HomeMy WebLinkAboutCity Council-Agenda Packets-3/20/2007
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City of Colleyville
Agenda
City Council
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Tuesday, March 20, 2007
CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Presentation and overview of Tarrant County Projects by Commissioner
Fickes
PC-2 Discussion regarding proposed Comprehensive Development
Agreement (CDA) legislation and probable impacts on Dallas-Fort Worth
(DFW) transportation projects
PC-3 Presentation of the Monthly Financial Report - February 2007
PC-4 Discussion of the proposed amendments to the Records Management
Ordinance 0-90-797
PC-5 Review of proposed web pages detailing the Capital Improvement Plan
PC-6 Update concerning RFP process for refuse and recycling services
PC-7 Discussion of the March 20,2007, City Council regular agenda items
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 - Legal - Consultation with Attorney on Legal Issues
Raised by Public Hearing or Action Items on the Agenda
Sec. 551.071 - Legal - Discussion of litigation - Raman Chandler v.
City of Colleyville
Sec. 551.071 - Legal - Discussion of litigation - Charleda Jean Elliott
v. John Smith, Wildwood Suites Property Management, Inc., Ian
Robert Smith, Montclair Pare Homeowners Association, Inc.,
Montclair Pare, Inc., and the City of Colleyville
City of Colleyville
Page 1
Printed on 3/16/2007
City Council
Agenda
March 20, 2007
Sec. 551.072 - Property - Deliberate the purchase, lease, exchange
or value of real property
Sec. 551.087 - Economic Development - Discuss and deliberate
commercial and financial information received from business
prospects the City seeks to have locate, stay or expand within the
City
REGULAR MEETING
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Dorothy Eggering, Good Shepherd Catholic Community
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-07-2819
3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL
AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
Presentation
Recognition of employees for years of service
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-07 -2820
4a Approval of the minutes of the regular City Council meeting of March 6,
2007
4b Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres
located in the 1600 block of Sanders Lane, Case P-07-009
4c Approval of a donation of up to $10,000.00 from the Colleyville Baseball
Association for a lightning detector system at City Park
4d Approval of a donation of $5,000.00 from the Colleyville Baseball
Association and a donation of $2,500.00 from the Colleyville Girls
Softball Association for artificial turf replacement at Reagan Park
4e Approval of a local historical marker entitled "Frontier Justice" to be
placed at the Riley Family Cemetery
City of Colleyville
Page 2
Printed on 3/16/2007
City Council
Agenda
March 20, 2007
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a
0-07-1611
Approval of a Zoning Change from AG-Agricultural to R20-Single Family
Residential on 6.4 acres out of the George W. Teeter Survey located at
1301 Glade Road, Case Z-07-005
5b
0-07-1612
Approval of a Zoning Change from AG-Agricultural to R20-Single Family
Residential on 0.65 acres out of the S.C.H. Witten Survey located at
5504 Montclair Drive, Case Z-07 -006
5c
0-07-1613
Approval to an Amendment to Chapters 9 and 14 of the Land
Development Code regarding emergency access gate maintenance,
Case G-07 -007
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-07-1614 Approval for a Special Use Permit for alcohol sales on Lot AR of the
E.M. Thompson Subdivision located at 5224 Colleyville Boulevard, Case
Z-07 -003
6b 0-07-1615 Approval to declare unopposed candidates in the May 12, 2007, General
Election elected to office and canceling the election
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
8. REPORTS:
Senior Center Advisory Committee Minutes - January 18, 2007
Parks and Recreation Advisory Board Minutes - February 5, 2007
Zoning Board of Adjustments Minutes - February 13, 2007
Planning and Zoning Commission Minutes - February 26, 2007
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 20, 2007
- READING AND PUBLIC HEARING - Resolution R-07 -2821
10. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
March 16, 2007, by 5:00 p.m.
City of Colleyville
Page 3
Printed on 3/16/2007
City Council
Agenda
March 20, 2007
~~:a~
Cynthia Singleton, TRMC, C
City Secretary
Any matter on this agenda may, at the discretion of the governing body, be opened for public
comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville
Page 4
Printed on 3/16/2007
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City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Version:
File Type: Pre Council
Agenda Date: 03/20/2007
Agenda No.: PC-1
Status: Pre Council
Controlling Body: City Council
Final Action:
File Number:
Requester: Budget and
Administrative
Services
File Name: Presentation and overview of Tarrant County Projects by Commissioner Fickes
Attachments: Current City-County Street Projects.pdf
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 03/20/2007 City Council
Title
Presentation and overview of Tarrant County Projects by Commissioner Fickes
Explanation
Commissioner Fickes will provide a presentation and overview of Tarrant County projects.
Attached is a current City-County project list with funding sources.
City of Colleyville
Page 1
Printed on 3/14/2007
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City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number:
Version: 1
Requester: Budget and
Adm inistrative
Services
File Name: Discussion regarding proposed Comprehensive Development Agreement (CDA) legislation and
probable impacts on Dallas-Fort Worth (DFW) transportation projects
File Type: Pre Council
Agenda Date: 03/20/2007
Agenda No.: PC-2
Status: Pre Council
Controlling Body: City Council
Final Action:
Attachments: Sample letter to Texas Legislators,pdf
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 03/20/2007 City Council
Title
Discussion regarding proposed Comprehensive Development Agreement (CDA) legislation
and probable impacts on Dallas-Fort Worth (DFW) transportation projects
Explanation
Senate Bill 1267 and House Bill 2772 call for a moratorium on Comprehensive
Development Agreements (CDA) for transportation projects. A CDA is the preferred tool
TxDOT uses to enable private investments in the Texas transportation system. It provides
for a competitive selection process, and typically accelerates project financing, construction,
and maintenance. The proposed legislation imposes a two plus year moratorium on CDAs.
However, a two year moratorium would potentially delay transportation projects for several
years beyond the moratorium due to planning, construction scheduling, and funding. DFW
communities have planned to utilize CDA revenues in order to make improvements to
transportation infrastructure. Projects such as the North Tarrant Express
(SH183/1H820/IH35W) and the DFW Connector (Grapevine Funnel) could be impacted by
this legislation and delayed by several years.
The Tarrant Regional Transportation Coalition (TRTC) is urging legislators to exclude from
the moratorium all DFW projects that are currently being planned or developed utilizing the
CDA procurement process. The TRTC has requested that local officials send letters
opposing the proposed legislation. Attached is a sample letter that could be sent to
legislators. Staff seeks direction from Council regarding the TRTC request.
City of Colleyville
Page 1
Printed on 3/14/2007
Sample Letter to Texas Legislators
Date
Senator/Representative
Address
Address
Dear Senator/Representative:
We respectfully urge you to withdraw SB 1267 (other letter: HB 2772) or to exempt the
pending CDA projects in the Fort Worth/Dallas metropolitan area from the bill. Our
region is relying on the revenue from pending CDA projects to complete needed
transportation projects in our most highly congested corridors. The consequences of
eliminating this revenue stream will negatively impact our communities.
The private equity investment interests currently focusing on Texas CDA projects may
take their investment capital elsewhere if a moratorium is placed on CDA projects.
Given the nationwide demand for capital investment in transportation infrastructure, this
revenue source may be lost to Texas beyond September 2009.
If there is concern regarding specific CDA conditions, please establish reasonable limits
for these terms rather than eliminating them for any time period. In our region, the MPO
sets the business terms for CDAs, and TxDOT incorporates them into CDAs for our
projects. We have no comment on business terms of other CDA projects. However, we
are comfortable with those our local elected officials (the MPO) have established.
We have no alternative sources of revenue to complete the urgently needed
transportation projects in our region. We cannot accept the long delay that would result
from a CDA moratorium. Not only would it result in much higher project costs due to
inflation, but the associated costs of economic loss, driver delay, and air pollution are
unacceptable to our citizens. Please exclude the CDA projects in our region from the
moratorium if you choose to pursue passage of this legislation.
Thank you for your consideration of our request and for your service to the State of
Texas.
Sincerely,
David Kelly
Mayor, City of Colleyville
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City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number: File Type: Pre Council
Version: 1 Agenda Date: 03/20/2007
Requester: Finance Department Agenda No.: PC-3
File Name: Presentation of the Monthly Financial Report - February 2007
Attachments: February 2007 Monthly Financial Report.pdf
Status: Pre Council
Controlling Body: City Council
Final Action:
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 03/20/2007 City Council
Title
Presentation of the Monthly Financial Report - February 2007
Explanation
General Fund
The percentage of current year taxes collected is slightly behind that of February 2006.
Sales tax revenue received in February was up $2,813/.98% over the amount received in
February 2006, The annual electric franchise tax payment received in February was up
$32,788/3,9% over the annual payment received in Fiscal Year 2006. Six residential
building permits were issued in February, as compared to ten issued in February 2006.
Municipal Court revenues are up due to a greater number of citations issued and warrant
collections, The average amount expended by the departments at the end of February 2007
is 35,2%,
Utility Fund
Water usage decreased as compared to the amount sold in February 2006, due to the dry
conditions that were occurring during that time. The average amount expended by the
Utility Fund at the end of February 2007 is 37.2%.
City of Colleyville
Page 1
Printed on 3/15/2007
MONTHLY FINANCIAL REPORT - FEBRUARY 2007
Current Taxes
Delinquent Taxes
Penalty & Interest
$8,015,166
65,000
45,000
$7,652,081
32,586
11 ,433
$7,574,332
32,000
12,000
$7,120,125
42,957
14,286
7.47%
-24.14%
-19,97%
TXU Electric $892,263 $909,563 $892,263 $867,594 4.84%
Tri-County Electric 95,000 102,109 95,000 0 100.00%
Atmo Gas 270,000 0 0 0 0,00%
SBC Communications 114,000 59,334 57,000 55,048 7.79%
Verizon/Others 59,500 26,497 29,750 18,432 43,76%
Refuse/Recycling 101,400 40,642 38,025 36,043 12.76%
Cable TV 161,000 79,387 80,500 77,350 2.63%
Sales Tax
Mixed Beverage Tax
$2,210,191
80,000
$595,469
44,526
$541 ,488
40,000
$555,550
34,916
7.19%
27.52%
Building $1,006,396 $261,365 $419,332 $437,467 -40,25%
Plumbing 122,064 34,432 50,860 38,167 -9.79%
Mechanical 59,230 20,587 24,679 18,550 10.98%
Electrical 102,158 27,403 42,566 38,883 -29.52%
City License 57,273 24,545 23,864 24,885 -1.37%
Building Plan Review Fee 155,839 49,710 64,933 65,412 -24,00%
New Business 3,384 1,269 1,410 1,363 -6.90%
Animal 1,750 1,095 729 500 119.00%
Sign Permit 6,650 3,010 2,771 2,455 22.61%
Fence Permit 7,500 3,050 3,125 2,300 32.61%
Fire Permits 12,000 6,650 5,000 6,300 5,56%
117.85%
Fines $565,000 $312,033 $235,417 $180,911 72.48%
False Alarms 35,000 20,100 20,000 15,975 25.82%
Library Fines 20,400 10,275 8,500 7,365 39.51%
67.64%
MONTHLY FINANCIAL REPORT - FEBRUARY 2007
Re-zoning $11,939 $7,595 $4,975 $4,535 67.48%
Plat Fee/Site Plan 21,799 12,036 9,083 6,028 99.67%
Board of Adjustment 2,000 1,250 833 1,000 25.00%
Sale of Material 2,891 2,079 1,205 1,742 19.35%
Weed Mowing 1,954 1,018 814 200 409.00%
Animal Impoundment 3,350 1,848 1,396 1,740 6.21%
Ambulance 216,000 103,918 90,000 90,726 14,54%
Recreation Program 137,625 32,202 38,000 45,250 -28,84%
Non-Resident Fee Parks 14,500 8,620 7,250 7,640 12.83%
Field Use Charge 21 ,760 10,004 9,067 9,355 6.94%
Engineering & Inspection 80,000 1,224 33,333 26,680 -95.41 %
Chgs & Reimbursements 3,500 0 1 ,458 825 -100,00%
Colleyville Center Rental 190,000 93,572 79,167 94,871 -1.37%
Library Building Rental 100 0 42 60 -100.00%
Lot Drainage Inspection Fee 30,625 7,750 12,760 13,875 -44.14%
-7.03%
DARE Officer Reimbursement
$81,443
$0
$0
$0
0.00%
Sale of Surplus Property $10,000 $0 $0 $22,903 -100.00%
Interest Income 382,500 67,482 65,000 54,008 24.95%
Miscellaneous 45,000 40,341 33,000 32,794 23.01 %
Use of Available Cash 145,250 0 0 0 0.00%
Celebrate Colleyville Revenue 0 650 0 3,950 -83.54%
Antenna Lease 68,275 34,237 34,000 34,255 -0.05%
Transfer from Utility Fund
$544,701
$0
$0
$0
$0
0.00%
0,00%
11 .13%
MONTHLY FINANCIAL REPORT - FEBRUARY 2007
TOTAL PERCENT
FY 2007 THROUGH THROUGH INCREASE INCREASE
BUDGET 2/28/2007 2/28/2006 (DECREASE) (DECREASE)
% OF CURRENT TAX ROLL COLLECTED 99.0% 95.25% 95.27% -0.02% -0.02%
RESIDENTIAL BLDG PERMITS 245 49 110 (61 ) -55.45%
COMMERCIAL BLDG PERMITS 10 16 7 9 128.57%
PLUMBING/MECHANICAL PERMITS 900 585 620 (35) -5.65%
ELECTRICAL PERMITS 400 186 255 (69) -27.06%
CITATIONS ISSUED 9,700 4,625 3,029 1,596 52,69%
CITATIONS APPEALED 270 194 118 76 64.41%
City Council and Secretary $541 ,285 $134,361 $136,257 24.8% $406,924
City Manager 548,976 223,641 224,165 40.7% 325,335
Finance 451,022 177 ,402 177,709 39,3% 273,620
Legal 106,823 23,897 35,608 22.4% 82,926
Human Resources 186,844 66,908 67,363 35.8% 119,936
Engineering 509,641 185,151 184,916 36.3% 324,490
Economic Development 170,452 53,881 54,275 31,6% 116,571
Building Inspection 391,067 132,927 104,110 34.0% 258,140
Community Development 273,856 107,998 109,629 39.4% 165,858
Fire 3,337,422 1,539,242 1,546,904 46.1% 1,798,180
Police 3,682,832 1,416,891 1,416,517 38.5% 2,265,941
Parks 1,325,530 417,002 432,363 31.5% 908,528
Recreation 291,027 91 ,461 95,146 31.4% 199,566
Library 589,608 216,876 217,106 36.8% 372,732
Communications 152,904 77,683 77,760 50.8% 75,221
Colleyville Center 348,201 119,495 119,335 34.3% 228,706
Streets & Drainage 1,747,299 351,615 352,316 20.1% 1,395,684
Municipal Court 232,216 85,403 86,604 36.8% 146,813
Fleet Maintenance 189,988 70,247 70,700 37.0% 119,741
Building Services 247,680 111 ,362 115,500 45.0% 136,318
Information Services 254,549 108,364 111,386 42.6% 146,185
Capital Equipment Reserve 135,000 18,000 18,000 13,3% 117,000
Performance 563,500 0 0 0.0% 563,500
MONTHLY FINANCIAL REPORT - FEBRUARY 2007
Water Sales $7,152,284 $2,447,623 $1,900,498 $3,226,378 -24.14%
Sewer Sales 2,173,056 806,188 905,440 789,312 2.14%
Sewer Installation 22,900 6,900 9,542 16,600 -58.43%
Water Installation 44,800 16,750 18,667 24,590 -31.88%
Sewer Tie-on Charges 5,000 8,155 2,083 5,572 46,36%
Engineering Charges 35,000 100 14,583 19,013 -99.47%
Penalties 153,730 72,145 56,119 74,307 -2.91 %
Miscellaneous 10,000 20,899 4,167 4,138 405.05%
-18.78%
Interest Income $300,000 $48,257 -38,98%
TOTAL PERCENT
THROUGH THROUGH INCREASE INCREASE
2/28/2007 2/28/2006 (DECREASE) (DECREASE)
GALLONS OF WATER SOLD 734,788,400 1,022,292,000 (287,503,600) -28.12%
NUMBER OF WATER CUSTOMERS 8,616 8,413 203 2.41%
Administration $211,794 $78,220 $78,841 36.9% $133,574
Billing 429,462 107,119 1 08,152 24.9% 322,343
Operations 6,910,588 2,359,330 2,362,077 34,1% 4,551,258
Debt Service 1,133,666 930,167 930,167 82.0% 203,499
Merit Adjustment 107,164 0 0 0,0% 107,164
Transfer to General Fund 544,701 0 0 0.0% 544,701
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City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number:
File Type: Pre Council
Status: Pre Council
Controlling Body: City Council
Version:
Agenda Date: 03/20/2007
Agenda No.: PC-4
Final Action:
Requester: Office of the City
Secretary
File Name: Discussion of the proposed amendments to the Records Management Ordinance 0-90-797
Attachments: Ordinance 0-90-797,pdf. Proposed Records Management Ordinance.pdf
History of Legislative File
Version: Date:
Acting Body:
Action Text:
03/20/2007 City Council
Title
Discussion of the proposed amendments to the Records Management Ordinance 0-90-797
Explanation
On December 4, 1990, City Council approved Ordinance 0-90-797, establishing a Records
Management Program and designating the City Secretary as the Records Management
Officer for the City. The City Secretary developed records management procedures to
provide efficient, economical and effective controls over the creation, organization,
distribution, maintenance and disposition of municipal records as prescribed by state law.
In 2000, the City created a Records Coordinator position in the Office of the City Secretary
for the purpose of managing the records program. The City also implemented the
Laserfiche document imaging system, which stores and manages documents electronically
and provides quick retrieval of thousands of documents via the City's web site by citizens
and staff. Each department conducted a records audit of all paper documents stored on
and off-site and confirmed the inventory and retention period. The document imaging
system and the records audit creates the administrative framework for establishing
electronic documents as the City's permanent records. Electronic records prevent lost
records, saves storage space and cost, manages records efficiently and the retrieval system
makes locating documents fast and easy.
Staff proposes to replace Ordinance 0-90-797 to facilitate internal administrative and
procedural changes as may be required by the Texas Public Information Act and the Texas
State Library and Archives Commission to manage municipal records and meet the
requirements for designating electronic documents as permanent records. As software
upgrades and components are installed, it may be necessary to revise records management
procedures.
The proposed ordinance has been reviewed by the City Attorney.
City of Colleyville
Page 1
Printed on 3/15/2007
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ORDINANCE 0-90-797
3
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AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION
OF A RECORDS MANAGEMENT PROGRAM FOR THE CITY OF COLLEYVILLE,
TEXAS; PROVIDING FOR THE DEFINITION OF MUNICIPAL RECORDS;
PROVIDING FOR ADDITIONAL DEFINITIONS FOR RECORDS MANAGEMENT
PROGRAM; PROVIDING FOR OWNERSHIP OF MUNICIPAL RECORDS; PROVIDING
FOR POLICY FOR RECORDS MANAGEMENT PROGRAM; PROVIDING FOR
DESIGNATION OF RECORDS MANAGEMENT OFFICER; PROVIDING
ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE AND DUTIES;
PROVIDING FOR RECORDS MANAGEMENT PLAN TO BE DEVELOPED, APPROVAL
OF PLAN, AUTHORITY OF PLAN; PROVIDING FOR DUTIES OF RECORDS
MANAGEMENT OFFICER; PROVIDING FOR DUTIES AND RESPONSIBILITIES
OF DEPARTMENT HEADS; PROVIDING FOR DESIGNATION OF RECORDS
LIAISON OFFICERS; PROVIDING FOR DUTIES AND RESPONSIBILITIES
OF RECORDS LIAISON OFFICERS; PROVIDING FOR RECORDS CONTROL
SCHEDULES TO BE DEVELOPED, APPROVAL, FILING WITH STATE;
PROVIDING FOR IMPLEMENTATION OF RECORDS CONTROL SCHEDULES,
DESTRUCTION OF RECORDS UNDER SCHEDULE; PROVIDING FOR
DESTRUCTION OF UNSCHEDULED RECORDS; PROVIDING FOR A RECORDS
CENTER; PROVIDING FOR MICROGRAPHICS; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR
THE SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Title 6, Subtitle C, Local Government Code (Local
Government Records Act) provides that a Municipality
must establish by Ordinance an active and continuing
Records Management Program to be administered by
a Records Management Officer; and
WHEREAS, the City of Colleyville desires to adopt an Ordinance
for that purpose and to prescribe policies and
procedures consistent with the Local Government
Records Act and in the interests of cost-effective
and efficient recordkeeping;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
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Sec. 1. DEFINITION OF MUNICIPALITY RECORDS. All documents,
papers, letters, books, maps, photographs, sound
or video recordings, microfilm, magnetic tape,
electronic media, or other information recording
media, regardless of physical form or characteristic
and regardless of whether public access to it is
open or restricted under the laws of the State, created
or received by the City of Colleyville or any of
its officers or employees pursuant to law or in the
transaction of public business are hereby declared
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ORDINANCE 0-90-797
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Sec. 2.
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to be the records of the City of Colleyville and
shall be created, maintained, and disposed of in
accordance with the provisions of this Ordinance
or procedures authorized by it and in no other manner.
ADDITIONAL DEFINITIONS.
(1) "Department Head" means the officer who by
ordinance, order, or administrative policy is in
charge of an office of the City of Colleyville that
creates or receives records.
(2) "Essential record" means any record of the City
of Colleyville necessary to the resumption or
continuation of operations of the City of Colleyville
in an emergency or disaster, to the recreation of
the legal and financial status of the City of
Colleyville, or to the protection and fulfillment
of obligations to the people of the State.
(3) "Permanent recordll means any record of the City
of Colleyville for which the retention period on
a records control schedule is given as permanent.
(4) "Records control schedulell means a document
prepared by or under the authority of the Records
Management Officer listing the records maintained
by the City of Colleyville, their retention periods,
and other records disposition information that the
records management program may require.
(5) "Records management" means the application of
management techniques to the creation, use,
maintenance, retention, preservation, and disposal
of records for the purpose of reducing the costs
and improving the efficiency of recordkeeping. The
term includes the development of records control
schedules, the management of filing and information
retrieval systems, the protection of essential and
permanent records, the economical and space-effective
storage of inactive records, control over the creation
and distribution of forms, reports, and correspondence,
and the management of micrographics and electronic
and other records storage systems.
(6) "Records liaison officers" means the persons
designated under Section 10 of this Ordinance.
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Ordinance 0-90-797
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(7) "Records management committee" means the committee
established in Section 6 of this Ordinance.
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(8) "Records management officer" means the person
designated in Section 5 of this Ordinance.
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(9) "Records management plan" means the plan developed
under Section 7 of this Ordinance.
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(10) "Retention period" means the plan developed
under Section 7 of this Ordinance.
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Sec. 3. MUNICIPALITY RECORDS DECLARED PUBLIC PROPERTY. All
Municipali ty records as defined in Section 1 of this
Ordinance are hereby declared to be the property
of the City of Colleyville. No Municipality official
or employee has, by virtue of his or her position,
any personal or property right to such records even
though he or she may have developed or compiled them.
The unauthorized destruction, removal from files,
or use of such records is prohibited.
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Sec. 4. POLICY. It is hereby declared to be the policy of
the City of Colleyville to provide for efficient,
economical, and effective controls over the creation,
distribution, organization, maintenance, use, and
disposition of all Municipality records through a
comprehensive system of integrated procedures for
the management of records from their creation to
their ultimate disposition, consistent with the
requirements of the Texas Local Government Records
Act and accepted records management practice.
Sec. 5. DES IGNATION OF RECORDS MANAGEMENT OFFICER. The City
Secretary, and the successive holders of said office,
shall serve as Records Management Officer for the
City of Colleyville. As provided by State law, each
successive holder of the office shall file his or
her name with the director and librarian of the Texas
State Library within thirty days of the initial
designation or of taking up the office, as applicable.
Sec. 6. ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE; DUTIES.
A Records Management Committee consisting of the
Ci ty Manager, Records Management Officer,
Administrative Assistant, Deputy Finance Director,
and Assistant City Manager is hereby established.
The committee shall:
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ORDINANCE 0-90-797
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(a) assist the Records Management Officer in
the development of policies and procedures governing
the Records Management Program;
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(b) review the performance of the program on
a regular basis and propose changes and improvements
if needed;
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(c) review and approve records control schedules
submitted by the Records Management Officer;
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(d) give final approval to the destruction
of records in accordance wtih approved records control
schedules; and
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(e) actively support and promote the records
management program throughout the City of Colleyville.
Sec. 7. RECORDS MANAGEMENT PLAN TO BE DEVELOPED;
OF PLAN; AUTHORITY OF PLAN.
APPROVAL
(a) The Records Management Officer and the
Records Management Committee shall develop a records
management plan for the City of Colleyville for
submission to the City Council. The plan must contain
policies and procedures designed to reduce costs
and improve the efficiency of recordkeeping, to
adequately protect the essential records of the
Municipali ty, and to properly preserve those records
of the Municipality that are of historical value.
The plan must be designed to enable the Records
Management Officer to carry out his or her duties
prescribed by State law and this Ordinance effectively.
(b) Once approved the City Council the records
management plan shall be binding on all offices,
departments, divisions, programs, commissions, bureaus,
boards, committees, or similar entities of the City
of Colleyville and records shall be created,
maintained, stored, microfilmed.
(c) State law relating to the duties, other
responsibilities, or recordkeeping requirements of
a Department Head do not exempt the Department Head
or the records in the Department Head's care from
the application of this Ordinance and the records
management plan adopted under it and may not be used
by the Department Head as a basis for refusal to
participate in the records management program of
the City of Colleyville.
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ORDINANCE 0-90-797
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DUTIES OF RECORDS MANAGEMENT OFFICER. In addition
to other duties assigned in this Ordinance, the Records
Management Officer shall:
(1) administer the records management program
and provide assistance to Department Heads in its
implementation;
(2)
disposition
procedures;
plan, formulate, and
policies, systems,
prescribe records
standards, and
(3) in cooperation with Department Heads
identify essential records and establish a disaster
plan for each Municipality office and department
to ensure maximum availability of the records in
order to re-establish operations quickly and with
minimum disruption and expense;
(4) develop procedures to ensure the permanent
preservation of the historically valuable records
of the City;
(5) establish standards for filing and storage
equipment and for recordkeeping supplies;
(6) study the feasibility of and, if appropriate,
establish a uniform filing system and a forms design
and control system for the City of Colleyville;
(7) provide records management advice and
assistance to all Municipality Departments by
preparation of a manual or manuals of procedure and
policy and by on-site consultation;
(8) monitor records retention schedules and
administrative rules issued by the Texas State Library
and Archives Commission to determine if the Records
Management, Program and the Municipality's records
control schedules are in compliance with State
regulation;
(9) disseminate to the Municipality and
Department Heads information concerning State laws
and administrative rules relating to local government
records;
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ORDINANCE 0-90-797
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Sec. 9.
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(10) instruct Records Liaison Officers and other
personnel in policies
management plan and
management program;
and procedures of
their duties in
records
records
the
the
(11) direct Records Liaison Officers or other
personnel in the conduct of records inventories in
preparation for the development of records control
schedules as required by State law and this Ordinance;
(12) ensure that the maintenance, preservation,
microfilming, destruction, or other disposition of
Municipality is carried out in accordance with the
policies and procedures of the records management
program and the requirements of State law;
(13) maintain records on the volume of records
destroyed under approved records control schedules,
the volume of records microfilmed or stored
electronically, and the estimated cost and space
savings as the result of such disposal or disposition;
(14) report annually to the City Council on
the implementation of the records management plan
in each Department of the City of Colleyville,
including summaries of the statistical and fiscal
data compiled under Subsection (13); and
(15) bring to the attention of the City Council
non-compliance by Department Heads or other
Municipality personnel with 'the policies and procedures
of the records management program or the Local
Government Records Act.
DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS.
in addition to other duties assigned in this Ordinance,
Department Heads shall:
(1) cooperate with the Records Management Officer
in carrying out the policies and procedures established
in the City of Colleyville for the efficient and
economical management of records and in carrying
out
(2) adequately document the transaction of
government business and the services, programs, and
duties for which the Department Head' and his or her
staff are responsible; and
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ORDINANCE 0-90-797
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(3) maintain the records in his or her care
and carry out their preservation, microfiched,
destruction, or other disposition only in accordance
with the policies and procedures of the records
management program of the City of Colleyville and
the requirements of this Ordinance.
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Sec. 10. DESIGNATION OF RECORDS LIAISON OFFICERS. Each
Department Head shall designate a member of his or
her staff to serve as Records Liaison Officer for
the implementation of the records management program
in the Department. If the Records Management Officer
determines that is in the best interests of the Records
Management Program more than one Records Liaison
Officer should be designated for a Department, the
Department Head shall designate the number of Records
Liaison Officers specified by the Records Management
Officer. Persons designated as Records Liaison
Officers shall be thoroughly familiar with all records
created and maintained by the Department and shall
have full access to all records of the City of
Colleyville maintained by the Department. In the
event of the resignation, retirement, dismissal,
or removal by action of the Department Head of a
person designated as a Records Liaison Officer, the
Department Head shall promptly designate another
person to fill the vacancy. A Department Head may
serve as Records Liaison Officer for his or her
department.
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Sec. 11. DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON
OFFICERS. In addition to other duties assigned in
this Ordinance, Records Liaison Officer shall:
(a) conduct or supervise the conduct of
inventories of the records of the Department in
preparation for the develop of records control
schedules;
(b) in cooperation with the Records Management
Officer coordinate and implement the policies and
procedures of the Records Management Program in their
Department; and
(c) disseminate information to Department staff
concerning the Records Management Program.
Sec. 12. RECORDS CONTROL SCHEDULES TO BE DEVELOPED ; APPROVAL;
FILING WITH STATE.
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ORDINANCE 0-90-797
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(a) The Records Management Officer, in
cooperation with Department Heads and Records Liaison
Officers, shall prepare records control schedules
on a Department by department basis listing all records
created or received by the Department and the retention
period for each record. Records control schedules
shall also contain such other information regarding
the disposition of Municipality records as the records
management plan may require.
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(b) Each records control schedule shall be
moni tored and amended as needed by the Records
Management Officer on a regular basis to ensure that
it is in compliance with records retention schedules
issued by the State and that it continues to reflect
the recordkeeping procedures and needs of the
Department and the Records Management Program of
the City of Colleyville.
9
(c) Before its adoption a records control
schedule or amended schedule for a Department must
be approved by the Department Head and the members
of the Records Management Committee.
(d) Before its adoption a records control
schedule must be submitted to and accepted for filing
by the director and librarian as provided by State
law. I f a schedule is not accepted for filing, the
schedule shall be amended to make it acceptable for
filing. The Records Management Officer shall submit
the records control schedules to the director and
librarian.
Sec. 13. IMPLEMENTATION OF RECORDS CONTROL
DESTRUCTION OF RECORDS UNDER SCHEDULE.
SCHEDULES;
(a) A records control schedule for A Department
that has been approved and adopted under Section
7 shall be implemented by Department Heads and Records
Liaison Officers according to the policies and
procedures of the Records Management Plan.
(b) A record whose retention period has expired
on a records control schedule shall be destroyed
unless an open records request is pending on the
record, the subject matter of the record is pertinent
to a pending law suit, or the Department Head requests
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ORDINANCE 0-90-797
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in writing to the Records Management Committee (or
the Records Management Officer if a Committee has
not been established) that the record be retained
for an additional period.
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(c) Prior to the destruction of a record under
an approved records control schedule, authorization
for the destruction must be obtained by the Records
Management Officer from the Records Management
Committee.
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Sec. 14. DESTRUCTION OF UNSCHEDULED RECORDS. A record that
has not yet been listed on an approved records control
schedule may be destroyed if its destruction has
been approved in the same manner as a record destroyed
under an approved schedule and the Records Management
Officer has submitted to and received back from the
director and librarian an approved destruction
authorization request.
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Sec. 15. RECORDS CENTER. A records center, developed pursuant
to the plan required by Section 7, shall be under
the direct control and supervision of the Records
Management Officer, Policies and procedures regulating
the operations and use of the records center shall
be contained in the Records Management Plan developed
under Section 7.
Sec. 16. MICROGRAPHICS. Unless a micrographics program in
a Department is specifically exempted by order of
the Municipality, all microfilming of records will
be centralized and under the direct supervision of
the Records Management Officer. The Records Management
Plan will establish policies and procedures for the
microfilming of Municipality records, including
policies to ensure that all microfilming is done
in accordance with standards and procedures for the
microfilming of local government records established
in rules of the Texas State Library and Archives
Commission. The plan will also establish criteria
for determining the eligibility of records for
microfilming and protocols for ensuring that a
microfilming program that is exempted from the
centralized operations is, nevertheless, sUbject
to periodic review by the Records Management Officer
as to cost-effectiveness, administrative efficiency,
and compliance with commission rules.
9
ORDINANCE 0-90-797
1
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Sec. 17. REPEAL OF ORDINANCE IN CONF'LICT.
in conflict herewith are hereby
to the extent of such conflict.
That all Ordinances
repealed, but only
4
Sec. 18. SEVERABILITY OF THE PARTS. That the terms and
provision of the Ordinance shall be deemed to be
severable and that if the validity of any section,
subsection, sentence, clause or phrase of this
Ordinance should be declared to be invalid in any
Court of competent jurisdiction, the same shall not
affect the validity of any other section, subsection,
sentence, clause or phrase of this ordinance, which
remaining portions shall remain in full force and
effect.
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Sec. 19. EFFECTIVE DATE. This Ordinance shall be effective
from and after the date of its passage.
10
AND IT IS SO ORDERED.
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The fi:f?t reading anq. ,~I,iC ~~aring being
,~7: I day of....!:L .':--t. PNit.L, 1990.
Th~b~nd reading a~2 P~?l:.z hearing being
, f day of (f (,it1 hk , 1990.
The thiJid reading aCj) public, hearing being
L.j19 day of t.< 1-l1dLf/Y , 1990.
conducted on the
conducted on the
13
conducted on the
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ATTTIES, :
=i'.
z:
. .
,
LaVada Johnson
City Secretary
CITY OF COLLEYVILLE
~~
Chris Hawkins
Mayor
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~ED AS TO FORM AND LEGALITY:
~~.
Ross T. Foster
City Attorney
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10
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ORDINANCE 07 -XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS,
AMENDING IN ITS ENTIRETY AND REPLACING ORDINANCE 0-90-797;
AMENDING THE COLLEYVILLE CODE OF ORDINANCES, CHAPTER 2
ADMINISTRATION, ARTICLE III, RECORDS MANAGEMENT, ADOPTING RECORDS
CONTROL SCHEDULES IN COMPLIANCE WITH APPLICABLE REQUIREMENTS
ON RECORDS RETENTION SCHEDULES ISSUED BY THE TEXAS STATE
LIBRARY AND ARCHIVES COMMISSION PURSUANT TO SECTION 203.041,
LOCAL GOVERNMENT CODE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville adopted Ordinance 0-90-797 on December 4,
1990, that established the City's Records Management Program for the
orderly and efficient retention, retrieval and destruction of records of the
City of Colleyville; and
WHEREAS, the 74th Legislature enacted Senate Bill 366 that permits local
governments to file a written declaration that records control schedules
have been adopted that comply with the applicable requirements on
records retention schedules issued by the Texas State Library and
Archives Commission; and
WHEREAS, the City of Colleyville, in conformity with the Local Government Records
Act, desires to continue the efficient and economical management
program of all City of Colleyville records; and
WHEREAS, the City of Colleyville is authorized by law to adopt the provisions
contained herein, and has complied with all the prerequisites
necessary for the passage of this Ordinance; and
WHEREAS, all statutory and constitutional requirements for the passage of this
Ordinance have been adhered to, including but not limited to the Open
Meetings Act; and
WHEREAS, the purposes of this Ordinance are to promote the public health, safety,
and general welfare of the citizens of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT all of the above premises are found to be true and correct and are
hereby incorporated into the body of this Ordinance as if copied in their
entirety herein.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Ordinance 0-07-XXXX
Page 2 of 2
THAT Chapter 2 Administration, Article III, Records Management,
Section 2-87, "Records retention schedule," is hereby amended in its
entirety and replaced to read as follows:
"Records retention schedule: A document issued by the commission
under authority of Subchapter C, Chapter 203, Local Government Code,
establishing applicable retention periods for City records."
THAT the City of Colleyville hereby adopts the records retention
schedules that comply with the applicable requirements on records
retention schedules issued by the Texas State Library and Archives
Commission.
THAT upon adoption of this Ordinance, the City Secretary/Records
Management Officer is directed to file with the director and librarian the
Declaration of Compliance with the Records Scheduling Requirement of
the Local Government Records Act pursuant to Subchapter 203.041
(a)(2), Local Government Code.
THAT if any section, article, paragraph, sentence, clause, phrase or
word in this Ordinance, or application thereto any person or
circumstances is held invalid or unconstitutional by a Court of competent
jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the City Council hereby declares it would
have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
THAT the effective date of this ordinance shall be immediate upon its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2007.
day of
The second reading and public hearing being conducted on the
2007.
day of
Ordinance 0-07-XXXX
Page 3 of 3
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
~':e,',
~. . ',0
l~x:;:'
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1 000
www.colleyville.com
File Number:
File Type: Pre Council
Status: Pre Council
Version:
Agenda Date: 03/20/2007
Agenda No.: PC-5
Controlling Body: City Council
Final Action:
Requester: Communications
Department
File Name: Review of proposed web pages detailing the Capital Improvement Plan
Attachments:
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 03/20/2007 City Council
Title
Review of proposed web pages detailing the Capital Improvement Plan
Explanation
The City web site represents one of the most comprehensive tools available to educate and
inform Colleyville residents, and other interested parties, about the Capital Improvement
Plan (CIP). At the March 6, 2007 Pre Council meeting, the City Council was presented with
a preliminary work plan and an overview of the web pages proposed for the CIP. This
presentation will feature a "beta" version of the proposed web pages and provide
Councilmembers with a preview of how the CIP will be presented to the public via the City's
web site,
Council input and feedback on the web materials presented at the March 6 Council meeting
have been included in this "beta" version. The CIP area of the web site is anticipated to
launch in April 2007.
City of Colleyville
Page 1
Printed on 3/15/2007
cee
"r.,x.,'"
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Version:
Requester: Budget and
Administrative
Services
File Name: Update concerning RFP process for refuse and recycling services
File Type: Pre Council
Agenda Date: 03/20/2007
Agenda No.: PC-6
Status: Pre Council
Controlling Body: City Council
Final Action:
File Number:
Attachments:
History of Legislative File
Version: Date:
Acting Body:
Action Text:
03/20/2007 City Council
Title
Update concerning RFP process for refuse and recycling services
Explanation
This item provides an opportunity for staff to present an update to City Council regarding the
refuse and recycling RFP process as well as surrounding municipality refuse and recycling
actions that may result in contractual opportunities for the City. Additionally, staff will seek
direction from City Council regarding possible composting and recycling survey.
City of Colleyville
Page 1
Printed on 3/16/2007
cee
.n,:"!;",,;,
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number:
File Type: Pre Council
Status: Pre Council
Controlling Body: City Council
Version:
Agenda Date: 03/20/2007
Agenda No.: PC-7
Final Action:
Requester: Office of the City
Secretary
File Name: Discussion of the March 20, 2007, City Council regular agenda items
Attachments:
History of Legislative File
Version: Date:
Acting Body:
Action Text:
03/20/2007 City Council
Title
Discussion of the March 20, 2007, City Council regular agenda items
City of Colleyville
Page 1
Printed on 3/16/2007
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number:
Version:
File Type: Executive Session Status: Executive Session
Agenda Date: 03/20/2007 Controlling Body: City Council
Agenda No.: 1 Final Action:
Requester: Office of the City
Secretary
File Name: Executive Session - Legal Consultation - March 20, 2007
Attachments:
History of Legislative File
Version: Date:
Acting Body:
Action Text:
03/20/2007 City Council
Title
Sec. 551.071 - Legal - Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Sec. 551.071 - Legal - Discussion of litigation - Raman Chandler v. City of Colleyville
Sec. 551.071 - Legal - Discussion of litigation - Charleda Jean Elliott v. John Smith,
Wildwood Suites Property Management, Inc., Ian Robert Smith, Montclair Pare
Homeowners Association, Inc., Montclair Pare, Inc., and the City of Colleyville
Sec. 551.072 - Property - Deliberate the purchase, lease, exchange or value of real
property
Sec. 551.087 - Economic Development - Discuss and deliberate commercial and
financial information received from business prospects the City seeks to have locate,
stay or expand within the City
City of Colleyville
Page 1
Printed on 3/15/2007
RESOLUTION R-07-2819
A RESOLUTION APPROVING COUNCIL ACTION
REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR
CITY COUNCIL MEETING OF
MARCH 20, 2007
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 BY A VOTE OF AYES,
ON THIS THE DAY OF
NAYS AND
2007.
ABSTENTIONS
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
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City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1 000
www.colleyville.com
File Number:
File Type: Presentation or
Proclamation
Status: Presentations or
Proclamations
Controlling Body: City Council
Final Action:
Version: 1
Agenda Date: 03/20/2007
Agenda No.: 3
Requester: Office of the City
Secretary
File Name: Presentations and Proclamations - March 20, 2007
Attachments: Employee Recognition.pdf
History of Legislative File
Version: Date:
Acting Body:
Action Text:
03/20/2007 City Council
Title
Presentation - Recognition of employees for years of service
City of Colleyville
Page 1
Printed on 3/12/2007
EMPLOYEE YEARS OF SERVICE
First Quarter 2007
(January through March)
NAME DEPARTMENT HIRE DATE YEARS OF SERVICE
DEBBY SCOTT Finance 1/27/1992 15
MARIL YN GILBERT Colleyville Center 1/03/2006 01
RICHARD SCHUL TZ Fire 1/03/2006 01
MICHAEL STEPHENS Fire 1/03/2006 01
BRIAN WILSON Police 1/03/2006 01
KASE WILLIAMS Fire 1/04/2006 01
PATRICK STARRETT Police 1/25/2006 01
STEVE CHUTCHIAN Public Works 3/01/2006 01
MICAH WEST Parks 3/08/2006 01
MICHAEL ALMY Parks 3/20/2006 01
LUKE DEFILIPPIS Parks 3/22/2006 01
GARY KEAHEY Public Works 3/30/2006 01
RESOLUTION R-07 -2820
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF MARCH 20, 2007
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 the minutes of the regular City Council meeting of March 6,
2007
b.
Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres
located in the 1600 block of Sanders Lane, Case P-07-009
c.
Approval of a donation of up to $10,000.00 from the Colleyville Baseball
Association for a lightning detector system at City Park
d.
Approval of a donation of $5,000.00 from the Colleyville Baseball
Association and a donation of $2,500.00 from the Colleyville Girls Softball
Association for artificial turf replacement at Reagan Park
e.
Approval of a local historical marker entitled "Frontier Justice" to be placed
at the Riley Family Cemetery
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF
ON THIS THE DAY OF
ATTEST:
AYES,
NAYS AND
2007.
ABSTENTIONS
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
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City of Colleyville
City Council Minutes - Draft
City Council
100 Main Street
Colleyville, Texas 76034
(817) 503-1 000
www.colleyville.com
Tuesday, March 6, 2007
CITY COUNCIL CHAMBERS
PC-1
PC-2
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on March 6,2007, at 5:35 p.m.
Mayor Kelly introduced and welcomed Carol Wollin, City Council
candidate.
ROLL CALL: Councilpersons George Boll, Rich Hendler, Tom Hart,
Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor
David Kelly, City Manager Bill Lindley, Assistant City Manager Dal
Anderson, Police Chief Tommy Ingram, Police Lieutenant Rodney
Cunningham, Fire Chief Mike Johnston, Acting Community
Development Director Chris Fuller, Community Development
Director Barry LeBaron, Public Works Director Steve Chutchian,
Finance Director Terry Leake, Economic Development Manager
Scott Welmaker, Budget and Administrative Services Manager
Stephen Seidel, Communications Manager Mona Gandy, Audio
Visual Technician Les Earwood, City Attorney Matthew Boyle and
City Secretary Cynthia Singleton were also present.
Councilman Tony Licata arrived at 5:40 p.m.
Presentation and Discussion of City Council Budget Calendar
Budget and Administrative Services Manager Stephen Seidel provided
an overview of the Budget Calendar.
Presentation of Economic Development Quarterly Update
Economic Development Manager Scott Welmaker reviewed the
Economic Development Quarterly Update and answered questions of
the City Council.
There was general discussion regarding the potential redevelopment of
the Albertson's Shopping Center related to parking, landscaping and
topography.
Councilman Licata requested staff provide information regarding the cost
of regrading the parking lot of the Albertson's on SH26.
City of Colleyville
Page 1
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City Council
City Council Minutes - Draft
March 6, 2007
PC-3
Presentation of the Street Capital Improvement Plan Committee work
plan and web site
Public Works Director Steve Chutchian presented information regarding
the Street Capital Improvement Committee Draft Work Plan and stated
Committee members will attend the April 6, 2007, Pre Council meeting to
discuss potential projects, funding options and methods of obtaining
citizen input.
There was general discussion regarding financing options and methods
of providing information to citizens of a potential bond election.
Councilman Taylor requested that the City Attorney provide an election
calendar for a potential bond election in May 2008.
Communications Manager Mona Gandy presented the web site
templates for the Capital Improvement Plan information and stated the
web site updates will be presented to the City Council, March 20, 2007
for review and answered questions of the Council.
PC-4
Discussion of the March 6, 2007, City Council regular agenda items
Councilman Hendler requested clarification of Agenda item 5a related to
the number of votes necessary for a super majority vote of City Council.
City Attorney Matthew Boyle stated that a super majority vote is six
affirmative votes of City Council.
There being no further business, Mayor David Kelly declared the Pre
Council meeting adjourned at 6:23 p.m.
City of Col/eyville
Page 2
Printed on 3/16/2007
City Council
City Council Minutes - Draft
March 6, 2007
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly at 6:26 p.m.
ROLL CALL: Councilpersons George Boll, Tony Licata, Rich
Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were
present. Mayor David Kelly, City Manager Bill Lindley, Assistant
City Manager Dal Anderson, Police Chief Tommy Ingram, Fire Chief
Mike Johnston, Public Works Director Steve Chutchian, City
Engineer Chad Bartee, Finance Director Terry Leake, Community
Development Director Barry LeBaron, Acting Community
Development Director Chris Fuller, Economic Development
Manager Scott Welmaker, Budget and Administrative Services
Manager Stephen Seidel, Communications Manager Mona Gandy,
Audio Visual Technician Les Earwood, 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 - Legal - Consultation with Attorney on Legal Issues
Raised by Public Hearing or Action Items on the Agenda
Sec. 551.071 - Legal - Discussion of litigation - Raman Chandler v.
City of Colleyville
Sec. 551.072 - Property - Deliberate the purchase, lease, exchange
or value of real property
Sec. 551.087 - Economic Development - Discuss and deliberate
commercial and financial information received from business
prospects the City seeks to have locate, stay or expand within the
City
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 6:28 p.m. and reconvened at 7:38 p.m.
INVOCATION: David Jung, Crown of Life Lutheran Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
City of Colleyville
Page 3
Printed on 3/16/2007
City Council
City Council Minutes - Draft
March 6, 2007
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-07-2816
This resolution was not needed.
3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL
AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
Mayor Kelly announced the City has maintained the Standard & Poor's
AA+ tax supported bond rating and the revenue based bond rating has
been upgraded from AA- to AA. The City of Colleyville is the only small
City in Texas that has these ratings. Mayor Kelly commended City
Manager Bill Lindley and Finance Director Terry Leake and staff for
exemplary management of the City's finances.
Mayor Kelly announced the City of Colleyville has been named a Tree
City USA community for the ninth straight year by the National Arbor Day
Foundation. He further stated a Tree City USA community is recognized
for the tree care program and this honor is a result of the joint efforts of
citizens and staff who make Colleyville the best place to live.
Councilman Hendler stated that prayers and thoughts are with the
Grapevine High School baseball team and the family that experienced a
terrible tragedy. He further stated that the organ donations that occurred
after the tragedy helped five individuals and raised organ donation
awareness.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-07-2817
4a Approval of the minutes of the regular City Council meeting of February
20,2007
4b Approval of a Final Plat of Copperglen Addition on 5.6 acres located at
3798 - 3804 Glade Road, Case P-07-008
4c Approval of a construction contract with Viking Construction, Inc., for the
Micro Resurfacing of various streets within the Woodland Hills West
Subdivision, in the amount of $92,844.96, and authorize the City
Manager to execute the contract
4d Approval of a construction contract with JLB Contracting, L.P., for the
Resurfacing of Bettinger Drive, in the amount of $128,540.51, and
authorize the City Manager to execute the contract
Mayor Kelly read Resolution R-07-2817 in its entirety.
City of Colleyville
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City Council
City Council Minutes - Draft
March 6, 2007
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-07-2817
Councilman Taylor seconded the motion.
The motion carried by the following vote:
Aye: 6 - David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom
Hart, Mike Taylor
Abstain: 1 - George Boll
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-07-1609 Approval of a Zoning Change from AG-Agricultural to PUDC-Planned
Unit Development Commercial on 2.1 acres out of the A. J. Caldwell
Survey and the J. L. Byas Survey located at 6110 Colleyville Boulevard,
Case Z-07-001
Mayor Kelly read the caption of Ordinance 0-07-1609.
Mayor Kelly opened the public hearing.
Mr. John Fegan, 1315 Bellefonte Lane, applicant, spoke regarding the
requests of the neighbors and regarding landscaping, type of barrier
between the development and homes and the entrance to the
development.
Mr. Bill Neff, 6104 Ponderosa, spoke regarding a masonry or brick fence
barrier between the residential and commercial development and the
process for making a request of City Council.
Mr. Ernest Hedgecoth, 6012 Ponderosa, spoke regarding meetings with
the developer, the ingress and egress on Hardage Street, and a
masonry fence barrier between the residential and commercial
development and expressed appreciation to City Council for the level of
zoning.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Councilman Taylor moved to approve Ordinance 0-07-1609, with the
amendment to delete Section 9, line d.
City of Colleyville
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City Council
City Council Minutes - Draft
March 6, 2007
Councilman Taylor removed the motion from the table to allow further
discussion.
Mr. John Fegan, 1315 Bellefonte Lane, applicant, spoke regarding the
cost of a fence barrier versus a landscaping barrier between the homes
and commercial buildings and the entry points to the development.
Acting Community Development Director Chris Fuller provided the
requirements for commercial development adjacent to residential
property related to a fencing and landscape buffer.
Councilman Taylor moved to approve Ordinance 0-07-1609, with the
amendment to delete Section 9, line d.
Councilman Hart seconded the motion.
The motion carried by the following vote:
Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
5b 0-07-1610 Authorizing the issuance of $4,575,000 Series 2007 General Obligation
Bonds
Mayor Kelly read the caption of Ordinance 0-07-1610.
Finance Director Terry Leake reported First Southwest, the City's
financial advisor, held a bond sale and the winning bid was received
from Morgan Keegan at an interest rate less than 4%.
Mr. Jim Sabonis, Senior Vice President, First Southwest, reported
Standard & Poor's Rating Services assigned the AA+ rating and Fitch
Investor Services assigned the AA rating to the City of Colleyville. Mr.
Sabonis also reported a savings of $683,000 on the bond sale, provided
an overview of the market conditions and bond sale bids and
commended City Council and staff for conservative management of the
City's finances. Mr. Sabonis stated that Mr. Bob Dransfield, Attorney,
Fulbright & Jaworkski, was present to answer any questions.
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 Taylor moved to approve Ordinance 0-07-1610.
Mayor Kelly seconded the motion.
City of Colleyville
Page 6
Printed on 3/16/2007
City Council
City Council Minutes - Draft
March 6, 2007
The motion carried by the following vote:
Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
City Manager Bill Lindley expressed appreciation, on behalf of the City
Council, to the citizens for their continued support and stated, "tonight is
one more example of why Colleyville was chosen by Money Magazine as
one of the top cities throughout the country and by D Magazine as one of
the top suburbs".
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-07 -1611 Approval of a Zoning Change from AG-Agricultural to R20-Single Family
Residential on 6.4 acres out of the George W. Teeter Survey located at
1301 Glade Road, Case Z-07-005
Mayor Kelly read the caption of Ordinance 0-07-1611.
Acting Community Development Director Chris Fuller provided an
overview of the request for rezoning and stated that the Planning and
Zoning Commission recommended denial; therefore, a super majority
vote of the Council is necessary for approval of the request.
Mayor Kelly opened the public hearing.
Mr. Ron Shirley, 5611 Colleyville Boulevard, applicant, provided
information regarding the development of the property, zoning of the
surrounding property and drainage issues.
Mr. Wes Lansford, 1313 Glade Road, spoke regarding the proposed
zoning, value of surrounding property and in opposition to the proposed
ordinance.
Mr. Bob Potter, 1104 Chatsworth Court West, spoke regarding the effect
of the proposed ordinance on the canal and creek system in the Lakes of
Somerset.
Mr. Steve Hickson, 1315 Glade Road, spoke regarding compliance with
the Master Plan, zoning of surrounding property, the Planning and
Zoning recommendation for denial and drainage issues.
Mr. Keith Mauney, 1216 Chatsworth Court, spoke regarding drainage
issues at Lakes of Somerset, zoning and redevelopment of surrounding
property and in opposition to the proposed ordinance.
City of Colleyville
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City Council
City Council Minutes - Draft
March 6, 2007
Mr. Conrad Rogers, 1213 Garry Lynne Drive, spoke regarding drainage
issues associated with the proposed development, zoning of surrounding
area and in opposition to the proposed ordinance.
Mr. Harold Witten, 1309 Garry Lynne Drive, spoke regarding the quality
of life in Colleyville, the zoning of surrounding neighborhoods, traffic flow
on Glade Road and Riverwalk Drive and drainage and flooding issues,
Mr. Paul Hubbard, 1309 Glade Road, spoke regarding drainage issues
of surrounding properties and in favor of the proposed ordinance.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
There was general discussion regarding drainage issues for neighboring
subdivisions, timing for addressing drainage and flooding issues in the
zoning process, potential for R30 zoning, topography of the land, status
of other projects in the City by the applicant and criteria for a Planned
Unit Development-Residential (PUDR).
Community Development Director Barry LeBaron provided information
regarding estate lots along collector roadways.
Mr. Shirley proposed meeting with neighbors and staff to address
concerns.
Mayor Kelly recessed the meeting at 9:07 p.m. and reconvened at 9:14
p.m.
6b 0-07 -1612 Approval of a Zoning Change from AG-Agricultural to R20-Single Family
Residential on 0.65 acres out of the S.C.H. Witten Survey located at
5504 Montclair Drive, Case Z-07-006
Mayor Kelly read the caption of Ordinance 0-07-1612.
Acting Community Development Director Chris Fuller provided an
overview of the zoning request and reported that the Planning and
Zoning Commission recommended approval.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
City of Colleyville
Page 8
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City Council
City Council Minutes - Draft
March 6, 2007
6c 0-07 -1613 Approval to an Amendment to Chapters 9 and 14 of the Land
Development Code regarding emergency access gate maintenance,
Case G-07 -007
Mayor Kelly read the caption of Ordinance 0-07-1613.
Community Development Director Barry LeBaron provided an overview
of the proposed amendments to the Land Development Code regarding
emergency access gate maintenance.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
There was general discussion regarding design criteria of the emergency
access gate.
Council requested staff provide specific design elements for the gates.
