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Home My WebLink AboutCity Council-Agenda Packets-10/15/2002 City of Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD OCTOBER 15, 2002 5:15 P.M. - 6:30 P.M. - PRE-COUNCIL AGENDA 6:30 P.M. - METROPORT TEEN COURT ADVISORY BOARD APPLICANT INTERVIEW PC.-1 Discussion of the proposed Ethics Ordinance PC.-2 Discussion of the Riverwalk Drive extension PC.-3 Discussion of October 15, 2002, City Council regular agenda items REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Sec. 551 .072 - Sec. 551.074 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Potential litigation - Westcliff Development Property Acquisition - Fire Station Personnel - City Manager Performance Evaluation Sec. 551.071 - 7:30 P.M. - RESUME REGULAR MEETING P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 INVOCATION: Dr. Gary Kindley, First United Methodist Church PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS PROCLAMATION - In recognition of "Red Ribbon Week" at Colleyville Heritage High School - John Nasr, President of Students Against Destructive Decisions (SAD D) PROCLAMATION - In recognition of Chamber of Commerce week, October 21- 25, 2002 - Ret Stansberger, President, Colleyville Area Chamber of Commerce PRESENTATION - IESI Corporation - Donation to Colleyville Public Library ANNOUNCEMENT - First Council meeting in November will be Wednesday, November 6, 2002 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-2042- Consent Items: a. Approval of minutes of the regular City Council meeting of October 1, 2002 b. Approval of minutes of the Colleyville City Council Worksession of September 26,2002 c. Approval of amending Exhibit "A" of Resolution R-02-1994 approving AT & T basic cable rates d. Approval of FY2003 Agency Agreements including Tarrant Youth Recovery Campus, Colleyville Heritage High School (CHHS) Project Graduation, Grapevine High School (GHS) Project Graduation, Keller High School (KHS) Project Graduation, Alliance for Children, Colleyville Area Chamber of Commerce, Metroport Meals on Wheels (MMOW), Arts Council of Northeast Tarrant County, Women's Haven, Grapevine Relief and Community Exchange (GRACE,) Women's Shelter and Colleyville Proud e. Approval of the disposal of surplus vehicles and equipment f. Approval the of Shadowood Trail Condominium Easement Agreement PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1369 - Approval of the Special Use Permit for an accessory building on Lot 5A Sand Oak Acres located at 4508 Jim Mitchell Trail West, Case Z-02-024 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1370 - Approval of the Special Use Permit for Automotive Repair and Service with outside storage on Lot 1, Block 1, Highway 26 Industrial Addition, located at 6804 Colleyville Boulevard, Case Z-02-025 6. READING AND PUBLIC HEARING - Resolution R-02-2043 - Approval of the Final Plat of Sparger Felps Addition, 1.4353 acres located at the northwest corner of Cheek Sparger Road and Felps Drive, Case P-02-038 7. READING AND PUBLIC HEARING - Resolution R-02-2044 - Consideration of appointment to the Metroport Teen Court Advisory Board 8. READING AND PUBLIC HEARING - Resolution R-02-2045- Approval of an Interlocal Agreement with Grapevine-Colleyville Independent School District to perform governmental functions and services as outlined in Chapter 791 of the Government Code TABLED ITEMS: 9. CONSIDERATION OF ORDINANCE 0-02-1366 - Approval of the Zoning Change from R40 to PUD-R Planned Unit Development Residential and PUD-C Planned Unit Development Commercial on 36.264 acres located at the northeast corner of Precinct Line Road and L.D. Lockett Road, Case Z-02-023 STAFF REPORTS 1 O. MONTHLY FINANCIAL REPORT SOLID WASTE AND RECYCLING REPORT REPORTS: 11. PARKS AND RECREATION ADVISORY BOARD MINUTES - August 19, 2002 PARKS AND RECREATION ADVISORY BOARD MINUTES - August 21,2002 PARKS AND RECREATION ADVISORY BOARD MINUTES - September 9, 2002 CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 15, 2002 - Reading and Public Hearing - Resolution R-02-2046 ADJOURNMENT: 14. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, October 11, 2~O;R ~~ Cynthia Singleto~ 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. PRE-COUNCIL CilY Of CC~:e~n0 AGENDA BRIEFING rl''''~' MEETING DATE: ' 1 0/15/02 CITY MANAGER ! cMt ITEM#: PC-1 DEPARTMENT HEAD (JP FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the proposed Ethics Ordinance This item provides the opportunity for the City Council to discuss the proposed Ethics Ordinance. , ORDINANCE NO. AN ORDINANCE ADOPTING AN ETHICS CODE, PROVIDING FOR A STATEMENT OF POLICY AND CONSTRUCTION, ESTABLISHING DEFINITIONS, PROVIDING ST ANDARDS OF CONDUCT, REQUIRING DISCLOSURES, ESTABLISHING AN ETHICS COMMISSION, PROVIDING FOR LEGAL OPINIONS, ESTABLISHING A PROCEDURE OF FILING A DISPOSITION OF COMPLAINTS, AND ESTABLISHING A RANGE OF SANCTIONS AND PROVIDING FOR RECISSION OF A PRIOR RESOLUTION. WHEREAS, the City Council of the City of Colleyville deems it is in the best interest of the citizens of the City of Colleyville to establish an ethics code, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AS FOLLOWS: Sec. 1: THAT an ethics code providing as follows is hereby adopted: "COLLEYVILLE ETHICS CODE Statement of Policy And Construction 1. Officials of the City of Colleyville have a special responsibility to the citizens of Colleyville. They should be dedicated to the highest ideals of honor and integrity in all public and personal relationships. They should demonstrate a commitment to the preservation of the values and integrity of local government, and a dedication to effective, efficient government. In order to further these objectives, the Colleyville Code of Ethics is adopted. The provisions of the Code of Ethics shall be construed liberally to promote the foregoing policies. Definitions 2. As used in this Code of Ethics the following identified terms have the stated meaning: (a) "Effected" means reasonably likely to be subject to a direct economic effect or consequence, either positive or negative, as a result of a vote, decision or action by the City. (b) "City" means the City of Colleyville. (c) "City Official" means the following: Any member of the City Council, including the Mayor, the City Manger, the City Attorney, the Judge of the City's Municipal Court and any appointed member of a board, commission, authority or committee set up by ordinance, the Charter, the State Law or otherwise on a temporary or permanent basis, but not members of a board, commission, authority or committee which functions only in a advisory or study capacity and which has no discretionary, government, quasi judicial or administration authority. (d) "Decision" means a vote and any deliberations on any ordinance, resolution, contract, franchise or other matter. (e) "Discretionary Authority" means the power to exercise any discretion in a decision or action. (f) "Entity" means a sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, joint venture, receivership, trust, or any other entity recognized by law through which business may be conducted. (g) "Immediate Family Member" means the spouse, parent, parent-in-law, brother, brother-in-law, sister, sister-in-law, child, son-in-law, daughter-in-law, or other person living in the same residential dwelling unit of the person. (h) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity. 0) "Substantial Interest" means: A person has a substantial interest in an entity if they have a 10% or more ownership interest in the entity, the value of the person's interest in the entity exceeds $15,000.00 or the person has received from the entity 10% or more of the person's gross income for the preceding year. A person has a substantial interest in real property if the person's interest exceeds a value of $2,500.00. Standards of Conduct 3.1 No city official shall make a decision or exercise their discretionary authority with regard to an entity or property in which he or she has a substantial interest. 3.2 No city official shall grant in the discharge of his or her official duties any improper favor, service or thing of value to any person or entity. 3.3 No city official shall make or permit the unauthorized use of city owned vehicles, equipment, materials or property. 3.4 No city official or their immediate family members shall accept or solicit any gift, favor, service or thing of value from any person or entity that is seeking a decision or the exercise of discretionary authority from such official or from the city council, commission or agency of which such official is a member. This prohibition shall not apply to: (a) a non-pecuniary gift, the value of which is $25.00 or less; or (b) an award publicly presented in recognition of public service; or (c) gifts from family members. 3.5 No city official shall perform or aocept private employment when such employmont is inoompatibledisclose any confidential information qained by reason of their position with the official's perform:mce of duties forcity concerninq the Gityproperty, operations, poliCies or affairs of the city, or use such confidential information to advance any personal interest financial or otherwise, thisJ2araqraph shall not preclude disclosure of such confidential information in connection with any investiqation or proceedinq reqardlnq whether there has been a violation of the standards of conduct set forth in this code. Incompatibility36 No city official shall be determined by reference tohold himself/herself out as representlnq the Texas oonstitution and la....~ on dual office holding and inoompatibility of office9!YJ!l any capacity other than that for which he/she was appointed or elected. ~3, 7 No city official shall discloseg.c.ant any oonfidential information gained by reason of their position '/lith the city concerning the property, operations, policies or affairs of the city, or use such confidential information to advance any personal interest, financial or otherwise, this paragraph shall not preclude disclosure of suoh oonfidential information in connection 'Nith any investigation or proceeding regarding whether there has been a violation of the standards of conduct set forth in this codespecial consideration, treatment or advantage to (3ny citizen beyond that which IS available to every other citizen. 3;1-3,8 No city official shall RetGuse his or her position or city out as representing thefacilities, personnel, equipment or supplies to secure special privileqes or exemptions for himself/herself in any capacity other than that for ~Nhich he/she was appointed or electedor others or for the private qain of the city official. M3.9 No city official or their immediate grant any special consideration, treatment or advantage tOfamily members shall acquire an citizen beyond that which is available to everyinterest In any citizencontract, transaction, zoninq decision, or other matter or property at a time when such official knew or had reason to believe that the interest would be effected by an official act or action of the 9!Y. ~3.1 0 No city official shall use hisask or her positiondirect another - - official to take action or city facilities, personnel, equipment or supplies to secure special privileges or exemptions for himself/herself or others or for the private gain of the city officialfail to take action that violates this code. 3.10 No city official or their immediate family members3.11 City officials shall acquire an interest in any contract, transaction, zoning decision, or other matter or property at a time when such official kne....' or had reasonnot use their position to belie'lesolicit or accept emplovment for themselves or their immediate family members with a person or business entity that is seekl1l9 a decision on the exercise of discretionary authority from such official. or Jhe interest would be effected by an official actboard, commission or actionaqencv of the citywhich such official is a member. 3.11 No city official3.12 City officials shall ask or direct another official to take actiondisclose any interest In an entity or to fail t<> take action that violatesin real property in accordance with this code. state law or other City code or charter QI9VISIOIlS.- ~3, 13 City officials shall not use their position to solicitdisclose any Interest in an effected entity or acoept employment for themsel\'esin effected real property held by them or their immediate family members with a person or business entity that is seeking a decision on the exercise of discretionary authority from such official,if the official partiCipates in discussion with or qives an official opinion or tAerecommendation to the city councilor any city board, commission or agency oh&Jhichconcerninq the effected entity or effected real property 3,14 It shall not be a violation of thi~ code for a city official or their immediate family members to contract with the city if the contract IS awarded throuqh a process of public notice and competitive biddinq, if such official is a membernotice and competitive biddinq are required by state law; and the contract is with a division or aqency over which the official has no functions requirinq the exercise of discretion. 3.13 City officials shall disclose any interest in an entity or in real property in accordance with this code and state la\\'. 3.14 City offioials shall disclose any interest in an effected entity or in effected real property held by them or their immediate family members if the offioial partioipates in discussion with or gives an official opinion or reoommendation to the oity councilor any city board, commission or agency concerning the effected entity or effected real property. 3.15 It shall not be a violation of this code for a city offioial or their immediate family members to contract with the oity if the contract is a~Narded through a process of public notice and competitive bidding, if such notice and competiti':e bidding are required by state law; ond the contract is with a division or agency over which the officiol has no functions requiring the exercise of discretion. Disclosures 4. Any city official, who becomes aware that a decision or exercise of discretionary authority by the person would constitute a violation of the ethical standards of conduct adopted in this code or by whom this code requires disclosure, shall promptly file with the City Secretary a written statement of the conflict or make the disclosure by completing the form established by the City Manager from time to time for reporting such conflicts or disclosures. Establishment of Ethics Commission 5.1 The Colleyville Ethics Commission is hereby established. The Commission shall consist of six (6) members. 5.2 Members to the Colleyville Ethics Commission shall be appointed by nomination and confirmation. Each member ofthe City Council, including the Mayor, shall nominate an individual as a member of the Colleyville Ethics Commission. After nomination each member must be confirmed by the City Council. 5.3 The term of office of the members of the Ethics Commission shall run concurrently with the elective term of office of the member of the City Council which nominated them. All members of the Ethics Commission shall be residents of the City of Colleyville. 5.4 Any member of the Ethics Commission may be removed with or without cause by majority vote of the City Council. Upon removal the replacement of the removed member shall be based upon !l1~nomination by the council memberplace which originally nominated the removed member and by confirmation by the City Council. 5.5 The Colleyville Ethics Commission will meet annually to review the City Ethics Policy. The City Manager shall call additional meetings of the Ethics Commission as required. 5.6 Four members ofthe Colleyville Ethics Commission shall constitute a quorum. Legal Opinions 6.1 Any individual whose conduct is governed by this code shall have the right to request from the City Attorney a legal opinion as to the application or effect oftAethis code upon aRany actual situation involving the requestor; provided said opinion must be requested prior to the filinq of any complaint arisinq out of the situation. Speculative or advisory opinions shall not be requested. A request for a legal opinion shall be filed with the City Secretary. 6.2 Upon filing of a request for a legal opinion with the City Secretary the matter shall be referred to the City Attorney. The City Attorney shall render a legal opinion within 15 working days of the date of the request. In preparing the legal opinion, the requestor shall respond to request for information from the City Attorney's office concerning the matter. In the event the requestor fails to respond the City Attorney may refrain from issuing a legal opinion. 6.3 A legal opinion shall be binding upon the individual requesting same until amended or revoked. In the event a complaint is filed concerning the matter in which the legal opinion was rendered, the opinion shall be binding upon the City except to the extent the opinion was issued in bad faith or based upon material misrepresentations or omissions by the requestor. Filing and Disposition of Complaints 7.1 A person may file a complaint with the City Secretary alleging a violation of this code by any city official. A complaint must state (1) the specific section(s) of the code alleged to have been violated; (2) the specific act(s) which violated the section(s); and (3) that the complaining party has personal knowledge ofthe acts. In addition, the complaint must be given under oath. The complaint shall be made on such a form as the City Manager may from time to time designate. A complaint must be filed within one year ofthe date of the occurrence of the incident, or within 90 days of the discovery of the incident, whichever is sooner. 7.2 Upon filing of a complaint in the form required by the code, the City Secretary shall forward a copy of the complaint to the person who is alleged to have violated the code and the City Manager within three (3) working days. 7.3 Upon receipt of a complaint, the City Manager shall convene a meeting of the Ethics Commission as promptly as possible. At the initial meeting, the Commission may summarily dismiss the complaint if it determines that the complaint is defective, untimely or the allegations in the complaint fail to state a violation of the code. If the Commission determines that the complaint is in proper form, timely and adequately alleges a violation of the code, then the Commission shall set a time for the complaint to be heard. The complaint shall be heard within 45 days of the date the complaint is filed. The Commission may continue a hearing date if necessary to promote justice. 7.4 At the hearing, the Commission shall receive evidence from the complainant and the respondent. The Commission may request information from the City Manager or the City staff. 7.5 After the hearing the Ethics Commission shall file a written finding as to whether or not the code has been violated and shall recommend a sanction or penalty in the event a violation is found, as follows: (a) If the violator is the City Manager or an appointee of the Council, the recommendation shall be directed to the City Council, and the City Council shall have authority to determine the propriety and extent of the sanction or penalty. (b) In the event the violator is an elected city official, the matter shall be placed on the agenda for the next regularly scheduled City Council meeting, and the City Council shall either accept. reject or modify the recommended sanction or penalty. Range of Sanctions and Penalties 8. Upon the finding of a violation of the code, the following sanctions and penalties shall be recommended: (a) When the violation is clearly minor and unintentional a letter of notification shall be issued describing the violation and informing the party of appropriate actions to be taken to avoid future violations. (b) When a violation is minor and mayor may not have been intentional, and the violation calls for a more substantial response than a letter of notification, then a letter of admonition shall be issued. (c) When the Ethics Commission finds a violation has been committed either intentionally or through disregard of the code or a legal opinion issued by the City Attorney a letter of reprimand shall be issued. (d) Ifthe Ethics Commission finds that a serious or repeated violation ofthe code has been committed by the City Manager or an appointee of the Council, either intentionally or through reckless disregard of the code, a recommendation of removal or suspension shall be made. Recommendations of suspension shall include a suggested length of suspension. ( e) If the Ethics Commission finds a serious or repeated violation of the code has been committed by an elected official, either intentionally or through reckless disregard of the code, a recommendation to call for the resignation of the elected official shall be made." AND IT IS SO ORDERED The first reading and public hearing being conducted on the d3Y of _' 2002Sec. 2: THAT upon the adoption of this Ordinance. Resolution Number R-01-1789 is repealed. AND IT IS SO ORDERED The first readinq and public hearing belnq 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 T. Foster City Attorney PRE-COUNCIL CifY Of CC~il'" AGENDA BRIEFING T L~ X;l ~ MEETING DATE: 1 0/15/02 CITY MANAGER d?r- ITEM#: PC-2 DEPARTMENT HEAD {Jb FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the Riverwalk Drive extension This item provides the opportunity for the City Council to discuss the Riverwalk Drive extension. PRE-COUNCIL Ci[y Of CCence AGENDA BRIEFING Il'X":; MEETING DATE: 1 0/15/02 CITY MANAGER ~ ITEM#: PC-3 DEPARTMENT HEAD f!P , FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of October 15, 2002, City Council regular agenda items This item provides the opportunity for the City Council to discuss the October 15, 2002, City Council regular agenda items. CITY COUNCIL Ci{~. Of CCen", AGENDA BRIEFING IL~.-.:~$ MEETING DATE: . 1 0/15/02 CITY MANAGER i ~ ITEM #: 1 DEPARTMENT HEAD W RESOLUTION #: N/A FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551 .071 - Sec. 551 .072 - Sec. 551.074 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal- Potential Litigation - Westcliff Development Property Acquisition - Fire Station Personnel - City Manager Performance Evaluation Sec. 551.071 - CITY COUNCIL City or CC~0 AGENDA BRIEFING I('X;:\::; MEETING DATE: 1 0/15/02 CITY MANAGER ~ ITEM # : 2 DEPARTMENT HEAD f!P RESOLUTION #: i N/A FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENT ATIONS PROCLAMATION - In recognition of "Red Ribbon Week" at Colleyville Heritage High School - John Nasr, President of Students Against Destructive Decisions (SAD D) PROCLAMATION - In recognition of Chamber of Commerce week, October 21-25, 2002 - Ret Stansberger, President, Colleyville Area Chamber of Commerce PRESENTATION - IESI Corporation - Donation to Colleyville Public Library ANNOUNCEMENT - First Council meeting in November will be Wednesday, November 6,2002 roclamation CITY OF Colleyville, Texas WHEREAS: the week of October 20 - 26, 2002, has been designated as Red Ribbon Week in Texas and the City of Colleyville; and WHEREAS, Texas and the City of Colleyville value the health and safety of all our citizens; and WHEREAS, substance abuse is particularly damaging to one of our most valuable resources, our children, and a contributing factor in the three leading causes of death for teenagers - accidents, homicides and suicides; and WHEREAS, it is the goal of the Texas Red Ribbon Campaign and the City of Colleyville to involve families, schools, businesses, churches, law enforcement agencies and service organizations in all aspects of this campaign and establish an atmosphere that supports awareness, education and on-going initiatives to prevent illegal drug use; and WHEREAS;,ttur-Texas Red Ribbon Campaign theme promotes family and individual responsibility forJivinghealthy. drug-free lifestyles, without illegal drugs or the illegal use of legal drugs; and WHEREAS; there are many activities planned during the Red Ribbon Campaign in the Ci~y of Colleyville. .'.~'.w-_....,_'~. NOW, THEREFORE, I, DONNAARP, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and the citizens of Colleyville, do hereby proclaim the week of October 20 - 26, 2002. as RED RIBBON WEEK in Texas and the City of Colleyville and encourage our citizens to join in the week's activities and to work all year long to protect our community from the dangers of alcohol and other drugs. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 15th day of October 2002. ............... roclamation CITY OF Colleyville, Texas WHEREAS: the Colleyville Area Chamber of Commerce has distinguished itself as the voice of business; and WHEREAS, the work done by the Colleyville Area Chamber of Commerce has benefited the City of Colleyville through economic and community development programs; and WHEREAS, the Colleyville Area Chamber of Commerce has unceasingly promoted the community for quality growth and development; and WHEREAS, the business community, represented by the Colleyville Area Chamber of Commerce, has been a driving force in fostering enhanced educational opportunities, infrastructure improvements, leadership development, the creation of jobs, and a positive vision of the future; and WHEREAS, the"ColleYville Area Chamber-of Commerce has sought to achieve successful resuitsfor the city of Colleyville III a cooperative spirit with other organizations. ._~,.."., m"""- r'; ',~ \:,' if-' -_ NOW, THEREFORE,.; DONNAARP, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS. 'OM 'behalf of the Colleyville City Council and citizens of colleyville, do hereby proclaim October 21 - 25,2002, as CHAMBER OF COMMERCE WEEK and encourage support and involvement in the Colleyville Area Chamber of Commerce. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 15th day of October 2002. -;:,J RESOLUTION R-02-2042 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF OCTOBER 15, 2002 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. THAT the minutes of the regular City Council meeting of October 1, 2002, are hereby approved. b. THAT the minutes of the Colleyville City Council Worksession of September 26, 2002, are hereby approved. c. THAT the amendment of Exhibit "A" of Resolution R-02-1994 approving AT&T basic cable rates, is hereby approved. d. THAT the FY2003 Agency Agreements including Tarrant Youth Recovery Campus., Colleyville Heritage High School (CHHS) Project Graduation, Grapevine High School (GHS) Project Graduation, Keller High School (KHS) Project Graduation, Alliance for Children, Colleyville Area Chamber of Commerce, Metroport Meals on Wheels (MMOW), Arts Council of Northeast Tarrant County, Women's Haven, Grapevine Relief and Community Exchange (GRACE), Women's Shelter and Colleyville Proud, are hereby approved. e. THAT the disposal of surplus vehicles and equipment, is hereby approved. f. THAT the Shadowood Trail Condominium Easement Agreement, is hereby approved. AND IT IS SO RESOLVED. APPROVED THIS AYES, ATTEST: Cynthia Singleton, TRMC City Secretary DAY OF NAYS,AND Resolution R-Q2-2042 Page 2 of 2 2002, BY A VOTE OF ABSTENTIONS. CITY OF COLLEYVILLE: Donna Arp Mayor CITY COUNCIL eie)" Qf cceU0 AGENDA BRIEFING Tl.~~~:;' MEETING DATE: ITEM # : RESOLUTION # : 10/15/02 3f R-02-2042 CITY MANAGER , DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of the Shadowood Trail Condominium Easement Agreement, Case G-02-005 - by Consent Reading and Public Hearing On May 7, 2002, the City Council approved Resolution R-02-1954 authorizing staff to proceed to work with the Shadowood Condominium Association to prepare necessary documents to dedicate certain private streets in this development for public use. David Moak Surveyors completed an on-site survey of the streets and prepared a metes and bounds description of the street rights-of-way proposed for dedication. Attachment 1 is a copy of the easement agreement. Included in the agenda packet is a map showing the location of the streets being conveyed for public use. Recommendation Approval Attachments · Resolution R-02-1954 · Shadowood Trail Condominium Easement Agreement · Map included in agenda packet RESOLUTION R-02-1954 A RESOLUTION AUTHORIZING STAFF TO PROCEED WITH THE PREPARATION OF DOCUMENTS NECESSARY TO ACCEPT THE DEDICATION OF CERTAIN STREETS IN THE SHADOWOOD SUBDIVISION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT staff is hereby authorized to proceed with the preparation of documents necessary to accept certain streets as identified on the attached Exhibit "A", subject to the following conditions: a. The costs of surveying and preparing a metes and bounds description of the streets shall be the responsibility of the Shadowood Association. b. Written evidence indicating the approval by the Directors of the Association to dedicate the streets for public use. c. Submittal of a letter for the attorney of the Association providing an opinion that the dedication is in accordance with the Association procedures. NAYS AND 2002. o ABSTENTIONS ON CITY OF COLLEYVILLE: ~~ Mayor ATTACHMENT 1 EASEMENT AGREEMENT STATE OF TEXAS ~ COUNTY OF TARRANT ~ Grant of Easement 1. THAT the Shadowood Trail Condominium Association, hereinafter called "Grantor," for $10.00 and other good and valuable consideration paid by the City of Colleyville, hereinafter called "Grantee," the receipt and sufficiency of which is hereby acknowledged, does hereby grant, sell and convey unto the Grantee an easement and right-of-way upon and across the property described in Exhibit "A" and attached hereto. Character of Easement 2. The easement granted herein is an easement in gross. Purpose of Easement 3. The right-of-way, easement, rights and privileges herein granted shall be used for the purpose of placing, constructing, operating, repairing, maintaining, rebuilding, replacing, relocating, and removing public streets, roadways and utilities. Duration of Easement 4. The easement, rights, and privileges herein granted shall be perpetual. Grantor hereby binds itself, its heirs and legal representatives, to warrant and forever defend the above described easement and rights unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim same or any part thereof. Exclusiveness of Easement 5. The easement, rights and privileges granted herein are exclusive, and Grantor covenants that it will not convey any other easement or conflicting rights within the area covered by this grant. Secondary Easement 6. In addition to the easement, rights, and privileges herein conveyed, the Grantee shall have the right to use so much of the surface of the Grantor's property adjacent to the hereinbefore described property of Grantor as may be reasonably necessary to construct, install, repair, rebuild, relocate, and remove any public street, roadway or utilities. Upon the completion of such construction and installation, Grantee shall replace and restore the adjacent property to the condition it was in prior to the construction. Encroachments 7. Grantee shall have the right to remove any encroachments upon the easement, including, without limitation, the right to cut and trim trees or shrubbery. Entire Agreement 8. This agreement contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. Assignability 9. This easement shall be assignable by the Grantee and any assignment shall not effect the validity of the easement. IN WITNESS WHEREOF, this instrument is executed this the ,2002. day of GRANTOR Shadowood Trail Condominium Association By: GRANTEE City of Colleyville By: Donna Arp, Mayor STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of October, 2002, by I the of Shadowood Trail Condominium Association. Notary Public, State of Texas Notary's Name (printed): Notary's commission expires: STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of October, 2002, by Donna Arp, Mayor of the City of Colleyville. Notary Public, State of Texas Notary's Name (printed): Notary's commission expires: Exhibit A DESCRIPTION All that certain tract or parcel of land situated in the B.B.B. & C.R.R. Co. SURVEY, ABSTRACT NO. 206, Tarrant County, Texas and containing a portion of Tract 1, Village Oaks Addition, an Addition to the City of Colleyville, Tarrant County, Texas as recorded In Volume 388-174, Page 79, Plat Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch capped steel rod stamped "T. VOGT 1928" found for the southeast corner of lot 2, Block 2, Crossing at Colleyville, an Addition to the City of Colleyville, Tarrant County, Texas as recorded in Cabinet A, Slide 400 of said Plat Records, said point being in the easterly right-of-way line of Shadowood Trail; THENCE North 00 degrees 02 minutes 17 seconds East with said easterly right-of-way line, 72.19 feet; THENCE North 89 degrees 30 minutes 00 seconds West, 9.50 feet to the POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE South 00 degrees 02 minutes 17 seconds West parallel with the easterly boundary line of said Tract 2 and with said easterly right-of-way line, 237.28 feet; THENCE North 89 degrees 30 minutes 00 seconds West parallel with the southerly boundary line of same, 100.25 feet; THENCE South 00 degrees 06 minutes 00 seconds East, 154.75 feet to the northerly right-of-way line of Glade Road (a variable width public right-of-way); THENCE North 89 degrees 48 minutes 00 seconds West with said northerly right-of-way line, 50.00 feet; THENCE North 00 degrees 06 minutes 00 seconds West, 155.01 feet; THENCE north 89 degrees 30 minutes 00 seconds West, 342.80 feet; THENCE North 00 degrees 00 minutes 37 seconds West, 711.09 to the southerly right-of-way line of Cottage Oak Lane (a 50 foot public right-of-way); THENCE South 89 degrees 35 minutes 25 seconds East with said southerly right-of-way line, 40.00 feet; THENCE South 00 degrees 00 minutes 37 seconds East, 671.15 feet; THENCE South 89 degrees 30 minutes 00 seconds East, 422.59 feet; THENCE North 00 degrees 02 minutes 17 seconds East parallel with said easterly boundary line, 197.28 feet to the southerly boundary line of said Crossing at Colleyville; THENCE South 89 degrees 30 minutes 00 seconds East with said southerly boundary line, 30.50 feet to the PLACE OF BEGINNING and containing 1.3849 acres of land, more or less as surveyed by David C. Moak Surveyors, Inc. in the month of September, 2002. MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING OCTOBER 1, 2002 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Arp on October 1, 2002, at 5:20 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, Deputy City Manager Dianne McWethy, Community Development Director Barry LeBaron, Engineer Chris Steubing, Financial Analyst Collin Boothe, Records Manager Matt Denton, Parks and Recreation Manager Monica Walsh, Marketing Specialist Dixie Cawthorne, and City Secretary Cynthia Singleton were also present. Councilman Richard Newton arrived at 6:25 p.m. Councilman Rich Hendler was absent. PC-1. Discussion of the property acquisition for the Fire Station There was no discussion regarding this item. PC-2. Discussion of October 1, 2002, City Council regular agenda items There was general discussion regarding the regular agenda items. Mayor Arp declared the meeting adjourned at 6:27 p.m. CITY COUNCIL MINUTES OCTOBER 1,2002 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on September 17, 2003, at 6:47 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Richard Newton, and Mayor Pro Tem Tigue were present. Mayor Donna Arp, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Community Development Director Barry LeBaron, Engineer Chris Steubing, Fire Chief Mike Johnston, Fire Marshall Jeff Jones, Parks and Recreation Manager Monica Walsh, Financial Analyst Collin Boothe, Marketing Specialist Dixie Cawthorne, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. Councilman Rich Hendler was absent. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551 .071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal- Litigation - Phil Guiles Legal - Potential Litigation - Westcliff Development Property Acquisition - Fire Station Property - Proposed Sale of Land - 5209 Colleyville Boulevard Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Mayor Arp explained that the Executive Session had been called in accordance Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal, Section 551.072 - Property Acquisition, and Section 551.074 - Personnel. She further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:59 p.m. and reconvened at 7:38p.m. The invocation was given by Reverend Carter Foster of Colleyville Christian Fellowship, after which Ross Foster led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Arp presented a plaque to Ms. Jo Ann Gasper in recognition of her service on the Planning and Zoning Commission. 2 CITY COUNCIL MINUTES OCTOBER 1,2002 Mayor Arp also recognized Mr. Mark Hollis, who could not attend the meeting, for his service on the Planning and Zoning Commission. Mayor Arp recognized Mr. Jeff Byerly and Mr. Walt Shepard, who could not attend the meeting, for their service on the Zoning Board of Adjustment. Mayor Arp presented a Proclamation to Fire Marshal Jeff Jones and Chief Mike Johnston in recognition of October as Fire Prevention Month. Fire Marshal Jeff Jones and Fire Chief Mike Johnston spoke regarding fire prevention. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-2033 - Consent Items: a. Approval of minutes of the regular City Council meeting of September 17, 2002 b. Approval of the Colleyville Public Library mission statement and goals c. Approval of a donation of a caboose from Burlington Northern and Santa Fe Railway Company d. Approval to use Voluntary Park Funds, not to exceed $5000, for a fence surrounding the caboose to be located at Bransford Park e. Acceptance of the Game Field Use Committee report Mayor Arp opened the public hearing and read Resolution R-02-2033 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue expressed appreciation to the Library Board for developing the mission statement and goals for the Colleyville Library and to Ms. Daria Dennison and Burlington Northern and Santa Fe Railway Company for the donation of a caboose. Councilman Newton requested that staff provide the data used to determine the percentage of resident and non-resident participants for each youth organization; what percent of the budget is used to maintain the game fields for non-resident use; what percentage of the ten dollar non-resident use fee covers the cost of maintenance, and during the times the game fields are available, the percentage of time the fields are utilized. Mayor Pro Tem Tigue moved to approve Resolution R-02-2033. 3 CITY COUNCIL MINUTES OCTOBER 1,2002 Councilman Joe Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1365 - Approval of the Zoning change from R40 to R20 Single Family Residential on 2.11 acres located at 1701-1713 Glade Road, Case Z-02-022 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1365. Mr. George E. Hall, 1865 Renfro, spoke in opposition to the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to deny Ordinance 0-02-1365. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1366 - Approval of the Zoning Change from R40 to PUD-R Planned Unit Development Residential and PUD-C Planned Unit Development Commercial on 36.264 acres located at the northeast corner of Precinct Line Road and L.D. Lockett Road, Case Z-02-023 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1366. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Larry Cole, 6420 Remington Parkway, applicant, spoke regarding lot depth and was present to answer questions of the Council. 4 CITY COUNCIL MINUTES OCTOBER 1, 2002 Discussion ensued regarding potential commercial development, master plan of the area, potential home values, lot size and architectural standards. Councilman moved to table Ordinance 0-02-1366. Councilman Hocutt moved to suspend the rules to allow citizens to speak. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mr. Hee Kang, 7990 Precinct Line Road, spoke in opposition to the proposed ordinance. Councilman Hocutt moved to table Ordinance 0-02-1366. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1367 - Approval of the amendments to water, sewer and roadway Impact Fees, Case G- 02-025 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1367. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding water collection rates. Mayor Pro T em Tigue moved to approve Ordinance 0-02-1367. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 5 CITY COUNCIL MINUTES OCTOBER 1, 2002 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1368 - Adopting the Colleyville Economic Development Corporation Fiscal Year 2003 Budget Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1368. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt expressed appreciation to staff for the development of the budget. Councilman Hocutt moved to approve Ordinance 0-02-1368. Councilman Rice seconded the motion. Discussion ensued regarding the fund balance, coverage ratio, revenues and expenditures. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1369 - Approval of the Special Use Permit for an accessory building on Lot 5A Sand Oak Acres located at 4508 Jim Mitchell Trail West, Case Z-02-024 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1369. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. John Janovetz, 4508 Jim Mitchell Trail West, applicant, was present to answer questions of the Council. 9. READING AND PUBLIC HEARING - Resolution R-02-2034 - Approval of the Preliminary Plat of Old Grove, 45.460 acres located north of McPherson Park, west of the Westmont subdivision, Case P-02-030 Mayor Arp opened the public hearing and read Resolution R-02-2034 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 6 CITY COUNCIL MINUTES OCTOBER 1, 2002 Mayor Arp read a letter from Carl and Sandy Allen, 200 Compton Court, in favor of the proposed Resolution but opposed to a public trail running from the McPherson Park to the original West Cliff II plan. Mr. Eddie Eckart, 6001 Bridge Street, Suite 100, Fort Worth, Texas, representing applicant David Bagwell, was present to answer questions of the Council. Discussion ensued regarding public and private open space, the public trail and the connectivity of trail. Councilman Newton moved to approve Resolution R-02-2034. Mayor Pro Tem Tigue seconded the motion. Discussion continued regarding school district boundaries and lot size. Mayor Pro Tem Tigue called the question. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-02-2035 - Approving the McPherson Park Master Plan Mayor Arp opened the public hearing and read Resolution R-02-2035 in its entirety. Mr. Jim Moore, 1416 Glade Road, spoke in favor of the proposed resolution. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice expressed appreciation to the McPherson Park Master Plan Committee members and spoke regarding the amenities of the proposed park. Councilman Rice moved to approve Resolution R-02-2036. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: None 7 CITY COUNCIL MINUTES OCTOBER 1,2002 Mayor Arp declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-02-2036- Adopting an Update of the Colleyville Comprehensive Parks, Recreation and Open Space Master Plan Mayor Arp opened the public hearing and read Resolution R-02-2036 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Philip Neeley and Ms. Julie McCall of Carter and Burgess, was present to answer questions of Council and spoke regarding public and private parkland and community and neighborhood park needs. Discussion ensued regarding the joint use of facilities with school districts. Councilman Newton requested that the Council meet with Grapevine-Colleyville Independent School Board members to discuss partnering opportunities. Councilman Hocutt moved to approve Resolution R-02-2036. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution - R-02-2037- Approval of a construction contract with Linder Construction, Inc., for the Jewell Creek drainage improvements, in the amount of $215,305.20 Mayor Arp opened the public hearing and read Resolution R-02-2037 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding location of the drainage improvements. Councilman Newton moved to approve Resolution R-02-2037. Mayor Pro Tem Tigue seconded the motion. 8 CITY COUNCIL MINUTES OCTOBER 1, 2002 Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-02-2038- Approval of a contract with JC Rules Computing Company, Inc., for computer network support services and computer repair services Mayor Arp opened the public hearing and read Resolution R-02-2038 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the structure of the contract. Councilman Hocutt moved to approve Resolution R-02-2038. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-02-2039 - Authorization to execute an Electric Supply Agreement pursuant to the contract to be signed by Cities Aggregation Power Project, Inc., for deliveries of electricity, effective January 1, 2003 Mayor Arp opened the public hearing and read Resolution R-02-2039 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Staff provided an overview of the Cities Aggregation Power Project, Inc. (CAPP) and the process for obtaining a favorable commodity price for the delivery of electricity. Councilman Newton moved to approve Resolution R-02-2039. Mayor Pro Tem Tigue seconded the motion. 9 CITY COUNCIL MINUTES OCTOBER 1, 2002 Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. TABLED ITEMS: 15. CONSIDERATION OF RESOLUTION R-02-1968 - Approval of the City/Developer Agreement with Broughton limited Partnership for the Broughton Addition Councilman Newton moved to remove this item from the table. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mayor Pro Tem Tigue moved to approve Resolution R-02-1968. Councilman Newton seconded the motion. Discussion ensued regarding the fees as required by ordinance. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 16. CONSIDERATION OF RESOLUTION R-02-2040 - Approval of the Amended Plat of Lots 29R and 66R, Village at Colleyville, 0.431 acres located at 97 Main Street, Case P-02-031 Mayor Pro Tem Tigue moved to remove this item from the table. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10 CITY COUNCIL MINUTES OCTOBER 1, 2002 Mr. Newton Carpenter, 52 Whit Road, Barrington, Illinois, applicant, was present to answer questions of the Council. Mr. Richard Myers, 300 Lloyd Circle, developer, spoke regarding open space, underground parking property values and was present to answer questions of the Council. Councilman Rice moved to approve Resolution R-02-2040 conditioned upon the replat of the east side Lot 29R to provide an additional 702 square feet for public use. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding utility easements, parking spaces and ad valorem taxes. Ayes: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue Nays: Councilman Newton Mayor Arp declared the motion carried. REPORTS: 17. PLANNING AND ZONING COMMISSION MINUTES - September 9,2002 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION MINUTES - September 11, 2002 There was no action taken on this item. CITIZEN COMMENTS: 18. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 1, 2002 - Reading and Public Hearing - Resolution R-02-2041 This Resolution was not needed. 11 CITY COUNCIL MINUTES OCTOBER 1, 2002 ADJOURNMENT: 20. ADJOURNMENT There being no further business before the City Council, Councilman Newton moved to adjourn. Councilman Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Newton, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 10:05 p.m. APPROVED THIS DAY OF 2002, BY A VOTE OF AYES, NAYS AND ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 12 MINUTES OF THE CITY COUNCIL WORKSESSION SEPTEMBER 26, 2002 The worksession of the Colleyville City Council was called to order by Mayor Donna Arp on September 26, 2002, at 7:10p.m. ROLL CALL: Councilpersons Brad Rice, Richard Newton, Rich Hendler and Mayor Pro Tem Tigue were present. Mayor Donna Arp, City Manager Bill lindley, Deputy City Manager Dianne McWethy, Community Development Director Barry LeBaron and Planner Tom Niederauer were also present. Councilman Joe Hocutt was absent. II. Discussion of Proposed Amendments to Sign Regulations City Manager Lindley provided an overview of the purpose of the meeting, which is as follows: a. Review proposed modifications b. Receive input from the City Council related to proposed modifications c. Determine process to proceed Community Development Director LeBaron distributed handouts and provided a presentation related to the proposed sign regulation revisions. The City Council identified proposed modifications that they would like to see removed and/or modified, as presented. The City Council also discussed the timeline for implementation and process to receive community business input related to proposed revisions of the Sign Ordinance. Staff stated that a plan of action related to business input and a plan for providing an update will be presented at the November 6, 2002, Pre Council meeting. Mayor Arp expressed appreciation to the City Manager and staff for the presentation. Mayor Arp also expressed appreciation to the guests for attending the meeting. III. Adjournment Mayor Arp adjourned the meeting at 9: 15 p.m. CITY COUNCIL WORKSESSION SEPTEMBER 26, 2002 2002, BY A VOTE ABSTENTIONS. DAY OF NAYS AND APPROVED THIS OF AYES, Minutes taken and prepared by: Dianne McWethy Deputy City Manager 2 Cd)" Of cce", CITYCOUNCIL AGENDA BRIEFING T(.....~$ MEETING DATE: 1 0/15/02 CITY MANAGER ~ ITEM # : 3c DEPARTMENT HEAD ~ RESOLUTION # : R-02-2042 FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT : Approval of amending Exhibit "A" of Resolution R- 02-1994 approving AT&T basic cable rates - by Consent Reading and Public Hearing On July 17, 2002, the City Council approved the operator selected rates proposed by AT&T for installation and equipment rates as being reasonable with noted exceptions. Additionally, the Council accepted the "Customer Trouble Call rate of $16.99", contingent upon the following conditions: . First, subscribers must not be billed for trouble calls due to problems not resulting from the subscriber action. . Second, AT&T customer service representatives must inform subscribers of that potential charge and the types of issues that could give rise to the charge before a technician is sent. . Third, in circumstances where the problems are not completely corrected during the first visit, the subscriber will not be charged for a repeat call to correct the initial problem. On the basis that Resolution R-02-1994, Exhibit "A" did not reflect the accurate Operator Selected Rates (OSR) to be used in the development of installation rates for the 2002 filing period of June 1, 2002 through May 31, 2003, staff has prepared an amended Exhibit "A" . Financial Impact None Recommendation Approval Attachments · Resolution R-02-1994 · Amended Exhibit "A" RESOLUTION R-02-1994 A RESOLUTION APPROVING AT&T BASIC CABLE RATES WHEREAS, the City of Colleyville is certified to regulate basic cable rates for the citizens of Colleyville under the provisions of the Federal Communications Commission (FCC) Cable Act; and WHEREAS, AT&T has filed their FCC forms 1240 and 1205 supporting new cable rates; and WHEREAS, the City of Colleyville has hired C2 Consulting Services, Inc., to review the rate filings for compliance with federal regulations; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT it has been determined that the maximum permitted basic service rate of $14.88 (inclusive of FCC User Fee) should be adopted. Sec. 2. THAT the operator selected basic service rate of $13.94 shall be deemed reasonable for the 2001 rate-filing period of June 1, 2002 through May 31, 2003. Sec. 3. THAT the proposed rates of AT&T for equipment lease for the 2002 filing period of June 1, 2002 through May 31, 2003 shall be as follows: Basic only Converter $2.00 Non-basic only Converter $4.80 Remote $0.30 Sec. 4. THAT the Hourly Service Charge (HSC) to be used in the development of the installation and equipment rates will be $28.49 for the filing period of June 1, 2002 through May 31, 2003. Sec. 5. THAT the proposed Operator Selected Rates (OSR) to be used in the development of installation rates for the 2002 filing period of June 1, 2002 through May 31, 2003, are hereby attached as Exhibit "A". Resolution R-02-1994 Page 2 of 2 Sec. 6. THAT the City of Colleyville does not approve of AT&T's rate methodology nor waive its rights to raise any issue regarding the basic cable rate levels for past or future Rate Orders or appeals thereof. Sec. 7. THAT AT&T shall immediately undertake all necessary steps in accordance with applicable FCC regulations to determine if customer refunds are warranted. AT&T must provide the City with a refund liability analysis no later than thirty (30) days from the date of this resolution. Sec. 8. THAT If refunds are warranted, all refunds shall be remitted by AT&T to the appropriate customers within ninety (90) days from the date of this resolution. Sec. 9. THAT AT&T must meet the following conditions from the new rate noted as "Customer Trouble Call". First, subscribers must not be billed for trouble calls due to problems not resulting from the subscriber action. Second, AT&T customer service representatives must inform subscribers of that potential charge and the types of issues that could give rise to the charge before a technician is sent. Third, in circumstances where the problems are not completely corrected during the first visit, the subscriber will not be charged again for a repeat call to correct the initial problem. AND IT IS SO RESOLVED. Passed by a vote of ~ ayes, / the I~~ day of ~l~ r-:J A0:~~~ Cynthia Singleton,' T'M~ Secretary nays, and ,2002. o abstentions on C;:l- ~EYVILLE Donna Arp ~ Mayor Exhibit "A" AT&T Proposed Operator Selected Rates for Installation Service Install - Unwired Home Install - Prewired Home Install - Additional connect initial Install - Additional connect separate Move outlet Up/downgrade Downgrade non-addressable Upgrade non-addressable Changing Tiers Connect VCR initial Connect VCR separate $41 .99 $24.99 $13.49 $19.99 $18.99 $ 1.99 $ 9.99 $15.99 N/A $ 5.99 $12.99 Amended Exhibit "A" AT&T Proposed Operator Selected Rates for Installation Service Install - Unwired Home Install - Prewired Home Install - Additional connect initial Install- Additional connect separate Move outlet Up/downgrade Downgrade non-addressable Upgrade non-addressable Changing Tiers Connect VCR initial Connect VCR separate Customer Trouble Calls $43.99 $27.99 $13.99 $21 .99 $18.99 $ 1.99 $10.99 $15.99 N/A $ 5.99 $12.99 $16.99 cc@n<ll CITYCOUNCIL AGENDA BRIEFING jl~...~d. MEETING DATE: ITEM # : RESOLUTION # : 1 0/15/02 3d R-02-2042 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None N/A DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT : Approval of FY2003 Agency Agreements including Tarrant Youth Recovery Campus, Colleyville Heritage High School (CHHS) Project Graduation, Grapevine High School (GHS) Project Graduation, Keller High School (KHS) Project Graduation, Alliance for Children, Colleyville Area Chamber of Commerce, Metroport Meals on Wheels (MMOW), Arts Council of Northeast Tarrant County, Women's Haven, Grapevine Relief and Community Exchange (GRACE), Women's Shelter and Colleyville Proud - by Consent Reading and Public Hearing During each budget cycle, the City Council receives funding requests from area agencies for consideration and approval. The FY2003 budget allocates funding for the following agencies: Tarrant Youth Recovery Campus Colleyville Heritage High School (CHHS) Project Graduation Grapevine High School (GHS) Project Graduation Keller High School (KHS) Project Graduation Alliance for Children Colleyville Area Chamber of Commerce Metroport Meals on Wheels (MMOW) Arts Council on Northeast Tarrant County Women's Haven Grapevine Relief and Community Exchange (GRACE) Women's Shelter Colleyville Proud $ 1,980 $ 1 ,000 $ 1,000 $ 200 $ 3,200 $ 7,053 $10,000 $ 7,1 00 $ 500 $ 500 $ 500 $ 5,000 On September 17, 2002, the City Council approved an Interlocal Agreement establishing the Northeast Transportation Services Urban Transit District (NETSUTD). The City Managers of each participating city are in the process of reviewing open procurement options and are evaluating the current service and developing means to improve the service. Funding for the NETS Program have been allocated in the FY2003 budget in the amount of $8,700. Agenda Briefing Resolution R-02-2042 Page 2 of 2 Financial Impact Monies are allocated in the FY2003 budget. Recommendation Approval Attachments · Tarrant Youth Recovery Campus Agreement · Colleyville Heritage High School (CHHS) Project Graduation Agreement · Grapevine High School (GHS) Project Graduation Agreement · Keller High School (KHS) Project Graduation Agreement · Alliance for Children Agreement · Colleyville Area Chamber of Commerce Agreement · Metroport Meals on Wheels (MMOW) Agreement · Arts Council of Northeast Tarrant County Agrement · Women's Haven Agreement · Grapevine Relief and Community Exchange (GRACE) Agreement · Women's Shelter Agreement · Colleyville Proud Agreement CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND TARRANT YOUTH RECOVERY CAMPUS This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Tarrant Youth Recovery Campus. (hereinafter referred to as "Campus"). RECITALS: A. The City is a Charter municipality in the State of Texas. The City desires to engage Tarrant Youth Recovery Campus to provide substance abuse assistance, acting by and through its duly authorized City Manager. B. Campus is a substance abuse facility opened to serve our community's youth, which suffer from the disease of addition, acting by and through its duly authorized Program Director. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages Campus, and Campus agrees to be engaged by the City, to perform the services described below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of Campus. To provide a substance abuse facility for our community's youth, who suffer from the disease of addition. 5. Duties of the City. To provide $1,980 for above stated services for one year. 6. Amendment. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Tarrant Youth Recovery Campus By: Executive Director Tarrant Youth Recovery Campus CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND TARRANT YOUTH RECOVERY CAMPUS This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Tarrant Youth Recovery Campus. (hereinafter referred to as "Campus"). RECITALS: A. The City is a Charter municipality in the State of Texas. The City desires to engage Tarrant Youth Recovery Campus to provide substance abuse assistance, acting by and through its duly authorized City Manager. B. Campus is a substance abuse facility opened to serve our community's youth, which suffer from the disease of addition, acting by and through its duly authorized Program Director. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages Campus, and Campus agrees to be engaged by the City, to perform the services described below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of Campus. To provide a substance abuse facility for our community's youth, who suffer from the disease of addition. 5. Duties of the City. To provide $1,980 for above stated services for one year. 6. Amendment. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of City of Colleyville By: Donna Arp Mayor Tarrant Youth Recovery Campus By: Executive Director Tarrant Youth Recovery Campus ,2002. CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND COLLEYVILLE HERITAGE HIGH SCHOOL PROJECT GRADUATION CELEBRATION This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Project Graduation Celebration (hereinafter referred to as the "Project"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Project to arrange an alcohol- and drug-free social event for the graduating seniors of Colleyville Heritage High School and their guests in order to promote a safe environment for our youth and reduce the need for law enforcement actions. B. The Project has successfully sponsored this event over several years and has expressed its intent to continue its efforts. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. EnQaQement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Project, and the Project agrees to be engaged by the City, to perform the services described below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on July 1 , 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party In the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Proiect. The Project agrees to provide an alcohol and drug free social event to be held in conjunction with the Colleyville Heritage High School graduation in the spring of 2003, open to participation by Colleyville Heritage High School graduating seniors and their guests. The Project will provide the location, refreshments, chaperones and all other required arrangements. The Project will provide the City with a written report of the event expenditures, the number of youth attending and a general evaluation of its impact on creating a safe environment for the youtfl of the community. 5. Duties and ObliQations of the City. For the Project's services, the City agrees to pay a lump sum of $1,000 to the Project within thirty days of execution of this agreement. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Project Graduation Celebration By: Colleyville Heritage High School Treasurer CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND COLLEYVILLE HERITAGE HIGH SCHOOL PROJECT GRADUATION CELEBRATION This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Project Graduation Celebration (hereinafter referred to as the "Project"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Project to arrange an alcohol- and drug-free social event for the graduating seniors of Colleyville Heritage High School and their guests in order to promote a safe environment for our youth and reduce the need for law enforcement actions. B. The Project has successfully sponsored this event over several years and has expressed its intent to continue its efforts. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Project, and the Project agrees to be engaged by the City, to perform the services described below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on July 1, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party In the event that the other party fails timely to periorm its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Proiect. The Project agrees to provide an alcohol and drug free social event to be held in conjunction with the Colleyville Heritage High School graduation in the spring of 2003, open to participation by Colleyville Heritage High School graduating seniors and their guests. The Project will provide the location, refreshments, chaperones and all other required arrangements. The Project will provide the City with a written report of the event expenditures, the number of youth attending and a general evaluation of its impact on creating a safe environment for the youtfl of the community. 5. Duties and ObliQations of the City. For the Project's services, the City agrees to pay a lump sum of $1,000 to the Project within thirty days of execution of this agreement. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Project Graduation Celebration By: Colleyville Heritage High School Treasurer CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND GRAPEVINE HIGH SCHOOL PROJECT GRADUATION CELEBRATION This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Project Graduation Celebration (hereinafter referred to as the "Project"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Project to arrange an alcohol- and drug-free social event for the graduating seniors of Grapevine High School and their guests in order to promote a safe environment for our youth and reduce the need for law enforcement actions. B. The Project has successfully sponsored this event over several years and has expressed its intent to continue its efforts. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Project, and the Project agrees to be engaged by the City, to perform the services described below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on July 1 , 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party In the event that the other party fails timely to perform its obligations and duties hereunder and the other party, Within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Proiect. The Project agrees to provide an alcohol and drug free social event to be held in conjunction with the Grapevine High School graduation in the spring of 2003, open to participation by Grapevine High School graduating seniors and their guests. The Project will provide the location, refreshments, chaperones and all other required arrangements. The Project will provide the City with a written report of the event expenditures, the number of youth attending and a general evaluation of its impact on creating a safe environment for the youth of the community. 5. Duties and Obliaations of the City. For the Project's services, the City agrees to pay a lump sum of $1,000 to the Project within thirty days of execution of this agreement. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Project Graduation Celebration By: Grapevine High School Treasurer CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND GRAPEVINE HIGH SCHOOL PROJECT GRADUATION CELEBRATION This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Project Graduation Celebration (hereinafter referred to as the "Project"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Project to arrange an alcohol- and drug-free social event for the graduating seniors of Grapevine High School and their guests in order to promote a safe environment for our youtl1 and reduce the need for law enforcement actions. B. The Project has successfully sponsored this event over several years and has expressed its intent to continue its efforts. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. EnQaQement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Project, and the Project agrees to be engaged by the City, to perform the services described below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on July 1, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Proiect. The Project agrees to provide an alcohol and drug free social event to be held in conjunction with the Grapevine High School graduation in the spring of 2003, open to participation by Grapevine High School graduating seniors and their guests. The Project wilr provide the location, refreshments, chaperones and all other required arrangements. The Project will provide the City with a written report of the event expenditures, the number of youth attending and a general evaluation of its impact on creating a safe environment for the youth of the community. 5. Duties and ObliQations of the City. For the Project's services, the City agrees to pay a lump sum of $1,000 to the Project within thirty days of execution of this agreement. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Colleyville, Texas, this day of , 2002. City of Colleyville By: Donna Arp Mayor Project Graduation Celebration By: Grapevine High School Treasurer CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND KELLER HIGH SCHOOL PROJECT GRADUATION CELEBRATION This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Project Graduation Celebration (hereinafter referred to as the "Project"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Project to arrange an alcohol- and drug-free social event for the graduating seniors of Keller High School and their guests in order to promote a safe environment for our youth and reduce the need for law enforcement actions. B. The Project has successfully sponsored this event over several years and has expressed its intent to continue its efforts. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enoaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Project, and the Project agrees to be engaged by the City, to perform the services described below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on July 1, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the pro~ect. The Project agrees to provide an alcohol and drug free social event to be eld in conjunction with the Keller High School graduation In the spring of 2003, open to participation by Keller High School graduating seniors and their guests. The Project will provide the location, refreshments, chaperones and all other required arrangements. The Project will provide the City with a written report of the event expenditures, the number of youth attending and a general evaluation of its impact on creating a safe environment for the youth of the community. 5. Duties and Oblioations of the Cit~. For the Project's services, the City agrees to pay a lump sum of $200 to the roject within thirty days of execution of this agreement. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Project Graduation Celebration By: Keller Hi~h School Project Graduation CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND KELLER HIGH SCHOOL PROJECT GRADUATION CELEBRATION This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Project Graduation Celebration (hereinafter referred to as the "Project"). RECIT ALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Project to arrange an alcohol- and drug-free social event for the graduating seniors of Keller High School and their guests in order to promote a safe environment for our youth and reduce the need for law enforcement actions. B. The Project has successfully sponsored this event over several years and has expressed its intent to continue its efforts. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Project, and the Project agrees to be engaged by the City, to perform the services described below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on July 1, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to peITorm its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the pro~ect. The Project agrees to provide an alcohol and drug free social event to be eld in conjunction with the Keller High School graduation In the spring of 2003, open to participation by Keller High School graduating seniors and their guests. The Project will provide the location, refreshments, chaperones and all other required arrangements. The Project will provide the City with a written report of the event expenditures, the number of youth attending and a general evaluation of its impact on creating a safe environment for the youth of the community. 5. Duties and ObliQations of the Citp' For the Project's services, the City agrees to pay a lump sum of $200 to the roject within thirty days of execution of this agreement. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Project Graduation Celebration By: Keller Hi_gh School Project Graduation CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND ALLIANCE FOR CHILDREN This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and the Alliance For Children (hereinafter referred to as the "Alliance"). RECIT ALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Alliance to provide child-centered services in cases of abuse, acting by and through its duly authorized City Manager. B. The Alliance is a non-profit organization with the resources and experience to deliver child-centered services in cases of abuse, or suspected abuse, acting by and through its duly authorized Executive Director. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. EnQaQement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Alliance, and the Alliance agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Alliance. The Alliance will provide a self-contained, child-centered environment where abused children and their families can go for evaluation, crisis intervention, evidence gathering medical assessment and counseling. The Alliance will provide an environment in which law enforcement, district attorneys and caseworkers can investigate abuse without subjecting child victims to repeated interviews. The Alliance shall also provide emotional trauma treatment and advocacy services for child victims. 5. Duties of the City. For the Alliance's services, the City agrees to pay $3,200 to the Alliance upon the execution of this agreement by both parties. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Alliance For Children By: Nancy Hagan Executive Director CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND ALLIANCE FOR CHILDREN This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and the Alliance For Children (hereinafter referred to as the "Alliance"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Alliance to provide child-centered services in cases of abuse, acting by and through its duly authorized City Manager. B. The Alliance is a non-profit organization with the resources and experience to deliver child-centered services in cases of abuse, or suspected abuse, acting by and through its duly authorized Executive Director. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Alliance, and the Alliance agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Alliance. The Alliance will provide a self-contained, child-centered environment where abused children and their families can go for evaluation, crisis intervention, evidence gathering medical assessment and counseling. The Alliance will provide an environment in which law enforcement, district attorneys and caseworkers can investigate abuse without subjecting child victims to repeated interviews. The Alliance shall also provide emotional trauma treatment and advocacy services for child victims. 5. Duties of the City. For the Alliance's services, the City agrees to pay $3,200 to the Alliance upon the execution of this agreement by both parties. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Alliance For Children By: Nancy Hagan Executive Director CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND COLLEYVILLE AREA CHAMBER OF COMMERCE THIS CONTRACT is made and entered into by and between the CITY OF COLLEYVILLE, a municipal corporation located in Tarrant County, Texas, hereinafter termed "CITY" and the Colleyville Area Chamber of Commerce, hereinafter termed "CHAMBER". WITNESS: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, the Chamber hereby agrees to provide the following services: Annual dues Two (2) business "Expo" booths Monthly table exhibit Two (2) tickets for monthly Chamber luncheon Corporate Table at annual banquet One (1) Leadership Colleyville slot Two (2) pages in annual Chamber directory One-half page B/W ad in the newsletter, six times a year The terms of this contract shall begin on the date it is executed by both parties and shall terminate on September 30, 2003. For the Chamber's services, the City agrees to pay $7,053 to the Colleyville Area Chamber of Commerce upon the execution of this agreement of both parties. IN WITNESS HEREOF, the parties to these presents have executed this contract. ATTEST: City of Colleyville Cynthia Singleton, City Secretary Donna Arp, Mayor DATE: Colleyville Area Chamber of Commerce President CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND COLLEYVILLE AREA CHAMBER OF COMMERCE THIS CONTRACT is made and entered into by and between the CITY OF COLLEYVILLE, a municipal corporation located in Tarrant County, Texas, hereinafter termed "CITY" and the Colleyville Area Chamber of Commerce, hereinafter termed "CHAMBER". WITNESS: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, the Chamber hereby agrees to provide the following services: Annual dues Two (2) business "Expo" booths Monthly table exhibit Two (2) tickets for monthly Chamber luncheon Corporate Table at annual banquet One (1) Leadership Colleyville slot Two (2) pages in annual Chamber directory One-half page 8/W ad in the newsletter, six times a year The terms of this contract shall begin on the date it is executed by both parties and shall terminate on September 30, 2003. For the Chamber's services, the City agrees to pay $7,053 to the Colleyville Area Chamber of Commerce upon the execution of this agreement of both parties. IN WITNESS HEREOF, the parties to these presents have executed this contract. ATTEST: City of Colleyville Cynthia Singleton, City Secretary Donna Arp, Mayor DATE: Colleyville Area Chamber of Commerce President CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND METROPORT MEALS ON WHEELS This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Metroport Meals on Wheels (hereinafter referred to as the "MMOW"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage MMOW to provide delivery of hot meals and a bi-monthly community luncheon and activity program to the seniors of Colleyville and others referred by the City, acting by and through its duly authorized City Manager. B. MMOW is a non-profit organization operating in the Metroport area as an organization described in section 501 3 c) of the Internal Revenue Code, acting by and through its daily authorized Executive Director. MMOW has the resources and experience in meal delivery and social services to provide the required services. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages MMOW, and MMOW agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Alliance. MMOW agrees: a) To continue to organize the volunteers to deliver hot meals to homes of seniors Monday through Friday, and once a month on Saturday. b) To continue to order necessary meals from Luby's of Grapevine and to cover the costs of said meals. c) To continue to subsidize the meals of the seniors that cannot pay for them. Because MMOW is independent of federal and United Way funds, this is accomplished primarily through fund raising activities and community donations. d) To continue a bi-monthly Senior Community Center Luncheon and Activity Program in Colleyville, which will be held at the Colleyville Community Center. This service is provided for active seniors that want to meet at a congregate site and have bi-monthly activities. MMOW shall provide the following services: part time Program Director, meal expense for seniors, who are unable to pay for them, crafts and supplies and administrative support. e) To track program statistics of the number of people served and costs involved, and to provide a monthly report to the Colleyville Parks and Recreation Department by the 15th of each month. f) To work with the Colleyville Parks and Recreation Department to publicize and promote programs for seniors. g) To maintain a database of Colleyville Seniors for mailing labels and any other purposes associated with senior activities. h) MMOW will make available to the City all books and records kept in incident to services provided by MMOW to the City. 5. Duties of the City. For the MMOW's services, the City agrees to pay $5,000 by March 31, 2003 and $5,000 by September 30, 2003. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of ,2002. City of Colleyville Metroport Meals on Wheels By: Donna Arp Mayor By: Mary King Executive Director CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND METROPORT MEALS ON WHEELS This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Metroport Meals on Wheels (hereinafter referred to as the "MMOW"). RECIT ALS A. The City is a Charter municipality in the State of Texas. The City desires to engage MMOW to provide delivery of hot meals and a bi-monthly community luncheon and activity program to the seniors of Colleyville and others referred by the City, acting by and through its duly authorized City Manager. B. MMOW is a non-profit organization operating in the Metroport area as an organization described in section 501 3 c) of the Internal Revenue Code, acting by and through its daily authorized Executive Director. MMOW has the resources and experience in meal delivery and social services to provide the required services. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. EnQaQement. Upon and subject to the terms and conditions of this agreement, the City hereby engages MMOW, and MMOW agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Alliance. MMOW agrees: a) To continue to organize the volunteers to deliver hot meals to homes of seniors Monday through Friday, and once a month on Saturday. b) To continue to order necessary meals from Luby's of Grapevine and to cover the costs of said meals. c) To continue to subsidize the meals of the seniors that cannot pay for them. Because MMOW is independent of federal and United Way funds, this is accomplished primarily through fund raising activities and community donations. d) To continue a bi-monthly Senior Community Center Luncheon and Activity Program in Colleyville, which will be held at the Colleyville Community Center. This service is provided for active seniors that want to meet at a congregate site and have bi-monthly activities. MMOW shall provide the following services: part time Program Director, meal expense for seniors, who are unable to pay for them, crafts and supplies and administrative support. e) To track program statistics of the number of people served and costs involved, and to provide a monthly report to the Colleyville Parks and Recreation Department by the 15th of each month. f) To work with the Colleyville Parks and Recreation Department to publicize and promote programs for seniors. g) To maintain a database of Colleyville Seniors for mailing labels and any other purposes associated with senior activities. h) MMOW will make available to the City all books and records kept in incident to services provided by MMOW to the City. 5. Duties of the City. For the MMOW's services, the City agrees to pay $5,000 by March 31, 2003 and $5,000 by September 30, 2003. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of ,2002. City of Colleyville Metroport Meals on Wheels Donna Arp Mayor By: Mary King Executive Director By: CONTRACTUAL AGREEMENT CITY OF COLLEYVI LLE AND ARTS COUNCIL OF NORTHEAST TARRANT COUNTY This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Arts Council of Northeast Tarrant County (hereinafter referred to as "Arts Council"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage Arts Council, acting by and through its duly authorized City Manager, to promote, support and facilitate cultural opportunities within the communities of Northeast Tarrant County. B. Arts Council is a non-profit organization, as defined in Section 509 (a) of the Internal Revenue Code, operating in the Metroport area, acting by and through its daily authorized President. Arts Council has the resources and experience to promote, support and facilitate cultural opportunities within the communities of Northeast Tarrant County. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. EnQaQement. Upon and subject to the terms and conditions of this agreement, the City hereby engages Arts Council, and Arts Council agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 3. Duties of ARTS COUNCIL. Arts Council agrees to provide the following programs: Summer Arts College Arts Council will partner with the City and the School District to provide one week of Summer Arts College 2003 in June at a G-CISD school campus Masterworks Music Series Arts Council and the City will work with the Colleyville Parks and Recreation Department to provide eight free concerts to Colleyville citizens. The City will provide the location and promotion through newsletter and cable service. Arts Council will provide entertainment, promotion in newspapers and media, and brochures. Monthly Calendar of Events The City will provide funding assistance for the monthly calendar of events and support the promotion of events in Northeast Tarrant County, inclusive of 12,000 copies, which are produced and distributed in 180 locations, all schools, parks and recreation, libraries, city halls, businesses, etc. Calendar is also reproduced in all "Hometown Stars" the last Sunday of each month, as well as in the "News and Times". 4. Duties of the City. For Arts Council's services, the City agrees to pay $7,100 to Arts Council upon the execution of this agreement by both parties. 5. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Arts Council of Northeast Tarrant County (Arts Council) By: Robb Wasielewski President CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND ARTS COUNCIL OF NORTHEAST TARRANT COUNTY This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Arts Council of Northeast Tarrant County (hereinafter referred to as "Arts Council"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage Arts Council, acting by and through its duly authorized City Manager, to promote, support and facilitate cultural opportunities within the communities of Northeast Tarrant County. B. Arts Council is a non-profit organization, as defined in Section 509 (a) of the Internal Revenue Code, operating in the Metroport area, acting by and through its daily authorized President. Arts Council has the resources and experience to promote, support and facilitate cultural opportunities within the communities of Northeast Tarrant County. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. EnQ8aement. Upon and subject to the terms and conditions of this agreement, the City hereby engages Arts Council, and Arts Council agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 3. Duties of ARTS COUNCIL. Arts Council agrees to provide the following programs: Summer Arts College Arts Council will partner with the City and the School District to provide one week of Summer Arts College 2003 in June at a G-CISD school campus Masterworks Music Series Arts Council and the City will work with the Colleyville Parks and Recreation Department to provide eight free concerts to Colleyville citizens. The City will provide the location and promotion through newsletter and cable service. Arts Council will provide entertainment, promotion in newspapers and media, and brochures. Monthly Calendar of Events The City will provide funding assistance for the monthly calendar of events and support the promotion of events in Northeast Tarrant County, inclusive of 12,000 copies, which are produced and distributed in 180 locations, all schools, parks and recreation, libraries, city halls, businesses, etc. Calendar is also reproduced in all "Hometown Stars" the last Sunday of each month, as well as in the "News and Times". 4. Duties of the City. For Arts Council's services, the City agrees to pay $7,100 to Arts Council upon the execution of this agreement by both parties. 5. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Arts Council of Northeast Tarrant County (Arts Council) By: Robb Wasielewski President CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND WOMEN'S HAVEN This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Women's Haven (hereinafter referred to as the "Haven"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Haven, acting by and through its duly authorized City Manager, to provide a place of safety for victims of domestic violence. B. The Haven is a non-profit organization with the resources and experience in social services to provide the required services. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. EnQaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Haven, and the Haven agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30,2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Haven. The Haven agrees to: a) Operate a crisis center to receive incoming calls from battered women and children b) Provide schedule for battered women and children c) Provide food, clothing, counseling, childcare, and assistance with emergency transportation, medical care, and transitional housing d) Operate a counseling program for battered women 5. Duties of the City. For the Haven's services, the City agrees to pay $500 to the Haven upon the execution of this agreement by both parties. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Women's Haven of Tarrant County By: Sharon Marshall Executive Director CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND WOMEN'S HAVEN This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Women's Haven (hereinafter referred to as the "Haven"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Haven, acting by and through its duly authorized City Manager, to provide a place of safety for victims of domestic violence. B. The Haven is a non-profit organization with the resources and experience in social services to provide the required services. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. EnQaQement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Haven, and the Haven agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Haven. The Haven agrees to: a) Operate a crisis center to receive incoming calls from battered women and children b) Provide schedule for battered women and children c) Provide food, clothing, counseling, childcare, and assistance with emergency transportation, medical care, and transitional housing d) Operate a counseling program for battered women 5. Duties of the City. For the Haven's services, the City agrees to pay $500 to the Haven upon the execution of this agreement by both parties. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Women's Haven of Tarrant County By: Sharon Marshall Executive Director CONTRACTUAL AGREEMENT CITY OF COLLEYVI LLE AND GRAPEVINE RELIEF AND COMMUNITY EXCHANGE (GRACE) This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Grapevine Relief and Community Exchange (hereinafter referred to as the "GRACE"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the GRACE, acting by and through its duly authorized City Manager, to provide programs and services for those in need within the community. B. The GRACE is a non-profit organization with resources and experience to provide for Colleyville residents in need of food, clothing, and other emergency assistance. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. EnQaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the GRACE, and the GRACE agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Alliance. The Grace will provide food, clothing, and other emergency assistance to residents of Grapevine, Colleyville, Southlake, and Euless who are in need. 5. Duties of the City. For the GRACE's services, the City agrees to pay $500 to the GRACE upon the execution of this agreement by both parties. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Grapevine Relief and Community Exchange By: Tricia Wood Executive Director CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND GRAPEVINE RELIEF AND COMMUNITY EXCHANGE (GRACE) This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Grapevine Relief and Community Exchange (hereinafter referred to as the "GRACE"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the GRACE, acting by and through its duly authorized City Manager, to provide programs and services for those in need within the community. B. The GRACE is a non-profit organization with resources and experience to provide for Colleyville residents in need of food, clothing, and other emergency assistance. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. EnQaQement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the GRACE, and the GRACE agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Alliance. The Grace will provide food, clothing, and other emergency assistance to residents of Grapevine, Colleyville, Southlake, and Euless who are in need. 5. Duties of the City. For the GRACE's services, the City agrees to pay $500 to the GRACE upon the execution of this agreement by both parties. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Grapevine Relief and Community Exchange By: Tricia Wood Executive Director CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND THE WOMEN'S SHELTER This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and The Women's Shelter (hereinafter referred to as the "Shelter"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Shelter, acting by and through its duly authorized City Manager, to provide a place of safety for victims of domestic violence. B. The Shelter is a non-profit foundation, as defined in Section 509 (a) of the Internal Revenue Code, operating in the Metroport area, acting by and through its daily authorized Executive Director. The Shelter has the resource and experience in social services to provide the required services. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. EnQaQement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Shelter, and the Shelter agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Shelter. The Shelter agrees to: a) Emergency services consisting of shelter, clothing, food and transitional housing for victims of family violence b) Crisis intervention at area hospital emergency rooms c) Staff and provide a 24-hour crisis hotline d) Support services consisting of parenting education, case management, group and individual counseling. e) Prevention services consisting of community education and training to organizations, professional groups, and adolescents f) Legal advocacy including, but not limited to, attorney services, protective order procurement, court accompaniment, crime victim's composition applications g) Transportation across cities to shelter, court and other service locations h) Crisis response 24/7 to Colleyville Police Department 5. Duties of the City. For the Shelter's services, the City agrees to pay $500 to the Shelter upon the execution of this agreement by both parties. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor The Women's Shelter By: Mary Lee Hafley Executive Director CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND THE WOMEN'S SHELTER This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and The Women's Shelter (hereinafter referred to as the "Shelter"). RECIT ALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Shelter, acting by and through its duly authorized City Manager, to provide a place of safety for victims of domestic violence. B. The Shelter is a non-profit foundation, as defined in Section 509 (a) of the Internal Revenue Code, operating in the Metroport area, acting by and through its daily authorized Executive Director. The Shelter has the resource and experience in social services to provide the required services. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Shelter, and the Shelter agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Shelter. The Shelter agrees to: a) Emergency services consisting of shelter, clothing, food and transitional housing for victims of family violence b) Crisis intervention at area hospital emergency rooms c) Staff and provide a 24-hour crisis hotline d) Support services consisting of parenting education, case management, group and individual counseling. e) Prevention services consisting of community education and training to organizations, professional groups, and adolescents f) Legal advocacy including, but not limited to, attorney services, protective order procurement, court accompaniment, crime victim's composition applications g) Transportation across cities to shelter, court and other service locations h) Crisis response 24/7 to Colleyville Police Department 5. Duties of the City. For the Shelter's services, the City agrees to pay $500 to the Shelter upon the execution of this agreement by both parties. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor The Women's Shelter By: Mary Lee Hafley Executive Director CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND COLLEYVILLE PROUD This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Colleyville Proud. RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to support the efforts of Colleyville Proud for the establishment of a wildflower program in the City of Colleyville. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. EnQaQement. Upon and subject to the terms and conditions of this agreement, the City hereby engages Colleyville Proud, and Colleyville Proud agrees to be engaged by the City, to establish a wildflower program for the City of Colleyville. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30,2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of Proud. Colleyville Proud will establish a wildflower program for both public and private areas of the City of Colleyville. Colleyville Proud will also provide for a fall and spring "Trash-off" Program for the City of Colleyville. 5. Duties of the City. For Colleyville Proud's services, the City agrees to reimburse Colleyville Proud up to $5,000 for the Wildflower and the Trash-Off Programs. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Colleyville Proud By: Betty Jean Wilbanks Colleyville Proud Chairman CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND COLLEYVILLE PROUD This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Colleyville Proud. RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to support the efforts of Colleyville Proud for the establishment of a wildflower program in the City of Colleyville. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. EnQaQement. Upon and subject to the terms and conditions of this agreement, the City hereby engages Colleyville Proud, and Colleyville Proud agrees to be engaged by the City, to establish a wildflower program for the City of Colleyville. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30,2003. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of Proud. Colleyville Proud will establish a wildflower program for both public and private areas of the City of Colleyville. Colleyville Proud will also provide for a fall and spring ''Trash-off'' Program for the City of Colleyville. 5. Duties of the City. For Colleyville Proud's services, the City agrees to reimburse Colleyville Proud up to $5,000 for the Wildflower and the Trash-Off Programs. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of ,2002. City of Colleyville By: Donna Arp Mayor Colleyville Proud By: Betty Jean Wilbanks Colleyville Proud Chairman CITY COUNCIL cc@n0 AGENDA BRIEFING 1"l',""~ FINANCE REVIEW MEETING DATE: 10/15/02 CITY MANAGER ITEM#: RESOLUTION # : 3e R-02-2042 DEPARTMENT HEAD Previous Action: None DEPARTMENT: PUBLIC WORKS SUBJECT: Approval of the disposal of surplus vehicles and equipment - by Consent Reading and Public Hearing The purchasing manual adopted September 28, 1993, requires the City Council to designate salvage items or surplus vehicles and equipment before said property can be removed from inventory and disposed of by public auction or other approved means. The vehicles and equipment have been replaced because of age, mileage and/or major maintenance problems and are recommended for disposal at public auction. The public auction is scheduled for November 2, 2002, at Tommy Lutz Auctions, 5300 Blue Mound Road, Fort Worth, Texas. 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Previous Action: 10/01/02 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of the Special Use Permit for an accessory building on Lot 5A, Sand Oak Acres located at 4508 Jim Mitchell Trail West, Case 2-02-024 Second Reading and Public Hearing First Reading and Public Hearing Backqround John Janovetz is the owner of a house located at 4508 Jim Mitchell Trail West. The owner has submitted a Special Use Permit (SUP) application to construct a 1,000 square foot, single- story accessory building on the property. The accessory building regulations include size and location standards. All requests to exceed the base standards must be authorized by a Special Use Permit approved by the City Council. A comparison of the regulations and the proposed building is shown below. The proposed building meets all the requirements of the regulations except for the building size. The applicant has requested a waiver from this requirement, as allowed by the Code. A letter from the applicant is attached. ACCESSORY BUILDING ZONING COMPARISON Category Zoning Requirement Applicant Proposal 1. Maximum Size 725 sf for lots under Y2 acre 1,000 sf 2. Max. Number of Buildings 3 1 3. Side Setbacks 5 feet 34 feet and 54 feet 4. Rear Setback 5 feet 12 feet 5. Maximum Height Not to exceed height of main building complies The allowed size of an accessory building is based on the size of the lot. For lots under 0.5- acres, the size is limited to 725 square feet. For lots between 0.5-acres and 0.99- acres, the size is limited to 1,000 square feet. The applicant's lot is 21,257 square feet in size, which equates to 0.488 acres. If the lot were 523 square feet larger, a 1,000 square foot accessory building could be constructed without obtaining a Special Use Permit. The applicant has requested a waiver of this requirement to allow the 1,000 square foot building. Agenda Briefing Ordinance 0-02-1369 Page 2 of 3 I mDact Issues 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which designates this area as a future single-family residential area. The surrounding properties are also designated as single-family residential areas. 2. Surrounding Properties. The surrounding properties are developed as single-family residences. The lots in the area of Jim Mitchell Trail West and Jim Mitchell Trail East range in size from 0.47 acres to 0.58 acres. Properties to the west of Patterson Lane consist of acreage tracts with single family residences. Many of the lots contain accessory buildings and barns. 3. Development Trends. The long-term trend for this area is single-family development. Property in the area is generally suitable for that type of development. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the land and house is appraised at $165,880. The estimated annual City property tax revenue generated by this property is $576. The addition of the accessory building will have little impact on the appraised value of the property. 6. Traffic Generation. The addition of the accessory building will not have an impact on the traffic generation in the neighborhood or local area. The request is consistent with the Master Plan. Since the SUP for this particular use has little impact on land use decisions or requirements, but may be important to those living nearby, staff believes the opinions of the area property owners should be the most important factor in the decision to grant the Special Use Permit or not. Since the request is an SUP, the Commission may establish conditions different than or in addition to the normal requirements of the Land Development Code. Staff mailed 15 notices to adjacent property owners regarding this request. No correspondence has been received regarding this request. The Planning and Zoning Commission conducted public hearings and considered this request at the September 9, 2002, meeting and recommended approval by a unanimous vote. Recommendation Approval Agenda Briefing Ordinance 0-02-1369 Page 3 of 3 Attachments · Location Map · Zoning Exhibit · List of Property Owners Notified · Correspondence · Planning and Zoning Commission Minutes · Ordinance 0-02-1369 ... TR 4N 1.8 At 0'-'- ;..~ 0"'''- \ 1 TR 4L .& AC ~.R' TR 4J TR 594 TR 58J TA _ fR 581 TR 4CC 4.8 At 4.8 At 4.13 At 4.1 At 4.Be5 At 6.33 At 1 TA 58 5.7q& . 7.47 AC Tn 4K 3.36 AC ! ~ ~ [";~ ~ 10 -~ ~ cr:J ., h.tI-,. -:- g~9 - . ~~~ ,. I I ~ 5 ! B - . . " '--' , ,. . .. ! I TR 2G . "t ,. 'i.28 At '" ! 11 ! '" ~ ~ ;~ ~ ,. 0 .. T ! ~ .; /IJ... J I-CR';NBROOK ;~-s~ 7;":; .~ .~ I; ~'{: j\R'jlS s- T,A,~~C' Jf;S'f ~ 'f(j~, 2 1.00. 1.00. 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':1D::D ' Jl'Urej::~) ~ 2 II" Kenneth & Lynda Davis 4600 Jim Mitchell Trail W Colleyville, Texas 76034 John & Barbara Janovetz 4508 Jim Mitchell Trail W Colleyville, Texas 76034 Kathleen Russell 4512 Jim Mitchell Trail W Colleyville, Texas 76034 Charles Compton, Jr. 4500 Jim Mitchell Trail W Colleyville, Texas 76034 Richard & Elizabeth Carson 4504 Jim Mitchell Trail W Colleyville, Texas 76034 Janet Douglass 4600 Jim Mitchell Trail E Colleyville, Texas 76034 G A Misko & Susan Cross 5313 Coventry Place Colleyville, Texas 76034 Franklin Campbell 4508 Jim Mitchell Trail E Colleyville, Texas 76034 Cherryl Dawson 4516 Jim Mitchell Trail E Colleyville, Texas 76034 Thomas & Angela Barnette 4501 Jim Mitchell Trail W Colleyville, Texas 76034 Kenneth & Michell Malloy 4509 Jim Mitchell Trail W Colleyville, Texas 76034 Wiley Woodard 4517 Jim Mitchell Trail W Colleyville, Texas 76034 Rodney Townsley 4601 Jim Mitchell Trail W Colleyville, Texas 76034 Shawn & Lois Mackey 4613 Patterson Lane Colleyville, Texas 76034 Edward & Sarah Fairchild 4807 Patterson Lane Colleyville, Texas 76034 Case Z-02-024 (Notices dated: August 30, 2002) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permitland-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas local Government Code and the Colleyville land Development Code. Jan Levy ~ Planning tl:oning Assistant 4508 W. Jim Mitchell Tr. Colleyville, TX 76034 September 4, 2002 City ofColleyville P. O. Box 185 Colleyville, TX 76034 Attention: Clayton Husband Dear Mr. Husband: At present all of my tools and airplane are in a hangar at Meacham International Airport. Looking forward to my retirement in a few years from Bell Helicopter, I will be unable then to afford the high cost of hangar rent. I decided to build an accessory building in my backyard and bring my tools home. When we purchased our home in 1987, it was presented to us as a one-half acre lot, so I have always assumed it to be a half acre. Our lot is only 500 square feet short of being one-half acre, and I will need the entire 1000 sq. ft. of building space. Sincerely, ;:t~ J. J. Janovetz Planning and Zoning Commission Minutes September 9, 2002 Case Z-02-024 PUBLIC HEARING - Special Use Permit for an accessory building on Lot 5A Sand Oak Acres located at 4508 Jim Mitchell Trail West Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He told them that staff's recommendation was only because of the non-compliance with the Land Development Code, however there are few significant issues with the request. He said the commissioners need to consider the impact the use has on the neighborhoods and regard the citizen's comments when they make their recommendation. Chairman Gasper opened the public hearing. The applicant, John Janovetz, told the commissioners that when he bought the house, he thought the lot was one-half acre and if it was one-half acre they would not have to seek a special use permit for the accessory building because it would have met the size requirements. He said he has not received any negative comments from his neighbors, He asked the commissioners what the impact of the staffs negative recommendation would have on the case, Chairman Gasper explained the procedure for approving the special use permit. There being no one else present wishing to speak, the public hearing was closed. There were questions by the Commission about the letter of request that was submitted by the applicant that mentions the need for storage for his tools and how he works on airplanes. The applicant told the commissioners that he would only place his tools in the accessory building and the airplane would will stay at Meacham Airport. He said he builds parts for antique airplanes as a hobby, Commissioner Hollis asked the applicant if he will be using any chemical process in building the parts. Mr. Janovetz responded that he will not be using any process that produces fumes. He said most parts are not sheet metal, but will be like an exhaust manifold. Commissioner Culley asked if Mr. Janovetz's hobby involved noise late at night. The applicant responded that his equipment is not noisy and the doors to the shop will be closed. He said the building will be heated and air conditioned. He said that the back side of his property abuts approximately 16 open acres and he would not do anything detrimental to his neighbors. Chairman Gasper asked staff if there was a possibility that when the street was dedicated there was a loss of property for the right-of-way that caused the property to become less than one-half acre. Staff responded how the minimum lot size in the R20 zoning category is 20,000 s.f. and that is not one-half of an acre, but is generally referred to as a half-acre lot. Commissioner Swift said it may be worth pointing out that when he toured the area, he noted the proposed building is consistent with other buildings in the neighborhood. Commissioner Jones moved to recommend approval of the special use permit for an accessory building. Commissioner Swift seconded the motion. The vote being: Ayes: Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None ORDINANCE 0-02-1369 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING ON LOT 5A, SAND OAK ACRES; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by John Janovetz on August 19, 2002, under Case No. Z-02-024; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 5A, Sand Oak Acres (4508 Jim Mitchell Trail West), by authorizing a Special Use Permit for an Accessory Building, subject to the following conditions: a. The maximum size of the accessory building shall not exceed one-thousand (1,000) square feet. b. The building location and elevations shall be consistent with the drawings attached as Exhibit "B". THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Ordinance 0-02-1369 Page 2 of 2 Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 5. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the 2002. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Exhibit A Zoning Map t fA III tAlI((; 11' lOt .,.01((;1 ,& ~ .: = 118 _ II tCt fila. ...a.lIe 470g " fR ..:I tU ~ .1 .f.o IlC :i ~' iSlI ~; :II "e .. nil UI (: I l.ot... . 1ft ,t. 3.0 At . ,',R, '::' ,. t R20 t. :! .... 21& ,.& \. . ut, 4 t '.'4%1 . · Ita ..n s. -IP - , Tl'i2Et.1 \.411((; , i TRUEU ,.uo I((; llft I1C TRUll t.$ at 1Jlll!lllJ i.lll(: .fIl I" RII 'Zit ..~ ~ in.' Ill' '"' .% 1.n ltiC TR 4J 4.' Ill: Tl'I4lt 3..1t1; Exhibit B Building Location and Elevations ,_ :=:::-,_,-_"':"':~"=nr,- t--.I. .. :q ~ I NEW ! AlIX.llllILDING : STEll c~..f.l_ (;: ":';t!:-',~: .J~'!,.:, --~(-H.. ..".'~"',<; :~~~i?-: ,~v Si~:' ,f;"'; ;;,;: ~i: >~'~{~r- -:::,' _~T'1'.lS~:"t' " Ii: '-- ~~~c...I"'~ .....,,:.: -""\0-(" rl' .. f"""""'" ,;;;~,~ ' z' ') ADOITIOIl ' - ~..~l-I"G 'F\~ Pl.......... .'0' ___'J!1:o' GAAAGE fl";.c. P:~l.o,-'Ol ~ .,' ~..t: ~~c\}'-:~i ;;.: ,"i.\ EXIS'l'M'RE$CIEtICE o.."l>~'l ,...eia= ..' , ;: :;:;, .;......., ~. (; .~.:~:...., -:Ft;"'Q:t/ItC..-W-JLA:;. .~J%~~ S"l<.10U:,~c:,~ f:i\O.NC ~k; c::>f"T'Ot<t) - EAST EL.EYAlJON \,z ---'4 -2lt.......,.,.,... ~~: , , I 1ilIf!E9!" I fA'&."~ I ,~.~ ~~ NORm B.EVATION CITY COUNCIL cc~n<ll AGENDA BRIEFING 1(."...,,$ MEETING DATE: 10/15/02 CITY MANAGER I r;b- ITEM # : 5 DEPARTMENT HEAD l-.:T<:'~ ORDINANCE # : 0-02-1370 , N.A. FINANCE REVIEW l Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of the Special Use Permit for Automotive Repair and Service with outside storage on Lot 1, Block 1, Highway 26 Industrial Addition, located at 6804 Colleyville Boulevard, Case Z-02-025 First Reading and Public Hearing Backqround Total Enterprise Inc., is the owner of a property and building located at 6804 Colleyville Boulevard, immediately south of Tennison Parkway. Johnny Stowe has applied for a Special Use Permit to operate an automotive repair service business at this location. Mr. Stowe used to operate a similar facility on Pleasant Run Road. The property is one acre in size with frontage on Colleyville Boulevard and is platted. There are two buildings on the site, with the smaller front building containing offices and a larger warehouse-type rear building. There is little landscaping on site. The property is fenced on the north and south sides with a wooden fence and on the west side with a chain link fence. The applicant proposes to use the larger rear building to operate an automotive repair service business. The activities taking place in the building would include general maintenance of vehicles (oil changes and tune-ups), brake repair, hose and part replacement, and other minor work. Paint and body work or major repair to engines and transmissions would not be done at this site. The building is presently used to provide minor maintenance to passenger buses. The property is zoned ML Light Manufacturing. The current use of the property is a related automotive repair use. The Land Development Code requires a Special Use Permit for automotive repair uses in the ML zoning district. Impact Issues 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which indicates commercial and retail uses for the property. 2. Surrounding Properties. The property located north of the site is zoned PUD-R, but is zoned to allow commercial uses allowed in the CC1 zoning district. The properties to the south and across Colleyville Boulevard are zoned ML Light Manufacturing and are used for commercial purposes. The property to the west is zoned PUD-R and is Agenda Briefing Ordinance 0-02-1370 Page 2 of 3 developed as single-family residences. The lot immediately abutting this property to the west is used as private open space. 3. Development Trends. This area is experiencing significant development. A new dental clinic is about to open just north of the site. In addition, there are two proposed commercial businesses on the property to the north. The trend in the area is for continued development of commercial and retail businesses along Colleyville Boulevard. 4. Infrastructure. The existing utilities in this area will adequately serve the proposed development. The building is connected to public water and sanitary sewer. 5. Current Zoning Suitability. The current zoning of the property is compatible with the proposed land use. Most of the surrounding properties are zoned commercial. 6. Property Taxes. According to information available from the Tarrant Appraisal District, the property is valued at $360,000. The estimated City property tax revenue for the undeveloped property is $1,250 annually. Sales Taxes. Sales tax revenue is generally limited for automotive uses. In some cases, sales tax would be collected on parts that are sold separate from a packaged service. For example, if an oil change service has a fixed price that includes parts, the parts used for the oil change are not subject to sales tax. If the parts are purchased separately, the parts are subject to sales tax. 7. 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. Automotive repair services generate 1.6 to 5.4 trips per 1,000 square feet of building area, on average. The 4,700 square foot building may generate 8 to 25 trips per day. The following table shows the recent traffic counts for Colleyville Boulevard during a 24-hour period. Location 24-Hour Total Date Tinker Road intersection 30,366 vehicles 2001/2002 John McCain intersection 43,625 vehicles 2001/2002 Staff mailed eleven (11) notices to adjacent property owners regarding this request. No correspondence has been received regarding this request. Summary The Stowe family operated an automotive repair business on Pleasant Run Road for many years. Due to a death in the family, the business on Pleasant Run Road was closed. The owners desire to relocate the business to a different site in Colleyville. The site on Colleyville Boulevard provides a more appropriate location for an automotive repair facility. The property Agenda Briefing Ordinance 0-02-1370 Page 3 of 3 is zoned ML Light Manufacturing and the building is currently being used for a similar type of business. Given the location of the building on the site, vehicles waiting for repair will be parked at the rear of the property and not be visible from the streets. The Monterra subdivision is located immediately west of this site. The closest residence to this building is 425 feet to the west. The residential property is further buffered by a creek and densely treed area. The properties north and south of this site are zoned to allow commercial activity. Since this request is for a Special Use Permit, the Planning and Zoning Commission and City Council may place conditions on the approval of the request. These conditions could include the installation of landscaping or screening, signs, limitations on specific activities on the site, and time limits or periodic renewals of the Special Use Permit, provided the conditions are designed to reduce the negative effects associated with the use on adjacent or surrounding properties. The Planning and Zoning Commission conducted a public hearing and considered this request at the September 23,2002, meeting and recommended approval by a 6-1 vote, subject to the following conditions: 1. No overnight parking of vehicles shall be allowed outside the building. 2. The required 12-inch water line and fire hydrant shall be installed within one year from the date of approval of the Special Use Permit. 3. No storage of parts or containers shall be allowed outside the building. 4. Landscaping shall be provided on the south side of the property, and shall include four potted trees of 3-inch caliper or larger. 5. The tiltwall portion of the building shall be repainted. 6. All repair work shall be done inside the building. 7. The hours of operation shall be restricted to 8 a.m. to 5 p.m., Monday through Friday. 8. All vehicles waiting for repair shall be parked to the rear of the building. 9. Work shall not be performed on any vehicle larger than a 2-ton pickup truck. 10. No vehicles for sale shall be parked in front of the building adjacent to Colleyville Boulevard. Recommendation Approval Attachments · Location Map · Zoning Map · Zoning Exhibit · List of Property Owners Notified · Planning and Zoning Commission Minutes · Ordinance 0-02-1370 r--- . BRR1\ ,~O:~ 1 ~ 4 .648 @ 1R 2 2.517 @ .822 @ lR B ~C r i\R~1i\~ 1R ~ 3.438 @ --- 2X 14A 13 9 \Zo~\'rl~) 1~ 8 4 2 3 5 .979 @ ,r:l /!f lR I~~ Location Map CASE # Z-02-025 - Special Use Permit (C0' ~ 1-------1 ~ r r I Ii \ bj- 1-1~'" ! j J U 'i ~::r' '-__!'r.....~ ( i I _ I ;Ui'ID: !i1 L (..... ~-- I ~ Je-ll I I ~. -- ~~~() /1 0 I "tl ~ I ~ UJ '[ I'\~ " ~ - =-j~~-/ _ : J, Ice' I ~., -"~ ~~ ~'-1 ~ ~ t- ill ~; tffrtB1~ ~~r ... ~rr "r q: ,,~ fE' r1't 1 VliiiIT M<C 1 · ~ d; I 1"\. 'LLJ -.0. 6 \II ~~ I - -I ...,J ~'l == ~ L ~-~ H : m_~~""'l'-~"-...-- ~.......~....~~ I;::; C') ~ '-.. "-. ~ ~/J ~ (!) ~ ~ ~ ~ l\: ~ q:~ r~- Lit ~ Q _~ ~;;; --t I ~ I-I ~~ ,.: PJ ~ - 3- ~ ~ OJ I~ '- ~ :;! ~ --I . ~.... it ~" _ ~ a :i: l:l - _J ~ 5 '.., ~ "'-- ;;: '", O,E ~ 'Jf~ ~:~"-.~c_ i~l- I~ ~ _~~~l,. " ~jLl ~ ~ _ :=-:: :t ~ ~i)i,,~ -} J (,) 1----_ a-. 9!--- 00 .......1'/1 I 0 ~=\~b0 _ .'~ j~~ I" ~ y~, ::A'Y i . 'N'" '51 ~~..... /"= .,. ~ ,\-~--~," _. ' , " I 'ti) "....... 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C :.J c ] .~ o \. a ~ ~---t- J '2. s ~ <( ~ oocO- Q o f(1 ~ Pulte Home Corp. of Texas 1431 Greenway Dr., Suite 700 Irving, TX 75038 Colleyville Creme de 1a Creme 5299 DTC Blvd., Ste 360 Greenwood Village, CO 80111 Richard & Sharon Rucker Attn: Richard Rucker 6705 Colleyville Blvd. Colleyville, TX 76034 Neil & Sherrie Hart 6703 Colleyville Blvd. Colleyville, TX 76034 The Wickham Family L TD Prtnshp P.O. Box 110278 Carrollton, TX 75011 Neil & Sherrie Hart 1600 Glade Road Colleyville, TX 76034 Sun Valley Properties 5301 Sun Valley Drive Fort Worth, TX 76119 Colleyville Area Chamber of Commerce 6700 Colleyville Blvd. Colleyville, TX 76034 Kenneth Green 6620 Colleyville Blvd., # A Colleyville, TX 76034 Danny Ratliff P.O. Box 1646 Keller, TX 76244 Total Enterprise, Inc. P.O. Box 610764 Dallas, TX 75261 Case Z-02-025 (Notices dated: September 13,2002) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permitland-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. ~ Planning & Zoning Assistant Planning and Zoning Commission Minutes September 23, 2002 Case Z-02-025 PUBLIC HEARING - A Special Use Permit for Automotive Repair & Service with Outside Storage on Lot 1, Block 1, Highway 26 Industrial Addition, located at 6804 Colleyville Blvd. Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He said that Johnny Stowe has operated a business in Colleyville since the 1970's and that business has closed and he wants to return to Colleyville. Clayton displayed the zoning map, site plan, and pictures of the current buildings in the area. He explained the existing uses in the area and indicated the open space and location of the creek in relationship to the property under review. The commissioners had questions for staff regarding the current occupant status, the possibility of the business being grand fathered without having to acquire a Special Use Permit, and businesses permitted by right rather than having to obtain a Special Use Permit. Barry LeBaron explained how the City Council wanted greater control of business on Highway 26 and initiated a Special Use Permit policy. Chairman Wall opened the public hearing. Those present wishing to speak were: Harold Sandel, City Manager of Granbury, TX and the uncle of Johnny Stowe, was present to represent the case to the Commission. He gave a history of the business for the last 35 years and he described the property. He said John will run a clean operation and cars that are worked on will be worked on within the building and then will be returned to the customers by the same evening, He said that they are requesting approval subject to a fire hydrant and a water line extended across the property within one year. He said the Fire Marshal just spoke with them prior to the meeting and told them about a possible area on the side of Tennison Parkway with a gate going into their property. Mr. Sandel said the business will generate sales tax within Colleyville because the applicant will buy all of his parts from business in Colleyville, Commissioner Swift asked Mr. Sandel if the applicant will be parking used cars on Highway 26 and asked about storage outside the building and storage of hazardous materials. Mr. Sandel said they will have HAZMAT storage within their facilities on site and they contract for those to be removed. He said the hours of operation are 8:00 a.m. to 5:00 p,m. Monday through Friday and the only noise generated will be within the building. John Stowe, 4021 Pine Ridge, Garland, TX, addressed the commissioners and said a one ton pickup truck would be the largest vehicle he would work on. He said every activity would be constructed within the building. He said he has loyal customers and he told the commissioners the amount of revenue for taxable purposes his business would generate, He addressed the commissioners' concerns about storage of parts and vehicles and he explained that he employs Safety Clean to pump used oil and antifreeze from the storage containers every two weeks, He told the commissioners that he will be leasing the facility behind the front building for his business and the owner of the property, who operates Total Enterprise Bus Line, will use the front building for his sales office. Commissioner Swift raised concerns about storage and spillage leaks from containers of oil and other materials. Mr. Stowe said the containers comply with Federal regulations. When asked about signage, Mr. Stowe said he will comply with the sign ordinance and all zoning regulations. Commissioner Swift asked staff about sign regulations. Elaine Gathy, ex-director of Creme de Ie Creme, said their business cares for 300 children from the hours of 6:30 a,m. to 6:30 pm. With toddlers and small infants during the school day hours, She said the owner of Creme de la Creme asked for her to express the concerns about noise levels and aesthetics. She said she was glad to hear there will be no use in front of the building I but curb appeal and noise level is still a major concern by their business. Ken Green, 5402 Juniper Court, said he has his business at 6620 and 6630 Colleyville Boulevard and is very concerned about curb appeal because this area is a gateway from the north. He said he wants the Stowes to be able to do business, but does not want to reverse the trend of beautifying Highway 26. He said he has concerns about outside storage. Commissioner Culley requested the rules be suspended to allow the applicant to speak again. Commissioner Sellers seconded the request. John Stowe said the existing building is vacant and there will be no overnight storage of cars. He said cars will be pulled into the building and work will be done inside the building. Mr. Stowe said he will improve the site over the current use, Marsh Bohanan, 4705 Bill Simmons, said she has been a long term customer of the Stowes and has used their business since 1985. She said that Mr. Stowe's customers are loyal and want his business to return to Colleyville. She said the previous location was always neat and tidy, There being no one else present wishing to speak, the public hearing was closed. Commissioner Culley said that he has concerns about granting a Special Use Permit for this business, but he does not doubt Mr. Stowe's capability and honesty, He said the City is looking for business that will enhance Colleyville Blvd. And not maintain the current look, He said he would like more assurances that the appearance will improve rather than maintain the status quo. Chairman Wall said the applicant is applying for a business use permit rather than the owner. He said Mr. Stowe is only dealing in the back building and the back building is difficult to see from the north because of landscaping. Fire Marshal Jeff Jones addressed the commissioners about his deliberations with the applicant. Commissioner Sellers said if the Special Use Permit is denied the building will remain vacant. Commissioner Swift asked the applicant what the length of his lease would be. Mr. Stowe said he will have a seven year lease. Commissioner Jones commented that he counted twenty-one auto related business along Colleyville Boulevard while driving from south to north. He said they may generate property tax, but sales tax is minimal and these businesses do not attract other business. The commissioners entered into discussion about the possible ways to enhance the appearance of the building. The rules were suspended to allow someone in the chambers to speak, The representative from Creme de la Creme said if Mr. Stowe has a seven year lease I that is seven more years of an unsightly building to remain. She said they were hoping that buildings like this one would disappear in time. She verified that the building in front will remain in order to hide the building in the back. Fire Marshal Jeff Jones pointed out the fire lane on the property and the proposed location of a water pipe and fire hydrant. Barry LeBaron summarized the commissioners' comments: no cars displayed outside; no hazardous storage and limitations on containment handled by the Fire code; work confined to inside the building; vehicles stored inside the building; work on vehicles less than a two ton pickup truck; no outside storage of new or discarded parts; landscaping specifications; and the addition of a 12" waterline and hydrant within one year, He said he has concerns about adding commercial access to a residential street. Barry talked about the enforcement of changes to the building in front of the proposed automotive use. Commissioner Swift asked if the front building were demolished, would it cause the suspension of the SUP and the applicant would have to reapply. Barry LeBaron said that would be a question that would need to be posed to the City Attorney. Chairman Wall said the City Council has the legal counsel of the City Attorney. Commissioner Culley said the owner of the building is not renting the building for free and often owners are required to make improvements. He suggested that the back building be painted a color to match the front building or another neutral color. He suggested that four large portable tree pots be planted with trees three inch in diameter to the left of the entry gate. He showed the area on the site plan. Commissioner Swift said he does not agree on the landscaping requirement. He said he felt the lot cannot be landscaped enough to significantly change the appearance of the building. Commissioner Sellers moved to approve the Special Use Permit with the following conditions: 1. No overnight parking; 2. No storage of any parts or containers outside; 3. The tilt wall portion of the building is to be painted according to staff's approval; 4. The hours of operation are from 8:00 a.m. to 5:00 p.m., Monday through Friday; 5. No vehicles exceeding a two ton pickup truck are allowed to be serviced; 6. A 12" water line with a fire hydrant are to be installed within one year; 7. There will be landscaping on the south side with a recommendation of four potted trees that are 3" in diameter; 8. Parking is only allowed in the rear of the building; and 9. No autos for sale are allowed out front of the business. Chairman Wall seconded the motion. Commissioner Jones said the restrictions would tie the hands of the applicant. Chairman Wall said the City Council will have the opportunity and time to work with the applicant and apply the necessary conditions to the ordinance. Commissioner Culley offered a friendly amendment to add: 10. No new or old parts will be stored outside; and 11. The applicant will store all vehicles inside at night. Chairman Wall seconded the friendly amendment and called for the vote. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Wall Noes: Jones ORDINANCE 0-02-1370 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AUTOMOTIVE REPAIR AND SERVICE WITH OUTSIDE STORAGE ON LOT 1, BLOCK 1, HIGHWAY 26 INDUSTRIAL ADDITION; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by Johnny Stowe on September 3, 2002, under Case No. Z-02-025; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 1, Block 1, Highway 26 Industrial Addition (6804 Colleyville Boulevard), by authorizing a Special Use Permit for Automotive Repair and Service with Outside Storage, subject to the following conditions: A. No overnight parking of vehicles shall be allowed outside the building. B. The required 12-inch water line and fire hydrant shall be installed within one year from the date of approval of the special use permit. C. No storage of parts or containers shall be allowed outside the building. D. Landscaping shall be provided on the south side of the property, and shall include four potted trees of 3-inch caliper or larger. E. The tiltwall portion of the building shall be repainted. F. All repair work shall be done inside the building. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Ordinance 0-02-1370 Page 2 of 3 G. The hours of operation shall be restricted to 8 a.m. to 5 p.m., Monday through Friday. H. All vehicles waiting for repair shall be parked to the rear of the building. I. Work shall not be performed on any vehicle larger than a 2-ton pickup truck. J. No vehicles for sale shall be parked in front of the building adjacent to Colleyville Boulevard. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. day of The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the 2002. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor Exhibit A Zoning Map CC-2 CITY COUNCIL cirr Of CCe<ll AGENDA BRIEFING I(.....~::io 10/15/02 i r;hr- MEETING DATE: CITY MANAGER I ITEM # : 6 DEPARTMENT HEAD 1':rGH- RESOLUTION # : R-02-2043 FINANCE REVIEW I N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of the Final Plat of Sparger Felps Addition, 1 .4353 acres located at the northwest corner of Cheek Sparger Road and Felps Drive, Case P-02- 038 Reading and Public Hearing Tommy Cunningham has submitted a Final Plat on a 1.4353-acre parcel of land located on the west side of Felps Drive, at the corner of Cheek Sparger Road. The plat will create six single- family residential lots and one open space lot for a single family development. The following is a summary of the major items associated with this Final Plat. Zoning. This property is zoned PUD-R, approved by Ordinance 0-02-1340 on June 4,2002. The overall density of the development is 4.18 dwelling units per acre. The smallest lot is 8,999 square feet in area, with an average lot size of 9,438 square feet. These lot sizes are consistent with the approved PUD-R ordinance for this development, which requires a minimum lot size of 8,974 square feet and an average lot size of 9,427 square feet. Lot Width. Lot 6 does not meet the minimum required width of 95 feet. Lot 6 is 90 feet wide. The number of lots could be reduced from six lots to five lots, and each lot could be designed to meet the required width. The developer is requesting a waiver of the lot width requirement for this lot. The approved PUD-R zoning exhibit shows a lot width of 89.99 feet for Lot 6, and the approved ordinance requires 95 feet. The Planning and Zoning Commission approved a waiver for Lot 6 to allow it to be 90 feet wide. Open Space. The PUD-R ordinance for this property requires that 6,290 square feet (approximately 10%) of the total development be designated as open space. The open space lot located along Cheek Sparger Road comprises 5,894 square feet, or 9.4% of the development. The developer is requesting a waiver of the open space area requirement. The north-south dimension of the plat is an average of 3.29 feet shorter than the same dimension on the zoning exhibit. The boundary for the plat was based on a field survey, but the zoning exhibit was based on existing deed information. The difference was taken out of the width of the open space lot rather than the single family lots, resulting in a reduction of 396 square feet of open space. The number of lots could be reduced from six lots to five lots, and the open space lot could be reconfigured to meet the required square footage. Agenda Briefing Resolution R-02-2043 Page 2 of 2 Colleyville Pathways Plan. This property is subject to the provIsions of the Colleyville Pathways Plan, which requires a 10-foot wide hike and bike trail to be constructed along Cheek Sparger Road. The trail is required to be built with the public improvements to the property. The plat shows the location of the trail. The developer's engineer has responded to all Development Review Committee comments. The response includes requests for waivers from the width requirement for Lot 6 and the open space area requirement. The Planning and Zoning Commission approved the plat subject to a waiver from the minimum lot width requirement for Lot 6 to be 90-feet wide, and a waiver of the open space area requirement to allow the open space to be 9.4% of the development. The plat was approved by a unanimous vote. The attached resolution proposes approval of the plat as approved by the Planning and Zoning Commission. Recommendation Denial, due to technical non-compliance with the approved PUD-R ordinance Attachments · Location map · Plat · DRC Review Memo · Applicant Response Letter · Planning and Zoning Commission Minutes · Resolution R-02-2043 TR 1E1 1.70 AC 8 10 9 10R 11 R 12 13 21 19 16 18 17 20 jc{e . ~.~ ~){e~CK _ _s::!..1f:.~ 1r_e...:...~" _.:S;lS..... -- 2 3 _1' "R C) ~) ('\; '<;; G:I ~S) 't ~ ;; 3 Ll 5 6 7 8 9 10 1 1 12 13 1 Ll 15 16 17 18 ------- z~ Frr 1 Ll 2 ~1j ai:_ .~"" "e.~ ~~~ .iL T;I ~I ir-I If I~I !Ill II _~8 gg~ O~.~ ~h .1:,1 !i:>1 WEST 200.00 ~:tl' II ! Ii i i~!_i ~ j ~:' ~~':'111 liit ~t i1illa :~If hI! II> G!!m!,~111 J~Jt ~t i~,i i; f!t~li H~i ~f 91i1ffiHI'1 I ill! !l !ijllll~~ Ii!! Ii! ~j!M!lilf.1 I I!J! U ;),{ 8! R~!PJ! R3~3 R~ !iJN~ltJlfr.1 '""I 'Ill-I, t I 1~1' I t~~ t~f lUillUltl, :i I~JJ; ~I~; iU~ in ii~!U i!~!i i~ fii!mP.a'ir~~uJ p .'llJ IJ "Ill II! 8~1V.111" 8~ ,t1 t I' I 1010 I, 1 J 1 :m 111I 1*' 11 ~ I 11.!)1 n. ~I ;m! ir! 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I i ~~ ~ll! t J I ~i IlIill ! t ...--......--..- , .- NOUJaCrf 8d'I&I .....a ~ ~i ~~~i~~;1 : ~: ; ;;II~~h Bl ~ ~ ~ ~~~ ~ ~ I, i I I ; ~ ~ ~~B ~ II S~ h g:.~ ~: \., I ~;: ~ I ~ ~ ' iI es ~ ~ ~I. ~liI [5 ~ U ~ 1~!i~:~1 I ~ u!ij~ e ~t.l i II II e ~:~ ~ ~~ fhl II )l ~t.l e ~~ ~ ~ i!j " I- ~ <i~ .._oC c!ztS ~I!l.. ~;; ~rzii1 ~~I ~:l~R ~~2~ ~Zi~~ i~..: ,,~z..J ~<oCd .....> "...>- Co'I<C:_~ :~gs ~=a.~ ill II I III ~ ~ I ~ f ~~ I i It n I~ B ~ I I ! ; I f I d ~h m~ ]i~ 1:( i I ni I 1_- ! jiit ~I I! 1 IJl I 1;1 i ii:i ;I I ~ ~ :! bl :.. Ii! ~~; Ii ;It!, I ~I~~ III OIL t! ~ ~; ... ~ I~i~ ~ ~ ~~i~ @ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO FROM September 13,2002 Ernest Hedgcoth 817-831-6368 Clayton Husband, AICP, Community Development Manager SUBJECT P-02-038 Final Plat - Sparger Felps Addition The Colleyville Development Review Committee (DRC) has reviewed your Final Plat request submitted to this office. The following comments are for your consideration. GENERAL INFORMATION 1. The review of this plat and related engineering plans was based on Ordinance No. 0-02-1340, adopted by the City Council on June 4, 2002, and on the PUD-R regulations contained in the Land Development Code. PLAT DRAWING 1. The right-of-way for Cheek Sparger Road needs to be verified. Tie down the existing right- of-way with monuments on the opposite side of the street, and show the dimension on the plat. The required right-of-way established for this roadway by the Master Thoroughfare Plan is 75 feet. The required right-of-way dedication along the frontage of the property is 37.5-feet from the centerline of the existing right-of-way. Show the right-of-way dedication on the plat. 2. Add a 7.5- foot wide drainage and utility easement across the rear of each lot. 3. Lot 6 does not meet the minimum lot width requirement of 95 feet. Revise the plat accordingly. 4. The PUD-R ordinance for this property requires that 6,290 square feet of common open space be provided adjacent to Cheek Sparger Road. Lot 7 only provides 5,894 square feet. Revise the plat accordingly. 5. Remove the 25- foot building line from Lot 7. Show the entire Lot 7 as a drainage easement. 6. The following note must be added to the plat: This residential subdivision shall serve as a buffer area between the adjacent residential properties and the future commercial area adjacent to Colleyville Boulevard. P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587 DEVELOPMENT REVIEW COMMITTEE P-02-038 SPARGER FELPS ADDITION 7. The PUD- R ordinance for this property requires the construction of a metal ornamental fence along the north property line of Lot 7. The fence must be constructed prior to the issuance of a certificate of occupancy for the residence on Lot 6. 8. The PUD-R ordinance for this property contains specific provisions for all houses constructed in this subdivision. It is recommended that the owner review these provisions, which are attached. TREE PRESERVATION Trees not located within the right-of-way must be preserved during the construction of the subdivision. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence or other similar fencing with a four-foot (4') approximate height. The fencing must remain in place during the entire construction period. ENGINEERING CONSTRUCTION PLANS The Engineering Department, Fire Department and Public Works Department have reviewed the engineering construction plans. Comments on the paving, drainage and utility plans are noted on a set of marked-up plans. These plans are ready to be picked up for revisions. Questions concerning the engineering construction plans should be directed to Chad Bartee at 817-577-7587. OTHER INFORMATION 1. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the final plat. The fee for single-family residential uses is $1,802 per lot. An assessment of parkland dedication fees will be provided to the Engineering Department, and all fees must be paid at the time of final acceptance of the subdivision. 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since Cheek Sparger Road, Felps Drive and Acuff Lane are considered unimproved streets and the plat contains more than one residential lot. The developer is required to construct one-half of the streets or provide an equivalent amount of cash escrow for future improvement by the City. 3. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The fees listed below are intended to provide general information on the fees that could be assessed. Please be advised that the impact fees are being reconsidered by City Council and the collected fee may be increased within the next 30- 45 days. The actual fee paid may be different depending upon the specific plans for construction. PAGE20F 3 DEVELOPMENT REVIEW COMMITTEE P.Q2-Q38 SPARGER FELPS ADDITION ROADWAY $981 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. The actual fee depends on specific use of the property. Details are available in Chapter 13 of the Land Development Code. $1,790 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $128 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER 4. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all streets. Sidewalks constructed along Felps Drive and Acuff Lane must be a minimum of 4-feet in width and constructed in the area between the pavement and the adjacent property line. The sidewalks must be constructed when new structures are built on the lot. The sidewalk along Cheek Sparger Road must conform to the provisions of the Colleyville Pathways Plan. The sidewalk must be a minimum 10 feet wide along this property's frontage on Cheek Sparger Road. All sidewalks and trails shall be built to the specifications contained in the Land Development Code. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, September 23, 2002, 7:00 p.m. Tuesday, October 15,2002, 7:30 p.m. RESUBMITT AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: · 15 folded copies of the revised Replat drawing · one 8W' x 11" reduced copy of the revised exhibit · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The above requested items must be submitted no later than noon on Wednesday, September 18, 2002 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-577-7587 or husbandc@ci.colleyville.tx.us if you have any questions. C: ENGINEERING DEPT FIRE DEPARTMENT BUILDING INSPECTION PUBLIC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE30F3 ERNEST HEDGCOTH Consulting Engineers, Inc. PLANNING · DESIGN · ENGINEERING September 18, 2002 Clayton Husband, AICP City of Colleyville Community Development Department P.O. Box 185 Colleyville, Texas 76034 Ref: P-02-038 Final Plat Sparger Felps Addition Dear Mr. Husband; Attached are 15 copies of the revised replat and one 81/2 xlI reduced copy. The plat has been revised according to your comments of September 13,2002 as follows: 1. The right-of-way for Cheek Sparger Road is shown and tied to the monuments on the south side. 2. Seven and halffoot easement has been shown across all of the west line of the plat. 3. & 4. Lot 6 and Lot 7 are requesting a variance to allow the differences mentioned. The areas shown and the widths are the same as were shown on the PUD-R exhibit. 5. The building line for Lot 7 has been removed. 6. The note concerning the buffer zone has been added to the plat. 7. The fence along the north property line of Lot 7 will be installed. 8. The residences will be 2000 square feet and they will comply with the City ordinance 0-02- 1340. This plat is scheduled for the Planning & Zoning Commission September 23, 2002. Thank: you for your assistance. Sincerely ~.~ Ernest Hedgcoth, P~E. . 2002-008-city-comm 5701-C Midway Road Fort Worth, Texas 76117 817-831-7711 PLANNING AND ZONING COMMISSION MINUTES Case P-02-038 Final Plat of Sparger Felps Addition, 1.4353 acres located at the northwest corner of Cheek Sparger Road & Felps Drive Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He told the commissioners that the applicant is asking for a waiver from the minimum required lot width because lot 6 is 90 feet wide and the approved ordinance requires 95 feet. He said the applicant is also asking for a waiver of the open space are requirement because the proposed open space lot is 9.4% of the development and the approved ordinance requires approximately 10%. Clayton said the boundary for the plat was based on a field survey, but the zoning exhibit was based on existing deed information and this caused the discrepancy for the open space. Chairman Wall asked staff if the developer would have had any way to know that the information in the zoning exhibit was incorrect. Staff responded that it is not unusually for descriptions to be based on a boundary survey at zoning because the applicants do not want to invest the money to do a survey unless they are certain of zoning. Commissioner Culley asked the applicant, Ernest Hedgcoth representing the developer, about how they intend to develop the open space. Mr. Hedgcoth said they intend to clean it up and use it for a drainage area. He said they will install a swale approximately 10-feet wide and 12 to 18-inches deep. He said they will wrap it around the trees in order to save as many trees as possible. Commissioner Culley asked if the drainage plans will be sufficient to carry water from neighbors yard. Mr. Hedgcoth said their drainage improvements will improve the area. Commissioner Culley said the Commission has heard many comments and concerns from citizens in the area regarding drainage problems and this development needs to be able to process a great amount of water. He asked what was meant by Mr. Hedgcoth as far as cleaning up the property. He wanted to know if the developer would thin trees or scrape the property. Mr. Hedgcoth said they will save as many trees as possible and will clean out the culvert pipe under the street and that will better facilitate the flow of water. He said if they have to they can make the culvert wider rather than deeper. Commissioner Swift said they don't want to create a safety issue by having a culvert too deep. Mr. Hedgcoth said the plans currently are for a culvert 10-feet wide but they could increase it to 12 or 15- feet wide. Commissioner Jones asked Mr. Hedgcoth to explain what the plans are for a clean-up of the area and the underground pipe on Felps Drive. He asked if the developer has plans to have an irrigation system in the open space. Chairman Wall said they can't tell the developer how to design the open space. Barry LeBaron said he will pass any comments the commissioners have on to the City Engineering Department. Commissioner Culley said he would expect the developer to prepare the ground to a condition so the Homeowners' Association will have minimum maintenance. Mr. Hedgcoth said they did not know they would lose 3-feet of property because they used a 1940 survey for the zoning exhibit. Commissioner Culley said he did not feel 3-feet was an issue because it probably had been taken in by Cheek Sparger Road. Chairman Wall said he believed there were two issues the commissioners needed to deal with. He said they needed to consider the drainage and treatment of the greenbelt and offer comments and concerns to be passed on to the developer so he can set up a policy for the Homeowners' Association for maintenance of the open space. Barry LeBaron told the commissioners that the cleaning out of the culverts will be a part of the drainage plan process. He also said that the Land Development Code already regulates open space. Commissioner Culley said the City Council looks at open space critically and the Council can make demands of the developer because the corner of Felps and Cheek Sparger needs to look good. He said the developer needs to clear the brush and make the open area usable for the residents. Commissioner Culley moved to approve the plat with the waiver from the minimum lot width requirement for Lot 6 to be 90-feet wide, and a waiver of the open space area requirement to allow the open space to be 9.4% of the development. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None RESOLUTION R-02-2043 A RESOLUTION APPROVING THE FINAL PLAT OF SPARGER FELPS ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the final plat of Sparger Felps Addition is hereby approved, subject to the following conditions: 1 . The minimum lot width of Lot 6 shall be 90 feet. 2. The open space lot shall be a minimum of five thousand eight hundred ninety-four (5,894) square feet in area. 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 COUNCIL City or CC~'1l AGENDA BRIEFING "'t'X~S MEETING DATE: ITEM # : RESOLUTION # : 1 0/15/02 7 R-02-2044 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Consideration of appointments to the Metroport Teen Court Advisory Board Reading and Public Hearing The cities of Colleyville, Southlake and Grapevine; Town of Trophy Club; the Carroll Independent School District; and the Grapevine-Colleyville Independent School District entered into an Interlocal Agreement for the purpose of supporting a volunteer program which allows juvenile misdemeanor offenders an alternative to the criminal justice center. The Agreement provides for a Teen Court Advisory Board, appointed by the respective governing body and comprised of two (2) members from each participating entity. The Board oversees and evaluates teen court, solicits community service avenues and participates in the committee fundraising efforts. The positions were advertised and applications accepted through September 30, 2002. The incumbent was notified that their term was expiring and asked to complete an application if they wished to be considered for reappointment. One application was received from Ms. Linda Eilenfeldt and is attached. In November 2001, Council appointed a councilmember and a citizen to serve on the Board. Financial Impact None Recommendation Approval Attachments · Metroport Teen Court Advisory Board roster . Application for Appointment . Resolution R-02-2044 2001-2002 ADVISORY BOARD Members Vince Rosen 1313 Chatsworth Court E, Colleyville, TX 76034 HOME: 817-577-4862 City I Entitv Colleyville Joe Hocutt 7703 Tillman Hill Rd, Colleyville, TX 76034 HOME: 817-577-2151 EMAIL: JHOCUTT@ALATEX.COM Colleyville Debbie Armstrong 3006 Doublecreek Drive Grapevine, TX 76051 Kim Early 3046 Creekbend Circle Grapevine, TX 76051 :)atsy DuPre 308 Timberlake Cr, Southlake, TX 76092 HOME: 817-481-3606 Grapevine Denise Burkhart 2705 North Quail Run Southlake, TX 76092 HOME: 817-251-2337 EMAIL: EARLY@COOLLlNK.NET CELL: 817-475-6510 HOME: 817-481-6610 EMAIL: PSDTX@WORLDNET.ATT.NET CELL: 817-925-8737 HOME: 817-481-2732 CELL: 817-247-3852 PAGER: 214-963-1832 HOME: 817-949-8222 EMAIL: PRINCEG@CISDMAIL.COM Grapevine South lake South lake Gail Prince 1201 N, Carroll Ave, South lake, TX 76092 CarrolllSD Sandy Sobocinski 903 Wentwood Drive South lake, TX 76092 HOME: 817-410-8014 WORK: 817-949-5800 EMAIL: GSOBOCINSK@AOL.COM CarrolllSD Committee Members Fundraisina (Scholarships and Volunteer Incentives) Kim Early Debbie Armstrong Darlene Freed Gail Prince oubUc Relations (School Contacts) Public Relations (Media Attention) Proiects/Events (Day) Sandy Sobocinski Debbie Armstrong Darlene Freed Patsy DuPre Sandy Sobocinski Kim Early Denise Burkhart MUNICIPAL JUDGES Jim Ames 460 W, Harwood Rd Hurst, TX 76054 Terry Leach -60 W, Harwood Rd, Hurst, TX 76054 David A. Florence P,O, Box 2413 Grapevine, TX 76099 Carol Montgomery 1903 Cobbs Grapevine, TX 76051 Andrew Wambsgnass 1507 Chimney Works Drive Southlake, TX 76092 COUNCIL MEMBER L1ASON Darlene Freed 3417 Lookout Ct. Grapevine, TX 76051 COURT PERSONNEL Monica Broadhurst, Teen Court Coordinator 400 Main St., Suite 440 5outhlake, TX 76092 TEEN BOARD Danielle Mattheiu-Reeves 2016 Casa Loma Ct. Grapevine, TX 76051 Matt Sapp 922 Dove Creek South lake, TX 76092 WORK: 817-280-0811 Colleyville COURT: 817-577-7575 EMAIL: J.AMES@LEACHAMESMNDHM.COM WORK: 817-280-0811 Colleyville COURT: 817-577-7575 EMAIL: TLEACH@LEACHAMESMNDHM.COM COURT: 817-410-3282 Grapevine HOME: 817-266-5291 South lake COURT: 817-481-5746 EMAIL: CMONTGOMERY@CITYOFSOUTHLAKE.COM WORK: 817-338-4888 South lake EMAIL: AWAMBSGNASS@CITYOFSOUTHLAKE.COM WORK: 817-481-9977 FAX: 817-488-2988 PAGER:817-651-6604 CELL: 817-480-6434 EMAIL: DFREED@CI.GRAPEVINE.TX.US Grapevine WORK: 817-481-1897 FAX: 817-481-1765 EMAIL: MBROADHURST@CITYOFSOUTHLAKE.COM HOME: 817-481-1282 GCISD HOME: 817-488-6558 CISD cUy of llC6 ~Ms. o Mrs. o Mr. Texas Application for Appointment Name: };,"/en~ Id..+ ~i"d.(L (Last) (First) Address: ~8o 7 c.oHonWood L..a.n€- r!.ol(e yO; (Ie Home Telephone: 117- fi7/. ::Jf#~;L Work Telephone: 8/7- '1lfD. SI/.;J.., cell 817- 909-/Qq~ EmailAddress: Jde,'Jen{€/df(?O-Hb,'. COIYl Fax: 817- 358, 9315 Board, Commission or Committee Appointment Desired: M~-froporf ""'Tee" Cbu,'-f- ,Ad ViSorV ;;Bourcl , ';;). (MI) T~ 7~ 0.:11 Qualifications: (list educational background or experience that would assist you in carrvinq out the duties of this appointment) I have been a volunteer at Metroport Teen Court for two years. My volunteer duties include: notarize paperwork, monitor Master Juries, monitor Trial Juries, process worksite selections. I have attended Teen Court planning meetings and retreats as a volunteer and have a good understanding of the Teen Court process. I have been a Colleyville community volunteer for 11 years, completing the Leadership Colleyville course in 1994 and working here in Colleyville for the past 7 years. I have an MBA in Marketing from the University of Chicago and currently volunteer with Colleyville Heritage High School, National Charity League, Good Shepherd Catholic Community, and United Memorial Christian Church. Reasons for Serving: (state briefly the contributions you can make to this appointment and vour reason~for wantina to serve on the Ro;mi r.ommi~~inn nr r.nmmitt~\ My 18 year old son was a volunteer at Metroport Teen Court for all 4 years of his high school career, progressing from a juror to full attorney, ultimately receiving a Teen Court Scholarship towards his Creighton University education. In addition, Kyle was also a Teen Court defendant in another city. I have seen first hand the value of the Teen Court process which allows juvenile Class C misdemeanor offenders to "pay" for their citation through constructive community service and involvement in the judicial process. The defendants are exposed to the legal process and are made more aware of the consequences of their behavior on others. The communities benefit with the volunteer help of these same defendants. Participation in the Teen Court Program will educate those defendants for life's responsibilities as an individual, family member and productive citizen. uu yuu Ullut:m:m::IllU 1I1C1l Clll~IIUClIIl;~ ClIIU Cll;lIV~ :::>UJJJJUll I:::> I ~~UII~U IUI ~Cll;1I ClppOlnlee ( ~ yes no Signature~a.... t-R. ~-f?~ Date: 9'-~/- O~ Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretaty P.O. Box 185, Col/eyville, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555 RESOLUTION R-02-2044 A RESOLUTION APPOINTING MEMBERS TO THE METROPORT TEEN COURT ADVISORY BOARD WHEREAS, the Metroport Teen Court Advisory Board has two vacancies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby appoints the following persons to the Metroport Teen Court Advisory Board to serve until September 2003: AND IT IS SO RESOLVED. APPROVED THIS DAY OF AYES, NAYS, AND ABSTENTIONS. , 2002, BY A VOTE OF _ ATTEST: CITY OF COLLEYVI LLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL elf y O{ CC~(1l AGENDA BRIEFING IC':,,~S MEETING DATE: 10/15/02 CITY MANAGER i ck- ITEM # : 8 DEPARTMENT HEAD ' tY RESOLUTION # : R-02-2045 FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval of an Interlocal Agreement with Grapevine- Colleyville Independent School District to perform governmental functions and services as outlined in Chapter 791 of the Government Code Reading and Public Hearing During Summer 2002, staff from the City of Colleyville and Grapevine-Colleyville Independent School District (GCISD) met together to discuss possible ways of partnering with each other for service provision. The purpose of the partnership would be for each party to achieve cost savings and increase economies of scale. Services under consideration include: . Purchasing functions . Printing services . Building maintenance services . Computer network and support services . Computer hardware maintenance services . Internet website support services . Vehicle maintenance services . Vehicle fuel services . Audio/visual services for City Council meetings . Any other services in which the parties are mutually interested The Interlocal Cooperation Act (Government Code S Chapter 791) authorizes local governments of the State of Texas to contract with one another for the purpose of increasing their efficiency and effectiveness. The Interlocal Cooperation Act allows local governments to contract or agree with one another to perform governmental and administrative functions and services. Examples of those functions are listed above. The attached Interlocal Agreement provides that GCISD may provide the City of Colleyville any or all of the governmental functions or services outlined in the Interlocal Cooperation Act. The agreement is structured whereby the governing bodies of the City and GCISD must mutually agree on which services GCISD will provide Colleyville. Agenda Briefing Resolution R-02-2045 Page 2 Upon mutual agreement of a particular governmental function or service, an addendum will be attached to the contract that defines the scope of services or functions to be provided, effective date, and termination date for that function or service. The addendum will also define the compensation the City will provide GCISD for that function or service. Financial Impact None Recommendation Approval Attachments · Interlocal Agreement · Resolution R-02-2045 STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT This Agreement is made and entered into by and between the City of Colleyville, a Texas home-rule municipal corporation located in Tarrant County (hereinafter referred to as "COLLEYVILLE"), and Grapevine-Colleyville Independent School District, also located in Tarrant County (hereinafter referred to as "GCISD"), both of which may be referred to herein collectively as the "Parties". WHEREAS, the Texas Government Code Chapter 791 permits agreements between political subdivisions to provide governmental functions and services; and WHEREAS, the Parties wish to increase their efficiency and effectiveness by contracting with one another to provide services; NOW, THEREFORE, COLLEYVILLE and GCISD do hereby contract, agree, and covenant for good and valuable consideration, the mutual promises and agreements made in the body of this agreement, as follows: I. TERM The initial term of the agreement is for a term commencing November 1, 2002 and ending on October 31, 2003. This agreement shall be continued automatically for additional one (1) year terms until termination by either party giving thirty (30) days written notice to the other party, In the event the agreement is terminated prior to the end of a term, the compensation provided in Section III shall be provided through the date of termination. II. DUTIES OF PARTIES GCISD agrees to provide to Colleyville, and Colleyville agrees to pay for, the governmental functions and services as defined in Government Code Chapter 791 as the Parties may agree upon from time to time. Upon mutual agreement of a governmental function or service, an addendum will be attached hereunto that defines the nature and scope of services or functions, effective date, and termination date for that function or service. The addendum will also define the compensation COLLEYVILLE will provide GCISD for that function or service as further defined in Section III. Page 1 of 3 III. COMPENSATION GCISD may assess COLLEYVILLE a fee for each function or service it provides in an amount that fairly compensates GCISD for the services or functions performed under this Agreement. IV, CURRENT REVENUE All payments, contributions, fees, and disbursements to be paid by a Party hereunder shall be made from current revenues budgeted and available to said Party. V. NEGIUGENT APPORTIONMENT In the event of negligence on the part of either Party, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to either party individually under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any third person. VI. VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, Any legal action or proceeding brought or maintained, directly or indirectly, as a result of this Agreement shall be heard and determined in Tarrant County, Texas. EXECUTED this Colleyville, day of , 2002, by the City of (Name) (Title) EXECUTED this day of Colleyville Independent School District. , 2002, by the Grapevine- (Name) (Title) Page 2 of 3 APPROVED AS TO FORM: Attorney for the City of Colleyville APPROVED AS TO FORM: Attorney for Grapevine-Colleyville ISD Page 3 of 3 RESOLUTION R-02-2045 APPROVAL OF AN INTERLOCAL AGREEMENT WITH GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT TO PERFORM GOVERNMENTAL FUNCTIONS AND SERVICES AS OUTLINED IN CHAPTER 791 OF THE GOVERNMENT CODE WHEREAS, the Texas Government Code Chapter 791 permits agreements between local governments, including agreements between municipalities and independent school districts; and WHEREAS, the City of Colleyville, Texas and Grapevine-Colleyville Independent School District (herein "Parties") recognize that partnering for service provision may enhance purchasing power by increasing the volume of their purchases, resulting in discounts in costs, thereby achieving savings; and WHEREAS, the Parties wish to increase their efficiency and effectiveness by contracting with one another to provide services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Interlocal Agreement, attached as Exhibit "A", between the City of Colleyville, Texas and Grapevine-Colleyville Independent School District 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 STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT This Agreement is made and entered into by and between the City of Colleyville, a Texas home-rule municipal corporation located in Tarrant County (hereinafter referred to as "COLLEYVILLE"), and Grapevine-Colleyville Independent School District, also located in Tarrant County (hereinafter referred to as "GCISD"), both of which may be referred to herein collectively as the "Parties". WHEREAS, the Texas Government Code Chapter 791 permits agreements between political subdivisions to provide governmental functions and services; and WHEREAS, the Parties wish to increase their efficiency and effectiveness by contracting with one another to provide services; NOW, THEREFORE, COLLEYVILLE and GCISD do hereby contract, agree, and covenant for good and valuable consideration, the mutual promises and agreements made in the body of this agreement, as follows: I. TERM The initial term of the agreement is for a term commencing November 1, 2002 and ending on October 31, 2003. This agreement shall be continued automatically for additional one (1) year terms until termination by either party giving thirty (30) days written notice to the other party. In the event the agreement is terminated prior to the end of a term, the compensation provided in Section III shall be provided through the date of termination. II. DUTIES OF PARTIES GCISD agrees to provide to Colleyville, and Colleyville agrees to pay for, the governmental functions and services as defined in Government Code Chapter 791 as the Parties may agree upon from time to time. Upon mutual agreement of a governmental function or service, an addendum will be attached hereunto that defines the nature and scope of services or functions, effective date, and termination date for that function or service. The addendum will also define the compensation COLLEYVILLE will provide GCISD for that function or service as further defined in Section III. Page 1 of 3 III. COMPENSATION GCISD may assess COLLEYVILLE a fee for each function or service it provides in an amount that fairly compensates GCISD for the services or functions performed under this Agreement. IV. CURRENT REVENUE All payments, contributions, fees, and disbursements to be paid by a Party hereunder shall be made from current revenues budgeted and available to said Party. V. NEGIUGENT APPORTIONMENT In the event of negligence on the part of either Party, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to either party individually under Texas law, The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any third person. VI. VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any legal action or proceeding brought or maintained, directly or indirectly, as a result of this Agreement shall be heard and determined in Tarrant Cou nty , Texas. EXECUTED this Colleyville, day of , 2002, by the City of (Name) (Title) EXECUTED this day of Colleyville Independent School District. , 2002, by the Grapevine- (Name) (Title) Page 2 of 3 APPROVED AS TO FORM: Attorney for the City of Colleyville APPROVED AS TO FORM: Attorney for Grapevine-Colleyville ISD Page 3 of 3 CITY COUNCIL cc@ru<ll AGENDA BRIEFING Il';o;:i'$ MEETING DATE: ITEM # : ORDINANCE # : 10/15/02 9 0-02-1366 CITY MANAGER I DEPARTMENT HEAD I i FINANCE REVIEW ! ; Previous Action: Tabled DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of the Zoning Change from R40 to PUD-R Planned Unit Development Residential and PUD-C Planned Unit Development Commercial on 36.264 acres located at the northeast corner of Precinct Line Road and L.D. Lockett Road, Case Z-02-023 Update This item was tabled by the City Council on October 1, 2002, for further study. Second Reading and Public Hearing First Reading and Public Hearing Background Norma J. Jones and Jerrell W. Jones are the owners of 36.264 acres located at the northeast corner of L.D. Lockett Road and Precinct Line Road. Larry Cole, with Cole Custom Homes, has the property under contract to purchase and develop. Mr. Cole has submitted a request to change the zoning on the property from R40 Single Family Residential to both PUD-R Planned Unit Development Residential and PUD-C Planned Unit Development Commercial. The owner proposes to develop the property for single family residential and commercial uses. The property has gently rolling terrain with some areas of tree coverage. The Meadow Creek drainage area runs through the eastern portion of the property. A summary of the residential and commercial portions of the development follows. Summary of Residential Portion. The residential portion of this zoning case contains 20.096 acres (55.4 % of the total development). The developer proposes to divide the property into 71 single family lots, with a density of 3.53 dwelling units per acre. The lots average 7,200 square feet in size. The residential portion contains 4.02 acres of open space, which accounts for 20% of the residential area. The residential area is proposed to be a gated community with private streets and entrance gates. The developer estimates the buildout of the residential area will occur in two years. Summary of Commercial Portion. The commercial portion contains 16.168 acres (44.6 % of the total development). The proposed land uses include offices, retail buildings, office- warehouses, and a convenience store with gasoline sales. The commercial area will be screened from the residential area by a 20-foot wide greenbelt and 6-foot tall masonry Agenda Briefing Ordinance 0-02-1366 Page 2 of 4 screening wall. The layout of the commercial area, as shown on the zoning exhibit, is conceptual only. The exhibit shows one' possible way the commercial area could develop. The attached draft ordinance designates the general locations for each type of use. The developer estimates the buildout of the commercial area will occur in five years. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Master Plan shows this area as a future office and commercial area. During the development of the Master Plan, the Master Plan Committee spent considerable time evaluating the location of additional future commercial lands. Since the amount of commercial land in Colleyville is extremely low as a percentage of the overall development, one of the goals of the Master Plan is to increase the percentage of commercial land in the future. The Precinct Line Road corridor was identified as a non-residential area, partly due to its relatively undeveloped status. Approval of the PUD-R portion of the rezoning request will eliminate 20 acres of future commercial and/or office land from possible development in the future. However, the applicant is proposing 16.2 acres of commercial and office property along Precinct Line Road. Density and Lot Sizes. The proposed density of this rezoning request exceeds the recommended maximum residential density called for in the Colleyville Master Plan. The Master Plan calls for a maximum density of 1.8 dwelling units per acre. The proposed density of this project is 3.53 dwelling units per acre. The developer proposes a minimum lot size of 7,200 square feet. The PUD-R regulations require a minimum lot size of 13,000 square feet and an average lot size of 16,000 square feet. Open Space. The PUD-R regulations require that 20% of the land area be dedicated as open space for the use of the residents in the development. The open space also offsets the smaller lot sizes allowed in the PUD-R. This project provides 4.02 acres of open space, which is 20% of the residential project area. The internal open space area will contain a pond/detention area. Additional open space is shown along the L.D. Lockett Road frontage at the entrance to the subdivision. Preliminary Plat. The zoning exhibit for this request is not considered a preliminary plat. The exhibit is a conceptual layout only, and the developer will be required to submit a preliminary plat if the zoning change is approved. The preliminary plat review will give the City Council an additional opportunity to review specific plans for streets, water, sewer and drainage. Sidewalks and Trails. The Land Development Code requires sidewalks along L.D. Lockett Road and along all interior streets. A 5-foot wide sidewalk is required along L.D. Lockett Road. All internal sidewalks must be 4-feet wide and will be built with the construction of the houses on the lots. The construction of hike and bike trails is required for the commercial lots. A 10- foot hike and bike trail will be constructed along Precinct Line Road as part of the building improvements to the commercial lots. Agenda Briefing Ordinance 0-02-1366 Page 3 of 4 I mpact Issues 1. Master Plan. The rezoning request is not consistent with the Colleyville Master Plan, adopted in 1998, which designates this area as a future office and commercial area. 2. Surrounding Properties. The surrounding properties are generally undeveloped, though there are some single-family residences located on large acreage tracts in the area. There is a convenience store and gas station located at the southeast corner of L.D. Lockett and Precinct Line Road, and a church located just south of the store. 3. Development Trends. There are no development trends established in this area, as most of the property is undeveloped. A proposed zoning change to PUD-R on the south side of L.D. Lockett Road is pending action by the City Council. The most recent development is the convenience store and church, both located on Precinct Line Road south of this property. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. The developer is responsible for the extension of water and sewer service lines to the individual lots. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the parcels that make up the 36.264-acre tract are valued at $1,080,423. The estimated City property tax revenue for the undeveloped property is $3,753 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the structure built on the lot. The following table summarizes the estimated property tax revenue for this development. Total Buildin Area 191,700s ft 48,1 00 s ft 51,200 sq ft 30,000 s ft 321,000 s ft Estimated Value $ 22,045,500 $ 4,777,484 $ 3,923,558 $ 3,063,420 $ 33,809,962 Pro ert Tax Revenue $ 76,586 $16,597 $13,630 $10,642 $117,455 6. Sales Taxes. The applicant provided an economic impact summary and a copy is attached. The project contains 44,000 square feet of general retail space and a 7,200 square foot convenience store. Based on average sales per square foot of $200, the estimated annual sales generated by this development are $10,240,000. The estimated sales tax revenue to the City from this development is $204,800 per year. It is possible that the offices and office-warehouses may generate taxable sales, but the effect on overall sales tax revenue would be minor. 7. 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 Agenda Briefing Ordinance 0-02-1366 Page 4 of 4 average. Based on this average, the 71 proposed residences would add 680 vehicle trips per day to the surrounding roadways. Based on the proposed layout of the commercial area, the commercial development could add 3,503 trips to the surrounding roadways. The 2001-2002 traffic counts indicate that 1,146 vehicles traveled L.D. Lockett Road during a 24-hour period, though a date for this count is not known. During that same period, 15,280 vehicles traveled Precinct Line Road at the L.D. Lockett Road intersection. Staff mailed 14 notices to adjacent property owners regarding this request. At the time of agenda preparation, no correspondence had been received regarding this request. Summary The proposed development contains 20 acres of single family residential development and 16 acres of commercial development. The lot sizes are not consistent with the PUD-R zoning regulations, and the developer is requesting that the proposal be approved as shown. The request is not consistent with the adopted Master Plan, and only the Planning and Zoning Commission and City Council may approve residential lots in these areas. The depth of the commercial area along Precinct Line Road is consistent with existing developments on Colleyville Boulevard and eastern Glade Road. The Planning and Zoning Commission conducted a public hearing and considered this zoning change request at the August 26, 2002, meeting and recommended approval by a 5-2 vote, subject to the following requirements: restaurants be added to the permitted uses in the ordinance, and the buildings be designed to meet the architectural standards of the CC1 zoning district. Recommendation Denial, due to non-compliance with the Master Plan and the PUD-R regulations of the Land Development Code Attachments · Location Map · Area Zoning Map · Zoning Exhibit · Information from Applicant · List of Property Owners Notified · DRC Review Memorandum · Developer Response Letter · Planning and Zoning Commission Minutes · Ordinance 0-02-1366 113.1 ). /---;c') ,) b \:J.// ,,,/.-'f I ...........M................_ (5.881 AC) 1.50 AC) t'\- 5 I I 4 1'''/ 3 2 TR 5E1A1 .115 @ ------------------T - ~I I TR 5G XI 1-1 1 .607 AC ~ ,C TR 5Gl : .173 @ "': _ ...0. I I I 'J I w C'fO]'1 ~ ]'1E;uB I .----,.-----._'\ (/~ '\ as) '7('~ '.....::--,,-,. 08 ' AC I I I I TR 04F ,153 . I I j.i~ ~-...-,:::-<:~~~~~,.. : ; 0:: .091 II i , f-- .........t"--..---- H I IJ~1 A JZCT A1 "1 ~.- 'R11 ..-, II II ~ .--------: \ ': , / 'QI \J ) I II ("l)UU>--- I .: : "".:.------ TRACT A~ I : . ......-,-............-...........'....-...... ! I, If i.i ii iJ Ii !i Ii Ii , . Ii i: .1 I: , I :: . 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S! ~~ 9 ~ ~ 'lJ ~.~ iill~ ,.~c >1' z !!'" ",;0 o > '" o~/1 ~ " ':~ ~~~ <:: ~ .:1 \ ~ 1 ~ --J.j I;;; ~ ~ I~ J1OJ6I I;;; J1OJ6I Iii I u; ~~ '~:l I~ 1 __~I I~~JI Itl__j I", ,"-- I!;: u I'~i LD. LOCKETT ROAD . RIOHT-CF-WAY ASPHAlT PA\OIEHT 1- - ~_...- - -1- - 3 I I f I'll I I ! I 0: - " Iii I I Iii I I I I I II ! ::~ I: > 'lJ ~ ~ g > =' !! iii ?Zc::=-- ~~.......~ IQIU; HAGAN ENGINEERING INC. :':':l~'!""~~"\ ...-;;-:w- CIVIL. MBCHANICAL . ll.LECllUCAI. II. : ~ ,~ '___......-'...-.~_..,?"',-, ~..;.: _-.;::1 - CJP ~,,~ '.'\"""""i!, - RAB ~t~l~;'~~~~~:'~~j~' ....~~~~..:- _ IlAli - LAIlR.Y COLE COLt: CUSTOM 1I0MHS 911 ~WOOi>Tt!I'..Il.U;li 1Ull)j;000, mXAS 76021 ~17.)lII-'ilnl Emerald Park Planning Objectives Emerald Park will be a master planned unit development with a combination of retail, office, office/showroom and residential spread over approximately 36 acres. Sixteen (16) acres of land will be allocated for office and retail. The exact amount of each will be determined by market need. The other twenty (20) acres will be used as a residential community. This area will serve a transitional area from commercial to residential so that all land to the east ofthis property can have the traditional Colleyville lot sizes when developed. A six foot masonry wall shall be built separating the commercial from the residential use. This community will have 20% open space with area allocated for ponds and open recreational areas. Lot sizes are planned to be 60 feet wide by 120 feet deep with a twenty foot building line. This is the size that is requested by potential Builders for this community based on their designs and market input. Sideyards are to be six (6) feet with a minimum of twelve feet between houses. The entry will be constructed with electronic gates. The internal streets will be concrete and built according to Colleyville street standards; however they will be private streets. The target price range is in the $300,000 to $375,000 area. The minimum house size will be 2,000 square feet. All common areas, screening walls and private streets shall be owned and maintained by the Emerald Park Homeowners Association. All lots will be encumbered with a mandatory provision which provide for the assessment and collection of annual dues estimated to be approximately $500 per year. This location is ideal for neighborhood garden offices as it is strategically located in the heart of Northeast Tarrant County with easy accessibilty to the major thoroughfares of Precinct Line Road, Davis Blvd, Hwy 1709 to the north and 183 to the south. There is an immediate demand for a service station on the comer of Precinct Line Road. The development of the retail center will be come as the market improves and the maturity of the Walmart and Target Centers to the north mature and determine what additional retail uses will be attracted to this area. ..' ,. - CJ ca a. E w~~m~mIDIDIDtOOOOIDIDOO~ m~~~mM~~~~VVV~~IDN~ Vx~~~~~~~~~~~~~~~~~ ~m~~N~~~~~~~~~~~~mv O~~~~~~~~~~~~~~~~N~ ~E ~~ Om 2m ~ro x> m"O -<( - w W (J)OOOOOOOOOOOOOOOOO ~ggggggggggggggggg m - - - - - - - - - - - - - - - - - oo~~~~~~~~~ggg~~gg~ roVv~~~~~~~~~~~~vroo ::l~~~~~~~~~~~~~~~OON c: ~ ~~~ ~N c: ~ <( "0 m 115 E ~ w W .2 E o c o CJ W .:.::: ... ca a.. :2 l! CD E w - o o LL 0- 00 ~~~~~~~~~OOO~~OO~ ~~M~~~~M~~~~~~oo~ ~~~~ ~~~~~~~~~NN~ L. m a.. w m ro 00 ~~~~~~~~~~~~~~~~~~ n,OOOOOOOOOOOOOOOOO ~ooooooooooooooooo ro~~~~~~~~~~~~~~~~~ -OM~~rovvvvVOOOVVNVN o ~~~ v LL ~ m ::l 0- W ro - o ~ L. m .0 E ::l z~ 0> ,s: ;g ::l lD w m w N~v~ID~romo;:~~~~~5 ..r::: ~ ~ ~ ~ ~ m ~ ~ ~ W 0> .s: :!2 ::l .0 ro '0 L. m E E o o m ..r::: - ..... o "5 .2 Qi w o o o 0'> ~ o ~ v ~ L. m m >. m > l;::: m "0 c m w m w :::J o ..r::: m ..r::: - ..... o - ::l .2 Qi w L. m m >. o ~ m m .0 ~ o ~ '~ ~ m -E ro ..r::: - "0 m - m E ~ w m ,~ ::: EMERALD PARK Project 522 STATEMENT OF UTILITIES TO BE PROVIDED Existing on the site of the proposed residential subdivision is an 8" sanitary sewer main running North and South. This line will be relocated into the streets to service the lots adjacent. Sanitary Sewer for the commercial development will be serviced by extensions of this relocated main. A line will be constructed to the West along the boulevard street at the North end ofthe commercial development. Another line will be constructed to the West at the South end of the residential development, just south of the lake. Existing in L.D. Lockett Road is a 12" cast iron water main and in Precinct Line Road is a 10" cast iron water line. An 8" pve water main will be constructed from Precinct Line Road along the new boulevard street at the North end of the commercial development and extending into the residential development. The water line will be constructed along the streets running North and South to the waterline in L.D. Locket Road, thus servicing the residential lots and providing fire protection. The commercial lots will be serviced from the existing lines in L.D. Lockett Road and Precinct Line Road. RUG 06 2002 16:17 HP LRSERJET 3200 p. 1 HAGAN ENGINEERING, INC. CNIL · MECHANICAL · ELECTRICAL TRAFFIC STUDY Emerald Park - Project 522 Residential- (7110ts)(9,57 vehicle trips/dwelling unit) = 680 680 cars at entrY onto L.D. Lockett Road per day General Office - (40,100 s.f.)(11.01 vehic1etrips/l,OOO sJ.) = 442 442 cars at boulevard onto Precinct Line Road per day Retail Center - (44,000 s.f.)(40.67 vehicle trips/l,OOO s.f.) = 1790 1790 cars - % per each drive entry onto Precinct Line Road per day General Ligbt Indnstrial- (30,000 8.f.)(6.97 vehicle trips/l,OOO s.f.) = 210 General Office - (8,000 5.[)(11.01 vehicle trips/l,OOO s.f.) = 88 298 298 cars at street onto L.D. Lockett Road per day Retail Center - (7,200 s.f.)(40.67 vehicle trips/I,OOO s.[) = 293 293 cars - % per each drive entry 1 entry onto L.D. Lockett Road - 1 entry onto Precinct Line Road 1705 Forest Ridge Drive. Suite 102. Bedford, Texa" 76022 Phone: 811-571-9221 Fax: 817-571-9335 wehengr@swbell.net City of North Richland Hills 7301 N. E. Loop 820 North Richland Hills, TX 76180 State of Texas P.O. Box 6868 Fort Worth, TX 76115 William D. Souder Investments 305 Brookridge Court Hurst, TX 76054 Verl & Ruth Ann Plain 909 W. Lavaca Trail Colleyville, TX 76034 Danny & Ruth Ogle 1009 W. Lavaca Trail Colleyville, TX 76034 Lewis Martin 1013 W. Lavaca Trail Colleyville, TX 76034 BVESCO LP P.O. Box 670903 Dallas, TX 75367 Stinson Development Corp. 7510 Davis Blvd., Suite D Fort Worth, TX 76180 Craig Gandy 1117 W. L.D. Lockett Road Colleyville, TX 76034 Mark & Bliss Herron 1500 Blue Bonnet Drive Fort Worth, TX 76111 Kang Investments Inc. DBA Colleyville Beer & Wine 8515 Grapevine HWY, Apt. 407 North Richland Hills, TX 76180 Atlantic Oil & Gas Inc. 16801 Addison Road, Suite 105 Addison, TX 75001 Jerrell Jones 11111 Abbeywood Oklahoma City, OK 73170 Norma Jones 2509 Honeysuckle Avenue Fort Worth, TX 76111 Case Z-02-023 (Notices dated: August 16, 2002) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permit/and-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy ~ Planning &'Ioning Assistant CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO FROM August 15,2002 Larry Cole ~ Rod Ekern, PE 817-581-4075 ~ 817-571-9335 Clayton Husband, AICP, Development Coordinator SUBJECT Z-02-023 R40 to PUDR & PUDC - Emerald Park The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office on July 29,2002. The following comments are for your consideration. GENERAL INFORMATION 1. The zoning exhibit submitted does not meet the requirements of a Preliminary Plat. While a conceptual plan is acceptable for the zoning process, a preliminary plat and final plat will be required prior to development of the property. This application may include review of a preliminary plat if all required information for the preliminary plat is submitted. 2. The Colleyville Master Plan designates the future land use of this property as retail and office development. The zoning request is technically inconsistent with a portion of the Plan, and a recommendation for denial will be made to the Planning & Zoning Commission for technical non-compliance with the Plan. Only the Planning & Zoning Commission and City Council have the discretion to approve residential development in this area. ZONING EXHIBIT DRAWING Residential Portion The comments contained in this section are related only to the residential portion of this PUD request. The ordinance that the Planning and Zoning Commission and City Council will consider for this zoning case will be broken into a residential portion and a commercial portion. 1. Revise the title block needs to be revised to reference PUD-R and PUD-C rather than PUD. 2. Is this development proposed to be a gated community? If so, generally show where gates would be located in the entryway, and if an emergency access gate is proposed on the secondary entrance. P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587 DEVELOPMENT REVIEW COMMITTEE Z-G2-G23 EMERALD PARK 3. The residential lots in the proposed development do not meet the minimum requirements for a PUD-R zoning district. The lots must be reconfigured to conform to the following requirements: a. Minimum Lot Size: 13,000 sq. ft. b. Average Lot Size: 16,000 sq. ft. c. Minimum Lot Width: 100 feet d. Minimum Lot Depth: 120 feet e. Front Building Line: 30 feet f. Side Building Lines: 10 feet g. Rear Building Line: 25 feet 4. The street widths shown on the plan indicate a width of 30 feet back of curb to back of curb. The Land Development Code requires a 31- foot width from back of curb. Revise the drawing accordingly. 5. The proposed open space area primarily consists of a detention pond. Will the developer make any landscaping or other site improvements to this area? 6. The proposed subdivision includes the construction of a 6-foot tall masonry screening wall along the west side of the residential area. It will be recommended that the wall be constructed as part of the public improvements to this property. 7. A 7.5-foot wide drainage and utility easement will be required at the rear of each lot when the plat is submitted. 8. The right-of-way for L.D. Lockett Road needs to be verified when the plat is submitted. Tie down the existing right-of-way with monuments on the opposite side of the street. The required right-of-way established for this roadway by Master Thoroughfare Plan is 75 feet. The required right-of-way dedication along the frontage of the property is 37.5-feet from the centerline ofthe existing right-of-way. 9. Other comments are noted on the marked-up print. Commercial Portion The DRC recognizes that the proposed layout of the commercial area is conceptual only, and that the actual development of the property may be different than shown. The comments provided in this section are general comments related to the proposed layout. 10. The drive approach between the gas station and retail area should be changed to a joint approach. 11. The street widths shown on the plan indicate a width of 30 feet back of curb to back of curb. The Land Development Code requires a 31- foot width from back of curb. Revise the drawing accordingly. PAGE 2 OF 4 DEVELOPMENT REVIEW COMMITTEE Z-02-023 EMERALD PARK 12. The Fire Department has requested that a median opening be shown on the entry street adjacent to Lots 2 and Lot 8. The opening is needed to allow emergency vehicle access to these lots. 13. The briefing to the Planning and Zoning Commission and City Council will indicate that the commercial zoning request includes the following land uses: offices, retail, gas station/convenience store, and office-showrooms. Ifthis is incorrect, please advise. 14. Is it proposed that the gas station/convenience store will sell beer and wine for off-premise consumption? Are any restaurants planned that may sell alcoholic beverages for on-premise consumption? If this were a possibility, the DRC would prefer to include these requests as part ofthe overall zoning application. OTHER INFORMATION 1. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The fees listed below are intended to provide general information on the fees that could be assessed. Please be advised that the impact fees are being reconsidered by City Council and the collected fee may be increased within the next 30- 45 days. The actual fee paid may be different depending upon the specific plans for construction. ROADWAY $794 per dwelling unit for SINGLE FAMILY uses. Actual fee depends on specific use of the property. Details are available in Chapter 13 of the Land Development Code. $1,790 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $128 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since L.D. Lockett Road is considered an unimproved street and the plat contains more than one residential lot. The owner is required to construct one-half of the streets adjacent to this property, or provide an equivalent amount of cash escrow for future improvement by the City. An estimate of the cash escrow amount can be provided by the Engineering Department upon request. A general estimate of the escrow amount is approximately $139 per linear foot, for 1195 feet, for a total of$166,105. The response letter to these comments should indicate the developer's initial intention of construction or escrow regarding these streets. 3. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the subdivision plat. The fee for residential uses is $1,802 per dwelling unit. The fee for non- residential uses is $800 per acre. An assessment of parkland dedication fees will be provided upon the review ofthe final plat. 4. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along L.D. Lockett Road and all interior streets. The internal sidewalks must be installed when any new PAGE30F4 DEVELOPMENT REVIEW COMMITTEE Z-Q2-Q23 EMERALD PARK residence is constructed on the property. The internal sidewalks must be at least 4- feet wide. The sidewalks along L.D. Lockett Road are required to be 5-feet wide, and the developer is required to construct the L.D. Lockett Road sidewalk as part of the public improvements for this property. 5. INFORMATIONAL ONLY. The Colleyville Land Development Code is available on-line at http://www.colleyville.com/development/code.asp. The Land Development Code is in Adobe Acrobat format. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, August 26,2002,7:00 p.m. Tuesday, September 17 and October 1, 2002, 7:30 p.m. RESUBMITT AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived · 22 folded copies ofthe revised Zoning Exhibit drawing · one 8Yz" x 11" reduced copy of the revised exhibit The revised drawings must be submitted no later than Wednesday, August 21, 2002 in order to make the scheduled hearings. Please contact me at husbandc@ci.colleyville.tx.us or 817-577- 7587 if you have any questions. C: ENGINEERING DEPT FIRE DEPARl1\IIENT BUILDING INSPEcnON PUBLIC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE40F4 HAGAN ENGINEERING, INC. CIVIL · MECHANICAL · ELECTRICAL J. Clayton Husband, AICP Development Coordinator P.O. Box 185 Colleyville, Texas 76034 August 19,2002 Project 522 RE: EMERALDPARK COLLEYVILLE, TEXAS Clayton, Please find listed below our reply to the DRC Comments dated August 15,2002. COMMENT 1: COMMENT 2: COMMENT 3: COMMENT 4: COMMENT 5: COMMENT 6: COMMENT 7: COMMENT 8: COMMENT 9: The title block has been revised as requested. The development is proposed as a gated community and the gates have been shown as requested. Weare requesting that the lot sizes remain as shown. We feel that these smaller lots are required in this location as a buffer between the larger lots to the East and the commercial lots to the West. The street widths have been revised to thirty-one (31 ') feet, back to back as requested. The proposed open space area will be sodded and landscaping will be provided. The landscaping is not yet planned as to type and location at this time. The six (6') foot masonry fence can be installed with the development of the residential property as requested. The seven and a half (7.5') foot-wide drainage and utility easement has been shown as requested. The verification of the width ofL.D. Lockett Road will be provided with the plat. N/A lof2 1705 Forest Ridge Drive' Suite 102' Bedford, Texas 76022 Phone: 817-571-9221 Fax: 817-571-9335 wehengr@swbell,net COMMENT 10: The drive entry has been revised as requested. COMMENT 11: See Comment #4. COMMENT 12: The median cut has been shown as requested. COMMENT 13: This is correct. COMMENT 14: No restaurants are proposed at this time. Perimeter street improvements - The developer will construct the street improvements at the time of development. Sincerely, ~~ Rod Ekern, P .E. RE/cjp 20f2 Planning and Zoning Commission Minutes Case Z-02-023 - PUBLIC HEARING - Zoning Change from R40 to PUD-R Planned Unit Development Residential and PUD-C Planned Unit Development Commercial on 36.264 acres located at the northeast corner of Precinct Line Road and LD. Lockett Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He displayed exhibits showing the locations of the residential portion and the commercial areas of the proposed subdivision. Chairman Gasper asked staff to show on the exhibits where the property is in relationship to the Master Plan. There was discussion about buffers and how they need to be considered on a case by case basis. The commissioners discussed the differences between PUD-R's & PUD-C's and the kinds of controls that can be placed on the commercial development in a PUD. Chairman Gasper opened the public hearing, Those present wishing to speak were: Larry Cole, the developer, gave a list of developments he has developed in Colleyville and explained the uses of the common open spaces in the developments. He said the homes in the residential portion of the subdivision would sell for approximately $300,000 to $350,000. He spoke about the influx of commercial development in the area with the building of a Super Wal Mart and a Super Target and how those developments will bring people to the area of his proposed subdivision to support retail. He said there is no four-way intersection at L.D. Lockett and Precinct Line Road to attract a big box, but smaller retailers will want to come, He gave an overview of the commercial layout and the reason for his design plan. Lewis Martin, 1101 Lavaca, said that he would recommend approval of the complex, but he had concerns with water behind his lots on Lavaca. Danny Ogle, 1009 Lavaca, said he wanted to make sure that the water flows correctly and there is no flooding. There being no one else present wishing to speak, the public hearing was closed. Rod Ekern I Hagan Engineering, was present to present information regarding the drainage plans for the proposed subdivision. Commissioner Culley moved that the rules be suspended so the Commission could receive a question from the audience. Commissioner Sellers seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None Lewis Martin, asked questions about the proposed drainage plans. Barry LeBaron responded that the developer has an option to submit an exhibit that meets the preliminary plat requirements with preliminary drainage and construction plans as the zoning exhibit. He told the commissioners the developer did not chose that option and what they looking at is a zoning exhibit and are to consider the land use issues. He said when the developer submits a preliminary plat, lots may have to change to accommodate the drainage when the preliminary drainage plans are designed. Commissioner Culley asked the developer if the corner parcel could accommodate a restaurant. Larry Cole said this is a broad range plan and there is enough room for a restaurant. He said he would build the housing first and then the commercial. He said the houses are in the Keller I.SD, There was discussion about the adequacy of water facilities in the area for the high density of this subdivision. Commissioner Culley commented about the Master Plan and how they have seen a deviation from the Master Plan in this area. He said this is a good way of planning without using false buffers between residential and commercial developments. Chairman Gasper pointed out that the draft ordinance omitted restaurants as a permitted use. Larry Cole requested that it be included as a permitted use. Commissioner Hollis said he likes the commercial concept and the residential development in this area, but he has a problem with the density. He said high density subdivisions do not benefit Colleyville. There was discussion by the commissioners about density, the maintenance of the rural atmosphere in Colleyville, and the desire for residents trying to downsize, but remain in Colleyville. Commissioner Hollis said he does not think it is a good idea to chip away at the commercial property on the Master Plan nor is it a good idea to chip away at the larger lots in Colleyville. The Commission entered into discussion about the natural traffic flow in the area and how traffic on John McCain and other easUwest roadways is getting worse. There was discussion about road widths and the need to move traffic. Staff informed the Commission that City Council has a line item in the budget for a Master Plan update. Barry LeBaron said there may possibly be a meeting held in September or October to discuss specific tasks. Commissioner Culley discussed the opportunity to create things where there is a demand, but in this location he felt it is a good plan. There was discussion about changing property that is on the Master Plan as commercial to a residential subdivision. Commissioner Hollis offered more input on his opposition to the density and said 7,000 s.f. lots are too small. Larry Cole addressed the Commission about the lot size and said the residents in Remington Park opted for smaller lots. Commissioner Sellers said he lives in The Villas and he notices that traffic is not caused by people living in the neighborhoods in Colleyville, but by traffic coming from across town. Larry Cole responded that empty nesters do not drive to Dallas and most will use Precinct Line Road to go north or south. He said this is not a trend, but a transition. Commissioner Jones said this is a proactive approach and it looks like a good plan to him. There was discussion about the architectural controls that will be placed on the commercial property. Staff staid that the CC-1 controls would have the highest point value and be used. Commissioner Hollis moved to recommend denial of the zoning change request. Commissioner Hollis commented that the commercial development is great, but the residential development is too dense. Commissioner Wall seconded the motion. Commissioner Swift said this is a very complex issue, but the developer would have difficulty building homes on large lots costing $500,000 and up behind commercial property. The vote being: Ayes: Wall, Hollis Noes: Culley, Swift, Jones, Sellers, Gasper The motion failed. Commissioner Jones moved to recommend approval of the zoning change request. Commissioner Sellers seconded the motion. Chairman Gasper offered a friendly amendment that restaurant use be added to the permitted uses in the ordinance and the architectural controls shall have the highest commercial point value. Commissioners Jones and Sellers accepted the friendly amendment. The vote being: Ayes: Culley, Swift, Jones, Sellers, Gasper Noes: Wall, Hollis ORDINANCE 0-02-1366 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 36.264 ACRE TRACT OF LAND OUT OF THE W.C. NEWTON SURVEY, ABSTRACT 1182, FROM THE R40 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT AND THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Larry Cole for Norma J. Jones and Jerrell W. Jones on July 29, 2002, under Case No. Z-02-023; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds description attached as Exhibit "B" I by changing the zoning of said property from the R40 Single Family Residential district to the PUD-R Planned Unit Development Residential district and the PUD-C Planned Unit Development Commercial district, as shown on the attached Exhibit "C", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R area shall be subject to the following conditions: Ordinance 0-02-1366 Page 2 of 6 1. GENERAL a. The purpose of the PUD-R area is for single-family residential development, constructed at an approximate density of 3.53 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. Single family residences, detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions: a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Minimum Dwelling Unit Size 7,200 square feet 60 feet 120 feet, except cul-de-sac lots 20 feet 6 feet 1 0 feet 2,000 square feet 5. OPEN SPACE a. The PUD-R area shall provide a minimum of twenty percent (20%) of the residential project area as common open space for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. b. The common open space may be utilized for storm water detention purposes. 6. CONCEPTUAL SITE PLANS AND PLATTING a. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit "C" I which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate physical, topographic, drainage or other conditions. Sec. 3. Ordinance 0-02-1366 Page 3 of 6 b. Prior to the issuance of any development permits within this PUD-R and as a condition to the development of the subject property, the developer shall obtain approval of a preliminary plat and a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 7. SIDEWALKS a. The developer shall construct a 5-foot wide sidewalk along L.D. Lockett Road at the same time as other public improvements are constructed in the subdivision, unless funds are escrowed with the City for future construction of the sidewalk. b. Each homebuilder shall construct sidewalks along lot frontages. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for office, retail, and office- warehouse land uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES The PUD-C area shall be divided into two sub-areas as shown on the attached Exhibit "C" and the list of permitted uses shall be limited to the areas designated for each use, as shown below: a. Sub-area 1 permitted uses allowed by right: (1) All uses allowed in the CC1 and CC2 District (2) Convenience store with gasoline sales b. Sub-area 2 permitted uses allowed by right: (1) All uses allowed in the CC1 and CC2 District (2) Office-warehouse 3. CONCEPTUAL SITE PLANS AND PLATTING a. The locations of land uses shall be generally consistent with the Ordinance 0-02-1366 Page 4 of 6 conceptual site plan attached as Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The arrangement, location and footprint of buildings within the PUD-C may differ from that shown on the attached Exhibit "C" and will be determined at time of site plan approval. However, the combined total square footage of all buildings within each sub-area shall not exceed the following, which may be in one or more buildings, provided that any large commercial building shall comply with any additional requirements of the Land Development Code: (1) Sub-area 1 - 99,300 square feet (2) Sub-area 2 - 30,000 square feet c. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a preliminary plat and a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 4. LOT REQUIREMENTS AND SETBACKS The lot requirements and setbacks shall the following minimum standards: a. Minimum Lot Size b. Front Building Line c. Side Building Line d. Rear Building Line e. Maximum Building Height none 40 feet none (25' abutting residential) none (25' abutting residential) 35 feet 5. OPEN SPACE AND LANDSCAPING a. Each building site shall comply with the minimum landscaping requirements of the Land Development Code, which shall satisfy the open space requirements for the PUD-C area. b. The common open space may be utilized for storm water detention purposes. 6. SIDEWALKS a. The developer of each individual commercial lot shall construct a 5-foot wide sidewalk along L.D. Lockett Road, unless funds are escrowed with the City for future construction of the Sec. 4. Sec. 5. Sec. 6. Sec. 7. Ordinance 0-02-1366 Page 5 of 6 sidewalk. b. The developer of each individual commercial lot shall construct a ten (10) foot wide hike and bike trail along Precinct Line Road. 7. OTHER a. The developer of each individual commercial lot shall construct a six (6) foot tall masonry screening wall where the commercial lot abuts a residential lot. b. The architectural design score for all commercial buildings shall be a minimum of 30 points, as described in Chapter 6 of the Land Development Code. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. 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: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Ordinance 0-02-1366 Page 6 of 6 CITY OF COLLEYVILLE: Donna Arp Mayor EXHIBIT A - ZONING MAP EXHIBIT B - METES AND BOUNDS DESCRIPTION BEGINNING at a pipe in the north line of County Road No. 3126 (L.D. Lockett Road), a distance of 1,227.26 feet East and 1,346.73 feet South of the southwest corner of the R.H. McEwing Survey, said pipe also being at the southeast corner of a tract conveyed to Mrs. Ruth Walker Jones by J.E. Walker and wife, Myrtle L. Walker by deed dated March 19, 1955, recorded in Volume 2914 Page 575, Deed Records, Tarrant County, Texas; THENCE North along a fence 1,346.73 feet to a pipe; THENCE West along the north line of the W.C. Newton Survey, A-1182, 245.00 feet; THENCE South 88 degrees 32 minutes 32 seconds West along the north line of the W.C. Newton Survey 680.00 feet to an iron pin; THENCE South 02 degrees 55 minutes 10 seconds West 110.00 feet to an iron pin; THENCE South 89 degrees 26 minutes 19 seconds West 270.00 feet to an iron pin; THENCE South 00 degrees 54 minutes 49 seconds East 590.48 feet along the West line of the W.C. Newton Survey, A-1182 to a point; THENCE South 646.25 feet to a point; THENCE East 950.00 feet along the north line of County Road No. 3126 to a point; THENCE East 245.00 feet along the north line of said County Road to the point of beginning, containing 36.264 acres, more or less. EXHIBIT C -CONCEPTUAL SITE PLAN I i I I I H PUD-C I I PUD-R I CITY COUNCIL CC~<ll AGENDA BRIEFING leX;;'I$ MEETING DATE: 10/15/02 CITY MANAGER i ITEM # : 10 DEPARTMENT HEAD N/A FINANCE REVIEW ! Previous Action: None DEPARTMENT: FINANCE REPORT # : SUBJECT: Monthly Financial Report - September 2002 General Fund Current year tax collections finished the year at 98.33% of the roll. Sales tax revenue received in September decreased ($8,470/7.81%) from the amount received in September 2001. The October payment will be accrued per accounting rules, but we have not received it as of this date. Sixteen residential permits were issued in September 2002 and fifty-one fewer residential permits were issued this fiscal year. Municipal Court revenues remain lower due to fewer citations issued earlier this fiscal year. The average amount expended by the departments at the end of September is 96.6%. Utilitv Fund Water usage decreased during the month due to the combination of rainfall and slightly cooler temperatures. Revenue from sewer tie-ons is greater due to the completion of the Phase C sewer projects. The average amount expended by the Utility Fund at the end of September is 97.1%. MONTHLY FINANCIAL REPORT - SEPTEMBER 2002 Current Taxes Delinquent Taxes Penalty & Interest $5,598,928 34,000 33,000 $5,584,999 43,378 46,325 $5,596,038 $41,000 $36,000 ......................................................................... .. .............................. .................................... ..... jiq]abARMiWPRijm]$Xij$,: .......:...,fm;~~;~~ '.:..,.$~;~l~ktQ~.::,:j~;~t~;q~~: ::.,:.'.' $4,924,449 37,315 31,845 ........................... :$;;~~;~~:r TXU Electric $680,000 $878,972 $878,972 $732,015 Tri-County Electric 32,000 44,288 44,288 36,498 TXU Gas 165,000 231,566 231,566 162,965 Southwestern Bell 152,635 123,459 110,000 98,458 Verizon/Others 47,038 38,278 47,200 54,721 Refuse/Recycling 92,000 87,314 83,448 73,548 Cable TV 142,000 145,848 144,124 142,227 :]q!Ag:ijfiNqHl~~:]!mj$~'.:..':~H~Jg;~:m):.::.'.$~;~1~;?g~:: ::::jj;~~~~~~~" ., ...::::'i1;iQ9.;4~g:: Sales Tax Mixed Beverage Tax $1,742,500 28,000 $1,470,613 28,475 $1,595,000 28,000 $1,434,369 26,782 13,41% 16.25% 45.47% " '::'I;I4f.~: 20.08% 21.34% 42,10% 25.39% -30.05% 18,72% 2.55% ..414@K 2.53% 6.32% ]9[A4$~gj$$:[tI ................... ... ............... ................... ... ............... ................... ................... ............... . ............................ .... .............................. .. .................. ........................... :~~.;Ig;~:: j$1:..#$~;q~~ :.:'. .::.:$,:~~?~~qqQ.n "::11;~1:;:j~1n:' .:)::::...m..t~;.~: Building $630,000 $543,564 $525,000 $484,123 Plumbing 108,000 100,519 100,000 107,927 Electrical 80,000 63,493 60,000 71,745 City License 37,000 46,092 37,000 33,556 Building Plan Review Fee 194,000 113,117 125,000 24,664 New Business 1,000 2,914 1,500 273 Animal 1,810 1,856 1,735 1,660 Sign Permit 4,000 7,432 6,500 3,570 Fence Permit 4,000 5,990 5,500 4,822 Fire Permits 1,525 1,975 1,525 251 ntgtfii@Ppgm~p$:~gi:gMtt$:H. ................... .................. ................... .................. ................... .................. ................... .................. .. ................. .. .............. .................. .................. ................... ................................. ..... ................................. ................................. .." ..H.~1iq$,1i~:Hin.:j~~~;~~~, ...,..::::.II~~;?~q:... Fines False Alarms $565,000 6,250 $498,175 10,050 $516,742 7,650 12,28% -6.86% -11.50% 37.36% 358.63% 967.40% 11,81% 108,18% 24.22% 686,85% . . . . . . . . :...~I~g;i~1.j.:.:::.:.:.:.:.:::::::g':;IIt.~: $496,682 2,250 .................................... ... ................................... .................................... U..Hn.,.......j~9~;~g~: ......U......~~?1,~~i. .....UU...:::,:e~~;i~g: 0.30% 346,67% MONTHLY FINANCIAL REPORT - SEPTEMBER 2002 Re-zoning $16,000 $9,007 $16,000 $11,500 -21,68% Plat Fee/Site Plan 21,000 21,224 16,000 16,840 26.03% Board of Adjustment 1,250 1,300 1,000 875 48.57% Sale of Material 2,000 2,600 3,000 3,847 -32.41 % Weed Mowing 3,000 3,347 2,000 1,026 226.22% Animal Impoundment 3,650 3,336 3,495 4,610 -27,64% Ambulance 67,938 75,064 74,718 69,541 7.94% Recreation Program 130,450 145,616 140,810 134,105 8.58% Non-Resident Fee Parks 17,500 18,955 19,000 9,160 106.93% Field Use Charge 21,000 20,330 20,000 18,375 10.64% Engineering & Inspection 95,000 217,268 193,390 92,161 135.75% Chgs & Reimbursements 13,000 26,254 22,884 4,305 509.85% Community Center Rental 170,000 169,146 161,000 158,451 6,75% Lot Drainage Insp Fee 28,125 17,375 15,000 23,500 -26.06% :]gmAhPm&R@g$:ij9R~~$Mig~)):::,~i;g~~::i):):~?~g;~g@1:f:::Iij~@~~:::} ., .":.i;g~$.::::::::::: ,1.3,~4: DARE Officer Reimb $63,814 $63,857 $63,814 $60,775 5.07% .................. . ..................................... !~!*@ltifr~R$.@0i$.tilMR~[Ap:::::::~~;~j" ................................... H:::~Q;l~~:: ::U:::::::::::ijiMr.~: Sale of Surplus Property Interest Income Miscellaneous Use of Fund Balance Celebrate Colleyville Contributions Murray Const Lawsuit Settlement Tower Rental $10,000 255,000 15,500 150,000 22,500 o 68,400 ......................................,.-...........................,............ ...... ......................................... :[Qm~~M!~9g~i@jmgm~'f:~~2;ii#:Q9 Transfer from Utility Fd $443,619 $13,692 243,045 30,238 o 11,715 o 54,429 $448,635 $13,692 255,000 25,280 o 11,715 o 55,348 $8,870 296,760 14,671 195,000 21,440 150,000 50,597 54,36% -18.10% 106.11% 0.00% -45.36% -100,00% 7,57% ...................................... ,.:I~~j;Q~~: ................................ .." ............................... },.:.t~tj~~i: ::::::t~;:i:1f.~: $448,635 $513,276 ..... . . ...... mgi$.g~!j$lflS:R$:) ............................... ...... .................. .......:))...:)..h~~;9MH ......:n:<::i"~~;~$~:.:::: ::::~M~~~~:: nhh:H:.it~;I.:r~: .............. .,........,..,........,...................-...........,................... .............................................. ................................ ..................-................... ..,...........,......................... mqTf.4@~NmR&4F9M?R~V$Ng$$.......,.....'..... .........,....,~~:;~g$j;,,~.'.....'.....' ....$1.~.../t1~;jg~....'. ,.....~1j;'ti~@~~: .....'....:I,:Q,~~;"QQn -12,59% ,. ,.:::t11;~IW :,,;gjf.~: MONTHLY FINANCIAL REPORT - SEPTEMBER 2002 TOTAL PERCENT FY 2002 THROUGH THROUGH INCREASE INCREASE BUDGET 9/30/02 9/30/01 (DECREASE) (DECREASE) % OF CURRENT TAX ROLL COLLECTED 99% 98,33% 98,83% -0.50% -0,51% RESIDENTIAL BLDG PERMITS 225 132 183 (51) -27.87% COMMERCIAL BLDG PERMITS 5 14 6 8 133.33% PLUMBING PERMITS 964 1,025 1,037 (12) -1.16% ELECTRICAL PERMITS 510 467 503 (36) -7.16% CITATIONS ISSUED 9,600 8,597 8,152 445 5.46% CITATIONS APPEALED 132 125 154 (29) -18,83% City Council and Secretary City Manager Finance Legal Economic Development Engineering Building Inspection Community Development Fire Police Parks Recreation Marketing Community Center Streets & Drainage Municipal Court Fleet Maintenance Performance $269,823 563,192 499,567 80,000 145,149 646,561 315,041 390,965 2,780,710 3,001,512 1 ,123,656 309,187 115,092 311,257 1,112,908 150,077 182,007 o $256,977 548,702 490,324 90,061 144,922 589,560 289,768 378,897 2,774,309 2,994,084 972,687 293,129 111,341 290,488 1,037,306 149,927 181,650 o .....'..'...-...-.-...-...'...-...-.-...-.....'...'...-.'.-.-.', :..:....::.:..::$jj}$,$#i1$?: $257,177 549,102 490,424 90,061 144,922 591,560 290,775 381,069 2,775,109 2,995,637 972,687 293,286 111 ,489 290,663 1,060,756 150,002 181,904 o .-.-----.....-----.. .--.---_......, ..................................... ...................................... .'. .............$.. .1...'1....6.. .2"'6. ....6.. .2"'3. ...... ......... ... . .. .......... ... . .. . .. ......... . ... . . .. .. :::::: ::~ :~: ::} ~.: .:: ~:: /.: :?:::::::.::~: :}:.:::: ;.::~: ~:: :~:~: 95.2% 97.4% 98.1% 112.6% 99.8% 91,2% 92.0% 96,9% 99.8% 99.8% 86,6% 94,8% 96,7% 93.3% 93.2% 99.9% 99,8% 0,0% $12,846 14,490 9,243 (10,061) 227 57,001 25,273 12,068 6,401 7,428 150,969 16,058 3,751 20,769 75,602 150 357 o ........---_........-.............. ...................................... ..................................... ,....',....',........'...."4<';jjA~..i::;.m:',',' ~~~~~::~:~]: ~~:~::~::~::~]:~::~~~~~?t~: m~ MONTHLY FINANCIAL REPORT - SEPTEMBER 2002 Water Sales Sewer Sales Sewer Installation Water Installation Sewer Tie-on Charges Engineering Charges Penalties Miscellaneous $5,493,866 1,706,006 22,500 61,600 20,000 35,000 158,838 8,250 $5,633,721 1,831,538 19,801 40,450 70,201 100,053 128,032 12,574 $5,493,866 1,706,006 22,500 61,600 20,000 35,000 158,838 8,250 $5,735,718 1,765,932 23,200 47,520 44,036 44,839 157,210 9,115 -1.78% 3,72% -14,65% -14.88% 59.42% 123.14% -18.56% 37,95% ............ ...... :::::::9.;j,r.~ -37.01 % GALLONS OF WATER SOLD NUMBER OF WATER CUSTOMERS THROUGH 9/30/02 THROUGH 9/30/01 1,562,040,390 1,697,922,600 7,622 7,443 TOTAL INCREASE (DECREASE) (135,882,210) 179 PERCENT INCREASE (DECREASE) -8,00% 2.40% Administration Billing Operations Debt Service Performance Pay Transfer to General Fund $176,943 184,333 5,247,262 1,254,335 o 443,619 $139,169 181,214 5,250,253 1,080,227 o 443,619 $145,007 182,018 5,247,262 1,080,227 o 443,619 78,65% 98.31% 100.06% 86,12% 0,00% 100.00% $37,774 3,119 (2,991) 174,108 o o .......................... ........ ..... ................... ......... .,..', ", ..,',...,'. ....$.Z.. "'1"'2" ....0.."1.. 0" '..,'.' . . . . . .. . . . . . . . .' . . . .... ......... ... ... ~::~~}.~~:~~:~~~~:~~:~~~~~:~~~...:::.::;::.::;::)::::.:::.::..;.:~~~~~ CITY COUNCIL cce~ "TcJOa$ AGENDA BRIEFING MEETING DATE: I ITEM # : I ! REPORT # : 10/15/02 10 CITY MANAGER ! DEPARTMENT HEAD I ! FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE N/A SUBJECT: Solid Waste and Recycling Report The following report is an overview of the new solid waste and recycling contract, focusing on the transition, issues and performance of the new company in the areas of recycling, residential and commercial services and citizen comment. Backaround On September 1, 2002, Independent Environmental Services, Inc. (IESI) began the new solid waste and recycling contract for the City of Colleyville. To inform the public of the transition, the City used the following communication tools: . Website . Public Access Cable Channel . Homeowner Association Updates (HOA) . The Colleyville Source . The Colleyville Communicator In addition to the City's efforts, IESI ran ads in the Fort Worth Star Telegram and the Colleyville Courier. IESI also distributed information in recycle bins to each resident. Recvclina Recycle bins were distributed the week prior to September 1. After receiving a recycle bin, citizens were able to request additional bins by calling IESI directly. The additional recycle bins were delivered by September 16. Since September 16, the City has received a few calls regarding recycle bins that were not delivered; however, IESI responded to each call. Currently, citizens may pick up additional bins at City Hall. Residential Due to the Labor Day holiday, residential collection began on Tuesday, September 3, 2002. During the first few weeks, Monday collection was completed between the hours of 5:00 p.m. and 6:00 p.m.; however, the time of completion has steadily decreased to the 5:00 p.m. requirement. Thursday collection has always been picked up by 5:00 p.m. Commercial The transition for commercial service began prior to September 1. Prior to the start of the new contract, IESI contacted each commercial entity to ensure a container was available upon the removal of the existing container. The City is aware of five locations that did not receive containers as the existing containers were removed. Upon notification, IESI promptly delivered a new container. Citizen Comment The City received approximately 100-125 phone calls requesting information or inquiring about service during the transition. Utility Billing primarily handled these calls. Other departments that handled questions were Municipal Court, City Manager's Office, Public Works, Community Development and Police. All departments stayed informed about the transition and were prepared to answer citizen's questions. Staff has received 23 complaints during the month of September. Complaints included missed garbage, missed recycling, damages or loss and late or incomplete pick-ups. The chart below shows a historical comparison of complaints beginning in April 2002. 25 20 15 5 10 o April May June July August September Conclusion Overall, staff feels that the transition has been smooth and is pleased with the performance of IESI. Staff will continually monitor IESI's performance and provide you with quarterly reports. Should you have any questions or need additional information, please contact me. citY Of ilC9 Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, August 19, 2002 6:30 p.m. Chairman Joe Noorlag called the meeting to order at 6:42 p.m. on Monday, August 19, 2002 at the Colleyville Community Center. ROLL CALL: Members: Mayor Pro Tem Ginny Tigue, Tom Cicherski, Meg Davis, Chris Foy, Jim Messina, Bill Mitchell, Joe Noorlag, Chuck Thomas, and GiI Turner ABSENT: None STAFF: Dianne McWethy, Deputy City Manager, Monica Sue Walsh, Parks and Recreation Manager, Craig Dishman, Recreation Supervisor and Barbara Werner, Administrative Secretary 1. Call to Order 2. Approval of the July 1, 2002 Minutes Jim Messina moved to approve the July 1, 2002 Parks and Recreation Advisory Board Minutes and Chuck Thomas seconded the motion. The vote was unanimous. 3. Discussion and Consideration of approving the McPherson Park Master Plan Since October 2001, the McPherson Park Master Plan Committee has been meeting to develop a Master Plan that addresses both the current and future recreational and athletic needs of the City. The plans were submitted to Karl von Bieberstein of Newman, Jackson, Bieberstein, Inc. for refinement to reflect the program elements desired by City staff and the committee. Karl von Bieberstein reviewed the planning process, the proposed Master Plan including park elements, phases for development and preliminary cost estimates of the park. Parks and Recreation Advisory Board Meeting August 19, 2002 Page 2 Jim Messina moved to approve the McPherson Park Master Plan and submit it to City Council. Tom Cicherski seconded the motion. The vote was unanimous. 4. Recreation, Athletics, Tennis and Seniors' Reports Craig Dishman, Recreation Supervisor provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. 5. Park Operations and Capital Improvement Status Reports Monica Sue Walsh, Parks and Recreation Manager presented a status report on current projects. 6. Other Informational Items 7. Adjournment Jim Messina moved to adjourn at 7:30 p.m. and Meg Davis seconded the motion. The vote was unanimous. Respectfully submitted and approved: ~,!lIUJJ UJ.l.kAA,(A,J Barbara Werner, Administrative Secretary citY Of ilC9 Texas PARKS AND RECREATION ADVISORY BOARD MINUTES VVednesday,August21,2002 6:00 p.m. Vice-Chairman Bill Mitchell called the meeting to order at 6:00 p.m. on Wednesday, August 21, 2002 at the Parks and Recreation office. ROLL CALL: Members: Mayor Pro Tem Ginny Tigue, Tom Cicherski, Meg Davis, Chris Foy, Jim Messina, Bill Mitchell, and Chuck Thomas ABSENT: Joe Noorlag and Gil Turner STAFF: Dianne McWethy, Deputy City Manager, Monica Sue Walsh, Parks and Recreation Manager, Craig Dishman, Recreation Supervisor and Barbara Werner, Administrative Secretary 1 . Call to Order 2. Prioritizing Parks and Recreation Projects Since the Cotton belt Trail, Phase 3 and the Little Bear Creek Trail Extension Project are works in progress, Chris Foy moved to remove these projects from the list and rank the remaining ten items. Jim Messina seconded the motion. The vote was unanimous. The board ranked the following priorities in order with number one being the highest. Recreation Center 1 Sneed Property 2 McPherson Phase 1 3 Parkland Purchase 4 ADA Improvements 5 McPherson Phase 2 6 Bransford Park Phase 2 7 Pleasant Run Park 2 8 McPherson Phase 3 9 McPherson Phase 4 10 Parks and Recreation Advisory Board Meeting August 21, 2002 Page 2 3. Adjournment Chuck Thomas moved to adjourn at 7:40 p.m. and Tom Cicherski seconded the motion. The vote was unanimous. Respectfully submitted and approved: ~~tlJ UJ.e,/(AA(.t.7 Barbara Werner, Administrative Secretary citY Of ilC9 Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, September 9,2002 7:00 p.m. Chairman Joe Noorlag called the meeting to order at 7:00 p.m. on Monday, September 9, 2002 at the Parks and Recreation office. ROLL CALL: Members: Tom Cicherski, Nancy Coplen, Meg Davis, Chris Foy, Jim Messina, Bill Mitchell, Joe Noorlag, Chuck Thomas, and Gil Turner ABSENT: Mayor Pro Tem Ginny Tigue STAFF: Dianne McWethy, Deputy City Manager, Monica Sue Walsh, Parks and Recreation Manager, Craig Dishman, Recreation Supervisor and Barbara Werner, Administrative Secretary 1 . Call to Order 2. Approval of the August 19, 2002 and August 21,2002 Minutes Chuck Thomas moved to approve the August 19, 2002 and the August 21, 2002 Parks and Recreation Advisory Board Minutes and Jim Messina seconded the motion. The vote was unanimous. 3. Discussion and consideration of the Game Field Use Committee Report. Monica Sue Walsh gave an overview of the report from the Game Field Use Committee which was established in March 2002 to identify Colleyville youth sports association's current and future needs, use of game fields, practice areas and practice alternatives. The committee also reviewed City ordinances and resolutions related to these areas. Jim Messina moved to approve the Game Field Use Committee Report as written with corrections and with the recommendation that the $83,000 cost be identified as a potential cost rather than an actual calculated cost. Meg Davis seconded the motion. Parks and Recreation Advisory Board Meeting September 9,2002 Page 2 Due to the board wishing further discussion, Jim Messina withdrew his motion and Meg Davis withdrew her second. After further discussion by the board, Jim Messina moved to approve the Game Field Use Committee Report with the following amendments: 1. Recommendation number 1 is moved to a conclusion 2. Accept all other recommendations listed 3. Recommendation number 3 to read as follows: "remove all fees from ordinances 0-02-1339 and Resolutions that are not directly associated with Youth Sports Associations and all other amendments" Meg Davis seconded the motion. Jim Messina also requested to amend the motion to state that contrary to staff's conclusion, the committee deems some practice on the game fields at City Park and Pleasant Run is appropriate. Meg Davis seconded the amended motion. The vote was unanimous. 4. Discussion and consideration of approval for the use of Voluntary Park Fund monies to construct drive approaches off Bogart St. Colleyville Peewee Football Association has requested some improvements for their program. This improvement is to alleviate the parking problems off Bogart Street. The cost estimate is for two approaches to the property to provide adequate ingress/egress to the site and to maintain proper drainage along Bogart Street. The recommendation is to approve funding from the Voluntary Park Fund in an amount not to exceed $10,000 to construct drive approaches off Bogart Street. At this time GCISD is reviewing this project request for approval. Meg Davis moved to approve to deny agenda item number 4 contingent on asking the Colleyville Peewee Football Association to share dollar for dollar or 50% participation. The motion was not seconded. Meg Davis withdrew her motion. After further discussion by the board, Gil Turner moved to approve this recommendation contingent upon Colleyville Peewee Football Association funding this at a 50% split with the Voluntary Park Fund. Meg Davis seconded the motion. The vote was unanimous. 5. Discussion and consideration of proposed donation from Burlington Northern Santa Fe Railway Company. Daria Denison has been working very diligently for approximately a year with Burlington Northern Santa Fe to donate a railroad car for Bransford Park. As of Parks and Recreation Advisory Board Meeting September 9,2002 Page 3 last month, Ms Denison and Mr. Matt Rose, CEO of BNSF completed the details required by the City to donate a caboose to Bransford Park. BNSF will paint, transport, and put the caboose on the track at no cost to the City. There will be a plaque placed at the site recognizing all the individuals that helped make this happen. Chuck Thomas moved to accept the donation from the Burlington Northern Santa Fe Railway Company. Gil Turner seconded the motion. The vote was unanimous. 6. Discussion and consideration of approval for the use of Voluntary Park Fund monies for a fence surrounding the caboose to be located at Bransford Park. The Webb House Rehabilitation Plan specifies a white picket fence to surround the house. Staff recommends that this same style fence be installed around the caboose. The fence is needed for security and safety. Staff is requesting that up to $5,000 be allocated out of the Voluntary Park Fund to install the fence. Meg Davis moved to approve the use of Voluntary Park Fund monies for a fence surrounding the caboose to be located at Bransford Park. Gil Turner seconded the motion. The vote was unanimous. 7. Recreation, Athletics, Tennis and Seniors' Reports Craig Dishman, Recreation Supervisor provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. 8. Park Operations and Capital Improvement Status Reports Monica Sue Walsh, Parks and Recreation Manager presented a status report on current projects. 6. Citizen comments/presentations regarding items not on the agenda 7. Adjournment Jim Messina moved to adjourn at 9:05 p.m. and Gil Turner seconded the motion. The vote was unanimous. Respectfully submitted and approved: ~kfL, tlhkAAt.~_' Barbara Werner, Administrative Secretary RESOLUTION R-02-2046 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF OCTOBER 15, 2002 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF _ AYES, NAYS, AND ABSTENTIONS. 2002, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor