyville remain subject to the City of Colleyville Personnel Policy and Procedures Manual, however employees and departments shall comply with these policies. In the event additional policies of the Colleyville Center, the Library, the Parks Department, or any other City of Colleyville entity conflict with this City of Colleyville Donation Policy, this policy shall take precedent and supersede the policies of those entities. All donations shall be made to the City of Colleyville by use of the uniform City of Colleyville Donation and Transfer of Title form. Specifications including plans, drawings, photographs, or details pertinent to the donated item, including anticipated annual operating cost, shall be attached as a part of the form. All spaces on the form shall be completed or noted if not applicable. Any special stipulations, including location and use of a donation, shall be established in the Stipulation section of the Transfer of Title form. If no such stipulation is recorded on the form or the addendum as a part of that section, the City shall have the right to use the donation as determined by the City, free of encumbrances. The City reserves the right to refuse a donation. The donor reserves the right to withdraw the donation before formal acceptance by City Council. In a multi-item donation, items may be accepted on an item-by-item basis. Items donated for exhibit will be subject to a rotation of exhibit time in order to provide a variety of exhibits, and to protect items adversely affected by exhibition. The City shall have the right to determine times of exhibit. Proper preservation and care of donated item(s) shall be defined under Stipulations if necessary. The City of Colleyville shall not place a monetary value on a donated item; nor shall the City issue a receipt or record a monetary value that has been determined by the donor. Subsequent City insurance/accounting valuations necessary to meet standard city procedures are separate and apart from the donation process. When both the signature of the Donor and of the Mayor, representing the City Council's approval, complete the Donation and Transfer of Title document, the donation becomes the property of the City of Colleyville. A copy of the completed Donation and Transfer of Title form shall be given to the Donor as the donor's record of donation. Donations of funds are welcome. The City shall expend those funds on materials, equipment or projects acceptable to the donor if requested. Donated funds shall be deposited in donation fund accounts when defined, and shall not be intermingled with the General Fund or donation fund accounts of other departments, boards or committees. Funds and services-in-kind provided to City of Colleyville sponsored events Celebrate Colleyville and Colleyville Proud Clean Sweep shall comply with this policy in the form of a final report. Funds below ($100) ($250) ($500) (level to be determined bv City Council) will be excluded from these policies. Loans of items shall not be accepted by the City of Colleyville. Exceptions for special items or events shall be evaluated by the City Council, and require approval by the City Council. CITY OF COLLEYVILLE DONATION AND TRANSFER OF TITLE l!We hereby give, assign, transfer, and set over to the City of Colleyville all of my rights, title, and interest in the materials described below: Funds Stipulations (if any) Specifications/Plans/Photos/Annual cost to city: Attached None I have read and understand the Donation Policy of the City of Colleyville, and accept the provisions of that policy. Signature of Donor(s) Date Date Address of Donor City State ZIP Phone Numbers: Home Office RECEIVED by Department or Board By Date Council Approval Date Resolution/Ordinance Number ACCEPTED for and in behalf of the City of Colleyville By Date Mayor, City of Colleyville Accession Number CITY COUNCIL ca@nCll AGENDA BRIEFING 1"t'=,,;:\:; MEETING DATE: ITEM#: i RESOLUTION #: ! ; 04/06/04 CITY MANAGER i i 13 DEPARTMENT HEAD I ! R-04-2353 FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Declaring Planning and Zoning Commission Position 6 Vacant due to Council removal Reading and Public Hearing This item has been placed on the City Council agenda at the request of a Councilmember. (See attached). Recommendation Approval Attachments . Councilmember Dolan memorandum, dated March 30, 2004 . Planning and Zoning Application . Resolution R-04-2353 FROM PHONE NO. Mar. 31 2004 02:11PM P3 March 30,2004 TO: WILLIAM LINDLEY RE: REMOVAL OF MARK JONES FROM PLANNING AND ZONING PLACE 6 Through Open Records gathered by the local press, it has come to all of our attention that Mark Jones, Planning and Zoning Commissioner, Place 6, did not disclose his criminal history upon making application for this appointment. I believe this is a serious ethical and moral lapse and reflects upon his judgmental abilities acting on behalf of the citizens ofColleyville. We deserve honesty and integrity in our public officials. While lapses in behavior are hwnan and understandable, lapses in the ethical behavior can not be tolerated. Mr. Jones made a serious mistake in not disclosing this information on the application.. I wish an item placed on the Agenda for the April 6th conncil Meeting to remove Mr. Jones from the Planning and Zoning Corrnnission effective immediately. ~ Elaine H. Dolan CitY or DC9 SEP 1 0 2003 ~~~u'W~ TexaS Application for Appoint CITY SECRETARY'S OFFICF Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms (2) two business days after the application deadline as advertised in the Public Notice. These forms are available on the City's website at <htto://www.collewille.com/boards/aoolication.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:B17-540-1021 A. (First) (M I) COLLEYVILLE, TX. 76034 Work Telephone:214-B01-7626 Email Address_ Fax:B17 -540-6527 Board, Commission or Committee Appointment Desired: P&Z Commission Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) BBA, NORTH TEXAS STATE UNIVERSITY, SENIOR EXECUTIVE TELECOMUNICATIONS INDUSTRY WITH BOTH DOMESTIC AND INTERNATIONAL BUSINESS DEVELOPMENT EXPERIENCE, CURRENT COLLEYVILLE PLANNING AND ZONING COMMISSIONER Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) HAVING RETIRED FROM CORPORATE LIFE DUE TO MEDICAL LIMITATIONS I DESIRE TO CONTINUE SERVING COLLEYVILLE AND HER CITIZENS BY VOLUTEERING MY TIME AND EFFORTS WHILE LEVERAGING MY BUSINESS DEVELOPMENT AND P&Z EXPERIENCE, PROVIDE CONTINUITY WHILE WORKING TO COMPLETE THE MASTER PLAN UPDATE, UTILIZE MY PAST P&Z EXPERIENCE AND TRAINING TO CONTINUE WORKING ON THE VARIOUS ZONING AND PLATING OPPORTUNITIES PRESENTED TO THE CITY. Do you understand that attendance and active support is required for each appointee? ,I _X_ yes no Signature: _Mark A. Jones Date: September g, 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, Colleyvllle, Texas 76034, Phone: 817.5n.7575 Fax: 817.5n.7555 RESOLUTION R-04-2353 A RESOLUTION DECLARING PLANNING AND ZONING COMMISSION POSITION 6 VACANT DUE TO COUNCIL REMOVAL WHEREAS, the Colleyville City Council desires to remove Planning and Zoning Commissioner Mark Jones. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council declares the Planning and Zoning Commission position 6 vacant due to removal. AND IT IS SO RESOLVED. AYES, DAY OF NAYS AND PASSED BY A VOTE OF ABSTENTIONS ON THE 2004. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC Secretary Joe Hocutt Mayor CITY COUNCIL cc@n<a AGENDA BRIEFING "'l":-;~$ MEETING DATE: ITEM#: i RESOLUTION #: i 04/06/04 14 R-04-2354 CITY MANAGER i DEPARTMENT HEAD FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: To override the Mayor's veto of Resolution R-04- 2344, appointing members to the Planning and Zoning Commission Reading and Public Hearing This item provides for the Council's consideration of the Mayor's veto of Resolution R-04-2344, 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-04-2344 . Resolution R-04-2354 City of THE CITY OF COLLEYVILLE TEXAS Texas JOE HOCUTT MAYOR ., ~ lIAR 1 8 Dl4 CITY SECRETARY'S ---- - -- OFFlCf To: Cynthia Singleton, City Secretary Colleyville City Council RE: R-04-2344 Planning & Zoning Commission Appointments During the election I made a commitment to the citizens of Colleyville to move our city forward in a positive manner, beyond the politics that impugn our city's reputation. The appointments approved perpetuate the past and do not represent the majority of Colleyville's citizens. This leaves me no other option but to veto Resolution R-04-2344. 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. 1 00 MAIN STREET COLLEYVILLE, TX 76034 817.503.1140 FAX 817.503.1139 ;.: o . ::E ... c......: 0....'U u~ .~,Q'" ,,- >-.. = If'!:= :.= u': ~-; .~iC.o.go1;::-!: '::.!!c5 -......... . ~ .S! :. c c U .. -C:.c-""'=:.". >-.2>>.: .g :: r = : : (I) c · ... iC III ... ... .2.... ., >-.2 ==::" 1.-.... c'':. !:~: :=~.U~ .2"~o"'Ec.-=".o .~O.;,,02'U-=&. ,Q>->-~ E:".2-c ~;;a~c'5<<5-=.o8. ~ .-.2c:>_Q,,,= ., . " :! '$ = -. .2 :: -= -= 0 <<5 o'i U :,= ~ ~ o>-...O~.cO.! =~;i!~:~.2..!! 8.;-..:-.!~.=i ..-oo=cc.. E ~~!c ,g".,g.5E -.-.." 'U. 'U'- >-!]= ~ c:"; u;.". .ou.,!-:8 .o.:~'~ 'U. .:.c-'U-u .(I)~.'U. 0=" Q,,, Q.~--=o:l~.:8.!!=; o._cc "'oco 'UO.!2'o. c.....- a,c. : ,,=~-= s !J~:88 E. c~o ".. u= CD .,g:';g~';o==;:lJ~ =o..~u.~ " _ o.~.iC=~"~.'=~ "2"~ .......~.;: .i::"->-.cE 0"Q, ';0;'U,Q=~=S8.C c..':..o ucE-: .-=~ uo=~1.tl.='U =cg::> .g-:;a-.E.; g'-(I)" 'U....,o'!!~e c ". 0"0- ~ -: = ~ -= j g..: 0 . ~:!. '6 ~ :>.,g .:.... ~ -: ! -=" . oaeuoc..e.=l Q,Jt. >- a ~ u Q,. .. _ = . Q..Q · <<) C e ~= S :aa. C,Q.a2!.Q,....a ,... a: w ..... III 0 r.r. m t- - r:::- ,'" - a: ;..... ~ '0 -< ~ - ". ct -..I 0 r ' , J: ....I .~ LU l- e..> <( 0 ,Q o Ii > .., - CO; c .S! U CII CO @ I:==J RESOLUTION R.Q4.2344 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 David Dudziak . Place 6 Tom Hart . Place 7 Luann Edwards AND IT IS SO RESOLVED. APPROVED THIS AYES, DAY OF NAYS AND 2004, BY A VOTE OF ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE VETOED MARCH 18, 2004. Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor RESOLUTION R-04-2354 A RESOLUTION TO OVERRIDE THE MAYOR'S VETO OF RESOLUTION R-04-2344 APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION WHEREAS, Mayor Hocutt has vetoed Resolution R-04-2344, 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-04-2344, 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 ell)" O( CCe<1l AGENDA BRIEFING {L~;'I;.,$ ITEM#: \ 04/06/04 15 R-04-2355 CITY MANAGER i MEETING DATE: i ; i RESOLUTION #: I DEPARTMENT HEAD . FINANCE REVIEW ! ! Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT : Consideration of appointments to the Planning and Zoning Commission Reading and Public Hearing On March 18, 2004, Mayor Hocutt vetoed Resolution R-04-2344, which was approved by City Council on March 16, 2004, 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 . Mayor Hocutt's Veto letter . Applications for Appointment . Financial Disclosure and Business Conflict of Interest forms - Michael Brady . Resolution R-04-2355 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 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 TERM: September 2002 - 2004 PLACE 3 Earl Swift 207 Virginia Square COlleyville, TX 76034 H: 817.498.8780 F: 214.855.1962 TERM: September 2002 - 2004 -------------.--- .------- -._----------- --- PLACE 4 Jeffrey Wall 7900 Jefferson Circle Colleyville, TX 76034 W: 817.577.0698 H: 817.577.0698 F: 817.281.1698 TERM: September 2002 - 2004 PLACE 5 VACANT TERM: September 2003 - 2005 PLACE 6 Mark Jones 3604 Wexford Court Colleyville, TX 76034 W: 214.801.7626 H: 817.540.1021 F: 817.540.6527 TERM: September 2001 - March 2004 ---- ---"----.--- '--"---.. -----.. ---.----------- PLACE 7 VACANT LIAISON Jon Ayers 4808 Meandering Way Colleyville, TX 76034 W: 817.267.9009 H: 817.267.1630 F: 817.318.0663 M: 972.571.6647 TERM: September 2003 - 2005 -. -------------------.--------- ---- ---.------- LIAISON Mark Skinner 4108 Greenway Court Colleyville, TX 76034 W: 214.957.1834 H: 817.498.5698 F: 817.514.6664 M: 214.957.1834 Revised 02/18/04 City of T HE CITY OF COLLEYVILLE TEXAS Texas JOE HOCUTT MAYOR , , lIAR 1 8 2004 CITY SECRETARY'S ------- . OFFICf To: Cynthia Singleton, City Secretary Colleyville City Council RE: R-04-2344 Planning & Zoning Commission Appointments During the election I made a commitment to the citizens of Colleyville to move our city forward in a positive manner, beyond the politics that impugn our city's reputation. The appointments approved perpetuate the past and do not represent the majority of Colleyville's citizens. This leaves me no other option but to veto Resolution R-04-2344. 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. 1 00 MAIN STREET COLLEYVILLE, TX 76034 817.503.1140 FAX 817.503.1139 cuy or TIe lE~~~W~ Tex.. SEP 1 0 2003 Application for Appoint 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:IJwww.colleWllle.com/boards/aOOlication.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. Email Address_ (First) (MI) COLLEYVILLE, TX. 76034 Work T eJephone:214-80 1-7626 Fax:817 -540-6527 Board, Commission or Committee A ointment Desired: P&Z Commission Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) BBA, NORTH TEXAS STATE UNIVERSITY, SENIOR EXECUTIVE TELECOMUNICATIONS INDUSTRY WITH BOTH DOMESTIC AND INTERNATIONAL BUSINESS DEVELOPMENT EXPERIENCE, CURRENT COLLEYVILLE PLANNING AND ZONING COMMISSIONER Reasons for Serving: (state briefly the contributions you can make to this appointmenl 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. I Do you understand that attendance and active support is required for each appointee? _X_ yes no Signature: _Mark A. Jones Date: September 9,2003 Once the City Council has filled a position, your application wi'll be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary P.O. Box 1B5, Collepllle, rexas 71034, Phone: B17.577.7575 Fax: B17.5n.75S5 City O( TIe SEP 1 7 2003 1'ex.' Application for Appoint 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:llwww.collewille.com/boards/aootication.aSD> or by contacting the City Secretary at 817.5n.7575, exl. 203. CITY SECRETARY'S OFFICf Ms. Mrs. Mr. Name: Dudziak Dave (Last) (First) Address: 2301 Wilkes Court COlleYVille, TX 76034 Home Telephone: (817) 421-8789 Work Telephone: - G. (MI) Email Address: Fax: (817) 429-8008 Ext 224 (817) 446-4486 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\remodeting 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 concerns on matters that come before the Committee. Experienced working within Colleyville to develop & complete the redevelopment of Kimze Park. President of the Ross Downs HOA for the ast 3 ears. 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. I Do you understand that attendance and active support is required for each appointee? I _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, Colleyvil/e, Texas 76034, Phone: 817.577.7575 Fax: 817..577.7555 Ms. Mrs. -...UiJ Name: SEP 17 ms 'rex... C!nr Of 1".,.., =--".rl ~ I Application for AppOintment . \A.._.._. . '_~ I Taylor Michael (Last) (First) Address: 5016 Chelsea Drive, Coflevville Home Telephone: 817-267-5407 Work Telephone: 817-366-5557 (M) 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, GCISD DEC Committee. Policy Advisory Board Rep. Vicki Truitt. Tarrant County Crimestoppers BOD, HE Tarrant County Chamber BOD, Chair Business & Industry Advisory Board for Rep Vicki Truitt. Former positions on CV City Council, CV CEDC, CV CCPD, CV TIFRZ Board, SH-26 Advisory Committee, 1991 Bond Committee, GCISD 2002 Long Rang Planning Committee, Exec Dir HEB Economic Development Foundation, Chair Transportation Advisory Board '98-'02 for Rep. Vicki Truitt, NE Tarrant Arts Council. Tarrant County Crime Stoppers BOD. Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board. Commission. or Committee) I've been priviledged to serve our city in various positions and will bring a working knowledge of the city, transportation and professional economic development experience to the P&Z Commission that will help to enhance the debate among all members. I believe our development buildout is bright, but challenging, and I have a positive outlook for the challenges and opportunities we face. As a small business owner and resident, I have been affected by many of the same situations Colleyville faces today and have first hand experience that can be shared with the commis.sion members and applicants. Do you understand that attendance and active support is required for each appointee? XX yes no -, Signature: Date: September 17. 2003 Once the City ncil has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary P.O. Box 185, ColJeyvilJe, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555 J'ex.. ~fECIEU~fE n~ SEP 1 7 DB Application for Appoin CITY SECRETARY'S OFFICF Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial OtscIosunt and Business Conflict of Interest forms (2) two business dllfl after the application deldline as advertised in the Public Notice. These forms are available on ,..Oy's website at <httD:/lwww.colteVVille.comlboardslaDDlication.aso> or by contacting the City Secretary at 817.5n.7575. hi. 203. Ms. Mrs. ~) Name: flit id,qe.1 :r. eMf) Vea,....rs . Reasons for Serving: estate briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) -e.l ? ~.- f.v."i"'''55",,~ t 'esi:lt!.-c.~ F.vke- J i..,J,e"f- ~... { L <. d- L-i.:; t:: cf +;.. 't:i tr (""v'd. ~ Do you understand that attendance and active support is required for each apPOintee? Lyes _no Date: 'b- ?5-[;3 Signature: Once the City Council has filled a po lon, your application will be removed from the" and you must reapply for future openings. This information will become a Public Record. City se<:retiJry P. O. Box 115. Co//eyll/1I7 7."U, Phone: '17.Sn.757S Fer. '17.sn.7-" Application for Appoint Tex.- CITY SEe Planning and Zoning Commission and Zoning Board Adjustment OFfl applicants are required to file Financial Disclosure and Business Co es orms (2) two business days after the application deadline 85 advertised in the Public Notice. These forms are available on the City's website at <htlo:llwww.collewille.com/boardS/aOOlication.aso> or by contacting the City Secretary 8t817.577.7575. ex!. 203. Ms. Mrs. Mr. Name: Hart Tom F. 1717 Avondale COlleYVille. TX 76034 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 I Do you understand that attendance and active support is required for each appointee? I _x_ yes no I Signature:_ Tom Hart Oate:_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 llC5 SEP 1 8 ZOO3 "Tex.. Application for Appointme t CITY SECRETARY'S OFF'CF Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial D~SClosure and. Bus~n... Con~ict of .'nterest forms (2) two bUSiness days after the application deadline as advertised In the PublIC Notice. These forms are allailable on the City's website at <httD:/IWWW.collevville.cOmJboardslaDDlication.aSD> or by contactmg the City Secretary at 817.5n.7575, eXl 203. Ms. Mrs. Mr Name: Gasper Jo Ann (Last) (First) Address: 4103 Paddington Ln, COlleYVille, TX 76034 Home Telephone: 817-498-2671 Work Telephone: 817-498-2671 Email Address: _ Fax: 817-5n-2712 Board. Commission or Committee Appointment Desired: Planning & Zoning Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) MBA, University of Dallas Graduate School of Management 2 years Colleyville Planning & Zoning (1 year Chairman) 30 years management and executive experience including: head of federal agency with $154 minion bud et and 8 ears ovemment executive. Broad experience includes: health, social services, education, research and develo ment 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 Ian is res onsive to all members of the commun' and rornotes the common oDd My broad experience and analytical skills can enhance the operation of P&Z. (MI) Do you understand that attendance and active support is required for each appointee? _ yes no Signature: Date: fI-;Ptt?3 Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. Thia infonnation will become a Public Record. City Secretary P.O. Sox 185, Colleyville, rex6s 76034, Phone.. 817.sn.7575 F6X: 817.577.7555 A TrIJ: c.'1 r.J 'Tl-\ I A SltJG1..L ~ n~ 5EP 1 B 2D03 Application for Appointm nt CITY SECRETARY'S OFFICF Planning IlKS Zoning Commillion and Zoning Ba8rd of AdjuItrnent applicants are required to tile FiMnCiaI DIIdOlUfe and Buem.. CanIIicI or tntIerest forms (2) two buSiness dllya .ner 1he .'cdon deadUne . edwrtlld In ... Public NaIIce. These forma are available on the City's website at <hIID'/Iwww.coIhwville_~.~Icatian."D> or by contacting the CIty s..,vWy lit 817 .sn. 7575, ext. 203. Ms. Mrs. Mr. E D-.J -..c. 0 !t L\JA ItJ ,.J (Last) (First) Address: ~~ D W. c",.AO a. e I). Home Telephone: 6'1 '4'16.0 I.;' c. Work Telephone: ~I'" 6'- 3 . S' 5 iC; EmailAddress: _ Fax: Board, Commission or Committee Appointment Desired: "''-....hI ,"\r. Zo.J I tJ(r Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) (. 't i. II\. Co & enJ "p .. z.. O\) E.&. ,~"/ E.. ~~ (MI) Name: ,.., \Ie L.~ ~o , N l..OC.A.... r.,vLe....,,,,, ~'T . 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) Ie "~~UllE. ~'~.s., G.U~L.IT\f t)e.Vr:.L.o';)~LWT. Go1"\-4 It ~ E:a I D ~ ..J "t\ '" \.. .. Go ""'" "" E.L c-\ ~ l.. I , \oJ Co L..'- r:. Y V I&..&. E . Do you understand that attend~ce and active support is required for each appointee? ~yes _no - Date:~ I , 8/';'00 3 Once th C uncil 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 RecDrd. City Secretary P.O. Box 115, Co/leyvllll, Tuu 76034, "hone; B17.577.7575 F.x: 817.577.7555 Crrv Of CoKeYVII~ INFORMATION STATEMENT I:'nanclll DISClosure and Business Conl',cl C" Im""es' =~r'T1~ Form 1 Filed In accordance with OrdInance 02-1322 For more information see INSTRUCTION GUIDE TDT~ ":~..!!~R Or' ""G~!' e.~~ , NAME Tfll.! "IIST WI /YI ,'vIv:, e., I OFFICE USE ONLY - ....J . SEP J 7 2D03 NY"'....,.:; lAc:r ~I",. 2 ADDRESS A:l::Ht!SS ,C:T"w.' S.UT!: Z'I'" /3ra...dy (p y" I ~ff-e.r e.i c(, e C:f-. Colleyvillel T1f 7U?tJ3tf CITY SECRETARY'S OFFICF 3 TELEPHONE NUMBER "'''iACO.Jii ....~= "....IA. iXTlNSICItII "-- _. ( 3/7) (p '510- ::J. <.f ~ / .Joo._ ::a.. _ 4 REASON FOR FILING STATEMENT o CANDIDATE o ELECTED OFFICIAL (INDICATE C\~ICE) o ZONING BOARD OF ADJUSTMENT IAPPlICANTORAPPOINTEEl ~ PLANNING AND ZONING COMMISSION {APPLICANT OR APPOINTEE) ~u ~ .-. ~ [] TWO (2) BUSINESS DAYS FOLLOWING THE CLOSING OF FlUNG FOR ELECTIVE OFFICE OR APPOINTMENT o CHANGES TO BE FILED JANUARY 15TH o CHANGES TO BE FILED JULY 15TH [] SUPPLEMENTAL CHANGES rlND:CATE cr'-let) I: PrCMoe mtormation lor Spouse and dependent children wnose tmanClal acnvny ttle hler had actual control aver Ounng th:s II"ng pencd I~ addition. the source ot annual Income 01 the spouse shaH be Provided. as sUbJeCt te federal election reporting requlrernents for a SPOUse. I s&POUSE L; b "'f".., W . ~ rtL-~ 9Q DEPENDENT CHILD 1 r {~CI( 13tAny 2 I I , 0 NO C HA NGE I do " he'e mily Tha' There no; been no ohange, ""e 'he P'ev,o", '''ng 0' The Froan"al D,,,,,o,"~ I and BUSiness Conflict 01 Interest Forms. PLEASE SEE FORM e I 3 COpy AND ATTA ADornONAL PAGES AS NECESSARY DATE -~""!r~3___ INITIAL ~ER= CrlV 01 COlIsYYl11e ~'nan~1 DIsclosure and Business ConfliCT c' lnr"'es' =:-"'T'< SOURCES OF OCCUPATIONAL INCOME Form 21 When repol'1lng .nformatlon about a dependent child's actIVIty. Indicate the Child about Whom you are reponing Dy provIdIng lne numDer unQer which the child IS listed on FORM 1, , INFORMATION RELATES TO 2 EMPLOYMENT o ~M:>LO'{1:D BY ANOi'H1:A ~L= EM"'LOYED INFORMATION RELATES TO EMPLOYMENT C ~M:>LOYED BY ANOTH:R ~::L = ::M"'LOV:D INFORMATION RELATES TO EMPLOYMEN7 L ::M=>lOYED BY ANOTH:R [j S~~= <O:M=LOY::D I ~~JlER o SPOUSe o DEPENDENT CHILD NoUotE "NO "OORESS OF' EMPlOYl:A IPO!lrT1ON ME~C ~ -h-u-'f .;L I L eAJI,. ~ E ~ e... q ;2L) 5. l'?1a-i'7 Sf-: ../1/ ~7) &'v-cy;e VI. 11. of I ~ 7" os-I NATUIlC or OCCUPATION I NAME ANO ADOIlESS , POsrnON HE:!: B ro/<e ,,- o ~llEA ~POUSE o DEPENDENT CHIL.D NAMe "NO "DOIlESS OF' EMPLOYER" POSITION HELD ~r Olf L~~'1) Eaje.. q~o 5. ~ $r I~-o b, rt-t~ v..~"~o~:,~!f..", ..:.:'€~~"C~ (l1/.h1 e-r I () f-he e ~~ er o =IL:R o 5"0",5: o D:C:ND:NT CHIL.D "~AM: I.~':: A~~!:'$:: ~ !:~~~:,y~.q' D~~rno" H!:~: t.AlTURe or OCCUPATIO'" COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL H~R:: tS DATE __~"/~~1J Crrv of COll.-vII.Ue ~Inanaal Olsclosure and Business CC'nfil::'T c' Inreres' =,:rm~ INTERESTS IN REAL PROPERTY Form 3 DeScrIbe a/l benefICial Interests In real property hekj or aCQuIred by you. your spouse. or a dependent child durrng ttle calendar year Wltnln the area crosShatcned on the map anached to OrdInance 02-1322. For more Information see INSTRUCTION GUIDE wnen repornng Intormallon aDour a 08pendent cnilcrs actMty. Indrcate the cnild about wnom you are reponing oy provlolng the number under whlCtl the child IS listed on Form 1. , HELD OR ACaUIRED BY o FILER o SPOUSE o DEPENDENT CHILD ~ DESCRIPTION Lot City Block C(Jun~ SubdlVtsion Ad Valorum Tax Account Number Acres and Tract 3 STREEi ADDRESS SlREET ADDRESS. INClUDING CITY. COOO'Y. AND STATE o NOT AOCllIC..!K: ~ NAME o INDIVIDUAL o BUSINESS LIST THE NAMES AND ADDRESSES OF OTHER PERSCf>lS OR BUSINESS ENTIT!E~ WHICH 0WtII AN INTEREST IN THE REAl PROPERTY HELD OR ACQUIRED BY o FILER o SPOUS~ o D:PENDENT CHILD < DESCRIPTION I I I I I Lo, City Block -- - -- -------- County _______ _ _.. _. _ SUbdiVISIon - -'--- --- - - -- Advalorum Tay. Account Number r 2 STREET ADDRESS I I I , I - NA ME I I I Acres and Tra~ --.----.- ._-- - - !;TRFF1' 4OnRFS'!:: INC'J un,NC; "JTv ..nUIIITv ANO STATf [J NOT 40CL.!CA8L;: [J INDIVIDUAL :J BUSINESS L'ST THE NAMES AND ADDRESSES OF 01'HER PERSONS OR BUSINESS ENTITIES W~:CH O'N~J M; l~nEP.EST I~; THE REAL PROPEf!"T'f COpy AND ATTACH ADOITIONAL PAGES AS NECESSARY INITIAL HERE - b- --_ DATE -_i~~_~ _ ~ CITY o~ CoHevv/l1e Gifts ~tnancia' Disclosure and BusIness Con'II:' C" '",pres' = '" ,.,.. , Form 4 Identlfy any person or organization that has gIVen a gIft worth more tnan $250 to you. or !nose unCler your finanCIal control as defined In Drd.n&ce 02-1322. Do not InChJde: 1) expendllures reQuIred to be reported by II person r~QUlred 10 be regrSlered as a lobbYist unaer GOl/ernment Code. Chapter 305. 2) political contributions reponed as reoulred by law or 31 gifts gIven by a person related to the recIpient WIthin the secOnd degree by consangulnny or aff,nltv When reDOrtlng Information about a dependent child's actIVity. IndIcate the child about whom you are reponing by or. vld1ng me numoer uncler WhICh the ChIld IS listed on Form'. RECIPiENT Dr=ILER o S~OUSE o DE"ENDENT CHILD DONOR NAY(" ANO ACl'UIE.o;.., - DESCRIPTION OF GIFT RECiPiENT o FILER o DE"ENOENT CHILD DONOR DESCRIPTION OF GIFT RECI PIENT o S~OUS= o OE=ENDENT CHILD DONOR "'''UC "NO "DOlles" INITIAL H::Ri:. DD'T'ONAL PAGES AS NECESSARY DATE __ -9 "J~~Q7 _ Crrv e! CoOevvll1e ~,"ancla' DIsclosure and BusIness Cen/lld C"' Imere;' = -'m~ BOARDS AND EXECUTIVE POSITIONS Form 5 ThiS section IS tor information concerning executive positions and directorship held by you or triose under your finanCial control. For more 'ntormatlon see INSTRUCTION GUIDE When repomng Intormanon aCOUT a dependent child's actIVIty, IndicaTe me cnild about wnom you are reponing oy prOVlorno !he nurr.be~ under \\'h,ch the child IS listed on Form 1. _ 1 POS!TION HELD BY Dr=JLcR o S~USE o Ocl'cNOcNT CHiLD / 2 ORGANIZATION o NON oRO"'IT o . CHAR rTABLE ASSOCIATION [J BUSINESS a.SSOCla.TION ADDRESS 3 POSiTION HELD POSITiON HELD BY o ~ILER ORGANIZATION o NON oRO"'rT o ::HAr.:TA6L::: A$$CCIA1'ION o B~SIN~SS ASSOCIATION POSITION HELD POSITION HELD BY o S"OUS= o DEcENDENT CHILD ORGANIZATION PC;S!:!ON HELD COpy AND ATTACH I~JIT IA~ H::RE TlONAL PAGES AS NECESSARY DATE _ _~~, f,..~Q :; e,rv c' GOM@lv\'tI~ ~'nanclal DISClosure and Business Ccn11C! ("' 1M!!"'es' = ~._ BANKRUPTCIES Form 6 IndividualS snail disclose any bankruPtcy petItion by or against the Individual. the,r spouse. a bUSIness entity In wnlCl'1 me IndivIdual owned a beneficial Interest of 10<;. or more. or a bUSIness entity In whld'1lhe Individual Willi an officer or d"eC1u' oflne buSiness entity at the time 01 bankruptcy filing. Fo~ more informatIOn see INSTRUCTION GUID: , TYPE OF BANKRUPTCY ~ONE D o:ASONA.L o BUStN~SS ON:A NAME I ~ CHAPTER 07 011 o 13 3 IF CHAPTER 7 DID YOU RECEIVE A DISCHARGE DVES ONO 4 IF CHAPTER" OR 13 DID YOU COMPLETE A SUCCESSFUL REORGAN IZATION OV~S ONe Misdemeanor Involving Moral Turpitude and Felonies InOIVIOUalS snail disclose any Informanon which Charges a misdemeanor involving moral turpnuoe. a felony indictment. conVIC1Ion of a mlsoemeanor invoiv,ng moraf turpitude or conVICtIon of a lelony of 1I1e IndIVIdual or of a bUSiness entity :~ wn:ch :11e InO".':Oua1 had a 10% or more benef:C1al :nterest O!' wnere the rnd:vldtJal was at ttle t:me ot 1I1e tiling or c:mvlct.on an officer or drrector of the bUSIness enbTy I' NAME BUSiness or Entity Charged 2 TYPE OF INDICTMENT or INFORMATION I. NATURE OF OFFENSE ! ~ DISPOSITION OF I INDICTMENT or INFORMATION INITIAL HERE COITIONAL PAGES AS NECESSARY DATE _ q/l~O~ Crtv 01 CoNpwil1e FlnanCllI1 DISclosure and Business Con'll~ c' Inrpres' =:-,.,." I,NTERESTS IN PARTNERSHIPS, JOINT VENTURES, Form 7 l I OR OTHER BUSINESS ASSOCIATIONS DeSCribe all Interests rn business entities held or acqUired by you or tnose uncler your financial control as defined In OrdInance 02.1322 'For an explanation of "beneflciallm~resf' and omer specific dlr~Cflons 10r t;om~letln9 ttu!:i seCTion see INSTRUCTION GUIDE, wnen reporting rnformatlon about a dependent child's actiVity. IndIcate the chiid about whom you are repoMlng oy prOVlolng ttle numoer unde~ which the child IS listed on Form 1. 1 HELD OR ACQUIRED BY o ~IL=R ~F'OUS~ o D~?:fo.ID~NT CHILe ~ DESCRIPT!ON HAIlE "NO ADDRESS /I; ..;u --;t;. ~ ~ ~( ~5 tLg<- - ;r 3 NATURE OF BUSINESS U ~ ~ ~ ~ HELD OR ACQUIRED BY o FILER o SF'OUSE o DEF'ENDENT CHILD DESCRIPTiON ....;.....L: AAi:i A6)~"tss I NATURE OF BUSINESS HELD OR ACQUIRED BY o =IL:F'l o soOUS: o DE=>ENDENT CHILD I , I DESCRIPTION I "'''M~ AN., AOOFlCSS I I I I NATURE OF eUSINESS I COpy AND ATTACt; ADDITIONAL PAGES AS NECESSARY " - INITIAL H::RE - ~~ . DATE __q ~Jk'f/JX) ~ 0 CITV 01 COUevv~lE' ~'nancla' DIsclosure and BusIness CC'n'li:'! c' 'n'Dre~' ::_..,-... PERSONAL ANANCIAL STATEMENT Form 8 AFFIDAVIT The Ordinance 02.' 322 reQuires that the disclosures in tI'le FinanCIal Disclosure and Business Confhct of Interest Fonns be verified. The verification page must have the signatures ot the FinanCIal Disclosure and Business Conflict of IntereST Forms. as well as the signature and seal of a notary public. Without proper verification. tI'le statement IS not cons/cered filed. Falsification of information IS subject to criminal prosecution under state penal code. Befo'. me. "e unde"~ned authonly. personally appeared ~ tf;,~ ~ who after being duly sworn upon their oath deposed and stated as follows: "Mynamels.~ ~ and I hereby submit for filing pursuant to Ordrnance No. 0-02-1322 of the City of CoUeyville, the anached Financial Disclosure and Business Confiict of Interest Forms. I have personal knowledge of all information contained in said forms and afl mformation conta!fl~d 10 the forms is true and correct,. "Further. aU of the Information contained in the forms is complete, There is no information that has I I I I I I I I I I I , I I I I J I been Withheld Of nol disclosed which is responsive to or required to be dISClosed by the torms' il Sworn to ana SubSCribed betore me. tI'llS ttle \1-.bd"", 5~~\lw: 2003 .5e ~~ SHERRY CARTER MY c~ EJOIII!.5 March 05, 2005 Sh~,G,~ I Notarv Public Stale of Tell:as INITIA_ HER= OATE q ,,'/ b..... RESOLUTION R-04-2355 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 COUNCIL Cil)' Qf <ceCIl AGENDA BRIEFING T(,,,,<.'\:;. MEETING DATE: i 04/06/04 ITEM #: i 16 ORDINANCE #: i R-04-2328 ! CITY MANAGER I DEPARTMENT HEAD ! ! FINANCE REVIEW i Previous Action: TABLED 03/02/04 DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval of an Agreement with The Buxton Group Consulting Firm to prepare Phase I - Retail Trade Area Determination and Phase II Retail Site Selection and Tenant Analysis and Retail Recruiting Package to assist in developing an Economic Development Plan Reading and Public Hearing - TABLED City Council action to retain the Buxton Group Consulting Firm was deferred at the March 2, 2004, Council meeting to allow an opportunity for staff and the consultant to secure input from developers regarding the scope of services for the retail opportunity report. The developers included Charles Hodges, Kipp Whitman and Richard Myers. On the basis of travel schedules, staff was able to arrange a meeting on March 22, 2004. The meeting was very productive with clarification for the scope of the study and some modifications to the proposed study including: . Four sites will be evaluated during Phase I . The City can provide ten specific retailers will be provided for analysis as part of the Phase II retailer identification . A section will be added under the marketing section of Phase II to review relocation decisions and success of recent regional retailers With the above modifications, The Buxton Group Consulting Firm was willing to honor the original $60,000 cost proposal. The purpose of this type of study will be to identify the retail trade area and spending habits for Colleyville shoppers. This type of information would be used to enhance and pursue economic development opportunities. Joseph Fackel, Vice President, Community Division, The Buxton Group Consulting Firm, will be attending the meeting to answer questions of the Council. Reading and Public Hearing At the February 3, 2004, Council meeting, the Council directed the City Manager to work with The Buxton Group to prepare an Agreement for Council consideration at the February 17, 2004 Council meeting for further discussion. At the February 17, 2004, Pre Council meeting, Joseph Fackel, Vice President - Central Region of The Buxton Group presented an overview of the Community 10 Proposal for the City of Colleyville. Agenda Briefing Resolution R-04-2328 Page 2 of 2 The Buxton Group Proposal consists of the following phases: . Phase I - An assessment of the retail trade in the City to identify distinct geographic zones of customers and retail potential. An analysis of the existing retail project demand along with demographic and psychographic analyses of the households in the community will determine the opportunities for additional retail trade. . Phase 1\ - Based on the analysis in Phase I, the City will select a specific site for further analysis. A drive time trade area will be developed from the side and households profiled. This profile will be compared with the trade area profiles of locations targeted by specific retailers. Approximately twenty (20) specific retailers will be identified. The existing locations of these retailers in the region will also be analyzed to measure the household density needed by the retailer to establish a successful store. A distance study will also be conducted for each of the targeted retailers so that they will not negatively affect their existing stores in the same trade area. This research will be used to create retail recruitment packages to be used to attract potential tenants. Financial Impact Funds are available in the FY2004 Budget. Recommendation Approval Attachments . Resolution R-04-2328 RESOLUTION R-04-2328 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND THE BUXTON GROUP CONSULTING FIRM TO PREPARE PHASE 1- RETAIL TRADE AREA DETERMINATION AND PHASE 11- RETAIL SITE SELECTION AND TENANT ANALYSIS AND RETAIL RECRUITING PACKAGE TO ASSIST IN DEVELOPING AN ECONOMIC DEVELOPMENT PLAN WHEREAS, the FY2004 Budget provides the monies for the City of Colleyville to develop an Economic Development Plan; and WHEREAS, the City Council desires to secure the services of The Buxton Group Consulting Firm to prepare the demographic analysis to assist in developing an Economic Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby approves entering into An Agreement between the City of Colleyville and The Buxton Group Consulting Firm to assist in developing an Economic Development Plan, hereby attached as Exhibit "A". AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THE AYES, DAY OF NAYS AND 2004. CITY OF COLLEYVILLE ATTEST: Cynthia Singleton, TRMC Secretary Joe Hocutt Mayor Exhibit '~" Community/D. Proposal Presented to: City of Colleyville March 24, 2004 Prepared by: Expiration Date: Joseph F. Fackel April 15, 2004 ~ Community/D' TABLE OF CONTENTS Executive Overview 2 Scope of Services Phase I Retail Trade Area Determination 3 Phase II Retail Site Selection Tenant Analysis 4 Retail Recruiting Package 6 Fee and Delivery Schedule 7 Sponsor Requirements 8 Signature Page 9 Buxton" lOentifylng CustOITIeI"S 1 CommunitylD@ EXECUTIVE OVERVIEW Buxton is pleased to present this proposal to the City of Colleyville. The objective of this proposal is to outline the scope of the research that will produce critical fact-based information and marketing packages that can be used by City of Colleyville to proceed with the attraction and expansion of the retail sector. In this proposal, the term "retail" also includes restaurants. In Phase I, we will complete an assessment of the retail trade in the City of Colleyville. This assessment will identify distinct geographic zones of customers and retail potential. An analysis of the existing retail product demand along with demographic and psychographic analyses of the households in the community will determine the opportunities for additional retail trade. In Phase II, based on the initial Phase I analysis, the City of Colleyville will select a specific site for further analysis. A drive time trade area will be developed from the site and the households profiled. This profile will be compared with the trade area profiles of locations targeted by specific retailers. Approximately twenty (20) specific retailers will be identified. The existing locations of these retailers in the region will also be analyzed to measure the household density needed by the retailer to establish a successful store. A distance study will also be conducted for each of these target retailers so that they will not negatively affect their existing stores in the same trade area. This research will be used to create retail recruitment packages to be used to attract potential tenants. The marketing package will show the retailer that the households in the trade area match the retailer's target location household profile. The marketing package will also include comparisons to existing retail centers with household profiles similar to the new center, reinforcing the new center as an opportunity for opening a successful unit. These materials address specific retailers and can also be used to attract developers to this project. Buxton provides market research services and economic development consultation and does not provide engineering services to determine the suitability of the environment, topography or infrastructure requirements. We are pleased to present the following outline of the scope of this project for your consideration. We look forward to your response. Buxton" lOentifylncCustOn"Ief"S 2 r'1I Community/a SCOPE OF SERVICES PHASE 1- RETAIL TRADE AREA DETERMINIATION A. Analysis of potential retail zones to include: · Identification of four (4) potential retail zones to be provided by the city · Analysis of the viability for retail development in each identified zone B. Analysis of households · Geocode all households in the zones identified above · Determine and analyze psychographics of these households · Segment and profile all households in each of the zones identified C. Product Demand Analysis · Determine average annual household purchases by product (approximately 400 products) · Index these purchases to measure product demand compared to national averages D. Deliverables · A written presentation to include: · Map of the drive time trade area for each selected zone · Household profiles based on psychographics · Product demand analysis for the drive time trade area · Conclusions and recommendations Buxton" IDentifying Customers 3 r'. Community/a SCOPE OF SERVICES PHASE II - RETAIL SITE SELECTION AND TENANT ANALYSIS A. Analysis of a potential retail center within one of the zones analyzed in Phase I, which consists of the following: · Develop Drive Time Trade Area · Demographic and psychographic profile of households · Identification of dominant segment households. · Population density of these segments. B. Tenant selection and analysis · Identification of retailers with customer profiles similar to the household profiles within the Drive Time Trade area determined in section A above. · Analyze the effect of sales transfer (cannibalization) by stores of the same retailer in nearby communities, if applicable. · For each targeted retailer, determine the density of the retailer's dominant segment households in the trade areas around the retailer's other locations throughout the state and compare them to the community's dominant segment household density. · The City of Colleyville may provide up to ten (10) specific retailers for analysis and matching purposes in addition to the twenty (20) retailers identified in Phase II. Buxton" IDentlfyl"1 Custome~ 4 Community/D@ SCOPE OF SERVICES PHASE II - RETAIL SITE SELECTION AND TENANT ANALYSIS (continued) C. Analysis of existing similar retail centers These retail centers mayor may not be in neighboring communities and will be selected based on the similarity of the households surrounding these centers as compared to the households profiled surrounding the proposed site. This will better identify retailers that can be successful at this site and will supplement the profile information when marketing to these retailers. D. Deliverables Research report to include: · Trade area polygons overlaid on map · Household profile by Trade Area · Household profile comparisons to specific retailer's target area profiles · Dominant segment household densities Buxton. IDentifying CllStOmer5 5 CommunitylD$ SCOPE OF SERVICES PHASE II - RETAIL RECRUITING PACKAGE A. Marketing Binder We will prepare a Marketing Binder that can be used to market to potential tenants. This binder will indicate the retail potential that is determined in the analysis. Marketing Binders are intended to identify the best tenant mix for the proposed retail center based on the population contained in the established Trade Area. The binder will identify the top retail businesses and will include information to enable the retailer to determine the suitability of this retail center for their retail concept. The Marketing Binder to include: · Property description and trade area map · Trade area description · Psychographic trade area household profile and summaries · Demographic summaries and graphs illustrating the trade area · Recommended retailers with operating names, addresses, telephone numbers, key executives to contact and retail classification B. Retailer Specific Marketing Package These packages will be used to market the community to the prospective retail tenant or a retail developer and will include items from the Marketing Binder in above A. Each package will address a specific retailer and set forth the research results illustrating to the retailer the opportunity for opening a successful unit at this site. C. Deliverables · One (1) copy of the Marketing Binder · One (1) copy of a retailer specific marketing packages (approximately 20) Buxton" IDentifying Customers 6 rMIII Community/Do FEE SCHEDULE FEE FOR SERVICES In consideration for services rendered by Buxton, the City of Colleyville agrees to pay Buxton the pre-approved, actual cost of travel and related out-ot-pocket expenses not to exceed $1,000.00 incurred in connection with services performed under this agreement in net ten (10) days. Fees associated with the Community/O@ program and its related processes are as below: Phase I Retail Trade Area Determination Phase II Retail Site Selection and Tenant Analysis And Retailer Specific Recruitment Packaqe Total Cost $60,000.00 A $30,000 deposit is due upon execution of this Agreement. A progress payment in the amount of $20,000 will be due upon commencement of Phase II and the balance of $10,000 will be due upon delivery of the results of this proposal. Additional Research Services (cost analysis) The following hourly rates will apply for all services rendered outside the scope of this Agreement: CEO/President Executive/Senior Vice President Vice President/Director/Manager GIS Senior Analyst/Analyst Administrative $250/hour $225/hour $200/hour $175/hour $50/hour Estimated time of completion: Phase I - 30 business days from the execution of this agreement. Phase 1/ - 45 business days after Phase I is completed. Buxton" 1000tifyinc Cunomers 7 CommunitylD@ SPONSOR REQUIREMENTS PROJECT REQUIREMENTS FOR SPONSOR In order to complete the CommunitylD@ project in the time schedule presented, the following must be provided by the City of Colleyville. A. Project Liaison · Designate a local Project Manager who will interface with Buxton during the course of the project. B. Provide the following materials or reports (all materials will be returned at the completion of the project) · Economic planning analysis, community visioning or future studies. · Current zoning map. · Current electronic file of street network, if available · Maps or plans for any major highway or roadway upgrade or construction planned in the next five years. · Most current traffic count reports · List and locate on map, up to three sites or areas to be analyzed for desirability for retail or shopping center development after the completion of Phase I. · List and locate on map all shopping centers or malls in the city or ETJ. · List and locate on map all major national retailers in the city or ETJ. · List of any shopping center or national retailers that have purchased property, but not opened. Indicate if project is under construction. · Economic development marketing materials currently used by the community. · Ownership of potential retail or shopping center locations may be required. Do not provide unless specifically requested. C. Meeting room to accommodate final report session. The sponsor is responsible for extending invitations to participants. Buxton will provide all briefing/presentation materials. Buxton" IDentifying Customers 8 r1II Community/D. SIGNA TURE PAGE This agreement is between the City of Colleyville and Buxton ("the Parties") for the performance of services described in this proposal. The Parties further agree that an independent contractor/employer relationship is created as a result of this agreement. Buxton will not be considered an agent or employee of the City of Colleyville for any purpose. The term of this agreement is one (1) year. This agreement may be terminated by either party at any time upon written notice of 30 days. If this agreement is terminated, Buxton will be paid for services performed up to the date the written notice is received. This agreement shall be administered and interpreted under the laws of the State of Texas. In order to avoid paying State of Texas Sales and Use Tax, the City of Colleyville may be required to provide Buxton with a certificate from the State Comptroller indicating that it is a non-profit corporation and not subject to State of Texas Sales and Use Tax. Agreed and accepted this day of ,2004. Honorable Joe Hocutt Mayor City of Colleyville 100 Main Street Colleyville, TX 76034 (Signature) Buxton Joseph F. Fackel Vice President - Central Region Buxton" IDentifying Customers 9 cc.~ 're.... PLANNING AND ZONING COMMISSION MEETING MINUTES - January 26, 2004 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, and Jeff Wall were present. Commissioner Culley was absent. Barry LeBaron, Clayton Husband, and Jan Levy from staff were present. INVOCATION APPROVAL OF MINUTES The invocation was given by Commissioner Swift January 12, 2004 Commissioner Kelly moved to approve the minutes of the January 12, 2004 meeting as written. Commissioner Jones seconded the motion. The motion passed by unanimous acclamation with Commissioner Swift abstaining. CITIZEN COMMENTS There was no comment. AGENDA ITEMS 1. Case Z-04-007 - PUBLIC HEARING - Zoning Change from R20 to PUD-C Planned Unit Development Commercial on Lot 1, Block 2, Thompson Terraces Addition located at 5001 Thompson Terrace Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Sharon Smith, applicant, was present to represent the case. The Commission entered into discussion with the applicant about other potential uses of the proposed building. Chairman Wall opened the public hearing. Those present wishing to speak were: Carol King, 5000 Oak Timbers, expressed concerns about parking, traffic flow onto Glade Road, fencing requirements along the east side of the property between the residential property, the fence that is currently in place, and a large dead tree located on the property with limbs that hang over her storage building. There was no one else present wishing to speak, and the public hearing was closed. Sharon Smith, applicant, returned to answer questions that were raised in the public hearing. Planning & Zoning Commission Minutes - January 26, 2004 Page 1 of 5 Commissioner Byerly and Chairman Wall discussed requirements fencing between commercial and residential uses. Commissioner Swift recommended approval of the zoning change as submitted. Commissioner Sellers seconded the motion. Commissioner Byerly said he would like to see a fencing requirement included in the ordinance. The commissioners suspended the rules to talk with Ms. King about proposed fencing between the commercial lot and her property. There was discussion by staff, Ms. King and the commissioners. Chairman Wall recommended that the safety officials and Community Development staff make a recommendation. Commissioner Byerly offered a friendly amendment that a fence is placed at the northeast corner of the property ending fifteen feet from the property line. Commissioners Swift and Sellers accepted the amendment. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 2. Case Z-04-004 - PUBLIC HEARING - Zoning Change from AG to PUD-C Planned Unit Development Commercial on 1.9 acres located at the southwest corner of Church Street and Colleyville Boulevard Clayton Husband presented the case to the commissioners and reviewed the staff briefing. The commissioners and staff entered into discussion about the adjacent property to the west and the preliminary design of the roadway and the impact it would have on the future development of the property. Chairman Wall opened the public hearing. There was no one present wishing to speak and the public hearing was closed. Commissioner Byerly moved to recommend approval of the zoning change. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None Planning & Zoning Commission Minutes - January 26, 2004 Page 2 of 5 3. Case 2-04-003 - TABLED ITEM - Zoning Change from CC1 to PUD-R Planned Unit Development Residential on 8.782 acres located at 5850 Colleyville Boulevard Commissioner Jones moved to remove the item from the table. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None Commissioner Jones asked staff if they have had any direct contact with the GCISD regarding the emergency access issue. Clayton Husband responded that staff has not had direct contact, but he noticed the School Board has an item on their agenda to discuss that matter. Chairman Wall asked staff if there have been any discussions with the Parks Department and the City Manager's office regarding this proposal. Clayton Husband responded that they are aware of the request. Gary Cantrell, 3400 Glade Road, was present to represent the case. He requested that his request be approved subject to an approval letter from the GCISD and a design of the emergency access easement from the fire marshal and the GCISD. He discussed why the property is not conducive for commercial development. He displayed an exhibit of commercial property in the area and talked about future development. He said if the property is left commercial it would probably be better suited for a church or a private school and it may be marketable for commercial in twenty years. He said rooftops and people are needed in the area to support commercial development. He explained the unique concept of the open space. The commissioners entered into discussion with the developer about density; the widening of Highway 26; center turn lanes; the current traffic problems in the area; and the future commercial use for the property the south that is not under contract by the developer. Mark Howe, 3108 Carisbrooke Court, real estate broker, spoke about the Master Plan and how this property will not increase the overall density of the City. He informed the commissioners about various conversations he has had with the GCISD and the trustees. The commissioners entered into discussion about the density of the subdivision; future commercial viability; tax generation on the property; the uniqueness of the parcel; the emergency access; the exhibit displayed by the developer regarding other commercial properties and setbacks in the area; the timing of changing the zoning on this property in relationship to current commercial developments; the traffic problems associated with more people dropping off students at the area schools; and, the density of other high density residential subdivisions. Commissioner Jones moved to recommend approval of the zoning change request. Chairman Wall seconded the motion. The vote being: Ayes: Sellers, Jones, Wall Noes: Kelly, Swift, Byerly Planning & Zoning Commission Minutes - January 26, 2004 Page 3 of 5 Commissioner Byerly moved to recommend denial of the zoning change request. Commissioner Kelly seconded the motion. Commissioner Jones said he is a member of the economic task force and he said this is a unique parcel of land and the developer has given a compelling argument that future commercial development of the property would require more footage directly on Colleyville Boulevard. He said he is moved by the developer who has a target market and the remaining property will not be a cookie cutter development with 1.8 diu. Chairman Wall called for the vote. The vote being: Ayes: Kelly, Byerly Noes: Swift, Sellers, Jones, Wall Commissioner Sellers moved to approve the zoning change request contingent upon the approval of the GCISD and the City of Colleyville Fire Marshal. Commissioner Jones seconded the motion. Chairman Wall offered a friendly amendment that the GCISD park layout and construction of the park include a walking path around it and there is a resolution with the Pecan Estates residents for a pass through to get to the school property. The friendly amendment was accepted. Commissioner Byerly stated that they are fracturing the rules, not bending them. He said he appreciates Mr. Cantrell's honesty regarding the economics related to the development, but he will recommend denial because there are too many problems to approve the project now. He said he disagrees with the proposed density and is opposed to fire trucks running between the schools to access the subdivision in an emergency, He said Bogart is as backed up as Highway 26. The commissioners entered into discussion about fire truck access if the property remained commercial; density; Economic Development Task Force discussions; and, density. Chairman Wall asked Gary Cantrell if he would consider moving the rear setback requirements on the lots that back up to Pecan Park Estates from 10 feet to having a 20 foot rear setback. There was discussion about restricting rear windows on two story homes that back up to Pecan Park Estates. Mr. Cantrell said he could change the rear setback requirements, but he did not want to commit to changes in building designs unless he talked to builders. He said his development would have homes valued between $300,000 and $400,000 and the homes in Pecan Park Estates have values of between $175,000 and $200,000 and have antennas and satellite dishes in the yards. He told the commissioners how the emergency access would only be used when the main access is blocked and that would probably never occur. The motion to approve was amended to include the provision that the rear setbacks on the lots that back up to Pecan Park Estates would have a 20' rear setback. The vote being: Ayes: Swift. Sellers, Jones, Wall Noes: Kelly, Byerly Planning & Zoning Commission Minutes - January 26, 2004 Page 4 0(5 4. Discussion of the Master Plan Update: Staff announced an upcoming Work Session on Thursday night, January 29, 2004 at 6:30 p.m. in the executive conference room. 5. Staff Comm~nts. Reports ana DiscUssion Items: There was none. 6. Commissioners' Comments and Reports: Commissioner Jones said he appreciated all of the input by the commissioners and their ability to not agree, yet have respect for each other. Chairman Wall said he received an e-mail that was also sent to the City Secretary and Barry from Albert Haff and Associates. He said he did not think it was appropriate for him as a Commissioner to respond, nor does he intend to respond, and so he passed the letter to the City Secretary and P&Z staff for appropriate City action (Note: comment added by Jeff Wall on 2/23/04). Commissioner Byerly said he would like to see the staff and City Council standardize the barrier requirements between commercial and residential properties. Clayton Husband said he would forward Commissioner Byerly's comments. ADJOURNMENT The Commission adjourned the meeting at 9:15 p.m. by acclamation. Respectfully Submitted, J~ Planning & Zoning Assistant Approved on: Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - January 26, 2004 Page 5 of 5 .~ Tex.. PLANNING AND ZONING COMMISSION MEETING MINUTES - February 9, 2004 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, and Jeff Wall were present. Barry LeBaron, Clayton Husband, and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Byerly CITIZEN COMMENTS There were no comments. AGENDA ITEMS 1. Case P-03-038 - Minor Plat of Allen Estates, 0.997 acres located at 1204 John McCain Road Mr. Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Jones moved to approve the minor plat. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 2. Case P-04-007 - Minor Plat of Riverwalk at Colleyville, 2.729 acres located at the northwest corner of Glade Road and Riverwalk Drive Mr. Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Following discussions regarding access on Glade Road and the design standards for the access, Commissioner Byerly moved to approve the minor plat. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None Planning & Zoning Commission Minutes - February 9, 2004 Page 1 of 7 3. Case Z-04-008 - PUBLIC HEARING - Special Use Permit for an Accessory Building on Lot S, Block 3, Highland Acres located at 30S Timberline Drive S. Mr. Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall opened the public hearing. There was no one present wishing to speak, and the public hearing was closed. Mr. Dave Wallace, applicant, was present to represent the case. He answered questions from the commissioners and informed them that the new structure would be for the purpose of parking his motor vehicles. He said the existing 400 s.f. building may be removed at a future date, but he currently needs to use it for storage until the new addition is completed. He said the height of the building will not change and there will be no commercial use of the accessory building. Mr. Barry LeBaron explained the history of why a special use permit is required for some accessory buildings. Commissioner Culley moved to recommend approval of the special use permit. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 4. Case Z-04-009 - PUBLIC HEARING - Zoning Change from R40 Single Family Residential to R20 Single Family Residential on Lot SR1, D.P. Arrington Limited Subdivision located at 2016 Glade Road Mr. Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There was discussion about location of driveways on the lots and setbacks in the R20 zoning district. Chairman Wall opened the public hearing. Those present wishing to speak were: Mrs. Janelle Hardisty, SOOO Montclair Drive, spoke in opposition. Mr. Wayne Hood, 2108 Glade Road, spoke in opposition. Mr. Joe Deupree, S101 Montclair Drive, spoke about zoning change signs. Mr. John Thompson, S017 Montclair Drive, spoke in opposition. There was no one else present wishing to speak, and Chairman Wall closed the public hearing. Mr. Ken Mask, applicant, was present to represent the case to the commissioners and answer questions. He informed the commissioners that he has spoken with Chad Bartee about the drainage and the function of the drainage channel. He responded to a question regarding if he purchased the lot as an investment and said he plans on building his home on Lot 2 and when a house is constructed on Lot 1 it will not be closer than five feet of the drainage swale. He told them he has a building plan for a home that is 4,000 s.t. to 4,SOO s.f. that will fit on Lot 1. PJannjng t :!onjng Commjssjon Minutes - February 9, 2004 Page 2 of 7 The commissioners discussed the possibility of tabling the case to allow the applicant to provide drainage plans, and building designs. There was discussion about breaking a pattern of having overall one zoning district on a subdivision and how the R20 would split the R40 zoning of the D.P. Arrington Subdivision. Commissioner Jones moved to deny the zoning change request. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None NOTE: Commissioner Jones requested a break. The commission resumed the meeting at 7: 55 p.m. 5. Case Z-04-010 - PUBLIC HEARING - Zoning Change from CC2 Shopping Center Commercial to PUD-R Planned Unit Development Residential on Lot 4R, Block 1, Centerpark Addition located south of Centerpark, east of Colleyville Boulevard Mr. Clayton Husband presented the case to the commissioners and reviewed the staff briefing. The commissioners entered into discussion with staff about the size of the lots in comparison to other higher density subdivisions that have recently been approved. They also talked about the uses of open space within the subdivision, the area that will be raised out of the flood plain, Fire Department concerns, and FHA requirements. Fire Marshal Jeff Jones responded to questions from the commissioners. He said he is not opposed to the street design, but if the houses are built six feet apart with eaves that overhang, he would request wider streets. He said if one house is on fire, it would be difficult to prevent fires from spreading from house to house. Chairman Wall opened the public hearing. Those present wishing to speak were: Mr. Phillip Charon, 4604 Clearwater Court. He said this proposal looks better than the previous proposal for apartments; however, he expressed concerns about the density; the height of the lots being reclaimed from the flood plain; ten foot rear yards on the lots that back up to Lakewood Estates; the appearance of a solid wall of roof tops; lack of common space; and potential damage to the Lakewood Estate wall. Mr. Don Wren, 4704 Lakeshore Court, raised concerns about this project not being upscale; no garages and street parking. There was no one else present wishing to speak, and Chairman Wall closed the public hearing. Mr. Dan Quinto was present to represent the case to the commissioners and answer questions. Mr. Quinto said he will be providing a revised plan that will have additional open space. He said the home will have garages, and the setbacks between homes will never be closer than ten feet. He said the subdivision is designed after the Bridges at Riverwalk and will have the same density as the Bridges at Riverwalk residential portion. He addressed current Planning & Zoning Commission Minutes - February 9, 2004 Page 3 of 7 land uses in the area and how this will become a buffer for Lakewood Estates and commercial uses. Ms. Nancy Stuckey, Cambridge Homes, was also present to represent the case to the commissioners and answer questions. She explained the target market for Cambridge Homes' products and showed slides of garden homes they have built. Mr. Quinto gave a summary of the impact on the economics this development will have in Colleyville. Steve Coons, an owner of a house built by Cambridge Homes, addressed the Commission and talked about how he had to move to another community when he downsized to a home with little yard work and wished that Colleyville had Cambridge Homes developments when he purchased his garden home. The commissioners entered into discussion with the representative regarding open space; the consideration of home sprinkler requirements; lowering the density; the plan for Cambridge to become a gated community; the stone wall along the Lakewood Estates common boarder; the sidewalk scheme. Commissioner Jones said there seems to be a market place for this kind of development and it may be wise and prudent to ask the developer to come back with changes to the density, the setbacks, the open space, a recommendation from the Fire Marshal, and comments on the drainage. He spoke about his tenure on the Economic Task Force. Commissioner Byerly said he wanted to keep the property commercial. He spoke about the good visibility the property has for commercial development. Commissioner Jones suggested they table the case to allow the developer time to address the outstanding issues. Chairman Wall moved to table the case. Commissioner Kelly seconded the motion. Commissioner Culley said he doesn't want to overlook the prior project for apartments and this is the right type of development to put in that location. He said Cambridge Homes does well with this kind of subdivision and the Bridges at Riverwalk subdivision is close to build-out. He said this is a quality developer who knows the market for garden homes. Commissioner Byerly explained his comments regarding supply and demand and said that Cambridge Homes is an excellent builder. Chairman Wall said his motion to table was made with open space and density in mind. There was discussion about planned restrictive covenants for the subdivision regarding garages and street parking. Commissioner Jones said he wants the developer to address gates. The vote being: Ayes: Kelly, Culley, Swift, Sellers, Jones, Wall Noes: Byerly Planning & Zoning Commission Minutes - February 9, 2004 Page 4 of 7 6. Case Z-04-011 - PUBLIC HEARING - Zoning Change from CC2 Shopping Center Commercial to PUD-C Planned Unit Development Commercial on 15.10 acres located at the southwest corner of John McCain Road and Colleyville Boulevard Mr. Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He told the commissioners that they have a copy of an e-mail the developer sent requesting additional uses he wanted to include in the PUD-C. Chairman Wall opened the public hearing. Those present wishing to speak were: Mr. Bill McCulley said he was a representative for the Cascades at Timarron Owners Association. He expressed concerns about the layout an objected to the entrance and exit onto John McCain Road. He said when it rains the area floods and requested an explanation of how the detention ponds will work. Mr. Sam Noel, 1901 Thames Trail, said he builds Monument Custom Homes and the applicant invited HOA representatives to a meeting. He said a gas station is okay if other quality development is around it. He said he has a problem with John McCain traffic; doesn't want the development built in phases; and, screening to prevent residents from Timarron from being able to see the development from their homes. Mr. Kipp Whitman, the developer for the commercial development across Colleyville Boulevard, said he sold the property to Conoco and the development was stalled for the John McCain redevelopment. He spoke about his membership on the Highway 26 Design Board and this area is the highest demographic area. He spoke against the plan for pad sites in a row with nor marketing plan and the only sure tenants being a gas station and tire store to kick off the development. Mr. Whitman said the applicant bought the closed down gas station and will demolish the gas station and deed restrict the property to prevent competition. He said they should be required to put in the entire infrastructure. He said the commissioners should not accept the proposal at face value. Mr. AI Silverberg said he lives at the end of Thames Trail and is concerned about the entryway onto John McCain. He said he would expect the Planning and Zoning Commission to not allow only a gas station and a tire store. He said they need to use the same kind of scrutiny as the previous case. There was no one else present wishing to speak, and Chairman Wall closed the public hearing. Mr. Dan Poremba, representing Service Star, from Denver Colorado, was present to represent the case to the commissioners and answer questions. He spoke about the kind of development Service Star plans and how they met with three homeowners' associations and explained the concept to them and the boards supported their plan. He explained how they went through the tree mitigation process and they presented their phasing program at that time. He talked about underwriting to construct the development. The commissioners and Mr. Poremba entered into discussion about gas stations and underwriting; TXDOT's requirements for an entrance on John McCain; the number of closed gas stations; the image of a gas station for the gateway to northern Colleyville; the possibility of Shell leaving the site rather than fulfilling the twenty year lease; the design for turn lanes on Planning & Zoning Commission Minutes - February 9, 2004 Page 5 of 7 John McCain Road; traffic patterns for the development; and, the design of the detention ponds. Mr. Jay Marsh, Pate Engineers, associated with the project was present to answer questions from the commissioners regarding the drainage for the project. Commissioner Culley and the applicant entered into discussion about Mr. Pappa's e-mail and the requested uses. The commissioners again expressed concerns about the project, especially the entrance onto John McCain Road. Commissioner Culley suggested they table the zoning question to allow the developer to bring back a picture of how the project will look so they can get a better scope of the project. The commissioners suspended the rules in order to allow Kip Whitman to speak. He said the City has been strict on PUD zoning in the past and he tried to build a kennel, but was denied. He said a blanket zoning is wrong. Mr. Sam Noel, 1901 Thames Trail, said he is building homes on Braemar Terrace and there will be more people to add to the traffic problems on John McCain. The commissioners entered into discussion about restrictions and phasing restrictions they placed on other PUD-C's in the past. Chairman Wall suggested they table the case. He said they need the tax base, but with a proper balance. Chairman Wall moved to table the zoning change request. Commissioner Swift seconded the motion. The commissioners said they would like a clarification of the appearance of the road design for John McCain; the developer to provide a list of materials and designs; a phasing schedule; a better explanation of the drainage design; pictures of other retail centers that have the proposed gas stations; a more limited list of proposed uses; and, a tax generation proposal. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 7. Case Z-04-006 - PUBLIC HEARING - Amendment to Chapter 3 of the Land Development Code regarding movie theaters Mr. Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. The commissioners entered into discussion about how the number of six theaters was determined to be used. Commissioner Jones spoke about a group of investors who are buying smaller theaters and adding tables and alcoholic beverage and food sales and are targeting smaller communities. Commissioner Byerly said that six may not be an appropriate number for a theater complex on Precinct Line Road. Mr. LeBaron said that if anyone wanted more than six theaters they could seek a special use permit. Mr. Clayton Husband suggested that a two tiered category be used in the Land Use table. Planning & Zoning Commission Minutes - February 9, 2004 Page 6 of 7 Chairman Wall opened the public hearing. There was no one present wishing to speak, and the public hearing was closed. Chairman Wall moved to recommend approval with an amendment that over six projections screens requires a special use permit. Commissioner Culley seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 8. Discussion of the Master Plan Update: Mr. Barry LeBaron distributed a copy of a meeting notice for Thursday, February 12, 2004. Commissioners Byerly and Kelly said they may not be able to attend. Chairman Wall requested that the commissioners contact staff and if it appears there will not be four members in attendance, the meeting should be canceled. There was discussion about the calendar for upcoming neighborhood meetings. 9. Staff Comments, Reports and Discussion Items: There were none. 10. Commissioners' Comments and Reports: Chairman Wall said he asked staff for a report of attendance for the Planning and Zoning Commission. He said the reason he asked was to verify the statistics in the two memos from the City Manager to City Council regarding the Planning and Zoning Commission attendance and minutes. He said there will be a City Council work session on February 11th at 4 p.m. in the executive conference room and encouraged commissioners to attend. The commissioners entered into discussion about the memos, the charges of attendance problems, their service to the community, and how members have served after their appointments expired. They said there were three seats open for reappointment, two members did not apply, and only seven applicants from over 20,000 citizens were received to be considered for appointment. ADJOURNMENT The Commission adjourned the meeting at 11 :00 p.m. by acclamation. Respectfully Submitted, Ja~~ Planning & Zoning Assistant Approved on: Note: As a matter of pUblic record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - February 9, 2004 Page 7 of 7 cc6'" Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - February 23, 2004 CALL TO ORDER Chairman Wall called the meeting to order at 7 p,m. ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Mark Jones, and Jeff Wall were present. Barry LeBaron, Clayton Husband and Jeff Jones from staff were present. INVOCATION The invocation was given by Commissioner Jones RECOGNITION OF OUTGOING COMMISSIONERS APPROVAL OF MINUTES Chairman Wall requested that the January 26 minutes be revised on the last page to reference that the letter from Halff Associates was passed on to city staff for appropriate city action. Commissioner Byerly moved to approve the minutes of the January 26 and February 9, 2004 meeting. Commissioner Kelly seconded the motion. The motion passed by unanimous vote. CITIZEN COMMENTS Mr. Tom Pitts spoke to express concern over the existing zoning on a tract of land located on Glade Road, between Roberts Road and Heritage Avenue. AGENDA ITEMS 1. Case P-04-008 - PUBLIC HEARING - Replat of Lots 1R-1A and 1R-1B, Block 1, O'Steen Addition, 1.91 acres located at 321 W. McDonwell School Road Minor Plat of Allen Estates, 0.997 acres located at 1204 John McCain Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall opened the public hearing. There being no one wishing to speak, the public hearing was closed. Mr. Lansing Brown, owner, spoke and stated he would be submitting a request to the City Council for a waiver of the perimeter street improvement requirements. Motion by Commissioner Jones to approve the re-plat, seconded by Commissioner Kelly. The re-plat was approved by the following vote: Planning & Zoning Commission Minutes - February 23, 2004 Page 1 of 5 Approved March 22, 2004 Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None 2. Case P-04-009 - Minor Plat of Pleasant Run Baptist Church Addition, 3.15 acres located at 6001 Pleasant Run Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Motion by Commissioner Byerly to approve the minor plat, seconded by Commissioner Jones. The minor plat was approved by the following vote: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None After the vote was taken, the applicant requested permission to speak. The Commission suspended the rules to allow the applicant to address the Commission. Mr. Rod Ekern, engineer for the applicant, stated the church would be submitting a request to the City Council for a waiver of perimeter street improvement requirements and parkland dedication fees. 3. Case P-04-010 - Minor Plat of Lot 12, Block 2, Heritage High School Addition, 1.45 acres located at the southwest corner of State Highway 121 and Gateway Drive Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Jim Mills, 1825 Wimbledon Drive, Arlington, owner of the property, came forward to speak. He stated he will be building a Wings 'N More restaurant on the site. Motion by Commissioner Jones to approve the minor plat, seconded by Commissioner Kelly. The minor plat was approved by the following vote: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None 4. Case Z-04-012 - PUBLIC HEARING - Zoning Change from AG Agricultural to R20 Single Family Residential on 41.8 acres located at 909 John McCain Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall opened the public hearing. There being no one present wishing to speak, Chairman Wall closed the public hearing. Staff addressed questions from the Commission concerning density, traffic, drainage, trail system connections to the Cotton belt Trail, and maintaining the possibility of a street connection to the west. Planning & Zoning Commission Minutes - February 23, 2004 Page 2 of 5 Approved March 221 2004 Shea Kirkland, of Goodwin and Marshall, representing the applicant, came forward to speak. He stated they will look at options for stubbing a street to the west and providing a trail extension. Chairman Wall stated he is interested in what amenities may be added to the open space areas. Commissioner Byerly stated the property is too large for R20 zoning, and the commission could lose control over some of the details by it not being a planned unit development. John Fegan, 1303 Bellefonte, applicant, came forward to speak. He stated the R20 category was chosen based on the housing products the potential builders identified, which require larger footprints for the houses. He stated he anticipates the houses to be 3,500 square feet and larger with a price in the $800,000 range. He stated they intend to construct water features adjacent to John McCain Road and add landscaping and park- type amenities to the other open space areas. Mr. Fegan stated they will look at possibilities for a street stub-out and sidewalk connection during the platting of the property. Motion by Commissioner Kelly to approve the zoning change request, seconded by Commissioner Jones. The zoning change request was approved by the following vote: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None 5. Case Z-04-013 - PUBLIC HEARING - Zoning Change from AG Agricultural to R20 Single Family Residential on 9.8 acres located at 600 Shelton Drive Mr. Clayton Husband presented the case to the commissioners and reviewed the staff briefing. The Commission discussed the existing development in the surrounding area and the proposed layout of the subdivision. Chairman Wall opened the public hearing. Those present wishing to speak were: Naomi Henslee, 600 Shelton Drive. She spoke about drainage and traffic. John Paul Burnett, 601 Beverly Drive. He stated the proposed development is not consistent with the surrounding area. Bill Lothrop, 609 Shelton Drive. He stated the proposed development is not consistent with the surrounding area. He spoke about drainage and traffic. Paul Kramer, 312 White Drive. He stated that the development could lead to similar changes in the area, and stated his concern about the potential traffic. Bob Combs, 6106 Hunter Lane. He stated the proposed development is not consistent with the surrounding area. C.L. Madden, 6112 Hunter Lane. He stated the minimum zoning that should be considered is R30. He spoke about drainage issues on Hunter Lane. Planning & Zoning Commission Minutes - February 23, 2004 Page 3 of 5 Approved March 22, 2004 James Day, 805 Shelton Drive. He stated his concerns about the water and sewer system and drainage issues. Darryl Heath, 6200 Bransford Road. He stated his concerns about traffic and density. Teri Workman, 6001 Hunter Lane. She stated her concerns about how the development will affect the schools. Jeff Vanderpool, 601 Shelton Drive. He stated his concerns about density and the layout of the proposed subdivision. Marcella Sandoval Gleason, 600 Beverly Drive. She stated her concerns about the loss of the rural atmosphere of the area. Todd Pipes, 6115 Hunter Lane. He stated his concern about traffic safety on Shelton Drive. Chris Combs, 6106 Hunter Lane. She spoke in opposition to the request. Fred Rice, 6103 Hunter Lane. He spoke in opposition to the request. Dinah Stephens, 612 Shelton Drive. She stated her concerns about sewer and drainage issues. There being no one else wishing to speak, Chairman Wall closed the public hearing. Robert Cline, applicant, 4421 Windsor Ridge, Irving, came forward to speak. He stated his intent was to create lots with a width of 130 feet to match the typical lot on Hunter Lane and the surrounding area and to create the feel of an R30 zoning category. He stated he is aware of the other requirements related to the subdivision design. He stated several of the lots in the area are not consistent with the zoning of the property. The Commission discussed with the applicant the sizes of the lots in the area, the possible requirements for fire sprinkler systems in the houses, and subdivision design issues. Commissioner Jones stated this property is not in what may be considered a transitional area. Commissioner Kelly stated that the location is incompatible with the R20 zoning district. Commissioner Byerly stated the only way to achieve the look and feel of an R30 lot is to request R30 zoning. Commissioner Swift the opposition from the neighbors makes it difficult to support the rezoning request. Chairman Wall stated it is difficult to vote on the request due to the large opposition and the uncertainty of the conforming status of the surrounding lots. He stated the developer should be asked whether he would prefer the case be tabled or voted on. Mr. Cline stated he would rather the Commission table the request and allow him to review the issues discussed at the meeting and consider possible revisions to the layout. Planning & Zoning Commission Minutes - February 23, 2004 Page 4 of 5 Approved March 22, 2004 Motion by Commissioner Jones to table the zoning change request, seconded by Commissioner Kelly. The motion was approved by the following vote: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None 6_ Discussion of the Master Plan Update: Mr. LeBaron reminded the Commission of the upcoming workshop on Thursday, February 26, which will be held in the executive conference room. Chairman Wall advised the Commissioners that staff prepared a letter asking for the input of all other city boards on the goals and priorities of the master plan. Mr. LeBaron stated he has five completed chapters of the Master Plan Update, and he will send copies of those to the Commission. He stated the upcoming neighborhood meeting dates are March 11, March 24, and March 25, at the Colleyville Center. 7. Staff Comments, Reports and Discussion Items: None. 8. Commissioners' Comments and Reports: None. ADJOURNMENT The Commission adjourned the meeting at 9:30 p.m. by acclamation. Respectfully Submitted, ~ yto Husband AICP ment Coordinator Approved on: Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - February 23, 2004 Page 5 of 5 Approved March 22, 2004 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - March 8, 2004 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Mark Jones, and Jeff Wall were present. Barry LeBaron and Clayton Husband from staff were present. INVOCATION The invocation was given by Commissioner Jones CITIZEN COMMENTS None AGENDA ITEMS Chairman Wall announced that the item regarding the zoning change on Shelton Drive would be considered first due to the large number of people in the audience for this item. 1. Case Z-04-013 - TABLED ITEM - Zoning Change from AG Agricultural to R20 Single Family Residential on 9.8 acres located at 600 Shelton Drive Motion by Commissioner Jones to remove the item from the table for discussion, seconded by Chairman Wall. The motion was approved by the following vote: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None Clayton Husband stated that staff received a letter from the applicant this afternoon requesting that the item remain on the table. The Commission discussed the options of tabling the case versus taking action on the case. Motion by Chairman Wall to table the zoning case, seconded by Commissioner Byerly, subject to staff notifying the applicant that he must provide at least seven days notice prior to the hearing date before the Commission, and that the surrounding property owners be notified of the hearing date. The motion to table was approved by the following vote: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None Planning & Zoning Commission Minutes -March 8, 2004 Page 1 of 4 Approved March 22~ 2004 2. Case Z-04-014 - PUBLIC HEARING - Special Use Permit for alcoholic beverage sales for on-premise consumption on 1.97 acres located at 5400 State Highway 121 Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Jones stated there are other restaurants within this area that serve alcoholic beverages. Chairman Wall opened the public hearing. Cheryl Lander, 4831 Lakeside Drive. She stated she is a teacher at Colleyville Heritage High School and expressed her concern about the sale of alcoholic beverages next to the school. Dorcas Newell, 4612 State Highway 121. She stated her opposition to the request. Greg Lander, 4831 Lakeside Drive. He stated his concerns about the sale of alcoholic beverages next to the school and the visibility of signs advertising alcohol. There being no one else wishing to speak, the public hearing was closed. Bill Winkler, applicant, 7124 Church Street, Fort Worth. He stated there will be no signage advertising the sale of alcohol and that the restaurant will not open until four in the afternoon after school is out. He stated the business would generate revenue subject to sales tax. Chairman Wall asked for clarification on the Special Use Permit and the required waiver from the distance requirement. Staff advised that the code requires a Special Use Permit before alcohol can be sold, and that there is a separate requirement for distances from public schools. Staff stated the distance requirement can only be waived by the City Council, as required by the Texas Alcoholic Beverage Code. Commissioner Jones stated that at the time the decision was made to build the school at its location, the affect on potential restaurants in this part of town was a concern. Commissioner Swift stated there is a precedent with the fact that other restaurants are already in the area, and the restaurant would not be open during school hours, Commissioner Byerly suggested that the special use permit include restrictions on the hours of operation and signage related to alcohol sales. Motion by Commissioner Byerly to approve the Special Use Permit, seconded by Commissioner Kelly, subject to the following requirements: 1. there be no outside signage advertising the sale of alcoholic beverages 2. the hours of operation for the restaurant be limited to those stated in the application Planning & Zoning Commission Minutes -March 8, 2004 Page 2 of 4 Approved March 22, 2004 The Special Use Permit was approved by the following vote: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None 3. Case Z-04-011 - TABLED ITEM - Zoning Change from CC2 Shopping Center Commercial to PUD-C Planned Unit Development Commercial on 15.10 acres located at the southwest corner of John McCain Road and Colleyville Boulevard Motion by Commissioner Byerly to remove the item from the table for discussion, seconded by Commissioner Kelly. The motion was approved by the following vote: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Dan Poremba, 5670 Greenwood Plaza Boulevard, Suite 300, Greenwood Village, Colorado and Bennett Ratliff, The Ratliff Group, Coppell. Mr. Poremba and Mr. Ratliff made a comprehensive presentation to the Commission about ServiceStar Development and the specific project. The Commission discussed with the applicant issues related to the widening of Colleyville Boulevard, traffic distribution, the phasing of the buildings on the site, the mix of office and retail land uses and outside display and screening. Chairman Wall stated the mix of land uses could be restricted to limit the square footage of non-sales tax generating businesses. Chairman Wall opened the public hearing. Those present wishing to speak were: Kipp Whitman, 3402 Crossgate Circle South. He provided comments on the proposed project and the proposed land uses. There being no one else present wishing to speak, Chairman Wall closed the public hearing. Commissioner Jones asked that the comments regarding land uses be forwarded on to the City Council. Staff advised that comments regarding zoning changes, especially planned unit developments, are mentioned in the briefing to the City Council. The Commission suggested removing the following land uses from the permitted uses: second hands goods shops, building materials with outside storage, veterinarian offices with kennels, and indoor amusements. Planning & Zoning Commission Minutes -March 8, 2004 Page 3 of 4 Approved March 22, 2004 Motion by Commissioner Byerly to approve the zoning change request, seconded by Commissioner Swift, subject to no outside storage areas being visible from Colleyville Boulevard. The zoning change request was approved by the following vote: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None 4. Discussion of the Master Plan Update: Mr. LeBaron reminded the Commission of the upcoming neighborhood meeting on Thursday, March 11, which will be held at the Colleyville Center. 5. Staff Comments, Reports and Discussion Items: None 6. Commissioners' Comments and Reports: The Commission discussed the complexity of planned unit developments for commercial property. ADJOURNMENT The Commission adjourned the meeting at 9:25 p.m. by acclamation. Respectfully Submitted, ~~~ J. C Husband AICP Deve opment Coordinator Approved on: Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes -March 8. 2004 Page 4 of 4 Approved March 221 2004 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES February 9, 2004 I. CALL TO ORDER - The meeting of the Colleyville Public Library Board was called to order at 7:02 p.m. ROLL CALL - Members present: Chair Pat Jones, Mary Alice Rippe, Nancy Eytcheson, Gary Taraba, Richard Roxburgh, Carol Wollin and Susan Barzelay. Alternates present: Dennis Healy. Alternates absent: Mary Ann Nicholson. Ex-Officio Members absent: Mayor Joe Hocutt, Dr. Kevin Singer, Dr. Larry Darlage, Ret Stansberger and Steve Banta. Council Liaisons absent: Mayor Pro Tem Ginny Tigue. Staff present: Mary Rodne and Dianne McWethy. II. Approval of January 12, 2004 Minutes - A motion was made by Nancy Eytcheson and seconded by Susan Barzelay to approve the January 12, 2004 minutes. Motion approved. III. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Mary Rodne distributed Colleyville Public Library Usage Statistics through January 2004 for review and discussion. b. Donations Library Director Mary Rodne provided an overview of donations to the Library, including three walk-in donations, as well as other donations. Director Rodne also provided an overview of Realty Capital Corporation's donation related to securing the Colleyville Public Library books from the Grapevine Public Library. She also informed the Board that the National Charity League (NCL) had donated time and materials to make 75 treat bags for the Library's Story Time Valentine Parties. Chair Pat Jones distributed two thank you notes from children regarding the library. Ms. Rodne also informed the Board that the Glaser Foundation donation would be used for the Summer Reading Club program. c. Programs Library Director Mary Rodne provided an overview of Library programs and distributed information regarding the Library's current story times and future programs being developed. IV. DISCUSSION OF LIONS CLUB DONATION PROPOSAL Director Mary Rodne reviewed the donation request of $1,100. from the Colleyville Lions Club for purchase of large print materials for the Library. Gary Taraba moved to approve the donation and Richard Roxborough seconded the motion. Motion unanimously approved to recommend the acceptance of the Colleyville Lions Club donation to the City Council for consideration. V. DISCUSSION OF COVENANT CHRISTIAN ACADEMY STUDENT PAINTING PROPOSAL Director Mary Rodne reviewed with the Library Board the donation request of the Covenant Christian Academy Student Paintings. Following discussion of the stipulations of the donation request, the Board deferred to take action on this request to provide an opportunity for staff to meet with the school representatives to discuss this request. No action taken. VI. ADOPT -A-MAGAZINE PROGRAM Director Mary Rodne distributed information regarding an Adopt-A-Magazine Program. Richard Roxburgh moved to approve the program and Carol Wollin seconded the motion. Motion unanimously approved. VII. DISCUSSION OF LONG-RANGE PLANNING a. Review of Colleyville Public Library Goals Staff distributed the Mission Statement and Goals established by the Library Board for review and discussion. b. Overview of Library FY 2003/2004 and Proposed FY 2004/2005 Budgets Deputy City Manager Dianne McWethy reviewed the planning efforts of the Library budget for FY 2003, FY 2004 and FY 2005. There was general discussion regarding the budget. The Board requested that staff provide information regarding the staffing levels of the Southlake Public Library and the Keller Public Library, as well as hours open to the public. c. Overview of City of Colleyville FY 2004 Budget Schedule Deputy City Manager Dianne McWethy reviewed the FY 2004 Budget Calendar to provide the Board with an overview of the City's budget process and timeline. d. Discussion of Timeline of Library Planning Efforts The Library Board discussed possible timelines for starting Long Range Planning efforts. After discussion, consensus was to start the process near the end of FY 2003/2004, as the Library would have acquired more statistics to support planning efforts by that time. e. List of Library Planning Consultants Library Director Mary Rodne distributed a list of certified Planning Consultants for The New Planning for Results for the Board to review and discuss. No action taken. VIII. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT President Carol Wollin presented a report to the Board. She announced that the Friends of the Library were sponsoring An Evening with H.W. Brands on Tuesday, March 9, 2004, at the Colleyville Heritage High School, at 7:00 p.m. A tentative date of April 30, 2004, had been set for the fourth edition of the Friends of the Library Who Wants to be a Millionaire event. President Wollin also informed the Board of the Friend's recent award of $10,000. in library books from the Friends of the Libraries, USA. In addition, she reviewed the planned uses of the monies received from a recent Verizon Grant. IX. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT Director Mary Rodne presented a report in the absence of Mayor Pro Tem Tigue. She announced that The Colleyville Public Library had raised over $150,000. in its first year of existence. The Foundation would be giving a check to the Library for $65,000 at a City Council Meeting in February. It was noted that $50,000. of the donation would be used for new library materials such as DVDs, magazines, reference books and online databases; $10,000 from the Robert and Helen Glaser Foundation would be used for the Summer Reading Program and other children's programming; and $5,000. would be used for other program needs that had been requested by staff. x. SUGGESTED ITEMS FOR FUTURE MEETINGS Susan Barzelay informed the Board that she would be attending the Historical Preservation Committee meeting on Tuesday evening to discuss the development of an Oral History Program. Chair Pat Jones and the Library Board expressed appreciation to the City for the Dedication and Opening Celebration. The Board commended City staff for their efforts in planning this event. XI. ADJOURN: A motion was made by Mary Alice Rippe, seconded by Gary T araba to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 9:25 p.m. Colleyville Historical Preservation Committee Minutes February 10, 2004 I. Call to Order The meeting of the Colleyville Historical Preservation Committee was called to order at 7:05 p.m. Members Present - Sammie Bolling, Lila Coley, Joe Deupree, Gerald Hartman, Jr., Ed Havran, Brenda Miller, Shirley Schollmeyer, Tommy Taylor and Nelson Thibodeaux. Members Absent - Molly Munson Staff Present - City Council liaison Jon Ayers and Communications Manager Dixie Cawthorne. II. Approval of Minutes of January 13, 2004 Nelson Thibodeaux made a motion to approve the minutes of the meeting of January 13, 2004, second by Ed Havran. Motion was approved. III. Discussion of Recognition for the 50th Year Celebration of the Colleyville Volunteer Fire Department Ed Havran reported that a tentative date of March 17, 2004, has been set for the City Council to present a Proclamation to celebrate the 50th anniversary of the Colleyville Volunteer Fire Department. A special invitation will be sent to Mrs. Billie Jo Hubbard who donated the minutes of the first organized meeting of the Colleyville Volunteer Fire Department. IV. Discussion of City of Colleyville 50th year Anniversary Event Nelson Thibodeaux reported that he has obtained information from other cities and presented ideas for the committee to consider. He included a handout to committee members and suggested forming 3 to 5 sub-committees. Dixie Cawthorne suggested that the committee form a planning group independent of the Historical Preservation Committee to generate ideas and an action plan to present to the City Council. Chairman Joe Deupree appointed Dixie Cawthorne, Dianne McWethy, Nelson Thibodeaux and Tommy Taylor. Tommy Taylor will research the history of the Pleasant Run School building. Deputy City Manager Dianne McWethy arrived at the meeting. V. Update of Local Historical Marker Application Program City Council liaison Jon Ayers reported that he is attempting to contact the Harrington family. He also stated that he would possibly have something in writing on the Cheek home, and the importance of truck farming in the Pleasant Glade area, to the community by the March meeting. VI. Bransford Depot Marker Replacement Dixie Cawthorne reported that Southwell could revise the marker with two poles rather than one for better support at no charge. Also the location of the marker could be moved closer to the trees to make it less accessible to damage. VII. Update on Relocation of State Historical Marker Colleyville Mayor Joe Hocutt has written the Tarrant County Historical Commission the required letter authorizing the placement of the Dr. Colley marker on the site of the new Colleyville City Hall. The marker is currently located at 5400 Bransford Rd. will be moved to the new city hall located at 100 Main Street. VIII. Overview of Development of Colleyville Local Historical Collection for the Colleyville Public Library - Library Director Mary Rodne Mary Rodne gave an overview of possible projects that the committee could be involved in to develop a local history collection for the library, such as creating oral history recordings of local residents, artifact exhibits and library programs that involve the community IX. Discussion of Preservation of Colleyville's History Susan ? is researching grants that may be available to buy materials and equipment for compiling oral history. She will return to the committee with information on the project. X. Discussion of Historical Preservation Information for the Colleyville Website - Communications Manager Dixie Cawthorne Dixie Cawthorne reported that the Colleyville Website can be restructured to include a separate historical site for the local historical marker program that would run from the original website. Dixie could maintain and add to the site as needed. The cost would be $950 that could be funded from the Local Historical Marker program. She stated that it would include state historical marker information and maps and would create an educational enhancement for the community, schools and visitors to the site. Ed Havran made a motion, second by Gerald Hartman, Jr., to spend $950 from the Local Historical Marker fund for a Colleyville Historical Website. Motion approved. Dixie reported that the bid was awarded to Southwell in the amount of $1500 for the Eudaly marker that should be completed in 4 to 5 weeks. The dedication of the marker will be held in the Spring. XI. Update of Historical Preservation Foundation Shirley Schollmeyer reported that the City was waiting on legal information from City Attorney Ross Foster defining the parameters pertaining to gifts and donations to the Colleyville Historical Preservation Foundation. XII. Adjourn Ed Havran made a motion to adjourn, second by Brenda Miller. The meeting was adjourned at 8:55 p.m. The next regular scheduled meeting will be March 9, 2004, at 7:00 p.m. RESOLUTION R-04-2356 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF APRIL 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