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Mr. Wes Lansford, 1313 Glade Road, spoke regarding the excellent
condition of the baseball fields and regarding the criteria for use of the
game fields.
8. REPORTS:
Colleyville Center Advisory Committee Minutes - November 13, 2006
Library Board Minutes - January 8, 2007
Planning and Zoning Commission Minutes - February 12, 2007
There was no action taken on this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 6, 2007-
Reading and Public Hearing - Resolution R-07 -2818
This resolution was not needed.
10. ADJOURNMENT:
There being no further business before the City Council, Councilman
Taylor moved to adjourn.
Councilman Hart seconded motion.
City of Colleyville
Page 9
Printed on 3/16/2007
City Council
City Council Minutes - Draft
March 6, 2007
The motion carried by the following vote:
Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
Mayor Kelly declared the meeting adjourned at 9:24 p.m.
APPROVED BY A VOTE OF
ABSTENTIONS ON THIS THE
AYES,
DAY OF
NAYS AND
2007.
Minutes taken and prepared by:
Cynthia Singleton, TRMC, CMC
City Secretary
City of Colleyville
Page 10
Printed on 3/16/2007
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City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number:
Version: 1
File Type: Resolution
Status: Consent Agenda
Controlling Body: City Council
Requester: Community
Development
Department
File Name: Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres located in the 1600
block of Sanders Lane, Case P-07-009
Agenda Date: 03/20/2007
Agenda No.: 4b
Final Action:
Attachments: Location and Zoning Map . Plat
History of Legislative File
Version: Date:
Acting Body:
Action Text:
02/12/2007 Planning and Zoning
Commission
02/26/2007 Planning and Zoning
Commission
03/20/2007 City Council
Title
Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres located in the 1600
block of Sanders Lane, Case P-07 -009
Explanation
Reading and Public Hearing
Silveroak Land Company, LC, is the developer of 19.7 acres, located in the 1600 block of ,
Sanders Lane, The developer has submitted a final plat, which will subdivide the property
into 90 lots for the construction of 25 single-family attached town homes, 49 single family
residential detached dwelling units and 16 open space lots. In a townhome development,
each dwelling unit is situated on its own platted lot to allow for individual ownership. An
individual townhome is a part of a larger building that contains three or more attached
townhome dwelling units. City Council approved the preliminary plat on October 17, 2006.
The following is an analysis of the issues associated with this final plat.
Zoning. The proposed plat area is zoned PUDR-Planned Unit Development Residential.
The PUDR zoning was approved by the City Council on August 2, 2006, with the approval of
Ordinance 0-06-1584, which contains several development standards. The final plat has
been reviewed for compliance with the regulations of the Land Development Code and the
standards contained in the PUDR ordinance for this development.
The minimum lot size required in this PUDR is 2,700 square feet. All of the lots satisfy this
requirement. The development is required by the PUDR ordinance to provide not less than
City of Colleyville
Page 1
Printed on 3/15/2007
Agenda Briefing Continued
22 percent common open space. The proposed site plan for the development shows 22.9
percent of the total development as common open space. In addition to the general
common open space areas, the developer has designated a 30-foot buffer as a tree
preservation area located along the eastern and southern boundaries of the development
and a 20-foot buffer as a tree preservation area located along the northeastern boundary of
the development. The tree preservation easements are designated as common open space
areas and are included in the overall open space calculation of 22.9 percent. The
Homeowners Association (HOA) will be responsible for the maintenance of the open space
areas, including the tree preservation buffer areas.
Access and Roadway Improvements. Primary access to the development will be from
Sanders Lane. The applicant has indicated that the development will be gated.
The intersection of Sanders Lane and SH26 will be realigned with Tinker Road on the west
side of SH26 when the highway is reconstructed in the near future. At the time of
preliminary plat consideration the applicant submitted exhibits illustrating the proposed
off-site roadway improvements. The proposed off-site roadway improvements have been
reviewed by the Colleyville Engineering Department, however, the final acceptance of the
improvements associated with SH26 is contingent upon approval by the Texas Department
of Transportation,
The developer is proposing a 30-foot emergency access right-of-way on the eastern side of
the development, which will contain a 24-foot pavement section and an emergency access
gate. The gate will contain Opticom gate opening equipment, as required by the approved
zoning ordinance, to allow access to the development in case of an emergency situation
when normal access via Sanders Lane may not be possible.
Gated/Private Street Development. The development will be a gated/private street
subdivision with the primary entrance to the development located on Sanders Lane. The
developer has included the requisite gated/private street language on the plat exhibit. The
applicant has submitted the necessary Homeowner's Association (HOA) documents for
review by the City, in accordance with Chapter 10 of the Land Development Code. The
HOA documents indicate that the streets and drainage systems within the development are
privately owned and maintained by the HOA, and that the City has no obligation to maintain
the private streets and drainage systems.
Prior to construction of the perimeter fence and gates, approval of a fence permit will be
required, The applicant has indicated that the gated fence entrance will be constructed in
accordance with the regulations in the Land Development Code.
Drainage Improvements. The applicant has submitted a drainage study for the
development which has been reviewed and accepted by the Colleyville Engineering
Department. The drainage study indicates that the development will utilize on-site detention
to accommodate stormwater related to this development.
Tree Survey and Replacement Requirements. Aerial photos of the site show
considerable tree coverage on this property. The street layout and arrangement of lots on
the preliminary plat have been configured purposely to preserve the significant trees on the
City of Colleyville
Page 2
Printed on 3/15/2007
Agenda Briefing Continued
property, Prior to any site grading, the developer will submit a survey and tree replacement
plan.
Parkland Dedication Fees. The developer has acknowledged that parkland dedication
fees are due at the time of approval of the Final Plat. The fees for non-residential uses are
$1,802 per residential lot. The fee must be paid before the plat is recorded with the County
Clerk's Office.
Planning and Zoning Commission Recommendation. The Planning and Zoning
Commission recommended approval of the final plat at the February 26, 2007 meeting by a
vote of 4-1.
Summary. The developer has addressed all Development Review Committee comments,
The proposed development satisfies the platting standards contained in the Land
Development Code and the special requirements of PUDR Ordinance 0-06-1584.
Financial Impact
It has been determined that there is no financial impact.
Recommendation
Approval
City of Colleyville
Page 3
Printed on 3/15/2007
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City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1 000
www.colleyville.com
File Number:
Version:
File Type: Resolution
Agenda Date: 03/20/2007
Status: Consent Agenda
Controlling Body: City Council
Requester: Parks and Recreation Agenda No.: 4c Final Action:
Department
File Name: Approval of a donation of up to $10,000.00 from the Colleyville Baseball Association for a
lightning detector system at City Park
Attachments: City of Colleyville Donation Policy . City of Colleyville Donation and Transfer of Title
History of Legislative File
Version: Date:
Acting Body:
Action Text:
03/20/2007 City Council
Title
Approval of a donation of up to $10,000.00 from the Colleyville Baseball Association for a
lightning detector system at City Park
Explanation
Reading and Public Hearing
At the November 6, 2006 Parks and Recreation Advisory Board meeting the Board
requested that the City research installing lightning detection systems at City Park and
Pleasant Run Park.
After discussions with the Board at several meetings about the budget process for this type
of request, the Colleyville Baseball Association said they would donate monies to facilitate
the request for a lightning detector system at City Park. The Colleyville Soccer Association
is also discussing the possibility of funding this request at Pleasant Run Park.
The Colleyville Baseball Association proposes to donate to the City of Colleyville up to
$10,000.00 for a lightning detector system at City Park, The lightning detection system
measures and analyzes weather conditions to predict lightning up to twenty minutes before
it strikes.
The lightning prediction system will include computer, horn, installation, training and battery
back-up, The system will monitor the entire park which consists of nine baseball/softball
fields.
City of Colleyville
Page 1
Printed on 3/15/2007
Agenda Briefing Continued
Financial Impact
It has been determined that there is no financial impact.
Recommendation
Approval
City of Colleyvil/e
Page 2
Printed on 3/15/2007
CITY OF COLLEVILLE
DONATION POLICY
The City of Colleyville encourages donations to the City in support of its programs, services,
collections and facilities, for the enhancement of Colleyville. The purpose of this donation
policy is to provide a consistent and uniform policy for donation to the City of Colleyville; and to
provide the donor knowledge of the policies under which the donation is given and accepted.
All boards, commissions, committees, and City Council shall comply with this policy. All
departments and employees of the City of Colleyville remain subject to the City of Colleyville
Personnel Policy and Procedures Manual, however employees and departments shall comply
with these policies.
In the event additional policies of the Colleyville Center, the Library, the Parks Department, or
any other City of Colleyville entity conflict with this City of Colleyville Donation Policy, this
policy shall take precedent and supersede the policies of those entities.
Donations from the Friends of the Library and the Library Foundation are exempt from this
policy. The Librarian will report donations to the City Council.
All donations shall be made to the City of Colleyville by use of the uniform City of Colleyville
Donation and Transfer of Title form. Specifications including plans, drawings, photographs, or
details pertinent to the donated item, including anticipated annual operating cost, shall be
attached as a part of the form. All spaces on the form shall be completed or noted if not
applicable.
Any special stipulations, including location and use of a donation, shall be established in the
Stipulation section of the Transfer of Title form. If no such stipulation is recorded on the form
or the addendum as a part of that section, the City shall have the right to use the donation as
determined by the City, free of encumbrances.
The City reserves the right to refuse a donation. The donor reserves the right to withdraw the
donation before formal acceptance by City Council.
In a multi-item donation, items may be accepted on an item-by-item basis.
Items donated for exhibit will be subject to a rotation of exhibit time in order to provide a variety
of exhibits, and to protect items adversely affected by exhibition. The City shall have the right
to determine times of exhibit. Proper preservation and care of donated item(s) shall be defined
under Stipulations if necessary.
The City of Colleyville shall not place a monetary value on a donated item; nor shall the City
issue a receipt or record a monetary value that has been determined by the donor.
Subsequent City insurance/accounting valuations necessary to meet standard city procedures
are separate and apart from the donation process.
When both the signature of the Donor and of the Mayor, representing the City Council's
approval, complete the Donation and Transfer of Title document, the donation becomes the
property of the City of Colleyville.
A copy of the completed Donation and Transfer of Title form shall be given to the Donor as the
donor's record of donation.
Donations of funds are welcome. The City shall expend those funds on materials, equipment
or projects acceptable to the donor if requested. Donated funds shall be deposited in donation
fund accounts when defined, and shall not be intermingled with the General Fund or donation
fund accounts of other departments, boards or committees.
Funds and services-in-kind provided to City of Colleyville sponsored events Celebrate
Colleyville and Colleyville Proud Clean Sweep shall comply with this policy in the form of a final
report.
Funds below $1,000 will be excluded from these policies.
Loans of items shall not be accepted by the City of Colleyville. Exceptions for special items or
events shall be evaluated by the City Council, and require approval by the City Council.
CITY OF COLLEYVILLE
DONATION AND TRANSFER OF TITLE
II 1/, ~Stlxd! IlSSDC.14 en hereby give, assign, transfer, an
of CoIleyville all of my rights, title, and interest in the materials described below:
.$I t') .~
Funds l:), bOO -
Stipulations (if any) +0 be: v.....eJ ~ w~ J +k- f W c-h t4H 0 f- +k lij t..n""j
c1~,{,-",-hr ~s+~ a.J- C;'J M. J.+-l'"~4104/rccO C)M.OJO bfL IYt~~~c.P -lo i/o/coo.
SpeciflcatlonsJPlanslPhotoslAnnual cost to city: Attached . None_
I have read and understand the Donation Policy of the CIty of eoUeyvllle, and accept the provisions (
that policy. ~ II
~.. r /3As~ f15'-tJu'*'n-V
Signature of Donor(s) ~ . ?rec ~ro~r wd U4'1 ~ Date 3 - B - 07
Date
Address of Donor f. (). (jD)o /O;J
City C, I~ II.! 1<-
State
j)' ZIP 7i:>(j ~y
. Office B /7 ~ 4/6 - 2255'
Board
Department
or
By
Date
CoundlApprovalDam
ResofutlonlOrdinance Number
ACCEPTED for and in behalf of the City of Colleyville
By
Date
Mayor, City of CoIleyvllle
Accession Number
~, L:,.!9,-,U~,' 'n '
c~~
tf;;.,.,;,
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.col/eyville.com
File Number:
Version: 1
File Type: Resolution
Agenda Date: 03/20/2007
Status: Consent Agenda
Requester: Parks and Recreation Agenda No.: 4d
Department
File Name: Approval of a donation of $5,000.00 from the Colleyville Baseball Association and a donation of
$2,500.00 from the Colleyville Girls Softball Association for artificial turf replacement at Reagan
Park
Controlling Body: City Council
Final Action:
Attachments: City of Colleyville Donation Policy . City of Colleyville Donation and Transfer of Title-
Colleyville Baseball Association . City of Colleyville Donation and Transfer of Title - Colleyville
Girls Softball Association
History of Legislative File
Version: Date:
Acting Body:
Action Text:
03/20/2007 City Council
Title
Approval of a donation of $5,000.00 from the Colleyville Baseball Association and a
donation of $2,500.00 from the Colleyville Girls Softball Association for artificial turf
replacement at Reagan Park
Explanation
Reading and Public Hearing
The Colleyville Baseball and Girls Softball Associations propose to donate to the City of
Colleyville $5,000.00 and $2,500.00 respectively for artificial turf at Reagan Park batting
cages. The total price to replace the artifical turf is $11,650,00, The additional funding of
$4,150.00 to complete the project will be acquired from the Parks Department FY 2007
general fund budget. This funding is budgeted in the grounds/field maintenance line item
account.
Reagan Park was dedicated in January 2005 when park plans did not include artificial turf
for the two batting cages. The Colleyville Baseball Association and volunteers purchased
and installed some outdoor carpet for the facility. The material needs to be replaced with a
higher quality grade.
Staff received bids from three vendors for the installation of the artificial turf. Southwest
Greens was the low bidder at $11,650,00. Southwest Greens Company has performed this
type of work for numerous professional baseball teams across the nation and will provide a
five (5) year warranty on the artificial turf.
City of Colleyville
Page 1
Printed on 3/14/2007
Agenda Briefing Continued
Financial Impact
It has been determined that funding is available in the Parks Department FY 2007 general
fund budget.
Recommendation
Approval
City of Colleyville
Page 2
Printed on 3/14/2007
CITY OF COLLEVILLE
DONATION POLICY
The City of Colleyville encourages donations to the City in support of its programs, services,
collections and facilities, for the enhancement of Colleyville. The purpose of this donation
policy is to provide a consistent and uniform policy for donation to the City of Colleyville; and to
provide the donor knowledge of the policies under which the donation is given and accepted.
All boards, commissions, committees, and City Council shall comply with this policy. All
departments and employees of the City of Colleyville remain subject to the City of Colleyville
Personnel Policy and Procedures Manua/, however employees and departments shall comply
with these policies.
In the event additional policies of the Colleyville Center, the Library, the Parks Department, or
any other City of Colleyville entity conflict with this City of Colleyville Donation Policy, this
policy shall take precedent and supersede the policies of those entities.
Donations from the Friends of the Library and the Library Foundation are exempt from this
policy. The Librarian will report donations to the City Council.
All donations shall be made to the City of Colleyville by use of the uniform City of Colleyville
Donation and Transfer of Title form. Specifications including plans, drawings, photographs, or
details pertinent to the donated item, including anticipated annual operating cost, shall be
attached as a part of the form. All spaces on the form shall be completed or noted if not
applicable.
Any special stipulations, including location and use of a donation, shall be established in the
Stipulation section of the Transfer of Title form. If no such stipulation is recorded on the form
or the addendum as a part of that section, the City shall have the right to use the donation as
determined by the City, free of encumbrances.
The City reserves the right to refuse a donation. The donor reserves the right to withdraw the
donation before formal acceptance by City Council.
In a multi-item donation, items may be accepted on an item-by-item basis.
Items donated for exhibit will be subject to a rotation of exhibit time in order to provide a variety
of exhibits, and to protect items adversely affected by exhibition. The City shall have the right
to determine times of exhibit. Proper preservation and care of donated item(s) shall be defined
under Stipulations if necessary.
The City of Colleyville shall not place a monetary value on a donated item; nor shall the City
issue a receipt or record a monetary value that has been determined by the donor.
Subsequent City insurance/accounting valuations necessary to meet standard city procedures
are separate and apart from the donation process.
When both the signature of the Donor and of the Mayor, representing the City Council's
approval, complete the Donation and Transfer of Title document, the donation becomes the
property of the City of Colleyville.
A copy of the completed Donation and Transfer of Title form shall be given to the Donor as the
donor's record of donation.
Donations of funds are welcome. The City shall expend those funds on materials, equipment
or projects acceptable to the donor if requested. Donated funds shall be deposited in donation
fund accounts when defined, and shall not be intermingled with the General Fund or donation
fund accounts of other departments, boards or committees.
Funds and services-in-kind provided to City of Colleyville sponsored events Celebrate
Colleyville and Colleyville Proud Clean Sweep shall comply with this policy in the form of a final
report.
Funds below $1,000 will be excluded from these policies.
Loans of items shall not be accepted by the City of Colleyville. Exceptions for special items or
events shall be evaluated by the City Council, and require approval by the City Council.
CITY OF COlLEYVILLE
DONATION AND TRANSFER OF mLE
@ (1u.e-'(IJ,C'l,..(..C' ~s€(3Au... Asc;o C,tA'fXO,J hereby give, assign, transfer, an
set over to the City of CoIleyville all of my rights, title, and Interest In the materials described below:
r 00
Funds ..:) J 000 -
Stipulations (if any) ~ r~l(tc~ of hd +,~ eel ~ ~ ..fU/? o..f e-cCc-tJc-..
Y(1! l 0. S fel (1:k S o...J f.e c-~e cJ.;... S{Je.e-J-tcJ( 00'/ c;
SpeciflcatIonsJPlanslPhotoslAnnual cost to city: Attached ,None_
I have read and understand the Donation Policy of the City of Colleyvllle, and accept the provisions (
that policy. A ~o p ,A 'c.k.-
SIgnaIurB of Dooor(s) ~ ~ /{c.,J..J -1'.... ~.l~ '" ~(. &se~ D":'''.~ . ~ - ~1
Date
Address of Donor f D. ..BtJ'I. /03
City CoI/~'IIJ; Ife... State
Phone Numbers: Home J /7-';<..51- oe! Z~
RECEIVED by
~ ZIP 7~~{
· OffICe SI'1~'1/b-"z2.~.$
Department
Board
or
By
Council Approval Date
Date
ResofuUonlOrdlnance Number
AccePTeD for and in behalf of the City of CoIleyvllle
By
Date
Mayor, City of CoIleyville
Accession Number
CITY OF COLLEYVlLLE
DONATION AND TRANSFER OF TITLE
e Cul\", vl\lQ., 61el <::. ~\ \ . hereby give. assign, transfer. an
set over to the City Coneyville all of my rights, We, and interest in the materials described below:
A
SpeciflcatlonsIPlanslPhotosfAnnual cost to dty: Attached
, None_
Department
or
Board
By
Date
Council Approval Date
Resolution/Ordinance Number
ACCEPTED for and in behalf of the City of ColleyvUle
By
Date
Mayor, City of ColJeyvllle
Accession Number
ce~
"rl'.",'';'
City of Colleyville
Agenda Briefing
100 Main Street '
Colleyville, Texas 76034
(817) 503-1 000
www.colleyville.com
File Number:
Version: 1
Requester: Budget and
Administrative
Services
File Name: Approval of a local historical marker entitled "Frontier Justice" to be placed at the Riley Family
Cemetery
File Type: Resolution
Agenda Date: 03/20/2007
Agenda No.: 4e
Status: Consent Agenda
Controlling Body: City Council
Final Action:
Attachments: Local Historical Marker "Frontier Justice" Application.pdf
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 03/20/2007 City Council
Title
Approval of a local historical marker entitled "Frontier Justice" to be placed at the Riley
Family Cemetery
Explanation
Reading and Public Hearing
In September 2000, the City Council approved the City of Colleyville Local Historical Marker
Program. Historical Preservation Committee (HPC) members continue to consider various
historical marker applications to designate people and/or areas, including buildings and
locations, of historical significance to the City of Colleyville.
On January 23, 2007, HPC members Nelda Thompson and Mona Coulter made a
presentation to the Historical Preservation Committee for a local historical marker entitled
"Frontier Justice" to be placed at the Riley Family Cemetery. The cemetery is located on
the west side of Brown Trail south of Cheek-Sparger and north of Woodbriar. The HPC
approved the application and seeks City Council approval. The application with a location
map is attached.
Financial Impact
It has been determined that the FY2007 Budget has appropriated $5,500.00 for historical
marker funding. A marker will cost approximately $900.00. No markers have been
purchased this fiscal year.
Recommendation
Approval
City of Colleyville
Page 1
Printed on 3/15/2007
COLLEYVILLE HISTORICAL PRESERVATION COMMITTEE
HISTORIC LANDMARK DESIGNATION FORM
1. Name John Alison Goldsmith (1855-18771
FRONTIER JUSTICE
Historic X
And/ or common
Land survey
block/lot
tract size
2. Location: To Be Placed in Riley Cemetery
Address West Side of Brown Trail
Location/ Neighborhood
3. Current Zoning - Nt A
4. Classification Nt A
Category
district
_ building(s)
structure
site
Ownership
Public X
private
Status
occupied
_ unoccupied
_ work in progress
Accessible
yes; restricted
~ yes; unrestricted
no
Public
Acquisition
in progress
being considered
Present Use
agriculture
commercial
education
transportation
entertainmen t
government
industrial
military
museum
_ park
residence
religious
scientific
other
5. Ownership Riley Family heirs- unknown-Adm.by City of Colleyville
Current owner: Phone:
Address: City: State: Zip:
6. Form Preparation
Name and Title: Nelda Thompson
Contact:
Organization:Colleyville HPC
Phone:8l7 -267 -0260
7. Historic Ownership
Original owner: Riley Family heirs
Significant later owner(s):
8. Construction dates
Original N / A
Alterations / additions N / A
9. Architect/Builder
Original construction
Alterations/ additions
10. Physical Description
Describe present and original (if known) physical appearance; include
style(s) of architecture current condition and relationship to surrounding
fabric (structures, objects, etc.). Elaborate on pertinent materials used
and style(s) of architectural detailing, embellishments and site details.
Cemetery is in well kept condition, It is approximately an acre.
It is in a residential neighborhood.
11. Historical Significance
Describe the historical significance of the property, include descriptive
material, footnotes, and a bibliography.
The Old Frontier has been romanticized in books and movies.
In reality, history tells us that it was a very hard life, and took
men and women in a constant struggle, just to survive the every day
hardships, We all need to remember them for their sacrifices
and hard work, in settling this land, for their future generations.
Then as now, there were some folks that went against the law, and were
eventually found out, for their deeds, Such was a man
named John Goldsmith, who found out that crime does not pay.
Never the less, we want to remember both the good and bad that
formed and shaped the old frontier. That is what has made our history so
interesting to us all.
12. Attachments
District or site map
Site Plan
Photos (historic & current)
13. Suggested wording for plaque marker (Must be approved by the
Colleyville
Historical Preservation Committee
FRONTIER JUSTICE
Texas has become synonymous with the Wild West. From its earliest days,
outlaws and thieves were as much a part of Texas legend and folklore as
longhorns and cattle drives. Famous outlaws, from Butch Cassidy and the
Sundance Kid, to Jessie James and Sam Bass, made frequent stops in the small
towns and communities of the Texas frontier.
John Alison Goldsmith became such an outlaw. In the 1870's a teenaged
Goldsmith anived in Texas, along with his parents and thirteen siblings. Living
was hard on the frontier, and Goldsmith soon took up the outlaw life.
After one arrest, Goldsmith escaped from the Tarrant County Jail, seriously
wounding a jailer. On November 24, 1877, his luck ran out, and he was shot
during an escape attempt after an arrest on suspicion of horse theft. He was 22
years old.
Goldsmith was buried on land that belonged to his sister, Sarah Goldsmith, and
her husband, Thomas Moore Riley. While the family erected a proper
headstone for him, only the sandstone base remains to mark his grave.
Designation Merit
X A. Character, interest or value as part of the development, heritage or
cultural characteristics of the City of Colleyville, State of Texas, of the
United States
_ B, Location of the site as a significant historical event.
C. Identification with a person or persons who significantly contributed to the
culture and development of the city.
D. Exemplification of the cultural, economic, social or historical heritage of the
city.
E. Portrayal of the environment of a group of people in an era of history
characterized by a distinctive architectural style.
F. Embodiment of distinguishing characteristics of an architectural type or
specimen.
G. Identification as the work of an architect or master builder whose individual
work has influenced the development of the city.
H. Embodiment of elements of architectural design, detail, materials or
craftsmanship which represent a significant architectural innovation.
I. Relationship to other distinctive buildings, sites, or areas which are eligible
for preservation according to a plan based on historic, cultural or
architectural motif.
J. Unique location of singular physical characteristics representing an
established and familiar visual feature of a neighborhood, community or
the city.
K. Archaeological value in that it has produced or can be expected to produce
data affecting theories or prehistoric value.
L. Value as an aspect of community sentiment or public pride.
Recommendation
"
11 t\ ))/1 ,(l)')' ",I>:' I
;' 1," J; f ' :,:,/ '.....Ji!/ ,,-.--/
Chair, Coll'eyvllle Historical eservatioii""Cop::unittee
\ -
--------------------------
for office use only
Date received:
Survey verified:
yes
no
Field check
date:
By:
Location Map
SPEAKER CARD
Date 0'7
. wish to address the City Council on the following subject:
flr~\QP~& ( ( ~ Cvv1c---,
~M_~v\ J
(
Agenda Ite~~ber: Ol
W~~ddress: ~ W/
Name: N'\d.... C1
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City: ~o1l1 r.n1LJ Telephone No 17
represent: ~ J ~~/seH
I understand that' am limited to five minutes and on items that are not designated
as Public Hearings, the City Council must "suspend the rules" in order to hear
public comments ?r questJons~ '
Signed Ndq ld ~
This information is a Public Record
SPEAKER CARD
Date
I wish to address the City Council on the following Subject:
Agenda Item Number: 0-07-/t7// G
Name: ~~~~'v~~ = Address: b/J/ ~.?It
City: ~/U~ Telephone No. e,7 ~;~//9
/
I represent:
~u--
organization/self
I understand that I am limIted to five mInutes and on items that are not designated
as Public Hearings, the City Council must "Suspend the rules" in order to hear
public comments or questions.
Signed ~~~~ -
This information is a PUblic Record
SPEAKER CARD
Date 01
I wish to address the City Council on the following subj~
~rti. '" .
Agenda Ite~ Numbe : 0 - 0'1 .. Hott 6 ~.
N~me:~~ ~ Address: -
Telephone No ~
City: \
I represent:
ftC. ·
I understand thaEmited to nve minutes an'd on items that are not designated
as Public He. in 5, th City Council must "suspend the rules" In order to hear
public comm, I or q. .
,
Signed
I
a Public Record
SPEAKER CARD
Date '/
-
I wish to address the City Council on the following subject:
~' IfiR<-. 12{) -,-:? - l 6 2o~ ~-.... 5 clef /1 J' ~
.
Agenda Item Number: b '-6) .1/1/ t -
Name: t~-!'!.5 L I~,,..l ~ (q, /1_0 Address: i ~ I 1 C:. I {+D'; '\'f:d.JL
City: (l.r:., I(~ 1.;211,- Telephone No. "6 tJ- 788 - <; I ') I
I represent: ~~/F
organization/self
I understand that I am limited to five minutes and on items that are not designated
as Public Hearings, the City Council must "suspend the rules" in order to hear
public comments qUf!stions.
Signed :...----
This information is a Public Record
SPEAKER CARD
Date: 3:..Zo . (} 7-
- ~
wish to address the City COuncil on the fOllOWing SUbject:
- - - -
Agenda 'lem NUl C -C>~- (C.il ~ ~
Name: ~ ..t _ Address: _ ~
City: - J. ~er<1~<.c!: _ Telephone No, ~
represent: ~P"'
- - - -
organization/self
I understand that I 1timlted to five minutes and on Items that are not designated
as Public Hearinl the r7CiI must "sUspend the rules" in order to hear
pUblic commen~ s.
Signed: ~'/ -
information is a Public Record
SPEAKER CARD
Date: g.to .07
, wish to address the City Council on the following subject:
R~ 'lo
~genda Item Number: 6--6
lame: Conn y /f/t'cktrm Address: (0/5 G(4-clt ~c{
City: CO() fl_y villI( Telephone No. 1-"2.-(.32-/;
I represen~ organization/self
I understand that I am limited to five minutes and on items that are not designated
as Public Hearings, the City Council must "Suspend the rules" in order to hear
pUblic com, eats r quesNons.
Signed ~ =-
This information is a Public Record
SPEAKER CARD
Date
I wish )ress the City Council on the following subject
~-2o ~.u- CL.~
Agen' 'n -07-(6 f/
l' ,
,.. :flh/l -1
Name l Address:
City: _ ~ T elephon
I represent:
organization/self
I undeJ IJo..five minutes and on items that are not designated
as PuA ;(unCil must "suspend the rules" in order to hear
public
Signed ~
information is a Public Record
SPEAKER CARD
Date ~\Zo
,
I wish to address the City Council on the following subject:
0-0-1 -~ Q-tD
Agenda Item Number: E:> - 0 I - ( fc, l (
Name: ~ ~ Address: J -Sf ~
City: ~{~~ Telephone No. _ ,
represent: ~ ;rganization/seH
I understand that I am limited to five minutes and on items that are not designated
as Public Hearings, the City Counci' must "suspend the rules" in order to hear
public commen stions.
Signed
This information is a Public Record
SPEAKER CARD
Date ~ VJJ7
I wish to address ity Council on the following subject:
/J
-
Agenda Item Nu , !JtL
Name:~ ~1!~ Address: -L
CitY:~ Telephone No.
L
I represent: I
I understand that I am limited to five minutes and on items that are not designated
as Public Hearin7f:' the City Council must "suspend the rules" in order to hear
P~bIiC comm IS or aUe&~ '
SIgned: .. J
'--"
This information is a Public Record
SPEAKER CARD
Date
I wish to address the City Council on the following subject:
-th'Q ~{)SoJ ;()i1i1l11/ (1\ttQVl~
Agenda Item Number: ~ tL
Name: turo I d LU~ ;++E'Yt Address: 100 q
City: Qdl ~~ Il " Telephone No, 7
I represent: .sel f OfV1d -TQ 11 ;\~
organizati /self
I understand that I am limited to five minutes and on items that are not designated
as Public Hearings, the City Council must "suspend the rules" in order to hear
public c S or ::')ons,
Signed
This information is a Public Record
SPEAKER CARD
Date: 2 0 11/1 ~ 2007
------ -----
I wish to address the City Council on the following subject:
fl~o."l ~t -/!(op...d Z'(!!f/~" (""I!J 11-& J. .:el C/s/e 'Ro~1
Agenda Item Number: . .5: 0 ~ 0 7 - / 6 / / ._-
Name: Roy JAc.I($!:7/V Address: / / I ~~ y' _U.-!:!~ (=--
City: COI.t. !fyi/ILL€' Telephone No. ra17- 3/3-1S"/2
I represent: CeOI?Gti J/J(K$~J/ (F/fTlfclf)
organization/self -----
I understand that I am limited to five minutes and on items that are not designated
as Public He1!ngs, the City Council must "suspend the rules" in order to hear
publiC comnts 'ues~
Signed
This information is a Public Record
This information
I understand that I am limited to five minutes and on items that are not designated
as P~b~!~Hearirigs, the,p~ty Council must "suspend the rules" in order to hear
PUbl'rcomme~~~r q~~;!~~ms.
Sign~\d: ./~/~:>-.)
.:
is a Public Record
.,-..'? j
c._, ., .A!...e..:
organization/self
represent
City:
LD0\
(,hFJ)
tJ
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Telephone No
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Agenda Item Number:
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Name:<:'-/I - t"'rJ
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the following subject
wish
to address the City Council on
Date
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SPEAKER CARD
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number: 0-07-1611
File Number: 0-07-1611
Version: 1
File Type: Ordinance
Agenda Date: 03/20/2007
Agenda No.: Sa
Status: Second Reading
Controlling Body: City Council
Requester: Community
Development
Department
File Name: Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 6.4
acres out of the George W, Teeter Survey located at 1301 Glade Road, Case Z-07 -005
Attachments: Location and Zoning Map . Preliminary Plat of King's Gate Addition . List of Property Owners
Notified . Applicant's Letter to Appeal · Letters in Opposition . Ordinance 0-07-1611
Final Action:
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 02/12/2007 Planning and Zoning
Commission
1 03/06/2007 City Council
1 03/20/2007 City Council
Title
Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 6.4
acres out of the George W. Teeter Survey located at 1301 Glade Road, Case Z-07-005
Explanation
Second Reading and Public Hearing
At the March 6, 2007 public hearing, one person spoke in favor of the request and six
persons spoke in opposition to the request.
First Reading and Public Hearing
Request. Ron Shirley has submitted a request to rezone 6.4 acres of land located on the
south side of Glade Road, south of Riverwalk Drive. The applicant is requesting to rezone
the property from AG-Agricultural to R20-Single Family Residential.
Platting. The subject property consists of one tract that is not platted. The property is
currently developed as a single residential lot that contains an existing home. The
developer has submitted a zoning exhibit that illustrates future plans to subdivide the
property into nine residential lots with frontage along a newly constructed public street.
Upon approval of the rezoning request, approval of preliminary and final plats will be
required prior to the issuance of building permits.
City of Colleyville
Page 1
Printed on 3/12/2007
Agenda Briefing Continued (0-07-1611)
Lot Sizes. The developer has submitted an exhibit illustrating the property boundaries.
The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of
100-feet and lot depth of 125-feet. The developer proposes to construct a cul-de-sac to
provide lot frontage. This site contains sufficient area to accommodate a nine lot
development.
Master Plan. The Colleyville Master Plan designates the future use of this area for single
family residential type land uses. The proposed rezoning request is in conformance with the
land use portion of the Master Plan. The Master Plan suggests a maximum residential
density of 1.8 dwelling units per acre in most situations. The proposed R20 zoning district
could yield approximately 13 lots, which would exceed the suggested 1.8 dwelling units per
acre. However, in order to subdivide the property a street must be constructed along the
perimeter of the property to provide the requisite lot frontage. The construction of a street
will consume approximately one-fifth of the total land area, which will reduce the number of
lots that may be developed to approximately 11 lots. Eleven lots would produce a density of
1.7 dwelling units per acre.
The Master Plan contains a recommendation that estate lots be developed adjacent to
collector streets, such as along Glade Road. The proposed R20 zoning district is not fully
compliant with that recommendation. The Master Plan designates estate lots as being
30,000 square feet and greater. The developer has indicated on the zoning exhibit that Lot
1, the only residential lot with frontage along Glade Road, will be developed as an estate lot.
The proposed lot will contain a lot area of approximately 29,079 square feet, which will be
similar to an estate lot. Lot 1 is a corner lot with frontage along Glade Road and the
proposed cul-de-sac. As such, Lot 1 will be required to provide a front yard setback along
Glade Road that will serve as a greenbelt between the road and the building envelope.
The R20 zoning district does not permit the use of conditions to ensure the subdivision of
lots greater than as required by the minimum standards of each zoning district. The R20
zoning district requires a minimum lot area of 20,000 square feet. If the zoning request is
approved, the property may be subdivided in accordance with the minimum lot standards of
the R20 zoning district. Conversely, the lot may be developed as a single estate size lot
regardless of the approved zoning designation.
Surrounding Development Trends. The surrounding properties are primarily single family
residential in nature. Properties along Glade Road to the west and are zoned R20-Single
Family Residential and are currently developed as single family residences. Properties to
the south and are zoned R20-Single Family Residential and are currently developed as
single family residences. The property to the east is zoned AG-Agricultural and is
developed as a single family residence. The property to the north is zoned PUDR-Planned
Unit Development Residential and developed as a mixture of office and retail uses.
Sidewalks and Trails. The Land Development Code requires sidewalks on all public
streets. The sidewalks internal to the development must be a minimum of four feet in width
and installed when any new structures are built on the property. The sidewalk along Glade
Road must be a minimum of five feet in width.
Traffic Generation. The Institute of Transportation Engineers publication Trip Generation
City of Colleyville
Page 2
Printed on 3/12/2007
Agenda Briefing Continued (0-07-1611)
provides estimates of expected traffic generation based on land use. Data has been
collected in the United States and Canada since the 1960's, primarily in suburban locations.
Single-family residences are expected to generate 9.57 trips per day, on average, Based
on this average, a nine lot development would add approximately 86 vehicle trips per day to
the surrounding roadways,
Summary. While the proposed zoning request is not fully compliant with the Master Plan
regarding the development of estate lots along collector streets, the request is consistent
with the recommended residential density of 1,8 dwelling units per acre. Staff feels the
request is consistent with the existing the R20 zoning designation in the area and with the
single family residential development trends along this portion of Glade Road.
Public Notification. Staff mailed notices to 23 adjacent property owners regarding this
request. Notice of the public hearing was sent to the Fountains at Riverwalk Homeowner's
Association. Notice was published in the Fort Worth Star-Telegram as required by state law
and the Land Development Code. Staff has received three letters in opposition to this
request. The total percentage of opposition is 7.5%. The letters have been included as an
attachment to this agenda briefing.
Planning and Zoning Commission Recommendation. Citing a preference for the R30
zoning district development standards, the Planning and Zoning Commission recommended
denial of the R20 rezoning request at the February 12, 2007 meeting by a vote of 4-2.
Since the Planning and Zoning Commission recommended denial of the request, the
request can only be approved by a supermajority vote by the City Council. This request
must receive at least six (6) affirmative votes in order to be approved.
Financial Impact
It has been determined that there is no financial impact.
Recommendation
Approval
City of Colleyville
Page 3
Printed on 3/12/2007
Location and Zoning Map
R-20
1416 1500
150
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1105 1105 1117
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1104 1108 1305
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1101 1105 1109 1113
4712 4801
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Z-07-005
Collins, Michael Etux Janet
1208 Chatsworth Dr
Colleyville, TX 76034
Duke, Clifton R
3416 Circle Bend PI
Edmond, OK 73034
George, Aby Etux Rosamma
1209 Glade Rd
Colleyville, TX 76034
Hubbard, R G
PO Box 494
Colleyville, TX 76034
Jackson, George M
1117 Garry Lynne Dr
Colleyville, TX 76034
Peitzsch, Fred Etux Carolyn
1300 Chatsworth Ct E
Colleyville, TX 76034
Rsd Equity Partners Ltd
704 Kent Ct
Southlake, TX 76092
Whitten, Harold Etux Linda
1209 Garry Lynne Dr
Colleyville, TX 76034
List of Property Owners Notified
Ron Shirley, applicant
5611 Colleyville Blvd. Suite 260
Colleyville, TX 76034
Cox, Hulen W Etux Dorothy J
1205 Garry Lynne Dr
Colleyville, TX 76034
Fountains At Riverwalk Office
704 Kent Ct
Southlake, TX 76092
Grisso, Terance R Etux Candice
1205 Glade Rd
Colleyville, TX 76034
Idol Investments Llc
1304 Glade Rd
Colleyville, TX 76034
Lansford, Chas W Jr Etux Stacy
1313 Glade Rd
Colleyville, TX 76034
Rcp Glade Road Ltd
32 Village Ln Ste 200
Colleyville, TX 76034
Salazar, John Etux Eva
1201 Garry Lynne Dr
Colleyville, TX 76034
Whitten, Harold Etux Linda
1209 Garry Lynne Dr
Colleyville, TX 76034
Ron Shirley, applicant
5611 Colleyville Blvd. Suite 260
Colleyville, TX 76034
Del Hierro, C & G Bone
5008 Bluebonnet Rd
Colleyville, TX 76034
Gammil, Greg
1312 Chatsworth Ct E
Colleyville, TX 76034
Hautanen, Osmo A
1304 Chatsworth Ct E
Colleyville, TX 76034
Indukuri, Raju & Vijaya
1212 Chatsworth Dr
Colleyville, TX 76034
Mauney, Keith Etux Tara
1216 Chatsworth Dr
Colleyville, TX 76034
Rodgers, Conrad B Etux Jackie
1213 Garry Lynne Dr
Colleyville, TX 76034
Smith, Denis J Etux Mona J
1308 Chatsworth Ct E
Colleyville, TX 76034
RWS MANAGEMENT INC.
5611 Colleyville Blvd, Suite 260
Colleyville, Texas.
76034.
Attention: Barry LeBaron.
Regarding Denied Zoning Request on re zoning of 1301 Glade Road.
I am requesting an immediate appeal before counsel on my denied request of
re zoning at 1301.
Respectful Submitted
~vJ~~
Ron W. Shirley
President
RWS MANAGEMENT INC.
RECEIVED
FEB 1 3 2007
Per .............
.page 1 01 1
Amy Shelley
From: mona
Sent: Tuesday, January 30, 2007 4:27 PM
To: Amy Shelley
Subject: Zoning Case Z-07 -005
Dear Ms. Shelley,
I received a Notice of Public Hearing today with the above referenced case number. We would be very
opposed to the rezoning of this property from Agricultural to R20. When we bought our home 7 years
ago one of the primary considerations in our purchase was the zoning of the properties behind us. We
desired to be in a neighborhood yet have some privacy and feel of more natural space. The property in
question offers natural beauty, trees, quiet, and privacy by nature of it's zoning. The changing of the
zoning of the property to allow multiple residential properties would drastically change the feel,
desirability and value of our property. We will do whatever is within our means to stop this zoning
change from being approved.
Thank you for forwarding this letter to the Planning and Zoning Commission hearings and to the City
Council for their hearing.
Sincerely,
Mona and Denis Smith
1308 Chatsworth Court
1/30/2007
EIZ t\0
Mr. Mayor, M~ers of the Council, my name is \et-2'S.~. I reside at 1306
Chatsworth ~djacent to the rear of the Glade Road property subject to discussion
on rezoning.. I represent the interests of my own and my next door neighbors, Keith &
Tara Mauney, at 1216 Chatsworth. Mrs. Mauney is here tonight.
We welcome any new development in our city, and even in our back yards, which will
enhance the quality of life for us personally and/or others collectively. This property is
prime for any developer. We together at one point considered acquiring it ourselves for
an identical purpose as the one proposed in this meeting.
Our serious interest in this property led us to explore the impact of its development on the
adjacent and downstream properties bordering the private lake and communal canal
system in the Lakes of Somerset. Apart from the immediate and theoretically limited
impact of physical surface contour remodeling of the land, one immediate and two
strategic issues arose.
These concerns led to our original disinterest in acquiring the property and our current
concerns over its proposed conversion.
The immediate issue does not affect humans in the Council's traditional sense, and the
two longer term impact issues affect many more residents than the two families I
represent tonight. They bring into this case the standing of the families of all Lakes of
Somerset residents located along its canal/lake system.
Let me iterate the three areas we know merit your attention, wisdom, and resources. We
thank you tonight for your audience.
1) Protected natural wildlife matters (the immediate and as yet unresolved issue). It
was brought to our attention that the Glade Road property is the probable nesting
home to home to the following native species: the red fox, and both white and
blue herons. Because of the "native" state of the Glade Road land, we are led to
believe that these species have been established over many generations and are
not transient residents. All three have been observed by the current and former
residents throughout all seasons for several successive years. Though we have
not received return communication from the Texas Secretary of State regarding
the current protective sanctuary status of these residents, we have been advised
that the white heron species has previously been accorded special sanctuary
protection in Texas, specifically on the campus of Mr. Mauney's former
employer, Southwestern D.T. Medical School in Dallas.
In the matter of the security of these species-and the fiduciary interests of the
property's developer-we ask that the Council defer a decision on the zoning
request until verification by the Secretary of State confirms that the food sources,
shelter, escape shelter, and nesting shelter of these wildlife will not be illegally
threatened or extinguished.
2) The Glade Road property is unique in the city of Colleyville in that it is the distal
funnel of the extensive surrounding region that directs water runoff exclusively
into a private lake (which we two parties privately own and maintain), which
further supports and affects the communal flood control canal and lake system in
the Lakes of Somerset. Our own engineers advised us that substantial reduction
of the open surface of the approximately six acre site will substantially increase
the rate--and thus hydraulic pressure force--of water runoff in even modest
(defined as less than one inch) rainfall. The modest brick and concrete dam at the
runoff end of our lake has not been engineered for such a contingency and would
likely not miraculously survive the abrupt and sustained spike of the many tons of
additional runoff pressure generated by runoff from high density surface
remodeling.
We explored the hydraulic impact effect of a drainage culvert diversion of flow
from the Glade Road property directly into our lake and arrived at the same
conclusion.
Our reasonable concern in this matter, therefore, centers around ensuring
beforehand that water volume/ and pressure runoff scenarios are accurately
projected and resources are applied to fortify our private dam to avert future
problems which might require expensive resolution along multiple fronts.
3) As stated earlier, the topographic stature of the Glade Road property directly
affects not only its adjacent rearward neighbors, it also touches literally every
resident downstream. Silt runoff, the conjoined twin to water drainage, is an
equal if not greater concern, for two reasons: it cannot be projected accurately by
quantitative means, and its affect is insidious, covert, and chronic.
We assume that the proposed rezoning to single-family development will survive
all of our lifetimes. The effect of the particulate runoff will be to decrease the
volume capacity of our private lake, a body which exists to maintain the sanitary
water level and flow of the canal system in the Lakes of Somerset subdivision.
Over the past three years the maximum level of this feeder lake has been depleted
by at least two feet. As stated, we realize that any prediction that long-term silt
runoff would absolutely increase, decrease, or remain the same is arbitrary and
irrelevant. What is certain is that the short term impact of silt runoff from bare
land during development over at least eighteen months will be dramatic. The
effect will be to further reduce-and threaten-the water resources infrastructure
engineered originally for the Lakes of Somerset canal and lake residents.
This impact should be carefully researched, documented, and presented for
response by the Lakes of Somerset Homeowners Association, whose legal and
financial position will be affected.
In summary, we are grateful for the interest, skill, knowledge and service the Council
offers. The unique posture ofColleyville among the D-FW communities has been the
result of the keen focus of its leaders on the long picture.
Thank you. We are confident that our concerns have been placed in the best of hands and
we look forward to working together to improve even further the fine quality of life
Colleyville represents.
(J~0~
Page 1 of 1
Amy Shelley
_'_'_"'_W"'N,,,_...~..~,,........~,,.,...'~~nmmn ,_.__.__.,^,~__.....__,,_,._____..'_'_m_"_,"''''n_'''__'__'__'N'~^'W,~".,."__._..._..._~_.m..,.",,,_~._.~"_."'__.-,-..-"""-,.--..,.,,, ""..._~__.'m,_,,,_"""N"""'__'_"""""""""_"'"
From: mona
Sent: Wednesday, February 21,200710:12 PM
To: Amy Shelley
Subject: Zoning Case Z-07 -005
February 23, 2007
Dear Ms. Shelley,
On January 30, 2007 I sent you a letter regarding our opposition to the above referenced rezoning
request. We received notice that the request was denied but is being appealed. Today I received a hand
delivered City of Colleyville Agenda Briefing along with a Bluebonnet Creek Zone A Mapping. I have
reviewed the Mapping and Briefing. Neither offers any comfort that the proposed development will do
anything but detract from the qualities of the zoning that backs our property. I reiterate that we
purchased our home in large part because of the zoning of the property behind our lot. We do not want
to lose the natural beauty, privacy and quiet offered by nature of the current zoning of the property in
question. Nor would we want to lose the value to our home as a result of the change in zoning
requested. Now that I have seen the description of what is intended for that property I feel even
stronger in opposition than before.
Please forward this letter to the Planning and Zoning Commission for their consideration in this
rezoning request.
Sincerely,
Mona Smith
1308 Chatsworth Court
2/22/2007
Amy Shelley
Sent:
To:
Cc:
From: Info
Wednesday, March 07,200712:00 PM
David Kelly; Jon Ayers; Tom Hart; Rich Hendler; Tony Licata; George Boll; Mike Taylor
Cynthia Singleton; William Lindley; Dal Anderson; Christine Loven; Amy Shelley;
roblooks@aol.com; duffydc@sbcgiobal.net; jeff.byerly@comcast.net; redfeam@bigfoot.com;
phelps-david@swbell.net; wilkesct2@comcast.net; mary@thetaylormadeteam.com
Subject: 2-07-005 - 1301 Glade Road- AG
Mr. Mayor, Members of the Council, my name Keith Mauney. I reside at 1216 Chatsworth Drive,
adjacent to the rear of the Glade Road property subject to discussion on rezoning. I represent the
interests of my own and my next door neighbors, Fred and Carolyn Peitzsch, at 1300 Chatsworth Ct.
This letter was presented to your office for consideration on February 9, 2007. However, this document
was not included in the packet we picked up last evening.
We welcome any new development in our city, and even in our back yards, which will enhance the
quality of life for us personally andlor others collectively. The location and size ofthis property makes
it prime for any developer. The four of us together considered acquiring it ourselves for an identical
purpose as the one proposed in this meeting.
Our serious interest in this property led us to explore the impact of its development on the adjacent and
downstream properties bordering the private lake and communal canal system in the Lakes of Somerset.
Apart from the immediate and theoretically limited impact of physical surface contour remodeling of the
land, one immediate and two strategic issues arose.
These impact issues led to our original disinterest in acquiring the property and our current concerns
over its proposed conversion.
The immediate issue I referred to does not affect humans in the Council's traditional sense, and the two
longer term impact issues affect many more residents than the two families I represent tonight. They
bring into this case the standing of the families of all Lakes of Somerset residents located along its
canal/lake system.
Let me iterate the three areas we know merit your attention, wisdom, and resources.
We thank you for your audience.
1) Protected natural wildlife matter an immediate and as yet unresolved issue. It was brought to
our attention that the Glade Road property is the probable nesting home to home to the following
native species: the red fox, and both white and blue herons. Because of the primitive state of
much of the Glade Road land, we are led to believe that these species have been established over
many generations and are not transient residents. All three have been observed by the current and
former residents throughout all seasons for several successive years. Though we have not
received return communication from the Texas Secretary of State regarding the current
protective sanctuary status of these residents, we have been advised that the white heron species
has previously been accorded special sanctuary protection in Texas, specifically on the campus
of Mr. Mauney's former employer, Southwestern D.T. Medical School in Dallas.
In the matter of the security ofthese species-and the fiduciary interests of the property's
developer-we ask that the Council defer a decision on the zoning request until verification by
31712007
the Secretary of State confirms that the food sources, shelter, escape shelter, and nesting shelter
of these wildlife will not be illegally threatened or extinguished.
"
,fII'
2) Water is as dense and incompressible as steel. The Glade Road property is unique in the city of
CoIleyville in that it is the distal funnel of the extensive surrounding region that directs water
runoff exclusively into a private lake (which we two parties privately own and maintain), which
further supports and affects the communal flood control canal and lake system in the Lakes of
Somerset. Our own engineers advised us that substantial reduction of the open surface of the
approximately six acre site will substantially increase the rate-and thus hydraulic pressure force-
of water runoff in even modest (defined as less than one inch) rainfall. The modest brick and
concrete dam at the runoff end of our lake has not been engineered for such a contingency and
would likely not miraculously survive the abrupt and sustained spike of the many tons of
additional force generated by runoff from high density surface remodeling.
We researched the hydraulic impact effect of a drainage culvert diversion of flow from the Glade
Road property directly into our lake and arrived at the same conclusion.
Our reasonable concern in this matter, therefore~ centers on ensuring beforehand that water
volume/ and pressure runoff scenarios are accurately projected and resources are applied to
fortify our private dam to avert future problems which might require expensive resolution along
multiple fronts.
3) The final issue concerns solid matter runoff. As stated earlier, the topographic stature of the
Glade Road property directly affects not only its adjacent rearward neighbors; it also touches
literally every resident downstream. Silt runoff~ the conjoined twin to water drainage, is an equal
ifnot greater concern, for two reasons: it cannot be projected accurately by quantitative means,
and its affect is insidious, covert, and chronic.
We assume that the proposed rezoning to single-family development will survive all of our
lifetimes. The effect of the particulate runoffwill be to decrease the volume capacity of our
private lake, a body which exists to maintain the sanitary water level and flow of the canal
system in the Lakes of Somerset subdivision.
Over the past three years the maximum level of this feeder lake has been depleted by at least two
feet. As stated, we realize that any prediction that long-term silt runoff would absolutely
increase, decrease, or remain the same is arbitrary and irrelevant. What is certain is that the short
term impact of silt runoff from bare land during development over at least eighteen months will
be dramatic. The effect will be to further reduce-and threaten-the water resources
infrastructure engineered originally for the Lakes of Somerset canal and lake residents.
We ask that this Council defer this zoning change until these forward looking matters are
carefully researched, documented, and presented for response by the Lakes of Somerset
Homeowners Association, whose legal and financial position will be affected.
In summary, we are grateful for the interest, skill~ knowledge and service the Council offers. The
unique posture of Colleyville among the D-FW communities has been the result ofthe keen focus of its
leaders on the long picture.
Thank you. We are confident that our concerns have been placed in the best of hands and we look
forward to working together to improve even further the fine quality of life Colleyville represents.
31712007
Steve & Connie Hickson
1315 Glade Road
Colleyville
817.821.4391
Date: March 6, 2007
To: Colleyville City Council
Subject: Agenda Item 6a
Zoning Change Request at 1301 Glade Road
Council;
Being a neighbor east of the property under consideration for zoning
change from AG to R-20, I would like you to consider the following
points in your review of this request.
Inconsistencv in the Master Plan
As noted in the P&Z Agenda Briefing Dated 2/12/07, this request for
zoning change is not consistent with the intent of the Master Plan that
states, "estate lots be developed adjacent to collector streets, such as
along Glade Road." The R-20 zoning by definition does not comply
with this.
This is a premiere location for the city. This is a gateway property'
with heavy traffic on Glade. The north/south street of Riverwalk also
brings traffic to Glade due to the commercial development. Lots of
people travel these roads and have an opportunity to experience the
spirit of the Master Plan. This area is located in an area which has
conformed to the "estate lot" requirement along "collector streets. II
My neighbor and I have developed 2 home sites on 6 acres just east
of this location. We developed our acreage within the guidelines of
the Master Plan.
Also, in the agenda briefing from P&Z, under the category of
"Surrounding Development Trends," there needs to be another point
added to this paragraph.' The surrounding properties are single
family residential on R-20 zoned land. The point that failed to make
the briefing is that although the zoning is R-20, the houses are
. developed on R-30 and R-40 standards giving the area on Garry
Lynne an "estate lot" feel.
Being present at the P&Z meeting, I watched the council deny this
proposal and comment this area needed to conform to the Master
Plan with R-30/R-40 lots. I am disappointed this R-20 request has
made its' way to the City Council, bypassing the stewards of the
Master Plan and their recommendations.
The citizens need your support of the P&Z and the sacredness of the
Master Plan. We also need to keep consistent with the surrounding
development for this property so when others travel on our "collector
streets," the Master Plan intent is recognized.
Drainaae
While investigating this property and the issue of drainage, the
attached map of the Bluebonnet Creek flood plain surfaced. I
received this from a realtor representing 2 parties that were pursuing
the acquisition of this property to place 2 homes on the 6 acres.
(Similar to what my neighbor and I have done)
This Bluebonnet Creek map of the 100yr flood plain was done by a
local engineering firm commissioned by a federal agency for future
flood plain designation. I would hope the city department responsible
for this has been informed of this situation.
As you can see, this property has potential under the 100 year flood
plain guidelines to be designated to as much as 500/0 flood plain.
Where will the proposed number of houses go and what type of
retention system will be put in place to handle the flow from
upstream? There does not seem to be enough room to put the
number of lots on this property if one considers this designation.
Currently the water flow through this property is a problem. Upstream
the developments have done a reasonable job of controlling the flow
of the creek. When the water leaves the northern pond system, it
backs up on this property. During the last major storm in December,
the water rose to within a few feet of the existing home on this site
and within a few feet of the homes on Garry Lynne Drive. As you
probably have noticed, during a downpour the runoff has even flowed
across Glade. Without proper attention to this flood issue, the current
residents and the sub-division of Lakes of Somerset will be dealing
with a tremendous amount of water.
Please investigate this situation on behalf of the residents it will most
affect. If there was not an issue of making sure there is proper space
to control water on this property, why would a federal agency have
commissioned this study for 'a future designated flood plain?
In review, this proposal does not conform to the Master Plan. It is not
consistent with the existing development and there may be a major
issue with flood plain.
I appreciate your service to the city and hope this information will help
you decide this is not good use of this property, hence denying the
request.
As you know, these decisions you and the other councils make need
to first be good for the citizens, then developers.
Thank you for your consideration.
~-
\...-
Steve Hickson
Attachment:
Bluebonnet Creek Zone A Mapping
ORDINANCE 0-07-1611
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 6.4 ACRES OUT OF THE GEORGE W. TEETER
SURVEY, FROM THE AG-AGRICUL TURAL DISTRICT TO R20-SINGLE FAMILY
RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for rezoning under Case
No. Z-07-005; 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 0-07-1611
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 6.4
acres out of the George W. Teeter Survey from the AG-Agricultural zoning
district to the R20-Single Family Residential zoning district, as depicted in
the attached Exhibit "A" and described in Exhibit "8".
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 violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined
in a sum not to exceed the sum of Two Thousand Dollars ($2,000.00) and a
separate offense shall be deemed committed upon each day during or on
which a violation occurs or continues.
THAT if any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall not
affect the validity of this ordinance as a whole or any portion thereof other
than that portion so decided to be invalid or unconstitutional.
THAT in addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
THAT it has been found that there has been a change in conditions in the
above described property, it is now necessary that it be given the above
zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare, and requires that
this ordinance shall take effect immediately from and after its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2007.
day of
Ordinance 0-07-1611
Page 3 of 3
The second reading and public hearing being conducted on the
2007.
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
EXHIBIT "A"
1416 1500
1100
R-40
150
R-
1105 1105 1117 4901
R-20 AG AG
1100 1104 1108 1112 1305
1315
1301
1101 1105 1109 1113
EJ 4712
1100
1303 1313 4713
1101 1105 1109
4708 4709
R-40
1304 1308 1312 AG
1309
EXHIBIT "B"
FIELD NOTES 10 lhat C6tail)lrIlct situated in theGeotge W, Teeter Survey. Ab5trn:t Ntuuber I,S~3, ."the eill' ofColleyville. Tamlll COlInty. Tn.as. and bei", the 1I8111t!tl'llCt
described in the deed 10 Clifton R., Duke and wifC:, Callda<;e t. Duke r.eronlt<! in Volume (1318, Page 128 unlle Deed Recunls ofTUTtnI Cobnry, Tena; Ihe: subject ~ beilltl mQrc
particularly ~rib<:d b)' mell!$ and bounds as (ollows; ,
BlSG1,'Il,"'TNG 811he llortlleut romer of SIIIII'iU TItI'(Qctf S<<liQn One 8ccoRliu,to the plat r<<orded in Volume :lllS.31, Palle: (1& i)f the Plat R<<onIs of TUl'llnl COUllty, TeIU, fmm
which a foulld li2 inch febar beats l'Iorth 12 Degrees easl . diSfat\~ of 0.5-4 m:t;
THENCE N0l10 119 Otttreell 48 Minull!$ 17 Seconds ~s.. with Ihll' lwrth line oflhe lrn:t described ill lite dcflllo Clifto'1 R. Duke and wife. CllJlIbIte I. Dulce reco~ ill Volume 6318,
!>age 328 oCtile: Oted !tecum ufTalTUl C01lnty, Texu (said Inlet h~iflafteneferred to as the 'Cuke lract~) 8 diM.1ICC! of272,06 fm III a 1,2 inch rebu found Rtllle
u011hllll$t comer them>f end the northwest comer ofthe IlliCtdescribed in the deed 10 RoOen Oe1le Hubbanl ~rded in Volume $864. "-p 4-<< i)flhe said Dwd RecoltlS;
THENCE Soulh 01 Oegree ~7 MillU~S 46 S<<onds Easl. ~'ilh Ihe eB$I lilltl oflluo $lid Duke tract and lhe wesl Iille oClhe $!lid Hubbnrd tract dCKribed ill !be deed fll(ordea ill VolulIltl
5804. Pa"", 444 lUId t!uoWtlSI Iille.,hllolher tr."1 10 Aid Robert Gene Hubblltd Ill!, Olle r<<ordt<! ii, Volume .5S64, PIl{ttl446 offIll: .ald Deed ltccotds a IOral disl1lm:e of
96916 feel to a 518 Inch rebaI' fOllnd ala salient comer in lhe north line of Block I of ne Lot~ of SGnlflrsel recorded ill Ctb"ll!l A, Slide 3 U of the said Pial Records:
THENCE Soul1\ OIl Deg.rcet 06 Minutes 01 ~cond Wesl, with lhe north line ofseid BIllC.'lc I a dislll":c of 15,97 f(!C1 III . lil inch retlar fOUnd al. ree.......I....IDtel'ofsaillllorth line;
THFNCF. N(,rlb 89 Oe~es~' MinUles 43 ~Or\d~ West. C"'t1il1uiI18 wilh lite 1>011h line of Block I . dislanee or26.39 feel loa beud jl158id Ilortlt line. trom which' Sill i"chrebar
round hear$ Nort~ 36 Oegnla WC$ta distance orO,38 feet;
THENCE Nortlt 89 DegfCC$ 2Q Minule$ 40 &cond$ Wesl. cOlllinlling ",..th lhe norlh li'le of Block I. dlstallceof170,.19 fa!tIO. 2 inca lMI pipe ($lIid pipe _removed by QrlH~rs
.nd sel in another location aftihllOli\'ll hereon) found ., the southeasl comero! SUlwiff! Ttfrma Section Two recorded in VotUlM 388.38. Page 91 uflhe seid Plat R~ords
and lhe soutllWCSI COlljer oflhe Dulce mct; , "
THENCE Nonh 00 Degrees 10 Mirmlts 37 Secollds West. with the west lineoflh" Duke ttllCl BIl<lthe _t line of said Sunrise TerreceS<<lions One & Two II disl1lnceOf980,56 feet
rerum,,,!!; lnthe PlACE OF BEG1N!WNG IUld enclosing 6A 19 IICNIS.
cene
'res..';'
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number: 0-07-1612
File Number: 0-07-1612
File Type: Ordinance
Status: Second Reading
Controlling Body: City Council
Final Action:
Version: 1
Agenda Date: 03/20/2007
Agenda No.: 5b
Requester: Community
Development
Department
File Name: Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 0.65
acres out of the S.C.H. Witten Survey located at 5504 Montclair Drive, Case Z-07-006
Attachments: Location and Zoning Map. List of Property Owners Notified . Ordinance 0-07-1612
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 02/12/2007 Planning and Zoning
Commission
1 03/06/2007 City Council
1 03/20/2007 City Council
Title
Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 0.65
acres out of the S,C,H, Witten Survey located at 5504 Montclair Drive, Case Z-07-006
Explanation
Second Reading and Public Hearing
No citizens spoke at the first reading and public hearing on March 6, 2007.
First Reading and Public Hearing
Request. Larry Stewart Custom Homes LP, has submitted a request to rezone 0.65 acres
of land located on the west side of Montclair Drive, approximately 850 feet south of Hall
Johnson Road. The applicant is requesting to rezone the property from AG-Agricultural to
R20-Single Family Residential.
Platting. The subject property consists of one tract that is not platted. The property is
currently developed as a single residential lot that contains an existing home. The
developer has submitted a zoning exhibit that illustrates future plans to develop the property
as a single residential lot. Upon approval of the rezoning request, approval of a minor plat
will be required prior to the issuance of building permits.
Lot Sizes. The developer has submitted an exhibit illustrating the property boundaries.
The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of
City of COlleyville
Page 1
Printed on 3/16/2007
Agenda Briefing Continued (0-07-1612)
100-feet and lot depth of 125-feet. This site contains sufficient area to accommodate a
single lot development.
Master Plan. The Colleyville Master Plan designates the future use of this area for single
family residential type land uses. The proposed rezoning is in conformance with the land
use portion of the Master Plan. The Master Plan contains a recommendation that estate
lots be developed adjacent to collector streets, such as along Montclair Drive. The
proposed rezoning is not fully compliant with that recommendation as it contains insufficient
lot area to be classified as an estate lot. However, both adjacent lots contain existing
residences and additional land is not readily available. There are a number of similarly
developed properties located along the northern portion of Montclair Drive that do not meet
the estate lot development standards due to the lack of available land.
Surrounding Development Trends. The surrounding properties are single family
residential in nature. Properties to the west and north are zoned R20-Single Family
Residential and are currently developed as single family residences. The properties to the
east are zoned R20-Single Family Residential and are currently developed as single family
residences. The property to the south is zoned AG-Agricultural and is currently developed
as a single family residence.
Sidewalks and Trails. The Land Development Code requires sidewalks on all public
streets. The sidewalks along Montclair Drive must be a minimum of five feet in width.
Traffic Generation. The Institute of Transportation Engineers publication Trip Generation
provides estimates of expected traffic generation based on land use. Data has been
collected in the United States and Canada since the 1960's, primarily in suburban locations,
Single-family residences are expected to generate 9.57 trips per day, on average. Based
on this average, a one lot development would add approximately 9.57 vehicle trips per day
to the surrounding roadways.
Public Notification. Staff mailed notices to 14 adjacent property owners regarding this
request. Notice of the public hearing was sent to the Montclair Park Homeowner's
Association. 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
req uest.
Planning and Zoning Commission Recommendation. The Planning and Zoning
Commission recommended approval of the rezoning request at the February 12, 2007
meeting by a vote of 4-2,
Summary. While the proposed zoning district is not fully compliant with the 2004-2025
Future Land Use Plan regarding the development of estate lots along collector streets, staff
feels the lack of available land and the development of similarly sized lots justifies the
proposed rezoning request.
Financial Impact
It has been determined that there is no financial impact.
City of Colleyville
Page 2
Printed on 3/16/2007
Agenda Briefing Continued (0-07-1612)
Recommendation
Approval
City of Colleyville
Page 3
Printed on 3/16/2007
Location and Zoning Map
5500
5503
R-20
5411 5409
5500
R-40
5604 R-20
700
5601 2104 2301
5608 5600 R-20
5512
5600 5601 5603 R-40 5513
5508 R-20
R-20
5504
5504 5515 5513
5502 AG
5404 R-40
5417
5501
Z-07 -006
Brewster, Keith W
PO Box 1685
Colleyville, TX 76034
Devine, Matthew E Etux Vicki D
5605 Versailles Ct
Colleyville, TX 76034
Haas, Jerome Etux Marilyn
5509 Clermont Ct
Colleyville, TX 76034
McCurray, Thomas E Etux Faye
2304 Hawthorne Ave
Colleyville, TX 76034
Subia, Marivel
5507 Clermont Ct
Colleyville, TX 76034
List of Property Owners Notified
Stewart, Larry, applicant
5501 Montclair St
Colleyville, TX 76034
Chitsazan, Amin
5502 Montclair St
Colleyville, TX 76034
Fisher, Walter Lee
5513 Montclair Dr
Colleyville, TX 76034
Hashem, Robbie A
5401 Willow Ln
Colleyville, TX 76034
McFarlin, David L Etux Connie
5504 Montclair St
Colleyville, TX 76034
White, Doyle Mark
5511 Clermont Ct
Colleyville, TX 76034
Stewart, Larry, applicant
5501 Montclair St
Colleyville, TX 76034
Cox, Laetitia R
5512 Montclair St
Colleyville, TX 76034
Grossman, Richard Etux Lisa
5607 Versailles Ct
Colleyville, TX 76034
Hemric, Michael Etux Patricia
5603 Versailles Ct
Colleyville, TX 76034
O'Brien, Peter M & Donna M
5509 Montclair St
Colleyville, TX 76034
ORDINANCE 0-07-1612
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 0.65 ACRES OUT OF THE S.C.H. WITTEN SURVEY,
FROM THE AG-AGRICUL TURAL DISTRICT TO R20-SINGLE FAMILY RESIDENTIAL
DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE
RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL TV OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for rezoning under Case
No. Z-07-006; 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 0-07-1612
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
0.65 acres out of the S.C.H. Witten Survey from the AG-Agricultural zoning
district to the R20-Single Family Residential zoning district, as depicted in
the attached Exhibit "A" and described in 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 violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined
in a sum not to exceed the sum of Two Thousand Dollars ($2,000.00) and a
separate offense shall be deemed committed upon each day during or on
which a violation occurs or continues.
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.
The first reading and public hearing being conducted on the
2007.
day of
Ordinance 0-07-1612
Page 3 of 3
The second reading and public hearing being conducted on the
2007.
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
EXHIBIT "A"
5604 R-20
700
2104 2301
5608 5600 R-20
5512
5600
5508 R-20
5504
5504
5502 AG
5404 R40
5417
EXHIBIT "B"
STAlE OF 'TEXAS
COUKI'Y OF TAMNn'
KNOW. AU. .M[N sr 1HESE PRESDnS:
~T wE. LAM'( $TOlWlT CUSTOM HOWeS. I..P.. 8EING THE OWNERS OF THE FOlJ..OWlNC DE$QIlIII€D ~h TO wrY:
BEING A TRACT Of' LAND OUT or THE S.C.H. wmEN SURVEY. A8STRl\Cf NO. HUI.TNlIWoIT COUNrt. TEXAS, AND
8EING THE SAME 1RACT OF lAND AS DESCRIBED IN 0EEl) RECORDEO IN COUNtY ClBI<S NO. D206381880, DEED
RECOfiOS. TARRANT COUNtY. .'fEl(AS. AND IlflNO DESCftIllED AS FOLl.OWS:
BEGlHNNi AT A CAPPED IRON ffi SET IN THE EAST UNE or LOT 1 5. BLOCK 1. NONT~ PARe. AN ADDITlON TO
THE QTY Of COlJ..E'MUE. TNUWCT COUtfV, TEXAS. ACCOROIHG TO THE PlAT RECOROEO IN CA9lN[f A" Sl..lOE 1194.
PlAT RECORDS. T.I\RRANT COUNN. TEXAS. FOR 1HE NORTHWEST c:QRHER OF' TRACT 8EJNG DESCftI!IED. SAID PCJlNf
BEIG THE SOUTHW!$T CORNER OF LOT 1. BLOCK t. ROBINSON ADDITION. AN ADOOlOH TO TH[ CItY or COL.IEMJ..E.
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IN .vt1UJtlIE '41'5. PAGE 'I;
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AND CONTAINIIG 0.048 ACRES or lNfO. MORE OR I.!SS
ccene
n;;'.,..
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number: 0-07-1613
File Number: 0-07-1613
File Type: Ordinance
Status: Second Reading
Version:
Agenda Date: 03/20/2007
Agenda No.: 5c
Controlling Body: City Council
Final Action:
Requester: Community
Development
Department
File Name: Approval to an Amendment to Chapters 9 and 14 of the Land Development Code regarding
emergency access gate maintenance, Case G-07-007
Attachments: Ordinance 0-07-1613
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 03/06/2007 City Council
1 03/20/2007 City Council
Title
Approval to an Amendment to Chapters 9 and 14 of the Land Development Code regarding
emergency access gate maintenance, Case G-07 -007
Explanation
Second Reading and Public Hearing
In response to questions from the City Council at the March 6, 2007 meeting, staff has
included acceptable gate design criteria for emergency entrance gates, which have been
added to the proposed ordinance. All gates shall be designed and constructed with
materials that are comparable to the subdivision perimeter fencing of the applicable
development, but shall not be a lesser design standard than shown on Exhibit "A" within the
proposed ordinance.
First Reading and Public Hearing
Attached is a proposed ordinance, which, if approved by the City Council, will amend
Chapter 9 - Subdivision Design and Public Facilities and Chapter 14 - Engineering Design
Standards of the Land Development Code to add new provisions regarding emergency
access gates. The proposed regulations will clarify the neighborhood association as being
the party responsible for maintaining the emergency access gates to their particular
development. The proposed regulations also contain application and permitting
requirements, minimum construction standards, and requirements for an inspection by the
Fire Department for all newly constructed gates. The regulations contain a provision to
allow the Fire Department to revoke an emergency access gate permit and to lock the gates
in the open position if the neighborhood association fails to properly maintain the gates and
City of Colleyville
Page 1
Printed on 3/14/2007
Agenda Briefing Continued (0-07-1613)
the automatic opening mechanisms. Currently, there are 31 emergency access gates in
Colleyville and eleven of the gates have electronically controlled opening mechanisms.
The proposed amendment to Chapter 14 of the Land Development Code does not require
any review or recommendation from the Planning and Zoning Commission.
Financial Impact
It has been determined that there is no financial impact.
Recommendation
Approval
City of Colleyville
Page 2
Printed on 3/14/2007
ORDINANCE 0-07-1613
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTERS
9 AND 14 OF THE LAND DEVELOPMENT REGARDING EMERGENCY ACCESS
GATES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214
on April 18, 2000, adopting the Land Development Code; 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 add certain
portions to the Land Development Code regarding emergency access
gates; and
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before
such hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT 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.
Sec.2.
THAT Chapter 14 - Engineering Design Standards, of the Land
Development Code, is hereby amended to add Section 14-138 regarding
emergency access gates to read as follows:
Section 14-138 Emergency Access Gates
A. Scope and Applicability - The regulations in this section shall be
applicable to all gates or barriers that are permanently installed across
an emergency access easement to a development for purposes of
controlling, limiting, or prohibiting vehicular public access to a
development.
B. Definitions - For purpose of this regulation, an emergency access gate
shall mean a gate mechanism which is used to allow access for
emergency service vehicles or to allow public access during an
emergency situation where the primary access to a development is not
accessible or is determined un-accessible by the Fire Department.
C. Permit - Approval of a permit issued by the fire department shall be
Ordinance 0-07-1613
Page 2 of 5
obtained prior to the installation of an emergency access gate. Fire
department staff shall coordinate the approval review process with
other departments, as appropriate.
1. Application: Application for an emergency access gate shall be
submitted on forms furnished by the fire department, and include, at
a minimum, the name and contact information of the gate
contractor, and the name and contact information of the party
responsible for the gate maintenance. The application shall be
accompanied by drawings of the proposed gate improvements as
outlined in this section.
2. Construction Plan Requirements:
a. For New Developments: Drawings showing the location and
design of the proposed emergency access gates shall be
included with the construction plans for the development. In the
absence of any construction plans for the development, separate
drawings showing the location and design of the proposed
emergency access gates shall be submitted with the application.
b. For Existing Developments: Drawings showing the location and
design of the proposed emergency access gates shall be
submitted with the application.
c. Sufficiency of Drawings: Plans and drawings shall be clear and
contain sufficient information and detail to determine
conformance with these regulations.
d. Design: The design of all gates, supporting members and
access control devices, including automatic opening systems
and manual backup systems, shall meet City guidelines or
policies, be compatible with City transmitting equipment, and be
approved by the City prior to installation. All gates shall be
designed and constructed with materials that are comparable to
the subdivision perimeter fencing of the applicable development,
but shall not be a lesser design standard than shown on Exhibit
"A". Lift arm gates or gates of similar design as shown in
Exhibit "8" shall be prohibited on new gate installations.
e. Encroachment Agreement: An emergency access gate proposed
for installation within a public right-of-way shall require the
approval of the City Council of a Right-of-Way Encroachment
Agreement.
3. Inspection: Upon completion of the installation of the emergency
access gates, the Fire Department shall inspect the gates for
conformance to these regulations and any other applicable codes
and ordinances. All emergency access gates, cross arms and
opening devices shall be tested and approved by the City prior to
Ordinance 0-07-1613
Page 3 of 5
being put into operation.
D. Requirements - All new emergency access gates shall comply with the
following minimum requirements:
1. When in the open position, an emergency access gate shall provide
an unobstructed opening of twenty-four (24) feet wide and fourteen
(14) feet high.
2. Swinging gates for single direction traffic shall swing in the direction
of vehicle travel.
3. Swinging gates for bi-directional traffic shall swing into the property
being entered.
4. Emergency access gates shall be installed within the limits of the
emergency access easement, unless an alternate location is
determined acceptable by the fire department. If located within a
public right-of-way, approval by the City Council of a Right-of-Way
Encroachment Agreement is required.
5. Gates shall not be installed within a required turning radius of a fire
access roadway.
6. An emergency access gate shall be electrically operated for entry
and exit by an approved emitter system (Opticom@) that is
compatible with fire department traffic signal pre-emption
equipment. The receiver equipment shall have Knox@ Key over-
ride and a power failure mechanism.
7. No parking shall be permitted within the emergency access
easement or near the emergency gates.
E. Pedestrian Access - A development containing an emergency acce.ss
gate shall provide for a separate pedestrian access gate within 10 feet
of the vehicle gate.
F. Maintenance - Emergency access gates shall be maintained in good
working order by the property owners of the development receiving
benefit from the gates. Gate maintenance shall include lubrication of
moving parts and hinges, batteries required for operation of the system
during power failure, and any electrical and mechanical equipment
required for the proper operation of the automatic gate opening system.
The City of Colleyville reserves the right to inspect an emergency
access gate at any time and require the party responsible for the
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Ordinance 0-07-1613
Page 4 of 5
maintenance of the gates to provide the repairs necessary to ensure
emergency access. The City of Colleyville assumes no responsibility
for the construction or maintenance of an emergency access gate.
G. Failure to Maintain - If the property owners of a development or the
homeowners association fail to maintain reliable access, the City shall
have the right to enter the development and remove any gate or device
which is a barrier to emergency access at the sole expense of the
property owners. The gate permit may be revoked and the gate locked
in the open position for any cause determined by the fire department to
be in the best interest of public safety.
THAT Section 9. 17. F of Chapter 9 - Subdivision Design & Public Facilities,
of the Land Development Code, is hereby amended in its entirety to read
as follows:
9.17.F Emerqencv Access Easements - Emergency access easements
shall have a clear unobstructed width to accommodate a pavement section
of not less than twenty-four (24) feet in width. The emergency access
easement shall connect at each end to a dedicated public street or shall
have a suitable size turnaround at the dead-end, and appropriate turning
space at inside corners to permit free movement of emergency vehicles.
An emergency access easement may be used as a driveway to gain
access to parking or loading spaces, but shall not be used for parking. All
emergency access gates shall provide for an opening of not less than
twenty-four (24) feet wide by fourteen (14) feet in height and include a
locking and opening mechanism acceptable to the Fire Department.
THAT all ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or
effect; provided, however, that the ordinance or ordinances under which
the cases currently filed and pending in the Municipal Court of the City of
Colleyville, Texas, shall be deemed repealed only when all such cases
filed and pending under such ordinance or ordinances have been disposed
of by a final conviction or a finding of not guilty or nolo contendere, or
dismissal.
THAT any person, firm or corporation violating any of the provisions or
terms of this ordinance shall upon conviction 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.
Ordinance 0-07-1613
Page 5 of 5
Sec. 7.
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.
Sec. 8.
THAT the effective date of this ordinance shall be immediate upon its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2007.
day of
The second reading and public hearing being conducted on the
2007.
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit "A"
~ Decorative Iron Gates
]Min. 4211
Max. 81.0"
11
Acceptable Gate Design
Exhibit "8"
Unacceptable Gate Design
rr
Signed
This information is a Public Record
I understand that I am limited to five minutes and on items that are not designated
as Public Hearings, the Cl..ty council must "suspend the rules" in order to hear
public com ents questions.
EBC~C
~lf
rganization/self
represent:
City:
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Agenda Item Number:
Name S~
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Telephone No
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wish to address
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on
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SPEAKER CARD
SPEAKER CARD
Date: 3 7
wish to address the City Council on the following subject:
I(J 577-
Agenda Item Number: 0-07- {tolL
Name: t)()~e M 0 Ld<::-IA Address: _, 0 S
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City: Co [fez,! v\.l {e- Telephone No
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represent: F!?cc/ (6 (f'l'U,!!e f};_sld 1-
f organization/self
I understand that' am limited to five minutes and on items that are not designated
as Public Hearings, the Cia' must "suspend the rules" In order to hear
public comments or qons. ~
Signed
is information is a Public Record
SPEAKER CARD
Date
wish to address the City Council on the following subject:
() - 67 -1/ It( Sll jJ hlL ~of, ., / ..sdle..>
Agenda Item Number: ;:
DAt2...r II <) d Bf2/AJ2 /C (Jlf jJ~,
Name: jI/l ~I::-A I cl t27 Address: I J 2-2-
City: /fLLE~ 1XJ 7CU7Y Telephone No.
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represent: .> -r
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organization/self
I understand that' am limited to five minutes and on items that are not designated
as Public Hearings, the City Council must "suspend the rules" in order to hear
public comments or questions.
Signed /7;:/
This information is a Public Record
Signed
This information is a Public Record
I understand that' am limited to five minutes and on items that are not designated
as Public Hearings, the City Council must "suspend the rules" in order to hear
public comme :s_or questions.
represent:
City:
Name:
Date:
wish to address the City Council
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Address: ?--l t6~ eL2SLLV\ \-- *<~Vl 12 ~
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as Public Hearings, the City Counci' must "suspend the rules" in order to hear
public comme or questions.
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Signed:
This information is a Public Record
organization/self
City:
Name
Date:
wish to address the City Council
Telephone No
;J/(1JtJ
SPEAKER CARD
Signed
This
information is a Public Record
I understand that I am limited to five minutes and on items that are not designated
as Public Hearings, ~e City Council must "suspend the rules" in order to hear
public com o( qjJesliOns.
represent62?Lr
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SPEAKER CARD
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City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number: 0-07-1614
File Number: 0-07-1614
Version: 1
Requester:
File Type: Ordinance
Status: First Reading
Controlling Body: City Council
Final Action:
File Name:
Community
Development
Department
Approval for a Special Use Permit for alcohol sales on Lot AR of the E.M, Thompson
Subdivision located at 5224 Colleyville Boulevard, Case Z-07-003
Agenda Date: 03/20/2007
Agenda No.: 6a
Attachments: Location and Zoning Map . Letter from Applicant Requesting Postponement. Notification
List. Statement of Planning Objectives' Information from Applicant,pdf. Letters in
Opposition . Opposition Map. Ordinance 0-07-1614
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 02/12/2007 Planning and Zoning
Commission
1 02/26/2007 Planning and Zoning
Commission
1 03/20/2007 City Council
Title
Approval for a Special Use Permit for alcohol sales on Lot AR of the E.M. Thompson
Subdivision located at 5224 Colleyville Boulevard, Case Z-07 -003
Explanation
First Reading and Public Hearing
Request. On March 9, 2007 the applicant submitted a letter to staff requesting that City
Council postpone consideration of the request due to the applicant's inability to attend the
public hearing because of a scheduling conflict. Mr. Don Noblit, agent representing the
property owner of this commercial building on Colleyville Boulevard, has applied for a
Special Use Permit (SUP) for the on-premises sale of alcoholic beverages. The applicant
has indicated in the attached copy of the Statement of Planning Objectives of the intent to
reopen the facility as a family sports dining establishment. The proposed business name is
Papa G'S and the prospective tenant operates a similar facility in Bedford. The Land
Development Code requires approval of a SUP for the sale of alcoholic beverages.
This property was previously approved for a SUP for alcoholic beverage sales on
September 11, 2001, which was subsequently repealed by the City Council on September
19, 2006, after the previous tenant vacated the premises, The building has remained
vacant since the middle of summer, 2006.
City of Colleyville
Page 1
Printed on 3/15/2007
Agenda Briefing Continued (0-07-1614)
The following are the primary issues associated with this request:
Alcohol License Requirements. The Texas Alcoholic Beverage Code (TABC) requires a
state license for an establishment selling alcoholic beverages, T ABC requires the City to
certify that the location of the business where alcoholic beverages will be sold is in
compliance with local zoning regulations. In Colleyville, each location where alcoholic
beverages are sold requires the approval of a Special Use Permit by the City Council. Once
an establishment obtains a state license, a City of Colleyville alcohol beverage license may
be issued, The City of Colleyville requires a new business selling alcoholic beverages to
submit quarterly sales reports to verify compliance with the 60/40 non-alcohol to alcohol
sales ratio, Upon successful completion of the reporting process after the first year, a new
business is only required to report alcohol sales ratios thereafter on an annual basis,
Existing Property Conditions. An existing vacant structure, outdoor seating area and
parking lot are located on the property.
Fire Protection. The City Local Amendments to the International Fire Code (IFC) states
restaurants that serve alcohol and exceed 5,000 square feet of total floor area must install a
fire sprinkler system and alarm, The calculation of the floor area includes any buildings or
structures connected to or located within 20 feet of the establishment serving alcohol. The
IFC specifically states that a fire wall does not waive the requirement of a fire sprinkler
system.
A fire sprinkler system was not installed in 2001 with the approval of the preceding SUP for
on-premise alcohol sales at this location, Staff has determined that the 1991 Uniform Fire
Code, which was the fire code utilized in 1999, required restaurants that served alcohol and
exceeded 5,000 square feet of total floor area to install fire sprinkler systems. An apparent
oversight by staff resulted in the absence of the fire sprinkler system.
The applicant has provided a letter to staff stating that the property owner has agreed to
install a fire sprinkler system. Staff has included installation of the fire sprinkler system as a
condition within the proposed ordinance,
SUP Termination Date. At the February 12, 2007 Planning and Zoning Commission
meeting, a member of the Commission stated that a potential condition of approval may be
a termination date of the SUP that would occur approximately one year after the date of
approval. In order to continue selling alcoholic beverages, the applicant would be required
to reapply for a SUP for the on-premises sales of alcoholic beverages. The ability to sell
food at the restaurant would not be affected by the termination of the alcohol SUP. At that
earlier Commission meeting, Mr, Haddad stated he would support a condition within the
approved ordinance that resulted in the termination of the SUP. A subsequent letter
submitted by the applicant states that Mr, Haddad no longer agrees to a SUP termination
date as a condition of the ordinance.
Exterior Elevations. A letter submitted by the applicant states that no exterior illustrations
are available as no structural changes are proposed for the exterior. The applicant does
intend to paint the exterior in a color scheme similar to that of The Village development.
City of Colleyville
Page 2
Printed on 3/15/2007
Agenda Briefing Continued (0-07-1614)
Hours of Alcohol Sales. At the February 12, 2007 Planning and Zoning Commission
meeting, the Commission questioned Mr. Haddad why a business marketed as a family
establishment would remain open until 2 a.m. Mr. Haddad responded that most families
leave the establishment at 10 p.m. The majority of establishments within the City of
Colleyville that currently have alcohol beverage permits discontinue the sale of alcohol at 10
p,m., Sunday through Thursday and at midnight on Friday and Saturday.
Distance Requirements from Churches and Public Hospitals. The Colleyville City Code
requires that businesses serving alcoholic beverages be located at least 300 feet away from
a church or public hospital. The distance is measured from front door to front door, along
the street front property lines for churches and public hospitals. The subject property
satisfies this requirement.
Distance Requirements from Schools. The Colleyville City Code and State alcohol laws
require a 300-foot distance separation between school property and property where
alcoholic beverages are sold. The distance is measured from property line to property line.
The subject property satisfies this requirement.
Master Plan. The Colleyville Master Plan designates the future use of this area for
retail/commercial land uses.
Public Notification. Staff mailed notices to 25 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.
Planning and Zoning Commission Recommendation. At the February 26, 2007
meeting, the Planning and Zoning Commission recommended approval of the request by a
vote of 4-2 with the following conditions:
1, Alcohol may be served from 11 a,m, to 10 p.m., Sunday through Thursday;
2. Alcohol may be served from 11 a,m, to midnight, Friday and Saturday;
3. A fire sprinkler system and alarm will be installed in accordance with the City Local
Amendments to the International Fire Code prior to the issuance of a Certificate of
Occupancy.
Financial Impact
It has been determined that there is no financial impact.
Recommendation
Staff recommends approval of the request with the following conditions:
1. A termination date of the Special Use Permit (SUP) for the on-premises sales of alcoholic
beverages one year from the date of approval;
2. Alcohol may be served from 11 a.m. to 10 p.m., Sunday through Thursday;
3. Alcohol may be served from 11 a.m. to midnight, Friday and Saturday;
4. A fire sprinkler system and alarm will be installed in accordance with the City Local
Amendments to the International Fire Code prior to the issuance of a Certificate of
Occupancy.
City of Colleyville
Page 3
Printed on 3/15/2007
Location and Zoning Map
Don Noblit Associal 5, Inc.
iMcred Invatmcnl A
-Building Block for ~ futuTe"
March 09, 2007
Chris Fuller
Development Coo inator
City of Colleyv'lle
100 Main Street
Co11eyville, Te s 76034
Via fax: 817-50 -1059
to a pre-planned event that will have me
the March 20th Colleyville City Council
pectfully reqlJest:l.ng a postponement: of the
ideration to the April 3~o and 1 '7 ell
~ have any questions, please don't hesitate
RE: Z-07-003 SU for Alcohol Sales
5224 Colley 'lle Boulevard
Dear Mr.
As discussed, d
out of state fo
meeting, I am r
City Council co
calendar. If y
to give me a ca
Thank you for y
r consideration and understanding.
Very TrU~lY Yours,
Q, ).A.-/... c.."
~, Nobl t
Agent
RECEIVED
MAR 0 9 2007
Per .............
1717 Terrell Odw
Fart Worlb. TX 76110
MeIl'O (817) t98-11Z2
P.O. .. I""
Fort Wodh, TX 76182
FAX (817) t9&o5S22
Offerias .-ml-.riti tIInNp SWS FiluMYI s...icft,...... N.A.S.DJS.I.P.c., (21f) 159-1_
1'101 ElM sen.t. SuM 3SOO. 0.1.... T_7527Q
OWNER_NAME
5224 Colleyville Ltd
Adams, Anne Marie
Allgood, Paul Richard
Applebee's OfTexas Inc
Barnard Partners Xii Ltd
Bojku, Afrim & Hajri Bojku
Brothers, Lloyd
Colleyville Land Investors #1
D & V Walker Family Lp #2 Etal
Davidson, Charles
Davis, Bobby Joe
Ethridge, Edgar
First Baptist Ch Colleyville
Gibson, Norman C Etux Doris A
Hart, Kay Lynn Foster
Hudson, Keith Carroll
Isbell, Steve E Etux Krist;
Looney, Karla E
Miller, Louis C Etux Elizabeth
Mitcham, Carl D & Brian C
Nit Investors No 2 Ltd
Taylor, Betty Joan Est
Venable, Ruth M
Village Management Ltd
Village Monticello Prtns Ltd
OWNER_ADDR
640 S Ayrshire St
PO Box 337
3815 Rufe Snow Dr
4551 W 107Th St Ste 100
PO Box 37206
5309 Colleyville Blvd
PO Box 45
99 Main St Ste 200
5501 Normandy Dr
22 Rhapsody Bend Dr
8304 Old Springfield Pike
3324 Dustin Trl
5300 Colleyville Blvd
113 Timberline St S
5301 Pleasant Run Rd
PO Box 1227
5112 Oak Timbers Ct
5109 Oak Timbers Ct
7802 Tillman Hill Ct Unit B
PO Box 983
99 Main St Ste 200
2814 Newcastle Dr
PO Box 362
99 Main St Ste 200
99 Main St Ste 200
Notification List
OWNER CITY
Crosby ton
Colleyville
Fort Worth
Shawnee Mission
Fort Worth
Colleyville
Colleyville
Colleyville
Colleyville
The Woodlands
Goodlettsville
Hurst
Colleyville
Colleyville
Colleyville
Colleyville
Colleyville
Colleyville
Colleyville
Colleyville
Colleyville
Grapevine
Colleyville
Colleyville
Colleyville
OWNER OWNER
STATE ZIP SITUS_ADDR
TX 79322 005224 Colleyville Blvd
TX 76034 000000 Colleyville Blvd
TX 76180 005307 Colleyville Blvd
KS 66207 005150 Colleyville Blvd
TX 76117 001105 Professional Ct
TX 76034 005309 Colleyville Blvd
TX 76034 005310 Pleasant Run Rd
TX 76034 005217 Pleasant Run Rd
TX 76034 005226 Pleasant Run Rd
TX 77382 005200 Colleyville Blvd
TN 37072 005313 Pleasant Run Rd
TX 76054 005309 Pleasant Run Rd
TX 76034 005312 Colleyville Blvd
TX 76034 005117 Colleyville Blvd
TX 76034 005301 Pleasant Run Rd
TX 76034 000000 Colleyville Blvd
TX 76034 005112 Oak Timbers Ct
TX 76034 005109 Oak Timbers Ct
TX 76034 005303 Colleyville Blvd
TX 76034 005121 Thompson Terr
TX 76034 005204 Colleyville Blvd
TX 76051 005108 Oak Timbers Ct
TX 76034 005300 Pleasant Run RdtTX 76034 000032 Veranda Ln # 210
TX 76034 000013 Main St
STATEMENT OF PLANNING OBJECTIVES
The facility at 5224 Colleyville Boulevard has, for the
last few years, been operated as a restaurant and sports
bar. As such, the facility is configured with a full
kitchen and bar. Any departure from this type of operation
would involve a large expenditure on either the owner's or
the tenant's part, which would make the renting of this
property extremely difficult. In light of the recent
history of the facility, which resulted in the withdrawal
of the liquor permit, every effort has been extended to
upgrade the quality of the tenant. At this time a
prospective tenant has proposed to reopen the facility as a
family sports dining establishment.
The prospective tenant is George Haddad, who has a similar
type of family sports dining establishment in Bedford,
Texas and recently one in Keller, Texas known as Papa G's.
These locations are very successful and reputable backed by
Mr. Haddad's forty years of experience. Mr. Haddad is in
the process of developing his plans for this facility and
will apply to the City of Colleyville for the necessary
permits and licenses. Mr. Haddad is willing to discuss his
plans for the facility and would be more than willing to
conduct a tour of his current facility in Bedford.
The purpose of this Special Use Permit application by the
owner of the property is to reestablish the liquor permit
for this facility in order that Mr. Haddad can proceed with
his plans to develop the facility as a family sports dining
establishment.
RECEIVED
Per ..............
Information from Applicant
Don Noblit Associates, Inc.
Registered Investment Advisor
HAND DELIVERED
IIBuilding Block for the Future"
March 14, 2007
Chris Fuller
Development Coordinator
City Council
100 Main Street
Colleyville, Texas 76034
RE: Z-07-003 SUP for Alcohol Sales
5224 Colleyville Boulevard
Dear Mr. Fuller:
I am writing this letter to address the early closing issue that
came out of the Planning and Zoning hearing. Their consideration
of my tenant's (Mr. Haddad), as well as the owner's
(Mr.Hartsell), concerns in the proposed endeavor was appreciated.
As discussed in the prior letter to the Council, I will be
available on the April 3rd Council meeting to discuss our
remaining concern outlined below.
Mr. Haddad's business model caters to the 114 corridor
restaurants, area restaurants and the DFW Airport service
industry worker and provides them an establishment to gather and
dine in at the end of their day. The success of his
establishment is predicated on extended hours of operation. Mr.
Haddad feels that a Colleyville location will be closer and even
more conducive to this type of business than even his successful
Bedford location. Of course, normal restaurant business hours do
not service these patrons.
Mr. Haddad has many years of successful operation of this type of
establishment and has more importantly been able to maintain a
good rapport with local law enforcement. Staff training in the
letter of the law is high on his priority list. As stated to the
planning and zoning commission, we have made great efforts to
find a reputable occupant for this building in light of recent
history. We believe we have accomplished this with Mr. Haddad
and fully intend to be good citizens and look forward to a
successful, long-term endeavor at this location. I pledge to
respond to any problems immediately and can be reached at 817-
498-1122. Your earnest consideration of our proposal is much
appreciated.
~r~ (y~
~~Oblit, agent
8717 Terrell Drive
fort Worth, TX 76180
Metro (817) 498-1122
P.O. Box 820895
fort Worth, TX 76182
f)LX(817)498-5522
Offering general securities through SWS Financial Services, Inc. Member N.A.S.DJS.I.P.C., (214) 859-1800
1201 Elm Street, Suite 3500 · Dallas, Texas 75270
Don Noblit Associates, Inc.
Registered Investment Advisor
"Building Block for the Future"
HAND DELIVERED
January 31, 2007
Chris Fuller
Development Coordinator
City of Colleyville
100 Main Street
Colleyville, Texas 76034
RE: Z-07-003 SUP for Alcohol Sales
5224 Colleyville Boulevard
Dear Mr. Fuller:
In response to your FAX of January 24, 2007, attached are
the answers to the questions posed by the "Development
Review Committee." The answers were prepared by Mr. George
Haddad, who is the prospective tenant for the location.
Please be advised that we are more than willing to answer
any additional questions or provide any clarifications
necessary as is Mr. Haddad.
Sincerely
fJ 7. - .r' r'A~,
:~ ~bl t
President
:cc
8717 Terrell Drive
Fort Worth, TX 76180
Metro (817) 498-1122
RECEIVED
JAN 3 1 2007
p.o. Box 820895
Fort Worth, TX 76182
FAX (817) 498-5522
Per .............
Offering genera1securlties through SWS Financial Serrien,lne. Member N.A.S.DJS.I.P.C., (214) 859-1800
1201 Elm Street,. Suite 3500 · Danas, Texas 75270
PAPA G'. SPORTS BAR . GRILL
TO:Development R8vitNr Committee
SubjeCt:R..po.... to 10 commiU8e queatio...
1 . The extBrior of the building will be totally N-don. with repairs to certain
area. that are In need .Our Intention II to paint the _.riot with the ..me
colors _ the vlllag_ of Colleyvllle and the CoIleyville town center,8o that it
c....... an appeaRng blend that co-ordlnatM with the background (
Villa".. Of Call.pllle). .
The parking lot will be cleaned and power _.bed,"'n .....trlped .A
stained wooden fence will be installed to block the c....k.......PaI trees and
banana treee will be plard8d Infront of the '-nee to create . tropical look .
(S.. attached exhibit)
2 - No expa.ntlon to the building will take place. .
3 - Yes the exJettng outside ..ling ..... will be utiUzecl and vasty iMproved
with tti. Installation of. wooden deck and Iron fence along with
landscaping which Includes potted treM and the front of the patio will be
I.ndscaped..
4 . No the outdoor a.... will not be .c....ned but we will have umbreU.. to
block th8 sun. Wat8r 1111..... will be .....IIecI.Outdoor propane h..... will
be placed.The iron fence Ie ... in height and it will have protKtive screen
around it .that will block any wind and d..-t.
5 - Yes alcoholic beverag.. will be sold and co..umed outside In
compliance with TABC ruIN and nlgulatlona.
6 - Hours of operation a.. from 11 am ti,. 2 am I18V8n cia,. a w..k.
7 .. Hou... of alcoholic MrvIce are the ...... _ the operating hours.
8 .. We will have no pool fa... since we .... a family ori.nlsd sportl dining
facility. However we shall have on p..miNe aome electronic video pm..
such as Golden Tee 2007 and a couple of video p..... for the children. We
do not anticipate havin ,~~ ~n~ .but W8 will Mve a live disc J()Ckty em
Thvraday~rrfiy a satUrday nigfifa.
9 - The total equa..l'aotage .. .,800 Mfua.. fMt.
10-The entire building wiD be UNd.
ii-The landscaping along ColleyvIUe Blvd.wIIl co~ist of palm...... -
shrubrHtry along the perimeter of the patia.geuonal coIarfuI plants will be
pla~ in Orde~ to add an appealing look for .... drtve by trafftc and
pot8ntial gueats to our ....bI.........t.
12-No puking lot win not be IICl'MI1ed from CoIa.yv.... Blvd.
13-The adjacent vacant lot will not be UMd.Ho-.v.r if it Ie deemed
nee....ry to .... the parklnglot,then we .hall meet "ith thl property
owner and dlac... pennit arrangem... and obtain a pennitlleanwhile we
ahall not be held ....~ible If 801M patron deci... to park on the vI.nt
lot.
14 a-IMnU ie lncluct.cl.
b. The enlMiar will be pain.. with neutral colofa. all wal18 will haye .
brick lookAlI counter tope wll be IaminatH .nd ....urfac:ed. The ftOOI'8 will
be carpatIKI.Booths will be inetalled along the b8ck wall .nd the
window aide.
c..Walkin cooler and freezer- .enlahood _nalation syatem-heat lamps..
reach In coo..... and ~i"I.......; pntp tabl.....ndwlch prep
.ervlce unlt..oda fountain dlspeuo,-hand slnb- wa..... elation prep
aru-commerclal dlahwaeheNnOp alnk-
d- food to "coho' ratio in Bedford.. in complillnca
......tring will a.erage four kItChen .."..two barIand.....o.. _.ck-
one bueeer- 8 ..rve.. - a nightly door peraonlbouncer to check 1.0. and
ahift .upeNlaor.
f...mnglev.11s Identical to the staffing level described ib uction "e"
above.
8-No polic. incldenta ather than once when . alnk has fallen off the
wall and we thought. patron waa Involved,ao we summoned the police
Just to protect ou....I... Juat In c_1t ... . patron.
h-a TABC pennit with lata hou.. will be poatBd In "Is location.
15.. The Mtlmaf8d ..... tax to be paid annualy baNd on the *aua1'8 footage
should be approximabtly . 800,000.00pIU8 , for the duration of the ......
fJlP/1
/
(;.,5
A'E~1J9qIfH,N r
;t??RXIN6 ~4' 'j'
510' At
>D
\
(~/I'~Ybl//~E"
P.B7/t?
i.~p6{:$~~~
ClttA:5~ ."p,tf6"A
.:$/ DE(-I/~L K.
C'&JL~6VV/LL6 BLvd
....._...._11_1111_11111111.
, ..
SM. Ht.hway . 'II
..d......,...... .,.S..
..7.15......
F...,... ........ 817.154-4...
_--_____11------------
---------------------
App.etzers
.... '" CId..... ............_---.............-..-..--.......-.................!l.S
GIant nounorJla stlltftd VtllII cIIe_ I114lOtallty .Nl'lICIlleel Or e/lldIMl. seMel WitllIOU' et.am lno IIlJa.
........ .....M_____.._.._..........._..__........--.--..-....,...
Sp,....c11 .. lItie~ow.l\e.tu. lOut eteam. and ~lm CIl_ 6lutted In I .ant ftOd( tDltlga aile! s8MNl wi1n IIlielc (If ..lie.
V......n .........- ..M.....................H..............,"'.......M.........H....H...........................
A. .o~ $C,:l;l~ 1Iour llYtlla rubbllCl with "rile olMllll ond ItUtficd lI'iIh rnlnnll1lllluce.lbll1an ulIIlIllD. aeut6ed
llIla ll.p~ oniona. and lllac:k elMs. II nd topped whit mO)U,eila the.... 6tI118C1 _ IIl1ic11 of _rillai'll UIll=' lor dillpln'
........ ...~ _........."M....'....._.._..................~......................__..............."..,...
llRo.boUIrcd ~ cniclmn strips served MlIII :hc;/ce III ranch.~. Of nonl)' muttarll sauce Ind I lidl ~ Frll1cil frieS,
....... ......................... .......................................__..................M.....................
Jallpeno ~llpl" Ritre<l wiI/l 'M8consln cIIldGlr ell_I. nqqd wiIh dlc:8cljallll*101 enel rrlld lOl ~en brllWJ>.
sefIIe(l wM I "de II ranch '.....n...
....... ...... ................ air a& A ...........................................................................M...s....
S,ueNd moz2_1I. ell.... Mivtd widllrllrinllra uUCll. .
..... ........._...........................................................................M...........................
lliIChor. will11W8rd wlnnns r~ G11ln 1llOtICd ~ chedd.. ~ .,..,k OliYl.. tomllDII. oniolll. end jllllpcno&.
Served v.iU'llOUr cream.
.... ~ ......................lTT r, ........................"................................................s.....
....a.... .... ....... ... _..__...............__.._...._..-...-.----...s....
A I11lI1d cf sp(naell, lttiCllOl<ll helr.s. IOUI' CIeIm 81111 cream en_II wi1h I hint of IlICCifl, SCrl~ wlth tortllle Cllip~
....... . ..... ......._...........MMM..........................__..............._...._...._.................SI...
Cris~ tonIIla cl\l~ $Med wiIh 1l1u.
..... ..... ..M................................M........."............HlIII.................-........................
A bbsktl o' Frsneh frill smotllltr*<l....th ~cl chedllef Cheese. Se..ed with I &ide at r.nCII c1t_1I\i.
.... ...... ..."....M4................._.............___..............M..............................................
....... ..........____........__..______..____.._-S....
A ba&IlIt of 1,IIlUMOVICrtcI voitIlAur O'.m. cIIHSt. ChMII.In4 lHlCOn.
....... ....... -..- .........................M...................._..................M......-.-------......
Our famllUl potll;o slll"..re lO*Cled WIth melalcl cn_. DlICOn, anll1D01lIlO w\U1 areen Oo'liOt'lS.II4 tlicecllOmeroea,
Sel\lllll witrlll side (I SOUr Cream. '
..... ....... ................................................_......_...............................................5...
!.at uS ~ ~, FOOT in yaur m:llllhl ~~..G fried 0l'1On5. stacked eloot hi"" S.,,*,.,itl> ""Cm ,nd ioJ~h\ll>,
...... ........ ............_....~"........."".........................."f'l.' '.'11'.....-........ ~,..
P1erl~ 1:)r TwOI A Ill.... comllinaDOn Of_ilia, ~H ,tickl. lMIDDn. cllicken tenellA ~fIl alcins. and dlip$ .r II $1:0-
leMO Vlrilh Ra~ctI. bill. en_a all4lY1arinere.
.... ,. ... ............4.........................................................................-....----...... . ....
110. of tr6~, ~a$\l iIl~mJ: seMcll.illl cOcktail a'L1U. A very IHlDllily ~ut!
~.-V ---- .....
In Plpa'S own tlli~ bllWilo Nucel
.... ........................H............_..................................._...._..........._............_.......
......,.,. ...... ..__.....M................M...............................M.........................................
____.. .. ..........___.......................................... "'...... ....... I" .....""-.... .............,....
~ "I... %.. .........._..................................M 1.............................................
..ups
_..... .........
~.......... ...
. ... ..f
Ii
S.I.ds
Olll!lllncs: R8nc~. 91... CII..O, 1000 ....neI.l'renc:ll, Cles." bl"n. HOUM
...... ......._......H......._........-..................M......_...IT _I' .............M...................s 1.'-
FraIl., leauce wiIIl ClI'I'OlS, red C8bb1.., CtOUUltlA lII'ld a ChOice !If dreuI/W.
....._._....... ..... ................................_............l.' 1 ......_............_........-..........
f'rah lettuce ,,1tI1 5RliOIMlll ~ ::IIfcMn. IIIPIt5, walnuts. ellery, IleII pepper. mQll, Ind se.l$CrlI....
..... ......1 ..............H........................"',......tt. ..............................,.tttMtH...,......,SS...
~r\I ~....tIl Il'tIId par_n dl_ .nd....~ _tlllll tllDllecl VIm C>>M* clreIIinf,
.... ...-. .................................................... .11 II 1111 ".". II .........................--.......
............ ....lIII.-.............M....................._.........IIJ r -"""1 1 r......................
Aom.lnelmu~, 1Omllto, a1Cumll\lr, 'n:IIIl mUlllroom"llIIllllppar. !lleen Onions, llnd llte$Sed wI1tl l'ftlll', own GraIL
d,esslng I"d ~o chlHl6.
---------------------
---------------------
..n....cb.. .. Sub.
HI AlMMcllCS Mn*I wlIrI ellipS
....... ....---j- ..,........ J..J1....tll'laf, ."..., ",...........,................................S7...
GtJltd $lI~ Qf _SOIled aIIlalell, ulltllllCl :lnlOlll " btll,eppel'A, Wi'l'jls)8d 1II111c1ur tMtIU Inll.rwa ~ ~ll" ..l&lI,nd IOU' _m,
.... ........ ............................................. I r ft.ttt...................-...._.....................~
$Pc;ed cyro m~ lettvl:e. _. aniClrll. and PlIMI'.9WIl ttr9 ""-
....___ ~ ._.............'11 1 .,....11...- 1 't...................ll11Jl.....'.__.............,...
SlIlpaofbellf an, h....1OlI witIl_ut6ed bill ~ end O/li..tlIlll*l """ _"'IlRlllOlQlle~.
...... "rlll~""J IJ~' 'f'".."V'J .1..11..........1.....1....1.. .t...........tt.........._...............
SIiCeIllQ84t tllltf on III -lie bu' se"," wltll Au M-
...... ...... ............. ~T' ............TlN 11.- J.~~ ...........................................,........-...............
USPA Cl't0lQe IfOUIld bMI', f6P,* wIttI mekeCl8wi$$ ~ I ncI tiled onloIw, ser'I8Il aI ". InIId.
~ -.et..................M.M'.,'..I'M..~_....._........._.._.WlA.t:1I .......-...............................
61*4 amoloed Wrkcy~1Il. flipped MtlI rnoIbid SolriIiI ~ IIIlC1 ~~ OI'll_...MII on r)e bread.
........ M....."._ _... ---.J.__......____...........--....SJ'...
IIIIdlened dIIcketllllean Io'llalIlered wilh llUrfMIaus ~. illJOIllIlVeIl on I llUn wltt111'l1llD. I~ f6MaID and onion,
...._. ~lI~'Iu1IIII....u .L.... ,"ITlfl Tln........................1I"U1111l.1l..IIU.MI"......................S....
Gl111ed D1llllclllMcl JMIilNd ell'" IlIUM lllllped wi1h lIltuoI. IlImIlll and m." IIMId 01\ . wh. bu~,
.... "'L iIWj_ MMHM'u 1""11"1"'" Jr..' .I..M......."....".., ""'''1111' . ItM..............................."....
L~ I'I'IOuIldl (J( alClld turklal. ham. ane! baODn, ..-d 0I'l ~ wNte breed wl1/l cllellM.ICUl.ct. IndtolTllllll.
.............................;.Mt...IIIIIJJ it 1l1.........-.--.........lfi J. ! ..t..............._.................S...
Slrip$ uff~h/)' ~ blcon toDDCd wilIIlIIlIuclI, tIlInMll ~ m~, .-..d on lOllllled whltD b'llIId.
....... .... "'111' II...J ..111Ul111 lL 1 MM....M........,'ttr1ft1111111111Iftllt..II....M....ll"........_....tt.sS...
,",0* mwtlHlllI ,n llI.tlN'. _AmId in i O'lUb 101. t,op~d'" ~. tomI1Io9I, bIlCk oIiIIN. .. plrlllMBn eIl_..
? __..... .....".."""1".1.111 ..11 .............t r 1'.'."'"......................."....,....--...........,...
. e" aub rGlllltaffed willi hill\, turlllr. rOl. beef. &lllni. hlttulllltolNtoee. onions. plVlO!o"... twiN chMlO
.~d "-PI's sp.ciatsuIJ.-.oc.
....... ..............""".. .f 1111.....M...............-"II........1.,.......III" ,. II...l........................,...
lQl. CIMP tllt(l ~ mI\ItI tlot. HnId ilia 90lUb rdI.I~. ~. oniOtll. -.6 ....
.... ~ ..1111...... ... ~,-"............._......n.....................H~II..t...t..NH"".".......
A loat IDIlg IIot cIOM tqlOell 'tIIllII CI1iI~ ctleese. trld oftlOn4.
...~.....~ ...._n..n TJ "FIJi",ln ............Jld..uulJ ...,........, "T ..............MIIJ 1....'............
It~. SII11loecle<l ""'" INlI'lIIO $htitllll, I~, ~.rld Ot1i/jtlt. lHrllMG wilt! RI/lCII dlessill"
~~':!
ExtrM: a- ..26. bI_ or """'_ .5O,1JItrI DiI1tY 2.25
.... ~ .""tttf..II.......t.........M""",, ,r TI " '"..-...""""'...........-................5...
LClllded wirlIle\bCc. t~ oriorl i1r<1llliddl 01\ VlO Ilide.
....... ........ .............................."......._ _...... J.."....................................................
The bailie bllllllr talIped with mlll8d Mwican dI_.
.-. . - TI_~'" ..."."", "."'"un 'f' 1......_...._.......n.....u.....~._........."............_....u.7.
l1le tleSIC Ilur., lOcIpecI Wit/I tn.ned MlfIiClln eI'eae.tIlI musluooms..
....... ....... ......." .....",., I' II "1 11' ",..rW'A -............-..............-.................................. .
TIle blI*io; tllItjl:< mpcd with blcon .lId melted "mClriClII ~
...... ~ ~ ... 1 11'..............................________............-.............-.....
~$ie bur.. dipped III ..... wI......ee ,lid M....d 011 . bun wilIllmtuce, 1llfI'IatlMlI. and anian&.
................ __..r____-_...... ........__......_S"...
" llacll f;I beef. btCOo'l, iOUtCcd rIlU&hlllOlM. mcltlld the.. letnJCI. cnion.. tomlt06S. and Texas dlHL s.wd witto 101* of napldflSl
..........
All ~ jpdude. .rdIn or Cmill MIld.
.........._........., . unnt Ill"". .............___.. ""._1..ITI un................ttn"'T~.....
See&O/lcd beef or d1.." mllllld whIIllIleCIllIr of ~ "';._1 ~~".-Md llI\ a bed OIwIIll /lCe.
........ ..... ............................""...............--....'11 , TT TM................................
A b....lled tIiIcIedGin fried D:I..... ~.. TQjIj)8d 'Mltft ~OllleIIIfllIe.WI IInCl !l8N8d WIllI frle5.,d . .,UliIt(l.,...1lIil rned\elI.
.... ~ ..... _.1' I1ll1nl1 nl11nT J7 .........11I1..............................................---...........
RollS!: !leer end llIOIrIl ".." xned Opel! fIlCOd 011 T_ toMl nl the.....bIe of the ~ '
... ~"'I - _.1 W __......, 1 rllTllllU"''Ill, .~~-lIl.ttl......................................"..-................
A 7 011, llSllIl_ lIetlrlted eM dee~ fried. MIIIeCI ...,. 11II11I IlUplllM, l'rInan frle&. ullllllecl ~1lI. medti!f. cole .... tlld tuas to...
... .......... - ...... ___........._........4.4>o...u......................_..................-....s. ....
1I1~ C111Cken trMto ser-l wIt/l wild r1~..RIMed """1lI1 ~ and ,.. tl)Ist.
..... -- AI..... _., 1 r",,'1 r ........ ..........nUr"lT........ 1. Jl.....r"""....---....
S6Iaoll6d ClIIicreft willi efwed6........ MNed Gn a bed otfllltuant llooclll8l11d pille cIl_ bMld.
~......... ........... .......... .. .......... .11. .., J" I" .....111.111i..lJI J ................................ _tlH
fIocIocm Shrinp with IIfrecIo ..uee. ieMd OIllllell r:I fetlual.'II noodl9l.nd 8rfoll dl_ bread.
I. J liil r .~__ _ _ ... ......................,11 tll.. .........................., 111'............... S...
II c/Iicken n&t.1II8riM1Ild illemon ~.rIic lIIUIl8. baltJd end MmId tIllh wild rice. .Ul6ed '/IS!iII1IbI8 tllll4ey
and ilrfic chane brIId.
. _I. "IL II...... ........................H.... .....1............................. 111M.............................
Seasoned mulblHs In ~ creall'lWIY/.1eM4 on IlIId at faltadni naadle& 'iIi1n alllae 0( girlie toast
---------------------
I
..
--..----..-----------
.........
ir IlK" .................111.111111.,"......"...., .,
Ice ClfHm IIld a..1IlI pie an _ ..hM1 CRlRr lI\Ift.
lr..~,,"" "11'......_.............".......,-
....... __'I1II1IUIIUlflllllllnn" 'll,r ... _......n
MoIst clIIrI\ cllOClOlaM momels...-.cl ill riClllUdlja fati1~
...:..-~ ..~.. .f....................., Jll '...r........rlIIIT..,rll..."ll......~...........
Rich. _Ill>> ~ nlr1ed ..... nfIoeItIl... ~'ma"""__,
........._......... .... Ne.... 1Il.....tit." 1 I1MllnV" " ..n 1l11l1J11IIIITII1I1JTTI_ l 1I.....'I'lII.....H...
Pe..ut Iluar iC* crAm cwered WIll Milia rI. punul bUtIl!r and cIlclcoIMe.
--...
1III....,1'11'IJII'4"'" f.W--.....
Janlor Le...e ...na
1'0' lI10M 12 _ und..
NlIMlnIlId on _ compUm~lI_ lilac 1WIth . twllWil\ drink.
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ChlcklYllendenl " Fries · Corn Cae & FrIea · Hot Dol & Fries
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---------------------
, 'I
"Building Block for the Future"
Don Noblit Associates, Inc.
Registered Investment Advisor
BAND DELIVERED
February 9, 2007
Chris Fuller
Development Coordinator
City of Colleyville
100 Main Street
Colleyville, Texas 76034
RE: Z-07-003 SUP for Alcohol Sales - 2nd Letter
5224 Colleyville Boulevard
Dear Mr. Fuller:
Enclosed are the answers to the questions posed in your
second letter dated February 8, 2007.
If you have any questions, please don't hesitate to give me
a call.
Si~CerelY: !;
0-)~ -f'/Ul5,
D~blit
President
:cc
RECEIVED
FEB 0 9 2007
Pef a....--- .:1
8717 Terrell Drive
Fort Worth, TX 76180
Metro (817) 49S.1122
P.O. Box 820895
Fort Worth, TX 76182
FAX (817) 498-5522
Offering generalsecurlties through SWS Financial Services, Inc. Member N.A.S.DJS.LP.C., (214) 859-1800
1201 Elm Street, Suite 3500 . Dallas, Texu 75270
Georgeo's Sports Bar Inc.
PAPA G's SPORTS BAR & GRILL
2900 Highway 121 Suite 110
Bedford Texas 76021
817-354-4140
February 8th 2007
To: City Of Colleyville Development Review Committee
In response to your second letter:
· 1- Regarding the proposed exterior renovations, we have stated that
the exterior will be redone, meaning that repairs will be conducted to
certain areas that have deteriorated due to bad weather condition,
such as rotted wood section in the main entry. Those will be redone
by replacing the bad plywood, then it will be re-plastered and
painted. We have no intention of adding or changing the outer
perimeter of the building other than painting and repairing minor
areas in order to uplift the looks of the building and giving it curb
appeal.
· 2-Yes the outdoor dining area will be expanded with treated lumber
decking to the length of the building on the side facing Colleyville
Blvd.
· 3- The landscaping will be designed professionally and will be
moderate in height so that the business will be visible to the drive by
traffic. Plants and shrubbery that exceeds certain heights will hinder
what we are trying to achieve, which is visibility and an attractive,
eye appealing look that will enhance our business.
. 4-As stated before there will be no bar in the outside dining and
there will be no food preparation. We will only provide outside food
and beverage service to our patrons.
· 5- The outside dining area will meet your requirements. We will only
have tables, chairs, umbrellas, benches. However we have
previously mentioned that we are planning to place a few outdoor
propane heaters for the comfort of the patrons. The heaters will be
commercia' grade. We hope that the heaters will meet your approval.
. 6-We have no plans of having outdoor stage or bands music .The
only music that we are providing for our outdoor diners is piped in
music for their dining pleasure. All bands if we decide to go that
route, will be strictly indoors.
. 7 -Due to the square footage of the building, fire sprinklers are not
required. However we will abide by the rules and have knox boxes
installed and hand held extinguishers will be placed in various areas
of the establishment.
. 8-ln regards to the methodology of calculating taxes we used the
square footage of the eating areas to calculate the estimated
forecasted revenues.
. 9-Tax verification:
. a-As far as providing with two years verification of our taxes in
Bedford, is not available since we only have been in operation since
August 4th of 2006. However attached are our six months sales and
liquor tax documents.
. b- The standard T ABC license will be in place at this location. The
TABC license is; Liquor - beer & wine sales with late hours.
"Building Block for the Future"
Don Noblit Associates, Inc.
Registered Investment Advisor
HAND DEL:IVERED
February 22, 2007
Chris Fuller
Development Coordinator
City of Colleyville
100 Main Street
Colleyville, Texas 76034
RE: Z-07-003 SUP for Alcohol Sales - 2nd Letter
5224 Colleyville Boulevard
Dear Mr. Fuller:
I am writing this letter to address the various items of
concern voiced by the Commission regarding the above
referenced request for Special Use Permit. First, the
owner of the property has agreed to have a fire sprinkler
system installed at his expense.
Second, Mr. Haddad would prefer to have a smoking
establishment since to do otherwise would put him at a
competitive disadvantage with similar establishments: i.e.,
Applebees, Lonegan's. He is prepared to control the smoky
environment as he has in his Bedford facility.
Third, the magnitude of Mr. Haddad's investment and lease
precludes him from entering into a financial obligation
that requires the owner of the property to reapply for a
Special Use Permit that can be denied arbitrarily. Too, he
runs a tight ship and feels that the past should have no
bearing on him. All indications are that Mr. Haddad
operates his business in a very professional manner by
hiring experienced managers and wait staff all of who are
trained as required by TABC. In addition Mr. Haddad prides
himself on the quality of food and service, the compliance
with all rules, laws and regulations, and on the
cleanliness of his establishment. RECEIVED
FEB 2 2 2007
8717 Terrell Drive
Fort Worth, TX 76180
Metro (817) 498-1122
l Per .......-..
p.o. Box 820895
Fort Worth, TX 76182
F~(817)498-5522
Offering general securities through SWS Financial Services, Inc. Member N.A.S.DJS.I.P.C., (214) 859-1800
1201 mm Street, Suite 3500 . Dallas, Texas 75270
The last item was the suggestion to provide drawings of the
proposed improvements to the building. There are no
drawings of the proposed improvements to the building since
no structural changes are being made. The building will be
repaired and painted in a color scheme to look the same as
the buildings in The Villages and the inside will be
remodeled according to construction estimates already
provided. Code compliant signage is to be provided. Mr.
Haddad will have pictures and the color scheme of the
building available at the Commission meeting.
After looking into the incidents reported by the Keller and
Bedford Police Departments, the motor cycle gang and the
car shows in the parking lot occurred at the Bedford
location while it was a bar-b-que restaurant which preceded
Mr. Haddad's involvement. The Keller report of the OUI
cases spiking were for the years 2004, 2005, and 2006. Mr.
Haddad sold his location named Papa G's to new owners in
2002. In addition, while Mr. Haddad owned the Keller
location, he hired off-duty policemen, with the police
chief's permission, to be at the door. When he sold the
establishment this practice stopped. Mr. Haddad has had no
ownership in this operation since 2002.
We have made great efforts to find a reputable occupant for
this building in light of recent history. We believe we
have accomplished this with Mr. Haddad. We fully intend to
be good citizens and look forward to a successful, long-
term endeavor at this location. I pledge to respond to any
problems immediately and can be reached at 817-498-1122.
Sincerely ~ (,j
() ~4 - ~,.cNf,
~ oblit
Pres~ ent
:cc
Letters in Opposition
February 16, 2007
City of Colleyville
Attn: Planning and Zoning Commission
100 Main Street
Colleyville, Texas 76034
Re: Zoning Case # Z-07 -003
To Whom It May Concern:
As owner of 5204 Colleyville Boulevard, the property located adjacent to 5224
Colleyville Boulevard, I strongly oppose the City of Colleyville granting the SUP for
alcohol sales being requested by Don Noblit for case #Z-07-003.
Sincerely,
~!f!!!!v
President of the General Partner
NIT Investors #2 Ltd.
FIRST
BAPTIST
COLL~YVI LLE
February 19, 2007
Planning and Zoning Commission
100 Main Street
Colleyville, Texas 76034
Re: 5224 Colleyville Boulevard; Case Z-07-003
Commissioners:
This correspondence serves to inform you that First Baptist Church of Colleyville is
opposed to the owners of the property located at 5224 Colleyville Boulevard being
granted a special use permit for alcohol sales. This property is in close proximity to our
children's ministry buildings. We have ministries that take place throughout the week,
including evenings. A patron drinking and then potentially leaving the property is not
the atmosphere we want next door to our church facilities.
We respectfully ask that you deny their request for the special use permit.
Thank you for your consideration.
::;;;~{d
Michael Ray ~
Executive Pastor
~ ~~~~J/
Jim Bailey, Dick Schaulin, Lonnie Laue, George Coleman, Clark Lovrien, Jay Bray
Leadership Board of First Baptist Church
,
RECEIVED
FEB 2 0 Z007
Per ...............
5405 PLEASANT RUN. COLLEYVILLE, TX 76034 . PHONE: 817.181.4158 · FBCCOLLEYVILLE.COM
FIRST BAPTIST
COLL~YVILLE
March 14, 2007
Community Development
City of Colleyville
Attn: Amy
100 Main Street
Colleyville, Texas 76034
Re: 5224 Colleyville Boulevard; Case Z-07-003
Dear Community Development Department:
This correspondence serves to inform you that First Baptist Church of Colleyville is
opposed to the owners of the property located at 5224 Colleyville Boulevard being
granted a special use permit for alcohol sales, This property is in close proximity to our
children's ministry buildings. We have ministries that take place throughout the week,
including evenings. A patron drinking and then potentially leaving the property is not
the atmosphere we want next door to our church facilities,
We respectfully ask that you deny their request for the special use permit.
Thank you for your consideration,
~~~
Michael Ray
Executive Pastor
Leadership Board of First Baptist Church: Jim Bailey, Dick Schaulin, Lonnie Laue,
George Coleman, Clark Lovrien, Jay Bray
RECEIVED
MAR 1 4 2007
I
Per .............
5405 PLEASANT RUN. COLLEYVILLE, TX 76034 . PHONE: 817.281.4158 . FBCCOLLEYVILLE.COM
Opposition Map
Properties in Red arc Opposed to the Request.
5300
821 817 813 809
5312
814
816
820
817 5310
813 815
5300
ORDINANCE 0-07-1614
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND
DEVELOPMENT CODE, PROVIDING FOR THE ZONING CHANGE OF THE
PROPERTY ON LOT AR, E.M. THOMPSON SUBDIVISION, AUTHORIZING A
SPECIAL USE PERMIT FOR THE SALES OF ALCOHOLIC BEVERAGES FOR ON-
PREMISES CONSUMPTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00);
AUTHORIZING PUBLICATION; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a Special Use Permit
under Case No. Z-07 -003; 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 0-07-1614
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 for the sales of alcoholic beverages for on-premise consumption on
Lot AR, E.M. Thompson Subdivision, as depicted on the Zoning and
Location Map, attached as Exhibit "A", and subject to the following
condition:
a. Alcohol may be served from 11 a.m. to 10 p.m., Sunday through
Thursday;
b. Alcohol may be served from 11 a.m. to midnight, Friday and
Saturday;
c. A fire sprinkler system and alarm will be installed in accordance with
the City Local Amendments to the International Fire Code prior to
the issuance of a Certificate of Occupancy.
THAT the above described tract of land shown on Exhibit "A" 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, as 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
Ordinance 0-07-1614
Page 3 of 3
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.
The first reading and public hearing being conducted on the
2007.
day of
The second reading and public hearing being conducted on the
2007.
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit A - Zoning and Location Map
D
NORTH
SPEAKER CARD
Date
I wish to address the City Council on the following subject:
Agenda Item Number: ~/J
Name:~J)~ t?51l (j, ltf) U b 0 Ye. Address: ~
C/J!I e /v J/ ~ //f }T;:I .,/
City: Telephone No l/.f J J~J/
I represen~~ -
organization/self
I understand that I am limited to five minutes and on items that are not designated
as Public Hearings, the City Council must "suspend the rules" in order to hear
public commentsj.;,r questions.
Signed
~
cee
lbs.;;'''<
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1 000
www.colleyville.com
File Number: 0-07-1615
File Number: 0-07-1615
File Type: Ordinance
Status: First Reading
Controlling Body: City Council
Version: 1
Agenda Date: 03/20/2007
Agenda No.: 6b
Final Action:
Requester: Office of the City
Secretary
File Name: Approval to declare unopposed candidates in the May 12, 2007, General Election elected to
office and canceling the election
Attachments: Ordinance 0-07-1615, pdf
History of Legislative File
Version: Date:
Acting Body:
Action Text:
03/20/2007 City Council
Title
Approval to declare unopposed candidates in the May 12, 2007, General Election elected to
office and canceling the election
Explanation
First Reading and Public Hearing
On February 6, 2007, the City Council approved Resolution R-07-2809 calling a General
Election to be held on May 12, 2007, for the purpose of electing a Mayor and
Councilmembers to Places 1 and 2.
According to the Texas Election Code, the deadline to file for a place on the ballot is March
12,2007, and the deadline for a write-in candidate to file declaration is March 19, 2007. In
the event that no person has made a declaration of write-in candidacy and that each
candidate on the ballot is unopposed for election to office, the City Secretary will certify that
each candidate on the ballot is unopposed for election to office.
Under these circumstances, Subchapter C, Chapter 2 of the Texas Election Code
authorizes the City Council to declare the candidates elected to office following the time the
election results would be canvassed and cancel the May 12, 2007, General Election.
Financial Impact
It has been determined that canceling the election will provide for a savings of $7,245.00 in
the FY 2007 General Fund Budget, Office of the City Secretary, Line Item 6215.
Recommendation
Approval
City of Colleyville
Page 1
Printed on 3/15/2007
ORDINANCE 0-07-1615
AN ORDINANCE DECLARING UNOPPOSED CANDIDATES IN THE MAY 12, 2007,
GENERAL ELECTION ELECTED TO OFFICE AND CANCELING THE ELECTION; AND
DECLARING AN EFFECTIVE DATE
WHEREAS, a General Election for the City of Colleyville was called for May 12, 2007, for
the purpose of electing a Mayor and Councilmembers to Places 1 and 2; and
WHEREAS, the City Secretary has certified in writing that there is no proposition on the
ballot, that no person has made a declaration of write-in candidacy and that
each candidate on the ballot is unopposed for election to office, as depicted in
Exhibit "A"; and
WHEREAS, under these circumstances, Subchapter C, Chapter 2 of the Texas Election
Code authorizes the City Council to declare the candidates elected to office
and cancel the election; and
WHEREAS, the City of Colleyville is authorized by law to adopt the provisions contained
herein, and has complied with all prerequisites necessary for the passage of
this Ordinance; and
WHEREAS, all statutory and constitutional requirements for the passage of this
Ordinance have been adhered to, including, but not limited to the Open
Meetings Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the following candidates, who are unopposed in the May 12, 2007,
General Election, are declared elected to office and shall be issued
Certificates of Election following the time the election would have been
canvassed:
David Kelly -
Carol Wollin -
Tony Licata -
Mayor
Council member, Place 1
Councilmember, Place 2
Sec. 2.
THAT the May 12, 2007, General Election, for the purpose of electing a
Mayor and Councilmembers to Places 1 and 2, is hereby cancelled, and the
City Secretary is directed to cause a copy of this Ordinance to be posted on
election day at each polling place that would have been used in the election
and is further directed to notify the Tarrant County Elections Administration by
sending a copy of this Ordinance.
Ordinance 0-07-1615
Page 2 of 2
Sec. 3.
THAT the effective date of this Ordinance shall be immediate upon its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2007.
day of
The second reading and public hearing being conducted on the
2007.
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C.G. Boyle
City Attorney
Exhibit "A"
CITY OF COLLEYVILLE, TEXAS
2007 GENERAL ELECTION
CERTIFICATION OF UNOPPOSED STATUS
1. On February 6, 2007, the City of Colleyville City Council passed Resolution R-07-2809 calling an
election to be held on May 12, 2007, for the purpose of electing a Mayor and Councilmembers to
Places land 2,
2, As set forth in and in accordance with Section 143,007 of the Texas Election Code (the "Code"),
persons desiring to have their name placed on the election ballot were required to file with the City
Secretary, the person's sworn application not later than 5:00 p.m. on March 12, 2007. During that
period of time, the only applications for a place on the ballot filed with the City were from the
following persons:
David Kelly
Carol Wollin
Tony Licata
Mayor
Councilmember, Place 1
Councilmember, Place 2
3, In addition to persons desiring to have their name placed on the ballot, persons desiring to declare
themselves as a write-in candidate were required to file with the City Secretary a declaration of such
candidacy on or before 5:00 p.m. on March 19,2007. No such declarations were filed.
4, The purpose of the election being to elect three (3) persons to the office of City Council, Mayor and
Councilmembers Places 1 and 2, and there being only one candidate for each of the three Places open
for election, only one (1) candidate's name would be placed on the ballot for each of the three
available offices.
5, No proposition is to appear on the May 12,2007, election ballot.
THEREFORE, pursuant to the above and in accordance with Section 2.052 of the Texas Election
Code, I do hereby certify to the City of Colleyville City Council that the following persons are unopposed for
election to the office of City of Colleyville City Council:
David Kelly
Carol Wollin
Tony Licata
Mayor
Councilmember, Place 1
Councilmember, Place 2
SIGNED this the 20th day of March 2007, at p,m.
Cynthia Singleton, City Secretary, TRMC, CMC
City of Colleyville, Texas
CC~e
"n..>.:.,.;.
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Version:
File Type: Report
Agenda Date: 03/20/2007
Agenda No.: 8
Status: Reports
Controlling Body: City Council
Final Action:
File Number:
Requester: Office of the City
Secretary
File Name: Reports - March 20, 2007
Attachments: Senior Center Advisory Committee Minutes - January 18, 2007 . Parks and Recreation
Advisory Board Minutes - February 5, 2007 . Zoning Board of Adjustments Minutes - February
13, 2007 . Planning and Zoning Commission Minutes - February 26, 2007
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 03/20/2007 City Council
Title
Senior Center Advisory Committee Minutes - January 18, 2007
Parks and Recreation Advisory Board Minutes - February 5, 2007
Zoning Board of Adjustments Minutes - February 13, 2007
Planning and Zoning Commission Minutes - February 26, 2007
City of Colleyville
Page 1
Printed on 3/14/2007
city Of
ilC9
Texas
SENIOR CENTER ADVISORY COMMITTEE
MINUTES
Thursday, January 18, 2007
1 :30 p.m.
The regular meeting of the Colleyville Senior Center Advisory Committee was called
to order at 1 :32 p.m. on Thursday, January 18, 2007 by Connie Hampton, Chair of
the Committee.
ROLL CALL:
Councilman Mike Taylor, Connie Hampton, Debra Minea,
Jack Olsen, Jim Moore, and Lila Coley
ABSENT:
Councilman Tom Hart, Marion Jenkins and Patrecia Fox
STAFF:
Monica Walsh, Director of Parks and Recreation, Renee
Garrett, Recreation Specialist and Dal Anderson,
Assistant City Manager
1 . Call to Order and Roll Call
2. Approval of the December 21, 2006 Senior Center Advisory Committee
Minutes
Jim Moore made a correction on page 3 under Item 6, Reports - Staff and
Committees
The following paragraph is as stated in the December 21 , 2006 minutes:
"Monica Walsh, Director of Parks and Recreation, gave an overview of the senior
activities and programs. A volunteer meeting will be held in January. Jack Olsen
reported that window treatments were added in the computer room. Jim Moore
reported that he met with a representative of Lifetime Fitness and with a
representative of Busy Body in Grapevine who made suggestions for the fitness
room. Bicycles are a need for the fitness room."
Senior Center Advisory Committee
January 18, 2007
Page 2 of 4
This is the paragraph as corrected by Jim Moore:
"Monica Walsh, Director of Parks and Recreation, gave an overview of the senior
activities and programs. A volunteer meeting will be held in January. Jack Olsen
reported that window treatments were added in the computer room. Jim Moore
reported that he met with the managers of Lifetime Fitness (Colleyville) and Busy
Body (Grapevine) and both said there should be no weight lifting equipment and
recommended three types of exercise bicycles - upright, recumbent and
elliptical. Jim Moore recommended we follow the advice of the two professionals
and concentrate our efforts toward getting bikes for the exercise room."
Jack Olsen moved to approve the minutes as amended. Debbie Minea
seconded the motion. The motion carried with a unanimous vote.
3. Discussion of Meeting Agendas
Monica Walsh, Director of Parks and Recreation, gave an overview of previous
discussions on the agenda format. Debbie Minea moved that we change the
terminology on future agendas to read "discussion and consideration of' on any
item that the Committee may take action on. Jack Olsen seconded the motion.
The motion carried.
4. Discussion of Procedures - Robert's Rules of Order
Debbie Minea requested that this item be placed back on the agenda because at
the December meeting there were not four committee votes, as required by the
Bylaws, approving the motion to remove Robert's Rules of Order. The motion
failed by a vote of 3 ayes and 2 nays. After discussion, Debbie Minea withdrew
her request to have this item revisited.
5. Discussion of Senior Center Advisory Committee Duties
Lila Coley asked that this item be placed on the agenda for clarification of the
duties of the Senior Center Advisory Committee and specifically their
involvement in planning parties and special events. As stated in the Bylaws, the
Senior Center Advisory Committee serves in an advisory capacity to the Senior
Center staff.
6. Discussion and Possible Future Action on Potential Changes In the
Bylaws
There was no discussion on the item.
Senior Center Advisory Committee
January 18, 2007
Page 3 of 4
7. Discussion of Senior Center Wish List
Monica Walsh, Director of Parks and Recreation, gave an overview of staff
research on the following five items designated by the Senior Center Advisory
Committee as the top priorities.
1) HV AC for the entire facility: There are eleven units at the Senior Center. An
HVAC representative gave an estimate of between $8,000 and $10,000 per unit
to replace the remaining 10 units.
2) Lighting in large room: An electrician proposed sixteen (16) fluorescent 4
lamp wrap-arounds with two switches for an estimated cost of $5,000.
Councilman Mike Taylor suggested trying fluorescent lightbulbs.
3) Acoustical in large room: An acoustical engineer would need to conduct an
acoustical investigation and from that investigation provide a written report that
would suggest the materials needed, placement of the materials and estimate the
cost of the project. His cost for the report would be $5,000.
4) More outside lights: It was recommended that a 35 foot pole with three (3)
lights be installed that would completely illuminate the front of the building and
the parking lot. The cost is estimated to be about $8,000.
5) Window treatments for entire facility. It is estimated that it would take $1,600
for window treatments for the rest of the facility.
The Senior Center Advisory Committee recommended that staff move forward
with the top five priorities. Connie Hampton, Chair, requested that the Senior
Center Wish List be on the agenda for the February meeting.
8. Discussion and Possible Future Action on Potential New Programs
There was no discussion of potential new programs.
9. Discussion on Items of Interest for Potential Future Action
Jim Moore reported that the suggestion box had three suggestions. If Committee
members know of someone who would like to be a member of the Social
Committee, let Connie Hampton know.
10. Reports - Staff and Committees
Renee Garrett gave an overview of the senior activities and programs. There
were no Committee reports.
Senior Center Advisory Committee
January 18, 2007
Page 4 of 4
11. Adjournment
Jim Moore moved to adjourn at 3:00 p.m. Jack Olsen seconded the motion. The
motion carried.
Respectfully submitted and approved:
AQ+JQf C,~)
Dixie S. Smith, Administrative Secretary
citY Of
llC9
Texas
PARKS AND RECREATION ADVISORY BOARD
MINUTES
Monday, February 5, 2007
6:30 p.m.
Pat Horn called the meeting to order at 6:34 p.m. on Monday, February 5, 2007, at
the Parks and Recreation office.
ROLL CALL:
Councilman Tom Hart, Councilman Tony Licata, Bob
Leininger, Connie Hampton, Joe Ben Hassell, Nancy
Coplen, Pat Horn, Sheryl Black, Steve Dalri and Vince
Rosen
ABSENT:
Pete Riis
STAFF:
Monica Walsh, Director of Parks and Recreation, Dal
Anderson, Assistant City Manager, Luke DeFilippis,
Recreation Specialist and Dixie Smith, Administrative
Assistant
1 . Call to Order
2. Approval of the January 8, 2007 Parks and Recreation Advisory Board
Minutes
Sheryl Black moved to approve the January 8, 2007 Parks and Recreation Advisory
Board minutes. Steve Dalri seconded the motion. The vote was unanimous.
3. Discussion and Consideration of Eagle Scout Project
Colin Reyenga of Troop 28 presented his project to place trail markers on the
Cottonbelt Trail. Connie Hampton moved to approve the project. Bob Leininger
seconded the motion. The vote was unanimous.
Parks and Recreation Advisory Board
February 5. 2007
Page 2 of 2
4. Senior Center Open Space Area
Monica Walsh, Director of Parks and Recreation, gave an overview of the status of
the open space area behind the Senior Center. Pat Horn requested that an agenda
item for next month be the Senior Center Open Space Master Plan Committee.
5. Recreation, Athletics, Tennis and Seniors' Reports
Luke DeFilippis, Recreation Specialist, provided an overview of the current and
proposed recreation programs and activities available to citizens of Colleyville and
surrounding areas.
6. Park Operations and Capital Improvement Status Reports
Monica Walsh, Director of Parks and Recreation, presented a status report on current
projects.
7. Adjournment
Joe Ben Hassell moved to adjourn at 7:16 p.m. Vince Rosen seconded the motion.
The vote was unanimous.
Respectfully submitted and approved:
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Dixie S. Smith, Administrative Secretary
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City of Colleyville
Minutes - Draft
Zoning Board of Adjustment
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Tuesday, February 13,2007
7:00 PM
City Council Chambers
1. CALL TO ORDER
The Zoning Board of Adjustments meeting of the City of Colleyville was
called to order by Chairman McNosky on February 13, 2007 at 7:00 p.m.
2. ROLL CALL
Present: Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich
Munson, Dee McNosky and Larry Knox (Alternate 1)
Absent: Board member Uton Dellosso (Alternate 2)
Staff members: Barry LeBaron, Chris Fuller and Amy Shelley
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
Board member Moore moved to approve the December 12, 2006
meeting minutes as written. Board member Kenney seconded.
The motion carried by the following vote:
Aye: 5 - Kenney, Reynolds, Munson, Moore, McNosky
5. AGENDA ITEMS
5a Case A-07-001- PUBLIC HEARING - Request by Terry Awalt for a
variance from the regulations of the Colleyville Land Development Code
regarding rear setback requirements on Lot 4, Block 1 of the Rosewood
Villas Addition located at 6508 Bordeaux Park
Barry LeBaron presented the case and briefed the Board members.
Chairman McNosky opened the public hearing at 7:05 p.m.
There being no one wishing to speak, the public hearing was closed at
7:05 p.m.
Board member Kenney questioned staff regarding if this property is
unfenced in the back yard? Barry LeBaron replied yes, some of the
homes in this addition are unfenced in the back yard.
City of Colleyville
Page 1
Printed on 3/14/2007
Zoning Board of Adjustment
Minutes - Draft
February 13, 2007
Board member Reynolds stated in the past, generally the applicant is
present for variance requests. He suggested tabling this request until
the applicant is present.
Board member McNosky stated the application states there are other
pools in this addition. She questioned staff regarding if this is the case
and would not they have needed a variance? Barry LeBaron replied
there are similar additions that have similar lot dimensions for which
pools are in place, such as the Bridges at Riverwalk.
Board member Reynolds questioned staff if the pool deck area will cover
a utility easement? Barry LeBaron replied he has checked with the plat
and there are no utility easements at the back of this property.
Board member Munson questioned staff regarding where is the area that
will be enclosed? He stated wanting to see that on the plan as well.
Board member Kenney questioned if there is a Homeowners Association
(HOA) in place and have they agreed to the request?
Board member Moore moved to table case A-07-001 until such time the
applicant can be present to answer questions. Board member Munson
seconded.
Board member Munson questioned staff if this Board could get together
in two weeks for this applicant instead of having to wait another month.
Barry LeBaron replied it could be done if needed.
The motion carried by the following vote:
Aye: 5 - Kenney, Reynolds, Munson, Moore, McNosky
5b
Case A-07-002- PUBLIC HEARING - Request by John Dreiling for a
variance from the regulations of the Colleyville Land Development Code
regarding fence height requirements on Lot 1 R, Block 1 of the Bettinger
Place Addition located at 6304 Westcoat
Chris Fuller presented the case and briefed the Board members.
Chairman McNosky opened the public hearing at 7:13 p.m.
John Dreiling, the applicant, came forward to present the case and brief
the Board members.
Board member Reynolds questioned for clarity, regarding is the house
built? Mr. Dreiling replied no. Board member Reynolds questioned Mr.
Dreiling if the trees will come down anyway? Mr. Dreiling replied no, not
City of Colleyville
Page 2
Printed on 3/14/2007
Zoning Board of Adjustment
Minutes - Draft
February 13, 2007
if the home can be built were proposed.
Board member Reynolds questioned Mr. Dreiling if there will be a safety
issue regarding the placement of the proposed fence? Mr. Dreiling
replied no, there will be plenty visibility for traffic at this intersection. He
stated the garages are set at the back of the lot. Discussion regarding
the line of site occurred between the Board members and Mr. Dreiling.
Board member Munson questioned Mr. Dreiling regarding which plan is
going to be built? Mr. Dreiling used the drawings provided to show
Board member Munson which plan would be used.
Discussion between Board member Munson and Mr. Dreiling occurred
regarding whether or not the driveway would be long enough to
accommodate vehicles to keep them off of White Drive while waiting for
the gate to open. It was determined that the drive would need to be set
further back to accommodate the length of his vehicle and to also allow
for possible future widening of White Drive. Mr. Dreiling agreed with
Board member Munson with the new set back being 15 feet to construct
the lateral sliding gate.
Chairman McNosky stated if the variance is approved, it would then be
up to Mr. Dreiling to hold his self up to a higher standard for designing
the driveway regarding the 15 or 20 feet. Mr. Dreiling concurred.
Board member Kenney questioned Mr. Dreiling regarding if the variance
is approved by taking into consideration the possible future
improvements to White Drive, how would this affect the saving of those
trees on the property? Mr. Dreiling replied the plan submitted has
accommodated for those trees.
Board member Moore questioned Mr. Dreiling regarding what is the time
table for constructing the home? Mr. Dreiling replied within the next two
to three weeks.
Board member Knox stated for clarity that the fence pillars will be placed
15 feet from the property line. Board member Munson concurred.
There being no one wishing to speak, the public hearing was closed at
7:35 p.m.
Board member Munson moved to approve case A-07-002 with the
modifications that instead of 20 feet from the building setback line, it will
be 15 feet from the building set back line, which is also 15 feet from the
property line and that the applicant be required to install a lateral sliding
gate. Board member Reynolds seconded.
City of Colleyville
Page 3
Printed on 3/14/2007
Zoning Board of Adjustment
Minutes - Draft
February 13, 2007
The motion carried by the following vote:
Aye: 5 - Kenney, Reynolds, Munson, Moore, McNosky
6. REPORTS AND COMMENTS
Chris Fuller told the Board members that the City Attorney has not sent
the revised Rules of Procedure. He stated as soon as those are
received, they will be passed along to you.
Chris Fuller reminded the Board members that Barry LeBaron has
announced his retirement and he thanked Barry for his help.
The Board members all thanked Barry LeBaron and stated they enjoyed
working with him.
7. ADJOURNMENT
The meeting adjourned at 7:47 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall on
Thursday, February 8, 2007.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved on March 13, 2007.
City of Colleyville
Page 4
Printed on 3/14/2007
r'i4~
((~~
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City of Colleyville
Minutes - Draft
Planning and Zoning Commission
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Monday, February 26, 2007
7:00 PM
City Council Chambers
6:15 P.M. - PRE-COMMISSION WORKSHOP
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
REVIEW OF REGULAR AGENDA ITEMS
REGULAR MEETING
7:00 P.M.
1. CALL TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville
was called to order by Chairman Byerly on February 26,2007.
2. ROLL CALL
Present: Commissioners Dave Dudziak, Scott Redfearn, Mary Taylor,
David Phelps, Denis Duffy, Jeff Byerly
Absent: Commissioner Robert McCormick
Staff Present: Chris Fuller, Barry LeBaron, Fire Marshal Rob McKeown,
City Engineer Chad Bartee, Project Engineer Jeremy Hutt, Assistant City
Manager Dal Anderson
3. INVOCATION
The invocation was given by Commissioner Duffy.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Byerly stated the two items he recused himself from show
he voted on the item. Commissioner Phelps stated a duplication on
page 9. Commissioner Byerly stated a misspelling on page 5,
ammonites should be ammenities.
Commissioner Byerly moved to approve the minutes as corrected.
City of Colleyville
Page 1
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Planning and Zoning Commission
Minutes - Draft
February 26, 2007
Commissioner Duffy seconded.
The motion carried by the following vote:
Aye: 6 - Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly
Absent: 1 - McCormick
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. REGULAR AGENDA ITEMS
7a
Approval of annual update regarding land use changes and the
Comprehensive Plan, Case G-07-004
Barry LeBaron presented the case and briefed the Commissioners.
Commissioner Redfearn complimented staff regarding the effort put forth
in the process.
Commissioner Redfearn moved to approve case G-07-004 and submit
the report to City Council. Commissioner Taylor seconded.
The motion carried by the following vote:
Aye: 6 - Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly
Absent: 1 - McCormick
8. PUBLIC HEARING AGENDA ITEMS
8a Approval of a Zoning Change request from RE-Residential Estate to
PUDR-Planned Unit Development Residential on 4.1 acres on Lots 1
and 2, Block 1 of the Wildwood Estates Addition located at 5604 and
5700 Pool Road, Case 2-07-007
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:15 p.m.
Bryan Blagg with Texas Development Corporation, the applicant, came
forward to present the request and brief the Commissioners.
Commissioner Duffy questioned Mr. Blagg regarding if they have worked
with the neighborhood on this project? Mr. Blagg replied yes, he stated
they put out flyers on doors and had a meeting last Tuesday at the
church across the street.
Commissioner Duffy questioned Mr. Blagg if one story buildings have
been considered for this property? Mr. Blagg replied no, he stated
City of Colleyville
Page 2
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Planning and Zoning Commission
Minutes - Draft
February 26, 2007
needing the square footage for financing. Commissioner Duffy
questioned Mr. Blagg if they have looked at what numbers they could
use for one story facilities? Mr. Blagg replied the one story has been
ruled out.
Commissioner Taylor questioned Mr. Blagg regarding at what
percentage of these are front entry garages? Mr. Blagg stated they are
all front entry garages with the streets being public, not private.
Commissioner Duffy questioned staff if the fire department has signed
off on the project? Chris Fuller replied the fire department did review the
application and did not require the access to be wider. He also stated
the street dimensions including turning radius would be provided with the
construction documents at final platting.
Commissioner Redfearn questioned Mr. Blagg regarding if he could
describe the open space area? Mr. Blagg replied the open space will
have a fountain and each residence will have its own space, with park
benches and landscaping. There will be a walking path. He stated the
open space is around 43%.
Commissioner Redfearn questioned Mr. Blagg if there will be an
entrance either westbound or eastbound on Hall Johnson? Mr. Blagg
replied no, there is a left turn into the church, however, the architect is
still working on the turns. He stated there would not be any obstacles for
a left or right turn on Pool Road.
Commissioner Duffy questioned Mr. Blagg what is the center building?
Mr. Blagg replied it being an architectural lifting of the elevation, to give
some break up on the front of the building. He stated they do not spend
a lot of money on architectural drawings. He stated the drawings
presented tonight are what is going to be built. Mr. Blagg replied there
are height restrictions that he will have to follow which is required by the
city.
Commissioner Dudziak questioned Mr. Blagg regarding what study does
he have that would show there is a need for this type of project in
Colleyville? Mr. Blagg replied he does not have a study that states there
is a need for it in Colleyville. He stated they study the land and see what
will fit in the area. Commissioner Dudziak questioned if the resident's
ages for the project are older or younger? Mr. Blagg replied they do not
get specific on the age, it simply states that there is a buyer who wants a
high end home but they do not want the hassels of maintaing a large
yard. He stated the buyers are busy people with high incomes. He
stated the Homeowners Association (HOA) will maintain the restrictions
and guidelines for the community.
City of Colleyville
Page 3
Printed on 3/13/2007
Planning and Zoning Commission
Minutes - Draft
February 26, 2007
Commissioner Redfearn questioned Mr. Blagg regarding if there will be a
pool for the facility? Mr. Blagg replied the pool is an option and it has
been discussed. He stated the pool could make the HOA payments
higher. He stated the fountain was the feature they chose.
Commissioner Phelps questioned staff regarding if it is a fact that the fire
wall will eliminate the need for a NFPA 13R fire protection system? Fire
Marshal McKeown replied that is not a fact, regardless of the fire wall or
fire petitions, it will still require a NFPA 13R fire system. He stated
another thing that is key, is that there is not a 20-foot separation, which
would mean those two buildings are considered one, which will require a
sprinkler system, fire alarm system and a Knox box. Commissioner
Phelps questioned Mr. Blagg regarding if this will be something that he
will put in place? Mr. Blagg replied those are individual city requirements
for which the code is uncertain.
Commissioner Duffy questioned Mr. Blagg if he will comply with all city
building and fire codes? Mr. Blagg stated yes.
Sean Lucart, 2504 Kings Court, spoke in opposition to the request.
Doug Harper, 2405 Whitehaven Street North, spoke in opposition to the
request.
Ed Daniels, 6004 Highland Hills Lane, spoke in opposition to the request.
Keith Job, 5803 Whitehaven Street, spoke in opposition to the request.
Michael Christy, 5906 Whitehaven Street, spoke in opposition to the
request.
Douglas Williams, 5807 Highland Hills Lane, spoke in opposition to the
request.
Sally Pearson, 2500 Kings Court, spoke in opposition to the request.
There being no one wishing to speak, the public hearing was closed at
7:56 p.m.
Mr. Blagg came forward and stated the buyers of these townhomes
would enjoy Colleyville like the neighbors do.
Commissioner Taylor moved to deny case Z-07-007.
Dudziak seconded.
Commissioner
Commissioner Taylor stated there have been so many townhomes
approved in Colleyville that are still not even off the ground yet. She
City of Colleyvilte
Page 4
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Planning and Zoning Commission
Minutes - Draft
February 26, 2007
stated she has seen these types of projects in England, but not next to
single story residential.
Commissioner Byerly concurred with Commissioner Taylor and stated
this is not the right project for this neighborhood.
Commissioner Phelps stated there is not a note regarding the garbage
collection on the proposal.
The motion carried by the following vote:
Aye: 6 - Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly
Absent: 1 - McCormick
9. TABLED AGENDA ITEMS
9a
Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres
located in the 1600 block of Sanders Lane, Case P-07-009
Commissioner Byerly recused himself from this agenda item.
Commissioner Redfearn moved to remove case P-07-009 from tabled
items. Commissioner Phelps seconded.
The motion carried by the following vote:
Aye: 5 - Dudziak, Redfearn, Taylor, Phelps, Duffy
Absent 1 - McCormick
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Duffy questioned staff regarding the street names? Fire
Marshal McKeown replied staff is working with the developer to change
some of the street names.
Commissioner Dudziak questioned
reviewed? Chris Fuller replied yes.
City Attorney that the language is
replacing those roads.
if the HOA documents have been
Commissioner Dudziak stated to the
still not clear regarding who will be
Commissioner Redfearn moved
Commissioner Taylor seconded.
The motion carried by the following vote:
to
approve
case
P-07 -009.
Aye: 4 - Redfearn, Taylor, Phelps, Duffy
Nay: 1 - Dudziak
Absent: 1 - McCormick
City of Colleyville
Page 5
Printed on 3/13/2007
Planning and Zoning Commission
Minutes - Draft
February 26, 2007
9b
Approval for a Special Use Permit for alcohol sales Lot AR of the E .M.
Thompson Addition located at 5224 Colleyville Boulevard, Case
Z-07 -003
Commissioner Byerly returned as Chair.
Commissioner Duffy moved to remove case Z-07-003 from tabled items.
Commissioner Dudziak seconded.
The motion carried by the following vote:
Aye: 6 - Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly
Absent 1 - McCormick
Chris Fuller presented the case and briefed the Commissioners.
Don Noblit, representing the property owner, came forward to brief the
Commissioners. He stated it being hard to live with the constraints in the
Special Use Permit (SUP).
George Haddad, prospective tenant, came forward to answer any
questions presented by the Commissioners.
Commissioner Byerly questioned Mr. Haddad regarding that previously
Mr. Haddad had agreed to banning smoking in the facility, but now wants
smoking in the facility. Mr. Haddad stated if smoking is allowed in the
entire city, he questioned why should he be treated any differently.
Commissioner Byerly questioned Mr. Haddad regarding the alcohol sales
in the Bedford location being 80% and the food sales are 20%, is that
accurate? Mr. Haddad replied yes, but the facility has only been open
for 6 months and he stated it takes awhile to get to the maximum food
sales. He stated they have been running specials and promotions for
food sales and have seen an increase.
Commissioner Dudziak questioned Mr. Haddad regarding the December
tax report having a SO/50 split for food and alcohol sales, is that moving
closer to the 60/40 split? Mr. Haddad replied yes, he is running more
advertisements for food sales.
Commissioner Dudziak questioned Mr. Haddad regarding where would
the lunch crowd come from for Colleyville? Mr. Haddad replied the
facility is on the main strip, with people eating on the patio. He stated
there would be flyers sent out as well.
Commissioner Duffy questioned Mr. Haddad regarding what is going to
be done differently in Colleyville to eliminate the smoke and since the
City of Col/eyville
Page 6
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Planning and Zoning Commission
Minutes - Draft
February 26, 2007
tables are high in the Bedford location, where would children sit in the
Colleyville facility? Mr. Haddad replied there is a seating chart showing
the booths on the north and south side, and the high tables would be in
the center. Mr. Haddad stated he has one of the finest exhaust systems
for eliminating the smoke in the area.
Mr. Noblit stated there is a total building exhaust system currently in the
building.
Commissioner Redfearn questioned Mr. Haddad regarding the hours of
operation in the Bedford location? Mr. Haddad replied 11 am to 2 am,
seven days a week. Commissioner Redfearn stated similar facilities in
Colleyville operate with an earlier closing time. He questioned Mr.
Haddad if an earlier closing time would work? Mr. Haddad replied no sir.
He stated the concept has been well known for the past 15 years for
attracting the service industry people who get off work at 10-11 pm. He
stated the kitchen is open until midnight Sun-Wed and until 1 am
Thurs-Sat. He stated he would have sporting events running that will go
past 10 and 11 pm. Commissioner Redfearn questioned Mr. Haddad
regarding what are the preferred hours? Mr. Haddad replied from 11 am
to 2 am seven days a week.
Commissioner Duffy questioned the City Attorney regarding what will
happen if the Commission places recommendations for the SUP, but the
applicant can not accept? Attorney Kallas replied it being up to the
applicant to comply with the conditions, if City Council approves the
conditions, the applicant would have to comply with those conditions in
the SUP.
Commissioner Byerly stated Mr. Haddad could go to City Council and
request them to override any conditions that the Commission places on
the SUP that he can not accept. Attorney Kallas replied that City Council
could address any conditions recommended by the Planning and Zoning
Commission and do as they deem appropriate. Commissioner Byerly
stated only if the Commission denies the request would there have to be
a super majority vote by City Council.
Discussion occurred between Commissioner Duffy and Attorney Kallas
regarding recommendations made by the Planning and Zoning
Commission for City Council.
Commissioner Byerly moved to approve case Z-07-003 with the following
conditions: 1) A termination date of the Special Use Permit for the
on-premises sales of alcoholic beverages one year from the date of
approval; 2) Alcohol may be served from 11 a.m. to 10 p.m., Sunday
through Thursday; 3) Alcohol may be served from 11 a.m. to midnight,
Friday and Saturday; 4) A fire sprinkler system and alarm will be installed
City of Colleyville
Page 7
Printed on 3/13/2007
Planning and Zoning Commission
Minutes - Draft
February 26, 2007
in accordance with the City Local Amendments to the International Fire
Code prior to the issuance of a Certificate of Occupancy. Commissioner
Redfearn seconded.
Commissioner Byerly stated wanting to give Mr. Haddad a chance, but to
limit the hours of operation to be consistent with the area as well as give
him a year to see if he can get his alcohol and food sales in compliance
with Colleyville's ratios.
Commissioner Phelps questioned staff regarding if the first condition
could be softened? He stated the termination date should be conditional
on compliance history only. Attorney Kallas replied with a termination
date, the applicant would have to reapply for the entire SUP. There may
be other conditions that would need to be tailored in the SUP.
Commissioner Duffy questioned Mr. Noblit regarding what is service
personnel and where do they come from? Mr. Noblit replied airport
people and surrounding restaurants. He stated if the SUP is not tailored
for this facility for Mr. Haddad's business, then Mr. Haddad does not
wish to go any further, it would not be of any interest to him.
Commissioner Duffy asked Mr. Noblit to confirm that he does not want to
go to City Council in hopes of them overriding the recommendation set
forth by the Commission? Mr. Noblit agreed, unless the Commission
can accept what Mr. Haddad has proposed.
Attorney Kallas stated there has not been a vote on the motion made.
He questioned Mr. Noblit if they are wanting to withdraw the request
before the vote is made? Mr. Noblit replied not knowing if that is
appropriate at this time. He stated if the motion passes, then they will
not move forward.
Commissioner Byerly stated to Mr. Noblit if these conditions are
approved, then the applicant can move forward to City Council and ask
for conditions other than what is approved. Commissioner Byerly stated
City Council has overridden the Commissioner's decisions many times.
He stated the City wishes to see a business in this building. Mr. Noblit
replied that is why he put his name on the line. He stated if Mr. Haddad
is not a good neighbor, then he will take care of those issues. He stated
Mr. Haddad can not be held responsible for what has happened in the
past because he is coming in under good faith to be a good tenant.
Mr. Haddad stated he is willing to put good money into this project, about
$150,000 out of pocket and did not want to be interrogated and
questioned and compared to previous people. He stated his record
speaks for itself and he stated being a man of integrity. He stated he is
creating jobs and bringing a good business to the community, there will
be people moving into Colleyville to get closer to their jobs. He stated
City of Cofleyvi/le
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his record speaks for itself. He stated he runs his business with dignity
and integrity. He stated his taxes are paid on time. He stated he has
never been put in front of a council over here and interrogated based on
the fact that you had failures in your business here at 5224 Colleyville
Boulevard. He stated he will not stand here and be compared to those
people. He stated he runs a tight ship and his business is successful
and has been successful for 15 years. He stated not having a good
taste for this city anymore.
Commissioner Phelps stated having an issue with approving the motion
with the termination date. He stated the rest is consistent with the other
businesses in Colleyville.
Commissioner Byerly stated there does not need to be a bar in that
location and the termination date or renewal date for the SUP in a year
would make sure that the facility is in compliance with the 60/40 ratio.
Commissioner Phelps stated by reducing the hours of operation, the
alcohol consumption will reduce as well.
Commissioner Redfearn stated the SUP requires special conditions, it is
among the Commission to uphold those conditions and the conditions in
the motion will accomplish the safety and well being of the development
of our community.
Commissioner Taylor stated Mr. Haddad runs a bar in Bedford which he
is trying to make in to a restaurant. She stated he said he can not make
it without that night crowd. Yet, all of the other restaurants can make it
with those hours of operation.
Commissioner Duffy questioned Attorney Kallas regarding if there is a
difference if Mr. Noblit withdraws his request either before or after the
vote on the motion? Attorney Kallas replied if the motion is approved, he
can withdraw the request before moving to City Council. There is really
no difference.
Commissioner Dudziak stated there not being a lot of successful
restaurants along Colleyville Boulevard, maybe the restrictions are too
tight.
The motion dies by the following vote:
Aye: 3 - Redfearn, Duffy, Byerly
Nay: 3 - Dudziak, Taylor, Phelps
Absent: 1 - McCormick
Commissioner Phelps moved to approve case Z-07-003 with the
City of Colleyville
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following conditions: 1) Alcohol may be served from 11 a.m. to 10 p.m.,
Sunday through Thursday; 2) Alcohol may be served from 11 a.m. to
midnight, Friday and Saturday; 3) A fire sprinkler system and alarm will
be installed in accordance with the City Local Amendments to the
International Fire Code prior to the issuance of a Certificate of
Occupancy. Commissioner Duffy seconded.
Commissioner Phelps stated the time constraints would not lend itself to
have a successful bar facility.
Commissioner Redfearn questioned staff regarding a SUP with no
expiration date, under what ownership, under what managementship?
Attorney Kallas replied the SUP will remain with the property until
changed by City Council.
Commissioner Duffy questioned City Attorney Kallas if City Council could
revoke the SUP with proper cause? Attorney Kallas replied yes.
Commissioner Duffy concurred with Mr. Haddad, to spend the money on
the facility for the SUP to go away in one year could hurt the applicant.
He concurred with Commissioner Phelps regarding the hours of
operation. He stated what is being done with this SUP is proper for
Colleyville.
The motion dies by the following vote:
Aye: 3 - Phelps, Duffy, Byerly
Nay: 3 - Dudziak, Redfearn, Taylor
Absent: 1 - McCormick
Commissioner Phelps moved to approve case Z-07-003 with the
following conditions: 1) Alcohol may be served from 11 a.m. to 10 p.m.,
Sunday through Thursday; 2) Alcohol may be served from 11 a.m. to
midnight, Friday and Saturday; 3) A fire sprinkler system and alarm will
be installed in accordance with the City Local Amendments to the
International Fire Code prior to the issuance of a Certificate of
Occupancy. Commissioner Redfearn seconded.
The motion carried by the following vote:
Aye: 4 - Redfearn, Phelps, Duffy, Byerly
Nay: 2 - Dudziak, Taylor
Absent: 1 - McCormick
10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
None
City of Colleyville
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11. COMMISSIONERS' COMMENTS AND REPORTS
Commissioner Duffy stated Code Enforcement is difficult and has
evolved as it goes along. He stated wanting Code Enforcement to
enforce all codes in Colleyville especially this one so that there will be
history documented.
Commissioner Phelps questioned staff regarding altering the hours of
operation, where can those conditions be introduced. Attorney Kallas
replied City Council will have to amend the Code of Ordinances.
12. ADJOURNMENT
Meeting adjourned at 9:15 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Thursday, February 22, 2007 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
City of Colleyville
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RESOLUTION R-07 -2821
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
MARCH 20, 2007
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 BY A VOTE OF AYES,
ON THIS THE DAY OF
NAYS AND
2007.
ABSTENTIONS
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor