HomeMy WebLinkAboutCity Council-Agenda Packets-2/26/2002
City of
~
Texas
AGENDA
CITY COUNCIL WORKSESSION
AND
SPECIAL CITY COUNCIL MEETING
5400 BRANSFORD ROAD
February 26, 2002
6:00 - 7:00 P.M. - WORKSESSION
1. Review and Discussion of Drainage Master Plan and Proposed Projects
REGULAR AGENDA
7:00 P,M. - CALL TO ORDER
ROLL CALL
INVOCATION: Mayor Donna Arp
PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
PUBLIC HEARINGS:
1. FIRST READING AND PUBLIC HEARING - Resolution R-02-1917 - Approval
of a construction contract with Ratcliff Constructors for the Colleyville City Hall
and Library, in the amount of $7,940,908 and a construction contingency amount
of $794,090
2. FIRST READING AND PUBLIC HEARING - Resolution R-02-1918 - Approval
of Intersection Improvement Projects
TABLED ITEM:
ACTION/RESOLUTION:
3. CONSIDERATION OF ORDINANCE 0-02-1330 - Amendments to the
Colleyville Land Development Code to establish regulations for tents to be used
as temporary structures, requested by the City of Colleyville, Case Z-02-004
ADJOURNMENT:
4. ADJOURNMENT
I hereby certify the above agenda was post on the bulletin board at City Hall on Friday, February 22,
2002, at 4:30 p.m.
Cynthia Singleton, TRMC
City Secretary
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.577.7575, and reasonable accommodations will be made to assist you.
CitY or
~
CC~~Dce
CITY COUNCIL 7",,$ AGENDA BRIEFING
For mtg. : 02/26/02 CMO Approval:
Item #:
Resolution # :
DEPT. :
ENGINEERING
SUBJECT:
Review and Discussion of Drainage Master Plan
and Proposed Projects
Previous Action: None
City staff will review and discuss the Drainage Master Plan and Proposed Projects for
City Council consideration. (See attached).
(continued)
~&.t L+
CITY MANAGER
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
. Staff memorandum, dated February 19, 2002 (paper copy only)
MEMORANDUM
TO: Mayor and City Council
FROM: Bill Lindley~
SUBJECT: Drainage improvement Program
DATE: February 19, 2002
In 1993, the City Council approved a Drainage Utility Fund and began assessing
a monthly fee. Each year, the City collects approximately $600,000 from the fee,
with revenues being allocated to debt service and drainage operations.
The City allocates approximately $20,000 per year from the Drainage Utility Fund
for small drainage projects. The remaining balance has been allocated to the
payments of the 2001 drainage bond issue.
The City has $1.6 million available for various drainage improvements. The
funding is provided from a 2001 bond issue for undesignated projects. Revenues
from the monthly drainage utility fund partially support this issuance. In February
2001 the City Council held a worksession to provide an opportunity for staff to
present an overview of the City's drainage master plan and list of over $80 million
in potential drainage projects.
Staff has proceeded with the preliminary engineering and design of the Oak Knoll
Low Water Crossing Project. Current estimate for this project is approximately
$1.7 million. On the basis that we have spent approximately $15,000 in
preliminary engineering and do not have funding available for construction, staff
is proposing not to proceed at this time with this project. Staff has also begun
design for the Jewell Estates Drainage Project.
Attached is a list of projects that could be funded with the available $1.6 million
from the 2001 drainage bond program. These projects, which meet the criteria
from the drainage priority master plan, may be funded. Also included in this list
are the drainage improvements for John McCain Road at SH26 project and for
the Cheek Sparger Road at Jackson Road intersection improvement.
On February 26, staff will review the drainage master plan report and proposed
projects.
If you have any questions or need additional information, please contact me.
Attachment
Drainage Bond Project Priority List
Halff Associates, Inc. conducted a preliminary engineering analysis for the Oak
Knoll low water crossing. The preliminary engineering construction estimate is
$1,700,000. After reviewing the report, staff would like to recommend that the
Oak Knoll low water crossing be removed from the list of projects, due to the
excessive cost, and the following drainage projects be constructed with the 2001
Drainage Bonds.
Total Bond Money Available: $1,600,000.00
Projects Estimates
~ John McCain Road @ Hwy 26 Realignment 450,000.00
~ Jewel Estates Drainage Improvements 380,000.00
~ Little Bear Creek Restudy and Letter of Map Revision 50,000.00
~ Jackson Road Drainage Improvements (Cheek Sparger and 200,000.00
Jackson Road Intersection Improvements)
~ L.D. Lockett Drainage (Hunter Trail to Quality Hill) 100,000.00
~ Felps Drive (flooding of private residence) 75,000.00
~ Cheek-Sparger and Sanbar Drainage Improvements 100,000.00
~ Stonecrest Estates Drainage (private property damage) 75,000.00
~ Bedford Road @ Saddlebrook Entrance (groundwater) 25,000.00
~ John McCain Road Channel Improvements 20,000.00
(adjacent to Coptic Church)
Total: $1,475,000.00
Additional projects will be considered with remaining funds available.
CC~ca
CITY COUNCIL ?e,"$ AGENDA BRIEFING
For mtg. : 02/26/02 CMO Approval:
Item#:
1
Resolution # :
R-02-1917
Previous Action: None
DEPT. :
ENGINEERING
SUBJECT:
Approval of a construction contract with Ratcliff
Constructors for the Colleyville City Hall and
Library, in the amount of $7,940,908 and a
construction contingency amount of $794,090
Reading and Public Hearing
Since December 1999, City Staff and Brinkley Sargent Architects have been working on
the design of the Colleyville City Hall and Colleyville Public Library. Final construction
plans were completed in late January 2002. The project was advertised for bid
beginning on January 22, 2002.
The bid was structured to include a base bid and five alternates. The alternate bids are
outlined as follows:
Alternate #1 Site utilities (water and storm sewer relocation)
Alternate #2 Windows (aluminum windows instead of wood windows)
Alternate #3 Omit vinyl wall covering (paint walls)
Alternate #4 Omit fa<;ade lighting (eliminate building exterior lighting)
Alternate #5 Reduce landscaping (eliminate rear building landscape)
(continued)
~ ~ l-- :.-~
CITY MANAGER
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-02-1917
Page 2 of 2
Bids were opened on February 19, 2002, at 2:00 p.m., at the Colleyville City Hall.
Twelve construction companies submitted bids on the project, with base bids ranging
from $7,940,908 to $9,795,000. Ratcliff Constructors Inc. of Dallas, Texas submitted
the low bid. (See attached bid tabulation).
City staff is not recommending the inclusion of any of the alternates due to the amount
of the base bid that was submitted by Ratcliff Constructors.
The City attorney has reviewed and approved the construction contract. City staff did
not include the contract within the agenda due to its size. The contract is available for
review at City Hall.
Financial Impact
Compensation for the construction contract is $7,940,908 and the 10% construction
contingency is $794,090. The total funding allocation is $8,734,998. Funding is
available from Tax Increment Financing Bonds, 1999 G.O. Bonds Library, and 2000
CEDC Bonds.
Recommendation
Approval
Attachments
. Bid Tab
. Resolution R-02-1917
Bidders Bid Add. Unit Base Bid Alternate # I Alternate #2 Alternate #3 Alternate #4 Alternate #5
Bond 1.2,3 Prices Site Utilities Windows Omit vinyl wallcovering Omit fac;ade lighting Reduce landscaping
Ratcliff Constructors X X X $7,940,908 ($29,688) ($59,214) ($22,089) ($19,775) ($48,288)
Bob Moore Const. X X X $8,150,000 ($3,672) $23,000 ($21,000) ($19,000) ($37,000)
McCarthy X X X $8,578,000 $21,733 ($81,500) ($27,150) ($18,800) ($30,000)
lCl Construction X X X $8,788,000 ($28,000) ($67,000) ($21,000) ($12,500) ($36,000)
AUI Contractors X X X $8,750,000 ($28,000) ($70,700) ($12,400) $38,000 ($3 I ,800)
Sedalco X X X $8,840,000 ($27,000) ($39,000) ($12,000) ($19,000) ($6,000)
Cadence McShane X X X $8,920,000 ($22,000) ($76,000) ($21,000) ($14,000) ($23,600)
C. D. Henderson X X X $8,983,000 ($28,500) ($75,000) ($27,000) ($19,000) ($55,000)
Walker Building Corp. X X X $8,990,000 ($4,000) Nobid ($12,000) ($20,000) ($42,000)
Haws & Tingle X X X $9,197,000 ($28,000) ($135,000) ($12,000) ($4,000) ($20,000)
Archer Western X X X $9,347,000 ($16,500) ($165,000) ($15,000) ($26,000) ($50,000)
Constructors & Assoc. X X X $9,795,000 ($5,700) ($120,000) ($20,000) ($20,000) ($60,000)
Bid Tabulation Sheet
Colleyville City Hall & Library
February 19,2002
RESOLUTION R-02-1917
A RESOLUTION AUTHORIZING THE APPROVAL OF A CONSTRUCTION
CONTRACT FOR THE COLLEYVILLE CITY HALL AND THE COLLEYVILLE PUBLIC
LIBRARY WITH RATCLIFF CONSTRUCTORS INC.
WHEREAS, design plans were completed by Brinkley Sargent Architects in January
2002 for the construction of the Colleyville City Hall and Library; and
WHEREAS, the bid notice was advertised on January 20, and 27, 2002; and
WHEREAS, bids were received and publicly opened on February 19, 2002, with twelve
bids submitted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the construction contract with Ratcliff Constructors Inc., in the
amount of $7,940,908 is hereby approved.
Sec. 2.
THAT a 10% construction contingency in the amount of $794,090 is
hereby approved.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF AYES,
THIS THE DAY OF
NAYS, AND
2002.
ABSTENTIONS ON
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
CC~ca
CITY COUNCIL 7l,,"$ AGENDA BRIEFING
For mtg. : 02/26/02 CMO Approval:
Item#:
2
Resolution # :
R-02-1918
Previous Action: None
DEPT. :
ENGINEERING
SUBJECT:
Approval of Intersection Improvement Projects
Reading and Public Hearing
In June 2001, City Council requested that staff conduct warrant and traffic studies for
selected intersections within the City. Staff hired Freese and Nichols, Inc., to conduct
the traffic studies for the intersections of Glade Road at Heritage Avenue, John McCain
Road at Pleasant Run Road and John McCain Road at Westcoat Drive. Additionally,
warrant studies were conducted fro the intersections of Glade Road at Roberts Road
and Glade Road at Martin Parkway.
On December 6, 2002, a worksession was held with the City Council to provide an
overview of the intersections and roadway improvements for consideration.
(continued)
- ~Ju ~ ~
CIT ANAGER /
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-02-1918
Page 2 of 2
The Council was requested to provide direction related to intersection improvement
priorities. As per the attached memorandum, funding is available for the design and
construction of all Priority 1 projects. Funding is also available for two (2) of the five
Priority 2 projects. These projects are Glade Road at Roberts Road Signal Improvement
and Glade Road at Jackson.
As a follow-up to the December 6, 2001 worksession, staff has prepared an overview of
the planned intersection improvements including funding and estimated construction
timelines to assist the City Council in finalizing intersection improvements. (See
attached).
Financial Impact
Funding is available from the following sources: Impact Fees, Perimeter Street Fees,
TIF Funds, Drainage Bonds, State and Federal and 2001 Drainage Bonds.
Recommendation
Approval
Attachments
. Staff memorandum, dated February 19, 2002 (paper only)
. Staff Memorandum, dated February 22, 2002 (paper only)
. Definitions for Funding Sources
. Resolution R-02-1918
MEMORANDUM
TO: Bill Lindley, City Manager
Dianne McWethy, Deputy City Manager
FROM: Keith Fisher, Interim Public Services Director
Chris Steubing, Capital Improvements Engineer
SUBJECT: Intersection Improvements
DATE: February 19, 2002
In December of 2001, staff presented to the City Council, several intersections for
discussion and improvement. The intersections and street improvements are as listed
below. The projects are presented in order of priority as indicated by the City Council.
Priority 1 Projects:
Glade Road @ Heritage Avenue w/ Martin Parkway Signal Improvements:
Improvements include reconstructing the existing signal at Glade Road and Heritage
Avenue; east leg: add a free right turn lane for traffic to turn north bound onto Heritage
Avenue with two through lanes and a dedicated left turn lane; west leg: will include two
through east bound lanes with the outer lane being a shared through- right lane and a
dedicated left turn lane to north bound Heritage Avenue and a transition lane for the two
west bound lanes, there will be three lanes back to Martin Parkway; north and south
legs: improvements will include new transitions and proper alignments of lanes to
provide better traffic patterns and a safer intersection, *Martin Parkway: addition of a
traffic signal.
There are four parcels where right-of-way will have to be negotiated.
Funding:
Impact Fees
Perimeter Street Fees
$600,000
$300,000
Design and Construction Estimate: $900,000
Schedule: Start 1 st Quarter 2002 and End 4th Quarter 2003
John McCain Road @ Highway 26 Realignment:
Improvements include the realignment of John McCain Road with State Highway 26 to
create a more efficient intersection with improved safety. A new traffic signal will be
installed at the intersection and additional lanes will be provided as well. The paving
improvements will be concrete with curb and gutter and the drainage improvements will
be subsurface. This project is scheduled for letting through TXDOT in May of 2002.
Construction should start 90 -120 days after letting.
Funding:
Perimeter Street Fees -
Impact Fees -
TIF Funds -
Drainage Bonds -
State and Federal -
$220,143
$250,000
$626,000
$450,000
$351,379 includes STP-MM and railroad funds
Design and Construction Estimate: $1,897,522
Schedule: Start 3rd Quarter 2002 and End 3rd Quarter 2003
Cheek-Sparger Road @ Jackson Road:
Option 1:
Improvements will include the addition of a dedicated left turn lane on Cheek-Sparger
with a traffic signal. Jackson Road will be realigned and a left turn lane will be added as
well. The paving improvements will be asphalt with concrete curb and gutter. The
drainage improvements will be subsurface to eliminate the existing problems. Inlets will
be placed in the curb and gutters to collect surface drainage and take it to the new
subsurface storm drain system.
Option 2:
Improvements will include the addition of two through lanes in the east and west
directions with dedicated left turn lanes on Cheek-Sparger Road at Jackson Road. A
traffic signal will be installed to increase safety and efficiency of the intersection. The
paving improvements will be asphalt with concrete curb and gutter. The drainage
improvements will be subsurface to eliminate the existing problems. Inlets will be placed
in the curb and gutters to collect surface drainage and take it to the new subsurface
storm drain system.
Funding:
Perimeter Street Fees -
Impact Fees -
2001 Drainage Bonds -
$ 85,000
$495,000
$200,000
2
The above provides funding for the design and construction of Option 2.
Design and Construction Estimate:
$780,000
Schedule: 2nd Quarter 2002 and End 4th Quarter 2003
Priority 2 Projects:
John McCain Road @ Pleasant Run Road:
The two options that were presented are below. Staff is working towards scheduling a
public meeting with effected property owners in the area in March of 2002.
Option 1:
Improvements will include the addition of dedicated left turn lanes in all directions with
consideration for a traffic signal. The paving improvements will consist of asphalt with a
concrete ribbon curb. The drainage improvements will consist of surface drainage
improvements that include regarding bar ditches and replacing driveway culverts. There
are two parcels where right-of-way will have to be negotiated.
Option 2:
Improvements will include the addition of a roundabout to replace the existing four- way
stop intersection. The roundabout will be constructed of concrete and the transitions to
the existing lanes will be asphalt. The drainage improvements will consist of surface
drainage improvements that include regarding bar ditches and replacing driveway
culverts. There are four parcels where right-of-way will have to be negotiated.
Funding:
Perimeter Street Fees -
$355,000
($130,000 Pleasant Run Road)
($172,000 John McCain Road)
Design & Construction Estimate:
$355,000
$ 53,000
Funding Shortfall:
Schedule: Start 4th Quarter 2002 and End 1 st Quarter 2004
Due to timing of this project, adequate funding may be available by the scheduled start
date.
3
Glade Road @ Roberts Road:
Improvements will include the addition of a traffic signal. This intersection will be
monitored after completion of the Glade and Heritage improvements and a traffic
analysis will be conducted to verify the need of a traffic signal at this location.
Funding:
Perimeter Street Fees - $100,000
Design and Construction Estimate: $100,000
Schedule: Start 4th Quarter 2003 and End 3rd Quarter 2004
Glade Road @ Pool Road I Jackson Road
Improvements will include the addition of a traffic signal and restriping the existing traffic
lanes. Additional transitions may be needed and will be added to the project as
determined by design. After completion of the Glade Road @ Heritage Avenue
improvements and the Martin Parkway improvements, staff will evaluate the intersection
and revise the traffic signal warrant study accordingly.
Funding:
Perimeter Street Fees -
Impact Fees -
$111 ,000
$ 30,000
Design and Construction Estimate: $140,000
Schedule: Start 4th Quarter 2003 and End 3rd Quarter 2004
Cheek-Sparger Road @ Martin Parkway:
Improvements include the addition of left turn lanes from Cheek-Sparger on to Martin
Parkway and the addition of a traffic signal. This project will be designed and
constructed with the John McCain Road @ Pleasant Run Road Intersection
improvements. The project estimate is subject to increase due to the City of Bedford
alignment adjacent to Cheek-Sparger Road. Due to right-of-way restrictions adjacent to
the City of Bedford, the roadway may be relocated to the north. This will increase the
estimate due to additional drainage improvements that will have to be constructed.
Funding:
Reallocation: (loss) $250,000 Impact Fees to Cheek-Sparger @ Jackson,
Higher Priority
Design and Construction Estimate: $250,000
Funding Shortfall: $250,000
4
John McCain Road @ Westcoat Drive:
Three options were presented for this project. The options are listed and described
below.
Option 1:
Improvements will include the consideration of the installation of a traffic signal and
dedicated left turn lanes with a complete reconfiguration of the intersection geometry.
John McCain / Westcoat would become the through street with the west leg of John
McCain intersecting at the new signal. Free right turn lanes will be constructed on the
east and west legs.
Option 2:
Improvements will include consideration of a traffic signal with the addition of dedicated
left turn lanes on the south and east legs. The intersection geometry would remain as it
is today (John McCain would remain the through street). Free right turn lanes will be
constructed on the south and west legs.
Option 3:
Improvements will include the installation of a roundabout that will replace the existing
intersection.
Funding:
Perimeter Street Fees - $ 53,000
Design and Construction Estimate: $300,000
Funding Shortfall: $247,000
Supplemental Funding Projects:
Church Street Signal Improvements:
Improvements include constructing a traffic signal at the new Church Street and Hwy 26
location out of the Town Center Project. A warrant study has already been approved by
TXDOT and the design is approximately 75% complete.
Funding:
General Fund
Construction Estimate:
$75,000
5
Bogart Street Improvements:
Improvements will include two additional lanes of traffic along Bogart for added capacity
during peak volume times. Staff will be talking with GCISD to discuss their current drop
off and pick up scenario and staging areas for parents for both Colleyville Middle School
and Colleyville Elementary School.
Funding:
TIF funding
Perimeter Street Fees
$600,000
$232,900
Church Street Realignment Project:
Improvements will include paving, drainage, and utility improvements to construct
Church Street from Pleasant Run Road to Hwy 26.
Funding:
TIF funding
Perimeter Street Fee
$1,100,000
$ 13,000
6
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Cou~
Bill Lindley - e:
Street intersection programming
February 22, 2002
Attached is a summary of the various street intersection projects we discussed
this past December. We have gone through and placed the intersections into
two categories of Priority One and Two. This is based on our interpretation from
the December meeting. Construction for the various improvements will be bid
both as asphalt and concrete.
Of the first three projects in the Priority One category we have available cash to
fund the Glade and John McCain projects. We have available funds available to
fund Improvements for Option One for the Jackson intersection. This is
supplemented by allocating partial funds from the John McCain at West Coat
intersection to the Hwy. 26 intersection. By doing this we are then able to
allocate $200,000 (Drainage Bond funds) from that intersection to the Jackson
intersection.
You have cash available to complete thee of the five projects under the Priority
Two intersections. If you select to not proceed with the Jackson intersection then
you would have available cash funding for the Martin Parkway improvements.
You will recall that we have not ever had full funding for the John McCain at West
Coat intersection thus is the reason we are proposing to reallocate the partial
funding to assist in other intersection funding.
Staff has been in contact with the RTC regarding possible funding for the Hwy.
26 project. In addition, we will be submitting all of the intersection projects in the
next few weeks to the RTC for possible state funding. We will keep you advised
as these discussions progress.
We look forward to the discussion on 2-26 as you finalize the list of intersections.
Staff will provide an overview of the fundable projects and projected construction
time line.
- Definitions for Funding Sources -
Perimeter Street Escrow: A deposit in escrow of the estimated cost of the
required perimeter street and utility facilities in-lieu of the actual construction
of said facilities. The escrow is equivalent to one-half of the total cost of
construction for the improved facilities.
Impact Fee: A charge or assessment imposed by a political subdivision
against a new development in order to generate revenue for funding or
recouping the costs of capital improvements or facility expansions
necessitated by and attributable to the new development.
Tax Increment Financing (TIF): Tax Increment Financing, the act of
capturing the amount of property taxes levied by a taxing unit for the year on
the appraised value of real property located within a defined investment zone.
The tax increments are paid into the TIF fund and used to pay project costs
within the zone, including debt service obligations.
Surface Transportation Program - Metro Mobility: Federal grant program
for funding transportation improvements for the betterment of traffic mobility.
Drainage Utility Bond: A bond on which the debt service is payable from
drainage fees. These bond funds are used for capital drainage improvement
projects currently listed on our drainage priority list.
RESOLUTION R-02-1918
A RESOLUTION AUTHORIZING INTERSECTION IMPROVEMENTS
WHEREAS, the City secured the services of Freese and Nichols, Inc., to conduct
warrant and traffic studies for selected intersections within the City; and
WHEREAS, the City Council desires to improve intersections throughout the City to
enhance mobility; and
WHEREAS, the intersection improvements will increase safety resulting in more
efficient intersections; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the following Priority 1 Intersection Improvements are hereby
approved:
Sec. 2.
THAT the following Priority 2 Intersection Improvements are hereby
approved:
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF
THIS THE DAY OF
AYES,
NAYS, AND
2002.
ABSTENTIONS ON
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
City Of
cceca
CITY COUNCIL 7m$ AGENDA BRIEFING
For mtg. : 02/26/02 CMO Approval:
Item #:
3
Ordinance # :
0-02-1330
Previous Action: Tabled
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Amendments to the Colleyville Land Development
Code to establish regulations for tents to be used
as temporary structures, requested by the City of
Colleyville, Case Z-02-004
Update
The City Council tabled action on this agenda item at the February 19, 2002 meeting
and directed staff to make a minor revision to the proposed ordinance regarding permit
time limits for public and private schools. The revised ordinance will allow a public or
private school to have a tent permit for 120 consecutive days.
Second Reading and Public Hearing
Backqround
At the February 5, 2002 meeting, the City Council requested staff to incorporate a
definition for the tents regulated by the proposed ordinance and, where appropriate, to
make reference to the Colleyville Code of Ordinances. The City Council also wanted a
link to the requirements for a permit for "Mass Gathering Special Events" that is
approved by separate action by the City Council for large public gatherings.
(continued)
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-02-1330
Page 2
These two additional items have been added to the proposed ordinance. As can be
seen, the proposed definition to be inserted in the Land Use Development Code
excludes temporary structures or shelters less than 200 square feet in size, thus
excluding backyard camping and other such tents.
First Reading and Public Hearing
Backqround
Colleyville's current tent regulations are in need of revision to address issues related to
land use, permitting procedures and frequency of use. One of the primary concerns
with the current regulations is that provisions that regulate usage only allow a tent to be
used for "outdoor display and sales of food products". Other uses of tents, according to
the current regulations, are not allowed. The current tent regulations are contained in
Chapter 70-33 of the Code of Ordinances and except for the single use provision, the
requirements primarily address only fire protection issues. The following is the key
introductory paragraph from the current tent regulations.
"The erection of a tent or other temporary structure as a shelter for
outdoor display and sales of food products shall meet the following
requirements:"
Since the primary purpose of establishing tent regulations should be to limit the number
of times that a tent is erected and to limit the land use activities associated with the tent,
staff is recommending that tent regulations be incorporated into the Land Development
Code. The current regulations in the Colleyville Code of Ordinances will be deleted,
since the Colleyville Building Code and Colleyville Fire Code already address fire
protection requirements. Most cities adopt tent regulations as a means of limiting
temporary uses in commercially developed areas and to provide a measure of fire
protection to the general public when attending large mass gatherings, such as those at
a church revival or a carnival. One of the issues associated with adopting tent
regulations is to prevent a property owner from erecting a tent without much investment
on a vacant lot and competing with an existing business located within an expensive
permanent structure.
The proposed ordinance would allow only the owner of an existing business to obtain a
tent permit for a special sales event and the use of the tent would have to be consistent
with the uses allowed for the zoning district. The ordinance also allows a permit to the
holder of a "mass gathering" permit that has been approved by the City Council. A tent
permit would only be valid for a thirty day period and a permit holder could only obtain
three permits within a calendar year. No permits could run consecutively and a thirty
day period is required between permit periods. The Fire Marshal is required to approve
the site plan prior to issuing the tent permit.
Agenda Briefing
Ordinance 0-02-1330
Page 3
The attached ordinance has been drafted to delete the regulations contained in Chapter
70-33 of the Code of Ordinances and insert new language in the Land Development
Code.
The Planning and Zoning Commission conducted a public hearing and considered this
amendment at the January 28, 2002, meeting and recommended approval as submitted
by a unanimous vote.
Recommendation
Approval
Attachments
· Ordinance 0-02-1330
ORDINANCE 0-02-1330
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER
3 - LAND USE, OF THE LAND DEVELOPMENT CODE, AS AMENDED, AND
AMENDING SECTION 70-33 OF THE CODE OF ORDINANCES OF THE CITY OF
COLLEYVILLE BY APPROVING REGULATIONS FOR TENTS AS TEMPORARY
STRUCTURES; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND AUTHORIZING PUBLICATION.
WHEREAS, regulations for tents as temporary structures are found in Chapter 3 of the
Land Development Code and Section 70-33 of the Code of Ordinances of
the City of Colleyville; and
WHEREAS, the City Council of the City of Colleyville desires to amend certain
regulations pertaining to tents as temporary structures; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission was
published in a newspaper of general circulation in Colleyville at least 15
days before such hearing, under Case Number Z-02-004; and
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before
such hearing; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
forwarded its report and recommendation to the City Council for
consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec 1.
THAT Chapter 2 - Definitions of the Land Development Code, as
amended, is hereby amended to insert a new definition: - "Tent"
which shall read as follows:
Section 2.5 - Tent
Tent. A structure, enclosure or shelter constructed of fabric or
pliable material supported by any manner except by air or the
contents it protects.
Sec2.
Ordinance 0-02-1330
Page 2 of 4
THAT Chapter 3 - Land Uses of the Land Development Code, as
amended, is hereby amended to insert a new Section 3.24.0.4 - Tent
Sales and Other Special Events which shall read as follows:
Section 3.24.D.4 - Tent Sales and Other Special Events
A tent, as defined herein, may be used as a temporary structure
for public occupancy in accordance with the following
requirements:
a. A permit approved by the Building Official is required prior to
the construction of a tent regulated by the Colleyville Building
Code, Colleyville Fire Code and this Section.
b. No permit shall be approved unless accompanied by a site
plan showing the proposed location of the tent. The Colleyville
Fire Marshall shall approve said site plan.
c. A permit for a tent shall only be issued to the following:
i. The holder of a certificate of occupancy of a permanent
structure where the tent is incidental to the use of the
primary structure, or
II. The holder of an application approved by the City Council
for a "Mass Gathering Special Event" in the City, as defined
in Section 22-176 of Article VI. Mass Gatherings; Outdoor
Music Festivals, of the Code of Ordinances, City of
Colleyville, Texas.
d. The use of the tent shall be consistent with Section 24.C -
Table of Permitted Uses.
e. No permit for a tent shall be valid for more than (30)
consecutive days and no more than three (3) permits may be
issued in one calendar year, except for public or private
schools, which may be issued a permit that is valid for no more
than one-hundred and twenty (120) consecutive days.
Permits shall not run concurrently and each permit must be
separated by a period of not less than thirty (30) days.
f. Tents must also comply with the additional requirements of the
Colleyville Building Code and Colleyville Fire Code.
Sec 3.
Sec4.
Sec. 5.
Sec. 6.
Sec. 7.
Sec 8.
Ordinance 0-02-1330
Page 3 of 4
THAT Section 70-33, Tents and temporary structures, of the Code of
Ordinances of the City of Colleyville, is hereby amended in its entirety
to read as follows:
Section 70-33. Reserved.
THAT it is hereby declared to be the intention of the City Council that
the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgement or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
THAT the regulations contained in the Colleyville Land Development
Code shall remain in effect, except where amended by this ordinance.
THAT the regulations contained in the Code of Ordinances of the City
of Colleyville shall remain in effect, except where amended by this
ordinance.
THAT, any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Land Development Code
of the City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
Ordinance 0-02-1330
Page 4 of 4
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2002.
day of
The second reading and public hearing being conducted on the
2002.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross 1. Foster
City Attorney