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HomeMy WebLinkAboutCity Council-Agenda Packets-12/21/2004 city Of (TYJ,........ \U TIcg Texas AGENDA CITY COUNCIL MEETING 100 MAIN STREET DECEMBER 21, 2004 5:15 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM 5:50 P.M. - SH26 ADVISORY COMMITTEE AND PARKS AND RECREATION ADVISORY BOARD APPLICANT INTERVIEWS PC-1. Update of Economic Development Initiatives PC-2. Discussion of a Branding and Marketing Development Program PC-3. Presentation of Monthly Financial Report PC-4. Discussion of December 21,2004, 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. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Sec. 551.071 - 100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - INVOCATION: Environmental Conservation Organization (UECO"), Montclair Pare Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Pending Litigation - Helen Boyce Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS Pastor Eric Vaughan, First Baptist 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 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2483 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 7, 2004 b. Approval of an Encroachment and Joint Use Agreement on Lot 18, Block 3, Brighton Oaks Addition, located at 3101 Hickory Hill Lane, Case G-04- 035 c. Approval of Contracts for Printing Services to JMAC Enterprise and Datamax PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1494 - Approval of a Special Use Permit for an accessory building located on Lot 1, Block 1, Wood Estate, located at 411 McDonwell School Road East, Case Z-04- 037 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1495 - Approval for a Zoning Change from AG to CC1 on property located at 6401 and 6405 Colleyville Boulevard, Case Z-04-038 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1496 - Approval of Amendment to Chapter 22, Article VI of the Code of Ordinances regarding Mass Gathering Regulations, Case G-04-026 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1497 - Approval of an Amendment to Chapter 3, Section 2.24.D of the Land Development Code regarding Temporary Use Permits for community special events, Case Z-04-036 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1498 - Approval of a Zoning Change from AG to R40 on Block 1, Lots 1 and 2, Cooper Addition located at 7300 John McCain Road, Case Z-04-039 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1499 - Approval of a City Developer Agreement with Broadland Limited Partnership for Whittier Heights Additions 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1500 - Approval of a City Developer Agreement with Old Grove Limited Partnership for Old Grove Additions 11. READING AND PUBLIC HEARING - Resolution R-04-2484 - Consideration of appointments to the SH26 Advisory Committee 12. READING AND PUBLIC HEARING - Resolution R-04-2485 - Consideration of appointments to the Parks and Recreation Advisory Board 13. READING AND PUBLIC HEARING - Resolution R-04-2486 - Consideration of appointments to the Tax Increment Financing District Board of Directors 14. READING AND PUBLIC HEARING - Resolution R-04-2487 - Appointing a Tax Increment Financing District Board of Directors' Chairman 15. READING AND PUBLIC HEARING - Resolution R-04-2488 - Approval of a Request by Congregation Beth Israel to move a portable building to property located at 6100 Pleasant Run Road, Case G-04-024 REPORTS: 16. COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - October 11, 2004 COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE MINUTES _ December 2,2004 COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE MINUTES _ December 8,2004 CITIZEN COMMENTS: 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 21, 2004 _ Reading and Public Hearing - Resolution R-04-2489 ADJOURNMENT: 19. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, December 17, 2004, at 5:00 p.m. ~~ Cynth1a Si~eton, TRMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. 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. PRE COUNCIL cc@m", AGENDA BRIEFING i~:-.:.,$ MEETING DATE: I ITEM#: I 12/21/04 PC-1 CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW IN/A Previous Action: None DEPARTMENT: ECONOMIC DEVELOPMENT SUBJECT: Update of Economic Development Initiatives This item provides an opportunity for the Economic Development Manager to present an update of Economic Development Initiatives. Attachments . Memorandum of Economic Development Initiatives MEMORANDUM TO: Mayor and City Council FROM: Scott Welmaker, Economic Development Manager DATE: December 21, 2004 SUBJECT: Update of Economic Development Initiatives Council has requested an economic development update at the first City Council meeting of each month. Some of the initiatives under development since the last report include: · Attendance and participation in the International Council of Shopping Centers Southwest Conference in San Antonio November 16-18, 2004; · Worked with Town Center developer to create an incentive program to attract two lead tenants to Phase II; · Developed revenue projection analyses for these two proposed projects; · Working with broker to explore development opportunities at Glade Road and Heritage Road - 4 acre project to include retail and office; · Working with ServiStar owners to develop their properties at John McCain and SH 26; · Working with developers to purchase the City-owned 1.9 acre tract at Church Street and SH 26; · Met with two prospective developers and tenants. Provided demographic information to three additional prospects; · Working with the Buxton Group to finalize pursuit packages for selected retailers; · Developed an outline for Council to begin the branding process; · Worked with developers and city staff to help gain Texas Department of Transportation approval for a traffic light at SH 26 and Longwood Street; · Joined Commercial Investment Broker (CIBnet) online real estate network; · A draft is complete for a strategic plan in accordance with recommendations in R-02- 2262 and the goals for FY2005 listed in the City budget; · Worked with City Attorney on clarifying uses of 4B sales tax to report to CEDC on November 30; · Working with City departments to develop a SH 26 redevelopment plan; · Developed color brochures and marketing materials; · Participation in the Colleyville Chamber of Commerce Expo 2004; · Working with the Community Development Department to plan redevelopment for the "Thompson Terrace triangle" and other areas which will be impacted by the widening of SH26; · Continuing to network with commercial developers to present Colleyville as an attractive development opportunity; · Ongoing development of contacts with commercial real estate agents including membership in North Texas Commercial Association of Realtors, International Council of Shopping Centers, CIBnet and Commercial Real Estate Women; · Ongoing work with the Community Development department to evaluate proposed commercial projects; · Continuing to contact prospective tenants and developers and developing a list of businesses for targeted marketing. This list has been enhanced by the outcome of Phase II of the Buxton Community ID report and targeted lists from the two active developers in Colleyville; · Ongoing participation in groundbreakings, ribbon cuttings and grand openings of Colleyville businesses; · Continuing to meet Colleyville small business owners and operators; · Ongoing participation in Leadership Colleyville; · Graded Certified Economic Developer exams in Austin on Saturday, November 20, 2004 completing requirements for CEcD recertification in 2005; · Continuing as the City's ambassador as a board member of the Colleyville Area Chamber of Commerce and ArtsNET and providing updates to citizens through public speaking engagements at civic clubs. PRE COUNCIL Cil)" Of CCe~'" AGENDA BRIEFING IC'X":; MEETING DATE: ITEM#: I 12/21/04 PC-2 CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW I Previous Action: None DEPARTMENT: ECONOMIC DEVELOPMENT SUBJECT : Discussion of a Branding and Marketing Development Program Staff has researched the branding process for cities. Attached is an outline of the process, an article on Frisco's recent process and excerpts from a consultant's brochure. The competitive market for new business is fierce. Much as any consumer product, a city must identify and promote its position in this market. The branding process seeks community input to identify how stakeholders view their city. The process results in a unique branding identity. The output should be a marketing campaign on which there is wide community consensus, including a new logo, marketing materials and a promotional program. Attachments . Memorandum of the Branding Process in outline form . Dallas Morning News article about Frisco's branding process . Examples and costs associated with hiring a consultant to assist in the branding development process MEMORANDUM TO: Mayor and City Council FROM: Scott Welmaker, Economic Development Manager DATE: December 21,2004 SUBJECT: Branding Colleyville POSITIONING - the place you occupy in the mind of the prospect - like an image or identity, but it deliberately plays off the competition. The goal is to position Colleyville against the competition, not in a vacuum. . The approach is not to create something new and different but to retie the connections that already exist. Characteristics: . Singular - two communities can't occupy the same position . Meaningful - resonates with prospects and key decision makers . Descriptive - informs and enlightens . Memorable - clever and original but not obscure . Benefits-oriented - translates features into benefits . Positive - repositions Colleyville in the best light, avoids negative connotations . Short and Simple - no more than seven words, easy to say, pronounce and spell . Enduring - not trendy . Available - clears trademark and domain name checks Tips: . It is better to be first than better. . If you can't be first in a category, create a new category. . Be singular. Solidly stand for one thing and prospects will associate you with other positive things. . Don't try to imitate the leader. Be a contrarian. . Avoid the old and trite. BRANDING - the essence, personality of Colleyville. A unique identity or symbol that differentiates Colleyville from competitors, inspires trust and reduces the risk of engagement Branding Colleyville Page 2 of 3 Branding elements: . Name . Logo . Tagline . Marketing materials . Offices . Community attitudes, values, culture and behaviors Benefits : . Helps prospects make informed choices among attractive alternatives . Gives them a clear reason to select Colleyville . Capitalizes on Colleyville's unique selling proposition . Defines the benefits that prospects derive from locating in Colleyville . Delivers on a promise . Creates identity that prospects and clients can relate to . Creates brand equity, the difference between generic product and branded product . Fosters brand loyalty . Humanizes Colleyville by reflecting its attributes, character and personality . Evokes feelings of confidence, trust, strength and status . Maximizes recognition and awareness of community THE BRANDING PROCESS Internal analysis . Identify economic contexts and trends . Compile competitive advantages of Colleyville o Data o Interviews . Understand community goals Prospect analysis . Narrow target sectors to match competitive advantages . Identify decision-makers and influencers . Understand their site criteria o Look for factors you can most influence Competitive analysis . Analyze competitor's strengths and weaknesses in target sectors . Compare competitor's brands: o Ad boards o Web boards Branding Colleyville Page 3 of 3 o Brochure boards o Tagline comparisons o Logo comparisons Create the Brand . Translate SWOT (Strengths, Weaknesses, Opportunities and Threats) into competitive advantages o Leverage strengths: convert features into benefits into unique advantages that speak to prospect's hot buttons o Exploit competitor's weaknesses . Look for a niche that no one else occupies . Draft tagline that positions Colleyville as unique . Test tagline for impact, memorability and relevance . Translate message into visual brand o Logo o Type face o Color palette o Style or tone o Apply brand to everything we do Printed from dallasnews.com Page 1 of 1 DallasHews.(om ijf}r 1IJallas jttorniug ~dtJs Frisco logo has star quality Design's symbol is meant to show city as on the rise in Texas 12:27 AM eST on Friday, November 5, 2004 By STELLA M. eHA VEZ / The Dallas Morning News FRISCO - A new star is on the Texas horizon. Leaders here say it's their city. The Frisco Convention & Visitors Bureau unveiled a new logo Thursday that emphasizes that point, and they hope it will draw more visitors to the fast-growing suburb. The logo displays the phrase Texas' Rising Star in red above the word Frisco, which is in larger blue type. The letter C resembles a path leading to a star, or as Mayor Mike Simpson put it, a red carpet. "1 think it's a great logo," said Mr. Simpson, who participated in one of four focus groups to study the issue. "We worked a long time to get this." The bureau hired The Dealey Group advertising agency in April to work on the branding. Focus groups included residents, civic leaders, city officials and members of the business and sports community. At the unveiling, the bureau also showed a new marketing video that flashed images of city landmarks and businesses to the tune ofU2's "Beautiful Day." "We're trying to promote this as a fun place to be," said Marla Roe, bureau executive director. "We wanted something that was bright, catchy and made people stop and look." Ms. Roe said the bureau is focusing on three types of visitors: those coming for leisure, participating in conventions and attending sporting events. The marketing effort comes at a time when numerous projects are under way in this city of72,533 people. A 90,000-square-foot conference center and a soccer and entertainment complex are under construction. Both are scheduled for completion in the spring. E-mail schavez@dallasnews.com Online at: http://www.dallasnews.com/sharedcontenUdws/news/city/collin/stories/110504dnccobrand.8de9c.html http://www.dallasnews.com/cgi-bin/bi/go1d~rint.cgi 1115/2004 Partners for ~.tf(t....." ::::1:::: ,..e....' ,..\IIl..... f........ '........ ,...41.."'.- ......."J;I.. Livable Communities I Partners for Livable Communities Communitv Technicallssistance PrOgram ~----------------. ~r over 25 years, Partners has helped communities improve their quality of life, and as a result, has brought about economic and social development to towns and cities across America. Partners' unique approach to community development, is called amenity planning. Amenities are those aspects that make a community ideal for living and working, such as the arts, culture, folklore, popular culture, humanities, and the natural environment. A community rich in amenities, or quality of life, is more likely to attract skilled workers, satisfied residents, tourism, and business investment. A livable community is a vibrant and strong community. Amenity planning considers a community's cultural planning, humanities planning, natural resources, and physical design. In 25 years, Partners has applied amenity planning to places far and wide, brining about better living for our client communities. Partners is committed to helping communities become livable places for all their residents and workers. Through Partners' Community Technical Assistance Program, cities and towns receive guidance on improving their amenities, while encouraging growth and livability. "Little did we know that when we asked Partners to do a charette for Broad Street, we would set in process a whole new civic agenda for Richmond. " I -John Snow, U.S. Secretary of the Treasury our services services of hands-on help Charettes on Community Development - New Idea Corps: Implementing Best Practices in Your Community - Design/Development Charette - Placemaking - City Gateway Assessment Branding & Marketing Services Jump start programs Strategic Planning - 1 :1,12 day Workshop Consulting on Municipal Strategies Executive Consulting Service Speech Service & Brainstorming Sessions new programs Leadership & Visioning Training Livability Consulting for Smaller Communities Culture Builds Communities: Putting Culture to Work for Economic & Community Development A Community Checkup: A Comprehensive Strategic Review of Your Community Information & networking services Livability Central Meeting & Conference Management Public Speech Services National and International Study Tours Resea rch Services services 01 hands-on help CHARETTES ON COMMUNITY DEVELOPMENT Some communities may require immediate fixes to problems they are facing, but desire an innovative solution with hands-on help. Partners can organize a charette, a 2-3 day workshop and brainstorming session that focuses solely on one community issue. Clients discuss the problem with Partners acting as the facilitator, and the charette concludes with setting goals for solving the issue. Partners provides the expertise, drawing on its trustees, core members, and a roster of technical assistance consultants. All local meeting arrangements are the responsibility of the contracting community. Partners has coordinated charettes in many cities that resulted in renewed commitment to a public issue. · In Camden, New Jersey, a two-day charette resulted in a report to the Camden Redevelopment Agency that identified the city's strengths, weaknesses, and potential areas of action. One recommendation helped establish Camden Marketfest, a downtown festive market event. The charette also led to the creation of a new Office on Neighborhoods. · Partners' Community Planning Charette for Fontana, California, contributed to the initial planning for a new government/civic center complex. Partners designed a participatory process to involve citizens in the idea and programming phase of the project, using focus groups and a design charette. The project generated community interest and a design that reflected the citizens' desire to capture a sense of community and a link with their rich agricultural heritage. Clients may choose from a variety of charette topics: · New Idea Corps: Implementing Best Practices in Your Community - This service looks at a narrow issue raised by the client and applies a solution that has worked in other communities. Partners' consulting team meets with local leaders to discuss how the best practice should be adapted to the local culture, geography, economics, and political climate. At the end of the first or second day, Partners consultants will deliver a written implementation strategy. · Design/Development Charette - Partners offers assistance with a design or development issue in your community through its design/development charette. The charette is run by a group of professionals from diverse fields such as design, engineering, transportation, planning, and economic development. A charette can range from 1112 to 3 1/2 days and can be organized for broad community involvement. Past projects include: · The Hartford Downtown Council and the Greater Hartford Arts Council contracted with Partners to conduct a four-day cultural planning charette. The charette brought together professionals with expertise in events programming, economic development, tourism attraction and promotion, institutional management, and urban planning. They developed recommendations and guidelines for 1) improving the appearance and program activities of Hartford's public open space; 2) attracting more visitors, shoppers and business interests to the city through an improved city image and public awareness campaign; and 3) developing an immediate Community Technical Assistance Program 7 implementation mechanism for short-term, highly visible projects. . A one-day project examined the site of an 18th century brewery in central Baltimore. Maryland, to generate workable, low-cost design ideas for the site that would sustain its public education function, provide a continuous link with other nearby historical sites, and be relatively maintenance free. The consultation, undertaken with the Baltimore Center for Urban Archeology, also advised the City of Baltimore how history could be integrated into a new community development. . Place making: Designing and Planning Physical Spaces - Communities can create distinctive places centered on their public art. Partners' Placemaking service helps communities design and landscape a distinctive place that enhances their identity. Work is conducted through a charette composed of architects, designers, historians, and planners. Members of the charette identify key themes to be highlighted and invite local artists and designers to work with them to design the new civic space. . City Gateway Assessment - Many communities have a less than adequate city gateway. Partners can organize a nationally prominent team of consultants to design a thematic forum exploring a quality entry for your community. "Thank you for all that Partners has done to assist Chattanooga. You have been at the heart of our major civics initiatives which had lasting results." - Deaderick C. Montague President, Lyndhurst Foundation BRANDING AND MARKETING SERVICES - Partners can develop and coordinate a marketing campaign or public relations strategy to effectively serve the promotional needs of a single project or an entire city. This can include such services as local and national multimedia campaigns, and the design and production of brochures, posters, and other promotional materials. . Partners conducted a charette in Brea, California at the request of the city manager. The task was to create public involvement in a 23-acre downtown area under urban renewal. Partners, in conjunction with commercial firms, developed a process whereby the citizens would have a weekend to express their views. Developers were also invited to participate. The participation of local citizens ensured that the project had widespread neighborhood support and incorporated local concerns. . Partners was retained by the City of Fontana, a rapidly growing community in San Bernardino County, California, to engage its new citizens and old-time residents in designing a new civic center. The public considered such questions as: What should it include? What could become the new heart of Fontana? Citizens agreed it should serve as a neutral gathering place for all citizens and project an image of a caring government. The civic center project engaged some 500 citizens, with Partners providing training for community facilitators. 8 Community Technical Assistance Program Partners around the world: where Partners has worked Cities Alabama Birmingham Mobile Arizona Phoenix Scottsdale Tucson Arkansas Fayetteville Helena Little Rock Northwest Arkansas Coalition Pine Bluff California Brea Carlsbad Chula Vista Escondido Fontana Glendale Hayward Los Angeles Mendocino Oakland Pasadena Riverside Sacramento San Diego San Francisco San Jose Santa Barbara Stockton Ventura Walnut Creek Woodlake Colorado Colorado Springs Denver Pueblo Steamboat Springs Connecticut Danbury Hartford New Britain Delaware Wilmington DC - - - - - - I Rorlda I I Clearwater I Ft. Walton Beach I I Gainesville I Jacksonville I Miami I I Orlando I Pensacola I I St. Petersburg I Sarasota I I Tampa I Georgia : Atlanta I Macon I Savannah HawaII Honolulu illinois Chicago Indiana Bloomington Columbus East Chicago Elkhart Fort Wayne Gary Greencastle Indianapolis Jeffersooville Madisort Noblesville Portland Richmond Terre Haute Kansas Kansas City Kentucky Ashland Lexington Louisville Louisiana New Orleans Maine Lewiston Portland Maryland Annapolis Baltimore Columbia Frederick Rockville Salisbury Massachusetts Boston Fall river Lowell New Bedford North Adams Salem Springfield Michigan Battle Creek Cooper Harbor East Lansing Flint Grand Rapids Jackson Marquette Saginaw Traverse City Minnesota MinneapOlis St. Paul Mississippi Friar's Point Missouri Kansas City St. Louis New Jersey Camden Newark Paterson Princeton Trenton Weehawken New Mexico Albuquerque Hobbs Las Cruces Santa Fe New York Albany Buffalo Newbury New York City Rochester Suffern North Carolina Asheville Chapel Hill Charlotte Fayetteville Greensboro High Point Wilson Winston-Salem Ohio Cleveland Cincinnati Columbus Dayton Oxford Springfield Toledo Oklahoma Oklahoma City Tulsa Oregon Eugene Portland Pennsylvania Easton Philadelphia Pittsburgh Scranton Wilkes-Barre Puerto Rico Manate San Juan Rhode Island Providence South Carolina Charleston Myrtle Beach Tennessee Chattanooga Knoxville Memphis Texas Dallas Fort Worth Galveston Houston San Antonio Utah East Valley Salt Lake City Vermont Burlington Virginia Alexandria Fairfax City Hampton 14 Community Technical Assistance Program Newport News Norfolk Reston Richmond Roanoke Washington Seattle Tacoma West Virginia Huntington Shepardstown Wisconsin Milwaukee Wyoming Cheyenne Jackson Hole Counties and Regions Maricopa County, AZ Contra Costa County, CA Napa Valley, CA Orange County, CA San Bernardino County, CA Dade County, FL Orange County, FL Pinellas County, FL Walton County, FL Dekalb County, GA Fulton County, GA Cook County, IL Marion County, IN Kansas City, KS Jefferson County, KY Pike County, KY Howard County, MD Pri e'sCoul1tx,J~D D nty, NM '..\.. States Arizona Arkansas California Florida Illinois Indiana Iowa Kentucky Maine Maryland Massachusetts Minnesota New Jersey New Mexico North Carolina South Carolina Tennessee Virginia West Virginia Wyoming Europe United Kingdom Birmingham Bristol Durham Halifax Leeds Liverpool London Manchester France Bordeaux Lille Lyon Germany Dortmund Bremen Italy Bologna Sorrento Turino Poland Krakow Warsaw Switzerland Geneva Spai~ Seville Sweden Helsingborg Australia Adelaide Brisbane Doncaster & Templestowe Knox Melbourne Newcastle Perth Townsville Sydney Wineroo State of Queensland Asia Taipei, Taiwan Peoples Republic of China Singapore Djakarta, Indonesia Katmandu Valley, Nepal The Americas Canada Calgary Edmonton Montreal Sault Ste. Marie Toronto Vancouver Winnipeg St. Lucia Dominica Bonaire British Virgin Islands Caracas, Venezuela St. Eustatius Rio de Janeiro, Brazil Sao Paulo, Brazil Africa Durban, South Africa Capetown, South Africa Johannesburg, South Africa "Each of us try in our way to make cities livable. Partners has been an excellent ve- hicle by which we and other American cities can communicate good ideas and a pOSitive progressive image... The future of any city is in its amenities, its quality of life. Partners...not only helps get you started, it helps you find that future. !1 ~ \lV/Warn H. Hudnut Mayor, City of Indianapolis Community Technical Assistance Program 15 list 01 lees JUMP START PROGRAMS Strategic Planning - 1112 day Workshop.................................................................$ 9,500 + travel Consulting on Municipal Strategies................... ............................ ..........................$10,000/12 months Executive Consu Iti ng Service................................................................................... $ 2,500 Speech Service and Brainstorming Sessions............................................:............$ 1,200 - $3,000/day NEW PROGRAMS Leadersh i p & Vision i ng Trai n ing................. .................................... ......................... Upon Negotiation Livability Consulting for Smaller Communities....................................................... Upon Negotiation Culture Builds Communities: Putting Culture to Work for Economic & Community Development................................................................ Upon Negotiation A Community CheCkup: A Comprehensive Strategic Review of Your Com m unity................................................................................................ Upon Negotiation Charettes on Community Development.................................................................. From $25,000, + expenses New Idea Corps: Implementing Best Practices in Your Community Design/Development Charette Placemaking: Designing & Planning Physical Spaces City Gateway Assessment Brandi ng & Marketing Services..................... ..... .................. ........... ........................ From $25,000, + expenses INFORMATION & NETWORKING SERVICES Meeting & Conference Management In itia I Pia n n i ng Services.............................................................................. From $25,000 Other Services............................................................................................. Upon Negotiation Pu blic Speech Services..... ...................................................................................... .$3,000 + expenses National and International Study Tours.... ........................................... ................... Upon Negotiation Resea rch Services................................................................................................... .Based on needs contact information Yes, I would like to make my community more livable! To request Partners' services for your community, please contact us: Partners for Livable Communities 1429 21st Street, NW Washington, DC 20036 www.livable.com Phone: (202) 887-5990 x 2J Fax: (202) 466-4845 E-mail: bmcnulty@livable.com 16 Community Technical Assistance Program PRE COUNCIL ccece "'l~:\:" :; AGENDA BRIEFING MEETING DATE: ITEM # : REPORT # : 12/21/04 PC-3 i CITY MANAGER I DEPARTMENT HEAD'! FINANCE REVIEW I Previous Action: None N/A DEPARTMENT: FINANCE SUBJECT : Presentation of the Monthly Financial Report - November 2004 General Fund The percentage of current year taxes collected is ahead of November 2003 collections by over 2%, and delinquent tax collections continue to be up. Sales tax revenue received in November was up $20,046/9.03% over the amount received in November 2003. Sixteen residential building permits were issued in November as compared to eleven issued in November 2003. Municipal Court revenues are up due to a greater number of citations issued. The average amount expended by the departments at the end of November is 13.4%. Utilitv Fund Water usage decreased over the amount in November 2003 due to greater rainfall in November 2004. The average amount expended by the Utility Fund at the end of November is 10.5%. Attachements . November 2004 Monthly Financial Report MONTHLY FINANCIAL REPORT - NOVEMBER 2004 Current Taxes Delinquent Taxes Penalty & Interest $7,280,321 60,000 38,000 $451,733 19,353 4,783 $450,000 $10,000 $6,333 $443,985 11 ,405 1,715 1.75% 69.69% 178.89% .......,..............-.............................................................................................................. .......................................................................... ....................................................................... ..................................... m~WteMe;@MA(;p8.l;=Mm&*l.;$.):):~t;8:7~i~4V::~lt~i~9~:H~~@~~ TXU Electric $780,000 $0 $0 $0 0.00% Tri-County Electric 65,000 0 0 0 0.00% TXU Gas 175,000 0 0 0 0.00% Southwestern Bell 107,165 26,913 26,791 26,493 1.59% Verizon/Others 60,000 13,869 12,750 13,548 2.37% Refuse/Recycling 88,000 12,831 10,625 12,062 6.38% Cable TV 119,500 31,601 29,875 29,281 7.92% .'.-...................'...............'.............................................. ..................-..'.......................,...................................... ................................................................... ........................................................... "t@TeM.FRANPH!$.l.;m8.K~$:::$~;~;~?r Sales Tax Mixed Beverage Tax $1,695,600 50,000 $241,946 10,926 $237,384 12,500 $221,900 9,068 9.03% 20.49% ..................................... ............-....................... ........................................ ~?~g;~7g .:~g#ij;j~~..:L~g~Q;~~... Building Plumbing Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits $705,186 $139,038 $117,531 $165,740 -16.11% 112,923 24,211 18,821 21,323 13.54% 71,628 12,338 11,938 14,322 -13.85% 47,551 5,310 7,925 6,480 -18.06% 160,000 46,457 26,667 51,808 -10.33% 2,900 752 483 329 128.57% 3,120 60 520 92 -34.78% 7,000 1,060 1,167 890 19.10% 5,400 850 900 775 9.68% 7,500 1,450 1,250 1,500 -3.33% .................................................................. ........................................................... .................................... .................................. ........................................... T~WtAgiji.mgN$.g$.~pgRMrr$:::::.::"jij.~i;pj::j.g~j:i~g~.~j~?;iQj::..i?~~;I~g Fines False Alarms Library Fines $510,000 7,500 8,500 $75,512 o 2,389 $85,000 625 1,417 $57,270 o o 31.85% 0.00% 100.00% MONTHLY FINANCIAL REPORT - NOVEMBER 2004 Re-zoning $14,000 $3,019 2,333 $1,500 101.27% Plat Fee/Site Plan 13,500 3,529 2,250 3,051 15.67% Board of Adjustment 1,500 250 250 0 100.00% Sale of Material 2,000 668 333 324 106.17% Weed Mowing 3,500 150 583 1,909 -92.14% Animal Impoundment 2,889 0 482 285 -100.00% Ambulance 95,214 28,196 15,869 16,754 68.29% Recreation Program 124,895 7,657 8,900 8,873 -13.70% Non-Resident Fee Parks 23,000 4,050 4,000 0 100.00% Field Use Charge 20,000 5,515 5,000 0 100.00% Engineering & Inspection 80,000 35,383 13,333 13,399 164.07% Chgs & Reimbursements 9,000 2,070 1,500 977 111.87% Community Center Rental 175,000 34,060 29,167 46,488 -26.73% Library Building Rental 300 0 50 0 0.00% Lot Drainage Insp Fee 21,250 3,625 3,542 5,125 -29.27% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ...................................................... .[q[m4qH~@~$FqR~gRVlQ$:........i.....$.I~i~i DARE Officer Reimb $73,872 $0 $0 $0 0.00% .................................................................. ... ........................................................ ..[q[mg..IN[gt!wqVgRNM~@t.#;M .........:.:...........::..:.......:.......:............~?~;~?g Sale of Surplus Property $10,000 $0 $0 $0 0.00% Interest Income 170,000 1,762 1,800 1 ,458 20.85% Miscellaneous 33,000 33,309 27,750 6,322 426.87% Use of Fund Balance 344,744 0 0 0 0.00% Celebrate Colleyville Contributions 11,000 5,900 6,000 3,830 54.05% Tower Rental 49,000 6,919 6,700 4,325 59.98% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'tqTmWM!$QgkgAN.gQg$U.:~~~.fiZ#!.~~zi~~p.:.!~gg$Q Transfer from Utility Fd $475,000 $0 $0 $0 0.00% . ........ ...................... ................................................ ................................ .................................... ................................................ ................................ TQT~@~N$.fikfQNPRgYgN9g$...~j.~;g!9;~~...::~~:;g~g;~~~.!1;gQ9;~~:~1;gQ1;~9~iJW% MONTHLY FINANCIAL REPORT - NOVEMBER 2004 TOTAL PERCENT FY 2005 THROUGH THROUGH INCREASE INCREASE BUDGET 11/30/2004 11/30/2003 (DECREASE) (DECREASE) % OF CURRENT TAX ROLL COLLECTED 98.9% 10.72% 8.57% 2.15% 25.09% RESIDENTIAL BLDG PERMITS 160 26 35 (9) -25.71% COMMERCIAL BLDG PERMITS 10 5 5 0 0.00% PLUMBING PERMITS 900 214 193 21 10.88% ELECTRICAL PERMITS 400 83 85 (2) -2.35% CITATIONS ISSUED 8,800 1,130 881 249 28.26% CITATIONS APPEALED 150 92 90 2 2.22% City Council and Secretary City Manager Finance Legal Engineering Economic Development Building Inspection Community Development Fire Police Parks Recreation Library Communications Colleyville Center Streets & Drainage Municipal Court Fleet Maintenance Building Services Information Services Capital Equipment Reserve Performance $308,531 623,091 470,257 70,000 461,279 152,835 301,988 282,684 3,017,388 3,135,076 1,268,213 287,648 475,470 145,221 345,334 1,456,026 237,688 181,246 232,680 165,518 45,740 256,158 $34,561 89,444 62,151 7,769 46,551 23,651 36,914 35,166 535,638 450,812 201,005 33,474 59,184 14,389 39,721 93,002 23,311 23,476 18,370 32,682 o o ..................................... n. $j;~~1igI1. ......... $35,196 91,295 64,937 5,833 49,218 23,921 37,983 36,099 539,207 451,714 199,731 33,080 59,244 15,393 40,404 94,496 24,886 23,702 18,780 33,551 o o ............................... ............................... ............$. ...1.....8.. .7" 8.. .,,6.. "7" O. ...... ...... ... . .. ~:~:>>:. ..~:..~~~..::::::::..:::~~.:::L:<:.f 11.2% 14.4% 13.2% 11.1% 10.1% 15.5% 12.2% 12.4% 17.8% 14.4% 15.8% 11.6% 12.4% 9.9% 11.5% 6.4% 9.8% 13.0% 7.9% 19.7% 0.0% 0.0% $273,970 533,647 408,106 62,231 414,728 129,184 265,074 247,518 2,481,750 2,684,264 1,067,208 254,174 416,286 130,832 305,613 1,363,024 214,377 157,770 214,310 132,836 45,740 256,158 ................................,...~ /~~g;~;~P9H MONTHLY FINANCIAL REPORT - NOVEMBER 2004 Water Sales $6,474,194 $1,050,988 $1,097,376 $1,069,708 -1 .75% Sewer Sales 2,016,996 347,516 336,166 321,844 7.98% Sewer Installation 44,800 7,210 7,467 3,900 84.87% Water Installation 16,000 5,600 2,667 8,750 -36.00% Sewer Tie-on Charges 10,000 2,004 1,667 6,517 -69.25% Engineering Charges 35,000 14,894 5,833 7,524 97.95% Penalties 173,566 30,610 28,928 28,936 5.79% Miscellaneous 9,300 1,226 1,550 1,178 4.07% Interest Income $250,000 TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 11/30/2004 11/30/2003 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 295,902,666 301,891,300 (5,988,634) -1.98% NUMBER OF WATER CUSTOMERS 8,098 7,787 311 3.99% Administration $200,753 $25,103 $25,266 12.5% $175,650 Billing 259,133 26,840 27,612 10.4% 232,293 Operations 6,360,581 768,539 792,210 12.1% 5,592,042 Debt Service 1 ,135,287 64,860 64,860 5.7% 1,070,427 Performance Pay 38,173 0 0 0.0% 38,173 Transfer to General Fund 475,000 0 0 0.0% 475,000 PRE COUNCIL cc@n", AGENDA BRIEFING IL'.":'!S MEETING DATE: I ITEM#: I 12/21/04 PC-4 CITY MANAGER I ~ DEPARTMENT HEAD I FINANCE REVIEW IN/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the December 21, 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 cur Of CCe~", AGENDA BRIEFING Il~:o;,,5 MEETING DATE: ITEM#: RESOLUTION #: 12/21/04 1 N/A CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW I NIA 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 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Environmental Conservation Organization ("ECO"), Montclair Parc Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Pending Litigation - Helen Boyce Brian K. Meroney vs. City of Colleyville Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard CITY COUNCIL cc@m", AGENDA BRIEFING le~~::; MEETING DATE: ITEM#: RESOLUTION #: 12/21/04 2 NIA CITY MANAGER i DEPARTMENT HEAD I FINANCE REVIEW I N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENT A TIONS RESOLUTION R-04-2483 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING DECEMBER 21, 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. Approval of minutes of the regular City Council meeting of December 7, 2004 b. Approval of an Encroachment and Joint Use Agreement on Lot 18, Block 3, Brighton Oaks Addition, located at 3101 Hickory Hill, Case G-04-035 c. Approval of Contracts for Printing Services to JMAC Enterprise and Datamax AND IT IS SO RESOLVED. 2004, BY A ABSTENTIONS. DAY OF NAYS AND APPROVED ON THIS THE VOTE OF AYES, ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor MINUTES OF THE CITY COUNCIL MEETING DECEMBER 7, 2004 The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on December 7,2004, at 5:20 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Interim Police Chief Rodney Cunningham, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Director of Public Works Keith Fisher, Economic Development Manager Scott Welmaker, Parks and Recreation Director Monica Walsh, Communications Manager Dixie Cawthorne, Microcomputer Technician Chris Pena and City Secretary Cynthia Singleton were also present. PC-1. Discussion and Instruction for the use of offsite e-mail Mr. Randy Purtell of Vital Resource Professionals provided instructions for the use of offsite e-mail and answered questions of the Council. Communications Manager Dixie Cawthorne introduced Chris Pena who will serve as the City's Microcomputer Technician. Council requested a copy of the City's e-mail policy. PC-2. Update of Economic Development Initiatives The meeting was adjourned prior to this item being discussed. PC-3. Discussion of a Branding and Marketing Development Program The meeting was adjourned prior to this item being discussed. CITY COUNCIL MINUTES DECEMBER 7,2004 PC-4. Review of Bond Election Information City Manager Bill Lindley provided an overview of the proposed bond election information and methods of disseminating the information to the citizens. Council determined that a video of the bond election information would not be produced and requested that citizens have the ability to submit questions via the City's website. There was general discussion regarding the format of the information to be provided to the citizens. Proposed modifications will be presented to Council during the January 4, 2005, Pre Council meeting. PC-5. Discussion of December 7,2004, City Council regular agenda items The meeting was adjourned prior to this item being discussed. Mayor Hocutt adjourned the meeting at 7:10p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on December 7,2004, at 7:11 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Interim Police Chief Rodney Cunningham, Public Works Director Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Parks and Recreation Director Monica Walsh, Economic Development Manager Scott Welmaker, Assistant to the City Manager Stephen Seidel, Microcomputer Technician Chris Pena, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Sec. 551.071 - 2 CITY COUNCIL MINUTES Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec, 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074 - Sec. 551.074 - Sec. 551.087 - DECEMBER 7, 2004 Environmental Conservation Organization (UECO"), Montclair Parc Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & SChneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Pending Litigation - Helen Boyce Brian K. Meroney vs. City of Colleyville Threatened Litigation - CMPA Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard City Attorney Compensation Personnel - City Manager's Performance Evaluation Deliberation Regarding Economic Development Negotiations Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property and Section 551.074, Personnel. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:13 p.m. and reconvened at 8:01 p.m. The invocation was given by Councilman Mark Skinner and City Attorney Ross Foster led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Pro Tem Ayers complimented volunteers and staff for their work on the Celebrate Colleyville event. Councilman Hendler expressed gratitude to the Celebrate Colleyville Committee and volunteers for hosting the Celebrate Colleyville festivities in the Village at Colleyville and at Town Center. Mayor Hocutt expressed appreciation to the citizens for supporting and attending the event. Mayor Hocutt presented a Proclamation to Don and Kathryn Crowley in recognition of their donation of teddy bears to the Police and Fire Departments. 3 CITY COUNCIL MINUTES DECEMBER 7, 2004 Ms. Pat Jones, Chairman of the Colleyville Public Library Board and Director of the Colleyville Public Library Foundation presented a matching grant of $15,000 from the M.R. and Evelyn Hudson Foundation, to Melissa Hassell, Colleyville Children's Librarian. Mayor Hocutt presented a Proclamation to Lieutenant Rodney Cunningham in recognition of 29 years of service and leadership in the Colleyville Police Department and for serving as Interim Police Chief. City Manager Bill Lindley expressed appreciation to Lieutenant Cunningham for his leadership and dedication as Interim Police Chief. City Manager Bill Lindley invited everyone to attend a reception to be held December 10, 2004, from 4:30 to 6:00 p.m., at the Colleyville Justice Center to welcome Police Chief Tommy Ingram. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2477 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 16, 2004 b. Approval of the minutes of the Joint City Council and SH26 Advisory Committee Worksession of November 15, 2004 c. Approval of the minutes of the City Council Worksession of November 10, 2004 d. Approval of a Preliminary Plat for Cambridge Place Addition, 9.2 acres located south of Centerpark, east of Colleyville Boulevard, Case P-04-040 e. Approval of setting a date for a public hearing to consider a request by Congregation Beth Israel to move a portable building to property located at 6100 Pleasant Run Road, Case G-04-024 Mayor Hocutt opened the public hearing and read Resolution R-04-2477 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan requested that Item "d" be removed and considered on ending Resolution R-04-2482. 4 CITY COUNCIL MINUTES DECEMBER 7,2004 Mayor Pro Tem Ayers moved to approve Resolution R-04-2477, with the amendment to remove Item "d" and consider on the ending Resolution R-04-2482. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1490 _ Approval to replace Ordinance 0-94-965, Chapter 94, Traffic and Vehicles, Maximum Prima Facie Speed Limit and School Safety Zones Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1490. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hendler moved to approve Ordinance 0-04-1490. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1491 - Approval to Repeal Ordinance 0-02-1382 and absolve the Ethics Commission Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1491. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hart moved to approve Ordinance 0-04-1491. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None 5 CITY COUNCIL MINUTES DECEMBER 7, 2004 Mayor Hocutt declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1492 _ Approval to Amend Ordinance 0-02-1372 relative to fees and reservations for the use of park athletic and recreation facilities Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1492. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the fees and policies associated with practice facilities for the youth sports associations. Parks and Recreation Director Monica Walsh provided information regarding the practice facility needs of the Colleyville Baseball Association and the Colleyville Girl's Softball Association, the City's practice fields, user fees and maintenance costs. Discussion ensued regarding the uniformity of the fees among the youth sports associations. Mayor Pro Tem Ayers moved to approve Ordinance 0-04-1492, with the amendment to Section 2, Playing Fields, Ballfields: Practice Fields, Item 2a: The City does not charge a fee for practice baseball/softball fields for youth sports associations and residents. The fee for each practice field for non-residents shall be $50.00 without lights and $90.00 with lights. Each session shall be no longer than two hours in accordance with the reservation schedule maintained by the Parks and Recreation Department. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1493 - Approval to amend Section 2 of Ordinance 0-04-1489 to authorize the expenditure of $45,000 for the printing of a Colleyville Historical Book Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1493. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 6 CITY COUNCIL MINUTES DECEMBER 7,2004 Councilman Skinner moved to approve Ordinance 0-04-1493. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1494 - Approval of a Special Use Permit for an accessory building located on Lot 1, Block 1, Wood Estate, located at 411 McDonwell School Road East, Case Z-04-037 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1494. 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 proposed zoning change. Discussion ensued regarding the landscaping on the property and the use of the accessory building. Mr. Jerry Nanson, 411 McDonwell School Road, applicant, was present to answer questions of the Council. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1495 - Approval for a Zoning Change from AG to CC1 on property located at 6401 and 6405 Colleyvil/e Boulevard, Case Z-04-038 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1495. 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 proposed zoning change. Discussion ensued regarding parking, future development of the property and cross access easements. 7 CITY COUNCIL MINUTES DECEMBER 7, 2004 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1496 - Approval of Amendment to Chapter 22, Article VI of the Code of Ordinances regarding Mass Gathering Regulations, Case G-04-026 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1496. 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 proposed amendment. Discussion ensued regarding the criteria for mass gatherings, filing fees and security provisions. Council requested that Sec. 22-176 Definitions., Mass Gathering include .....can be expected to attract 500 persons or more at anyone time and ..." 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1497 - Approval of an Amendment to Chapter 3, Section 2.24.D of the Land Development Code regarding Temporary Use Permits for community special events, Case Z-04-036 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1497. 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 proposed amendment. Discussion ensued regarding the guidelines for community events and tent regulations. Community Development Manager Barry LeBaron stated that the tent provision was removed from the Land Development Code and is included in the Fire Code. Council requested that staff define a tent structure. 12. READING AND PUBLIC HEARING - Resolution R-04-2478 - Approval of a waiver of perimeter street improvement requirements on Lot 2, Block 1, Maass Estates Addition, located at 4808 Bill Simmons Road, Case G-04-027 Mayor Hocutt opened the public hearing and read Resolution R-04-2478 in its entirety. 8 CITY COUNCIL MINUTES DECEMBER 7, 2004 There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Ms. Holland O'Neil, 3421 Lookout Court, applicant, spoke regarding the request for a waiver of the perimeter street improvements requirements and was present to answer questions of the Council. Mayor Pro Tem Ayers moved to approve Resolution R-04-2478, with the amendment to reduce the perimeter street fee by 35%, which results in a fee of $20,235.97. Councilman Hart seconded the motion. Community Development Coordinator Clayton Husband provided an overview of the street perimeter fee process. Discussion ensued regarding previous requests for waivers of the perimeter street fees. Councilman Skinner asked City Attorney Ross Foster if the City can legally bind the property owner to provide the right of way. City Attorney Ross Foster stated that "only if they grant the right of way at this time; at this point, we don't know what it is supposed to be". Councilman Skinner asked City Attorney Ross Foster if the City can legally bind them to obligation of an easement at this time without specific size requirements. City Attorney Ross Foster stated, "In order to have an easement, you would have to know the size of the easement or the future size of the right of way and it would have to be granted at this time, not a promise to grant in the future". Ayes: Councilpersons Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilperson Skinner Mayor Hocutt declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-04-2479 - Approval of a Settlement Agreement between the City of Colleyville, CMPA, Brinkley Sargent and Hartford Insurance Company with regard to the Justice Center and establishing conditions Mayor Hocutt opened the public hearing and read Resolution R-04-2479 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 DECEMBER 7, 2004 Mayor Pro Tem Ayers moved to approve Resolution R-04-2479. Councilman Skinner seconded the motion. City Manager Bill Lindley outlined the details of the Compromise and Settlement Agreement. Ayes: Councilpersons Skinner, Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilperson Dolan Mayor Hocutt declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-04-2480 - Amending Resolution R-04-2474, ordering a bond election, to modify the early voting dates Mayor Hocutt opened the public hearing and Councilman Hendler, Mayor Pro Tem Ayers and Mayor Hocutt read Resolution R-04-2480 in its entirety. Mr. Jim Moore, 1415 Glade Road, spoke regarding the wording of Proposition 6 and the entryway to the City. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. City Manager Bill Lindley provided information regarding the early voting dates and official state holidays. Councilman Skinner moved to approve Resolution R-04-2480. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-04-2481 - Approval of soliciting Requests for Proposals for City Attorney services Mayor Hocutt opened the public hearing and read Resolution R-04-2481 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 10 CITY COUNCIL MINUTES DECEMBER 7, 2004 Discussion ensued regarding the reasons for soliciting Requests for Proposals (RFP) for City Attorney services. Mayor Pro Tem Ayers moved to approve Resolution R-04-2481. Councilman Hart seconded the motion. Discussion ensued regarding the criteria for the RFP. City Manager Bill Lindley stated that an RFP for City Attorney services would be placed on the January 4, 2005, City Council agenda. Councilman Hendler requested that the RFP be presented for Council's consideration on the January 18, 2005, City Council agenda. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. REPORTS: 16. COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - August 23, 2004 CITIZEN COMMENTS: 17. CITIZEN COMMENTSIPRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. David Bagwell, 8222 Douglas Avenue, Suite 605, Dallas, Texas, spoke regarding the proposed City Developer Agreement for Whittier Heights and the development and maintenance of the trail. ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 7, 2004 - Reading and Public Hearing - Resolution R-04-2482 Item "d" of the Consent Resolution is being considered on Resolution R-04-2482. Mayor Hocutt opened the public hearing and read Resolution R-04-2482 in its entirety. 11 CITY COUNCIL MINUTES DECEMBER 7, 2004 There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding construction plans, open space and drainage areas. Mayor Pro Tem Ayers moved to approve Resolution R-04-2482. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. ADJOURNMENT: 19. ADJOURNMENT There being no further business before the City Council, Councilman Hart moved to adjourn. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the meeting adjourned at 10:32 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 12 CITY COUNCIL city Of CCe'" AGENDA BRIEFING ie....:"S MEETING DATE: ! 12/21/04 CITY MANAGER : ./J ~ ITEM#: 3b DEPARTMENT HEAD .JCH RESOLUTION # : R-04-2483 FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of an Encroachment and Joint Use Agreement on Lot 18, Block 3, Brighton Oaks Addition, located at 3101 Hickory Hill Lane, Case G- 04-035 - by Consent Reading and Public Hearing Mr. John Jacobs is nearing the completion of constructing a new single family residence on this property located at the dead-end of Hickory Hill Lane. He has submitted a request for an Encroachment and Joint Use Agreement to allow him to enclose a portion of the unused street right-of-way with a fence. There is no pavement section within the area Mr. Jacobs is proposing to enclose, and the street right-of-way is overgrown with trees and brush. Mr. Jacobs is requesting permission to enclose a portion of the dedicated street right-of- way with the construction of the fence around his property to provide security and to allow him to properly maintain the requested portion of the street right-of-way. Mr. Jacobs plans to construct a security gate at the driveway entrance to his house, which will connect to a privacy fence around his property. The regulations prohibit the construction of such structures within a public right-of-way, except with the approval of an Encroachment and Joint Use Agreement by the City Council. This is the same method previously used by several homeowner's associations for construction of entryway monument signs and irrigation systems within a public right-of-way. The street right-of-way for Hickory Hill Lane was dedicated as a part of the original plat of the Brighton Oaks Addition. However, the pavement was never constructed along a portion of the frontage of the lot at 3101 Hickory Hill, which is now owned by Mr. Jacobs. Staff has reviewed the request and determined that it will not be practical or feasible to ever extend the street section of Hickory Hill Lane beyond Mr. Jacobs's property, since the lots located to the east in the Woodland Hills Addition back up to the dead end Agenda Briefing Resolution R-04-2483 Page 2 of 2 section of Hickory Hill Lane. The lots in the Woodland Hills Addition obtain their access from Cumberland Court, not from Hickory Hill Lane. The right-of-way dedication is fifty feet in width. Mr. Jacobs is requesting a 30.76 foot encroachment. Staff received an email correspondence from Mr. Gerald Gallagher, 3024 Sherwood Lane, which is the property located to the north of the applicant's property and situated on the opposite side of the Hickory Hill Lane right-of-way. Mr. Gallagher expressed concern over the amount of encroachment requested by the applicant due to drainage and other issues explained in his email and have requested the City Council to limit the encroachment to no more than twenty-five feet. Mr. Gallagher also furnished a map of the right-of-way which he explains in his email. These two documents are attached to this agenda briefing. Colleyville Engineering Department staff conducted an on-site inspection of the property. It is staff's recommendation to support only a 20 foot encroachment, which will retain adequate width to accommodate maintenance of existing and future utilities and drainage flows. The exhibits included with the encroachment agreement have been modified to reflect no more than a 20 foot encroachment. The purpose of the Encroachment and Joint Use Agreement is to identify the areas of responsibility for each of the involved parties and to document the acceptance of all affected private utility companies. The Encroachment and Joint Use Agreement requires the property owner to maintain the public area in good condition and requires the removal of any improvements at the request of the City upon a 30-day notice. All of the applicable utility companies have approved the request. Approval of an Encroachment and Joint Use Agreement by the City Council is required to allow Mr. Jacobs to fence a portion of the public right-of-way. Recommendation Approval of the request, subject to a maximum encroachment of 20 feet. Attachments · Location Map · Encroachment Site Plan · Email and drawing from Mr. Gerald Gallagher · Encroachment and Joint Use Agreement Location Map 3101 Hickory Hill Lane (I I' \ \ \ \ \ <'J~~..L I~ /! ~, .J\ -; ~'1l~ rJ r ~ , ~ ~)]tft0";>~ I Y h~K' \ -;~ / II/~ ~Tr'I~~ 6 . 5 ~f;[jj 'f- 1 ~ I ~ ~ - / l;J>: -- l- ~ ~. l ..._--.: ~E1-~ tf1 -= ~ .. V'~ \ ~~ /,171 e,/ '" k-f 'J-... -- ~ ,fj,)"^ ~ ~ W J....-- ~ ~ ': 1v -~rtln ~r'" -- -/ "'/1 ,." :\, ; II ~ ..-;; rTI ~,...- "{ .-'-- ....., ~ 1 ~ I ~ ~ -- - - - , i..b ~ ~ r I I I I r =::.:. ,_ "f/ 11.'::;1'-,. \ 1,).::", ~ - ~ _ 1~~ -'l1 -J.~ { - -- . ~~ ~'"' ~ .., ( ~~ ~- a~ ---- t~ l~ 'i -/, If flH" rIm '-- ,!= -- =- -- - - - Ll....1.J.. - - I- .....; .6D1'ONJ ClfT UJIIf'a ( R ml~ ~ """"-- ! ..- ~ .... - - I- - ~ - :3 - ~ - I - - - 'I'J. 1 \.\.lablldtJ I I ~ :;.: I- - - - - '-- ~,~_....... ~.L L.L. I M __L I....... -, N OS-42'41. E - HICKORY-HILL 20' ~~'l~;.t~.E _ S OCT42'OCf E .-/ 20't fjr' SRF hment Site Plan Encroac H"II Lane . 3101 Hickory I (A SO. RIGHT-Or-WAY) 1/r' SRr 70.g0' --- --- -- --- JO' BuILDINC UNC ---- - d --- I I I I I I I I I I I ~ 5' UTILITY I EASEMENT I I I I J LOT 1 7R LOT lB, BLOCK JDITlON ON OAKS AD BRIGHT J88-49. PAGE BO VOLUME PJU.C.T. so o , . Scole ,. - ~O' 1/2. SRF LOT 29R LOT 28R ('\,I II) ~ ~t)~ ta~lli 110..: ~ I~ :S~~~ ~~~ ora,;~ Ii: g Page 1 of 1 Barry LeBaron From: Gerald Gallagher [grg@iname.com] Sent: Monday, December 13,20049:52 AM To: Barry LeBaron Subject: Request to fence part of Hickory Hill right of way Dear Mr. LeBaron; John Jacob, the developer constructing the new home at 3101 Hickory Hill, has made a request to be allowed to fence off a part of the right of way where Hickory Hill dead ends. I am told that this matter will be heard at the city council meeting on December 21,2004. I own the home at 3024 Sherwood Lane that abuts this right of way on the north side of the street. Originally, Hickory Hill was platted to be a through street going into Woodland Hills but this was changed to a dead end when Woodland Hills was platted and the residents in the area did not want the traffic that would come with a through street. As a result, the last 90 feet of Hickory Hill has never been paved. It has remained wooded and contains a footpath/drainage ditch and approximately 20 oak trees and various shrubs. My wife any I enjoyed the wooded nature of the right of way and the heavy equipment used in the construction of the home at 3101 Hickory Hill has already removed much of the shrubbery and done some damage to the oak trees in the area of the request. The request to fence a potion of this right of way as proposed is approximately 31 feet wide and the line for the boundary for the permit runs through the center of the footpath/drainage ditch for about 20 feet. I have attached a sketch of the area showing the detail of the area involved. My concerns are: 1) The drainage ditch is critical to allowing proper flow of runoff in heavy rains and must not be obstructed. 2) Many people from both Brighton Oaks and Woodland Hills use the footpath and it should not be obstructed. 3) The 14 oak trees in the area in the permit request should be protected leaving the area as wooded as possible. I discussed these concerns with John Jacob on Thursday, December 9,2004. I showed him that the boundary lines in his request would obstruct the footpath/drainage ditch and he told me that this was not his intent. We agreed that if the width of the area in the request were limited to no more than 25 feet, there would be no obstruction and no trees would need to be removed. He stated that he did not plan to remove any more of the oak trees. He indicated that the survey did not represent his intent and that he would amend his survey and the request to the city. In effect, the city owned land in the part of the right of way covered by the request would become enclosed into the yard at 3101 Hickory Hill for the sole use of the homeowner there rather than for the use of all citizens of Colleyville, which is now the case. The current request does not protect the footpath/drainage ditch or the oak trees and would not prevent the trees from being removed at the time the fence is being built or later by the new homeowner. It is my hope that John Jacob will in fact amend his permit request. If not, I would oppose the request as it was originally presented. I ask the request be limited to no more than 25 feet in width and that a restriction on the use of the property be added to prevent the removal of any of the 14 oak trees now or by the future homeowners. Thank you, Gerald Gallagher 3024 Sherwood Lane 817 -545-5977 12/13/2004 " o~~""'tt~ " .0 '\ w ... ~ W) ... -z.. \Il - OG '). 0 0 I N_ 10 I " ~ (!,oN c. rc.e--rE" ~R.A'fJ AC1 E'" FLUME BffG 1+70-3 oA-~~ 30'2.4- ~~Ert..vJDO~ ~ I\IIJ t: w 00 t> c....6c1lJ.f,) 4+' L L.~ L 0'" '2. ~ R .J~~ '. 13~/& #1'0,) DA,,~ o I) . 3101 ~ ,Co '<'0 R'I HlL.L.. c.1~oWNE:D R.1G=-Wt' oFSW"'", rso' BOVtJb kit-Lf o~ // 'fo~t> //\ 'P~vGM~t-1T APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT OF A PUBLIC DRAINAGE AND 1 OR UTILITY EASEMENT OR RIGHT-OF-WAY I; ,/) '/ / (1 '1- / Date pf Submittal To the City of Colleyville: The undersigned hereby makes application to allow an encroachment and joint use of a portion of the public drainage and / or utility easement or right-of-way situated on or abutting property located at -$ \ 0 \ H \ C \<- c ~-'( \--\ ( L.-- l.- I and described by metes and bounds in Exhibit No. 1 of the attached agreement. The reason for the encroachment and use of the easemenUright-of-way is as follows: FOK I='E(l/C 11\)& , ~CHI\; ::rn-Cci? Printed Name of Property Owner ~..~ 6t-'i- [Qf Telephone . <(\-) bf~ Fax Number bbt 5 le1- , 7 ( ~> s- ~. 0 Address IS. i) 1- 5 bw-- ~LALE(~ City - ( 'l State --7bo39 Zip CV-430 (December 2003) Easement 1 Riaht-of-Wav Joint Use Aareement THE STATE OF TEXAS ~ COUNTY OF TARRANT ~ Be it known, that the City of Colleyville, herein after referred to as "City," :and its franchised Utility Companies, herein referred to as "Utilities," do consent and agree to permit the following -""-.0 rJ C i lJ , herein after referred to ~s "Applicant," to use an easement / right-of-way, situated on or abutting LOT i ,BLOCK "3 ,OF i3 fl. I 6- H TO IV 0 A /<r IN THE CITY OF COLLEYVILLE, TEXAS, as described on the attached Exhibit No.1, elel'iotcel grel5"'iGelly on ti,e ettec"'cel EXHIBIT Ne. 2 and consented to by the public utility companies 8S listed eR tRS 8tte6Rsd [XIIII3IT No. ~ to be used for the purposes of r= [; rJ ( I (V C;' and being subject to the following conditions: I. That the Applicant, his successors or assigns shall maintain in good condition all of the easement area and the improvements situated thereon; and, that City and Utilities shall not become responsible for such maintenance at any time in the future. II. That the Applicant shall and does hereby agree to indemnify and hold harmless the City and the Utilities from any and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned by its use of the easement / right of way or act of omission, neglect or wrong doing of Applicant, his officers, agents, employees, invitees or other persons, with regard to the improvements and maintenance of such improvements; and the Applicant shall, at his own cost and expense, defend and protect City and Utilities against any and all such claims and demands. III. That the Applicant shall arrange for all activities and improvements in the easements to be discontinued and / or removed within thirty (30) days of written notification, at the discretion of City, for: (1) Lack of maintenance to the easement / right-of-way; (2) Failure to provide access to the City or its designees; or (3) Compliance with a City Council directive that use of the easement by the Applicant be discontinued and the cost associated with the discontinuing of such activities, and the removal of such improvements, as well as property adjacent to the easement / right-of-way necessitated by such discontinuation of the easement / right-of-way use, shall be borne by the Applicant. IV. That the Applicant, his successors or assigns shall not seek compensation from City or Utilities for loss of the value of the improvements made hereunder when such improvements are required to be removed by Applicant. CV-430 (December 2003) v. This agreement shall be filed of record in the Deed Records of Tarrant County, Texas, and shall bind all future owners of this lot and shall for all purposes be considered a covenant running with the land. IN TESTIMONY WHEREOF, Applicant executes this Easement / Right-of-Way Use Agreement on this rj_'~(r.V\hr'- day of J-~ ,20 )...v~o,... City of Colleyville -'J- 0 H {v JA C Vi? By: Director of Public Services NOTE: Complete the attached acknowledgements. CV-430 (December 2003) Note: Only complete the appropriate acknowledgements THE STATE OF TEXAS COUNTY OF TARRANT 9 9 CorDorate Acknowledament ersigned authority, A Notary Public in and for the State of Texas, on this day personally , known to me to be the person and officer whose name is foregoing instrument and acknowledged to me that same was the act of said , a corporation, and that he executed same for the purposes and consideration therein expressed and in the capacity therein stated. BEFOR E ME, the appeared subscribed 0 the GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of ,20 Notary Public in and for the State of Texas My Commission Expires: THE STATE OF TEXAS COUNTY OF TARRANT 9 9 Individual Acknowledament BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared \ok Jl.U'~\v , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ft day 0 STEVE GIDEON Notary Public STATE OF TEXAS My Comm. Exp. 10-07-2006 .........._....._...__............_..................".H......._........_..........__ i THE STATE OF TEXAS I COUNTY OF TARRANT 9 9 ....................-.............-.....................................................--.....,.....................--.............................,........-....................................... i City of Collevville Acknowledament ! . . i BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally I I appeared , known to me to be the person and officer whose name is i I subscribed to the foregoing instrument and acknowledged to me that same was the act of said I , , a municipal corporation, and that he executed same for the purposes and ! consideration therein expressed and in the capacity therein stated. i GIVEN UNDER MY HAND AND SEAL OFFFICE this the _ day of ,20_. Notary Public in and for the State of Texas ; I My Commission Expires: ; i , ........................i CV-430 (December 2003) EXHIBIT NO.1 Being that portion of that certain public utility easement I drainage easement / right of way situated in is. p. \ (, H"I 0 tJ () II ~ f Addition/Survey to the City of Colleyville, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: j) L t {\ C; (: S IS ~ It T '{ It C (-1 f-..~ CV-430 (December 2003) EXHIBIT NO.1 Being that portion of that certain public utility easement I drainage easement I right of way situated in IS.P- \ fr- H -r 0 N (J II ~ f Addition/Survey to the City of Colleyvnle, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: HICKORY_ N 0S-41~~1. E (A so' RlGHT_o,._WAy)HILL _ S 84- 17 '1S-E ---S1. S7.~ 1/~ SR' I I I I I I I I I I I r-* S' unurv I E'ASEAlENT I I I I J 10.8(}' -- - 3(}' BUlDlNC UNC -- N 84-'7'7 84. OS' - ~ - o . so LOT 18, BLOCK J BRIGHTON OAKS ADDITION VOLUME J88-49, PAGE 80 P.R.T.C.T. LOT 1 7R Sea'. ,. - SO' --------- --------- I/~ SR,. - LOT 29R - S OCT42'oCf E .-/ 20't '/~ SRF POINT OF BEGINNING LOT 28R N It) ~~~ ~= ~;ti I..: ~ '^ ~~ Q~1JJ i ~ ~ CV-430 (December 2003) CITY COUNCIL cc~n", AGENDA BRIEFING T('x<\$ MEETING DATE: 12/21/04 CITY MANAGER ITEM # : 3c DEPARTMENT HEAD RESOLUTION #: I R-04-2483 FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval of Contracts for Printing Services to JMAC Enterprise and Datamax Reading and Public Hearing On the basis that the Printing Services contract authorized in FY2003 was set to expire in December 2004, the City released RFB 05-001 Printing Services on November 7, 2004. The bid includes all of the City's NCR forms, newsletters, stationery, envelopes and other specialty items. The bid was advertised in the Fort Worth Star- Telegram on October 31 and November 7, 2004. Six competitive firms, as well as Grapevine-Colleyville Independent School District, picked up a bid package. The City received bid responses from Datamax, JMAC Enterprise and Jobe's Printing. The sealed bids were opened at City Hall on November 19, 2004. Basis of Award The Printing Services Bid was structured so that the City could award the contract to one vendor or multiple vendors. The contract could be awarded on the basis of lowest overall price for all items (lump sum), lowest overall price by section (e.g. NCR forms, stationery, etc.), or lowest price by item or form. By awarding by section, the vendor bidding the lowest overall price on all items in a section would be awarded that section of the contract. By awarding on a section basis, JMAC Enterprise would receive eight section awards and Datamax would receive two section awards. The table below shows the sections awarded by vendor. Section Vendor 1 a - NCR Forms JMAC 1 b - Stapled/Booked NCR Forms JMAC 2 - Glue Bound Forms Datamax 3 - Sinqle Sheet Forms JMAC 4 - Door Hangers Datamax 5 - Stickers/Adhesive Labels JMAC 6 - Stationery JMAC 7 - Brochures/Newsletters JMAC 8 - Continuous Computer Forms JMAC 9 - Certificates/Specialtv Items JMAC Agenda Briefing Resolution R-04-2483 Page 2 of 2 Awarding the contract by section was selected for several reasons. First, awarding the entire contract to one vendor based on lowest overall price would exclude any vendor that did not bid on all items in the bid. Based on the bid responses received, all of the vendors would have been excluded and the City would need to rebid the contract. Second, awarding the contract by line item or form would result in a large number of awards that the City would need to manage. In awarding by line item, the City has to award each item to a primary and secondary vendor. The Printing Services contract approved in FY2003 included 102 line items, for a total of 204 awards. Due to the large number of awards, it became more challenging to implement and track printing services awards. Financial Impact Funds are available in the FY2006 Budget in departmental line items 6308, "Printing Services" and 6256, "Newsletter". Prices are firm for two years with the option to extend for two additional one-year periods. Price adjustments during the contract period must be by mutual agreement between a vendor and the City, based on documentation from vendors of efforts to contain costs and of market increases for labor and supplies Recommendation Approval Attachments · RFB 05-001 Bid Tabulation (/) w (0 C'l (J) l[l "<t (J) (0 (0 u:; "<t (0 N ~ (J) l[l co "<t N C'l 0 CO l[l N CO l[l m ~ "'": N ~ (0 "<t ~ ~ ~ N N N N N ~ N N N N N 0 ci ci ci 0 ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci -, z(/) Q:= 1-11:: SO ::ll1. mil:: ~~ o iii~ .....w 00. 9>- 101- i:= ~~ 1I::l1. "tl (U ni Ql 1ti ::s OJ .5 ~ :Jl u;<l:::l W >< <l: := <l: I- <l: o OJ c: :1:1 a: "- N ci Q) Q) 1ii ~ ~ .!!!. ~ ~ ~ o 0. 0 o ::l 0 l[l l[l l() N ci N ci co o o Q) Q) .!!!. .!!!. o 0 00000 l[l l() ~ ~ 0. 0 ::l 0 l[l c: .2 15. '':: o II) QJ o QJ N in ... QJ E..c QJ E ~ :J Z "" .f: 1:1 e "" Ii; 1:1 .f: :v ..c E ::l c: Iii co ~ "" .f: 1:1 e ~ ..Q Qi >- .i :E ~ t '" 0. N to x ~ ..I- o o l[l ..... ..... 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Previous Action: 12/07/04 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of Special Use Permit for an accessory building on Lot 1, Block 1, Wood Estate, located at 411 McDonwell School Road East, Case Z-04-037 Second Reading and Public Hearing First Reading and Public Hearing Backqround Jerry Nanson is the owner of a 2.93-acre lot located at 411 McDonwell School Road East, adjacent to the Cutter Ridge Estates subdivision on Pleasant Run Road. Mr. Nanson proposes to construct an accessory building on the property. Upon review of the plans for the building, it was determined that the accessory building contained living quarters and cooking facilities, which requires approval of a Special Use Permit. The owner has applied for a Special Use Permit in order to allow the accessory building as proposed on the property. There is an existing single family residence on the property. The proposed building is a two- story structure, containing 1,008 square feet of living area on the second floor for Mr. Nanson's father. The first floor of the building would be used as a 3-car garage. The second floor of the building includes two bedrooms, one bathroom, and complete kitchen facilities. Access to the second floor is from an enclosed stairwell on the side of the building. The proposed building meets the size, location and setback requirements for accessory buildings, as contained in the Land Development Code. The Special Use Permit is required due to the use of the building as living quarters. The Land Development Code only allows one single family residence per lot, and the construction of the second living unit requir~s special approval. Floor plans and drawings of the building and property are attached. Mr. Nanson's property is zoned R40 Single Family Residential. The Land Development Code allows servants and caretakers quarlers in the AG and RE zoning districts as a matter of right. However, approval of a Special Use Permit is required for this same use in the R40, R30 and R20 zoning districts. Servants quarters are defined by the Code as "an accessory dwelling not rented or otherwise used as a separate domicile in a residential district for the sole use and occupancy of a member of the immediate family or persons employed on the premises by the occupant on a full-time basis as domestic help, such as a maid, chauffeur, cook or gardener." Though there are no specific regulations listed for this use in the R40, R30 and R20 zoning districts, the AG and RE districts restrict the size of the servants quarters to 600 square feet. The general area surrounding Mr. Nanson's property is zoned R40, RE and AG. Most of the lots in the area are 2-acres in size or larger and are developed as single family residences. Location M ap - 11111 ... MI "1IIIll 1I.U AI ........... rJE ~ ~\l~ ~O~.1lll ' ~"'l~<( \J)1'll""", ~t.~.r.C~ nm _Illl ;#~u lAW 11.71. t;'{o.'f.'i~f,. 0000 ,....00\\ 1 ~ .. , ~. ~ - '" g~ b- 0;:1; :>.. Site Plan 411 EAST McDONW~LL SCHOOL RDAD r' ,'<I 89"47'51- ;.l1 f.4.' __._~. !1.'5A...___ ------------------- ------- i!O' ORAI.VACE: .. :..:IUTY F:S!J'1 p'.r piltl on ::.:....' -'" / . ::~:.:: \.:?..~.:~:.~:\)/.~~/:~.:,<.::y~X~x~~:;/;.:;,:- . i X. I : ~ " ij ~ " ~ '" ~ ~ ~ I. ,.. ,x. '5 'i:l 's 5 I ~ ~ .1 .~ LOT 1 BLOCK " '~ j~ .. .~ ,~ Ii )2 __~ __ ~--~------r-- _..l_ )P,;tl,~.~; ~TY:&..::"lI!..!~PI4tJt.. :170.71 S 89".50'401" " t illt" $R}" Elevation Drawings of Building ~,,~- 1EEI31 I I ~r::JD ODD OOD ODD I 1 I , ~============::================================================, FRONT ELEVATION SCALE: I/i' - 1'-0' REAR ELEVATION SCALE, 1/8" - "-0" : : . !:::::.:':::::.::::::::::::::::::::::::::::.:::::::::::::::::::::::::. ,~..-- , , , , ,.-....---.-----.-------------- ------------, .-.-------------------------.,..---------- LEFT. ELE~lQN.. SCALE. 1/8" = 1"-0' . , , , . , ...-------------------------'""-----.,--.,-----, ----------.------------------------------ RIGHT ELEVATION SCALE. 1/8' = .1'-0' Floorplan of Second Floor of Building BEDROOM I- W 00 o -' u BREAKFAST f'NTRY KITCHEN .......-.....-Q .~. . , : 0 O! I ...... I , . ---.-... ^ ........ ..---~-"- --- ~ -- ._.........._~........... ~ lJY.Jl:l.C,.m " '. , , " " " " '. " " " I, I. " " " " " " " " I, :~::::::-,::~! '~ '{IV .6.f;.DROOM 2 I- W 00 o .... o Rendering of Building --=~7:'~~,~~ ~ - Z~04-037 Kehr, Mary & Frank 10745 Saint Michaels Dr Dallas TX 75230 Campbell, Tom C Etux Carol A 501 McDonwell School Rd E Colleyville TX 76034 Gentry, Carol Ann 7000 Pleasant Run Colleyville TX 76034 ","~ Mitchell, John H etux Lisa G 504 McDonwell School Rd Colleyville TX 76034 Clark, Douglas C 6605 Westcoat Dr Colleyville TX 76034 Cook, Stanley D Etux Barbara J 6500 Cutter Ridge Ct Colleyville TX 76034 Kissell, Jeffrey Etux Starr 410 McDonwell School Rd Colleyville TX 76034 N anson Jerry D Etux Marianna, applicant 411 McDonwell School Rd Colleyville TX 76034 Pa1meiro, Rafael 5216 Reims Ct Colleyville TX 76034 11/ldtl/;:J4 l""~~.- ., "I ,~ I! I. I, . 11;,)1 t<:t:.l:l!:::> j'IHNLJrHl.. I UI-.: I Nl:l ~ 1tH (::ll'J.)lld::l::::1 NU.t:l':::l':::l ...t:lc:: Fax To: BI7-S03-IOS9 J.e. Husband. Dev. Coordinator Ann: Amy City Plan COlllmission City of Coneyville, Tex.. II I I I " h Subject: 2-04-037 411 McDonnell Sehool Rd. East We object to a change of zoning from single family occupancy to m.uld family occupaney at the abollc addre&s for the following reasons: 1. Location is directly in front of our existing property on MeDonaell School Rd. East. 1. Pllins for the three ~r garage apartment show outside (onstruction to be siding- not brick. 3. A change of zonillg ill this area will reduce the value of our propert)' dramatically and the desirability for being a lingle family home li'e. Respedfully , ~ Frank L. & Mary N. Kehr ORDINANCE 0-04-1494 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING ON LOT 1, BLOCK 1, WOOD ESTATE; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by Jerry Nanson on October 15, 2004, under Case No. Z-04-037; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 1, Block 1, Wood Estate, by authorizing a Special Use Permit for an Accessory Building, subject to the following conditions: a. The location of the accessory building shall be consistent with the drawing attached as Exhibit "B". b. The exterior elevations of the accessory building shall be consistent with the drawing attached as Exhibit "C". c. The living area in the building shall be restricted to the second floor of the building, and shall not exceed one thousand thirty two (1,032) square feet in area. d. An accessory building shall not be used for commercial purposes, other than those uses permitted by the Land Development Code. Sec. 2. 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. Ordinance 0-04-1494 Page 2 of 2 Sec. 3. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. 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 T. Foster City Attorney EXHIBIT A - ZONING MAP -----JlG M ,_"w....~ - -----~-- "", !ISM - 1 . .Jj~~Y A G ,.4ddtt f---. -,----;. , , \ \ \ ......-.......-..-......1 R-46--J · place S C'--- EXHIBIT B - BUILDING LOCATION 4Jl EAST McDONWeLL SCHOOL RQAD ~( .V 89" 47",- J71.4I' ------------------ - ------- "Jr)' tlRAtYACE .. C:IU11' f.1,'UT P*'T pJ.'H ____--iSt...i1J..Q.r; !1~___._.._ i t G .. ~ g~ 2~ " '" ~ . " . ~ ~ I ~ ~ ;S; I , I I I J I': - - - L . - - ,,~,~;";- ;;" -:''TI~JfY ,;v;- .:, ;,.: --- --======-=====-_ -~ - - -~:;:,-;;;- - - _L _ L E 89"50"401" .~- :i 'l 't;; ,~ :~ s LOT 1 BLOCK .., " " ':; ~ 'I ~ -------- -~ J/".Htr EXHIBIT C - EXTERIOR ELEVATIONS I ml I I 1 I I 1 c::::::::::::::::::::::::::::::::::::::::::_::::::::::::::::::1 FRONT ELEY A TION SCALE: 1/". - 1'-0' !:~::::!:~:: :::: :::::::::::: :::::: :::::: ::::::::::::::: :::::::::~l REAR ELEVATION SCALE: 1/8' = 1'-0" , . . , ,.--- _._--- ~.~- --.--- -. .-- -- --- - . ---- - --- ---, ----------------------------------------- LEFT ELE~ SCALI:. 1/8. = 1'-0' , , , ~: ::::::::::::::: ::: ::: ::: :::::::!:::: ::::1 RIG~T ELEVATION SCALE: 1/8. = .1'-0. CITY COUNCIL city Of CC~8n'" AGENDA BRIEFING It'X;;lS MEETING DATE: 12/21/04 CITY MANAGER ~ ~ - ITEM#: 5 DEPARTMENT HEAD Je,~ ORDINANCE # : 0-04-1495 FINANCE REVIEW N.A. DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval for a Zoning Change from AG to CC1 on property located at 6401 and 6405 Colleyville Boulevard, Case Z-04-038 Previous Action: 12/07/04 Second Reading and Public Hearing First Reading and Public Hearing Backqround Martina DeLa Fuente is the potential owner of a 1.53-acre parcel of land located on the east side of Colleyville Boulevard, between Sanders Lane and Industrial Boulevard. The applicant has submitted a request to change the zoning on the property from AG Agricultural to CC1 Village Retail. The applicant is seeking a zoning change in order to develop the property as a pet shop. The CC1 district is designed for land uses such as general commercial retail goods and services as well as some office, entertainment and community facility uses. While the district is designed to encourage "clustering" stores, the site requirements allow for a smaller scale than a shopping center type development. It is likely that areas zoned CC1 will be developed without an anchor store and may be located near but not at major street intersections. The site under consideration generally fits these criteria. There are single family residences currently located on the property. The surrounding property is commercial in nature. Property to the south is zoned CC1 and is developed as retail stores. Property to the north, at the corner of Industrial Boulevard, is zoned ML Light Manufacturing and is developed as an outdoor furniture and accessory store. The property to the east is also zoned ML and is used as a self-storage facility. The property to the west, across Colleyville Boulevard, is zoned AG Agricultural and is undeveloped. The Master Plan indicates that all the property on Colleyville Boulevard is anticipated to be developed for commercial uses in the future. I mpact Issues 1. Master Plan. This property is in Neighborhood 4, as identified in The Colleyville Plan. The property is designated for future use as retail, commercial and office type land uses. This request is consistent with the goals and objectives of The Colleyville Plan. ~--,-----_..,..."._..._~--,..,._~,._".,~._...~--'_.._-'--~-..---- Agenda Briefing Ordinance 0-04-1495 Page 2 of 2 2. Surrounding Properties. The surrounding properties are developed as commercial businesses. 3. Development Trends. The long-term trend for this portion of the Colleyville Boulevard corridor is for commercial, retail and office 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 lot if necessary. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the taxable value of the parcel is $403,668. The estimated City property tax revenue for the property is $1,402 annually. The future property tax revenue would depend upon the value of the building improvements to the property. 6. Sales Taxes. According to information from the owner, the current pet store generates about $750-800 per year in City general fund sales tax revenue. Staff anticipates the new location could generate around $1,000 per year initially. The proposed zoning would allow many retail users, including the proposed pet shop, which directly generate sales tax revenue. 7. Public Notification. Staff mailed notices to 9 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. The Planning and Zoning Commission conducted a public hearing and considered this request at the November 8, 2004 meeting. The Commission recommended approval by a unanimous vote. Recommendation Approval Attachments . Location & Zoning Map . List of Property Owners Notified . Ordinance 0-04-1495 -----~._,-,-,..,.,"._--_._--_._-_.~'--,... Location & Zoning Map Z~j)4-038 Vester, Jesse E Etux Linda Sue 1801 Industrial Blvd. Colleyville TX 76034 Cholla Grande Inc. 6301 Colleyville Blvd Colleyville TX 76034 Martena DeLa Fuente, applicant 5400 Coventry Place Colleyville TX 76034 Grier, Michael R Dds PO Box 663 Grandview TX 76050 Lam, Conner 1017 William D Tate Ave #101 Grapevine TX 76051 Yard Art Inc. 1709 Industrial Blvd. Colleyville TX 76034 Reynolds, J D 6405 Colleyville Blvd. Colleyville TX 76034 Cannedy, George Etux Joy M 2428 Brasher Ln Bedford TX 76021 KAC Colleyville Jv. 4008 Cochran Heights Ct. Dallas TX 75220 ORDINANCE 0-04-1495 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 1.53 ACRES OUT OF THE A.J. LOTT SURVEY, ABSTRACT 963, FROM THE AG AGRICULTURAL DISTRICT TO THE CC1 VILLAGE RETAIL 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 Martina de la Fuente on October 15, 2004, under Case No. Z-04-038; 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 bound as shown on attached Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the CC1 Village Retail Commercial 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 0-04-1495 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 T. Foster City Attorney EXHIBIT A - ZONING MAP EXHIBIT B - METES AND BOUNDS DESCRIPTION Being a tract of land situated in the AJ. Lott Survey, Abstract 963, City of Colleyville, Tarrant County, Texas, and being that certain tract of land described in deed to R.R. Reynolds and wife, Marie Reynolds, as recorded in Volume 6435, Page 122, Deed Records, Tarrant County, Texas, and that certain tract of land described in deed to James Douglas Reynolds and Margaret Reynolds as recorded in Volume 4960, Page 467, of said Deed Records, and together being more particularly described by metes and bounds as follows: BEGINNING at a found Y:z inch iron rod on the southeast line of Colleyville Boulevard, said iron rod being the southeast corner of said Reynolds tract (Volume 6435, Page 122) and the northwest corner of Lot 1, Block 1, Tinker Crossing Addition, an addition to the City of Colleyville, Tarrant County, Texas, according to the plat thereof recorded in Cabinet B Slide 1564, Plat Records, Tarrant County, Texas; THENCE North 28 degrees 42 minutes 19 seconds East a distance of 130.43 feet to a found 3/8- inch iron rod at the northwest corner of said Reynolds tract (Volume 6435, Page 122) and the most westerly southwest corner of aforesaid Reynolds tract (Volume 4960, Page 467) of said Deed Records; THENCE North 29 degrees 08 minutes 00 seconds East, a distance of 80.18 feet (deed calls 80.00 feet) to a found 3/8-inch iron rod at the northwest corner of said Reynolds tract (Volume 4960, Page 467) and being the southwest corner of Lot 16-R-2, Block 1, Colleyville Industrial Park, an addition to the City of Colleyville, Tarrant County, Texas, according to the plat thereof recorded in Cabinet B, Slide 587, of said Plat Records; THENCE North 89 degrees 40 minutes 00 seconds East, a distance of 327.70 feet to a point at the northeast corner of said Reynolds tract (Volume 4960, Page 467) and being on the south line of Colleyville Industrial Park, an addition to the City of Colleyville, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-142, Page 33, of said Plat Records, and being the northwest corner of Lot R-14-1, Block 1, of Colleyville Industrial Park, an addition to the City of Colleyville, Tarrant County, Texas, according to the plat thereof recorded in Cabinet B, Slide 606, of said Plat Records, from which a fence corner bears North 87 degrees 49 minutes 42 seconds West, a distance of 1.41 feet; THENCE South 00 degrees 42 minutes 00 seconds East, a distance of 172.00 feet to a found Y:z inch iron rod at the southeast corner of said Reynolds tract (Volume 4960, Page 467), and at the southwest corner of said Lot R-14-1, and being on the north line of a tract of land described in deed to Additional Self Storage, LP, a Texas Limited Partnership, as recorded in Document No. 0204222292, of said Deed Records; THENCE South 88 degrees 45 minutes 00 seconds West, a distance of 157.40 feet to a found Y:z inch iron rod at the most southerly southwest corner of said Reynolds tract (Volume 4960, Page 467) and the southeast corner of aforesaid Reynolds tract (Volume 6435, Page 122) and being the northwest corner of said Self Storage tract and being the northeast corner of aforesaid Lot 1, Block 1, Tinker Crossing Addition; THENCE South 89 degrees 43 minutes, 08 seconds West, a distance of 274.38 feet to the POINT OF BEGINNING and containing 66,892 square feet or 1.535 acres of land, more or less. CITY COUNCIL City Of CC~n", AGENDA BRIEFING IC'X::\$ MEETING DATE: 12/21/04 ITEM #: I 6 ORDINANCE #: I 0-04-1496 CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW I Previous Action: 12/07/04 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of Amendment to Chapter 22, Article VI of the Code of Ordinances regarding Mass Gathering Regulations, Case G-04-026 Second Reading and Public Hearing Update At the December 7, 2004 meeting, the City Council recommended the insertion of language to clarify the number of persons attending a mass gathering event that would require permit approval of such event by the City Council. The definition of a mass gathering event contained on page two of the strikethrough version of the proposed ordinance, the following language has been inserted: or more at anyone time and..... The copy of proposed ordinance 0-04- 1496 attached to this agenda briefing has also been modified to incorporate the above referenced language. First Reading and Public Hearing The original regulations adopted by the City Council to control mass gatherings were enacted by Ordinance 0-73-126 on April 17, 1973 and are contained in the Code of Ordinances of the City of Colleyville. These regulations are not part of any regulations contained in the Land Development Code, and as such, no amendment requires any recommendation from the Planning and Zoning Commission. The mass gathering regulations were adopted at a time when Colleyville's population and city staffing were much smaller than that of today. With much of the northern part of Colleyville being vacant at that time, there were many areas in the city where large outdoor music festivals could be held, and there was very little city staffing available at the time to address public safety concerns. Rowdy outdoor music festivals were a major concern of many communities during the late 1960's and early 1970's and most cities discouraged these types of events. However, with the recent 2003 Finn's Festival and the 2004 Town Center Fourth of July event, staff is recommending the City Council consider making several significant changes to the text of the regulations to address the types of special outdoor events more likely to occur in Colleyville. Over the past several months, staff met on a number of occasions to review the current regulations, and based on their input, major changes are being proposed to the language contained in the current regulations. The current regulations are very specific and inflexible. The changes being proposed, however, do not reduce the requirements of an event sponsor to Agenda Briefing Ordinance 0-04-1496 Page 2 of 2 address public safety concerns, but will allow staff to determine the specific public safety needs according to the nature of the event. Approval of the mass gathering event will still require City Council approval in the future, just as it does at the present time. This requirement remains the same. The current mass gathering regulations are only applicable to those events where it is anticipated to have 500 people attending an event over an eight hour period. There are no current regulations to allow small outdoor events, where exceeding the 500 person threshold is not anticipated. A separate ordinance has been placed on the City Council agenda to allow the building official to authorize outdoor events of less than 500 persons. Attached is a copy of the current mass gathering regulations showing the proposed revisions with strike-though or bold-underlined text. Since the regulations for mass gathering events where more than 500 persons are expected to attend are not part of the Land Development Code, no recommendation from the Planning and Zoning Commission was required. Recommendation Approval Attachments · Proposed Amendments to the Mass Gathering Regulations · Ordinance 0-04-1496 Proposed Amendments to the Mass Gatherin~ Re~ulations Double strikethrou~h text is deleted and bold underlined text is proposed ORDINANCE 0-04-1496 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 22, ARTICLE VI- MASS GATHERINGS; OUTDOOR MUSIC FESTIVALS, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville desires to amend certain regulations pertaining to Mass Gatherings and Outdoor Music Festivals; 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: Section 1. THAT Chapter 22, Article VI-Mass Gatherings; Outdoor Music Festivals, of the Code of Ordinances of the City of Colleyville, is hereby amended to read as follows: ARTICLE VI. MASS GATHERINGS EVENTS; OUTDOOR MUSIC FESTI\' AlS* DIVISION 1. GENERALLY Sec. 22 -176. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Issuing officer means the €lity maysr buildin~ official. Ordinance 0-04-1496 Page 2 of 11 Mass gathering events means any meeting or gathering held inside the city limits or within the extraterritorial jurisdiction of the city which attracts or can be expected to attract mSFS U~aA 500 persons or more at anyone time and who will remain at the location of the gathering for a period of more than eight continuous hours. Ol:JtOee." musie fest!~(f1.' f1n€l e'/ent mBaAS aAY ferm sf mblsi€lal sAteFtaiAmeAt ~re'/iasa BY li':e ~erfeFmaA€lBS S€l€lblffiA~ '.\'hers: (1) Msre tAaA ~gg ~BrsSAS are iA attcmaaA€lS at aAY SAe ~BrfermaA€l8 (2) /".AY sf tne ~orfOfmeFs sr aAY sf tn9 ablaic3A€le arB ASt \.'/itniA a ~eFmaA8At strbl€ltblrs; lima (3) Tne ~BFfsfman€le S€l€lblFS iAsiae tne €lily limits sr witniA tne s)Etraterritsrial jblris€!i€ltisA sf the €lity. P::emete... Event sponsor means any person, group of persons, firm, corporation, partnership, or association that organizes, promotes or solicits funds for the organization or promotion of a mass gathering event er aA sbltassr mblsi€l festival. Sec. 22-177. Conduct of event or mwsie festival; minimum standards. The following minimum standards shall apply in the conduct of mass gatherings events aAa sbltassr mblsi€l festivals permitted under this article: (1) Water supply. a. Tne €lblalily sf water ts BO sbl~~liea snail meet tne a~~re\'al sf tne €lSWAty ABaltn €lffi€ler, ana €lA nis rB€lblest aA El'lalblati€lA €If tAe sbI~~ly may Be maas BY tnB state ae~artmemt €If nealtR. The event sponsor shall provide access to a supplv of potable water on the site where the event is takinQ place. B. 'A'ater sAall Be ~reviaea at tRB rate €If at least €lAS ~iAt ~sr R€lblr fer ea€lR ~erssA ~rsseAt at tns site. G. 'Nater shull BEl aoli'Jersa t@ tAe ais~eAsiA~ ~€liAts iA SbI€lR a maAAsr as t€l ~rs€llblaEl ths ~€lssiBility €If €l€lAtamiAati€lA. /".11 ':Iater €l~mvsyer fa€lilitiss sRall Be €llElaAea aAa aisiAfeetsa Wior t€l BoiA~ blssa aAa aAY €l€lAtaiAsFs blssa f€lr \.'/ater aelivery sRall BS €l€lVeFea t€l ~rBvEmt tRB emtraA€le €If ablst, iAss€lts, €lr stRm €l@AtaminaAts. a. ^ sblitaBls water SbltlBt er \','ater €lSntaiAer shull B9 ~F8\:iasa f€lr ea€lR 1 gg ~eFseAs ana Be eenveAiently leGate€! fer €Iis~sAsiA~ tAS watsr. If €lsAtaiAsrs are bltilizoa fer water aistriBblti€lA, tne €l€lAtaiAers sRall B8 ~re~srly €lsvsrea aAa ~revisicms maao fer kee~iA~ tAe €lsvers IS€lI'\sa. ^ €lRI@FiAS resiablal sf at least g.2 m~/1 shall Be maintainea at all times at ea€lA watsr aistriBblti€lA ~ Ordinance 0-04-1496 Page 3 of 11 s. Tf;;!s \;Ise ef semmeA ariAkiAS S\;l~S is ~rsf;;!ibit8a. /\t least SAG ais~ssabls S\;l~ sf;;!all bs ~rs':iaGa fer easf;;! ~erssA ~sr f;;!s\;Ir sf attsAaaAss. (2) Toilet facilities. a. Tsilet fasilities, sEl~arats fer easf;;! SS)( aAa ~laiAly markea "MeA" aAa "'.~(emeA" sf;;!all be ~rsviaea at a rate ef Ae mere tf;;!aA {jQ ~erseAs ~er tsilst seat. S\;Isf;;! fasilities sf;;!all be assiSRCla te sf;;!iela tf;;!s eSS\;l~aAts trsm ~\;Iblis ~ The event sponsor shall provide toilet facilities and shall arranae for collection and cleanina at intervals of sufficient frequency to prevent the creation of a health hazard or public nuisance. b. Pri':iGs, if ~r8\:iaea, sf;;!all Be str\;lst\;lrally Se\;lAa aAa sf;;!all be aesiSAea ts ~reveAt assess sf flies te ae~ssitea s)(srGta. s. PSRaBle ty~e tElilets, if ~re\'iaea, sf;;!all f;;!avEl '::aste there fmm sellestea at iAtsrvals Elf s\;IffisieAt frs€l\;lSAsy te ~resl\;las s':erfle'N aAa tf;;!e '.\'astes tf;;!ere frsm sf;;!all be ais~esea sf iA a maAAer tf;;!at a08s Aet Greats a f;;!ealtf;;! f;;!azara or A\;IisaAse. a. HaAa ':lasf;;!iAS aAa aryiAS fasilitios sf;;!all be ~rBviaea iA tf;;!e visiAity ef easf;;! toilet b\;lilaiAS er IssatisA. '.^.'aste ~rsa\;lssa frsm s\;lsf;;! f;;!aAa v/asf;;!iAS meilities sf;;!all Be ssllsstea aAa ais~ssCla ef eitf;;!er by f;;!elaiAS taAks sr s\;lBs\;lrfase abser~tieA fielas. (2) '.'eem," eGnt,~8!. S\;IffisieAt e€l\;li~msAt GlAa sf;;!emisGls shall bEl availaBle te seAtrel iASSSt vester ~reBlems iA a maAAer a~~rsvsa BY the €le\;lAty f;;!salth effi€ler. (4) Minimum g,~eg. f.A arsa sf at IGast {jQ s€l\;lars foot ~er ~erssA shall Be ~rs':iasa at tf;;!e ~fsmises. (i ~) Solid waste facilities. a. The event sponsor shall arranae for solid waste facilities with the waste collection company holdina a franchise with the City of Colleyville. .^.I1 selia waste sf;;!all bEl stefea iA s\;litaBls sSAtaiAers v:itf;;! tiSht fittins lias aAa S\;l€lh €lsAtaiAers shall be €lSA':ElAisAtly le€latsa thfs\;lshe\;lt the ~ b. All solid waste shall be collected t'::i€le aaily er at such mers frequent intervals as may be necessary to maintain sanitary conditions at the site as determined by the buildina official ana shall be ais~ssea of iA a fasility ':Ihish has Been a~~re'/ea BY the sS\;Inty h8Glltf;;! effiser. (6 ~) Noise control. Amplifying equipment used shall be designed to control the noise level at the perimeter of the site on which the gathering shall take place and be so operated that at no time more than 70 decibels is registered on the "A" scale at slow response of a standard sound level meter which meets the specifications of the American National Standards Institute. Ordinance 0-04-1496 Page 4 of 11 (+~) Food sanitation. a. All food and beverages sold or furnished shall be sBtaiAsB frem a1919rsv8B SSl;IrGss./'.I1 mSB aAB Be':eFa~es SSIB sr fl;lmisAsB in accordance with the standards of the Tarrant County Health Department. B. FSSBS, '.vAile BeiA~ stsrsB, I9rsl9arsB, sr sONeB, sAall Be 19F8testeB frsm sSAtamiAatiEm. G. .^.I1 1gerisAaBle fssB sAall BS StOrGB at SI;ISA toml9Sratl;lFElS as will I9retest a~aiAst sl9sila~e. B. ^" I9stsAtially AazarBsI;Is fSSB, \'/AisA Gsnsists iA \'/AOI8 sr iA 19aft sf milB Sf milB I9FSBI;Ists, e~~s, meat, I9sl;Iltry, fisA, aAB sAollfisA, sAall B8 maiAtaiAeB at safe temlgeratl;lres (4 8 BS~FSOS FaAFeAhoit sr Bels'^" sr 14 0 Be~rsss FaAreAAsit sr aBsve). e. TAe v:aSAiA~ aRB saAitiziA~ sf f8SB e~l;Iil9mont aAB I;ItsRsils sAall BS iA SSml9liaRse ':/itA tAe FS~l;IirsmeAts set fSrtR I;IABer al;ltRsFity sf V.T.C..'\., HsaltA aRB ~afety CSBS SR. 427. f. .^.I1 feSB serviss I9SFssRRol sRall '::ear sloaR sl;Iter ~aFmonts, maiAtaiA a Ri~R Be~ree sf 1geFssRal sleaRliRess, aAB sonroFm to Ay~ionis I9rastisEls VIRils SR Bl;lty. HaRB 'NasRiA~ mGilities sRall BO I9rG':iBeB. (8 ~) Medical and nursing care. a. .'\t least When required by the Colleyville Fire Chief, the event sponsor shall provide one or more emergency aid station~ fsr easR 10,Ogg I9srSSRS sr fraGtieR thSFBSf sAall BO maiRtainOB 6mB Be sloarly iB9RtifiaBI9 BY a I9remiRBAt Si~R BI;IFiR~ tA9 sRtire tims sf tRO mass ~atRoriR~, which shall be staffed and include suitable temporary shelter, supplies and equipment, at no cost to the City. B. ~a€lR em9F~eAsy 8iB statisR sRall Aa\'9 SA Bl;lty at all times at le8st tINs 1gerssRs WRS Aa'Je R8B, as a miAiml;lm, tFaiAiAg iR fiFst aiB eitAer BY tR8 .'\m8risaA ReB Cress sr as a meBiGal €lsrl9sman iA tAe aFmeB sorvi€les. ORe sf SI;ISR 1gerssRs sAall Be iR €lRaF~s. s. t. teRt sr stAer sl;IitaBle teml9sraPj sAslter shall B8 9Fe€lteB at a €lSA\'eAisRt IssatisA SA tAe ~rel;lABs sf tAS mass gatAeFiAg te A91;1se tAe 9msrgeA€lY aiB stati9R. ~a€lA emsr~eAsy 8iB stati9A sRall B9 19F8':iBBB '.VitR tRB fslls\\'iR~ e~l;Iil9m8Rt aAB Sl;Il9l9liss: FsIBiR~ ssts, six. QlaRkets, eigRt. CASSt Sr BOX (fer Sl;Il9l9liss), SRO. CRaiFS, t\::G. FlasAli~Rts, twe. Pail sr I9lastis ':lastsBashet, t\,,'o. Palger Bags fer waste, 24. P61I9Br tswols (roll sr 1985I(61g8), fSl;lr. Ordinance 0-04-1496 Page 5 of 11 PitsRer (witR s@ver), w:e. Tel;lmi€1l;1st (n:lbbor tl;lbiAQ~, tRme. .,\gResi'Js bEmgaQes (asserteg), felJr g@ZeA. .,\gResi'Je tatee, tRres iAsR aAg fel;lr JASR, rol;lr f@lIs GaSR sizs. QaAgaQ8s, t\./@ iASR aAg fm,lr iASR, 12 f@lIs GaSR size. TFiaAQl;Ilar bangaQe, 40 iAsR, she. C@tt@A balls (tersteashaQeg), 400. .^.Is@R@I, isetereteyl, t\':@ teiAts. Ssiss@rs, bll;lAt, eAe teair. SAal~e bits I~it, @AS. SteliAts, siK. BaQ magI< resl;lssitater witR @xYQeA Sl;ltetely, @no. StFstsReF, @AS. TRsrm@mster, @ral, tv/B. BaAgaQe SemteFSSs, WI@ insR, tRF8G iAsR, aAg f@l;Ir iAsR, six easR ~ F@l;Ir iASR by fel;lr JASR sett@A Qal;lze s€1l;1ares, 100. a. t. \',ritteA ~laA fer tRe e':asl;Iati@A ef sisk @r iAjl;lrSg ~SFS@AS sRall be ~F@\'ige€! aAg a~~mvs€! lil'l tRe s@l;Int'l RealtR @ffiser s@':eriA~ tRe felle\':iA~ ssrvises aA€! a S@~v ef tRe ~laA sRall bEl ~Iass€! iA a s@As~isl;Iel;ls ~Iase iA tRe emeF~eASV ai€! statieA: 1. Name, l@sati@A, aA€! tElleteROAe Al;Imbsr ef eAe er mere available lissAse€! teRysisiaAs. 2. ~Jams, l@satieA, aAg tslElteR@ne Al;Imbsr of aA available ambl;llaAss. 2. ~Jame, l@sati@A, aA€! teleteR@ne Al;Imber of aA available AsaFby Resteital. (7) Sianaae. Temporary sianaae shall be in accordance with the applicable sian reaulations unless a special sianaae plan is approved bv the City Council as a part of the mass aatherina permit approval. (8) Tents. A mass aatherina event which includes the use of a tent shall require a separate permit in accordance with the standards contained in the Collevville Fire Code. (9) Final site cleanup. At the conclusion of the mass gathering, the site shall be inspected by the sity manaQGr er Rjs gosiQnateg rsteH3ssAtati'Jo buildina official for health and sanitation considerations. The event sponsor shall be responsible for the final site cleanup. +Ae laAgev:Asr is rS€1l;1irsg te siQA aA affi€lavjt asl~Aev:legQiAQ Ris ebliQatieAs as establisRo€! BY tRis artisls. The landowner, upon notification by the Ordinance 0-04-1496 Page 6 of 11 city of the existence of any unsanitary conditions shall immediately cause such conditions to be corrected. (1 Q) Cft)' spoflsfJrsnfp. SAs\;-llel tAS B'/GRt Be sffi€lially SI3EmSsrsel BY tAg €lity, tASR tAg miRimwfl staRelarels S)(l3rGsseel iR S\;-lBSG€ltisRs (1 )e, (2)eI, (6), aReI (S)eI sf tAis S9€ltiSR sAall RSt al3l3ly. DIVISION 2. PERMIT Sec. 22-191. Required, No person may act as a I3mmstor an event sponsor of a mass gathering event ef s\;-ltelssr m\;-lsi€l festival unless A9 sBtaiRs a permit has been issued by fmm=the issuing officer under the provisions of this article. Sec. 22-192. Application - Filing; contents. (91) .'\ I3rsmstElr An event sponsor desiring to hold a mass gathering event eF=aR s\;-ltelssr m\;-lsi€l festi':al shall file a permit application with the €lily SEl€lFEltary buildinQ official at least eo 60 days before the day the mass gathering=Gf event is to be held. (96) The application for a permit under this article must include: (~~) The name and address of the I3mmQtGr event sponsor aReI tAS RamElS aReI aelelrBSSGS Qf all assQ€liates aReI Gml3lsyees sf tAEl I3fsmstElr assistiR~ iR tAB I3romstisR sf tAe mass ~atAefiR~ sr GVSRt. (2) .'\ finaR€lial statemeRt sf tAS I3mmster aReI a statemsRt sl3El€lifyiR~ ffsm wAsm €lal3ital fer tAEl mass ~atRGriR~ sr eveRt is BsiR~ S\;-lI3I3IiBeI aReI iR wAat amS\;-lRts. (a~) A description of the place where the mass gathering ef event is to be held. (4~) The name and address of the owner of the place where the mass gathering ef=event is to be held and a statemsRt elss€lriBiR~ tAS tSfms aReI €lSRelitisRS sf tAS a~reElmEmt \,'JASfSBY tREl I3mmstsr is 8\;-ltAsrizElel ts \;-lse tAS laReI a letter siQned by the property owner QivinQ permission to the use the property for the mass QatherinQ event. t& g) The dates and times that the mass gathering is to be held. (i !) The maximum number of persons that the I3rSmQt8r event sponsor will allow to attend the mass gathering ef event and a statement showing Ordinance 0-04-1496 Page 7 of 11 how the Ji}remster event sponsor plans to control the number of persons in attendance at the mass gathering 9f=event. f7 f) A description of the Ji}remster's aQfeemeAts 'Nit A Ji}orfofmers WAS are s€lAeal;Jlsa ts aJi}Ji}Bar at tAe mass QatAeriAQ sr S'.'OAt aAa tAS Aames aAa aaarsssss ef tAB Ji}BOOrmers WAg Aa'.'e aQrElEla t@ aJi}Ji}8ar aAa tASir aQsAts nature of the event. (i) /'. fl;J1I aAa €lsmJi}lote statemeAt a9s€lriBiAQ tAO Ji}remstElr's Ji}reJi}arati@As fer tAS mass QatAElFiAQ sr evoRt ts €lsmJi}ly 'NitA tAe miAiml;Jm staAaams sf saAitatigA aAa AsaltA as Ji}rEls€lriBea BY tAO state aeJi}artmoAt gf AsaltA. (Q) ,^'. ass€lriJi}tigA sf all Ji}reJi}aratisAs BsiAQ maae to Ji}rsvias traffi€l €l9AtfSl aAa ts aSSl;Jrs tAat tAB mass QatABriAQ I.'Jill Be €lSAaw;;tBa iA aA srasrly fasAisA aAa tAat tAB Ji}Aysi€lal safety sf tAS Ji}emoRs iA atteAaam~B will Bel Ji}F8ts€ltea. (1 Q) /'. aos€lriJi}tisA sf tAe Ji}FOJi}aratisAs maao ts Ji}reviae aao€1l:Jate meai€lal aAa nl;JrSiAQ Bars. (11) /'. aos€lFiJi}tisA sf tAe Ji}reJi}aratiems maao to sl;JJi}ervise miner Ji}BrssAs WAS may attsAa tAEl mass QatAeriAQ. (12) TAEl aJi}Ji}Ii€latisA fsr tAEl Ji}srmit ml;Jst B9 verifiea BY tAEl Ji}remster aAa BEl BasEla SA Ais BElst iAfermatisA ana Belief. (~ g) A filing fee of $~ ~250.00 must be submitted with the application for a permit. (14) /'. statomemt tAat aJi}Ji}li€laBlo 18€lal zSAinQ reQl;JlatisAs are B9iAQ fl;Jlly €lsmJi}li9a 1.':itA as wsII as all stAsr aJi}Ji}lieaBle €lity sFaiAaA€l9S, r9ssll;JtisAS, aAa rSQl;JlatisAs. (h) The event sponsor shall attach a letter to the application which addresses the followinQ: i. initial set-up times ii. controllinQ the number of persons in attendance at the mass QatherinQ &f=event. iii. parkinQ traffic control iv. street closures v. compliance with health requirements reQardinQ food and beveraQe services, includinQ the provision for potable water vi. plans for emerQency services, equipment and personnel vii. plans for event security viii. facilities for restrooms Ordinance 0-04-1496 Page 8 of 11 ix. arrangements for solid waste collection x. the sale of alcoholic beverages and identifying minors attending the event xi. clean-up after the event Sec. 22-193. Same IR'JestigatioR. Reserved (a) .'\ftsr aR aJi}Ji}lisati8R f8r a Ji}9rmit l;Jnasr tRis artisls is tiloa, tRe sity sssretary sRall seRa s8Ji}iBS t8 tRS S8l;JRty RBaltR effieor, tRB sRief €If Ji}olieo ana tRB maY8r. (B) TRe S8l;JRty RBaltR 8ffiser may in~l;Jire int8 Ji}rsJi}aratioRs mr tRe mass satReriRS 8r 8l;Jta88r ml;Jsis msti'/al aRa at least five aays Bst8re tRB ReariRS 8R tRe aJi}Ji}lieati8n sl;JBmit a reJi}eR te tRe eity eel;Jneil statiRS '::RetRer er net Re Believes tRat tRS miRiml;Jm staRaaras €If RealtR aRa sanitatien Ji}re'.'iasa BY state ana leealla':/s, rl;Jles, reSl;Jlati8Rs, aRa 8raers '::ill Be maiFltaiRea. (e) TRe eRief ef Ji}elise sRall iR'.'estisate Ji}reJi}arati8Rs f8r tRe mass satRerins ana at least five aays Befere tRe ReariRS 8R tRe aJi}Ji}lieatieR sRall sl;JBmit a reJi}8R t8 tRe sity smmsil statins \a:tletRer er R8t Re Believes tRe miniml;Jm staRaaras Ji}f€lviaea BY state aRa 18sal laws, rl;Jles, reSl;Jlatiens, aRa 8raers fer assblrins Ji}l;JBlis safety aRa 8raer '.vill Be maiRtainoa. (a) TRe iSSl;JiRS effieer may SeRal;Jst aRY aaaiti8Ral iR\'estisatieR eR tRe aJi}Ji}lisati8R fer tRe mass satReriRS \a:RieR Re eeRsiaers Reesssary. (0) TRe eel;JRty RealtR effieer aRa tRe eRisf €If Ji}8lieo @r tRe assRt €If sasR sRall Be a'.'ailaBIEl t8 sive tsstim8RY relatiRS te tRsir fSJi}8RS at tREl Rsarins OR tRS aJi}Ji}lieati8R fer tREl mass satherins Bomro tRe Elity eel;JnElil. Sec. 22 -194. Same - Hearing, (a.1l The issuing officer shall set a date and time for a hearing before the city council on the application for a permit under this article. TREl RsariRS may Be Rela R8t later tRaR 30 aays BeferB tRe aay set fer tRe mass sathoriRS t@ Bosin er the first Ji}sRermaRee ef tRe eveRt; aRa Ret earlisr tRaR 1 ~ aays after tREl aay tRe aJi}Ji}lieati8R is filea. (B) T eR aay's RetisB ef tRB time aRa Ji}laes €If tREl RElariRS 8R ttle aJi}Ji}lieati8R fer a Ji}srmit l;JRaer tRis aRiels sRall Be siveR t8 tRO Ji}rsmeter BY eeRitiea mail, at tRe aaaross SRS'::R eR tRe aJi}Ji}lisatieR, aRa reas8RaBlo Rotieo shall Be siveR te aRY Ji}8rs8Rs 'SR8 Ra'/o aR interest in tho QatnorinQ er aeRial €If tRB Ji}srmit. (e) ^t tho tloarins Bofero tRO eity Elol;Jneil eR tRO aJi}Ji}liElati8R f8r a Ji}Brmit l;JRaer this artiEllo, any Ji}erssFl may aJi}Ji}oar aRa tostify for or aQaiRst tRO QraRtiRQ sf tRe Ji}o rm it. Ordinance 0-04-1496 Page 9 of 11 Sec. 22 - 195. Denial of permit City Council Approval Required. (91) After the hearing on the application for a permit under this article is completed, the city council shall eAter its fiA€liAQs iA tAe Fes@r€l an€l snail grant or deny the permit. No permit for a mass aatherina event shall be issued by the buildina official unless the city council has approved the mass aatherina event application. (B) TAe eity eel;meil may €I@ny tAg ~mmit fer tAS mass QatheriAQ er sveAt if it fiA€ls tRa& (1) TAEl a~~lieatieA eeAtaiAs false er misloa€liAQ iAfermatieA er re€lblirEl€l iAfermatieA Is emittEl€l. (2) TAEl fiAaAsial BaskiAQ er staBility ef tAe ~remetElr is iAsblffisieAt te assblre tAat tAEl mass QatAeriAQ will Be seA€lbI€lte€l iA tAB maAAer statEl€l iA tAe a~~lieatieA. (~) Tne IS€latieA sslS€lts€l fer tAS mass QatAsriAQ er 8vEmt is iAa€le€lblatEl fer tAEl ~blf~SSEl fer ':JAi€lA it is ts BS blSG€I. (4) TAEl ~remster Aas Aet ma€ls a€le€lblat9 ~r9~aratieAs te limit tAEl AblmBElr sf ~erseAs attElA€liAQ tA8 mass QatAmiAQ sr 8':8At er te ~Fevi€lEl a€lEl€lblatEl s\;l~ElrvisieA fer miAer ~8fseAs attEm€liAQ tAB mass QatAeriAQ er eveAt. (5) TAB ~rEl~aratisAs fer tAEl mass QatA8riA~ sr El':ElAt €Is Aet aSSblfe tAat: a. MiAim\;lm staA€larss sf saAitatieA iSms A9altA v:ill B8 maiAtaiAElS; B. TAe mass ~atAeriAQ er ElVBAt will BEl €leAS\;IGtes iA srsElrly fasAieA aAs tAe ~Aysieal safety ef ~erseAs iA attElA€laA€lEl I.'JiII Be ~rete€lts€I; er e. J'.s9€lblate sbl~ervisieA ef miAer ~8rsBAs 'A'ill B8 We':isEls. (i) J',SEl€lblatEl arraAQElmeAts fer traffi€l eeAtrol havEl Aet Bee A ~re\'ises. (7) J'.SEl€lblate mesi€lal aAs AblfsiAQ ears will Aet Bg Q':ailaBle. (Q) The ~remetElr €lees ASt Aave a€le€lblats aQfEl8mGAts with ~ElffefmElrS te BASblfEl wit A reassAaBle €lertaiAty tAat ~ElrSefl~ as\'Grtisgs ts ~ElFferm will iA fa€lt a~~ear. Sec. 22 - 196. Cash deposit, As a condition precedent to the issuance of a permit under this article, the city council may require the promoter to make a cash deposit with the city to provide an adequate fund for the compensation of such security personnel as may be required to ensure the physical safety of persons and property of persons in attendance, as well as the Ordinance 0-04-1496 Page 10 of 11 persons and property of the community directly affected by the mass gathering €)f event. Sec. 22 - 197. Contents. A permit, if issued, shall authorize the promoter to hold a mass gathering event €)f sl;Itss@r ml;lsi€l fosti'/al at a specified place and at specified times. Sec. 22 - 198. Revocation. At any time J3ri@r te fiv8 says Bsfers tRS say ef tRS mass ~atReriFl~ er first J3eRermaFlee ef tR8 SV8F1t, the eity eel;lR€lil building official may, after reasonable notice to the J3romstor, event sponsor fslls'/:gs BY a R8ariFl~, revoke the permit on a finding &y=a ma1erity ef tRG €lity €leblFl€lil tnat tR9 J3r8J3aratieFls fer tns mQSS ~atReriFl~ er 8veFlt VJiII Flet Be €lemJ3letes iFl time fer tR9 first J38ffermaFl€lS aFla that the failure to carry out the preparations will result in a serious threat to the health or safety of the community or the persons attending the event. Section 2. 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. Section 3. THAT the regulations contained in the Code of Ordinances of the City of Colleyville shall remain in effect, except where amended by this ordinance. Section 4. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid 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. Section 5. 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. Section 6. THAT this ordinance shall become effective immediately upon publication. Ordinance 0-04-1496 Page 11 of 11 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 ORDINANCE 0-04-1496 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 22, ARTICLE VI - MASS GATHERINGS; OUTDOOR MUSIC FESTIVALS, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville desires to amend certain regulations pertaining to Mass Gatherings and Outdoor Music Festivals; 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 Chapter 22, Article VI, of the Code of Ordinances of the City of Colleyville, is hereby amended and re-titled to read as follows: ARTICLE VI. MASS GATHERING EVENTS; DIVISION 1. GENERALLY Sec. 2. THAT Chapter 22, Section 22-176, of the Code of Ordinances of the City of Colleyville, is hereby amended in its entirety to read as follows: Sec. 22 - 176. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Issuing officer means the building official. Mass gathering events means any meeting or gathering held inside the city limits or within the extraterritorial jurisdiction of the city which attracts or can be expected to attract 500 persons or more at anyone time and who will remain at the location of the gathering for a period of more than eight continuous hours. Event sponsor means any person, group of persons, firm, corporation, partnership, or association that organizes, promotes or solicits funds for the organization or promotion of a mass gathering event. Sec. 3. Ordinance 0-04-1496 Page 2 of 6 THAT Chapter 22, Section 22-177, of the Code of Ordinances of the City of Colleyville, is hereby amended in its entirety to read as follows: Sec. 22-177. Conduct of event; minimum standards. The following minimum standards shall apply in the conduct of mass gathering events permitted under this article: (1) Water supply. a. The event sponsor shall provide access to a supply of potable water on the site where the event is taking place. (2) Toilet facilities. a. The event sponsor shall provide toilet facilities and shall arrange for collection and cleaning at intervals of sufficient frequency to prevent the creation of a health hazard or public nuisance. (3) Solid waste facilities. a. The event sponsor shall arrange for solid waste facilities with the waste collection company holding a franchise with the City of Colleyville. b. All solid waste shall be collected at such frequent intervals as may be necessary to maintain sanitary conditions at the site as determined by the building official. (4) Noise control. Amplifying equipment used shall be designed to control the noise level at the perimeter of the site on which the gathering shall take place and be so operated that at no time more than 70 decibels is registered on the "A" scale at slow response of a standard sound level meter which meets the specifications of the American National Standards Institute. (5) Food sanitation. a. All food and beverages sold or furnished shall be in accordance with the standards of the Tarrant County Health Department. (6) Medical and nursing care. a. When required by the Colleyville Fire Chief, the event sponsor shall provide one or more emergency aid stations, which shall be Sec. 4. Sec. 5. Ordinance 0-04-1496 Page 3 of 6 staffed and include suitable temporary shelter, supplies and equipment, at no cost to the City. (7) Signage. Temporary signage shall be in accordance with the applicable sign regulations unless a special signage plan is approved by the City Council as a part of the mass gathering permit approval. (8) Tents. A mass gathering event which includes the use of a tent shall require a separate permit in accordance with the standards contained in the Colleyville Fire Code. (9) Final site cleanup. At the conclusion of the mass gathering, the site shall be inspected by the building official for health and sanitation considerations. The event sponsor shall be responsible for the final site cleanup. The landowner, upon notification by the city of the existence of any unsanitary conditions shall immediately cause such conditions to be corrected. THAT Chapter 22, Section 22-191, of the Code of Ordinances of the City of Colleyville, is hereby amended in its entirety to read as follows: Sec. 22-191. Required. No person may act as an event sponsor of a mass gathering event unless a permit has been issued by the issuing officer under the provisions of this article. THAT Chapter 22, Section 22-192, of the Code of Ordinances of the City of Colleyville, is hereby amended in its entirety to read as follows: Sec. 22-192. Application - Filing; contents. (1) An event sponsor desiring to hold a mass gathering event shall file a permit application with the building official at least 60 days before the day the mass gathering event is to be held. (2) The application for a permit under this article must include: (a) The name and address of the event sponsor. (b) A description of the place where the mass gathering event is to be held. (c) The name and address of the owner of the place where the mass gathering event is to be held and a letter signed by the property Sec. 6. Sec. 7. Ordinance 0-04-1496 Page 4 of 6 owner giving permission to the use the property for the mass gathering event. (d) The dates and times that the mass gathering is to be held. (e) The maximum number of persons that the event sponsor will allow to attend the mass gathering event and a statement showing how the event sponsor plans to control the number of persons in attendance at the mass gathering event. (f) A description of the nature of the event. (g) A filing fee of $250.00 must be submitted with the application for a permit. (h) The event sponsor shall attach a letter to the application which addresses the following: I. initial set-up times II. controlling the number of persons in attendance at the mass gathering event. iii. parking tra ffic control iv. street closures v. compliance with health requirements regarding food and beverage services, including the provision for potable water vi. plans for emergency services, equipment and personnel vii. plans for event security viii. facilities for restrooms ix. arrangements for solid waste collection x. the sale of alcoholic beverages and identifying minors attending the event XI. clean-up after the event THAT Chapter 22, Section 22-193, of the Code of Ordinances of the City of Colleyville, is hereby deleted and replaced with the following: Sec. 22-193. Reserved THAT Chapter 22, Section 22-194, of the Code of Ordinances of the City of Colleyville, is hereby amended in its entirety to read as follows: Sec. 22 - 194. Same - Hearing. (1} The issuing officer shall set a date and time for a hearing before the city council on the application for a permit under this article. Sec. 8. Sec. 9. Sec. 10. Sec. 11. Sec. 12. Sec. 13. Ordinance 0-04-1496 Page 5 of 6 THAT Chapter 22, Section 22-195, of the Code of Ordinances of the City of Colleyville, is hereby amended in its entirety to read as follows: Sec. 22 -195. City Council Approval Required. (1) After the hearing on the application for a permit under this article is completed, the city council shall grant or deny the permit. No permit for a mass gathering event shall be issued by the building official unless the city council has approved the mass gathering event application. THAT Chapter 22, Section 22-197, of the Code of Ordinances of the City of Colleyville, is hereby amended in its entirety to read as follows: Sec. 22 - 197. Contents. A permit, if issued, shall authorize the promoter to hold a mass gathering event at a specified place and at specified times. THAT Chapter 22, Section 22-198, of the Code of Ordinances of the City of Colleyville, is hereby amended in its entirety to read as follows: Sec. 22 - 198. Revocation. At any time, the building official may, after reasonable notice to the, event sponsor, revoke the permit on a finding that the failure to carry out the preparations will result in a serious threat to the health or safety of the community or the persons attending the event. 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 ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the regulations contained in the Code of Ordinances of the City of Colleyville shall remain in effect, except where amended by this ordinance. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have Ordinance 0-04-1496 Page 6 of 6 been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec. 14 THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 15. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2004. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney CITY COUNCIL citr or (Qe~ AGENDA BRIEFING TL~X,,$ MEETING DATE: 12/21/04 ITEM # : 7 ORDINANCE #: ! 0-04-1497 DEPARTMENT HEA FINANCE REVIE DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of an Amendment to Chapter 3, Section 2.24.D of the Land Development Code regarding Temporary Use Permits for community special events, Case Z-04-036 Previous Action: 12/07/04 Second Reading and Public Hearing Update At the December 7, 2004 meeting, the City Council directed staff to make minor modifications to the proposed ordinance to clarify when a special event permit is required. On page four of the attached draft ordinance containing the strikethrough characters, Section 5, paragraph 4 has been modified to include the word "outdoor" in front of the word "events". Paragraph 4 has also been changed to add the language "at any time" to be consistent with the Mass Gathering regulations considered with the previous agenda item. Input received from homebuilders and developers, regarding the regulations for temporary construction trailers and real estate sales offices, indicated a need to make additional modifications to the proposed ordinance to reflect market conditions somewhat unique to Colleyville. Staff received one letter from David Bagwell expressing his concerns over the current regulations and has proposed a modification to the regulations for temporary construction trailers and real estate sales offices. The current regulations establish a maximum permit period of eighteen months for temporary real estate sales offices and a maximum building size of 900 square feet. Unlike many surrounding communities, tract builders are generally able to build out a new subdivision within a relatively short amount of time, such as twelve to eighteen month. Colleyville developments, due to the unique housing market conditions in the community, often require two or more years to reach completion. Furthermore, the size of a temporary building for use as a construction trailer or a sales office is usually a function of the size of the development and the number of lots involved in the subdivision. The attached proposed ordinance has been modified to provide greater flexibility in the application of the regulations for temporary construction trailers and real estate sales offices. Staff has experienced no problems in the past with temporary buildings used for these purposes, and is in agreement with the concerns of the homebuilders and developers regarding the language contained in the current regulations. Agenda Briefing Ordinance 0-04-1497 Page 2 of 3 First Reading and Public Hearing Many zoning codes adopted by municipalities include regulations for temporary uses such as temporary real estate offices in residential subdivisions, construction offices during the construction phase of a major construction project, or for temporary uses on private property, such as special events generally held outdoors where the public is invited and the proposed activity may affect adjacent properties. Regulations for community special events are generally included in the zoning code in order to provide guidelines for small-sized special events, for example seasonal events or special fund raising events sponsored by a public entity, civic or non-profit organization located within the city. Typically, such events are permitted through the Building Permit Office after the various municipal departments have reviewed the proposed event and addressed all public safety concerns. Colleyville has no permitting process or written guidelines for small scale special events. Attached to this agenda briefing is a proposed ordinance to amend the Land Development Code regarding temporary uses for community special events. Currently, Colleyville has regulations for mass gathering events where it is anticipated that 500 persons or more will gather at a location for a period of eight consecutive hours. These mass gathering regulations were adopted April 17, 1973 (Ordinance 0-73-126) and are contained as a part of the official Code of Ordinances. There are no regulations for special events where less than 500 persons are anticipated to attend. Staff has drafted a proposed regulation to provide standards and guidelines for small scale community special events where less than 500 persons will be in attendance for a period of eight consecutive hours. As proposed, the ordinance will allow the building official to approve permits for these small scale community special events, but only one permit shall be issued to the same civic or non-profit organization within a 180 day period. The ordinance authorizes the building official to set reasonable performance standards, such as parking, noise, hours of operation and provisions for public safety, as a condition of permit approval to address any potential effects on adjacent properties. The ordinance contains a provision whereby the building official may refer a permit application to the City Council for approval where the event may have significant public interests. The proposed ordinance also deletes regulations regarding tent permits, since tent regulations are currently contained within the Colleyville Fire Code. The Colleyville Fire Department has recommended the deletion of the tent regulations from the zoning code to avoid duplication and possible conflicting provisions regarding tent permits. The Planning and Zoning Commission considered this amendment to the Land Development Code at the November 22,2004 meeting and recommended approval by a unanimous vote. Recommendation Approval Agenda Briefing Ordinance 0-04-1497 Page 3 of 3 Attachments · Letter from David Bagwell . Proposed Amendments to the Temporary Use Regulations · Ordinance 0-04-1497 12/15/2004 12:4& 214-3&8-7740 DAVID BAa..ELL CQI\o'P. PAGE 02 David Bagwell 8222 Douglas Avenue, Suite 605 Dallas, Texas 75225 817/540-5500 December 15, 2004 Joe Hocutt, Mayor 7703 'TlUman Rd. Colleyvllle, TX 76034 Rich Hendler CoIleyvllle CIty Council Place 3 2100 Highland Meadows CoIleyvllle, 1)( 76034 Mark Skinner Colleyville City Coundl Place 1 4108 Greeoway Court CoIleyville, TX 76034 Jon Ayers CoIIeyvlUe aty Council Place 4 4808 Meandering Way CoIIeyville, TX 76034 Elaine Dolan CoIIeyvllle City Council Place 2 1313 Crest Drive CoUeyville, TX 76034 Dear Mayor and aty Coundl: At your last meeting, as I awaited the opportunity to speak, I looked through the Agenda and some of the background information provided. Item III (Ordinance 0-0+1497) in particular caught my attention. In reading this proposed amendment to the Land Devel- opment Code. I discovered that the Land Development COde, as currently written, presents $ignifiqJnt Q~es tQ The ~ ~ Com~ny In the CQnd~ Qf it$ bt,J$in~. I ~I$Q discovered. thit OminaO(e 0-0+1497 would ~ke matters worse! Tom Hart Colleyville City CouncH Place 5 1717 Avondale Colleyville, 1')( 76034 Both the Agenda and the related Agenda Brieftng identify Item , 11 as "regardino Temporary Use Permits for community spedaI events." The heading of the proposed ordinaoce itself is "Proposed Amendments to the Temporary Use Regulations regarding community Special Event Pennlts". Notwithstanding how Ordinance 0-Q4.1497 is styled, this amendment includes some provisions that have nothing to do with "Temporary Use Regulations regarding Community Special Event PennitS". Instead, they deal with "temporary constructiOn office buUdlng" and "Real Estate Sales omce~, matters of considerable interest to me that I would not have known about had I not been browsing the inch thick informatiOn packet left for the presi. Two provisions in Ordinance ().()4-1497 that apply to "'temporary construction office building" and "Real Estate Sales OffIce" which are objeCtionable are: 12/15/2004 12:46 214-368-7740 DAVID BAGlI.ELL COI'oF'. PAGE 03 ColleYiille Mayor and City Council December 15, 2004 Page Two A new sub-paragraph d. would be added to Chapter 3, Section 3.24.0, paragraph 1. of the Land Development Code 50 that 'i11e yard area situated between the temporary construction offtce building and the street shaH be sodded prior to Its OCQJ~; and A new sub-paragraph f. would be added to Chapter 3, Section 3.24.0, paragraph 2. of the Land Development COde SO that "'The yard area situated between the temporary real estate office and the street shaH be sodded prior to itS OCQJpancy". I understand these sodding provisions for tempOrary offices were requested of staff by the CoIIeyvllle Planning and Zoning COmmlssion at the time the P &. Z considered city staff's draft ordinance "regarding Temporary Use Pennlts for community special events". While imposing a sodding requirement on a temporary sales office and on a construction office may seem innocuous to you, these provisions are iR~sidered and unnecessary. (1) What could be the rationale for imposing a regulatiOn Hke this? I've checked and found no problems with constructiOn or sales offices that these ~ns would resolve. For examplef there are already sufficient federal! ~ and Iocaf laws governing sedimentation. And, you can be conftdent that anyone opening a temporary const:ruction office or a temporary sales office In a new home subdivision in Colleyville will make sure that there are no objectionable aesthetic aspeds of the office yard, such as barren ground that thiS sodding ordinance seeks to avoid. (2) SOd<Sing Is not ~lwaY$ the ~ ~e or mQ$t ~Q$t effiQent ~ns of establiShing gr~ in a yard, ll'Iere's also seed'"9 and. hYd.romulching to ~tWmPn5h the same obiettive, and oftentimes one or both are better than sodding, l11e pOint is that you should trust the free market system to resolve how to establish gr_ at a temporary tonstrucdon ()ffice and at a temporary sales office rather than impose a "one size fits all" law as Ordinance 0..0+1497 proposes to do. (3) More laws mean more bureaucracy to oversee those laws, usually resulting in delays for buSiness, higher fees for business, or a greater tax burden on property owners. If you believe, as many of us in -rhe Red States" do, that our free martet economy is overburdened with unnecessary regulations, then these provisions requiring sodding at construction and sales offices must strike you as another instance of government, no matter how well-intentioned, freely spending someone else's money and needlessly impinging on their freedoms. 12/15/2004 12:4& 214-3&8-7740 DAVID BAGt<ELL CCM? PAGE 04 COlleyvllle M8yOf' and City Coundl December 15, 2004 Page Three Thomas Jefferson counseled, "'That government Is best which governs least, because itS people discipline themselves". Someone else -- I don't know who -- said '1f It ain't broke, don't fix It". Both perspettIves seem apropos to these sodding provisions. It's laws like this In CoIleyvllle that lead me to say that The David Bagwell Company Is "'dying tram a thousand cuts", Whereas none of the IndMduallaws I complain of would kill the business of The David Bagwell Company, the myriad of laws like this proposed sodding requirement are doing it in. That's why I have started The Lotsmith, my new business for developing thoroughly am- pliant, if unremarkable, subdivisions in communities whose laws frustrate rather than enable the development efforts of The Davtd Bagwell Company. As I am concentrating on the new business of 1l1e Lotsmlth, I am wrapping up the old busi- ness of The David Bagwell company, which 5tiU has sales and light construction manage- ment to do for Whittier Heights, Old Grove, Broughton, Westmont, and Leyton Grove. To fadlitate that, I wish to place a portable building for my associates to work from on the most northern lot in WhittJer Heights Phase n. In reading Item #11 on the. Agenda of your last meeting, I was cha9rlned to see that the Land Development Code, which Ordinance ()-()4.1497 would amend, already seems to present greater problems for The David Bagwell Company than the unnecessary sodding requirement contained in the amendment. For clarification about restrictions that already eXIst, my associate, Jill Folkert, has asked City Staff if the following are prohibited by the Land Development Code: 1) \I~ Qf one ~ bl.lil(lino tot~ing ~xm~ 1,4OQ s.t. fQr bQth ~ ~c;:tiQfl offl~e and i ~~ Qffl~e; 2) use of one portable building located In Whittier Heights Phase n as the locus of sales and management of more than one develPpment rI The DavId Bagwell Company In ColJeyvtlle: Whittier Heights, Whittier Heights Phase n, Old Grove, Old Grove Phase U, Broughton, Westmont, Leyton Grove. If, as it seems, the Land Development Code does not permit 100 David Bagwen Company to use a portable bUilding in these ways to conduct its CoIIeyviIIe business, I request that you liberaltre the Land Development COde so that we may do our work in the most effective way for.us. (If we.were to be told what problems the a.wrent restrictionS In the Land Develop- ment Code seek to prevent, we could make suggestions for how the CIty could do that: and also allow us the freedom to conduct our busln8S5 in the way we think best.) There is another provision in proposed Ordinance ()-()4-1497 that should be addressed differently than how. the P 8r. Z has sent It to you, As the Land [:)evdopment Code now reads: 12/15/2004 12:46 214-368-7740 DAVID BAGllELL CCM=>. PAGE 05 Colleyvflle Mayor and City Council December 15,2004 Page Four "A permit for a temporary real estate office building shall be valid for 18 months or until certlftcates of occupancy have been Issued for seventY (70%) percent of the lots within the subdivision, whichever occurs "rst." ~ the proposed amendment to the Land Development Code reads: "A permit for a temporary real estate office building shall be valid for 18 months or vnijl certificates of occupancy have been Issued for ninetY (90%) oercent of the lots within the subdivision, whichever occurs first." (The distinctions between the current and proposed laws are underlined. and bold italics indicate the flaw in both the ament and proposed laws, as well as the fix I suggest below. The proposed amendment may seem to ectend the time period for maintaining a temporary real estate office in a development. In fact, It does not, because the 18 month time limit will always prevail. Every development d The DavId Bagwell Company has reached the 18 month threshold long before certificates of occupant)' "have been Issued for seventy (70%) percent of the lots within the subdivision". Developments of The David Bagwell Company sell more slowly than most other developments in CoIIeyviIle, but I don't think any other devel- opment has received certificates of occupancy for seventy percent (70%) of the lots sooner than 18 months. Therefore, the change from seventy percent to ninety pen:ent certificates of OCOJpancy is irrelevant sinCe 18 months is much more 6kely to elapse before there are ninety percent certificates of occupancf. If you wish to facilitate lots sales from a portable ~...i1ding in ~ d~t, ~$ I 1,Irge yQ\I to do, I suggest thClt the Qn;II~ ~ \hiS w~y: "A permit for a temporary real estate office building shall be valid for 18 months or until certificates of occupancy have been issued for ninety percent (90%) of the lots within the SlubdivisiOn, whichever occurs IleCfIIId." Thank you for considering my views. Cc: Bill Undley, City Manager Barry LeBaron, Development Director Proposed Amendments to the Temporary Use Reaulations reaardina Community Special Event Permits Double strikethrouah text is deleted and bold underlined text is proposed ORDINANCE 0-04-1497 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3 OF THE COLLEYVILLE LAND DEVELOPMENT CODE TO INSERT REGULAL TIONS FOR TEMPORARY USE PERMITS AND COMMUNITY SPECIAL EVENTS AND TO DELETE REGULATIONS FOR TENT SALES; 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, the Planning and Zoning Commission has held a public hearing and forwarded its recommendation to the City Council for consideration. 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Section 1. THAT Chapter 3, Section 3.24.D, of the Land Development Code, is hereby amended to insert the following new paragraphs 1 and 2 to read as follows: 3.24.DTemporary Buildings and Uses 1. Temporary Use Permit - The Buildina Official may approve a permit for a temporary use specified in this Section for limited periods of time, provided evidence is furnished by the applicant that adequate measures are taken to satisfy public safety concerns and related site criteria concerns. All temporary uses shall be subject to the reaulations contained in this Section. The buildina official may Ordinance 0-04-1497 Page 2 of 7 recommend a temporary use permit application be considered by the City Council where it has been determined by the buildina official that the proposed temporary use may have sianificant public interests. A temporary use permit, as herein prescribed, shall not be required for neiahborhood block parties held in coniunction with the annual National Niaht Out neiahborhood celebration or for events approved by a municipal department where said event is conducted on municipally owned property. a. Revocation: The Buildina Official may revoke a temporary use permit if determined that: i. The applicant has misrepresented any material fact on the application, or supportina materials. ii. The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit. iii. The operation of the temporary use violates any statute, law, ordinance or reaulation. iv. The operation of the temporary use constitutes a nuisance or poses a real or potential threat to the health, safety or aeneral welfare of the public. 2. Permit Conditions - The Buildina Official is hereby authorized to prescribe reasonable conditions upon a temporary use permit to protect the public health, safety, and aeneral welfare of the community, with particular attention to areas adjacent to or in the vicinity of the permitted temporary use. Such conditions may include specific performance standards, noise mitiaation measures, liahtina restrictions, limitation on hours of operation, odor control measures, off-street parkina requirements, traffic restrictions, or other standards desianed to minimize adverse impacts on surrounding properties. In the event that a sponsor is dissatisfied with the Building Official's decision, the sponsor may appeal the decision to the City Council. Section 2. THAT Chapter 3, Section 3.24.0, paragraph 1, of the Land Development Code, regarding construction offices is hereby amended in its entirety to read as follows and by renumbering paragraph 1 to paragraph 3: .;t.~. Construction Offices and Sales Offices - The Buildina Official may approve a permit for a A temporary building for Ordinance 0-04-1497 Page 3 of 7 use as a construction office or a sales office for new home or lot sales may Be ~ermittoB in any zoning district during the construction phase of a permanent building or new subdivision, provided such temporary buildinQs .'\1'1 a~~liGatisA fer a tGm~erary €lSAstrbl€lti@1l effi€le ~srmit mblst Be sblBmitteB SA rorms sbl~~lioB BY tRe QblilBiA~ Qffi€lial's QUiGg aAB rS€lsi':e a~~fsval sf tRe QblilBiA~ QUi€lial ~ri@r t@ its ~laGomGAt @A tRG ~f@~()I'ty. Tem~@r6lry G@llstrblGtioA @ffiGGS shQII comply with the following requirements: (0 gg 1241.' 19/03/(){)) a. No temporary buildinQ used as a construction office or a sales office BblilBiA~ shall encroach within five (5) feet of a property line or encroach within the visibility triangle required in Section 3.26 of this Land Development Code. B. Tom~Grary €lSAstrbl€ltisA sffi€le BbliIBiA~S shall ASt elC€leeB ggg s€lblare feet. GQ.A temporary €loA&trIJetic)A offieo building used as a construction office durinQ the construction of a permanent building shall mtiSt be removed within ten (10) days after the issuance of the certificate of occupancy of the permanent building, weather permittinQ. c. A temporary buildinQ used as a real estate sales office shall be removed within ten (10) days after ninety (90%) percent of the lots within the subdivision have been sold. d. A temporary construction office or real estate sales office shall sit on a blocked foundation acceptable to the BuildinQ Official. No temporary construction office or real estate sales office shall be used that rests only on the wheels. e. A model home may be used as a temporary real estate office and shall be exempt from the requirements of paraQraphs a, b, c, and d above. Section 3. THAT Chapter 3, Section 3.24.D, paragraph 2, of the Land Development Code, regarding real estate sales offices is hereby deleted. 2. Real ~stQto SalGs Qffiee .^'. tgm~9rary BIJilBiA~ fsr b1S8 as a mal GstQtG @ffi€le may Be ~ermitt8B iA any zOlliA~ Bistri€lt ~rs\'iBeB its IJse is limiteB sAly fer tRG ~mm@tic)A aAB sa Is sf Ordinance 0-04-1497 Page 4 of 7 ~re~erty on ':Jnien it is eroGte€J er '.vitniA tne same SblB€JivisieA. ^A a~~lieatieA for a tem~erarl real estQt8 eUieo ~8rmit mblst Be sblBmitte€J eA forms sbl~~lie€J BY tne Qblil€JiA~ Gffieial's GUiee an€J reeeive a~pro'Jal ef tn8 Qblil€JiA~ GUieial ~rier to its ~lae8meAt eA tne ~fO~orty. Tem~orary Bblil€JiA~S b1se€J as a real ostate effiee ~nall Gom~ly ,-'/itn tno felle'^,iA~ re€1b1irom8Ats: (0 ()() 1211 .' 1 ()/() 3/()()} a. Tom~erary real ostQte eUieo Bblil€JiA~S sAall eem~ly ':/itn tn9 Bblil€JiFl~ setBael'\ linos fer tne a~~lieaBle zeAiA~ €JistriGt. B. Tem~orary real estate eUiee Buil€JiFl~S snQII Aet emme€J gOO 8€1uaro foot. G. ~Jo mere tAan tV/e (2) tom~erary mal estato eUiee Bblil€JiA~S may Be leeato€J witniA a SblB€JivisieFl as €Jefino€J BY a fiAal ~ €J. ^ ~ormit fer a tom~erary FOal estate eUiee Bblil€JiFl~ snail Be vali€J fer 1 a meAtns er b1F1til e8Ftifieates ef eeebl~aAey nave BeeA issble€J for seveAty (70%) ~ereeFlt ef tno lets witniA tnQ 8uB€JivisieA, wniGne'Jer eeeblrs first. e. ^ mo€Jol neme mQY B8 b1se€J as a tem~erary real estatQ oUiee aA€J snail Be Encem~t frem tne re€1b1iremeFlts ef ~ara~fa~AS B, e, aA€J €J QBev8. Section 4. THAT Chapter 3, Section 3.24.0, of the Land Development Code, is hereby amended by deleting paragraph 3 regarding Temporary School Classrooms. 3. T8m~erary SGnoel Cla~~roems All zeAiA~ €Jistriets wnien allm': seneels may nave t9m~erary Bblil€JiA~S b1se€J s91ely fer tAQ ~b1r~eS8 ef GIQssreems. Section 5. THAT paragraph 4 of Chapter 3, Section 3.24.D, of the Land Development Code, is hereby amended in its entirety to read as follows: 4. TOFlt Sales aA€J GtAor Community Special Events - ^ tC)F-It, as €JofiFle€J Aemin, may Be uso€J as a tom~erary strbletblr8 for ~b1Blie o€€u~Qney iA a€€Or€J6lF-1ee ,-':itn tns fellewiFl~ rS€1b1immeAts: (Orff. 0 Q2 133Q .' Q2 2(; 2()()2) Outdoor events of public interest which are anticipated to attract less than 500 persons in attendance at anyone time for a period of eight consecutive hours or more, such as carnivals, circuses, Ordinance 0-04-1497 Page 5 of 7 and similar temporary events or special fund-raisin~ events sponsored by a public entity. civic or non-profit or~anization located within the City. Only one permit for a Community Special Event shall be issued to the same civic or non-profit or~anization within a 180 day period. a. .\ ~ormit a~~re\.'es BY tRe ~\;IilsinQ OffiGiQI is r8€1wires wier te tRe €onstr\;lGtieA of a teAt r8Q\;Ilates BY tRO Celleyville ~MilsinQ Cose, Celloyville Fire Coss aAs this ~o€ti8n. B. ~Js ~ermit shall Be a~~rsves wllsss a€l€lom~aRies BY a site ~laR sRswiAQ tRe ~ro~sses leGatieA ef tRe tC)Flt. TRe ColIsyville Fife) MarsRall snail a~~revEl sais sits ~laA. G. .\ ~ermit for el teAt snail oAly Be issMes ts the fsllswinQ: I. TRs RelsGr of a €lertifi€late sf O€l€l\;l~aA€Y of a ~ermaAsAt str\;l€ltMr8 whore tRe tont is iA€lisEmtal to the \;IS8 sf tRS ~rimarJ str\;lGtwf8, sr ii. Tho nolser sf an a~~Ii€lati8n a~~rs\'8s BY tne City CeMA€lil for el "Mass GatneriAQ ~~e€lial E'.'SAt" iA the City, as sofiRss iA ~o€tisR 22 17ij sf J\rti€lls VI. Mass GatRElriRQs; OMtsser Mwsi€l Fosti'.'als, sf tR8 Csse ef OrSiAaA€l8S, City of Cslloyvillo, T8){as. s. Tno MSS sf tRe tont snail BEl €leAsistElAt \':ith ~e€ltien 24.C TaBle ef Pormittss Usos. e. ~J8 f30rmit fsr el teAt shall BEl '.'alis fer msrs thaA (JO) €lSAsS€l\;ltivo SelYs aAs AS mers tnaR tRrse (J) ~ermits may 138 i~swos iA SAS €lalonsar year, El}(€le~t fsr ~wBli€l sr ~ri\'ato s8Rssls, wRi€n may 130 iss\;Ies a ~8rmit thelt is valis fer Ae msre tRaA eno R\;IASreS aAs tweAty (120) €l8ASS€l\;lti'J8 says. V./itR res~88t te ~MBli8 sr ~ri':at8 S€lR88Is, teAts sRall BEl ins~oGtos BY tn8 Fire Marshal SA€lS 8\'er/ thirty (JO) says ':/ithiA tne ~8rmit ~eries. Psrmits sRall Aet rMA €lSA€lMrrElAtly aAs 8a€ln ~8rmit mMst Be s8~arat8s BY a ~eries ef Aet IElsS thaA tRirty (JQ) says. P\;IBliG er ~rh:atEl S€lRe81s sRall B8 mcem~t from tne thirty (JO) say waitinQ ~ori8s Betv:o()Fl f3 arm its. f. TeRt~ mwst ellse €lomf3ly v:itn tho assitionell r8€1Mir8moAts ef tho C811syvillo ~wilsiAQ Ceso 6ms Cellsy':illo Fire C8SCl. Ordinance 0-04-1497 Page 6 of 7 Section 6. THAT Chapter 3, Section 3.24.D, of the Land Development Code, is hereby amended to insert the following new paragraph 5 to read as follows: 5. Tents - A temporary use or special event which includes the use of a tent shall require a separate permit in accordance with the standards contained in the Colleyville Fire Code. Section 7. 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. Section 8. THAT Ordinance 0-00-1214, the Land Development Code, as amended, shall remain in effect, except where amended by this ordinance. Section 9. 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. Section 1 O. 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. Section 11. 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: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney Ordinance 0-04-1497 Page 7 of 7 CITY OF COLLEYVILLE Joe Hocutt Mayor ORDINANCE 0-04-1497 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3 OF THE COLLEYVILLE LAND DEVELOPMENT CODE TO INSERT REGULAL TIONS FOR TEMPORARY USE PERMITS AND COMMUNITY SPECIAL EVENTS AND TO DELETE REGULATIONS FOR TENT SALES; 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, the Planning and Zoning Commission has held a public hearing and forwarded its recommendation to the City Council for consideration. 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 3, Section 3.24.0, of the Land Development Code, is hereby amended to insert the following new paragraphs 1 and 2 to read as follows: 3.24. D Temporary Buildings and Uses 1. Temporary Use Permit - The Building Official may approve a permit for a temporary use specified in this Section for limited periods of time, provided evidence is furnished by the applicant that adequate measures are taken to satisfy public safety concerns and related site criteria concerns. All temporary uses shall be subject to the regulations contained in this Section. The building official may recommend a temporary use permit application be considered by the City Council where it has been determined by the building official that the proposed temporary use may have significant public interests. A temporary use permit, as herein prescribed, shall not be required for neighborhood block parties held in conjunction with the annual National Night Out neighborhood celebration or for events Sec. 2. Ordinance 0-04-1497 , Page 2 of 5 approved by a municipal department where said event is conducted on municipally owned property. a. Revocation: The Building Official may revoke a temporary use permit if determined that: I. The applicant has misrepresented any material fact on the application, or supporting materials. II. The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit. III. The operation of the temporary use violates any statute, law, ordinance or regulation. IV. The operation of the temporary use constitutes a nuisance or poses a real or potential threat to the health, safety or general welfare of the public. 2. Permit Conditions - The Building Official is hereby authorized to prescribe reasonable conditions upon a temporary use permit to protect the public health, safety, and general welfare of the community, with particular attention to areas adjacent to or in the vicinity of the permitted temporary use. Such conditions may include specific performance standards, noise mitigation measures, lighting restrictions, limitation on hours of operation, odor control measures, off-street parking requirements, traffic restrictions, or other standards designed to minimize adverse impacts on surrounding properties. In the event that a sponsor is dissatisfied with the Building Official's decision, the sponsor may appeal the decision to the City Council. THAT Chapter 3, Section 3.24.D, paragraph 1, of the Land Development Code, regarding construction offices is hereby amended in its entirety to read as follows and by renumbering paragraph 1 to paragraph 3: 3. Construction Offices and Sales Offices - The Building Official may approve a permit for a temporary building for use as a construction office or a sales office for new home or lot sales in any zoning district during the construction phase of a permanent building or new subdivision, provided such temporary buildings comply with the following requirements: a. No temporary used as a construction office or a sales office shall encroach within five (5) feet of a property line or encroach within the visibility triangle required in Section 3.26 of this Land Development Code. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-04-1497 Page 3 of 5 b. A temporary building used as a construction office during the construction of a permanent building shall be removed within ten (10) days after the issuance of the certificate of occupancy of the permanent building, weather permitting, weather permitting. c. A temporary building used as a real estate sales office shall be removed within ten (10) days after ninety (90%) percent of the lots within the subdivision have been sold. d. A temporary construction office or real estate sales office shall sit on a blocked foundation acceptable to the Building Official. No temporary construction office or real estate sales office shall be used that rests only on the wheels. e. A model home may be used as a temporary real estate sales office and shall be exempt from paragraphs a, b, c, and d above. THAT Chapter 3, Section 3.24.D, paragraph 2, of the Land Development Code, regarding real estate sales offices is hereby deleted. THAT Chapter 3, Section 3.24.D, of the Land Development Code, is hereby amended by deleting paragraph 3 regarding Temporary School Classrooms. THAT paragraph 4 of Chapter 3, Section 3.24.D, of the Land Development Code, is hereby amended in its entirety and renumbered as paragraph 5 to read as follows: 5. Community Special Events - Outdoor events of public interest which are anticipated to attract less than 500 persons in attendance at anyone time for a period of eight consecutive hours or more, such as carnivals, circuses, and similar temporary events or special fund-raising events sponsored by a public entity, civic or non-profit organization located within the City. Only one permit for a Community Special Event shall be issued to the same civic or non-profit organization within a 180 day period. THAT Chapter 3, Section 3.24.D, of the Land Development Code, is hereby amended to insert the following new paragraph 5 to read as follows: 5. Tents - A temporary use or special event which includes the Sec. 7. Sec. 8. Sec. 9. Sec. 10. Sec. 11. Ordinance 0-04-1497 Page 4 of 5 use of a tent shall require a separate permit in accordance with the standards contained in the Colleyville Fire Code. 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 ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT Ordinance 0-00-1214, the Land Development Code, as amended, shall remain in effect, except where amended by this ordinance. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2004. day of ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney Ordinance 0-04-1497 Page 5 of 5 CITY OF COLLEYVILLE Joe Hocutt Mayor CITY COUNCIL ~~ AGENDA BRIEFING 'jl~X~$ MEETING DATE: ! 12/21/04 ITEM #: ' 8 ORDINANCE #:! 0-04-1498 CITY MANAGER DEPARTMENT HEAD ! FINANCE REVIEW I Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Zoning Change from AG to R40 on Block 1, Lots 1 and 2, Cooper Addition located at 7300 John McCain Road, Case Z-04-039 First Reading and Public Hearing Backqround Bailey Draper is the developer of 4.69 acres located on the east side of John McCain Road, just south of Bandit Trail. Mr. Draper has submitted a request to change the zoning on the property from AG Agricultural to R40 Single Family Residential. The applicant is seeking a zoning change in order to construct new residences on the property for his father and brother. Mr. Draper's father and brother are the current owners of the property. Single family residences are currently located on the property. The surrounding property is residential in nature. Properties to the north, south and east are zoned AG and are developed as single family residences. Property to the west, across John McCain Road, is zoned R20 and is developed as a single family residence. The Master Plan indicates that all the property on Colleyville Boulevard is anticipated to be developed for commercial uses in the future. The Colleyville Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This particular goal includes several objectives relative to this zoning change request: · Continue development of luxury residential areas while maintaining the "country feel" along major collector streets · Encourage redevelopment of older properties located along major collector streets into estate settings · Preserve larger lot sizes, i.e., 30,000 sq. ft. and up, and promote the redevelopment or combination of smaller lots into larger estate lots · Encourage large scale single lot development on major thoroughfares as "estate" properties The portion of John McCain Road adjacent to this property is classified as a Minor Collector street by the Master Thoroughfare Plan. The proposed request appears to satisfy the objectives of this goal. This property is also located in Neighborhood 6, as identified in The Colleyville Plan. One of the significant neighborhood issues identified by the citizens during the preparation of the plan was to maintain areas for larger lot development. Agenda Briefing Ordinance 0-04-1498 Page 2 of 2 Impact Issues 1. Master Plan. This property is in Neighborhood 6, as identified in The Colleyville Plan. The property is designated for future use as single family residential land uses. This request is consistent with the goals and objectives of The Colleyville 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. Over the last five years, several new single family subdivisions have been constructed southwest of the property. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of- way. The developer is responsible for the extension of utilities to the lot if necessary. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the property is valued at $315,900. The estimated City property tax revenue for the property is $1,097 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. 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 16 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. The Planning and Zoning Commission conducted a public hearing and considered this request at the November 22,2004 meeting. The Commission recommended approval by a unanimous vote. Recommendation Approval Attachments · Location & Zoning Map · List of Property Owners Notified · Ordinance 0-04-1498 Location & Zoning Map Jf!.4 G ..1'_..-.. --.--..- T4D4 . ?S00li -------- ----,-- ------.... ----.. ! / ,~ / "!toe j 13015 .J<l4 /~ I,~ --y---- Ll~ - A-G--+---1 'w ~ / - i _ ;i )';{04 t-------- I I-J I I '0' / ~D '.1 7400 No.4 T--'-~ 01" ~ ., 6m3 406 ! I I I , ~- ." -------+--____-1_ 1:"-1:;">(; ~i<l1! I L i I M (12) I i Z-04-039 Cinotto, Gary R Etux Jean M 4300 Green Meadow St. E. Colleyville, TX 76034 Walker, Grady M Etux Zerena PO Box 1905 Colleyville, TX 76034 Neff, T. Brent Etux Lacretai J. 204 John McCain Rd. Colleyville, TX 76034 Zim, Aldwin Etux Christine PO Box 1125 Bedford, TX 76021 Coleman, Josh D & Christina M 7204 John McCain Rd. Colleyville, TX 76034 Holt, Dale M Etux Roxanne G 116 John McCain Rd. Colleyville, TX 76034 Billings, Florence L PO Box 1228 Colleyville, TX 76034 Draper, James T Jr Etux Carol 511 Waxwood Dr. Brentwood, TN 37027 Epperson, Larry Etal Ann R 7308 John McCain Rd. Colleyville, TX 76034 Draper, James Etux Elizabeth 7404 Belle Meade Dr. Colleyville, TX 76034 Hightower, Roxanne S. 104 John McCain Rd. Colleyville, TX 76034 Jamieson, Matthew B. PO Box 1037 Colleyville, TX 76034 Aycock, Michael W & Janet 7207 Belle Meade Dr. Colleyville, TX 76034 Newgren, Dennis Etux Judith 200 John McCain Rd. Colleyville, TX 76034 Old Grove Ltd. Prtnshp. 8222 Douglas Ave. Ste 605 Dallas, TX 75225 Draper, Bailey applicant 1828 Kinsale Dr. Keller, TX 76262 ORDINANCE 0-04-1498 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 4.687 ACRES OUT OF THE WILLIAM CROOK SURVEY, ABSTRACT 295, FROM THE AG AGRICULTURAL DISTRICT TO THE R40 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 Bailey Draper on November 1, 2004, under Case No. Z-04-039; 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 bound as shown on attached Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the R40 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 0-04-1498 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 2005. 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 G 3tJ4 74Q.4 75(14 --- ..----r- ---...- , ---......... -~JL: r' /, ><'" / I """ ~8!r,~ ;- A-C--:--1 _ -.) / . / , / ~ I 1m __ (----- - / I II "" . 30. / 1/ --L 7'00 N04 lJ04 ~')5 f/-t()(; 406 -to ~ , I I I 6~>(< 1''* EXHIBIT B - METES AND BOUNDS DESCRIPTION WHEREAS, James R. Draper, Elizabeth L. Draper, James T. Draper Jr. and Carol Ann Draper, are the owners of a tract of land situated in the William Crook Survey, Abstract No. 295, Tarrant County, Texas as shown in Volume 13737 at Records of Tarrant County, Texas, and being more particularly described as follows: Being a description of a 4.687 acre tract ot land situated in the William Crook Survey, Abstract No. 295, in the City of Colleyville, Tarrant County, Texas. Being all of Lots 1 and 2 in Block One of Cooper Addition, an addition to the City of Colleyville as shown on the Plat recorded in Volume 388-195, Page 95 of the Plat Records of Tarrant County, Texas, and a tract of land conveyed to James T. Draper and Carol Ann Draper as described in Volume 13530, Page 0111, Deed Records of said Tarrant County. BEGINNING at a %-inch steel rod set for corner on the current east right-ot-way line ot John McCain Road (an existing variable width right-ot-way) and being the northwest corner of said Draper tract as recorded in Volume 13530 at Page 0111 ; THENCE North 89 degrees 59 minutes 04 seconds East at a distance of 14.00 feet passing the southwest corner of Lot 1, Block 1, Epperson Addition, an addition to the City of Colleyville as shown on the plat recorded in Cabinet B Slide 2135 of the Plat Records of Tarrant County, Texas, and at a distance of 319.33 feet passing the south common corner between said Lot 1 and a tract of land conveyed to Gary R. CinoUo as described in Volume 14388 Page 0371 ot the Deed Records of said Tarrant County, and continuing for a total distance ot 541.70 feet to a %-inch steel rod found for corner; THENCE South 00 degrees 08 minutes 24 seconds West a distance of 125.14 feet for a %-inch steel rod found for corner and being the northeast corner of said Cooper Addition; THENCE South 00 degrees 22 minutes 38 seconds West a distance of 235.07 feet to a %-inch steel rod found for corner and being the southeast corner of said Cooper Addition; THENCE South 89 degrees 16 minutes 49 seconds West along the south line of said Cooper Addition, a distance of 519.73 feet to a %-inch steel rod set for corner on the previously said east right-of-way line of John McCain Road; THENCE North 11 degrees 40 minutes 00 seconds West along said east right-of-way line a distance of 67.95 feet to a %-inch steel rod set for corner at an angle point in said east line; THENCE North 01 degrees 17 minutes 15 seconds East along said east line a distance ot 183.83 feet to a %-inch steel rod set for corner; THENCE South 89 degrees 00 minutes 00 seconds West continuing along said right-of- way line a distance of 14.00 feet to a %-inch steel rod set for corner; THENCE North 01 degrees 31 minutes 18 seconds East continuing along said right-ot- way line a distance of 134.55 feet to the POINT OF BEGINNING and containing 4.687 acres or 204,182 square feet of land more or less. CITY COUNCIL .~ AGENDA BRIEFING TC'x~:i MEETING DATE: I 12/21/04 ITEM # : 9 ORDINANCE # : 0-04-1499 CITY MANAGER I DEPARTMENT HEAD 1 FINANCE REVIEW 1 Previous Action: None DEPARTMENT: ENGINEERING SUBJECT : Approval of a City Developer Agreement with Broadland Limited Partnership for Whittier Heights Additions First Reading and Public Hearing BackQround Broadland Limited Partnership has submitted a request for approval of a City-Developer Agreement for Whittier Heights Phase 1 and Phase 2. All public improvements associated with Phase 1 are complete and have been accepted by the City. Phase 2 has been approved for construction and the public improvements associated with this phase will begin soon. Staff has been working with the Developer for several months on the various issues related to this Agreement. Staff has reviewed the Agreement and found it to be consistent with developmental policies and ordinances. Financial Impact The Developer has requested reimbursement for remediating backfill from prior construction of the sixteen inch water main in an easement through the Addition. Funding for this reimbursement is available in water impact fees. Recommendation Approval Attachments . City Developer Agreement . Ordinance 0-04-1499 CITY OF COLLEYVILLE CITY-DEVELOPER AGREEMENT WHITTIER HEIGHTS PHASE I AND WHITTIER HEIGHTS PHASE II ADDITIONS STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That Broadland Limited Partnership, organized under the laws of the State of Texas, hereinafter called "Owner/Developer", and the City of COlleyville, Tarrant County, Texas, hereinafter called "City", enter into the following agreement (''The Agreement''). In consideration of the mutual covenants herein contained and for developing lots in Whittier Heights Phase I, an addition to the City of Colleyville, as filed of record in CabinetA, Slide Number 8667 of the Plat Records of Tarrant County, Texas, and lots in Whittier Heights Phase II, an addition to the City of Colleyville, as approved by the City Council in Resolution R-03 -2286 (the "Addition''), the parties hereto do agree: 1. City shall reimburse Broadland Limited Partnership its expense of FIFTEEN THOUSAND DOLLARS ($15,000.00) in (i) remediating backfill from prior construction of the sixteen inch water main in an easement through the Addition and (ii) disposing of spoil. 2. The perimeter street fee for Whittier Heights Phase II is $28,676.21. A credit of $11,123.00 ($1,589.00 per lot for 7 lots) shall be applied to the perimeter street fee for Whittier Heights Phase II. Roadway impact fees in the amount of $1,589.00 per lot will be assessed at the time a building permit is issued for each lot and the Owner/Developer will pay the City $17,553.21 prior to City Acceptance. 3. All maintenance within Trail right-of-way, including, but not limited to, mowing of grass, removal of dead plant materials, repair and replacement of irrigation equipment, cost of water for irrigation, upkeep of drainage facilities, etc. shall be the sole responsibility of the City. 4. Owner/Developer shall proVide an approved automatic opening device (Opticom) or other acceptable device, as approved by the Fire Marshall, at the emergency access entrance for the purpose of opening gates shown on Exhibit A hereto or other gates proposed by Owner/Developer and approved by the Fire Marshall, said gates to be provided by Owner/Developer. version 12/16/04 5. If, for any reason, the ownership of the property should change prior to the acceptance by the City of the water, sewer, storm drainage and paving improvements in Whittier Heights Addition, it is agreed that these conditions will pass from this Owner/Developer to the next owner and the City will require proper signatures of the new Owners agreeing to the terms of this Agreement. 6. Owner/Developer understands that he has no authority to cancel or amend the terms of this agreement without the specific written authority of the City. 7. The City agrees to allow minor grading pursuant to a staff-approved grading plan and aerial photographic tree survey and to allow City approved tree removal at and near the common property lines of McPherson Park, Old Grove and Whittier Heights, and City hereby grants permission to Owner/Developer to enter upon City property for the purposes of effecting such plans upon prior notification of entry to the City. 8. Good and indefeasible title to all accepted public improvements shall vest in the City of Colleyville free and clear of any liens and encumbrances. IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3) counterparts, each of which will be deemed an original on this day of , 2004. BROADLAND LIMITED PARTNERSHIP By: The David Bagwell Company, its general partner By: David S. Bagwell, President CITY OF COLLEYVILLE Joe Hocutt, Mayor Cynthia Singleton, City Secretary version 12/16/04 'ro) ~ m s: II ~ m - I ;0 ~ G) m z () -< G) ~ m -u " ..!.. r :J> Z en m () --i - 0 z 51-0" Z I'-e' II-ell II_ell ~ (fJ ~ ,- ~ Ul ~ ~ I ~ ~ - ..!.. ..!.. . ~ , q IJ! 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COPYING, OR USE OF THIS DRAWING WITHOUT WRITTEN CONSENT IS PROHIBITED AND ANY INFRINGEMENT WILL BE SUBJECT TO LEGAL ACTION. @ Copyrfght 2002 l,/ESA Desl9n Group II JIGlI~_ _-'~ISll ~T._lI:/lIl 12'l(,1"'_'-"1-15O' ~ m s: /I -->. m , - ;0 g G) m z () -< G) ~ m " 0 c z 0 )> --i - 0 Z "U r )> Z WHITTIER HEIGHTS ~OLLEYVILLE, TEXAS q \l! q I ~ -: , ~ q \l! , 4 -1 , " ~ 1- -; '___',"'w._;___"~_~"~"'~ _..~". ~'''-''~~'''''''''''''''_'''~~'''_''~'''''~"~'C<>_'''._''_'''.' .t>. U1 ," ," ~ q ~ 6'-0" 1'_0" 5'-4" 1'-8" '-0" 10" 10" I'-e" 10" 10" I a I I ~~ I m --I , UJ 1 I 'I' ..J ;--- '... " '-Oil I'-e" 11-8" 10" 10" 6' 4" 1'-8" 2'- " i:i r I.l~ "'~xr (\ Z () ~~mz () (\ m .- . (j\m z () X ll: ~~~~ (\ () ill ~ -n I.l \) ~ ~~ (\ ~11 iiI ffi m X~ r ,~ i \)~() m 7\ (\ -i _, 11 m ll:~ ~ ~~ in 111 -n ~ ~ (\ .:I:(j\ ~ () iiI ~ -~ x ~ ~ii1 01 x ill U\ m m~ r U1() r(j\ m ,;I 11 !. 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(858) 292-1561 FAX (858) 292-6955 www.firestrobe.com.emeil:911@fjrestrobe.com RAPID DETECTION OF ANY EMERGENCY STROBE · Fire · Paramedics · Police .911 Response Vehicles . Double and Quad Flash Strobes FIELD PROGRAMMABLE · Coated Optics · 2 Relay Outputs · Relay Timing EASE OF INSTALLATION . FIRE STROBE 2000 can be Installed on any existing gate system . Sensitive photodlode complete with PVC housing and lens assembly can be mounted in a variety of ways . FIRE STROBE 2000 is designed to accommodate AC or DC operation . Units are provided with a 12 VAC plug in transformer ORDINANCE 0-04-1499 AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT FOR PUBLIC IMPROVEMENTS BETWEEN BROADLAND LIMITED PARTNERSHIP AND THE CITY OF COLLEYVILLE, TEXAS FOR THE WHITTIER HEIGHTS ADDITIONS WHEREAS, Broadland Limited Partnership, (Developer) shall construct public improvements and the City of Colleyville, Texas shall participate in the cost as determined by municipal ordinance under Subchapter C. Developers Participation in Contract for Public Improvements, Local Government Code, State of Texas; and WHEREAS, The City of Colleyville and Developer hereby entered into a City Developer Agreement/Contract for the Whittier Heights Additions, which specifies certain construction costs that the City has agreed to participate in with the Developer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Developer shall construct the improvements and the City shall participate in their cost. Sec. 2. THAT the City's total cost participation (not to exceed $15,000.00) does not exceed thirty percent (30%) of the total contract price. Sec. 3. THAT all of the Developer's books and other records related to the project shall be available for inspection by the City. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2005. day of . ,.,,_~,,",_,~~._,__~~,_~_'~___'."_~__"_'__"_^_'_"'>'..__..~__.__.__.__,._.______m...m.__...,....__.__._ ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney Ordinance 0-04-1499 Page 2 of 2 CITY OF COLLEYVILLE Joe Hocutt Mayor ,- _.~--_.~..~,..".""-~.._---~---~-~-~-~-'_._.~---'~_._,.. -..-, .--- CITY COUNCIL ~(1l AGENDA BRIEFING lexa$ MEETING DATE: I 12/21/04 ITEM # : 10 ORDINANCE # : 0-04-1500 CITY MANAGER I DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT : ENGINEERING SUBJECT : Approval of a City Developer Agreement with Old Grove Limited Partnership for Old Grove Additions First Reading and Public Hearing BackQround Old Grove Limited Partnership has submitted a request for approval of a City-Developer Agreement for Old Grove Phase 1 and Phase 2. All public improvements associated with Phase 1 are complete and have been accepted by the City. Phase 2 is under review by Staff and has not been approved for construction. Staff has been working with the Developer for several months on the various issues related to this Agreement. Staff has reviewed the Agreement and found it to be consistent with developmental policies and ordinances. Financial Impact None Recommendation Approval Attachments · City Developer Agreement · Ordinance 0-04-1500 CITY OF COLLEYVILLE CITY-DEVELOPER AGREEMENT OLD GROVE PHASE I AND II ADDITIONS STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That Old Grove Limited Partnership, organized under the laws of the State of Texas, hereinafter called "Owner/Developer", and the City of Colleyville, Tarrant County, Texas, hereinafter called "City", enter into the following agreement (''The Agreement''). In consideration of the mutual covenants herein contained and for developing lots in Old Grove Phase I and Old Grove Phase II, additions to the City of Colleyville, approved respectively by the City Council in Resolution R-04-2300 and Ordinance R-04-1475 (the "Addition''), the parties hereto do agree: 1. In order to facilitate a more aesthetically pleasing Trail system, the Owner/Developer shall escrow funds for 2,340 If of the ten foot (10') wide Trail that is required in the approved Old Grove Construction plans. The total amount escrowed is $64,584.00 ($2.76/sf) and has been deposited with the City by Owner/Developer prior to City acceptance ("City Acceptance") of Old Grove public improvements in lieu of constructing the Trail. Owner/ Developer may construct portions of the trail at any time in locations prescribed for the trail on the Old Grove final plat. Upon approval by the City, which shall not be unreasonably withheld, progress payments will be made to Owner/Developer by the City promptly, but in no event later than ten(10) business days after Owner/Developer's submission to the Director of Public Works of proper bills (less ten percent retainage) on hard construction costs) for completed work of said Trail construction, including but not limited to construction plan preparation and reproduction, permits, inspection fees, excavation, provisions for storm drainage, forming, fill, subgrade preparation, base materials, reinforcing steel or wire mesh, concrete and concrete finishing, testing, all elements of automatic irrigation, grass seed or hydromulch, trees and shrubs, storm water pollution prevention plan ("SWPPP'') preparation, SWPPP inspections and SWPPP regulatory compliance including erosion control device maintenance and additional provisions, etc. (but not Owner/Developer's overhead or transportation costs to and from the jobsite). The cost of all reasonable change orders shall be borne by the City. Upon satisfactory-completion as described in the construction contract, the City will promptly pay to the Owner/Developer all retainage. Reimbursement to the Owner/Developer shall be based on actual construction costs in an amount not to version 12-16-04 exceed $64,584.00. In the event that total actual construction costs are less than $64,584.00, the remaining funds shall be promptly refunded by the City to Owner/ Developer. 2. For a period of not more than two years from the date hereof, the City agrees to delay collection of the impact fees for any permanent irrigation meter obtained by Owner/Developer for the purpose of providing irrigation to landscaped areas in the Addition. After a period of two years from installation, if Owner/Developer continues to maintain any such permanent irrigation meter for the purpose of providing irrigation landscaped areas in the Addition, then the impact fees that would have been payable upon installation of the permanent irrigation meter shall be immediately due and payable by Owner/Developer. 3. Owner/Developer shall provide an approved automatic opening device (Opticom) or other acceptable device, as approved by the Fire Marshall, at the emergency access entrance for the purpose of opening gates shown on Exhibit A hereto or other gates proposed by Owner/Developer and approved by the Fire Marshall, said gates to be provided by Owner/Developer. 4. All maintenance within Trail right-of-way, including, but not limited to, mowing of grass, removal of dead plant materials, repair and replacement of irrigation equipment, cost of water for irrigation, upkeep of drainage facilities, etc. shall be the sole responsibility of the City. 5. If, for any reason, the ownership of the property should change prior to the acceptance by the City of the water, sewer, storm drainage and paving improvements in Old Grove Addition, it is agreed that these conditions will pass from this Owner/Developer to the next owner and the City will require proper signatures of the new Owners agreeing to the terms of this Agreement. 6. The City agrees to allow minor grading pursuant to a staff-approved grading plan and aerial photographic tree survey and to allow City approved tree removal at and near the common property lines of McPherson Park, Old Grove and Whittier Heights, and City hereby grants permission to Owner/Developer to enter upon City property for the purposes of effecting such plans upon prior notification of entry to the City. 7. Good and indefeasible title to all accepted public improvements shall vest in the City of Colleyville free and clear of any liens and encumbrances. 8. Owner/Developer understands that he has no authority to cancel or amend the terms of this agreement without the specific written authority of the City. version 12-16-04 IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3) counterparts, each of which will be deemed an original on this day of , 2004. OLD GROVE LIMITED PARTNERSHIP By: The David Bagwell Company, its general partner By: David S. Bagwell, President CITY OF COLLEYVILLE Joe Hocutt, Mayor Cynthia Singleton, City Secretary version 12-16-04 ~ ~ m s:: 1/ ~ m - , ;a ~ G) m z () -< G) ~ m \J - .!.. r )> Z (f) m () -I - 0 z ,- ~ ,. ~ \)l ,. ~ 'Exhibit A' i: I.n ,- q " \ m\ s: \ m \ \ I ;a \ \ I G) \ \ ~. \ \\ : () \ \ iJ -< \ \ I \ \ G) \ \ I )> " \ -I ,,\ m "" s: ",,- - () ;a o (f) - -I m "1J r )> Z / z ~ j, ~ ';0 ~ ft\ f> o o ~ ~ i""" (fl ~ o 9 ~ ; I I \ \ -;0 \ '0 'z m~~~~~~ .~ ~5J;1leOJI11~~ 0 \ lJC\jlJjlJ 111 - .!..iil:t(\IJ~1.n 0 ~. II11-<:;1 ~ \ :-~~~ii1<o ::! . rnIJ~~m 0 (\;IO(\IJ 'Z O:!:;}IrO Z:j111110 ~ffipi .0 (\jlJIJ -iIr )>mo (\(JI(\ (\I)- rniiliil H: \ \ SH'fET 1 OF 3 JSG JDT Drawn Checked 21120 11.05.04 Project No. Date Revision No. Revision Date WHITTIER HEIGHTS COLLEYVILLE, TEXAS THIS DRAWING AND THE DESIGN SHOWN IS THE PROPERTY OF THE LANDSCAPE ARCHITECT. THE REPRODUCTION. COPYING, OR USE OF THIS DRAWING WITHOUT WRITTEN CONSENT IS PROHIBITED AND ANY INFRINGEMENT WILL BE SUBJECT TO LEGAL ACTION. @ Copyright 2002 l,ksI, Design Group II )'IIl~_ _105. U 1Sl1 DoIM,T_lQIIl ~lm_""II'''-15lI7 ~ m ~ II ->. m - , ;u g G) m z 0 -< G) ~ m "T1 0 C Z 0 )> -I - 0 Z "1J r )> Z WHITTIER HEIGHTS ~OLLEYVILLE, TEXAS q IJ.! q , ~ -::: , ~ q IJ.! , 4 -! , - ~ 1- .I>- \.P " " ~ q ~ 61_0" 1'-0" 9'-411 1'-8" '-0" 10" 10" 1'-8" 10" 10" I I I I I 1 I a I ~i i 0) q I,J " ~ 'I' q -::: .J I -r-- ---- ~ '... " q 1'-8 10" 10" 1'-8" .!: - 1- - I-> ~ " ~ ~ 1- I ~ .n q r I,J~ 1->)>3:r S Z 0 ~8mz (\ m . iji . (]1m z ~~~~ (\ 0 o X m ~ ~ -n I,J \J ~ (]I Q..I>- (\ jQll iil ~ ol0 m 3:)> r I jQ m \J )> 0 ~ -1~ 11 mlll~ ~ ~~ ffi 1ft -n ~ jQ (\ .:I:(]I )> 0 )> -)> 3: jQ r tiil ... 01 3: ill U\ m m \J r \.PO 8 r (]1m m ~ll ~ o )> U\ ~ _m B ~)>-1 \.Il~ jQ~ U\ iJt ;I 3: ~~ ~ , >! m. 11 '3: 0 \J m r. SHEET 2 OF 3 JSG JOT Drawn Checked THIS DRAWING AND THE DESIGN SHOWN II IS THE PROPERlY OF THE LANDSCAPE 11.04.04 ARCHITECT. THE REPRODUCTION. COPYING. 21120 OR USE OF THIS DRAWING WITHOUT WRITTEN CONSENT IS PROHIBITED AND Project No. Date ANY INFRINGE~ENT WILL BE SUBJECT TO LEGAL ACTION. \'/ESA o..ign Group )1Dll__t @ Copyrfght 2OQ2 _tIOS. LI 1112 O-'lo_75JIl1 !21<l,UHlsn'u:'U.'IIIT Revision No. Revision Date lJ ~ lJ () lJ 11 (iI . ~ m g -l ~8 OJ . m ~l 8z ~ ~ :j;: ~ ~ ...~-~ (\ 7\ (\ lJ ~11 ....... m ~!..L~~ ~ ~ ~ ~ig~ ~ ~ a~~811 ~ ~ UI m- s: ~ (iI :r() (i() ~ lJIl q~ II ~ .. C\~~() ~ a::iffi()l :rtnm ~ r (iI ....... m z ~~~ii1q. ~ z Rl~()I). I - \J r (iI :n.:!:). iiI ~ ;0 41_111 G) ,2'- " m z () -< G) )> -f m (J) m () -f - 0 z -- m r m ~ - 0 z 8 a~ ~ ~ ~q ~ ~- 8 ~ ()' (i d: ~~~ g Gi 11 IJI ~ ~ ~ r-.. . ~ ~ () I:J. () WHITTIER HEIGHTS COLLEYVILLE, TEXAS JSG Drawn 21120 Project No. Revision No. ~~~ l8 . '-"0 S .~~ ~S~ ~J~ -l~m ~.dll ...~~ ~~. am :r ~ J ~ ~ SHEET 3 OF 3 JOT Checked THIS DRAWING AND THE DESIGN SHoWN IS THE PROPERlY Of THE LANOSCAPE ARCHITECT. THE REPRODUCTION. COPYING, OR USE Of THIS DRAWING WITHOl1T WRITTEN CONSENT IS PROHIBITED AND Mf( INfRINGEf,lENT Will BE SUBJECT TO LEGAl. ACTION. @)Copyrfght .2002 I./ESA DeeIgn Group II 11.05.04 Dale ~111G"""""'''' _IOS,LI~ DoII_,1'._1nlIl (tloJD'_'u::f1,.,SlI1' Revision Date MANUFACTURED BY: DISTRIBUTED BY: ACCESS PRODUCTS, INC. (858) 292-1561 FAX (858) 292-6955 www.firestrobe.com · emall: 911@firestrobe.com RAPID DETECTION OF ANY EMERGENCY STROBE · Fire · Paramedics · Police · 911 Response Vehicles · Double and Quad Flash Strobes FIELD PROGRAMMABLE · Coated Optics · 2 Relay Outputs · Relay Timing EASE OF INSTALLATION · FIRE STROBE 2000 can be Instalied on any existing gate system · Sensitive photodlode complete with PVC housing and lens assembly can be mounted in a variety of ways · FIRE STROBE 2000 is designed to accommodate AC or DC operation · Units are provided with a 12 VAC plug in transformer ORDINANCE 0-04-1500 AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN AN AGREEMENT FOR PUBLIC IMPROVEMENTS BETWEEN OLD GROVE LIMITED PARTNERSHIP AND THE CITY OF COLLEYVILLE, TEXAS, FOR THE OLD GROVE ADDITIONS; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Colleyville and Old Grove Limited Partnership, hereby enter into a City Developer Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Developer and the City shall participate in a City Developer Agreement for public improvements for the Old Grove Additions. Sec. 2. 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. 3. 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 2005. day of ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney Ordinance 0-04-1500 Page 2 of 2 CITY OF COLLEYVILLE Joe Hocutt Mayor CITY COUNCIL (Qen~ AGENDA BRIEFING IL~:x~$ MEETING DATE: ! 12/21/04 ITEM #: I 11 RESOLUTION #: I R-04-2484 CITY MANAGER I DEPARTMENT HEAD i FINANCE REVIEW i NIA Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Consideration of appointments to the SH26 Advisory Committee Reading and Public Hearing There are six (6) positions on the SH26 Advisory Committee whose terms expire December 2004. The positions were advertised and applications accepted through December 10, 2004. The incumbents were notified that their term was expiring and asked to submit an application if they wished to be considered for reappointment. There are eleven (11) applicants whose names are listed below and their applications are attached. · Jon Herd · Louis Miller* · Butch Wallace* · Kipp Whitman* · Debra Christon · Ronald Edington · Richard Rodriquez · Joyce Hammill · Martha Walker · Robert Potter · Ernest Hedgcoth* *Incumbent Recommendation Approval Attachments · SH26 Advisory Committee roster · Applications for Appointment · Resolution R-04-2484 CHAIRMAN Joe Allen 6413 Colleyville Boulevard Colleyville, TX 76034 W: 817.481.1077 H: 817.318.8211 F: 817.488.4866 drallen@blvdanimal.com TERM: December 2003 - 2005 Ernest Hedgcoth 6012 Ponderosa Drive Colleyville, TX 76034 W: 817.831.7711 H: 817.488.0170 F: 817.831.6368 TERM: December 2002 - 2004 Louis C. Miller 7800 B Tillman Hill Colleyville, TX 76034 W: 817.485.2111 H: 817.577.8546 F: 817.656.5704 millerlouis@sbcqlobal.net TERM: December 2002 - 2004 Kipp A. Whitman 3402 Crossgate Circle South Colleyville, TX 76034 W: 817.571.9800 H: 817.571.9800 F: 817.540.4459 wldcatr@comcast.net TERM: December 2002 - 2004 LIAISON Rich Hendler 2100 Highland Meadows Colleyville, TX 76034 W: 817.421.8165 H: 817.421.8164 F: 817.428.8966 M: 817.821.0005 hendlerr@ci.collevville.tx.us Revised 7/20/04 SH26 Advisory Committee Kim Gill 5409 Miramar Lane Colleyville, TX 76034 W: 817.858.9966 H: 817.858.9945 F: 817.858.9967 TERM: December 2002 - 2004 Lorna McElaney 1106 Hardage Lane Colleyville, TX 76034 W: 214.496.6383 H: 817.481.7953 TERM: December 2002 - 2004 Chris Strittmatter 5601 Ponderosa Street Colleyville, TX 76034 W: 817.605.3250 H: 817.488.2644 F: 817.656.1528 TERM: December 2003 - 2005 Curtis W. Young 8003 Jefferson Circle Colleyville, TX 76034 W: 972.929.8443 H: 817.498.2011 F: 972.929.1241 TERM: December 2003 - 2005 LIAISON Mark Skinner 4100 Oxford Court Colleyville, TX 76034 W: 214.957.1834 H: 817.858.0066 F: 817.514.6664 M: 214.957.1834 ski n nerm@ci.collevville.tx.us John Gober 1309 Somerset Court Colleyville, TX 76034 W: 817.428.8575 H: 817.577.0816 F: 817.427.9121 TERM: December 2003 - 2005 Dee McNosky 5108 Pleasant Run Road Colleyville, TX 76034 W: 817.788.3101 x5606 H: 817.656.3727 M: 817.824.9860 dtmcnoskv@aol.com TERM: December 2003 - 2005 Butch Wallace 1709 Industrial Boulevard Colleyville, TX 76034 W: 817.421.2414 F: 817.416.8436 butchw@mvvardart.com TERM: December 2002 - 2004 EX-OFFICIO John Eubanks, GCISD President 7009 Lismore Court Colleyville, TX 76034 H: 817.481.3009 iohnteubanks@aol.com TERM: February 2004 - May 2005 Nov 16 04 04: 37~___ Jon Herd (817J 416-1832 p.2 l;ltr"f ((V,e-- Deli: ~ J,;.'..v --- l'lt:s.. Application for Appointment CITY SECRETARY'S OFFI E Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial D:sclosure and Business Contllct of Interest forms two (2) business days after the application deadline as advertised in the Public Notice. These forms are available 01'1 the City.s website at <htto:lI,^ww.collewillecomfboards/aDolication.aso> or by contacting the City Secretary at 617.503.1130 Ms. Mrs. Name: Herd, Jon ,., Mr. (Last) (First) Address: 7316 Balmoral Dr Colleyville, TX 76034 _Ho~~ T~hone: (817) 488-6373_ Work TelephonE!j214) 687-6202 C I affirmatively consent to the r~lease of my personal e-mail address by the City. (MI) Fax: Board, Commission or Committee Appointment Desire~~SH26 Advisory Committee Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) Santa Clara County, CA Paramedic Advisory Committee (1990~1995) 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) As a citizen of the City of Colleyville, I want to contribute to the advancement and well being of the city. I feel that I would make a positive and useful contribution to the city serving on the SH26 Advisory Committee. I work in the city as a Real ---------.--- Estate Agent and consistently drive SH26 I Do you ~nderstand that attendance and active support is required for each appointee? L- lyes _no Signatu~ "'1 \ l--Q Date. .-t!L1612004 Once the..ei'ty Council has filled a position, your application will be removed from the tHe and you must reapply for future openings. This intonnatlon will become it Public Record. City Secretary, 100 Main Street, Colleyvill., Texas 76034, Phone: 817.503.1130 Fax: 817.503.1139 ~UV-l~-~U~~ l~;l~ ~~ LUU1~ C MILLER DDS INC 817 656 5704 P.Ol .11', ~ - I. ,:e .... 0 [g~-'''-'~-- '15 _-n w@;~ ....---. NOV 1 6 2004 tment j CITYst7T! ARY'S j'J C:. 'ei::. oard of Adjustment fllet of Interest form" two (2) bWllneu ce These forms are availclbl. on ~e cr by conta<:ting the City Secretary at Application for Appoin Planning Bnd Zoning Comm!sslon and Zoning B IiIpplicanta are required to file Financial DISololur. Ind BUlin... Con daYlafter the application deadline a. ad'v.rtiHd In th, Public Notl City's webS'te at <httO:/lWWw.coHeVVille.COmlboard&liDRlication.aSR> 817,503.1130 Ms. Mrs, fl.1 / ~Mr. Name: _-1.1 / · III ~_ Af)f.), j (Last). . (Firat) Address: '7 BOt> r3 r.. / Im~11. H~ U C:f. . Ho~e__Telephone: B li-S7]..-Jr'i' Work Telephone: ~/7''Ifj: ~III ~fII':'!1.\lve1y _nt to the ..,.... of m)! p.rson.' .-mlll .dd.... br the City. E~mall Address: /h; Ilg~.!;; 1.I.:.t (2. $')u:5lo",,/ ,-u/ Fax: -.iJ.J "lr(; -~-'711 'I Board, Commission or Committee Appointment Desired: clw~ 2- (. A;,t",~..'f ~~,,; ~~./ 1,(.. Qualifications: (fist educational background or experience that would assist you in carrying out the duties of this appointment) r }S4 -rc.V G7 DDs VT.jJIj t7tf _~L~<c..-~ ,n~ 1f~1 '2.(, ~~ C~{l,v, III.. +- ~o'7Y" IV'- \'~<'~e.!r ~i' ] b 144-<- '/ ~ ,~*-- ' 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) --L-1!..~?- --\-evl.o:Yv v~.L-de~ ,...J hiM"'hdl'In'i."\ .'..... ~tJI"7vl.L~t. C!o~ ~~ 0- l~.-tJ-\-.~v~ \/.1"','01.' ~_~( CstJ~~/k ffS)vJ..J L<.. ; VI.~~ . I~~~""~ GlI...J. bt"'-. w'\::~c..l v~€....JJj -f-bt .~.r.'l.,;I t.t.._____ [OO_'1..ou unde - . d that altendltA'ce and active support Is required lor each appointee? I : ~yes _no Signature: _ Date: _ II / f' / (,) i~ I { Once the City Council has filled a position, your application will be removed from the fiie and you must reapply for future openings. Thll InformatIon will become a Public Record. CltyS9cret,ry, 1ooM.ln Strew, CoII.yvllle, rex.. 78034. Phone: 817.503.1130 Fax: 617.603.1139 C. (MI) .e ".-.",. Application for Appointment Plenning Ind Zoning CommllSion and ZOFling Bo~rd of A u .ppl.OWIt$ ~... required ., f118 Flnlllncial Dlaclosure end BUllness Conflict of I uSln dGys aftt1' the appbtion deadline as 8ct\tertiMd in the Public Notice. ThtM torT'!'lS en aV.I . n City's web&ite at ~tm:'/WWIN.ccll.vville.comIb9~aDpl~n.HD" or by COrltactlng the city Seeretary at R17.503.1130 Ms. ~. Name: J,/.,,/ke- .8'~.4 (LaItL J (F'irat) -) _ (MI) Address: I?~P ~~';',4;~/ 4'/~ t1J/~~ //-Pf~ ~, Home Telephone: 1'//- 1"/'" r<<?~ Wot1c TelE8)hone: /r?-- .,k',;..;',/" fi!('1 aM"".tively eanunt to tit. rele... of my ,.,..onl' .-man .dd~ by the ~~__ E-mail Address: dthAJV ~ #)")tM.JII? ,u.I. /"~ Fax: p/.?.. ~/-~.?/p _ Board, Commission or Committee Appointment Desired: s/ J~ ,..9ln.5~1't'" ~~;,p;..t. Quallficlltions: (li9t educe.ionsl background or experience that would anist you in canying out the duties of this appointment) _(IJP~^,,L .g,;"I ~/ AlAI; /r;~~ C#".- ,!~ ~&.o.J',. ~ ~.J PJ ~../ ,jJJ ~",~"d. LIlt&. .)~... ~A#g , :7 (J) 13.1/~nj/, A!~sd~ _ (jt> ~HcI iI-r? ~)&-S- ~~,.~ r;~~ .P'~ / A..aeone for SenAng: (state briefly tht:t contrbutior'ls you can makA to thiA litppointm&nt and your reasons for wanting to serve on the Board, Commission, or Committee) ~ .A' ,A'..r..;"~s ~~ ~ til''-~~r ,.~A~~~~.z ....-9"" ~~ ~~ :;I'~ ~'''''''AV~ ~ ~..,l~ ~ ~ h/Y~ ~~",..., ~~ ~~ ~ t1~. Do you understand that attendance and active support is required for each appointee? =:::1'es ~ no Signature: ,~",...... ~ ... Date:~/..r~_ Once the City Council has filled a position, your application will be removed from the file and you must reapplv for future openings. thlelnformation will become a Pubffc Rlcord. City S~,fltary, 100 Main Street. CoIIeWlI18, T-.a$ 7103". Phon.: '17. SD:J. 11.M ,..,,: '17.1503.113' NOV 17,2004 12:36 6175404459 Page 1 , ...."~!!r..!'~.~.... It,-O]e. i"." l \ iJ ' ,-'-.." '~...\. -.' 'rt'J.a'- Application for Appointment Planning and Zoning Commission ana Zoning Board of Adju$tme applicarts are required to file Final"lciai Disclosure and Business Conflict of interest f days after the application deadline as advertised in th& Public Notice These ferms vail City's website at -(httfJJIWYiw.~olley"ille,COrl,'OoardSlaDO'lcation.asp>..or by contacting the CI Y 817503,1130 I ~;~ Name Ii!hJ~ ~NZ --____L__ (last) ~ (t t) /': (MI) . Address: 5"'1c;z. ~?~ ~ c,~._...2~...._. '... ..!1Eme ,.~Iephone: ~LT S~ I c:1 stUD Work Telephone: ~t 1- ~s-:1-l ct.W . C I .mrm.U~.ly consont to the rele..lIS..", my I!!....o.~mail address by the ~ _i;-mail Address:.. ~~.l)Ck.TvQ..@~Jt\J Fax; ~_l1:_~.1C?_j.~ Board. Cqf!lmlssjon or CC!.~mitt~~ Appointment DeSired:.~.~yJ.'16~./)~ Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment~ '\ . ~ / /~2. d#1'''''~e;,~ .vFPi".(~,",- ~ ~~~ > 7h ~~..?~ :fI~~_... ~~#,,; ~~~~ ._ (/ Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting 10 serve on the Board, Commission, or Committee) . ~1t'#~..w~~/ -/~~..-;f.#~<<..y -eo- ~::&~~;~Y ?!i:.':-.~ b~ ~'l-...,. ~~- ....--.;~ ~ Do you understand th;;. all~,~ce and act~. support is f.;;uired for each appointee? l I _"._f._~~S .-::::-no __J Signature' ..~_ . Date,. _~ ~ _ .. Once the City Council has filled a position, your application will be ren'oved from tile file and you must reapply for future openings. J This Information will become a Public Record. City Secretary. 100 Main Street, Cofleyvi/Ie" Texas 76034, Phone: 817.503.1130 Fax: 817.503 1~~_ NO\l 30 04 08:178 Ch4!st4!r Epperson 9726189478 p.2 ~ .<1:) TN..' D'[;@@;DW~~ NOV 3 0 2004 - Application for Appointment CITY *~~~JARY'S Planning and Zoning Commission and Zoning Board of Adjustment applic-.ants are required to file Financial Disclosure and Business Conflict of Interest forms two (2) business daJ'l after the application deadline as advertised In the Public Notice. These forms are availaole on the City! websit. at <httD:llwww.collewille.comlboerdsiaoDlIcatbn.asD> or by contacting the City Secretary at 817.503.1130 Ms. ~~. Nama: CHRIST"'" ~i~<< BRA S (Last) (FIrst). (MI) Addre~ss: ?(). 3c.~___IS2"3 Co,-,-t:'fV.t.,L<;;. T;<' (~2i_______ Ce....1.. ~'* ~ Tel~hone: e~ ~7 '_ '"'3 -\"'2.. , "1 C\")~ Telepho~~::L:., i:l.. -, OO~ I ~lrm.tIYely consent to th~ release of my personal e-mail address by the City. E-mail Address: Fax: Cf 7~_~__~c:l. '"I "7 R Boarc, Commission or C~mmittee Appointment Desired: S"V:1"TE 4.......C 2..c;,. p.~'.Iy'';'r..'-i CVI"'fY\ . rT c;;"E Qualfficatrons: (list educational background or experience that would assist you in car~ng out the duties of this appointment) t.::.;)-.'''-_A>.'1'\~'..): '~J::>A - A~Q'-4';s IT~.;:.~ c1.. (..:.....~^"':O'L.r~T" -.--1:. 5. ... "?'u.. ~......c;; :>...\" (l""I')...,)! C"~~l.... 1\0\6'1"'\7) ~'{_f;~lo;.~,^,C.'" '. L<..;:. Go, :!IT\ ""So (':c:....:. '....I't,... ~-h~.r..-lo-}_ K"",q<...T....~c:= ( '-<;;:~~LS H, pi C.oIV 5.j L '"'f'oJ...JC-) Reasons for Serving: (state briefly the contributions you can make to this appointment and ~our reasons for wanting to serve on the Board, Commission, or Committee) '-.~~r...s~S' Fo:~ .s:~....wG-:- ~'\"""T"""1i:NT' '1"0 o'::'u.:l."""',", o..\:lr...~ I.NVa....vE:(J l~'" ,O.;;,~...."'\ 1'"--/...Q....l) G:-.... 'Ul..IG...n 7<.;) ""I-t~ PuTUP..E oC: <OI..I.~~ ~ ,'l..lrh'llC: P'lo{ IVV'W: /~P~tDn.Jr..",-II<';I-U.....J"'ICP~ l:~ ,'S"..Iep<::'ll.'T ACJ.,,/tS ~ r-- - f'V\'\. , I Do you undarstand that attendance and active support Is required for each appointe.? Lye8 _no Signature: .~~ .~ C~~- Date: It - 3 0.. C&...\ Once the City Council has filled a position, your application will be removed from the;j"B : and you must reapply for future openings. This iflformatlon will become a Public Record. City ~~ta'Y' 100 M~n Street COlleyvHte, Texas 76034, Phone: 817.503.1130 Fax: 817.503.1_139 -----~_._._-.._---_..__.------ ll/~U/~UU4 11:~D PAA ~14~jlUjfi7 HU JTl'-ZOl.LARS DALLAS 41 001 .~ "'0".- Application for Appoint Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms two (2) business days after the application deadline as advertised in the Public Notice. These forms are aval/able on the City's webslte at <httD:llwww.collewllle.comlboards/aoDllcation.asD> or by contacting the City Secretary at 817.503.1130 Ms. Mrs. Mr. Name: Edington Ronald (Last) (First) Address: 505 Sagebrush Colleyvllle, Tx. 76034 Home Telephone: 817-281-0110 J. (MI) Work Telephone: 214-871-3311 EYI~fflrmatlV8IY consent to the release of my persona' e-mail address by the City. E-mail Address:edington@hultt-zollars.com Fax: 214-871-0757 '__"'_'.'_~~_ '__.~H '_"_'__ Bo~rdL9"pmmission or Committee Appointment Desired: SH 26 Advisory Committee Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) I have a B.S. Degree in Geology and have 25 years of experience in oil and gas exploration and environmental consulting. Currently work as Vice President / Environmental for a large engineering consulting firm headquartered in the DFW area. Colleyvme resfdent for -16 years. Have worked closely with various muniCipalities and TxDOT in transportation planning and environmental document preparation and review. Experienced in all aspects of NEPA documentation including noise analysis, air quality, socioeconomic impacts, hazardous waste, public involvement. wetlands and waters impacts, water quality and land use evaluation. Specialize in integrating environmental planning concepts with commercial and residential development efforts to achieve a ~Ian~ of ideas and outcome. 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 can bring a high level of technical competence to the Committee and as a resident of Colleyvilfe, believe that our future is closely tied with the quality, content and style of . dev~!2P~ent along SH 26":___.__.._._..______~"_______ .__.__.____ ---J ---. 11,:)0/0-1 12:53 FAX 214 756 4729 CE~TEX HOMES RAWLI~S f{t 001 .IS 1'ez..,1 CITY SECRETARY'S OFFICE Application for Appointme Planning and Zoning Commiision and Zoning Board of Adjustment app'icant5 are required to file Financial Disclosure and Business Conflict of interest forms two (2) business days after the application d$ildline as 2ldvertisec in the Public Notice These forms are 2\1sIleble on ti'lEl City's website at <httD:liwww.COllevvillecomlboardS/application.asp> or by contacting the City Secretary at 817.503.1130 Ms. Mrs. Mr. Name: Rodriguez Richard A (Last) (First) (M!) Address: 1801 Cranbrook Dr S ___ ___ Hom~Jelephone: 817545-0080 Work Telephone: 214-981-6224 XD I afftrmatlvely consent to the release of my personal e-mail address by the ~~- ---'- E-mail Address: rarod2@aol.com Fax:214-981-6987 __Board. Commission or Committee Appointment Desired: ~T26 Advisory Board Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) B.S. US Naval Academy Mf!A Xavier University (currently VP Organl~atlonal Development, Centex Corp)~____ 10 years experience in Building/developing commercial. residential and recreational projects. A1s GM of a Arvida South Florida Operations (97-02) planned. managed and executed 5000 residential homes, over % million sq It of commercial and several large (100 acre +) recreational facilities. As a developer. worked with a City Commission that was extremely focuSE!.d on a~sthetlc opportunities to b~lng value ~o the properties. 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) Concerned resident of Colleyvllle that sees an unlimited potential for the RT 26 ..Jlassage and _adjacent properties. _______ Contributions include experience in taking City Commission's visions and translating them into actual plans for developers for a win/win on all accounts. .------------------- Do you understand that attendance and active support is required for each appointee? I -X- yes no Signature: ~ r. Oat..: 7.~<>J Or- P' , . Once the City Council has filled a position, your application will be removed from t~le file and you must reappiy for future openings. 1....1..'''-1/ ,"\1\,,-. 11...." rf'\^, "'J."tall_VIUI nl' III -- l.lJLLi\J<;:) 1I.'\1.Ll\;:) to you ;~rsland that attend- e... 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, 100 Main Street, Colleyvi/le, Texas 76034, Phone: 817.503.1130 Fax; 817.503.1139 ifLJUUl! .~ TexaS DEe Application for Appointment Planning and Zoning Commission and Zoning Board of Adjustmen applicants are required to file Financial Disclosure and Business Conflict of Interest forms days after the application deadline as advertised in the Public Notice. These forms are available on the City's website at <htto://www.collevville.com/boards/aoolication.aso> or by contacting the City Secretary at 817.503.1130 Ms. cMfS? Mr. Name: !la-MAt'll (Last) Addre~: (P:3 0 1. ~ d fA. blA r~ A- Home Telephone: 'i t ') - LJC( I - ~ g 3 ? ~t!/ r-c e.... J.... (First) ~rf'J<- ~, (MI) Work Telephone: /l /(>_ , I affirmatively consent to the release of my personal e-mail address by the City. E-mail Address: ax: Board, Commission or Committee A ointment Desired:-'j.I ;l. (p Co I't'\ fro. . Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) C<..J~ heel- k.S It AS a.~ ~ ct ril '(....J /h.ah~ S uJt..A k.. S H:;J.. AI \ f' ~~. Cv/~ J/llt! I J a.; #a.)J-.JIJ-J.'\SD- A.dIlA~ I'J\I't\., 1Jh\.. J...-U,'t/-L ,~ UJ/I~J//JL C,u-rd p_ C~u..h) dkeJ. WAJ:~~ -/.;;Y-~ JC1l'\oLJ~ I ~.J~/'-"'(J e/~ . 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) LulLf,-,'blL(...'^,- '. IA.UJ,' J....v.o t/fP{_A.."~ WIW~M'f/~ ~IP'<-; ?~w~ ~ J~iJ ttrJ Iyuf ~ f'1/JII'tr,'/It:: G.C. IN-,~ . g~f)'L, : '.h I #-...J. . 01 / ~ l/tJ J I IA.. _ Do you understand that attendance and active support is required for each appointee? ~yes no Signature: Date: j~ /7 / tJ 4 / , Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. This infonnation will become a Public Record. City Secretary, 100 Main Street, Colleyville, Texas 76034, Phone: 817.503.1130 Fax: 817.503.1139 :2/03/2004 14:59 8174211475 TEXWAV PAGE 01/01 c.!!.~ caen~ 1'e.._ DEe - 9 2004 Application for Appoint e CITY SECRETARY'S OFFICE Planning and Zoning CommiS6ion and Zoning Board Of Adjustment applicants are required to ilia Financial Di$dosure and Busin,ss Conflict of Interest forms two (2) business days after the application deadline as advertised Ir. the Public Notice. These forms are available on the City'. web8lt. at ~lb~2Q~yyjn~. com/boards/aoplicatiofl. aso> or by contacting the City Secretary at 817.503.1130 Ms. Mrs. M d ~ Mr Name: WaJ ~.:i.< ~-t'''''a.- -.J . (LaSt) (First) (MI) Addr~si; ~os. <loW: 1l~~~)r-1JlJ~'fV~ \~:T~. t-;bD31{ Home Telephone: <6\1'), ~SJ I LI ~\ g Work T~I!phone: <g.1'tJ. 1.1 g I . Ll~ I g I affinnatively C~...!!!!~.~O the .release of my personal e..mail address by the City. E-mail Address_ ~ llt7Fax: g, 1'7, lQ.). 14 ~r Board, Commiiiion Qr Commit!,ee Appointment Desj~ed: &1'-ts.:~~~'::"1f Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) ~Btl_ - -r2-~~ \~I7V\'tr}~S LA \1h1~~~ -~b ~<st-l~N~.~ ~~W":4~ i! ",; (l 'riD y JL -~fi-4~ ~ P-fcr>~ ~ .. R~sonsl.~;g:~tUt't~~~/ffie contnbut ns you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) r ~~~~~~ ~~~.al~J~2l'\S-{'tS af-~~~ 5H~~ .py~~",^ ~~ b (.4.S,~~< -ar-d. YS~k~~_ -P~~~..liLa .u ~ . w .~ )r~:t- l dtlou undelStsn that altllna}l'::e and active suppa t. requ a ~yes _no ~,g~turelVJ~tk:;~;vl A ~ . Dale'~}8kioo'-/_ 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 becom. . Public Record. CIIy Secrer.'Y, 100 _in Street. CoHeyville, Tex.. 78034. Phone: 817.503.1130~r: 117.503.1139 cceil~ Texas CITY SECRETARY'S OFFICE Application for Appointmen Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms two (2) business days after the application deadline as advertised in the Public Notice. These forms are available on the City's website at <htto://www.collevville.com/boards/aoolication.aso> or by contacting the City Secretary at 817.503.1130 Ms. Mrs. Mr. Address: \JCJ \ \ E R. KC~'EJZ, C (Last) (First) \\1J4 e~A\S'NOm" CT. \a\J. Home Telephone: 8 \7-5\4 -0\90 Work Telephone: .ca \1- X4fo-~7rYL I affirmatively consent to the release of my personal e-mail address by the City. (MI) Name: E-mail Address: Fax: Board, Commission or Committee A pointment Desired:' , Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) ~ "'"~ J';~~ ~ \__ ~\f. ,,& ~'5 ~A'" 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 Commi ee) Do you understand that attendance and active support is required for each appointee? ~ yes no Date: \~ /\0 J 04- f { 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, 100 Main Street, Colleyville, Texas 76034, Phone: 817.503.1130 Fax: 817.503.1139 ._. ~~/]_2~' 200L20: 23 81783153E,8 PAGE 01 city 01 co I'l~ l.L\ \:...1 DEe 1 3 2004 oMs. o Mrs. ..-p Mr. Name: HEDGCOTH (Last) Address: 6012 PONDEROSA DRIVE t'exul'o Application for Appo!ntm CITY SECRETARY'S OFFICE ERNEST (FIrst) (MI) Home Jelephone:817-48S.0170 Work Telephone:817 -831-7711 Email Address: Fax: 817-831-6368 Board, Commis'sio;, or ~ommittee ~pointm'ent Ue~ired.:.._. HIGHWAY 26 COMMITTEE Qualifications: (list educational background or experierice that would assist you in carrying out the duties of this 2\ppointment) I am a registered professional engineer and surveyor. I have a as in Civil Engineering. I have been in private practice since 1978 working with the various communities in northeast Tarrant County. (Fort Worth, Haltom City, Keller, Haslet, Watuaga, North Richland Hills, Richland Hills) and Colleyville. My understanding of the traffic engineering problems, obtaining the rights.of-wiJY, drainage provisiclns and reguirements will be valuable in determining and meet~~g the nee~s of Colleyvi'lle. Reasons for Serving: (state briefly the contributions y,)IJ can ma'ke to this appointment and your reasons for wanting to serve on the Board, CC1mmission, or Committe,~) I am interested in having Colieyville Blvd. developed i:C' benefit the citizens by providing beauty, efficiency, and enc:ouraging businesses to move into our City a:5 well as assisting the existing businesses to grgw and prosper __. __.__ Do you understand that attendance and active support :is required for each appointee? l _x_ yes n,:; .----.--....--- - - '_. - "'/ .l.t:..i ..:t.:t.H-+ o:.::~: ';:'.j til (':;1..:11 b..:Ibtl PAGE 02 --------- ~~l~atur~ ~~ Once the City Council has filled a position, your applicat;,m will be removed from the file and you must reapply for future openings. This info,,:natlon will become a Public Rtcord. elf)' Secretary P.O. Box 185, CoIleyvlUe, Texas 78034, Phone: B11.5n.1515 Fax: 817.57?T555 RESOLUTION R-04-2484 A RESOLUTION APPOINTING MEMBERS TO THE SH26 ADVISORY COMMITTEE WHEREAS, six positions on the SH26 Advisory Committee have expiring terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following persons are hereby appointed to the SH26 Advisory Committee for a two year term expiring December 2006: 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 (Qe~ AGENDA BRIEFING "rex,,:; MEETING DATE: i 12/21/04 ITEM #: I 12 RESOLUTION #:' R-04-2485 CITY MANAGER i DEPARTMENT HEAD I FINANCE REVIEW : NIA Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Consideration of appointments to the Parks and Recreation Advisory Board Reading and Public Hearing There are four (4) positions on the Parks and Recreation Advisory Board whose terms expire December 2004. The positions were advertised and applications accepted through December 10, 2004. The incumbents were notified that their term was expiring and asked to submit an application if they wished to be considered for reappointment. There are two (2) applicants whose names are listed below and their applications are attached. · Vince Rosen* . Jerry Birkes Interviews will be scheduled for the applicants with Council prior to the meeting. On the basis that there were four openings and two applicants, staff will extend the advertising period to January 6, 2004. *Incumbent Attachments: · Parks and Recreation Advisory Board roster · Applications for Appointment · Resolution R-04-2485 Parks and Recreation Advisory Board Meets First Monday of the Month at 7:00 p.m. at the Park Annex PLACE 1 Peter O'Brien 5509 Montclair Drive Colleyville, TX 76034 H: 817.355.9575 F: 817.283.3692 TERM: December 2002 - 2004 PLACE 4 - Chair Gil Turner 2403 Highland Drive Colleyville, TX 76034 W: 817.868.7000 H: 817.424.5305 TERM: December 2003 - 2005 PLACE 7 Chuck Thomas 6603 Charleston Drive Colleyville, TX 76034 W: 817.421.6451 H: 817.421.6451 TERM: December 2002 - 2004 LIAISON Elaine Dolan 1313 Crest Drive Colleyville, TX 76034 W: 817.571.9833 H: 817.281.8211 F: 817.685.8942 dola ne@ci.collevville.tx.us Revised 06/21/04 Director: Monica Sue Walsh Office: 817.503.1180 PLACE 2 Connie Hampton 5804 Pleasant Run Road Colleyville, TX 76034 H: 817.281.5965 conhampton1@yahoo.com TERM: December 2003 - 2005 PLACE 5 - Vice-Chair Chris Foy 4605 Mill View Drive Colleyville, TX 76034 W: 817.498.1646 H: 817.577.4107 F: 817.498.1646 TERM: December 2002 - 2004 PLACE 8 Peter Riis 6902 Upland Drive Colleyville, TX 76034 W: 817.352.6530 H: 817.329.5220 F: 817.421.6843 TERM: December 2003 - 2005 LIAISON Tom Hart 1717 Avondale Colleyville, TX 76034 W: 817.975.3671 H: 817.540.1171 F: 817.835.0392 hartt@ci.collevville.tx.us PLACE 3 Vince Rosen 1313 Chatsworth Court East Colleyville, TX 76034 W: 817.307.0563 H: 817.577.4862 F: 817.788.1767 TERM: December 2002 - 2004 PLACE 6 Bob Leininger 5406 Janet Lane Colleyville, TX 76034 W: 972.856.5771 H: 817.498.2030 F: 972.856.8366 TERM: December 2003 - 2005 GCISD LIAISON Nancy Coplen 4803 Queensbury Way East Colleyville, TX 76034 H: 817.545.5145 .~ l"exs8 Application for Appointme Planning and Zoning Commission and Zoning Board of Ms. Mrs. ';) _ / I / Mr. Name: f1 OSt:.N VI"'tE""' ("'qst) (First) Address: /3/3 ChA-=r5WCRTI+ er €Aar CO H~'J\\'\~ Home T ele hone: e J S 71 'I ~ ?." Work T ele hone: t /7 (MI) W 7'03Y: 3070g3 I affirmatively consent to the release of my personal e-mail address by the City. E-mail Address: v1tJl.6 @ 7?()>EN noM c, CoM Fax: f/l 7 KS J? ~ 7 Board, Commission or Committee A ointment Desired: r ~J Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) ~~- a,j.~, ~~ 8~A.U ~BAswtA.l\) EMlE 3~J ..~~..~C)~~_~ .. ~,",~~.Utt..~ t\-,.~ ~t.. M.~'1 ~~ ~T ~C~'C U,.h.,J 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) X ffAue. hl1 <. 10 \[OC~~ I UJO(4 I J L c.{k 4-- b ~ PAA.+ O"~.e ~d ~~ S-<',,(ll ~.(., C\.\.i.i2..R..4-t-- PAa\~~ ~g..,p(-L-J. ~~~~~ Signature: Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary, 100 Main Street, Colleyville, Texas 76034, Phone: 817.503.1130 Fax: 817.503.1139 .~ 'texas ~C~"'li: 0'@: DEe 1 0 2004 Application for Appointment CITY SECRETARY'S I Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms two (2) business days after the application deadline as advertised in the Public Notice. These forms are available on the City's website at <htto:/Iwww.collevville.com/boards/aoolication.aso> or by contacting the City Secretary at 817.503.1130 Ms. Mrs. /' ~ Name: B Ir ke s (Last) . Address: 1301 Ashford cc Home Telephone: 8/ 7 Jt.-q 8 73.3 i Work Telephone: 1'7 J. - ~ &""';J - / ~ 3' B Er-I affirmatively consent to the release of my personal e-mail address by the City. E-mail Address: ..J dl:){rKes. @ sh~5Ioha/, AJe + Fax:- Board, Commission or Committee A ointment Desired: Pa.rks .J- Rec. Jerrx (First) o (MI) Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) ('olleY{)ltle. S11v B6c:r-cl , Col/Q Vi tie 70~'11t1. BOdY) of- Ad '~SII?1PMi Cd/~ yvi I t V'v,+h r;~-I ha If 8o'lvd tJl D Ir~ tlrs 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) '~f2 y { h ~ r I ~rn p reI U e () C-f. r r 4' r" K '5 Do you understand that attendance and active support is required for each appointee? V yes _no Signature: Date: /:A - 9 - () '-/- , Once the . ouncil 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, 100 Main Street, Colleyville, Texas 76034, Phone: 817.503.1130 Fax: 817.503.1139 RESOLUTION R-04-2485 A RESOLUTION APPOINTING MEMBERS TO THE PARKS AND RECREATION ADVISORY BOARD WHEREAS, four positions on the Parks and Recreation Advisory Board have expiring terms; and WHEREAS, two applications were received. 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 the Parks and Recreation Advisory Board for a two-year term expiring December 2006: AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THIS AYES, DAY OF NAYS AND 2004. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor CITY COUNCIL (Q@~~ AGENDA BRIEFING fl'X<l,$ MEETING DATE: I 12/21/04 ITEM #: I 13 RESOLUTION #: I R-04-2486 CITY MANAGER : DEPARTMENT HEAD I FINANCE REVIEW : Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Consideration of appointments to the Tax Increment Financing District (TIF) Board of Directors Reading and Public Hearing As per TIF Resolution R-98-1, the Tax Increment Financing District (TIF) Board of Directors shall consist of nine (9) directors, five of whom shall be appointed by the City Council. The governing bodies of the Grapevine-Colleyville Independent School District (GCISD), Tarrant County, Tarrant County College and the Tarrant County Hospital District shall appoint one (1) member to the District. As per the TIF Bylaws, directors shall be appointed by the governing bodies and shall serve for two-year terms beginning on January 1, 2005 or until their successors are appointed by the respective governing bodies. Staff has notified the current TIF Directors and their respective governing bodies to request their appointment of a TIF representative to serve for a term beginning on January 1, 2005 and continuing until December 31,2006. The following persons currently serve as the TIF Directors for the City of Colleyville, whose terms expire December 31,2004. . Brad Rice . Joe Hocutt . Rich Hendler . Ret Stansberger . Ginny Tigue Recommendation Approval Attachments . Excerpts of the Tax Increment Financing District Bylaws . TIF Board of Directors' roster . Resolution R-04-2486 BYLAWS OF REINVESTMENT ZONE NUMBER ONE THE CITY OF COLLEYVILLE, TEXAS STATE HIGHWAY 26 AREA TAX INCREMENT FINANCING DISTRICT ARTICLE I POWERS AND PURPOSE Section 1. Financing Development or Redevelopment in the Zone. In order to implement the purposes for which Tax Increment Financing Reinvestment Zone Number One, City of COlleyville, Texas (the "Zone") was formed, as set forth in Ordinance No. 0-08-1124, dated November 4, 1998, creating the zone, the City of Colleyville, Texas (the "City") may issue obligations to finance all or part of the cost of implementing the "project plan" for the Zone as defined in the Tax Increment Financing Act of the Tax Code, Chapter 311, Vernon's Texas Codes Annotated (the "Act"). Section 2. Books and Records: Approval of Proarams and Financial Statements. The Board of Directors shall keep correct and complete books and recoras 0: account and snail also keep minutes of its proceedings and the proceedings of commIttees haVIng any of the authOrity of the Boare of Directors. All OOOKS and records of the Zone may be inspected by any director of his agent or attorney for any proper purpose at any reasonable time; and at all times the City Council and the Finance Director will have access to the books and records of the Zone. The City Council must approve all programs and expenditures for the Zone and annually review any financial statements of the Zone. ARTICLE II BOARD OF DIRECTORS Section 1. Powers. Number and Term of Office. The property and affairs of the Zone shall be managed and controlled by the City Council based on the recommendations of the Board of Directors of the Zone ("Board of Directors" or "Board"), subject to the restrictions imposed by law, the ordinance creating the Zone, and these Bylaws. It is the intention of the City Council that the Board of Directors shall function only in an advisory or study capacity with respect to the Zone and shall exercise only those powers, advisory in nature, which are either granted to the Board pursuant to the Act or delegated to the Board by the City Council. The Board of Directors shall consist of nine (9) directors: five (5) of whom shall be appointed by the City Council of the City; one (1) of whom shall be appointed by the governing body of the Grapevine-Colleyville Independent School District (GCISD); one (1) appointed by the governing bOdy of Tarrant County (County); one (1) appointed by the Tarrant County Hospital District; and (1) appointed by the Tarrant County Junior College District (Junior College District); provided however, that if a taxing unit (other EXHIBIT A R-98-1 than the City) waives its right to appoint a member to the Board, as evidenced by written resolution duly adopted by the governing body of such taxing unit, the City may appoint such Boardmember in its stead. The first BoSrd of Directors shall serve for an initial term ending December 31, 2000, or until his or her successor is appointed. Subsequent directors shall be appointed by the governing bodies of the City, GCISD, County, Hospital District, and Junior College District and shall serve for two (2) year terms beginning January 1, 2001 or until their successors are appointed by the respective governing bodies. Any director may be removed from office by the City Council; for cause deemed by the City Council as sufficient for their removal in the interest of the public, but only after a public hearing before the City Council on charges publicly made, if demanded by such Boardmember within 10 days of notification by the City Council that he or she is to be removed. In the event of a vacancy caused by the resignation, death, or removal for any reason, of a director, the governing body of the respective taxing unit (i.e. City, County, Hospital District, GCISD, Junior College District) which made such Board appointment shall be responsible for filling the vacancy. Section 2. Meetinas of Directors. The directors may hold their meetings within a public building in the City as the Board of Directors may from time to time determine. Section 3. Reoular Meetinas. RegUlar MeetIngs of the Board of Directors shall be held at such times and places as shall be designated, from time to time, by resolution of the Board of Directors. All meetings of the board shall be of a public nature unless pertaining to matters of land purchase, security, personnel, or strictly legal matters. Notice of all regular and special meetings of the Board and any committees thereof shall be posted in accordance with the provisions of the Texas Open Meetings Act, Article 6252-17, Vernon's Texas Civil Statutes. There shall be at least one Regular Meeting held each year in the month of July. Section 4. Special Meetinas. Special Meetings of the Board of Directors shall be held whenever called by the chairman, by the secretary, by a majority of the directors then in office or upon advice of or request by the City Council. The secretary shall give notice to each director of each Special Meeting in person, or by mail, courier, facsimile, telephone, or e-mail, at least twenty-four (24) hours before the meeting. Notice of all Special Meetings shall state the purpose, which shall be the only business, conducted. Section 5. Quorum. A majority of the directors holding current appointments shall constitute a quorum for the consideration of matters pertaining to the purposes of the Zone. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board of Directors, unless the act of a greater number is required by law. EXHIBIT A R-98-1 Tax Increment Finance District Board CHAIRMAN Brad Rice 2707 Meadowview Drive Colleyville, TX 76034 W: 817.336.2400 x289 H: 817.571.5353 F: 817.332.3043 brice@deckeriones.com TERM: December 2002 - 2004 VICE-CHAIRMAN Joe Hocutt 7703 Tillman Hill Road Colleyville, TX 76034 W: 817.410.4122 H: 817.577.2151 F: 817.410.4137 M: 214.803.4800 hocuttj@ci.collevville.tx.us TERM: December 2002 - 2004 Rich Hendler 2100 Highland Meadows Colleyville, TX 76034 W: 817.421.8165 H: 817.421.8164 F: 817.428.8966 M: 817.821.0005 hend lerr@ci.collevville.tx.us TERM: January 2004 - December 2004 City of Colleyville Ginny Tigue 4415 Meandering Way Colleyville, TX 76034 H: 817.267.5527 F: 817.540.1466 M: 817.233.1697 qtique@hotmail.com TERM: December 2002 - 2004 Ret Stansberger 3906 Magnolia Court Colleyville, TX 76034 W: 817.488.7148 H: 817.498.4055 ret@collevvillechamber.orq TERM: December 2002 - 2004 Tarrant County College Dr. Larry Darlage 828 Harwood Road Hurst, TX 76054 W: 817.515.6670 darlaqe@iuno.com TERM: December 2002 - 2004 Grapevine-Colleyville ISD John Eubanks, GCISD President 7009 Lismore Court Colleyville. TX 76034 H: 817.481.3009 johnteubanks@aol.com TERM: December 2002 - 2004 Tarrant County Hospital District Drenda Witt 1500 South Main Street Fort Worth, TX 76104 H: 817.927.1106 TERM: December 2002 - 2004 Tarrant County Jane Sanford 645 Grapevine Highway Hurst, TX 76054 W: 817.581.3600 isanford@tarrantcountv.com TERM: December 2002 - 2004 Re,';sed 11116/04 RESOLUTION R-04-2486 A RESOLUTION APPOINTING MEMBERS TO THE TAX INCREMENT FINANCING DISTRICT BOARD OF DIRECTORS WHEREAS, in accordance with Tax Increment Financing District By-Laws, the City Council shall appoint five members to serve two (2) year terms or until their successors are appointed by the respective governing bodies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following persons are hereby appointed to serve on the Tax I ncrement Financing District Board of Directors to serve a two-year term, beginning on January 1, 2005 and ending on December 31, 2006, or until their successors are appointed by the City Council. 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 (Q@'~~ AGENDA BRIEFING ll~:o.:,,$ MEETING DATE: ITEM#: RESOLUTION # : 12/21/04 14 R-04-2487 CITY MANAGER ! DEPARTMENT HEAD : FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Appointing a Tax Increment Financing District Board of Directors' Chairman Reading and Public Hearing As per the Tax Increment District Board By-Laws, Article III, Officers, Section I, Titles and Terms of Office, the City Council may, on an annual basis, appoint the chairman, whose term shall begin on January 1. A vacancy in the office of any officer, other than the chairman, shall be filled by a vote of a majority of the directors. Recommendation Approval Attachments . Excerpts of the Tax Increment Financing District Bylaws . Resolution R-04-2487 Section 6. Conduct of Business. At the meetings of the Board of Directors, matters pertaining to the purposes of the Zone shall be considered in such order as from time to time the Board of Directors may determine. At all meetings of the Board of Directors, the chairman shall preside and in the absence of the chairman, the vice chairman shall exercise the power of the chairman. The secretary of the' Board of Directors shall act as secretary of all meetings of the Board of Directors, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. City staff shall provide notice of meetings and prepare meeting agendas. Within five days following each Regular and Emergency Meeting, a copy of the minutes of the meeting shall be submitted to the City Secretary of the City. Section 7. Compensation of Directors. Directors as such shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. Section 8. Attendance. Board members shall make every effort to attend all Regular and Special meetings of the Board and/or Committees. The City Coun~il may replace a City appointee of the Board or request replacement of an appointee from other taxing jurisdictions for non-attendance. ARTICLE III OFFICERS Section 1. Titles and Term of Office. The officers of the Zone shall consist of a chairman, a vice chairman, a secretary, and such other officers as the Board of Directors may from time to time elect or appoint; provided however that the City Council may, on an annual basis, appoint the chairman whose term shall begin on January 1. One person may hold more than one office, except that the chairman shall not hold the office of secretary. Terms of office for officers, other than the chairman, shall not exceed two years. All officers, other than the chairman, shall be subject to removal from office, with or without cause, at any time by a vote of a majority of the entire Board of Directors. A vacancy in the office of any officer, other than the chairman, shall be filled by a vote of a majority of directors. Section 2. Powers and Duties of the Chairman. The chairman shall be the chief executive officer of the Board of Directors and, subject to the approval of the City Council, he/she shall be in general charge of the properties and affairs of the Zone and shall preside at all meetings of the Board of Directors. Section 3. Vice Chairman. The vice chairman shall be a member of the Board of Directors, shall have such powers and duties as may be assigned to him by the Board of Directors and shall exercise the powers and duties as may be assigned to him by the EXHIBIT A R-98-1 RESOLUTION R-04-2487 A RESOLUTION APPOINTING A TAX INCREMENT FINANCING DISTRICT BOARD OF DIRECTORS' CHAIRMAN WHEREAS, in accordance with Tax Increment Financing District By-Laws, the City Council may appoint the Chairman whose term shall begin on January 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT is hereby appointed to serve as Chairman of the Tax Increment Financing District Board of Directors with a term expiring December 31,2005. 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 (Q~~~ AGENDA BRIEFING il~X":' MEETING DATE: ITEM#: RESOLUTION # : 12/21/04 15 R-04-2488 CITY MANAGER ! DEPARTMENT HEAD I ~ FINANCE REVIEW i N.A. DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Request by Congregation Beth Israel to move a portable building to property located at 6100 Pleasant Run Road, Case G-04-024 Previous Action: None Reading and Public Hearing Congregation Beth Israel has submitted a request to move a portable building onto the church property at 6100 Pleasant Run Road. The buildings would be used for office and classroom space at the church. A site plan showing the location of the building is attached. The building is 648 square feet in area and will be located at the rear of the main building. There are no other portable buildings on the site. The building would be located approximately 45 feet from the side property line on the north and over 200 feet from the rear property line. The approved landscape plan for the project indicates that the area adjacent to the north property line will contain a landscaped greenbelt. The greenbelt includes evergreen shrubs planted in such a way to provide a solid screen. Notice of the public hearing was sent to 19 adjacent property owners. Staff received two letters regarding this request, and copies of the letters are attached. Previous requests for similar portable buildings in other areas have been approved for one year periods. At the end of the one year period, the property owner may request an extension of time for the building. At the November 3,2004 meeting, the City Council denied the request for the temporary building. The applicant was not in attendance at the meeting to address questions raised during the public hearing. One person spoke in opposition to the size of the building. The applicant has submitted a new application for the temporary building. Recommendation Approval Agenda Briefing Resolution R-04-2488 Page 2 of 2 Attachments · Location map · Site Plan . Application Form . List of Property Owners Notified . Correspondence . Resolution R-04-2488 ----------.----------.'.- . Location Map J \ l ~,= ::UC ~.", 1:::L.c,~,' : ,- b- I%~ .l~ I V/ Mt-yfE~ ~" ~:8Sis~ v ~ '~~v ~~~~~ \ ~ ._" jf j ~~. ;"L L^") ~ ~~- / / 1~ R 1 bAA"I //1 -~ m e-j '! j~i::--;::::l;::;J~ -' I ~~\. ,_ Il',~ 1 I l ,'~:?~ I I I I I I CB \ \1 \ r---- <,-r:.s';;"" ~"7 L - , - ~ 1 I -, .../ "i.It;;rl,,~, II r" ~ --t1HJ~;": fl I . I II W '. ... ; I f----\ T '0 1 t--- " ~ L ~. Site Plan 12' x 54' portable building , __~N"',___ ~--r--------- , . C)~~I~ 1.~ffNH~H ;...OT i BLOCK! CONf~REc;AT!ON eE'r\..; ,SRAEl_ ,r:~r.:>D~PGN COLL..E"r"'/ILLE, TEx,4,f, L.-- TO THE CITY SECRETARY, CITY OF COLLEYVILLE, TX: \;\ c_-", UD !;J~ (, LC;") /llJ ,\ .[1.. APPLICATION FOR PERMIT RECE\VED TO MOVE A BUILDING OR STRUCTURE INTO THE CI1~~-_.. . S E P 2, 8 L004 , Per ...1~....NAME: Lo,J ~c (nIt-~ Ii) rJ "& t-TJI I5,2.It.t <- ADDRESS: ? 0 /3 0 X 3 t:t 7 C ~ II e Y LJ; /1 t< -r(, 1 (; 0 '3 '-I PHONE NO. : <0 ( 1 - 1.. 11 - t11..- s-S- - 2. Whether the building or structure is: (a) To be moved into the corporate limits of Colleyville from outside its corporate limits, or (b) To be moved from one location within the corporate limits of Colleyville to another location within its corporate limits. ;r~ 3. Description and size of the house, building or structure to be moved (together with a picture thereof): \1.' ~s.~ I ; , 1\\ -1\ .1 4. Legal description of the lot and the r r . or structure is to be moved or relocat (blOc:, ?{L~St:" + i".-.!> T I J Lo c Ie.. I ~a~ 5. A drawing or plot plan showing the dimensions of the lot or tract of land upon which the house, building or structure is to be moved or relocated, and the location of existing buildings or structures upon the lot, if any, together with the location of existing buildings or structures upon adjoining lots. . ._-~---,.'_. '"-_.,-----~-_.._.,-_._--_.._'--- l 3 APPLICA nON FOR PERMIT CITY OF COLLEYVILLE, TEXAS Page 2 NOTE: My of the above information may be furnished by exhibits attached hereto, and marked exhibit · A., as" I ae., etc. I am either the owner or authorized to pay the required fee ($15.00) and make this application on behalf of the owner of the property sought to be moved. The payment of the required fee and the filing of this application for permit are to comply with the provisions of Sec. 18-33. Moving of buildings. of City Ceide, City of Colleyviffe, TX. C; i /'21 Date of Filing: _ Signed: ~A/Y L-,c~ (Applicant) III 7 - Y ~ J.. ~ 9 (. f 7 . ..., "2c;()tf jMtr/move RECEIVED SEP 2 8 Lu04 Per .9.!r:.. ...... G-04-024 Stowe, E W 6014 Pleasant Run Rd Colleyville TX 76034 Allen, C L 704 Shelton Dr Colleyville TX 76034 Allen, Cecil L etux Rebecca 307 Main Rd # A Ruidoso NM 88345 Huggins, Charles & Ann Huggins PO Box 575 Colleyville TX 76034 Stowe, Ellie P 6014 Pleasant Run Rd Colleyville TX 76034 Wilmut, Nadine M Est Attn: C Calloway PO Box 1387 Old Fort NC 28762 Pleasant Run Baptist Church PO Box 95 Colleyville TX 76034 Cook, G G Mrs 6105 Pleasant Run Rd Colleyville TX 76034 Morrison, Helen C 9026 Brittany Hill Rd Sanger TX 76266 Day, James B 805 Shelton Dr Colleyville TX 76034 Johnson, Norman D Est 801 Shelton Dr Colleyville TX 76034 Gable,Stephan Jr & M Poblenz 705 Shelton Dr Colleyville TX 76034 Gardner, Madelyn E 701 Shelton Dr Colleyville TX 76034 Kerlee, Twyla 800 Shelton Dr Colleyville TX 76034 Walker, Ronnie D etux Donna 804 Shelton Dr Colleyville TX 76034 Allen, Jerry E 5917 Hunter Ln Colleyville TX 76034 Workman, Teri L 6001 Hunter Ln Colleyville TX 76034 Willis, Scott A & Mary D 6114 Pleasant Run Rd Colleyville TX 76034 Mahomed, Asifali etux Samia D 6204 Pleasant Run Rd Colleyville TX 76034 Notices dated December 8, 2004. According to the last published tax rolls, individuals who own property that is within 300 feet of the proposed request are listed above. I certify that the partie listed above have been notified of the proposed request as required by the Colleyville Code of Ordinances. Amy Shelley, Planning & Zoning Assistant Page 1 of 1 Clayton Husband From: Clayton Husband Sent: Monday, November 01,20048.32 am To: 'Ronnie Walker' Subject: RE: G-04-024 Portable building placement Mr. Walker, Thank you for your comments. The portable building is similar to the ones used at some of the schools in the area, though smaller in size. The past few buildings that the Council has approved included time limits of one year, which means the building must be removed from the site or the owner has to request an extension of time. If you are interested, there is a complete set of plans for the building available for review in our offices. J. Clayton Husband AICP Development Coordinator City of Colleyville, Texas 817.503.1054 office 817.503.1059 fax -----Original Message----- From: Ronnie Walker [mailto:ronnie.walker@sbcglobal.net] Sent: Saturday, October 30, 20046.54 pm To: Clayton Husband Subject: G-04-024 Portable building placement I was surprised to get a notification regarding this request to set a portable building, after all, we didn't receive any notification regarding the permanent development.(Religious development-OK) I am generally OK with both the construction of the Sanctuary and the idea of placing a portable building per the request, although I do wonder-" what does portable really mean?" It doesn't mean temporary- 1 or 2 years, it doesn't mean more than 1 story, it doesn't mean portable like hope the wind don't blow hard, and for sure it doesn't mean here today, there tomorrow. But I wonder... Thanks Ronnie Walker 804 Shelton Colleyville 8174853803 11/24/2004 Clayton Husband From: Sent: To: Subject: Clayton Husband Monday, November 01,2004 1.29 pm 'Willis, Mary E' RE: CASE NUMBER G-04--024 Ms. Willis, I'm not aware of the drainage ditch issue, but the landscape buffer would take up the first 20 feet of the property. This means they are not allowed to use the area for parking, buildings, etc. Part of the buffer would contain the shrubs; the rest would be open area or could include other landscaping. J. Clayton Husband AICP Development Coordinator City of Colleyville, Texas 817.503.1054 office 817.503.1059 fax ---Original Message- From: Willis, Mary E [mailto:mary.willis@eds.com] Sent: Monday, November 01, 2004 12.54 pm To: Clayton Husband Subject: RE: CASE NUMBER G-04-024 Mr. Husband, Thank you for your response. Are you saying that they have to install a landscape buffer 20 feet from the property line? If so, what happens to the drainage ditch and the maintenance of the shrubbery from the property line to the landscape buffer. I am assuming since the ditch is on their side of the property line they will maintain it. Mary Willis --Original Message- From: Clayton Husband [mailto:HusbandC@ci.colleyville.tx.us] Sent: Monday, November 01, 2004 10:40 AM To: Willis, Mary E Subject: RE: CASE NUMBER G-04-024 Ms. Willis, I checked the approved landscape plan for the site. It shows that they will install the required 20-foot wide landscape buffer, with shrubs planted every 6 feet. The plan does not show the construction of a new fence. Please contact me if you have any other questions. J. Clayton Husband AICP Development Coordinator City of Colleyville, Texas 817.503.1054 office 817.503.1059fax ---Original Message- From: Willis, Mary E [mailto:mary.willis@eds.com] Sent: Thursday, October 28,20049.37 am To: Clayton Husband 1 Subject: CASE NUMBER G-04-024 Mr. Husband, I reside at 6114 Pleasant Run and have received notice of the request of Congregation Beth Israel to place a portable building on the church property. I have reviewed the site plan and before I share my comments I wanted to confirm if the plans included a privacy fence on the north side of the property. It was difficult to read the blue pri nt. Sincerely, Mary Willis 2 RESOLUTION R-04-2488 A RESOLUTION APPROVING A REQUEST BY CONGREGATION BETH ISRAEL TO MOVE A PORTABLE BUILDING TO THE CHURCH PROPERTY WHEREAS, Congregation Beth Israel has requested a permit to move a portable building for offices and classrooms to the church property; and WHEREAS, the City Council held a public hearing on the request and received comments from all persons wishing to speak on the request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request of Congregation Beth Israel for a permit to place one (1) portable building for offices and classrooms on the church property, located at 6100 Pleasant Run Road, is hereby approved for the period of one (1) year. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS AND 2004. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES October 11, 2004 I. CALL TO ORDER - Chair Pat Jones called the meeting of the Colleyville Public Library Board to order at 7:03 p.m. ROLL CALL - Members present: Pat Jones, Karen Birkes, Nancy Eytcheson, Susan Potter, Richard Roxburgh, Bonnie Carroll and Carol Wollin Alternates present: Dennis Healy Alternates absent: Angie Guthrie-Madison Ex-Officio Members present: John Eubanks and Ginny Tigue Ex-Officio Members absent: Mayor Joe Hocutt, Dr. Larry Darlage, Ret Stansburger and Steve Banta Council Liaison Present: Jon Ayers Staff present: Mary Rodne, John Schanot and Dixie Cawthorne II. Approval of September 13, 2004 Minutes - A motion was made by Bonnie Carroll and seconded by Karen Birkes to approve the September 13, 2004 minutes. Motion approved unanimously. III. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Rodne distributed Colleyville Public Library Usage Statistics through September 2004, for review and discussion. In September, patrons checked out 9,756 items, 214 Colleyville residents registered for Library cards, library patron visits totaled 5,882 and attendance for September programs totaled 192. Rodne also reported that the Library's first fiscal year had ended on September 30, 2004, and noted that the usage had exceeded projections. During Fiscal Year 2003 -2004, patrons checked out 102,165 items, 6,630 Colleyville residents had registered for Library cards, library patron visits totaled 73, 576 and attendance for programs totaled 9,185. VII. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT Ginny Tigue gave an update on the fund raiser mailer and reported that plans were progressing on the Library's First Birthday Party, a fundraiser with a book theme, set for November 13, 2004, on the second floor of the Library. VIII. SUGGESTED ITEMS FOR FUTURE MEETINGS IX. CITIZEN COMMENTS None X. ADJOURN: A motion was made by Bonnie Carroll and seconded by Richard Roxburgh to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 8:30 PM. Minutes of the Colleyville Citizen's Charter Review Committee 7:00 p.m December 2,2004 City Hall 100 Main Street City Manager's Conference Room (Third Floor) Roll Call: Chairperson Moore called the meeting to order at 7:04 p.m. Members present were Jim Moore, Ed Baker, Linda Bond, Steve Magee, Louis Miller, Richard Newton, Brad Rice, Mike Taylor. Also in attendance was City Manager Bill Lindley I. Call to Order. Chairperson Moore called the meeting to order at 7:04 p.m. II. Appointment of a Colleyville Citizen's Charter Review Committee Chairperson. Richard Newton moved to appoint Jim Moore as Chairperson which was seconded by Louis Miller. The motion was approved unanimously by the members present. III. Discussion of selecting dates and times of future meetings. The consensus of the members present was to hold Committee meetings each Wednesday starting at 7:00 p.m. to be held in the City Manager Conference Room at City Hall. It was determined though to not conduct a Committee meeting on December 22, 2004. IV. Review and discussion of possible modifications of the Colleyville City Charter. The Committee generally talked about the approach to reviewing the City Charter. Following discussion, it was the consensus of the Committee members to review the City Charter "page by page" to ensure all items were addressed in a sequential order. The members present commented on looking at area City Charters as a guide for possible modifications to the Colleyville document with South lake being noted as a good one to work from. Two main topics for City Charter discussion involved tenure and number of elected officials and veto authority of the Mayor. At the request of Committee members, a list was circulated for email addresses for members to be used for contact. Committee members requested the following information to be provided at the next meeting: - Table of Contents for other City Charters - Survey of Tarrant County cities for City Charter provision for veto _ Advise from the City Attorney on legislation that may have an impact on the City Charter. - Copy of the previous City Charter election ballot Colleyville Citizen's Charter Review Committee December 2, 2004 V. Discussion of items to be placed on the next agenda There were no items requested to be placed on the next agenda. VI. Adjournment There being no further business before the Committee, Linda Bond moved to adjourn. Member Taylor seconded the motion. Chairperson Moore declared the meeting adjourned at 8:22 p.m. Minutes taken and prepared by: Bill Lindley City Manager MINUTES OF THE COLLEYVILLE CITIZEN'S CITY CHARTER REVIEW COMMITTEE DECEMBER 8, 2004 I. Call to Order Chair Jim Moore called the meeting to order on December 8, 2004 at 7:05 p.m. ROLL CALL: Chair Jim Moore, Ed Baker, Linda Bond, Steve Magee, Brad Rice, Mike Taylor, Frank Whitmire, City Manager Bill Lindley, Financial Analyst Kacey Bess II. Review and discussion of possible modifications of the Colleyville City Charter Committee requested information on voting privileges of Mayors in peer cities. Steve Magee moved to approve minutes for the December 1, 2004 meeting and was seconded by Ed Baker. Approved unanimously. Committee reviewed the Charter Preamble and Articles I and II. Chairman Moore suggested that for future committee meetings, members type up suggested changes and bring copies to the meeting for review. Committee agreed to send revisions to the City Attorney following each meeting for legal review. Specifically requested information on current annexation laws and procedures, and review of whether State laws referenced in current Charter are still valid. Steve Magee agreed to review Section 2.03 and draft proposed revisions for the next meeting. Regarding Section 2.04, committee members expressed interest in adding language regarding utility line relocations. City Manager Bill Lindley mentioned legislation may be introduced during upcoming Legislative Session regarding responsibilities for funding utility line relocations. City Manager Lindley will consult with the City's utility counsel regarding suggested charter language. III. Discussion of items to be placed on the next agenda For next Charter Review Committee meeting, the Committee agreed to skip Article III and begin with review of Article IV. IV. Adjournment Chair Jim Moore adjourned the meeting at 8:59 p.m. RESOLUTION R-04-2489 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF DECEMBER 21, 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