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HomeMy WebLinkAboutCity Council-Agenda Packets-11/1/2005 city Of (6 CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET NOVEMBER 1, 2005 5:30 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Presentation of the Wellness Program for the Fire Department PC-2. Update of the Workforce Development Sustainability mid-project update PC-3. Discussion of appointing a citizen committee to review and develop a street Capital Improvement Project (CIP) PC-4. Discussion of the November 1, 2005, 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 Property Acquisition Sec. 551.072 - 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.087 - Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS INVOCATION: Lucia Trammel, First United Methodist Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. OATH OF OFFICE - MAYOR FOR A DAY EXECUTIVE SESSION: 3. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2614 4. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUE - In recognition of service on the Traffic Safety Advisory Committee - Brian Leding and Steven Knight PROCLAMATION - In recognition of St, Vincent's Cathedral School - Mrs. Sharon Mayes, Upper School Head PROCLAMATION - In recognition of Mayor for a Day Kathryn Cotton PRESENTATION - In recognition of City of Colleyville business JR's Fine Dining - Johnny Ragland PROCLAMATION - In recognition of Municipal Court Week - October 31-November 4, 2005 - Municipal Court Judge Jim Ames and Municipal Court Administrator Karen Randolph CONSENT: 5. READING AND PUBLIC HEARING - Resolution R-05-2615 - Consent Items: a. Approval of minutes of the regular City Council meeting of October 18, 2005 b. Approval of minutes of the Joint City Council and Planning and Zoning Commission worksession of October 17, 2005 c. Approval of the Colleyville Garden project for Sparger Park Veterans' Memorial d. Approval of the disposal of surplus and obsolete vehicles, equipment and computers e. Approval of the project ranking for the Tarrant County Bond Election f. Approval of the purchase of computers for the annual computer replacement program g. Approval of establishing the official population of the City of Colleyville at 21,000 for the purpose of requesting that TxDOT change the city limit signs on SH26 to reflect the current estimated population PUBLIC HEARINGS: 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1551 _ Approval of a Zoning Change from CN to R20 on 1.31 acres on Tract A, Block 1, located at 413 Timberline Drive South, Case Z-05-024 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1552 _ Approval of a Zoning Change from AG to R15 on 0.76 acres out of the Harrell Hughes Survey located at 1512 McCain Lane, Case Z-05-025 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1553 - Approval of a Special Use Permit to allow horses on Lot 29, Block 4 of the Western Trails Addition, located at 500 Wagonwheel Court, Case Z-05-028 9. READING AND PUBLIC HEARING - Resolution R-05-2616 - Approval to change the date of the second regular City Council meeting in December 2005 CITIZEN COMMENTS: 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 11. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 1, 2005 - Reading and Public Hearing - Resolution R-05-2617 ADJOURNMENT 12. ADJOURNMENT ~ 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 city O{ CCe", AGENDA BRIEFING It..~~"~ MEETING DATE: ITEM # : 11/01/05 PC-1 CITY MANAGER i DEPARTMENT HEAD I FINANCE REVIEW Previous Action: None DEPARTMENT: FIRE SUBJECT : Presentation of the Wellness Program for the Fire Department The Texas Commission on Fire Protection (TCFP) is in the process of mandating fitness requirements for firefighters. Over the last several years, there has been a growing trend in the fire service to assure that our firefighters are physically fit for the arduous work they perform at structure fires. The Training/EMS Officer, Battalion Chief Russell Shelley, has researched both the future mandate by the TCFP and the trends regarding firefighter fitness. He received counsel and direction from Human Resources, the City Attorney, and Texas Municipal League (TML) regarding a fitness program for the Fire Department. The program will be designed to conform to all of the requirements of the TCFP. PRE COUNCIL cc@m", AGENDA BRIEFING "'c.'x.,::;' i 11/01/05 ~ MEETING DATE: I CITY MANAGER ITEM#: ! PC-2 DEPARTMENT HEAD i i FINANCE REVIEW N/A i ! Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT: Update of the Workforce Development Sustainability mid-project update The purpose of this item is to provide a mid-project update of the Workforce Development Sustainability Plan from Public Sector Personnel Consultants and the Mejorando Group. PRE COUNCIL cc~n", AGENDA BRIEFING It.'X''::;' MEETING DATE: ITEM#: 11/01/05 CITY MANAGER i PC-3 DEPARTMENT HEAD i FINANCE REVIEW . Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT: Discussion of appointing a citizen committee to review and develop a street Capital Improvement Plan (CIP) During the 2006 Budget Worksession, the City Council identified an interest to appoint a citizen based committee to explore developing a street Capital Improvement Plan (CIP) for capital street improvements. Staff recommends that the committee be charged with also developing a financing plan based on the prioritization of projects. This Pre Council agenda item provides an opportunity for the City Council to begin the discussions on forming this committee and defining its goals and purpose. This work effort is in support of the 2006 Work Plan goal of improving streets within the City. The number of individuals serving on the committee is less critical then the credibility and background of the members. However, it is suggested that the committee have seven to thirteen members. Since the committee is singularly focused on developing only a proposed street CIP, a larger committee is not needed. In considering the committee membership, the City Council will want to consider members with a broad background related to developing a proposed street capital plan. To achieve this, it is recommended that the City Council consider among other background/profiles for membership: Banking/finance Business person Citizen Civil engineering Developer/Broker Former elected official General street contractor HOA representative Planning & Zoning Commissioner Urban planning/public administration In moving forward with this initiative, a supporting element missing will be the absence of a permanent Director of Public Works. Recognizing the attention given by the City Council, it is recommended that the City Council proceed at least with discussing the formation of the committee, identifying the work assignments and developing the background/profile of members. It is anticipated that the Director position will be filled by January. Based on allowing adequate opportunity for the City Council to consider the various elements into forming the committee, and adjusting for the holidays, an item can be scheduled for the January 3, 2006 City Council meeting for committee appointment. PC-3 Briefing Page 2 of 2 As part of the overall discussion, the City Council will need to begin a discussion on how the report will be used and action plan/calendar for implementation. Staff recommendation is that following the submittal of the report, the City Council engage in a series of community meetings and other avenues to ascertain the interests of the public in formalizing a street CIP and corresponding financing plan. Included with the briefing material is the presentation to be used at the November 1, 2005, Pre City Council meeting. In addition, a draft resolution is provided for the appointment of the committee. Staff recommendation is for the City Council to select the appointment of members to this committee similar to the process for the Citizen's Charter Review Committee by identifying members to ensure the appropriate backgrounds and familiarity of issues anticipated to be addressed by the committee. Attachments · Developing a Citizen Based Plan - PowerPoint · Draft Resolution RESOLUTION R-05-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, ESTABLISHING AND APPOINTING A TEMPORARY STREET CAPITAL IMPROVEMENT (CIP) COMMITTEE, IDENTIFYING THE GOALS OF THE COMMITTEE, ESTABLISHING A DATE FOR THE REPORT SUBMITTAL ,AND DECLARING AN EFFECTIVE DATE WHEREAS, the City Council wishes to establish a temporary Citizen Street Capital Improvement (CIP) Committee to evaluate and prioritize transportation infrastructure needs and identify possible funding by allocation of available cash balance and or through the issuance of long term debt; and WHEREAS, the City Council desires the temporary Committee to consist of a broad representation of citizens from all areas of the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. THAT a temporary Citizen Street Capital Improvement (CIP) Committee is established and composed of City of Colleyville residents. THAT the Colleyville City Council hereby appoints the following persons to the Citizen Street Capital Improvement (CIP) Committee: THAT is appointed as a temporary Chair to convene the first meeting at which time a permanent Chair will be selected by the Committee members. THAT the Committee shall plan to issue a final report to the City Council by 2005 and upon issuance of the final report, the work of the Committee shall be completed and the terms of the committee members shall be concluded. THAT the City Manager and or his designee shall provide administrative support services to the temporary Street Capital Improvement Committee. THAT the Committee shall use its best efforts to issue a final report to the City Council by 200_ and upon issuance of the final report, the work of the Committee will be completed and the terms of the Committee members will be concluded. Sec. 7. Sec. 8. Sec. 9. Resolution R-05-XXXX Page 2 of 2 THAT the Committee responsibilities will include, but are not limited to the: 1. Promotion of the active involvement of the general citizenry through the use of, but not limited to focus groups, town hall meetings and surveys. 2. Review of streets and thoroughfares in need of reconstruction within the next ten years with the prioritization of proposed projects. 3. Evaluation of alternative traffic calming techniques such as traffic circles for enhancement to traffic management. 4. Identification of projects requiring asphalt or concrete reconstruction and corresponding costs including right-of-way, engineering and construction. 5. Identification of project betterments including sidewalks and trails along with landscaping amenities. 6. Development of funding opportunities with consideration to pay as you go, utilization of current cash and/or debt financing THAT the Committee will have as its purpose the prioritization of the needs of the Colleyville community with respect to capital improvement projects funded by allocation of available cash balance and or the issuance of general obligation bonds and repaid through ad valorem taxes. THAT this resolution is in effect immediately from and after its adoption. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THIS THE ATTEST: AYES, DAY OF NAYS AND 2005. CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor c:::--J 2006 Work Plan Streets Capital Planning !iJW. Enhance the maintenance and reconstruction of city roads and streets. Pre City Council lovem.erUl15 Objective: Oevelop a five year street plan identifying funding require- ments for both preventive maintenance and reconstruction needs for neighborhood streets and thoroughfares and scheduling of intersections. Funding opportunities include, among others, available Fund Balance cash, fees, capital bond financing and new fees or taxes. The plan will provide focused attention to street improvement opportunities for 2006. CIUlen based 10lUa.llve Proposed Process During the 2006 budget worksessions, the City Council identified a goal of organizing a citizen based committee to review potential projects for capital street improvements to address both thoroughfares and residential streets. . Receive Committee Report . Obtain community input ..-.o<~ ~~C ...",~ ,,--" :-- -q- Debt Financing ~ Cash financing . Receive community input . Develop lis. o' street proi-ets . Propose funding optiON! I - . Sel<<t Projects and Funding Phm Public Input Committee Composition Scope of the Committee [J Seven to thirteen members [J Be broad-based within the community, including as example . Citizen . Former elected official . Business representative . HOA representative . Civil engineer . Urban planner . Developer/Broker . Planning. Zoning Commissioner . General street contractor [J Have immediate credibility c Council determine date the report is due c Committee budget (engineering, surveying, etc.) C Aspects of the study . Prepare summary only or recommend specific streets/funding . Include trails.. sidewalks . Consider any traffic calming techniques (i.e. traffic circles) . Should any hard-soft landscaping be considered . Look at only streets and or intersections . Evaluate any Best Practices of other cities for project financing . Use citizen surveying to gauge attitudes and support C Evaluate financing options . Pay as you go, . Debt financing, and or . Current cash 1 Public InvolvelDent o Town Hall meetings . Geographic areas, or . Community wide o Special focus group meetings . HOA representatives . Realtors and brokers . Citizen volunteers o Telephone surveying Elements undertaken by both the Committee and Council How do we DeUbere o Determine to move forward at this time o Appoint Committee by December o Committee completes work o Council accepts report o Call for election and or initiate funding within allowable limits by Council Work Plan o Initial joint meeting with Council o Committee work . Community input meetings . Evaluate possible projects . Determine financing capabilities . Select projects within funding availability . Community input on projects and financing o Present summary findings to Council o Council conduct community meetings DlrecUon , Questions \-~=======arrtd Answers ~- 2 PRE COUNCIL cc@n", AGENDA BRIEFING ,("x,,$ MEETING DATE: ITEM#: 11/01/05 PC-4 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the November 1, 2005, City Council regular agenda items This item provides the opportunity for the City Council to discuss the regular City Council agenda items. CITY COUNCIL cc~'" AGENDA BRIEFING lC'xn$ MEETING DATE: i ITEM#: ! 11/01/05 1 CITY MANAGER DEPARTMENT HEAD ' FINANCE REVIEW iN/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Property Acquisition Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations Sec. 551.072 - Sec. 551.087 - RESOLUTION R-05-2614 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 1, 2005 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF _ AYES, NAYS AND ABSTENTIONS. 2005, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor CITY COUNCIL cce", AGENDA BRIEFING T("x~$ MEETING DATE: ITEM#: 11/01/05 4 FINANCE REVIEW IN/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUE - In recognition of service on the Traffic Safety Advisory Committee - Brian Leding and Steven Knight PROCLAMATION - In recognition of St. Vincent's Cathedral School - Mrs. Sharon Mayes, Upper School Head PROCLAMATION - In recognition of Mayor for a Day Kathryn Cotton PRESENTATION - In recognition of City of Colleyville business - JR's Fine Dining - Johnny Ragland PROCLAMATION - In recognition of Municipal Court Week - October 31- November 4, 2005 - Municipal Court Judge Jim Ames and Municipal Court Administrator Karen Randolph Presented to BRIAN LEDING In Appreciation for Dedication and Service on the Traffic Safety Advisory Committee 2003-2005 Presented to STEVEN KNIGHT In Appreciation for Dedication and Service on the Traffic Safety Advisory Committee 2003-2005 RESOLUTION R-05-2615 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING NOVEMBER 1, 2005 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 October 18, 2005 b. Approval of minutes of the Joint City Council and Planning and Zoning Commission worksession of October 17, 2005 c. Approval of the Colleyville Garden project for Sparger Park Veterans' Memorial d. Approval of the disposal of surplus and obsolete vehicles, equipment and computers e. Approval of the project ranking for the Tarrant County Bond Election f. Approval of the purchase of computers for the annual computer replacement program g. Approval of establishing the official population of the City of Colleyville at 21,000 for the purpose of requesting that TxDOT change the city limit signs on SH26 to reflect the current estimated population APPROVED ON THIS OF AYES, DAY OF NAYS AND 2005, BY A VOTE ABSTENTIONS. Resolution R-05-2615 Page 2 of 2 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor MINUTES OF THE CITY COUNCIL MEETING OCTOBER 18, 2005 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 18, 2005, at 5:31 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Finance Director Terry Leake, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Interim Public Works Director Chad Bartee, Community Development Manager Barry LeBaron, Parks and Recreation Director Monica Walsh, Economic Development Manager Scott Welmaker, Records Coordinator Nicole Minder, Communications Manager Mona Gandy, Computer Technician Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1. Presentation and discussion of the Laserfiche software and the City of Colleyville website City Secretary Cynthia Singleton introduced Andrew Dargon, Vice President of Operations and Larry Levine, Applications Solutions Consultant of Saliant Technology. City Secretary Cynthia Singleton provided information regarding the implementation of the Laserfiche document imaging software and answered questions of the Council. Records Coordinator Nicole Minder conducted a demonstration of the Laserfiche document imaging software. Assistant City Manager Paul Frederiksen provided an overview of the proposed plan for the City's website. PC-2. Discussion of the proposed amendment to the Land Development Code regarding apportionment of infrastructure costs CITY COUNCIL MINUTES OCTOBER 18, 2005 Community Development Manager Barry LeBaron reviewed the proposed amendments to the Land Development Code regarding apportionment of infrastructure costs and answered questions of the Council. Council requested that the proposed amendment be presented to the Planning and Zoning Commission for a recommendation. PC-3. Discussion of the proposed amendment of the Land Development Code regarding detention/retention ponds Community Development Manager Barry LeBaron reviewed the proposed amendments to the Land Development Code regarding detention/retention ponds. Discussion ensued regarding the size and the maintenance of the ponds. Council requested that the proposed amendment be presented to the Planning and Zoning Commission for a recommendation. PC-4. Presentation of Monthly Financial Report - September 2005 Finance Director Terry Leake provided an overview of the September Monthly Financial Report. PC-5. Discussion of the October 18, 2005, City Council regular agenda items The meeting was adjourned prior to this item being discussed. There being no further business, Mayor Kelly declared the meeting adjourned at 6:40 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 18, 2005, at 6:49 p.m. 2 CITY COUNCIL MINUTES OCTOBER 18, 2005 ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen Finance Director Terry Leake, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Interim Public Works Director Chad Bartee, Community Development Manager Barry LeBaron, Economic Development Manager Scott Welmaker, Communications Manager Mona Gandy, Computer Technician Chris Pena, City Attorney Matthew Boyle 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 Property Acquisition Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations Sec. 551.072 - Sec. 551.087 - Mayor Kelly 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 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:49 p.m. and reconvened at 7:39 p.m. The invocation was given by Associate Pastor Eric Vaughan of First Baptist Church and City Attorney Matthew Boyle led the Pledge of Allegiance. EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2606 This Resolution was not needed. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS 3 CITY COUNCIL MINUTES OCTOBER 18, 2005 Mayor Kelly introduced Interim Public Works Director Chad Bartee. Mayor Kelly stated that the Keep Colleyville Beautiful Clean Sweep event was a success and expressed appreciation to Keep Colleyville Beautiful Chairman Roger Nelson, Parks and Recreation Director Monica Walsh, Officer Bill Hudgins and graduates of the Colleyville Citizen's Academy. Mayor Kelly announced that the deadline for the Mayor for a Day contest is October 21, 2005. Mayor Kelly presented a Proclamation to Eagle Scout Broderick Young Mr. Broderick expressed gratitude to the City for support of the project. Mayor Kelly presented a Proclamation to Elsie Gunter in recognition of receiving the Fori Worih Business Press "Thanks from the Mentorees" award. Ms. Gunter expressed appreciation to the City, family and friends for their support during her banking career and for the recognition for helping others. Mayor Kelly presented a Proclamation to Robert Hazlewood of Colleyville Family Karate in recognition of Martial Arts Day. Mr. Hazlewood commended the youth in Colleyville for participating in a kicking competition and raising $1,200 for charity. Mayor Kelly recognized Finance Director Terry Leake and Finance Department staff for receiving the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ended September 30, 2004. Finance Director Terry Leake introduced Assistant Debby Scott and stated that the award is a result of a joint effort by staff. Mayor Kelly introduced Andrea Gruben, Deputy Emergency Management Coordinator. Mayor commended City Manager Bill Lindley and Finance Director Terry Leake for the fiscal management practices and announced that the City finished the FY2005 expenses under the current year revenues. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-05-2607 - Consent Items: 4 CITY COUNCIL MINUTES OCTOBER 18, 2005 a. Approval of minutes of the regular City Council meeting of October 4, 2005 b. Approval of an Interlocal Agreement between the City of Colleyville and the City of Southlake for water, refuse and recyclables collection, and billing of sanitary sewer services for Timarron, Village H, Phase 3 Subdivision and authorize the City Manager to sign the agreement c. Approval of an Amendment to the Employment Agreement between the City of Colleyville and the City Manager d. Approval of an Interlocal Agreement with Tarrant County to pave the parking lot adjacent to the Crown of Life Lutheran Church and authorize the City Manager to sign the agreement Mayor Kelly read Resolution R-05-2607 in its entirety. Councilman Hendler expressed appreciation to the Crown of Life Lutheran Church and Tarrant County for the joint effort to pave the parking lot on the north side of the Pleasant Run Soccer fields. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-05-2607. Councilman Hendler seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried PUBLIC HEARINGS: 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1550 - Approval of a Request to Amend the zoning on 1.9 acres located at the southwest corner of Church Street and Colleyville Boulevard regarding screening and additional land uses, Case Z-05-026 Mayor Kelly read the caption of Ordinance 0-05-1550. Mayor Kelly opened the public hearing. 5 CITY COUNCIL MINUTES OCTOBER 18, 2005 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Mike Tussey of N3 Capital, spoke regarding the development of the property, the potential tenants, the square footage of taxable retail business and answered questions of the Council. City Attorney Matthew Boyle reviewed Section 2m with Mr. Mike Tussey and stated that to achieve Councilman Boll's request for a minimum sales tax generating space that an actual number of square footage be included in the ordinance. Mr. Tussey requested that the minimum square footage for sales tax generating space be 1,600 square feet. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1550, with the amendment to add to the end of Section 2m, "with the addition of at least 1.600 square feet". The City Council, by acclamation, suspended the rules to allow citizens to speak. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the location of the proposed bank and the preservation of oak trees. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City Manager Bill Lindley provided information regarding the location of the proposed development and bank. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1551 - Approval of a Zoning Change from CN to R20 on 1.31 acres on Tract A, Block 1, located at 413 Timberline Drive South, Case Z-05-024 Mayor Kelly read the caption of Ordinance 0-05-1551. Community Development Manager Barry LeBaron provided an overview of the request for a zoning change and video presentation and stated that the Planning and Zoning Commission unanimously recommended denial and, subsequently, it will require a super majority vote of the City Council to approve the request. 6 CITY COUNCIL MINUTES OCTOBER 18, 2005 Mr. Dino Idoski, 1224 Indian Road, Roanoke, Texas, spoke regarding the zoning request and the requirements for R20 zoning. Mayor Kelly opened the public hearing Mr. Ed Moore, 124 Timberline North, spoke regarding the zoning change notification signs, in opposition to the proposed ordinance and stated support of R40 zoning. Mr. Jerry Hillard, 5112 Bransford Road, spoke in opposition to the proposed ordinance and regarding a boundary dispute on the southern end of the property. Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed ordinance, requested that a letter presented to the Mayor and Council be read into the record and regarding the preservation of older neighborhoods and rural atmosphere. Ms. Shelli Haas, 409 Timberline South, spoke in opposition to the proposed ordinance and in support of R30 zoning. Mr. Dan Collins, 212 Timberline North, spoke in opposition to the proposed ordinance and in support of placing two houses on the lot. Mayor Kelly read a letter from Mr. Scott Hadley, 204 Timberline North, stating opposition to the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1552 - Approval of a Zoning Change from AG to R15 on 0.76 acres out of the Harroll Hughes Survey located at 1512 McCain Lane, Case Z-05-025 Mayor Kelly read the caption of Ordinance 0-05-1552. Community Development Manager Barry LeBaron provided an overview of the request for a zoning change and video presentation and stated the Planning and Zoning Commission recommended denial and, subsequently, it will require a super majority vote of the City Council to approve the request. Mr. David Myers, President, Moak Surveyors, 1105 Cheeksparger Road, representing the applicant, provided an overview of the proposed development of the property. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 7 CITY COUNCIL MINUTES OCTOBER 18, 2005 Discussion ensued regarding the history of the zoning of the proposed property. 8. READING AND PUBLIC HEARING - Resolution R-05-2608 - Consideration of appointment to the Traffic Safety Advisory Committee Mayor Kelly read Resolution R-05-2608 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilman Hendler invited citizens to apply for the remaining two open positions on the Traffic Safety Advisory Committee. Councilman Hendler moved to approve Resolution R-05-2608, reappointing Bill Hodges to the Traffic Safety Advisory Committee. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Councilman Hendler expressed appreciation to Mr. Steven Knight and Brian Leding for their service on the committee. Mayor Kelly declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-05-2609 - Approval of an Update of the Colleyville Pathways Plan Mayor Kelly read Resolution R-05-2609 in its entirety. Community Development Manager Barry LeBaron expressed appreciation to former and current City staff members Dixie Cawthorne, Keith Fisher, Monica Walsh and Paul Frederiksen for the in-house development of the update. Councilman Licata extended gratitude to Sidewalk Committee Chair Gail Manion and members of the Sidewalk Committee for their contribution to the Update of the Colleyville Pathways Plan. City Manager Bill Lindley stated that the support technical work was completed by City staff and saved significant tax dollars. 8 CITY COUNCIL MINUTES OCTOBER 18, 2005 Mayor Kelly expressed appreciation to Sidewalk Committee members Judy Atwood, Deena Dendy, Earline Kennedy, Nancy Langford, Gail Manion and Dulce Moore, the Parks and Recreation Advisory Board and Parks and Recreation Department staff. Councilman Hendler reviewed various goals of the update and the progress of trail development. City Manager Bill Lindley reported that the Colleyville Economic Development Corporation Board allocated $100,000 a year over a five year period dedicated to trail development. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-05-2609. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-05-2610 - Declaring expectations to reimburse for the purchase of land for the construction of fire station facilities with proceeds of future debt Mayor Kelly read Resolution R-05-2610 in its entirety. Finance Director Terry Leake stated that the Resolution provides for the City to be reimbursed for the expenditures related to the land acquisition and construction of fire station facilities with proceeds of future debt. Fire Chief Mike Johnston presented an overview of the long range plan for strategic locations of fire facilities, the proposed locations for fire facilities and the response times in the east and south sections of the City. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 9 CITY COUNCIL MINUTES OCTOBER 18, 2005 Mayor Pro Tem Ayers moved to approve Resolution R-05-2610. Councilman Hendler seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-05-2611 - Approval of an Addendum to the Agreement with Wiginton, Hooker, Jeffry Architects, Inc. for additional services for fire station facilities design, in an amount not to exceed $72,190, and declaring expectations to reimburse additional service expenditures with proceeds of future debt Mayor Kelly read Resolution R-05-2611 in its entirety. Assistant City Manager Paul Frederiksen stated that the proposed Resolution provides for the expansion of the agreement for design services of the construction management of fire station facilities. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-05-2611. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-05-2612 - Approval to enter into an Agreement with Gilbane Building Company for the construction management of fire station facilities, in an amount not to exceed $402,783, and declaring expectations to reimburse construction management expenditures with proceeds of future debt Mayor Kelly read Resolution R-05-2612 in its entirety. 10 CITY COUNCIL MINUTES OCTOBER 18, 2005 Assistant City Manager Paul Frederiksen stated that the proposed resolution provides for the hiring of a construction manager at risk firm to assist in the design of the fire facilities and serve as the contractor and provided information regarding the traditional design-bid-build method versus the Construction Manager (CM) at Risk method. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-05-2612. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. CITIZEN COMMENTS: 13. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ms. Kathy Hadley, 204 Timberline Road North, spoke regarding the Joint City Council and Planning and Zoning Commission meeting held on October 17, 2005, and regarding the advice of the City Attorney related to on-site inspections of properties being considered for rezoning. REPORTS: 14. TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES - July 11, 2005 PARKS AND RECREATION ADVISORY BOARD MINUTES - September 12, 2005 LIBRARY BOARD MINUTES - September 12, 2005 PLANNING AND ZONING COMMISSION MINUTES - September 26, 2005 There was no action taken on this item. ACTION/RESOLUTION: 15. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 18, 2005 - Reading and Public Hearing - Resolution R-05-2613 11 CITY COUNCIL MINUTES OCTOBER 18, 2005 This item was not needed. ADJOURNMENT 16. ADJOURNMENT There being no further business before the City Council, Councilman Boll moved to adjourn. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the meeting adjourned at 9:07 p.m. APPROVED THIS AYES, DAY OF NAYS AND 2005, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 12 MINUTES OF THE JOINT COLLEYVILLE CITY COUNCIL AND PLANNING AND ZONING COMMISSION WORKSESSION OCTOBER 17, 2005 The Colleyville City Council and Planning and Zoning Commission Worksession was called to order by Mayor David Kelly on October 17, 2005, at 6:37 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler and Tom Hart were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Community Development Manager Barry LeBaron, Interim Public Works Director Chad Bartee, Planning and Zoning Assistant Amy Shelley, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Planning and Zoning Commission Chairman Jeff Byerly and Commissioners Tom Bartkowski, David Dudziak and Mary Taylor were present. Mayor Pro Tem Jon Ayers was absent. Planning and Zoning Commissioners Denis Duffy, Robert McCormick and John Blassingame were absent. 2. Discussion of the roles of the Planning and Zoning Commission and the City Council in the approval process of zoning and subdivision cases Community Development Manager Barry LeBaron reviewed the Commissioner Orientation and Training Guide and answered questions of the City Council and the Planning and Zoning Commissioners. 3. Discussion of staff functions related to zoning and platting Community Development Manager Barry LeBaron provided an overview of staff functions related to zoning and platting and answered questions of the City Council and the Planning and Zoning Commissioners. JOINT CITY COUNCIL AND PLANNING AND ZONING COMMISSION MINUTES OCTOBER 17,2005 4. Discussion of conflicting interests and liability issues associated with the approval of zoning and platting cases City Attorney Matthew Boyle presented information regarding conflicting interests and liability issues associated with the approval of zoning and platting cases and answered questions of the City Council and Planning and Zoning Commissioners. There being no further business before the City Council, Mayor Kelly adjourned the meeting at 8:58 p.m. APPROVED THIS OF AYES, DAY OF NAYS AND 2005, BY A VOTE ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 2 CITY COUNCIL CC@J1(1l AGENDA BRIEFING IL';x<i:; MEETING DATE: ITEM#: RESOLUTION # : 11/01/05 5c R-05-2615 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: PARKS AND RECREATION SUBJECT: Approval of Colleyville Garden Club project for Sparger Park Veterans' Memorial - by Consent Reading and Public Hearing At the October 5, 2005 meeting of the Colleyville Garden Club, a project was presented to irrigate and landscape the Veterans' Memorial located at Sparger Park. The Colleyville Garden Club approved the plan with a projected completion date of November 2006. The Colleyville Garden Club will submit the plan for the Veterans' Memorial project to the National Garden Club for a grant prior to November 1, 2005. If the Colleyville Garden Club is not awarded the grant, the Club will fund the project, but on a different timeline. The Colleyville Garden Club will plan and fund an appropriate dedication ceremony on Veterans' Day 2006 as a tribute to veterans past, present and future during Colleyville's 50th anniversary year. The Club plans on designating this site as a Blue Star Memorial By-way, which is a program that honors service men and women. The Colleyville Garden Club has completed several landscaping projects of City facilities and is currently working with the City on several future projects at Bransford Park and other areas. Recommendation Approval Attachments · City of Colleyville Donation and Transfer of Title · Sparger Park Veterans' Memorial Pictures (3) · Computer Generated Sparger Park Veterans' Memorial Landscape Pictures (2) · Blue Star Memorial Program information sheet CITY OF COLLEYVILLE I/We DONATION AND TRANSFER OF TITLE (Jqf?J17 (!~ ~ o 1fP'/ j;"CC/- I have read and understand the Donation Policy of the City of Colleyville, and accept the provisions of that policy. Signature of Donor(s) 'd"~ ~~ Address of Donor r; 7' {/ (? lee; S' Q ~ t- M /!/ W City 0 6' lie 'jfJ I ~ State 7 r Phone Numbers: Home ;;:; 7 3,J- 7" r::, :is- 70 RECEIVED by .--p t\y ld uvtA j2e f-~~ By V\\ Crtment D:~ I d 0 ,7:~ Council Approval Date Resolution/Ordinance Number Date /0).1-; /Or- Date ZIP 7GCI 5)/ Office Sf 7 - -<-3 7 0 ~ Vy-- ACCEPTED for and in behalf of the City of Colleyville By Date Mayor, City of Colleyville Accession Number events I National Garden Clubs, Inc. 1\, r L i,J U ~=3 ~'J L ,6., r~ E: I\J Page 1 of 1 eV(-::ilt~) ;~:cjucation "/D~" . " ';.,>\'" I. . , I. . . ,~<,-I \,t '. ;' ~~/ ".,'.. ,Y,o Blue Star Memorial Program The National Garden Clubs, Inc. have had a "'. program in place to honor service men and women since 1945. It's the Blue Star Memorial Program, and it began with the planting of 8,000 Dogwood trees by the New Jersey Council of Garden Clubs in 1944 as a living memorial to veterans of World War II. The following year the National Council of State Garden Clubs, as it was called at the time, adopted the program and began a Blue Star Highway system, which covers thousands of miles across the Continental United States, Alaska and Hawaii. A large metal Blue Star Memorial Highway Marker was placed at appropriate locations along the way. The program was expanded to include all men and women who had served, were serving or would serve in the armed services of the United States. Memorial Markers and By-Way markers were added to the Highway Markers, to be used at locations such as National cemeteries, parks, veteran's facilities and gardens. The Blue Star became an icon in World War II and was seen on flags and banners in homes for sons and daughters away at war, as well as in churches and businesses. This program has been active all through the years to the present, a fitting tribute always and especially now. Many states and regions have been very dedicated, but there is room for growth in some areas, A "Guidelines" booklet can be ordered from Member Services for $5.00, which explains all procedures, including awards available to clubs. I would be happy to be of assistance at any time. ALL TO SEE, LEST WE FORGET, THOSE WHO HELP TO KEEP US FREE Maria Nahom, National Garden Clubs, Inc., Blue Star Memorial Chairman 21 Summit St. New Milford, CT 06776 (860) 355-5363 mjDj:thom@~_asternc;QDQ~c;1Q[.S;j)m http://www .gardenclub.org/ events/ events.aspx?path= Root/Events/bluestarprogram 10/21/2005 CITY COUNCIL ~i!l AGENDA BRIEFING Tc:'(.a5 MEETING DATE: 11/01/05 CITY MANAGER I ~ ITEM # : 5d DEPARTMENT HEAD I /( P RESOLUTION # : J R-05-2615 FINANCE REVIEW j Previous Action: None DEPARTMENT : PUBLIC WORKS SUBJECT: Approval of the disposal of surplus and obsolete vehicles, equipment and computers - by Consent Reading and Public Hearing The purchasing manual adopted September 28, 1993, requires the City Council to designate salvage items or surplus vehicles and equipment before said property can be removed from inventory and disposed of by public auction or other approved means. The attached itemized list of vehicles, equipment and computers that have been replaced because of age, mileage and/or major maintenance problems are no longer considered serviceable and recommended for disposal. Vehicles and equipment will be sold at public auction. Computers, monitors and related items will be donated to the Texas Department of Criminal Justice, (TDJC) Wynne Computer Recovery Facility. The public auction is scheduled for November 12, 2005, at Keller Lions Club, 532 Keller Parkway, Keller, Texas. The computer equipment will be transferred to TDJC as soon as practical. Financial Impact The November 15, 2003, auction provided $ 11,599.74 net revenue. Recommendation Approval Attachments . Surplus vehicle and equipment list . Surplus computers, monitors and printers list . TDJC information DATE: October 12,2005 SUBJECT: Surplus Property The following vehicles and equipment should be auctioned. The vehicles and equipment are considered beyond economical repair because of excess mileage, age, or damage or have become excess to city needs. VEHICLE# MAKE MODEL MILES JUSTIFICATION 157 (PD) Ford 95 Crown Vic 103,059 Age/Mileage VIN# 2FALP71W1SX171712 164 (PO) Ford 89 Bronco 83,305 Age/Mileage VIN# 1FMCU12T1KUC18356 165 (PD) Pontiac 93 Grand Am 75,035 Age VIN# 1 G2NE1438PM579697 (Transmission bad) 184 (PO) Ford 94 Crown Vic 126,820 Age/Mileage VIN# 2FAFP71W41X130034 169 (PD) Chevrolet 95 Lumina 90,272 Age/ Mileage VIN# 2G1WL52M1V9322313 (Wrecked) 686 (Street) Gradall 91 G3WD 4,917 hrs Age/ Downtime VIN# 0139289 (engine overhaul) 606 (Street) Distributor trlr. 87 Age/Downtime VIN# 189610 (obsolete) 899 (Utility) Dodge 92 0250 115,366 Age/Mileage VIN# 10662CHA16197 (Will not pass emissions) 850 (Utility) IR Portable Air Compressor not used 530 (Parks) Tore 98 7 -Gang mower 736 hrs. not used 531 (Parks) John Deer 98 Gator 1130 hrs. Replaced 536 (Parks) Jacobson 98 Golf cart W/Lift bed 1904 hrs. Replaced 1 563 (Parks) Toro 94 Sand Pro 564 (Parks) Toro 93 Ground Master 534 (Parks) John Deer 9860 in. mower 1 - Miller: 220 Arc welder with Tig attachment 1 - Snap On: R 12 A1C Recovery/ Recycler machine 14 years old 1 - Coats: 40-40SA Tire machine 14 years old 1 - Snap On: Tire Balance Machine 14 years old 1 - Gas Powered Mosquito Sprayer 12 years old 1 - Heat Lamp Sign Machine with Pump 1 - A1C Window Unit with Remote 840 hrs. 2153 358 2 not used not used Engine has blow-by not used not used not used not used not used not used not used Monitors 15" 17" 21" Computers Qty. 20 27 8 1 2 1 1 60 Total Manufacturer Able Computer Plus HP HP Dell IBM Compaq Printers, Fax, Copier 16 total 15 43 2 Memory 128 128 128 128 128 128 128 60 Total Proc. type Pentium 2 Pentium 3 pentium 3 Pentium 2 Pentium 2 Pentium 3 Pentium 2 Storage drive o o o o o o o Computer Man. Proc. type Memory Harddrive SIN I ' (J ~ .1,;; ..v .~ fJt'K f HUt' J.. l;l~ E ~rl1 uJ<.. iA' II I) tt "II O~d-gqr 3 ' 11 11 II /I Uk (I' II ~1A"'/tJ ~ j II II <ill ~ 7qJ. 'lJol 5' II (J(JA1/lJ >>1 'J- 11 iI Uk ~. 1\ 1I II 1I lJk 7 . I ) f{l1hv~ 3 II /I ok ~ u II 11 ~ lAk q II a J.,tft /,lJ1f J II II Ilk I 11 Ll I \ 1/ 10 I' II II ~Ji+/V~ 1 II II 11 I:J.. . l/ I, II J I II J3 . It [I II II II N- tl " (4tf ~ I' II II l~ P L t ( I II lJ it Il II 11 II t \ t7 lJ II ] I II 11 J* iI 11 /1 u J} 19 u fJwr ~ 1/ " II :1.0 (l U U 1/ J) ;), II feh-t ). II lJ II :1), i1 1I 11 it , I ;}3 l\ lA l ( ( I J\ 21/ H YJe~13 II " II J5 d /I 1\ II JI :;2.L V H II lj II d-7 l' II II 11 l , ;2'1 II ~+~ -it 11 II /)1 II d l' II /I '30 \ I II l\ {\ , , Computer Man. Proc. type Memory Harddrive SIN ,r -Ut f~f3 I()~ e.~fl (b1 tJK 1,{l- l\ tt [t II II ~1 It 11 H II II 3~ I \ Il II II II "35 l\ II It (l II ?Jb II n 1\ 11 ,I '11 Il 1\ l\ II II ~~ l\ 1\ 1\ 11 II ~q II II 11 (I " 40 II {Jvl1f~ }/ }I Ii v I I ~I [I Il U 11 4:A II (JeM-r ~ 1I It 1I ~~ t\ 1I ( l il 11 ~JJ I' 11 ,I II II 4~ l\ II 11 I I 11 ~b It JI , , Jt /J 41 liP 7~t -:3 1'Jf> It l/1J.ri3r) F0~73 t~ II k~0iit45~q ~t1 I' j(f2Jf~ rPi561f f 110 /)Sf J{)Dgr113 6J K-Rif3ri 'fa ~R7 F 5d ()S I o30v;)R8 },3 1<'1< 030fO)h~ .1i uS I ~04DI<6 65Co\A ^-,- f urt J- }J x ". --I-u 'fer #I C f) IJ Z D 7;;./1 s6b ,~~~ fJ~ ~ 1 :J-&' ~I ' :J.3GICf ;g 61 /-1 jJ ~J-Y(A ~M;) J')g- 1/ tJs ? 3flf3fJ 1/f (t tltU feu! rJ !JV 1/ L/JV if& tJ/ &1 /J Ii U -Ii ;fJ 1J' G (5) () I bO (fl~ {.fat ? It J/ Jf ^"'''------_..._-~,,_._~.-.,.-."..__.~'-"'-- TEXAS DEPARTMENT OF CRIMINAL JUSTICE Manufacturing & Logistics P.O. Box 4013 . Huntsville, Texas 77342-4013 Brad Livingston Executive Director Jack Crimm Assistant Director of Special Programs Manufacturing & Logistics Division (936) 437-6311 June 20, 2005 To All Interested Parties: The 79th Legislature has amended Sections 497.012(a), Government Code to permit Texas school districts, CItIes and counties to transfer surplus data processing equipment directly to TDCJ under the same guidelines as State agencies, colleges and universities. Requests for pick-up can be processed by TDCJ without Personal Property Donation forms and approval from the Texas Board of Criminal Justice. Computer equipment sent to the Computer Recovery Program is used to provide offenders with job skills training in computer repair. Repaired equipment is available to Texas schools at no cost unless an upgrade is requested. Upgrades are invoiced at per cost basis. The Computer Recovery Program has become an excellent source for computer equipment, and to date, Texas schools have received over 11,000 computers, complete with monitors, keyboards, mice, and printers; an estimated savings to taxpayers of$4.5 million. Obsolete or non-viable equipment is collected and sent out for recycling to contract vendors. Over twenty million pounds of equipment have been recycled since 1999, and the equipment continues to flow in. This is twenty million pounds of hazardous waste that hasn't ended up in the landfills of Texas, or stored in warehouses, costing additional tax dollars. Request forms (M&L-I13, M&L-1l4) and instructions are available on the TDCJ Manufacturing & Logistics web site, www.tci.tdci.state.tx.us. The Computer Recovery link can be found under the Services tab. Forms can also be faxed if requested, our fax number is (936) 291-5278. Please call (936) 291-5162, (936) 436-4081, or (936) 436-4084 if you have any questions. We look forward to working with you on your disposal needs. Sincerely, Charles Ellisor Plant Manager Wynne Computer Recovery cc: John Benestante, Director, Manufacturing and Logistics Jack Crimm, Assistant Director for Special Program Neill Rayford, Program Administrator V, Special Programs CITY COUNCIL cilr Of $'" TC:c.1$ AGENDA BRIEFING MEETING DATE: I 11/01/05 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW ITEM #: I 5e i RESOLUTION #: i R-05-2615 Previous Action: None DEPARTMENT: ENGINEERING SUBJECT : Approval of the project ranking for the Tarrant County Bond Election - by Consent Reading and Public Hearing City staff submitted eleven projects to Tarrant County in August 2005 for the Tarrant County May 2006 bond election. The eleven projects were previously approved by Resolution R-05- 2583. The submittal requirements did not require ranking the projects in any particular order. As part of the review process, Tarrant County requested a priority ranking of the projects and staff submitted the projects in the following order: 1. Jackson Road and Cheek Sparger Road intersection improvements 2. Martin Parkway and Cheek Sparger Road intersection improvements 3. Church Street realignment 4. John McCain Road and Pleasant Run Road intersection improvements 5. Bogart Street improvements 6. Glade Road and Pool Road intersection improvements 7. Pleasant Run Road Hike and Bike Trail- Phase 1 8. Pleasant Run Road Hike and Bike Trail- Phase 2 9. Thompson Terrace Trail 10. Big Bear Creek Trail Extension 11. Park-n-Ride Feasibility Study Financial Impact None Recommendation Approval Attachments . Tarrant County Bond Program Letter . Resolution R-05-2583 . .... .... ... COUN -.. ..... .:J. ~'.. :il. ~ ~: :< >: ~r- fIJ: . . . . . .' e. .. ...._ ....:..~. ...... TARRANT COUNTY TRANSPORTATION DEPARTMENT October 12, 2005 Tarrant County Transportation Bond Program Participating Communities Dear Participant: Recently, your community submitted a project(s) for consideration in the proposed Tarrant County transportation bond program. All project submittals have been inventoried and project information has been distributed to each member of the Project Evaluation Committee, a citizens group charged with evaluating and ranking each project. In order to assist the committee with this process, we are requesting additional project information. Please provide the following at your earliest convenience: · A detailed cost breakdown for each project. Estimated costs should be provided for design/engineering work, right-of-way acquisition, utility relocations, related sewer/water line reconstruction, roadway construction, relat~d inspections and contingency. More detailed cost information (e.g. cost of materials) is appreciated. With regard to utility/drainage reconstruction, please indicate the incremental size differences (ifany), their associated cost differences, and the justification for the size increase. For example, if an existing 8-inch water line is being replaced by a 10-inch water line, please note the incremental cost difference and provide justification for the reconstruction. · For those communities that have submitted intersection improvements, please provide any traffic volumes or turning movement data that you have on hand for each intersection. Additional traffic studies are not necessary to meet this request. · For those communities submitting projects that are currently fully funded through a local bond program, please provide a description of how the community will use that money should the County's participation fund the project. For instance, if a project is currently funded through a city bond program and it is selected in the Tarrant County program, the project will be funded up to 50 percent through the County program, releasing the community's bond money. Please provide a description as to how that money would then be used. · If your community submitted more than one project, please prioritize the project submittals according to your community's needs. · If not already furnished, please provide your community's council resolution indicating support for project submittals in the Tarrant County transportation bond program. 100 E. WEATHERFORD, FORT WORTH, TEXAS 76196-0601 PHONE 817 - 884-1250 Page 2 Due to the expedited schedule for the County's transportation bond program, we are requesting that this information be submitted to our office by the close of business Friday, October 28, 2005. Requested information may be mailed to the address listed below or transmitted by email torvskinner@tarrantcounty.com. Tarrant County Transportation Services Attn: Randy Skinner 100 E. Weatherford, Room 401 Fort Worth, Texas 76196 Thank you for your assistance with this request. If you have any questions, please contact me at 817 -884-1653. Sincerely, l(n.,A~ ~ ~ Randy Skinner Transportation Planner Cc: Renee Lamb, County Engineer Dwain Brown, Freese & Nichols -"._---~.""--_.._~--,~--_._.~--_._._._-"~--- RESOLUTION R-05-2583 A RESOLUTION SUPPORTING THE TARRANT COUNTY BOND ELECTION AND IDENTIFYING THE PROJECTS THE CITY OF COLLEYVILLE WILL SUBMIT FOR CONSIDERATION WHEREAS, the City of Colleyville is dedicated to the improvement of its streets and trail systems; and WHEREAS, by improving the infrastructure, the citizens' quality of life will be enhanced; and WHEREAS, the City of Colleyville supports the Tarrant County Bond Election; and WHEREAS, the City of Colleyville will be submitting (11) eleven projects for consideration; and WHEREAS, the City of Colleyville has matching funds in the amount of 50% of the overall cost of each project submitted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville submits the following projects for consideration to Tarrant County: Sec. 2. 1) Jackson Road and Cheeksparger Road intersection improvements 2) Church Street realignment 3) John McCain Road and Pleasant Run Road intersection improvements 4) Bogart Street improvements 5) Glade Road and Pool Road intersection improvements 6) Martin Parkway and Cheeksparger Road intersection improvements 7) Pleasant Run Road Hike and Bike Trail - Phase I 8) Pleasant Run Road Hike and Bike Trail - Phase II 9) Thompson Terrace Trail 10) Big Bear Creek Trial Extension 11) Park-n-ride Feasibility Study THAT the City of Colleyville has committed a 50% funding match for each project submitted. THAT the City of Colleyville project list and funding commitment is hereby approved. Sec. 3. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC City Secretary AYES, NAYS AND 2005. ABSTENTIONS ON CITY OF COLLEYVILLE David Kelly Mayor CilY Of CITY COUNCIL CC~n0 AGENDA BRIEFING ll'X~:5 MEETING DATE: 11/01/05 CITY MANAGER ITEM # : 5f DEPARTMENT HEAD RESOLUTION # : R-05-2615 FINANCE REVIEW Previous Action: None DEPARTMENT: INFORMATION SERVICES SUBJECT: Approval of the purchase of computers for the annual computer replacement program Reading and Public Hearing The City Computer Replacement Program, which was implemented as part of City Council Resolution R-03-2200, provides for each computer to be replaced every four years, resulting in decreased maintenance cost and increased efficiency through the reduction of downtime. As part of the approved budget plan for Fiscal Year 2006, the Information Services Department recommends the purchase of 29 computers from Dell, Inc., which provided the City with the highest quality quote for a total cost of $30,695.50, through the State DIR Contract, Number DIR-SDD-192, meeting the City requirements on maintenance and support, price per unit, and reliability. Each computer will be accompanied by a base one (1) year next-day, on-site full hardware warranty, and an additional three (3) year next-day, on-site full hardware warranty, covering the full life span of the computer, in accordance with the City Computer Replacement program. Recommendation Approval Financial Impact Funds are available in the Information Services Budget, line item 001-59-6360 Attachments . Dell, Inc. Quote Page 1 of2 DELL QUOTATION Date: 10/21/054:43:28 PM QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Customer Name: 251365325 2033066 9913578 DIR-SDD-192 10/21/05 CITY OF COLLEYVILLE TOTAL QUOTE AMOUNT: $30,695.50 Product Subtotal: $30,695.50 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 1 GROUP: 1 1 QUANTITY: 29 SYSTEM PRICE: $968.781 GROUP TOTAL: $28,094.62 Base Unit: OptiPlex GX620 Minitower Pentium 4 640/3.2GHz,2M,800FSBHyperThreading (221-8366) Processor: NTFS File System,Factory Install (420-3699) Memory: 2.0GB,Non-ECC,533MHz DDR2 2x1GB,OptiPlex GX620 or GX520 (311-5017) Keyboard: USB Enhanced Multimedia Keyboard,English,OptiPlex (310-6611) Monitor: No Monitor Selected, OptiPlex (320-3704) Video Card: Integrated Video,GMA950 Dell OptiPlex GX620 (320-4269) Hard Drive: 160GB SATA II, 7200 RPM Hard Drive with Data Burst Cache OptiPlex GX620 or GX520 (341- 2248) Floppy Disk Drive: No Floppy Drive with Optical Filler Panel, Dell OptiPlex Minitower Chassis (341-1712) Operating System: Windows XP Professional Service Pack 2,with Media,DeIlOptiPlex,English,Factory Install (420- 4850) Mouse: Dell USB 2-Button Optical Mouse with Scroll,Dell OptiPlex (310-6609) TBU: RoHS Compliant Lead Free Chassis and Motherboard,Dell OptiPlex (341-2663) CD-ROM or DVD-ROM Drive: 16X DVD+/-RW and 48X CD-ROM with Sonic Digital Media and Cyberlink Power DVD,No Media GX620 or GX520 Minitower (313-3622) Sound Card: Integrated AC97 Audio,OptiPlex (313-8170) Speakers: Dell A425 Speakers,Dell OptiPlex (313-3322) Factory Installed Software: Energy Star Labeling for OptiPlex (if applicable) (310-4721) Service: Type 3 Contract - Next Business Day Parts and Labor On-Site Response, Initial Year (900-6630) Service: Type 3 Contract - Next Business Day Parts and Labor On-Site Response, 2YR Extended (960- 2402) Service: Thank You for buying Dell (983-2207) Service: Please visit WWW.DeII.COM (983-2217) Installation: Standard On-Site Installation Declined (900-9987) Mise: CFI Order Ready Asset Tag 5 (365-1390) Mise: Resource CD contains Diagnostics and Drivers for Dell OptiPlex Systems (313-7168) Mise: Execute Disable Bit for Microsoft Windows XPSP2 set toOFF,Dell OptiPlex (463-7780) Mise: Quick Reference Guide,Dell OptiPlex GX620,Factory Install (310-6620) Online Featured Promotion (460-7656) file://C: \Documents%2 Oand%20Settings\penac\Local %2 OSettings\ T emporary%20Inteme... 10/25/2005 Page 2 of2 SOFTWARE & ACCESSORIES Product Quantity Unit Price Total 19 in (19 in viewable) E193FP Flat Panel Display (320-4228) 8 $325.11 $2,600.88 Number of S & A Items: 1 S&A Total Amount: $2,600.88 COMMENTS QUOTE VALID TIL 10/26/05 DIR CONTRACT SALES REP: MARK MOORE PHONE: 1800-576-6038 Email Address: Mark Moore@Dell.com Phone Ext: 7239251 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. Orders may be faxed to the attention of your sales representative to 1-866-844-0532. You may also place your order online at www.dell&Qm/quote Unless you have a separate agreement with Dell, the terms and conditions found at http://ftpbox.us.dell.com/slg/resellers/resellertcs.htm shall govern the sale and resale of the Products and Services referenced in this quotation. Prices and tax rates are valid in the U.S. only and are subject to change. **Sales/use tax is a destination charge, i.e. based on the "ship to" address on your purchase order. Plea!i~ indiJ;ate_}lQ'.JI.~JaJ(itbi/jjystatLls em yourPO. If exempt, please fax exemption certificate to Dell Tax Department at 888-863-8778, referencing your customer number. If you have any questions regarding tax please call 866-433-9019. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US_Dell_ARS_Requests@dell.com. Minimum quantities may apply. Shipments to California: For certain products, a State Environmental Fee Of Up to $10 per item may be applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or refer to URL www.dell.com/environmentalfee file:/ /e: \Documents%20and%20Settings\penac\Local %2 OSettings\ T emporary%20Inteme... 10/25/2005 CITY COUNCIL cce", AGENDA BRIEFING ll~x~$ MEETING DATE: ITEM#: RESOLUTION # : 11/01/05 59 R-05-2615 CITY MANAGER i DEPARTMENT HEAD ~ FINANCE REVIEW I /) N.A. Previous Action: None DEPARTMENT: ECONOMIC DEVELOPMENT SUBJECT : Approval of establishing the official population of the City of Colleyville at 21,000 for the purpose of requesting that TxDOT change the city limit signs on SH26 to reflect the current estimated population - by Consent Reading and Public Hearing The Texas Department of Transportation (TxDOT) maintains City Limit signs on State highways. The two existing City Limit signs on SH26 show the population of Colleyville to be 16,000. The 2000 census established the population of Colleyville as 19,636. The North Central Texas Council of Governments (COG) annually estimates the population of cities in the region. They survey each city to determine new residential units built and any residential structures demolished, projecting the census data with the survey results. COG estimated the population of Colleyville to be 21,000 as of April, 2005. TxDOT will change a city's City Limit signs a maximum of every two years. There is no cost to the city. They will use the most recent census figure (2000) unless the City Council officially adopts another number. The purpose of this action is to officially establish the population of Colleyville at 21,000 as of April 2005 for the purpose of requesting that TxDOT change the signs to reflect the NCTCOG estimated population of 21,000. Attachment · North Central Texas Council of Governments 2005 Current Population Estimates www.nctcog.org April 2005 Summary of Regional Population Estimates Since January 1, 2004, North Central Texas has added 147,350 persons for a January 1, 2005 total population of 6,014,750. The region has averaged just under 150,000 in growth per year since the 2000 Census. This also marks the ninth consecutive year to add over 100,000 persons. The small decrease in growth can be explained by a slump in multi- family occupancy rates due to the continuing trend of historically low interest rates and the overall lack of job growth in the region. Over 34 percent of the region's growth in 2004 was located in five cities. Fort Worth (618,600) led the region by adding 21,500 new residents. McKinney followed, adding 8,500 new residents, bringing the city's total population to 92,500 persons. Dallas pushed its total population to 1,232,100 by adding 8,100 residents. Frisco (73,900) and Arlington (355,500) rounded out the top five in absolute growth by adding 7,100 and 4,800, respectively. Some smaller suburbs continued to see big changes in the last year, especially in Collin, Denton and Rockwall counties. In 2004, Fate (2,050) led all cities with a 52% increase in population. With the addition of 700 persons in 2004, the overall population has quadrupled since 2000. Anna (5,000) grew by 43% adding 1,500 residents. The town of Fairview (5,050) added 950 people, growing by 24%. Little Elm (17,150) added 3,100 persons in the last year, a 22% change. Finally, the cities of Melissa (2,300), Forney (8,900), Justin (2,800), Prosper (3,600), Royse City (6,000) and Celina (3,550) each experienced at least a 15% increase in their population growth. North Central Texas Council of Governments Research and Information Services Collin, Dallas, Denton, and Tarrant counties captured 80% of all the regional growth, adding 117,600 persons. Tarrant County led all counties by adding 43,150 persons, pushing the county's total population to 1,628,200 residents. Collin County, added 30,200 for a 2005 population of 648,800. Dallas and Denton counties each added over 21,000 persons last year and now total 2,330,050 and 552,600 persons, respectively. Outside of the four urban counties, the unincorporated areas of Ellis, Johnson, Kaufman, Parker, and Wise counties have shown significant growth by adding over 18,000 persons in the past year. Single-family housing construction was almost identical to the all-time high of 2003. The region added a total of approximately 40,000 new homes, as historically low interest rates continued to stimulate construction. Multi-family construction in 2004 dipped below the 2003 totals by over 4,400 units, despite continued regionally low multi-family occupancy rates and rents. Multi-family markets have suffered losses from the aforementioned single-family shifts. Multi- family occupancy rates also tend to react most negatively to employment losses and the slumping economy. HOUSING UNIT COMPLETIONS 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 o DSINGLE FAMILY . MULTI-FAMILY 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2004 Population Growth Top Ten Cities account for 49% of all Growth (71,200 persons) Population Estimates Methodology: NCTCOG's population estimates are based on current housing inventories for each city in the NCTCOG region with a population of 1,000 or more. The figures are reviewed at the regional level for consistency with other indicators of regional population such as labor force estimates and vital statistics. Cities complete a building permit form that provides NCTCOG with information on building completions, demolitions, annexations and other changes in housing stock that occurred throughout the prior year. The reported housing units by type (single family, multi-family, other) are added to the 2000 Census housing stock figures to develop estimates of current year housing stock. Current estimates use 2000 Census persons per household figures. Occupancy rates are derived through purchased secondary data in order to reflect existing market conditions. These rates were used in conjunction with building permit data to produce city level population estimates. Final population for January 1, 2005 also includes estimates of persons living in group quarters (nursing homes, dormitories, prisons etc.) All figures are reviewed by each city prior to publication. County level estimates are adjusted for cities that are in more than one county. Remainder of county totals are estimated based upon secondary resources and have been adjusted to reflect annexations. Revised population estimates require prior year adjustments through methodological changes to ensure consistency. The percent growth column provides a convenient indicator of the annual growth for each city and county. Revised Final Final Final Final Estimated Estimated Growth Census Census Census Census Population Population Rate 4/1170 4/1/80 4/1/90 4/1/00 1/1/04 1/1/05 2004.2005 Collin County 66,920 144,576 264,036 491,675 618,600 648,800 4.70% Allen' 1,940 8,314 19,315 43.554 62,800 66,400 5.73% Anna 736 855 904 1,225 3,450 5,000 44.93% Celina 1,272 1,520 1.737 1,861 3,100 3,550 14.52% Fairview 463 893 1.554 2,644 4,100 5,050 23.17% Farmersville 2,311 2,360 2,640 3,118 3,200 3,250 1,56% Frisco 1,645 3.499 6,138 33,714 66.800 73,900 10.63% Lowry Crossing NI 443 865 1,229 1.300 1,350 3.85% Lucas 540 1,370 2,205 2,890 3,600 3,700 2.78% McKinney 15,193 16,256 21,283 54.369 64,000 92,500 10.12% Melissa NI 604 557 1,350 1,900 2,300 21.05% Murphy 261 1,150 1.547 3,099 7,700 9,800 21.42% Parker 367 1,098 1,213 1,379 2,250 2,300 2,22% Plana 17,872 72,331 127,885 222,030 244,300 247,000 1,11% Princeton 1,105 3,408 2,448 3,477 3,750 3,950 5,33% Prosper 501 675 1,018 2,097 3.100 3,600 16.13% Wylie 2,675 3.152 8,716 15,132 26.050 29.800 14.40% Remainder of Collin County 17,049 18,207 27,693 36,769 45,300 47,000 3.75% Split Cities" 2,790 8,441 36,318 61,738 51,900 48,350 -6.84% Dallas County 1,327,696 1,556,419 1,852,810 2,218,899 2,305,850 2,330,050 1.05% Addison 593 5,553 8,783 14,166 14,450 14,450 0,00% Balch Springs 10,464 13.746 17,406 19,375 19,500 19,500 0,00% Cedar Hill 2,610 6,849 19,988 32,093 40,000 41,700 4,25% Cockrell Hill 3,515 3,262 3,746 4,443 4,350 4,400 1,15% Coppell 1,728 3.826 16,881 35.958 38.800 38,900 0.26% Dallas 844,401 904,078 1.007,618 1,188,580 1,224,000 1,232.100 0.66% DeSoto 6,617 15,538 30,544 37.646 43,300 45,500 5.08% Duncanville 14,105 27,781 35,008 36,081 35,750 36,150 1.12% Farmers Branch 27,492 24,863 24.250 27,508 27,600 27,600 0.00% Garland 81,437 138,857 180.635 215,768 220,750 221.950 0.54% Glenn Heights 257 1.033 4,564 7,224 8,750 9,400 7.43% Grand Prairie 50,904 71,462 99,606 127,427 141.200 145,600 3.12% Highland Park 10,133 8,909 8,739 8,842 8,900 8,850 -0.56% Hutchins 1,715 2.837 2,719 2,805 2,750 2,900 5.45% Irving 97,260 109.943 155,037 191,615 196,450 197,400 0.48% Lancaster 10,522 14,807 22,117 25,894 29,850 31.500 5.53% Mesquite 55,131 67,053 101,484 124.523 132,150 133,600 1.10% Richardson 48,405 72,496 74,840 91,802 94,950 95,250 0.32% Rowlett 2,243 7,522 23.260 44.503 51,000 52,250 2.45% Sachse 777 1,640 5,346 9,751 14,750 16,100 9.15% Seagoville 4,390 7.304 8.969 10,823 11,850 12,300 3.80% Sunnyvale 995 1.404 2,228 2,693 3,550 3,650 2,82% University Park 23,498 22,254 22,259 23,324 23.250 23,150 -0.43% Wilmer 1,922 2.367 2,479 3,393 3.100 3,100 0,00% Remainder of Dallas County 18,941 9.181 6,197 8,259 8.900 9.000 1.12% Split Cities" 7,641 11,854 -31 ,893 -75,597 -94,050 -96,250 -2.34% Denton County 75,633 143,126 273,525 432,976 531,450 552,600 3.98% Argyle 443 1,111 1.575 2,365 2,600 2,900 3.57% Aubrey 731 948 1.138 1,500 1,950 2,050 5.13% Bartonville NI 441 849 1,093 1.250 1,250 0,00% Carrollton 13,655 40.595 82,169 109,576 115.000 116.500 1,30% Copper Canyon NI 465 978 1.216 1.300 1,300 0.00% Corinth 461 1.264 3,944 11,325 17,100 17,800 4.09% Denton 39,874 48.063 66,270 80.537 91,450 96.200 5.19% Double Oak NI 836 1,664 2,179 2,500 2.500 0.00% Flower Mound 1,685 4.402 15,527 50.702 59,150 60,450 2.20% Hickory Creek 218 1,422 1,893 2,078 2,250 2,250 0.00% Highland Village 516 3,246 7,027 12,173 13,650 14,150 3.66% Justin 741 920 1,234 1,891 2,300 2,800 21.74% Krum 454 917 1.542 1,979 2.750 3,000 9,09% Lake Dallas 1.431 3.177 3.656 6,166 6,550 6,650 1,53% Lewisville 9,264 24.273 46.521 77,737 85,950 86,650 0.81% Little Elm 363 926 1,255 3,646 14,100 17.150 21.63% Oak Point NI 387 645 1,747 2,050 2.050 0.00% Pilot Point 1,663 2,211 2,538 3,538 3,800 3.850 1.32% Roanoke 817 910 1,616 2,810 5,400 5.450 0.93% Sanger 1,603 2,754 3,514 4,534 5,500 5.950 8.18% Shady Shores 543 813 1,045 1,461 1,800 1,900 5.56% The Colony NI 11,586 22,113 26,531 35,100 36,450 3.85% Trophy Club NI NI 3.922 6,350 7,150 7,200 0.70% Remainder of Denton County 12,626 19.042 26,576 41,147 50,650 51,900 2.47% Split Cities" -11,655 -27.583 -25.688 -21,305 -50 4,250 8600.00% Ellis County 46,638 59,743 85,167 111,360 129,150 133,800 3.60% Ennis 11.046 12.110 13,869 16,045 17.750 18,000 1.41% Ferris 2,180 2,228 2,212 2,175 2,250 2,250 0,00% Italy 1,309 1.306 1.699 1,993 2.100 2,100 0.00% Midlothian 2,322 3.219 5,040 7,480 11,200 12,150 8.48% Oak Leaf Nt NI 984 1,209 1,400 1,400 0.00% Ovilla 339 1.067 2,027 3,405 3,700 3,750 1.35% Palmer 601 1.187 1.659 1,774 1.800 1,850 2.78% Red Oak 767 1,882 3,124 4,301 6,200 6.900 11.29% Waxahachie 13,452 14.624 17.984 21 ,426 23.550 25,150 6.79% Remainder of Ellis County 14,431 21,926 35,657 49,973 57,400 56,350 1.66% Split Cities" 191 194 712 1,579 1,800 1,900 5.56% Revised Final Final Final Final Estimated Estimated Growth Census Census Census Census Population Population Rate 4/1170 4/1/80 4/1/90 4/1/00 1/1/04 1/1/05 2004-2005 Erath County 18,141 22,560 27,991 33,001 35,750 36,550 2.24% Dublin 2,810 2,723 3,190 3,754 3,950 3,950 0.00% Stephenville 9,277 11,881 13,502 14,921 15,950 16,300 2.19% Remainder of Erath County 6,054 7,956 11.299 14,326 15,850 16,300 2.84% Hood County 6,368 17,714 28,981 41,100 46,550 48,000 3.11% DeCordova Bend Nt NI NI NI 3.900 3.950 1.28% Granbury 2.473 3.332 4.045 5.718 6.500 6,700 3.08% Remainder of Hood County 3,895 14,382 24,936 35,382 40,050 41,300 3.12% Hunt County 47,948 55,248 64,343 76,596 84,250 86,250 2.37% Caddo Mills 935 1,060 1,068 1.149 1.150 1,200 4.35% Commerce 9,534 8.136 6.825 7,742 8,600 8.650 0.58% Greenville 22,043 22.161 23.071 24.117 25,200 25,700 1.98% Quinlan 844 1.002 1.360 1,370 1,350 1,400 3.70% West Tawakoni 465 840 932 1,462 1,550 1.600 3.23% Wolfe City 1,433 1.594 1.505 1.581 1.600 1,600 0.00% Remainder of Hunt County 12,694 20,455 29,582 39,420 44,800 46,100 2.90% Johnson County 45,769 67,649 97,165 127,793 145,500 148,450 2.03% Alvarado 2,129 2,701 2.918 3,288 3,600 3,650 1.39% Burleson 7,713 11.734 16,113 20,976 26,900 28.350 5.39% Cleburne 16,015 19,218 22.205 26,005 27,350 27,650 1.10% Grandview 935 1,205 1,245 1,358 1,450 1,450 0.00% Joshua 924 1.470 3.821 4,528 4,650 4,650 0.00% Keene 2,440 3,013 3,944 5,003 5,850 5,850 0.00% Venus' 414 518 977 1,892 2,900 2,950 1.72% Remainder of Johnson County 16,133 28,891 47,285 67,583 76,000 77 ,650 2.17% Split Cities" -934 -1,101 -1,343 -2,840 -3,200 -3,750 -17.19% Kaufman County 32,392 39,015 52,220 71,313 87,100 91,100 4.59% Combine 249 698 1,329 1.788 1.800 1,800 0.00% Crandall 774 831 1,652 2,774 3,250 3,550 9.23% Forney 1,745 2.483 4,070 5,588 7,400 8,900 20.27% Kaufman 4,012 4,658 5,251 6,490 6,700 6,700 0.00% Kemp 999 1,035 1,184 1,133 1,200 1,200 0.00% Mabank 1,239 1.443 1,458 2,151 2,700 2,800 3.70% Terrell 14,182 13,225 12,490 13.606 14,950 15,400 3.01% Remainder of Kaufman County 9,320 14,779 25,494 38,717 50,050 52.000 3.90% Split Cities" -128 -137 -708 -934 -950 -1.250 -31.58% Navarro County 31,150 35,323 39,926 45,124 46,950 47,650 1.49% Corsicana 19,972 21,712 22,911 24,485 24,400 24,600 0.82% Kerens 1,446 1.582 1,702 1,681 1,750 1,750 0.00% Remainder of Navarro County 9,732 12,029 15,313 18,958 20,800 21,300 2.40% Palo Pinto County 28,962 24,062 25,055 27,026 27,150 27,450 1.10% Mineral Wells 18,411 14,468 14,935 16,946 16.050 16,050 0.00% Remainder of Palo Pinto County 10,586 9.631 10.602 12,256 13.300 13,600 2.26% Split Cities.. -35 -37 -482 -2,176 -2,200 -2,200 0.00% Parker County 33,888 44,609 64,785 88,495 102,100 107,400 5.19% Aledo 620 1.027 1,169 1,726 2,250 2,350 4.44% Annelta NI 454 672 1,108 1,150 1,200 4.35% Hudson Oaks NI 309 711 1,637 1,650 1,700 3.03% Reno 688 1,174 2.322 2.441 2,700 2,700 0.00% Springtown 1,194 1,658 1,740 2,062 2.350 2.450 4.26% Weatherford 11,750 12.049 14.804 19.000 20.950 23.050 10.02% Willow Park 230 1,113 2,328 2.849 3,100 3,150 1.61% Remainder of Parker County 18,617 25.895 39.354 53,933 64,200 67.000 4.36% Split Cities.. 789 930 1.685 3,739 3,750 3,800 1.33% Rockwall County 7,046 14,528 25,604 43,080 57,200 61,650 7.78% Fate NI NI 477 463 1,350 2,050 51.85% Heath 520 1,459 2,108 4,149 5,600 5,900 5.36% Rockwall 3,121 5.939 10,486 17.976 25.050 27,300 8.98% Royse City 1,535 1,566 2,206 2,957 5,200 6.000 15.38% Remainder of Rockwall County 1,605 4,567 7,525 10,809 12.800 13,300 3.91% Split Cities.. 265 997 3.279 7.189 7,200 7.100 -1.39% Somervell County 2,793 4,154 5,360 6,809 7,950 8,200 3.14% Glen Rose 1,554 2,075 1,949 2,122 2,500 2.550 2.00% Remainder of Somervell County 1,239 2.079 3.411 4,687 5,450 5,650 3.67% Tarrant County 715,587 860.880 1,170,103 1,446,219 1,585,050 1,628,200 2.72% Arlington 90,229 160.113 261,717 332,969 350,700 355,500 1.37% Azle 4,493 5,822 8,868 9,600 10,000 10,150 1.50% Bedford 10,049 20.821 43.762 47,152 47,850 48,050 0.42% Benbrook 8,169 13,579 19,564 20,208 20,900 21,550 3.11% Blue Mound 1,283 2,169 2,133 2,388 2,400 2,400 0.00% Colleyville 3,342 6,700 12,724 19,636 20,500 21,000 2.44% Crowley 2,662 5,852 6,974 7,467 8,850 9,500 7.34% Dalworthington Grdns 757 1,100 1,758 2,186 2,250 2,300 2.22% Revised Final Final Final Final Estimated Estimated Growth Census Census Census Census Population Population Rate 4/1170 4/1/80 4/1/90 4/1/00 1/1/04 1/1/05 2004-2005 Tarrant County (continued) Edgecliff Village 1,143 2,695 2,715 2,550 2,550 2,550 0.00% Euless 19,316 24.002 38,149 46.005 49,900 50,750 1.70% Everman 4,570 5,387 5,672 5.836 5,750 5,750 0.00% Forest Hilt 8,236 11,684 11.482 12,949 11,700 11,750 0.43% Fort Worth 393,455 385,164 447,619 534,694 597,150 618,600 3.59% Grapevine 7,049 11,801 29,198 42,059 44,350 44,850 1.13% Haltom City 28,127 29.014 32,856 39,018 39.150 39,150 0.00% Haslet 276 262 795 1,134 1.300 1,350 3.85% Hurst 27,215 31.420 33,574 36.273 36.950 37,600 1.76% Keller 1.474 4,156 13,683 27.345 33,250 34,200 2.86% Kennedale 3,076 2,594 4.096 5,850 6,100 6,150 0.82% lake Worth 4.958 4,394 4,591 4,618 4,700 4,750 1.06% lakeside 988 957 816 1,040 1,100 1,100 0.00% Mansfield 3,658 8,102 15,615 28,031 40,300 45,000 11.66% N. Richland Hilts 16,514 30.592 45.895 55,635 60.650 61,650 1.65% Pantego 1,779 2.431 2,371 2.318 2,650 2,650 0.00% Pelican Bay NI NI 1.271 1,505 1,700 1,750 2.94% Richland Hilts 8,865 7,977 7,978 8,132 8,200 8,250 0.61% River Oaks 8,193 6,890 6.580 6,985 7,000 7,000 0.00% Saginaw 2,382 5,736 8,551 12,374 16,500 17,500 6.06% Sansom Park 4,771 3,921 3.928 4,181 4,150 4,200 1.20% Southlake 2,031 2,808 7,082 21.519 24,550 24,900 1.43% Watauga 3,778 10.284 20,009 21.908 23.850 23,950 0.42% Weslworth Viltage 4,578 3,651 2,350 2.124 1.700 1,700 0.00% White Settlement 13.449 13,508 15,472 14.831 15,200 15.400 1.32% Remainder of Tarrant County 23,122 288,897 32.416 37.410 45,700 47,600 4.16% Spl~ Cities" 1,600 6,397 17,839 28,289 35,500 37,650 6.06% Wise County 19,687 26,575 34,679 48,793 56,800 58,600 3.17% Alvord 791 874 865 1,007 1.100 1,150 4.55% Boyd 695 889 1,041 1,099 1,150 1,150 0.00% Bridgeport' 3,614 3,737 3,581 4.627 5,150 5,300 2.91% Chico NI NI 800 947 1,050 1,100 4.76% Decatur 3,240 4,104 4.245 5,201 5,300 5,400 1.89% Runaway Bay Nt 29 700 1,104 1.150 1,200 4.35% Remainder of Wise County 11,347 16,942 24,247 36,073 41,900 43,300 3.34% Nine County Urban Area 2,351,569 2,930,545 3,885,415 5,030,826 5,562,000 5,700,950 2.50% (Collin. Dallas, Denton. Ellis Johnson, Kaufman, Parker, Rockwall, Tarrant) NCTCOG Region (16 counties) 2,506,618 3,116,181 4,111,750 5,309,277 5,867,400 6,014,750 2.49% '2000 population totals have been officially changed by the Census Bureau "Split Cities - Represent corporate boundaries that extend into another county Collin County Ellis County Dallas 47,131 Cedar Hill 119 Garland 149 Glenn Heights 1,910 Richardson 24,603 Grand Prairie 52 Royse City 335 Mansfield 126 Sachse 2,940 Johnson County Dallas County Mansfield 894 Carrollton 50,306 Kaufman County Combine 624 Dallas 0 Grapevine 0 Seagoville 10 Lewisville 292 Parker County Ovilla 316 Azle 1,615 Wylie 440 Mineral Wells 2,190 Denton County Rockwall County Coppell 598 Dallas 21 Dallas 27,308 Garland 0 Fort Worth 44 Rowlett 7,137 Frisco 21,808 Wylie 284 Piano 4,544 Tarrant County Southlake 548 Burleson 4,645 Grand Prairie 36,238 For technical questions, contact Paul Winkelblech at pwinkelblech@nctcog.org, Research and Information Services, NCTCOG. To order copies of this and other COG publications, contact Alice Webster at awebster@nctcog.org, Regional Information Center, NCTCOG, Suite 200, Arlington, Texas 76011, (817) 695-9140. - -----,---------._,.,- Map of the Niorth Central Tex.as Region (All Cities over 1,000) o Sanger . PilolPoint COWN ""00 o WISE 1I"'"d o DENTON Chico o Aubrey . c.... o Melissa o Commerce o Brid~ o . R.uI\aW$~ Bay Decatllf o Krum o Danton . .P.~ Boyd o OallPoint ~ShQ<..",. . L:>>EIm Corinth. Argyle Copper .. lake DaIIa$ . Canyon. HI<'."'OIYCfeck . . HighIandV....ge. Bartonville [)oub~oak l:w.sVi~heColony ROilnoke. TrO:hY Club. Flower Mound Mcl<inney o Princeton o Fa'ITI<I':Vile Gre9flville . "'""" o )-aiN""'" . . lowryCrossing Allene L~ Parker o Caddo Mills o HUNT . Frjsr..o Justin. Murphy. 0- Weatherforde Hudson Willow O~ks . Park . Hastel SouI:lake KaMer. . Pelican Bay Grape~r'l(l Azla Walauga. sagll~a..... . CoIeyville Ellless LakesiJ:1ue Mound. NRH . H~ ~dfO: . . LakeWorthe Sansom _ Haltom City . 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Box 5888 Arlington, TX 76005-5888 CITY COUNCIL CC@rnC1l AGENDA BRIEFING 11"Xf:lS MEETING DATE: I 11/01/05 ITEM #: I 6 ORDINANCE #: I 0-05-1551 CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW I N.A. Previous Action: 10/18/05 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a Zoning Change from CN to R20 on 1.31 acres on Tract A, block 1, located at 413 Timberline Drive South, Case Z-05-024 Second Reading and Public Hearing First Reading and Public Hearing Dino Idoski has submitted a request to change the zoning of 1.31-acres, located at 413 Timberline Drive South, from CN Neighborhood Commercial to R20 Single Family Residential. The applicant is seeking a zoning change in order to develop the property as single family residences. The property is currently vacant and located on the south side of Timberline Drive South, and on the west side of Bransford Road. The property is platted as Tract A, Block 3 of the Highland Acres Addition. In order to subdivide the property, approval of a subdivision replat will be required at a later date, upon approval of the rezoning request. The R20 zoning district requires a minimum lot area of 20,000 square feet. The property exceeds 20,000 square feet and meets the minimum requirements of the R20 zoning district. The developer has submitted a zoning exhibit illustrating the area to be rezoned. The subject lot, as shown on the zoning exhibit, appears to meet the R20 zoning requirements. At the September 12, 2005, Planning and Zoning Commission public hearing on this rezoning request, the applicant stated his plan is to divide the property into two or three lots fronting onto Timberline Drive South. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This particular goal includes objectives relative to this zoning change request: · Maintain the current leve/ of housing quality and density · Encourage redevelopment of older properties located along major collector streets into estate settings · Continue development of luxury residential areas while maintaining the "country fee/" along major collector streets Agenda Briefing Ordinance 0-05-1551 Page 2 of 3 If the rezoning request is approved, the developer's plan to front lots onto Timberline Drive South is not fully consistent with the goals and objectives of The Colleyville Plan, which promotes large estate development along the collector thoroughfare system. However, approval of the rezoning request would bring the property into conformance with the Land Use Plan, which shows this property as a future residential site. Residential Density. The Colleyville Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The subject property is located in the Neighborhood Two area as designated by The Colleyville Plan. The overall residential density within the Neighborhood Two area is 2.18 dwelling units per acre. The maximum residential density for the R20 zoning district is 2.1 dwelling units per acre. The applicant's proposed density is generally in compliance with The Colleyville Plan. Lot Sizes and Widths. The R20 standards allow for a minimum lot size of 20,000 square feet. The applicant proposes to create two or three single family lots. The property contains approximately 63,800 square feet, which will allow the platting of three lots that meet the 20,000 minimum square footage requirements of the R20 zoning district. However, the property only has 288 feet of frontage on Timberline Drive South and this dimension would only allow the platting of two lots. The minimum lot frontage in the R20 district is 100 feet. The applicant is aware of this issue, which was discussed at the September 12, 2005, Planning and Zoning Commission meeting. Surrounding Properties. The surrounding properties are a combination of single family residential, church, and agricultural zoning districts. The property to the north is zoned CN Neighborhood Commercial and is currently developed as a church. Properties to the northwest are primarily zoned R20 and are developed as single family residential uses. Properties to the south and west are primarily zoned R40 and are developed as single family residential uses. Properties to the west are zoned AG, and consist of City of Colleyville Parks and Recreation facilities (City Park). Development Trends. The development trends in this area primarily focus on single family development. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-way. If required at time of platting, the developer is responsible for the extension of water and sewer service lines to the individual lots. Property Taxes. According to information available from the Tarrant Appraisal District, the 1.31-acre parcel is valued at $15,000. The estimated City property tax revenue for the undeveloped property is approximately $52 annually. The future property tax revenue would depend upon the value of the individual lot and the value of the house built on the lot. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single- family residences are expected to generate 9.57 trips per day, on average. Agenda Briefing Ordinance 0-05-1551 Page 3 of 3 Public Notification. Staff mailed notices to eight (8) adjacent property owners regarding this request. Notice was published in the Fort Worth Star- Te/egram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this rezoning request on September 12, 2005 and recommended denial by a unanimous vote. The developer has submitted a written request, as provided by the Land Development Code, for the request to be considered by the City Council. The Land Development Code also requires a super-majority vote of the City Council to approve a rezoning request that has been recommended for denial by the Planning and Zoning Commission. Summary. The staff recommendation for approval is based on bringing the current zoning of the property into conformance with the Land Use Plan. If the property were to develop as a commercial property, which is allowed by right given the current CN-Neighborhood Commercial zoning, it would not be in harmony with the surrounding properties. Recommendation Approval Attachments · Zoning and Location Map · Portion of Future Land Use Plan · Zoning Exhibit from Applicant · Letter from Applicant · List of Property Owners Notified · Opposition Letter to Rezoning Request · Ordinance 0-05-1551 Zoning and Location Map D NORTH R-20 AG TIMBERLINE R-40 R-20 Portion of Future Land Use Plan Zoning Exhibit from Applicant BOIff" ~ -- ~ -- '''lIl'. ----"..r-----------~...------------4if I I .....J I I I , I Ii" ,. 1 . !lID ''',!f J if il ,I ,;! it I , I , I I I , I TJIIAcr " 8I.OCktl ... ...." ------...---- --- I , I I , I t ,. {! I I I , I Q ! - lit , I Ii. I I ItI'ctlYko _11_ ""- . '--- \ Letter from Applicant ~e/~' ~ jq O.i -'/"o C.r1J vr CG/I~"II/e fZ .;.. 2. of - () 2.'1 /2~1ve 5-1 Fe:; I!- ~ ;2..0 (\', It~ C L, Q(l~ Q... Fb L' \- '1/3 -;-1/71$etz!,#E D~ltle ~{}I/#. j)~ (lp?'J 51eik;} We. W'oJ te1lJ€!,~ <PI I ~/e. C 1"7 {oJ.,c I ( 1fIr;3 j.,j?J {v/.., lie f:c,/JP/.{j obelle.- r:Dtf-. ;?eJj?,'1 ((~e-. r7.0M ~fuJl- 2.(] ~ r/ 'jc5JU 1(We 7 iveJJ,/~ (1e..X!- C'Q It yv( e. =.j EI7 <Jt{; Q7.?? 1 y!;tIJ ~0s/CI ~:;/ ~.. &t:;~ /1- 2. 2.-1 IN d; an. + fe. . '0 II r/r 1 i/,.. .-:"'""i: / '7 / /' II V f".~ (x... . / (p Z--t:?2-. / . REit:t1Nfm I~'f&~ ',It 1 J 'r.l)' -,iti1,.it....._, --------~ - - ---.----- List of Property Owners Notified Hilliard, Jerry L 5112 Bransford Road Colleyville, TX 76034 Friedli, Peter F Ch De La Fontaine 6B 1260 Nyon Switzerland 00000 John Friedli, owner 2072 Placita De Vida Santa Fe, NM 87505 Hatfield, Raymond 409 Timberline St. S. Colleyville, TX 76034 John L. Slater 404 Timberline St. S. Colleyville, TX 76034 Shinn, Frances L PO Box 61 Colleyville, TX 76034 Dino Idoski, applicant 1224 Indian Road Roanoke, TX 76262 Church of Jesus Christ LDS 50 East North Temple Salt Lake City, UT 84150-0001 Opposition Letter to Rezoning Request SCOTT HADLEY 204 North Timberline Colleyville, Texas 76034 Home 817-498-5953 Office 214-520-2221 October 18, 2005 Mr. David Kelly Mayor City of Colleyville kellydcmci.colleyville. tx. us Transmitted via Email RE: Agenda Item #0-05-1551 Proposed Zoning Change for 413 Timberline South Case Z-05-024 Dear Mayor Kelly, I am a Colleyville resident nearby to the subject property referenced above. I will be unable to attend the 10/18/2005 meeting of the City Council during which this subject will be discussed. I ask that you please accept this letter and read it aloud during the meeting as part of the public discussion and enter it into the public record. Simply stated, I am very much opposed to the proposed zoning change, and I respectfully request the City Council vote to uphold the denial for the change as put forth by the Planning and Zoning Committee. In this case, I do not believe the proposed change bears the intent to achieve betterment to the Bransford Road corridor as a scenic collector route. In my opinion, I submit the following: · Please uphold the current, deep landscape setback in this frontage and disallow for a narrow lot with a side yard fence to crowd upon the roadway and disrupt the green, scenic vista that we now enjoy while driving on Bransford Road. · Please promote the use of this prominent corner property to serve as a prideful gateway to the neighborhood by disallowing an inappropriate use that does not serve the surrounding area beyond its own boundaries. The current CN uses and large, luxury residences are proven to be effective in this corridor for this purpose. · Please promote the positive evolution of the Highland Acres neighborhood into one of eventual large, luxury estate properties by disallowing a regretful precedent to be set of carving up highly desirable acres into mundane garden lots. Let us not forget that the original Colleyville neighborhoods, such as Highland Acres, represent the core values that formerly set the standard by which Colleyville now enjoys as being a nationally ranked "Best Place to Live". LTR-COLLEYVILLE OS-IOIS.DOC Page 2 of2 Agenda Item #0-05-1551 Case 2-05-024 October 18, 2005 I ask for the City Council to please protect the property-value interest and appearance of the surrounding neighborhood. Maintaining large lot sizes is arguably the greatest community standard that Colleyville has to offer. I give my thanks to you and to the Council for your service to our community and for your attention to this matter. Sincerely, Scott A. Hadley Copy: Cynthia Singleton Barry LeBaron singletonc~ci.colleyville. tx. us lebaronb~ci.colleyville.tx.us L TR-COLLEYVILLE 05-10 18.DOC ORDINANCE 0-05-1551 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.31 ACRES LOCATED AT TRACT A, BLOCK 3 OF THE HIGHLAND ACRES ADDITION, FROM THE CN NEIGHBORHOOD COMMERCIAL TO R20 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Dino Idoski on August 12, 2005, under Case No. Z-05-024; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-05-1551 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the CN Neighborhood Commercial to R20 Single Family Residential district, as depicted in the attached Exhibit "A". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-05-1551 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney .- .._.._,---~_.---_._~~."-"'_.._"'--'''-''- R-40 EXHIBIT A - ZONING MAP AG OPAL ETHRIDGE R-20 CD ~ Z C/) ""Tl o ;0 o R-20 CITY COUNCIL cc~'" AGENDA BRIEFING IL";X<l$ MEETING DATE: 11/01/05 ITEM # : 7 ORDINANCE #:: 0-05-1552 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW; Previous Action: 10/18/05 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Zoning Change from AG to R15 on 0.76 acres out of the Harrell Hughes Survey located at 1512 McCain Lane, Case Z-05-025 Second Reading and Public Hearing Update 11/01/05 The applicant provided a copy of a letter that was mailed to the properties in the vicinity of the site in question. The applicant also provided copies of the responses she received to her initial letter of September 30, 2005. Copies of these documents are attached to this agenda briefing. First Reading and Public Hearing Carolyn Apodaca has submitted a request to change the zoning of 0.76-acres, located at 1512 McCain Lane, from AG-Agricultural to R15-Single Family Residential. The applicant is seeking a zoning change in order to develop the property as single family residences. The property is currently vacant and located on the north side of McCain Lane. The property is not currently platted. In order to subdivide the property, approval of a subdivision plat will be required at a later date, pending approval of the rezoning request. The developer has submitted a zoning exhibit illustrating the area to be rezoned. The R15 zoning district requires a minimum lot area of 15,000 square feet. The property contains approximately 32,900 square feet, which exceeds the 15,000 square foot minimum requirements of the R15 zoning district. The Land Development Code does not require a proposed lot layout for rezoning requests for single family residential zoning districts; however the developer has provided a proposed lot layout for this property. The applicant indicated to the Planning and Zoning Commission, at the September 26, 2005, public hearing on the rezoning request, that it is her intention to divide the property into two lots. Both of the proposed lots would meet the minimum lot depth and area requirements. However, the property only has 188 feet of frontage along McCain Lane, which exceeds the 100 foot minimum required in the R15 District, but is insufficient to create two lots that will meet the 100 foot minimum lot frontage. The applicant is aware that approval of the rezoning request provides no assurance that a two lot plat will be approved by the Planning and Zoning Commission, since a waiver of the lot width provision will be required at time of plat approval. Agenda Briefing Ordinance 0-05-1552 Page 2 of 3 The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This rezoning request is consistent with The Colleyville Plan, which promotes: · Maintaining the current level of housing quality and density. Residential Density. The Colleyville Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The subject property is located in the Neighborhood Four area as designated by The Colleyville Plan. The overall residential density within the Neighborhood Four area is 2.15 dwelling units per acre. The maximum residential density for the R15 zoning district is 3 dwelling units per acre. Lot Sizes and Widths. The southern most lots in the adjacent neighborhood to the north, in the Monterra Addition, have an average lot size of approximately 14,500 square feet. The neighborhood to the south has an average lot size of approximately 19,000 square feet. Surrounding Properties. The surrounding properties consist of primarily single family residential uses. The properties to the north and east are zoned PUD-R Planned Unit Development Residential and are currently developed as single family residential uses. The property to the west is zoned AG Agricultural and is developed as a single family residential use. Properties to the south are zoned R20 and are developed as single family residential uses. Development Trends. The development trends in this area primarily focus on single family development. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. If required, the developer is responsible for the extension of water and sewer service lines to the individual lots. Property Taxes. According to information available from the Tarrant Appraisal District, the 0.76-acre parcel is valued at $45,000. The estimated City property tax revenue for the undeveloped property is approximately $156.33 annually. The future property tax revenue would depend upon the value of the individual lot and the value of the house built on the lot. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single- family residences are expected to generate 9.57 trips per day, on average. Public Notification. Staff mailed notices to eighteen (18) 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. Agenda Briefing Ordinance 0-05-1552 Page 3 of 3 Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this rezoning request on September 26, 2005 and recommended denial by a 4-2 vote. The developer submitted a written request, as provided by the Land Development Code, for the rezoning request to be considered by the City Council. The Land Development Code also requires a super-majority vote of the City Council to approve a rezoning request that has been recommended for denial by the Planning and Zoning Commission. Summary. The neighborhood to the south, Kingston Estates, was platted and developed in 1963. Staff's recommendation is based on the opportunity to see new development occur as "in-fill" development in this neighborhood. Recommendation Approval Attachments · Zoning and Location Map · List of Property Owners Notified · Zoning Exhibit from Applicant · Letter from Applicant · Opposition Letter to the Rezoning Request · Additional Information Provided by Applicant · Summary of Comments Received · Ordinance 0-05-1552 Zoning and Location Map D NORTH AG SITE R-20 List of Property Owners Notified Terry Mack McCain 1500 McCain Ln. Colleyville, TX 76034 Robert WRoth 1417 Douglas Avenue Colleyville, TX 76034 Rafiq R & Damani Surani 1409 Douglas Ave. Colleyville, TX 76034 Stephen & Lisa Kamp 1420 Douglas Ave. Colleyville, TX 76034 Kenneth & C S Lopez 1412 Douglas Ave. Colleyville, TX 76034 William & Noreen Houston 1408 Douglas Ave. Colleyville, TX 76034 Naushad Kabani 1400 Douglas Ave. Colleyville, TX 76034 James & Tracy Ann Gordon 6513 Ponderosa N. Colleyville, TX 76034 Joe Graham 6513 Kingston Dr. Colleyville, TX 76034 Kenneth & Wanda Garrett 6517 Kingston Dr. Colleyville, TX 76034 Don & Iris Martin 6516 Kingston Dr. Colleyville, TX 76034 Norma McCain 1516 McCain Ln. Colleyville, TX 76034 Patrick J & Heather Gural 1413 Douglas Ave. Colleyville, TX 76034 Wazir A & Gulnar Noorani 1416 Douglas Ave. Colleyville, TX 76034 John & Faye Long 1404 Douglas Ave. Colleyville, TX 76034 Dwight & Barbara Smith 6512 Kingston Dr. Colleyville, TX 76034 William Fuqua 6517 Ponderosa Ln. Colleyville, TX 76034 Arvel & Judy Bailey PO Box 747 Colleyville, TX 76034 e '~j, , 'I~' i Ii :=I'l&rrr-JJI. :=: Zoning Exhibit from APpHcant e ~. e ~,~~ IiJl,'fJl,'f. ,. ., ,...... ' J,..; It. e 4) ~.8V~.~~~ 303 Morningstar Court Colleyville, Texas 76034 469-964-6837 fax: 817-849-8138 capodaca@sbcalobal.net September 30,2005 Ms. Amy Shelley City of Colleyville Planning & Zoning 100 Main Street Colleyville, Texas 76034 RE: Case Z-05-025 Dear Ms. Shelley: I am requesting the City of Colleyville Council consider my zoning CaseZ-05-025 at the next available council meeting. Please advise me when this would take place and thank you for your assistance. ~ Opposition Letter to the Rezoning Request Planning and Zoning Colleyville Tx 76034 This will be short and sweet. Subject: zoning change for property on McCain Lane. I understand that the existing Ag zone may not apply. But I am strongly opposed to lots less than a half acre. A good job has been done in keeping subdivisions uniformed. I understand that some areas are tough to zone due to land locks. This property is surrounded by half acre lots or more. I hope that when you decide on the changes for McCain Lane, that you will consider what I expressed. Drive down our streets and have a look before you make up your mind. I do not want to lose that country feeling. I have lived on this street for 28 years. I have recently retired from the Colleyville Post Office after a 26 year tour. I have enjoyed living, shopping and working in Colleyville. Colleyville is an attractive place to live. Let's keep it that way. Thanks for all your hard work past and present. Thanks, Kay Hanzelka 6508 Kingston Colleyville Tx RECEIVED OCT 2 4 2005 Per .............. @ @ 'If 1 ffa..o. r III J nHi~" I~ If I ' ;~Iauil! $ tit ~~Jf~~~ " ~~uf'"~ I r!l ill f Ij IS i' = Ii III r IIJ~1 ~ _" iii ;; I !'l f'l'j l(I!J li;" ..It" fHi~ I:fl J I rJ lit lLrflL Ufi [lrJ I,I: e~ :rfl e~ E. If j3- ~~ :ri h TERR'r IIACl< _ WI.. _. PC. :J74 D.R.T.e.T. NJ .r~'~ I IWION t;) S n Io.j ~ ~ @) "tJ II ~s I~ @ U' !ljj 1~IIlH ;llf1d ~t. lifl ... I Irlf~lt [~rfJi -,. lif Ijflih f~t"'i t }!df fhlrf..~ ~l il.~sf i1'fU (JI'[H ~II' f . J,!li- JI:~!1 ht ,ur ~~Ih' hInt 11 hf m ~ ~ g ~ ~ ~ ,. ~E~~S ~~ @ J;~~I.: a ~ t @ \----- - \ ~; ~ i '~ ;~~! I ~I: ~ ,J" BJ to ~ " ;001<0".':' p i~ g. ~ ;' 1~ ~i ~ ~ @ " - ~".... co ;....:~~ ~ i ~ Zn~ ~ ~ / It. . ~~ I :r~ I ~I!l .~ ,Sf'sa 3..Sv,SloOO 5 -- WI.. , lID3. PO, 387 D.R. T.e.T. PUD-R ~o I eg ~ !~U1 8"a~0) ~o""O) 1;'2 s..... .:5 C:=>N ~1~eSt~Q(') ~ ~rJ a t;lj ~~ I:l: *.1 l; '""' rn f4 tr.1 f) * ila~n rnSoonS ~~i.!" ~ 0 ::i 1;'2i1 tI:I <: "%j JfJ S t!Ij ; ~:< &: · ~ >- Z ~tj 01 0) " 'Jf Ut 1~1 sl II.I9'llfs~ , " 1 s" ~ "'"I f "~~~~ !d ,!. H!S III J s' ~~I . JiI 10801 f, u I~ll.l . ~ .1 lS s IS. I d~. ~glllilllJ Iffsll f 'it If ll. s If It o !ff'J UlfJ'!F$[il ,I~il(! f ~ r;l ill.I'! I,i hd l f ... 1, J[ r I i 11~!F i + . !~: f.: H ! If (p' I ~ '1,', I' i :; 'rrl .::E !ll 11.1 ~ i~ fJli III !I:I ~ !~ 1:1 -: -ia Ill. It S ~i ~If tj 8 I il I ~ i ~~f !l Ii i I H r!. Additional Information Provided by Applicant ~.8V~~~~ 303 Morningstar Court Colleyville, Texas 76034 469-964-6837 fax: 817-849-8138 caDOdaca({D.sbcalobal.net September 30, 2005 Mr, and Mrs. Patrick Gural 1413 Douglas Ave Colleyville, Texas 76034 RE: Case Z-05-025 Request for zoning change from AG to R-15 Dear Mr. and Mrs. Gural: Hello, I am Carolyn Apodaca, the new owner of 1512 McCain Lane which is within 200 feet of your property. I am writing because this past Tuesday, the Planning and Zoning Commission denied recommending to the City of Colleyville my plans to rezone. 76 acres on 1512 McCain Lane from Agriculture to R-15. My plan is to subdivide the .76 acres into (2) lots that will have over 16,000 square feet for (2) new constructed houses in the square footage range of 1800-2800. My plan is for the homes to be built approximately 55' from the frontage on McCain which would allow the existing trees to remain. The homes would be of brick or stone construction, composition roofs and concrete driveways. If you agree to my plan, I would very much appreciate your help with my plans by signing the enclosed postcard and returning to my office. If you would like to discuss my plans or offer your comments, please feel free to call me at 469/964-6837 or email meatcaDodaca(ijJ.sbcalobal.net I could also use your support at the council meeting when the denial will be heard from me in front of City Council. Thank you very much! RE: 1512 McCain Lane Colleyville, Texas 76034 Case: Z -05-025 YESt I SUPPORT THE REZONING OF 1512 McCAIN LN. FROM AGRICULTURE TO R-15. -(.. Ix.. 1(, ~3f 100 Thank Yo ry much for your time and interest. Carolyn E. Apodaca, Delta 8 Properties, LlC Ph: 469/964-6837 Email: capodaca(ii)sbcglobal.net Loneyvnre~lexaS-76U54 Case: Z -05-025 YESt I SUPPORT THE REZONING OF 1512 McCAIN LN. FROM AGRICULTURE TO R-15. SIGNED BY~ ,;.-. , c.u:, Addres,: rJt:?~ /fA' c C /I- /4 ~ ~ AnYjo~m~tsy%wishtoshare: ? ~J {i'~ 7 irE tJ. v ~t1l'1r IAI? fc -A! Thank You very much for your time and interest. Carolyn E. Apodaca, Delta 8 Properties, LLC Ph: 469/964-6837 Email: capodaca(Q)sbcglobal.net RE: 1512 McCain Lane Colleyville, Texas 76034 Case: Z -05-025 YESt I SUPPORT THE REZONING OF 1512 McCAIN LN. FROM AGRICULTURE TO R-15. ?It}~ Summary of Comments Received Address Comment 6516 Kingston No comment. 6517 Kingston No problem. 6500 Kingston Ok. Will talk wi wife. Doesn't see where it would be any problem, 1516 McCain Lane No comment 6512 Kingston No big house, mansions too 6505 Ponderosa Ok, but wants to talk wi wife 6508 Kingston Would like 1 house on % acre No address listed No problem survey good luck with it 1514 McCain Lane Probably would approve ok wi idea but wants to check wlhusband 1500 McCain Lane No comment ~ ~ (I ~ ~ 2: :/ .~ I ,1:1 (' ..r)~ d :q V;>1 ~ :. ~"'-;'\I . 'I / _:;',/ ~ ! I./J ~:..... 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'" - -~'_."'-"'"""--''''''''''''----""",,~",", ORDINANCE 0-05-1552 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 0.7566 ACRES IN THE HARRELL HUGHES SURVEY, A-656, LOCATED AT 1512 McCAIN LANE, FROM THE AG-AGRICUL TURAL TO THE R15-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Carolyn Apodaca on August 23,2005, under Case No. Z-05-025; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-05-1552 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. See, 3. Sec. 4. Sec. 5. Sec. 6, Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety, THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural to R15-Single Family Residential District, as depicted in the attached Exhibit "A" and described in the metes and bounds description attached as Exhibit "B". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. Ordinance 0-05-1552 Page 3 of 3 The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G, Boyle City Attorney ,. ~._~.....""_.___.__.~_..._~_"_.._.".~._~~_~'"._._...._.u____ EXHIBIT A - ZONING MAP AG R-20 EXHIBIT B - METES AND BOUNDS FIELD NOTE DESCRIPTION ALL that certain tract or parcel of land situated in the HARRELL HUGHES SURVEY, Abstract No. 656, in the City of Colleyville, Tarrant County, Texas and being that some tract described to Terry Mock McCoin os recorded in Volume 6689, Page 376, Deed Records, Tarrant County, Texas ond being more particularly described by metes and bounds os follows; BEGINNING ot a 1/2 inch copped steel rod stomped .MOAK SURV INC. set at the southwest comer of said McCoin tract and being in the north right-of-way line of McCain Lane (a 60' right-of-way); THENCE NORTH with the west boundary line of said McCoin tract, 175.52 feet to a 5/8 inch steel rod found at the northwest corner of said tract; THENCE South 89 degrees 57 minutes 08 seconds East with the north boundary line of said tract, 187.47 feet to 0 3/8 inch steel rod found at the northeast corner of said tract; THENCE South 00 degrees 15 minutes 45 seconds East with the east boundary line of said tract, 175.35 feet to a 1/2 inch steel rod in concrete found at the southeast comer of said tract and being in the said north right-of-way line of McCoin Lone; THENCE South 89 degrees 59 minutes 39 seconds West with the south boundary line of said tract and said right-ot-way line, 188.27 feet to the place of beginning and containing 0.7566 acre of land, more or less, os surveyed by Moak Surveyors, Inc. in the month of August, 2005. Existing fence= 500 Wagonwheel Court --- - - Existing hedge= ," , -, ",,' Proposed cross-fence= + + + ----~ I i i j - -- - - - - - - - - - - - - ( \ (\ ,J"----'; " I t~r----j I . I I , I I I . . I I , . ;-----------: I i I I I , I , , I , , I , I I , /l , I \~r ,,' , , , '..++++++++ .. , .. , , , \ \ , . -- ------- --- ------_...: .... II. N ~ i--~ j . 1 ~ I · I \.--------- I I 95.8 Ft Scale: 1" = 60 Ft ti Cl) 0. " - 41 foot buffer (4300 Sq Ft) The distance from the front of our house to the southern property line is 148 feet. This area totals 22,000 sq ft of which 10,000 sq ft is landscaped front yard. Our front area is larger than an R-20 lot. Three possible solutions to satisfy southern neighbor's concerns: · 41 foot wide buffer zone which represents an area of 4300 square feet of our property. This would create a distance of 115 feet between the horses and the home to our south. Forty-one feet is 11 feet more than the building set-back required for R-20, We would ask that the horses occasionally be allowed to graze this area when grass is of a mowable height. This area will be cleaned daily if necessary, . A wall of hedges which would attain a height of 6 feet within 3 years along the southern fence line and a buffer zone of 10 feet in width in which the horses would not be allowed. This would provide visual screening as well as act as a windbreak. 10 feet is the side-yard requirement for R-20. · Rebuild the fence along the southern line using wood planks and maintain a 10 foot buffer zone in which the horses would not be allowed. CITY COUNCIL cc0", AGENDA BRIEFING 11:X'<\S MEETING DATE: I 11/01/05 ITEM #: i 8 ORDINANCE #: i 0-05-1553 CITY MANAGER ! DEPARTMENT HEAD : FINANCE REVIEW ! Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a Special Use Permit to allow horses on Lot 29, Block 4 of the Western Trails Addition located at 500 Wagonwheel Court, Case Z-05-028 First Reading and Public Hearing Larry and Susan Austin have submitted a request for a Special Use Permit to allow horses on their property, located at 500 Wagonwheel Court. The property is zoned R20-Single Family Residential and a Special Use Permit is required to permit horses on the property in the R20 district. Mr, Austin initially submitted an application to rezone the property from R20 to R40- Single Family Residential, which allows horses by right. However, at the October 10, 2005, Planning and Zoning Commission public hearing, comments from adjacent property owners resulted in the Commission tabling the rezoning request to allow the applicant to modify his request for a Special Use Permit. The applicant met with staff to outline the specific conditions of the Special Use Permit and agreed to the modification of the original rezoning request. New notices were mailed to the surrounding property owners, A Special Use Permit allows the Planning and Zoning Commission to recommend conditions to the approval of the Special Use Permit to address neighborhood concerns, Included with the agenda packet material is a copy of a petition signed by several neighbors in support of the request to allow horses on the property, Also included, is a letter from an area Realtor expressing an opinion regarding property values. The following excerpt is from the Land Development Code regarding horses in the R20 zoning district: Section 24.C - Table of Permitted Uses Zoning DI.trlct l:Jl IlJ i ~ ~ ll) Q .... :r: 0 z ..... $"t M ..J land Use Classification .... & t1. U 8 u <( IX: 0:: It: It:: 0:: It:: 0:: :t U 0 (.) (.) :Ii Private horse stables for domestic use . . . S S Note: "s' Requires approval of a Special Use Permit. Agenda Briefing Ordinance 0-05-1553 Page 2 of 3 The property, located on the north side of the cul-de-sac at the eastern end of Wagonwheel Court, is currently developed as a single family residence. Two horses are currently stabled on the property. City staff received a complaint from a neighbor regarding the permanent keeping of horses within an R20 zoning district. In order to permit horses within an R20 zoning district, the Land Development Code requires that a Special Use Permit be approved by the City Council. Questions arose regarding whether the keeping of horses on this property would be "grandfathered" under current regulations. According to available City records, the property has been zoned R20 Single Family Residential since approximately 1976 and the City of Colleyville zoning ordinance at the time did not permit grazing animals within the R20 zoning district. The following is an analysis of the major issues associated with this rezoning request. Surrounding Properties. The surrounding properties consist of primarily single family residential uses. The properties to the north, west and south are zoned R20 Single Family Residential and are currently developed as single family residential uses. The property to the east is zoned R40 Single Family Residential and is developed as a single family residential use. Development Trends. The development trends in this area primarily focus on single family development. Public Notification. Staff mailed notices to fifteen (15) adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received two letters in opposition to this request, which are attached. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this request at the October 24, 2005, meeting and recommended approval by a unanimous vote, subject to the following condition: a. To require the horses be kept behind a line even with the southern most part of the house and perpendicular with the east property line. Recommendation Approval Attachments · Zoning and Location Map · List of Property Owners Notified · Zoning Letter from Applicant · Letters in Favor to Rezoning Request Agenda Briefing Ordinance 0-05-1553 Page 3 of 3 · Letters in Opposition to Rezoning Request · Ordinance 0-05-1553 Zoning and Location Map D NORTH Hahn, Edward K Etux Doris Edward & Doris Hahn Trust 7500 Windswept Trail Colleyville, TX 76034 Mudge, Christine V 505 Wagonwheel Court Colleyville, TX 76034 Trotter, Byron S 504 Wagonwheel Court Colleyville, TX 76034 Johnson, Jennifer A The Jennifer A Johnson Trust 509 Frontier Court Colleyville, TX 76034 Monier, Paul M Etux Kathleen 500 Frontier Court Colleyville, TX 76034 List of Property Owners Notified Harris, Wesley 0 Etux Karen T 513 Wagonwheel Court Colleyville, TX 76034 Sowell, Charles R 509 Wagonwheel Court Colleyville, TX 76034 Lord, George E 501 Wagonwheel Court Colleyville, TX 76034 Larry & Susan Austin, applicant 500 Wagonwheel Court Colleyville, TX 76034 McAllister, Donald B 508 Wagonwheel Court Colleyville, TX 76034 Jackson, Chris Etux Monica 7703 Overland Trail Colleyville, TX 76034 Speed, Douglas E Etux Loretta 505 Frontier Court Colleyville, TX 76034 Cruce, John H Etux Marcia 501 Frontier Court Colleyville, TX 76034 Darling, Polly 504 Frontier Court Colleyville, TX 76034 Hazlewood, Gary H Etux Etal 7600 Windswept Trail Colleyville, TX 76034 Zoning Letter from Applicant We purchased and moved to 500 Wagonwheel Court in the Western Trails addition ofColleyville in May 1991. The covenants for this addition state "livestock, horses, poultry or animals considered as pets for family use only may be raised, bred or kept as pets for pleasure on any lot. . . All to be in accordance and in compliance with the City of Colleyville ordinances." Our daughters were quite young at the time. However, we knew that when they were older we would like to have horses. We called City Hall and were told that we could have one horse per half-acre of land. The lady we spoke with did not mention zoning or ask where our property was located in Colleyville. Now fast forward several years to 200 1. Our younger daughter, Michelle, very much wanted to have a horse and to learn to ride. We bought two Foundation Quarter Horse fillies and stabled them at a friend's house. Through weekly lessons Michelle became proficient in horsemanship. She began taking barrel racing lessons and training her horse for that activity. When she entered Grapevine High School in 2004, Michelle joined the Rodeo Club at the school. Now in her sophomore year she is taking classes in Wildlife Management and Equine Science. We decided that Michelle would benefit by sharing in the daily care and upkeep of the horses. We also decided the horses would benefit if we stabled them on our acreage because they would have closer supervision. A friend mentioned we should check on zoning. We made three visits to Clayton Husband in Colleyville's Zoning office to discuss zoning and codes. It was then we discovered that we were zoned only R-20. Mr. Husband advised us to talk with the neighbors about our plans and to periodically bring the horses to our property so the neighbors would be aware that they were there. He further advised that if there were no complaints during these visits we could move the horses to our property on a permanent basis. We followed this advice and nineteen months ago we moved the horses to our property. Adjacent to the barn, the horses are in separate enclosed stalls each night. Each stall and each pasture is mucked on a daily basis. The horses spend mornings at the rear of the property eating hay. In the afternoon and early evening the horses are in the front pasture grazing on grass. The neighbors bring children and grandchildren to visit. They climb on the fence rails to reach over and pat the horses and often bring them a treat. It is our request to rezone from R-20 to R-40 and to keep the horses on our property for the following reasons: 1. Colleyville's regulation for an R-40 designation is 40,000 square feet with a minimum width and depth of 150 feet. Our property with 1.87 acres has 81,457 square feet. Our width is 179 feet and our depth is 458 feet. 2. The entire east side of our property (458 feet) is adjacent to R-40 property . 3. An R-40 zoning allows our property to be designated as horse property and increases the value of our land. 4. Having the horses at our home provides a neighborhood ambience that is very in keeping with the spirit of Colleyvill~a peaceful rural feeling in the midst of the hustle-bustle of urban living. Respectfully submitted, i/AL~ ~141Uu ~ Larry and Susan Austin, owner and applicant ( ZONING EXHIBIT Applicant: Larry and Susan Austin, 500 Wagonwheel Ct., Colleyville, TX, 76034 Owners ofRccord: Larry Austin and Nancy Shepherd, 500 Wagonwheel Ct., Coneyville, TX, 76034 Gross Area In Sq, Ft. % ofTotal Area 81,457 100% 2,180 2.7% 1,555 2,0% 1,475 2.0% 76,247 93.3% Legal description for 500 Wagoowheel Court: Lot 29, Block: 4, Western Trails Section 2, an addition to the City of CoUeyville, Tarrant County, Texas. Plat recorded in Vol. 388-80, Pg. 56, Plat Records, Tarrant County, Texas. Adjacent property on West: Single family, zoned R-20 Wa.oawlaeel Court Scale: I" '" 50 ft Key: 1. S..... ramily dwelUB, 1. Bara 3. Two-staU laone stable Adjacent!.roperty on North: Single family, zoned R-20 178.7 It 12.-0 c on i c on i Adjacent property on East: Single family, zoned R-40 95.8 ft Adjacent property on South: Single family, zoned R-20 V~~,l '-II Texas Jied ~U ,,' Our daughter, Michelle, with the horses The barn and stalls are in the background Bayley Rosie Letters in Favor to Rezoning Request -WIL .J ~ I o...AiL ~ ~ kk ~ ~ kSJlS h'v.Q. eLk- !Joo JJ~ ~. ~fv1~ 513 W~c1\ALu~ Cf- ~~ u G\l ~w\uuLQ ~t ~y Ovcy!(j)7HrQ,-; IUOL! ().JP,/uJ ~fA ,,1 51; lu~tM-~ q. ~\~ ~.- 50q Wo.-~ 0:. ~~"-"'" RF,M~ October 10, 2005 Subject: Having Horses in a Residential Area To Whom It May Concern: I have been a real estate broker in this area for over 25 years. I have listed and sold properties during this entire period as well as managing two offices. It is my professional opinion that having horses in a residential area does not devalue that property or the surrounding properties. In fact, because it is so hard to find properties that do allow horses without having to move miles and miles from the metroplex that property can become more valuable. People still associate land and horses with Texas so it is in keeping with our image. An attractive property that allows horses is a valuable asset. Yours truly, ~?f~ Kathee Livengood U Broker/Associate IB REALTOR. RfAiJl< METRO-DFW 1230 S. Main St. Grapevine, Texas 76051 Office: (817) 481-5851 Toll Free: 1-800-322-7362 Fax: (817) 424-1633 Website: www.metrodfwhomes.com Gl Each Office Independently Owned and Operated Letters in Opposition to Rezoning Request From: CHRISTINE V MUDGE Dfosterm@sbcglobal.net) Sent: Saturday, September 24,20059:37 PM To: Chris Fuller Cc: Amy Shelley Subject: Case Number: Z-05-028 In reference to the above case, I would like to voice my opposition to the change in zoning from RlO to R40. Since I will be out of State for the October 10 meeting, it is necessary for me to utilize this means of communication.! would refer the Planning and Zoning Commission to Paragraph 3 of the Master Plan Vision Statement which pledges visually pleasing and attractive landscapes to residential and commercial enviomments.In my opinion, the fence facing my property and enclosing the Austin's front yard is anything but asthetic. I believe it is out of compliance with Colleyville law to fence one's front property and in addition, use that property to pasture two horses. I feel that this situation devalues my property and I ask the Commission to seriously consider this request as not in the best interest of others in the neighborhood.Please see that this request if forwarded to members of the Planning and Zoning Board. Chris Mudge 505 Wagonwheel Court ( September 30, 2005 Planning and Zoning Committee: My name is Gene Lord. My wife, Jimmie, and I have lived at 501 Wagonwheel Court for 25 years, Our neighbors, the Austins, who live at 500 Wagonwheel Court, want to change the zoning on their lot from R20 to R40 so that they can keep horses on their property, We oppose the rezoning request. Vle believe that the purpose of Planning and Zoning ordinances is to protect the property values and quality of life of our neighborhoods.We believe that our property value has been negatively affected, and we know that our quality of life has been negatively affected. We apologize for not being there in person to express our objections on this change. We are on an extended vacation for which reservations were made a year ago. The Austins have had two horses on their lot for just over a year, with horse fence within inches of our front yard. I grew up on a ranch where we always had six to eight horses. We never smelled horse manure in the vicinity of our house. That is currently not the case. Although, the Austins try to be responsive to complaints, there is no way we cannot be affected with the horses that close. Sometimes we have smelled manure when we opened our front door, more at the mailbox, and frequently in am working in the garden near the fence. Our friend who owns a home renovation company and a local realtor have both told us that the presence of the horses has lowered the value of our property. The realtor said "10 percent off the top" and that there would be a major impact on curb appeal if we were to try sell our home A considerable area of the lot at 500 Wagonwheel Court is a steep, rocky, brushy hillside, unsuitable for horses. The area remaining for the horses after the house, outbuildings, and front and back yards is very limited, We respectfully request what you deny the Austins request to change the zoning at 500 Wagonwheel Court from R20 to R40. j~~ ~- .P:2i G'~;;Ji~mie Lord ~-,--,~_._",--~,-"",,--,~,-,_.'~"""--"'-"'~~'-~"-".'~'-~'-"",-''---' ORDINANCE 0-05-1553 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW HORSES ON LOT 29, BLOCK 4, WESTERN TRAILS ADDITION, LOCATED AT 500 WAGONWHEEL COURT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Larry Austin on September 16, 2005, under Case No. Z-05-028; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-05-1553 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit to allow horses on the premises on Lot 29, Block 4, Western Trails Addition, located at 500 Wagonwheel Court, subject to the following conditions: a. To require the horses be kept behind a line even with the southern most part of the house and perpendicular with the east property line. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. EXHIBIT A - ZONING EXHIBIT ZONING EXHIBIT Applicant: Larry and Susan Austin, 500 Wagonwheel Ct., Colleyville, TX, 76034 Owners of Record: Larry Austin and Nancy Shepherd, 500 Wagonwheel Ct, Coneyville, TX, 76034 Gross Area In Sq. Ft. % of Total Area 81 457 100"A. 2 180 2,7% 1555 2.0% 1475 2.0% 76247 93.3% Legal description for 500 Wagonwheel Court: Lot 29, Block 4, Western Trails Section 2, an addition to the City of CoUeyvi11e, Tarrant COWIty, Texas. Plat recorded in Vol. 388-80, Pg. 56, Plat Rec;ords, TlpT8l1t County, Texas. Adjacent property on West: Sinsle family, zoned R-20 Waaonwbeel Court Adjacent !,roperty on North: Single family, zoned R-20 178,7 ft 2. 0 4:: "1 ... ~ 9S.8 ft Adjacent property on South; Single family, zoned R-20 Key: 1. Smale ramUy dwelling 2, Bal'll 3. Two-stall bone stable 4:: ~ . Acljacent property on East: Sinsle family, zoned R-40 Horses to remain behind this line. CITY COUNCIL ccen", AGENDA BRIEFING IC,':>.:.,:; MEETING DATE: 11/01/05 ITEM #: 9 RESOLUTION #: i R-05-2616 CITY MANAGER i DEPARTMENT HEAD ! FINANCE REVIEW i NIA Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Approval to Change the date of the second regular City Council meeting in December 2005 Reading and Public Hearing The City Charter, Article III The Governing Body, Section 3.09, provides that, "The City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule....." The Council Rules of Procedures, Section III. Types of Meetings, 3.1, provides that, "The City Council shall meet in the City Hall on the first and third Tuesday of each month at 6:45 p.m. unless otherwise officially established by the City Council." The City Council desires to change the date of the second regular City Council meeting in December from Tuesday, December 20, 2005 to Tuesday, December 13, 2005. Attachments · City Charter, Article III The Governing Body, Section 3.09, excerpt · City Council Rules of Procedure, Section III. Types of Meetings, 3.1, excerpt . Resolution R-05-2616 CHARTER of city Of Texas Revised May 7, 2005 n~ Section 3.07 Powers of the City Council: All powers and authority granted to the City by the Constitution of the State of Texas shall be vested in the City Council, except as otherwise provided by State law or this Charter. The City Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed upon the City by State law and this Charter. In addition to the provisions set forth in Section 3.06, the City Council shall have the power to authorize the City Manager to sign a specific contract or expenditure; provided, however, the City Manager shall not be authorized to sign any bonds issued under any provisions of the Charter. (Amended May 7,2005) Section 3.08 Forfeiture of Elected Office: (A) Except where authorized by State law, a Mayor or City Council Person shall: (1) Resign their current office at the time of filing for any publicly elected position if their term extends past the beginning of the position sought; (Amended May 7, 2005) (2) Not hold any compensated appointive City office or employment with the City during the term for which elected; and (3) Not hold any compensated appointive City Office or employment with the City until one (1) year after the expiration of the term for which elected, (B) Appointments and/or removals of City employees, The members of the City Council shall in no way dictate the appointment or removal of any City administrative officer or employee whom the City Manager or any of his subordinates are empowered to appoint, unless otherwise provided in this Charter. (Amended May 7, 2005) (C) Interference with Administration, Except for the purpose of inquiries and investigations by the direction of the City Council, unless provided otherwise in this Charter, the City Councilor its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately, except in a state of declared emergency, (D) Admission of liability, Neither the City Council nor its members shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City's liability therein. Section 3.09 Meetings and Rules of Procedure: (A) Meetings of City Council. City Council meetings shall be held at the City Hall or such place within the City of Colleyville that the City Council shall direct. The 7 City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule. In the event of a lack of a quorum at a regularly scheduled meeting, the meeting shall be opened and the roll call taken, recorded and adjourned until the regular or called special meeting, Special meetings may be held on the call of the Mayor or four (4) members of the City Council at the place within the City of Colleyville designated in the public notice, All meetings shall be held and public notice thereof given as required by State law, (Amended May 7,2005) (B) Minutes and Rules. The City Council shall determine its own rules and order of business, and shall provide for keeping minutes of its proceedings and post copy on the City Bulletin Board until the next meeting, The minutes shall be a public record, (C) Quorum and Voting. Four (4) voting members of the City Council shall constitute a quorum. Voting, except on procedural motions, shall be by roll call and the "ayes" and "nays" shall be recorded in the minutes, The Mayor and every City Council Person shall vote on all issues unless there is a declared and recorded statutory conflict of interest. If because of a statutory conflict of interest a member steps down and remains in the Chamber to return after the item is resolved, then a quorum will be considered in attendance even though only three (3) City Council Persons are left to vote, However, no action shall be approved with less than four (4) affirmative votes, If during the course of a meeting a quorum ceases to exist, the meeting shall be deemed adjourned and no further business shall be conducted, (Amended May 7, 2005) Section 3.10 Investigation by the City Council: The City Council, by majority vote, shall have authority to inquire into the conduct of any office, department, agency, City Council member, officer or employee of the City, and to make investigations as to municipal affairs, and for that purpose the City Council shall have the power to authorize the Mayor to subpoena witnesses, administer oaths, and compel production of books, documents, or other evidence, Failure to obey such subpoena or produce books, documents, or other tangible evidence as ordered under the provisions of this Section shall constitute cause for removal from office, (Amended May 7, 2005) Section 3.11 Ordinances in General: The City Council shall legislate by ordinance, and the enacting clause of every ordinance shall be, "Be it ordained by the City Council of the City of Colleyville," The City Attomey shall approve as to legality prior to final action by the City Council. Every ordinance enacted by the City Council shall be signed by the Mayor or Mayor Pro-Tem in the Mayor's absence, and shall be filed with and recorded by the City Secretary, All ordinances exclusive of emergency ordinances as defined by Section 3,12, shall be read in open meeting of the City Council at two (2) consecutive regular City Council meetings. The caption only of each proposed ordinance shall be read at the first and second reading, provided, that upon the request of any three (3) members of the City Council, the 8 COLLEYVILLE CITY COUNCIL RULES OF PROCEDURE Rules of Procedure Page 3 of 11 2.11 Suspension of Rules. Any provisions of these rules not governed by State law, the City Charter, or City Code may be temporarily suspended by a majority vote of all Councilmembers present and eligible to vote, 2,12 Executive Session. All matters discussed in Executive Session, as authorized by the Texas Open Meetings Act, may be deemed confidential and by law, participants authorized to attend Executive Sessions are not required to make public disclosure concerning the matters discussed in Executive Session, It shall be the policy of the City Council, that the Mayor, individual Councilmembers, the City Manager, City Attorney, City Secretary and others who are authorized to attend Executive Sessions shall not make selective disclosure of confidential matters, where the disclosure of the information has not been released to the general public and/or where such disclosure provides an unfair advantage to the recipient or would be detrimental to the City and its citizens. For the opening and closing of an Executive Session, the Mayor shall do such at the location as noted on the official agenda notice posted in compliance with the Texas Open Meetings Act. For purposes of regular agenda meeting postings, the opening and closing of an Executive Session shall be done in the Executive Conference Room of City Hall. SECTION III. TYPES OF MEETINGS 3.1 Reoular Meetinos. The City Council shall meet in the City Hall on the first and third Tuesday of each month at 6:45 p.m. unless otherwise officially established by the City Council. The City Council shall take a vote at 12:00 a,m. on whether or not to continue a meeting for additional time if further items are on the agenda and have not been considered. The call for and conduct of all meetings of the City Council, both regular and special as provided in Section 3.2 hereof, shall be in accordance with State law. 3.2 Special Meetinos. Special meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager. The call for a special meeting shall be documented and filed with the City Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all Councilmembers are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, shall list the subject or subjects to be considered and a Public Notice shall be posted at least 72 hours before the meeting is scheduled to begin. In accordance with State law, the notice to the public of an emergency meeting must be posted at least two hours before the meeting is scheduled to begin. An emergency meeting exists only if immediate action is required of a governmental body because of an "imminent threat to public health and safety" or a "reasonably unforeseeable situation". RESOLUTION R-05-2616 A RESOLUTION CHANGING THE DATE OF THE SECOND REGULAR CITY COUNCIL MEETING IN DECEMBER 2005 WHEREAS, the City Charter, Article III The Governing Body, Section 3.09, provides that, "The City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule". WHEREAS, the City Council Rules of Procedures, Section III. Types of Meetings, 3.1, provides that, "The City Council shall meet in the City Hall on the first and third Tuesday of each month at 6:45 p.m. unless otherwise officially established by the City Council." WHEREAS, the City Council desires to change the date of the second regular Council meeting in December 2005 from Tuesday, December 20, 2005, to Tuesday, December 13, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the second regular Council meeting in December 2005 will be held Tuesday, December 13, 2005. APPROVED ON THIS THE VOTE OF AYES, DAY NAYS AND 2005, BY A ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton City Secretary David Kelly Mayor RESOLUTION R-05-2617 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF NOVEMBER 1, 2005 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. 2005, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor