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AGENDA
CITY COUNCIL MEETING
5400 BRANSFORD ROAD
NOVEMBER 6, 2002
5:15 P.M. - 6:30 P.M. - PRE-COUNCIL AGENDA
PC -1. Discussion of the Colleyville Justice Center construction project
PC -2. Discussion of the Colleyville Crime Control and Prevention District (CCCPD)
sales tax election
PC -3. Discussion of November 6,2002, 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. 551.074 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
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: Reverend Lee Johnson, Bear Valley Community 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 "National French Week Festival" - Caryn
Kemplin, student, Covenant Christian Academy
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-02-2047- Consent Items:
a. Approval of minutes of the regular City Council meeting of October 15,
2002
b. Approval of minutes of the Colleyville City Council and Planning and
Zoning Commission Worksession of October 22, 2002
c. Approval of a safekeeping custody agreement with JP Morgan Chase
Bank for investment purchases
d. Approval of an Encroachment and Joint Use Agreement of Public Right-of-
Way with the Woods of Colleyville Homeowner's Association, Case G-02-
028
PUBLIC HEARINGS:
4. SECOND 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
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1371- Approval of
the Special Use Permit for a Carport on Lot 25R, Block 1, Rustic Oaks Addition,
located at 209 Valley View Drive South, Case Z-02-026
6. FIRST READING AND PUBLIC HEARING - Ordinance 02-1372 - Amending
Ordinance 0-02-1339 relative to fees and reservations for the use of park athletic
and recreation facilities
7. FIRST READING AND PUBLIC HEARING - Ordinance 02-1373 - Amending
Ordinance 0-02-1362 setting fees and charges for city services and facilities
8. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1374 - Amending
0-01-1284 approving the Village Monticello Partners, Ltd., Village Management
Ltd., Village Owner's Association (VOA), and Realty Capital Corporation
City/Developer Agreement
9. READING AND PUBLIC HEARING - Resolution R-02-2048 - Approval of a
waiver of perimeter street improvement requirements on Lot 2R-1, Block 1,
Pleasant Oaks Estates, located at 511 Shelton Road
10. READING AND PUBLIC HEARING - Resolution R-02-2049 - Approval of an
Interlocal Agreement with Tarrant County for Bandit Trail Road Improvements, in
an amount not to exceed $3,000
11. READING AND PUBLIC HEARING - Resolution R-02-2050 - Approval of the
Greater Dallas-Fort Worth Regional Law Enforcement Interlocal Assistance
Agreement
12. READING AND PUBLIC HEARING - Resolution R-02-2051 - Approval of the
Memorandum of Understanding with Herman Smith Company, Ltd., for the
completion of the Riverwalk Drive
13. READING AND PUBLIC HEARING - Resolution R-02-2052 - Authorization for
the City Manager to initiate proceedings for the refunding of the outstanding 1975
General Obligation Bonds, 1975 Waterworks and Sewer System Revenue
Bonds, 1975-A Waterworks and Sewer System Revenue Bonds and 1981
Waterworks and Sewer System Revenue Bonds
REPORTS:
14. LIBRARY BOARD MINUTES - September 9, 2002
TRAFFIC SAFETY ADVISORY TASK FORCE MINUTES - October 14, 2002
PLANNING AND ZONING COMMISSION MINUTES - October 14, 2002
CITIZEN COMMENTS:
15. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
16. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 6, 2002 -
Reading and Public Hearing - Resolution R-02-2053
ADJOURNMENT:
17. ADJOURNMENT
I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, November 1,
2002, at 4:30 p.m.
qq.
Cynthia Singleton, TRM
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
CiCf Of
CC@U<e AGENDA BRIEFING
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MEETING DATE: i
ITEM # :
11/06/02
PC-1
CITY MANAGER
DEPARTMENT HEAD
FINANCE REVIEW i N/ A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT : Discussion of the Colleyville Justice Center
construction project
This item provides the opportunity for the City Council to discuss the Colleyville Justice Center
construction project.
PRE-COUNCIL
ci.tr Of
CCeU<e AGENDA BRIEFING
Tn.::;):;
MEETING DATE: i
ITEM # : I
11/06/02
PC-2
CITY MANAGER ;
DEPARTMENT HEAD
FINANCE REVIEW ! N/ A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT : Discussion of the Colleyville Crime Control and
Prevention District (CCCPD) sales tax election
This item provides the opportunity for the City Council to discuss the Colleyville Crime Control
and Prevention District (CCCPD) sales tax election.
PRE-COUNCIL
cce1<e AGENDA BRIEFING
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MEETING DATE:
ITEM # :
11/06/02
PC-3
CITY MANAGER -e-
DEPARTMENT HEAD 6b
FINANCE REVIEW N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Discussion of November 6, 2002, City Council
regular agenda items
This item provides the opportunity for the City Council to discuss the November 6, 2002, City
Council regular agenda items.
CITY COUNCIL
cce<e AGENDA BRIEFING
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MEETING DATE: !
ITEM#: I
RESOLUTION #: i
11/06/02
1
N/A
CITY MANAGER !
DEPARTMENT HEAD i {Jb
FINANCE REVIEW i 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. 551.074 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Personnel - City Manager Performance Evaluation
Sec. 551.071 -
CITY COUNCIL
city Of
CCeC1l AGENDA BRIEFING
'(.'X;):;
MEETING DATE: 11/06/02 CITY MANAGER i
ITEM # : 2 DEPARTMENT HEAD i r0
RESOLUTION #: N/A FINANCE REVIEW i N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT : CORRESPONDENCE, MISCELLANEOUS
REPORTS OF MEETINGS ATTENDED BY THE
COUNCIL AND CITY OFFICIALS AND
ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENT A TIONS
PROCLAMATION -
In recognition of "National French Week" - Caryn Kemplin, student
at Covenant Christian Academy
roclamation
CITY OF
Colleyville,
Texas
WHEREAS: the week of November 7 - 13, 2002, has been
designated by the City of Colleyville as National French Week at the
Covenant Christian Academy; and
WHEREAS, this is an event for all ages, and will include presentations on French
music, art, sports, science, and food; and
WHEREAS, this is a wonderful opportunity for the citizens of colleyville to experience
the many cultural aspects of the beautiful country of France and indulge in
wonderful French cuisine.
NOW, THEREFORE, I, DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE,
TEXAS, on behalf of the Colleyville City Council and citizens of
Colleyville, do hereby proclaim November 7 - 13, 2002, to be
NATJONAL FRENCH WEEK
and on November 7,2002, there wiUbe an Open House at the Covenant
Christian Academy for friends and family to broaden their appreciation of
. French culture.
"'" ---~.." .,...
IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville,
Texas, affixed this 6th day of November 2002.
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RESOLUTION R-02-2047
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF NOVEMBER 6, 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 15, 2002,
are hereby approved.
b.
THAT the minutes of the Colleyville City Council and Planning and Zoning
Commission Worksession of October 22,2002, are hereby approved.
c.
THAT the safekeeping custody agreement with JP Morgan Chase Bank for
investment purchases, is hereby approved.
d.
THAT the Encroachment and Joint Use Agreement of Public Right-of-Way
with the Woods of Colleyville Homeowner's Association, is hereby
approved.
AND IT IS SO RESOLVED.
2002, BY A VOTE OF
ABSTENTIONS.
APPROVED THIS
AYES,
DAY OF
NAYS, AND
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
OCTOBER 15, 2002
The Pre-Council meeting of the Colleyville City Council was called to order by Mayor
Arp on October 15, 2002, at 5:17 p.m.
ROLL CALL:
Councilpersons Joe Hocutt, Rich Hendler, Richard Newton and
Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City
Manager Bill Lindley, Deputy City Manager Dianne McWethy,
Community Development Director Barry LeBaron, Director of Public
Works Keith Fisher, Fire Chief Mike Johnston, Interim Community
Development Manager Clayton Husband, Financial Analyst Collin
Boothe, Records Manager Matt Denton, Administrative Assistant
Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia
Singleton were also present.
Councilman Brad Rice was absent.
PC.-1 Discussion of the proposed Ethics Ordinance
There was general discussion regarding the proposed Ethics Ordinance.
PC.-2 Discussion of the Riverwalk Drive extension
There was general discussion of the Riverwalk Drive extension.
PC.-3 Discussion of October 15, 2002, City Council regular agenda items
There was general discussion regarding the regular agenda items.
Mayor Arp declared the meeting adjourned at 6:25 p.m.
CITY COUNCIL MINUTES
OCTOBER 15, 2002
The regular meeting of the Colleyville City Council was called to order by Mayor Donna
Arp on October 15 2002, at 6:48 p.m.
ROLL CALL:
Councilpersons Joe Hocutt, Brad Rice, Rich Hendller, and Mayor
Pro Tem Ginny Tigue were present. Mayor Donna Arp, City
Manager Bill Lindley, Deputy City Manager Dianne McWethy,
Community Development Director Barry LeBaron, Interim
Community Development Manager Clayton Husband, Public Works
Manager Kelly Howell, Fire Chief Mike Johnston, Financial Analyst
Collin Boothe, Records Manager Matt Denton, Administrative
Assistant Cindy Martin, City Attorney Ross Foster and City
Secretary Cynthia Singleton were also present.
Councilman Newton arrived at 7:56 p.m.
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 -
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 6:50 p.m. and reconvened at 7:40 p.m.
The invocation was given by Mayor Donna Arp, 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 Proclamation to Mr. John Nasr, President of Students Against
Destructive Decisions (SADD) in recognition of "Red Ribbon Week" at Colleyville
Heritage High School.
2
CITY COUNCIL MINUTES
OCTOBER 15, 2002
Mayor Arp presented a Proclamation to Mr. Steve Jacobs Chairman, Colleyville Area
Chamber of Commerce, in recognition of Chamber of Commerce week.
Mr. Mickey Flood, President, IESI Corporation along with Ms. Ellen Flood, Mr. Bob
Kneis and Mr. Keith Cordesman, made a donation, in the amount of $30,000, for a
fountain sculpture, which will be placed at the Colleyville Public Library.
Mayor Arp announced that the 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
Mayor Arp opened the public hearing and read Resolution R-02-2042 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
City Attorney Ross Foster stated he composed the Shadowood Trail Condominium
Easement Agreement.
Councilman Hocutt moved to approve Resolution R-02-2042.
3
CITY COUNCIL MINUTES
OCTOBER 15, 2002
Mayor Pro Tem Tigue seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1369 -
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.
Councilman Hocutt moved to approve Ordinance 0-02-1369.
Councilman Newton seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
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
Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1370.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mr. Johnny Stowe, 4021 Pineridge, Garland, Texas, applicant, was present to answer
questions of the Council.
Discussion ensued regarding the hours of operation, overnight parking, length of
Special Use Permit, disposal of hazardous materials and ingress and egress.
Council requested that staff provide information regarding landscaping on the property.
4
CITY COUNCIL MINUTES
OCTOBER 15,2002
Council requested that staff revise the proposed Ordinance to include provisions for
building color, hours of operation, landscaping, timeframe for the Special Use Permit,
and that the Special Use Permit applies to Building B.
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
Mayor Arp opened the public hearing and read Resolution R-02-2043 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mr. Ernest Hedgcoth, representing the applicant, Mr. Cunningham, was present to
answer questions of the Council.
Discussion ensued regarding open space, the drainage plan and a homeowner's
association.
Councilman Hocutt moved to approve Resolution R-02-2043.
Mayor Pro Tem Tigue seconded the motion.
Ayes: Councilpersons Hocutt, Rice, and Mayor Pro Tem Tigue
Nays: Council persons Hendler and Newton
Mayor Arp declared the motion carried.
7. READING AND PUBLIC HEARING - Resolution R-02-2044 - Consideration of
appointment to the Metroport Teen Court Advisory Board
Mayor Arp opened the public hearing and read Resolution R-02-2044 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 moved to approve Resolution R-02-2044 with the appointment of
Linda Eilenfeldt and Councilman Joe Hocutt to the Metroport Teen Court Advisory
Board.
Councilman Rice seconded the motion.
Councilman Hocutt declined the nomination.
5
CITY COUNCIL MINUTES
OCTOBER 15, 2002
Mayor Pro Tem Tigue withdrew the nomination of Councilman Hocutt.
Mayor Pro Tem Tigue made a friendly amendment for Councilman Hocutt to serve as
Council Liaison to the Metroport Teen Court Advisory Board.
Councilman Rice accepted the friendly amendment.
Council requested that staff re-advertise to fill the remaining position.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
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
Mayor Arp opened the public hearing and read Resolution R-02-2045 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Hocutt requested that staff include, in the briefing, field and property
maintenance to services under consideration.
Councilman Newton moved to approve Resolution R-02-2045.
Councilman Hocutt seconded the motion.
Discussion ensued regarding cost savings as a result of partnering with the school
district.
City Manager Bill Lindley expressed appreciation to staff and school district officials for
developing methods to lower the cost of services and increase the level of service.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the motion carried.
6
CITY COUNCIL MINUTES
OCTOBER 15, 2002
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
Councilman Hocutt moved to remove this item from the table.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
Mr. Larry Cole, 6420 Remington Parkway, applicant, presented an overview of the
proposed residential and commercial development plans and was present to answer
questions of the Council.
Discussion ensued regarding masonry, minimum dwelling unit size, minimum
commercial building size, side and front entry garage doors and topography.
Councilman Brad Rice proposed the following amendments to Ordinance 0-02-1366:
Section 2, item 3: add i. Primary roof pitch - 10:12 pitch. Add j. - All chimneys shall
be constructed of brick, stone, stucco or other masonry material. Add k. No more than
40% of residential development should be front entry garages and garage doors should
be constructed of wood or wood faced steel; 90% first floor, less windows or doors, shall
be constructed of brick, stone, stucco or other masonry.
Section 3, item 3: Conceptual Site plans and Platting - add d. Sub area 1 shall consist
of retail or restaurants; along Precinct Line Road, the building floor area in the front two
hundred fifty (250) feet shall consist of sales tax-generating retail uses. Sub area 2
shall consist of office/warehouse or retail space. Sub area 3 shall consist of retail and
restaurant only.
Section 3, item 2: Add c. Sub area 3 permitted uses allowed by right, 1. all uses allowed
in the CC 1-C2 District.
Mayor Pro T em Tigue moved to approve Ordinance 0-02-1366 with the amendments
as outlined above.
Councilman Hocutt seconded the motion.
Councilman Hocutt made a friendly amendment to Sub area 3: add eighty percent of the
building floor shall consist of sales tax-generating retail.
7
CITY COUNCIL MINUTES
OCTOBER 15, 2002
Mayor Pro Tem Tigue accepted the friendly amendment.
Ayes: Councilpersons Hocutt, Rice and Mayor Pro Tem Tigue
Nays: Councilpersons Hendler and Newton
Mayor Arp declared the motion carried.
STAFF REPORTS
1 o. MONTHLY FINANCIAL REPORT
SOLID WASTE AND RECYCLING REPORT
Councilman Rice requested that the City's website include information regarding the
process for obtaining additional recyling bins.
Mayor Arp invited citizens to participate in the Colleyville Proud Trash Off October 26,
2002, at 9 a.m. at City Park.
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
There was no one present wishing to speak.
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
This Resolution was not needed.
ADJOURNMENT:
14. ADJOURNMENT
There being no further business before the City Council, Councilman Newton
moved to adjourn.
8
CITY COUNCIL MINUTES
OCTOBER 15, 2002
Councilman Mayor Pro Tem Tigue seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the meeting adjourned at 10:29 p.m.
APPROVED THIS
AYES,
DAY OF
NAYS AND
2002, BY A VOTE OF
ABSTENTIONS.
Minutes taken and prepared by:
Cynthia Singleton, TRMC
City Secretary
9
MINUTES OF THE
JOINT CITY COUNCIL AND PLANNING AND ZONING COMMISSION
WORKSESSION
OCTOBER 22, 2002
The Joint City Council and the Planning and Zoning Commission worksession was
called to order by Mayor Arp at 6:31 p.m.
ROLL CALL:
Mayor Donna Arp, Mayor Pro Tem Ginny Tigue, Councilpersons
Joe Hocutt, Brad Rice, Richard Newton and Rich Hendler, Planning
and Zoning Commission members Bruce Kelly, Jeffrey Wall, Mark
Jones, Bud Sellers and Bob Culley were present. City Manager Bill
Lindley, Deputy City Manager Dianne McWethy, Community
Development Director Barry LeBaron, Interim Community
Development Manager Clayton Husband and Senior Planner Tom
Niederauer were also present.
Members of the City Council, Planning and Zoning Commission and City staff were
introduced.
II. Discussion of the Update of the City of Colleyville Comprehensive Master Plan
City Manager Bill Lindley identified objectives for the worksession.
Mayor Arp called a recess at 6:40 p.m. and reconvened at 6:45 p.m.
Community Development Director Barry LeBaron presented an overview of the City of
Colleyville Comprehensive Master Plan.
Discussion ensued regarding property values, percentage of commercial space,
topography, density, and methods of obtaining citizen input and providing information to
citizens.
Staff will provide a summary of the meeting and forward to Council in the near future.
Mayor Arp thanked the Planning and Zoning Commission members for their assistance.
CITY COUNCIL AND PLANNING AND
ZONING COMMISSION WORKSESSION
OCTOBER 22, 2002
V. Adjournment
Mayor Arp declared the meeting adjourned at 8:15 p.m.
APPROVED THIS
AYES,
DAY OF
NAYS AND
2002, BY A VOTE OF
ABSTENTIONS.
Minutes taken and prepared by:
Dianne McWethy
Deputy City Manager
2
CITY COUNCIL CC@il<e AGENDA BRIEFING
11..';>;;:\:50
MEETING DATE: 11/06/02 CITY MANAGER
ITEM # : 3c DEPARTMENT HEAD I
RESOLUTION # :
R-02-2047
FINANCE REVIEW I
N/A
Previous Action: None
DEPARTMENT: FINANCE
SUBJECT : Approval of a safekeeping custody agreement with
JP Morgan Chase Bank for investment purchases -
by Consent
Reading and Public Hearing
JP Morgan Chase Bank, the City's safekeeping agent of investment purchases, recently
updated its safekeeping custody agreement. Attached is the agreement for Council
consideration.
Recommendation
Approval
Attachments
. Custody Agreement
CUSTODY AGREEMENT
Custody Agreement (the "Custody Agreement") dated as of the effective date (the
"Effective Date") set forth on Schedule 1 attached hereto ("Schedule 1 ") by and between the
company identified on Schedule 1 (the "Company") and lPMorgan Chase Bank, as custodian
hereunder (the "Custodian").
WHEREAS, Company is desirous of appointing the Custodian as its agent to hold assets subject
to the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants hereinafter
set forth, the parties hereto agree as follows:
1. Appointment. The Company hereby appoints the Custodian as the custodian for the
purposes set forth herein, and the Custodian hereby accepts such appointment under the terms
and conditions set forth herein.
2. Custody Account. The Custodian will establish and maintain one or more custody
accounts (the "Accounts") in the name of the Company for the purpose of holding cash and
securities deposited with the Custodian.
3. Investment of Account. During the term of this Custody Agreement, cash in the
Account shall be invested and reinvested by the Custodian in the investment indicated on
Schedule 1 or such other investments as shall be directed in writing by the Company and as shall
be acceptable to the Custodian. All investment orders involving U.S. Treasury obligations,
commercial paper and other direct investments may be executed through broker-dealers selected
by the Custodian (which may include affiliates of the Custodian). Periodic statements will be
provided to Company reflecting transactions executed in the Account. The Company, upon
written request, will receive a statement of transaction details upon completion of any securities
transaction in the Account without any additional cost. The Custodian shall have the right to
liquidate any investments held in order to provide funds necessary to make required payments
under this Custody Agreement. The Custodian shall have no liability for any loss sustained as a
result of any investment in an investment indicated on Schedule 1 or any investment made
pursuant to the instructions of the Company hereto or as a result of any liquidation of any
investment prior to its maturity or for the failure of the Company to give the Custodian
instructions to invest or reinvest.
4. Use of Depositories; Nominee Name. (a) The Custodian may deposit securities with,
and hold securities in, any securities depository, settlement system, dematerialized book entry
system or similar system (together a "Securities Depository") on such terms as such systems
customarily operate and the Company will provide the Custodian with such documentation or
acknowledgements that the Custodian may require to hold the securities in such systems. The
Custodian will have no responsibility for any act or omission by (or the insolvency of) any
Securities Depository. In the event the Company incurs a loss due to the negligence, willful
misconduct, or insolvency of a Securities Depository, the Custodian will make reasonable
endeavors, in its discretion, to seek recovery from the Securities Depository.
249982v3
(b) The Custodian is authorized, in its discretion, to hold in bearer form, such securities as are
customarily held in bearer form and to register in the name of the Company, the Custodian, a
Securities Depository, or their respective nominees, such securities as are customarily held in
registered form. The Company authorizes the Custodian to hold securities in omnibus accounts and
will accept delivery of securities of the same class and denomination as those deposited with the
Custodian.
5. Entitlements. With respect to all securities held in the Account, the Custodian by itself, or
through the use of the book entry system or the appropriate Securities Depository, shall, unless
otherwise instructed in writing to the contrary by the Company: (i) collect all income and other
payments reflecting interest and principal on the securities in the Account and disburse such
amounts as directed by the Company; (ii) forward to the Company copies of all information or
documents that it may receive from an issuer of securities which, in the opinion of the Custodian,
are intended for the beneficial Company of the securities including, without limitation, all proxies
and other authorizations properly executed and all proxy statements, notices and reports; (iii)
execute, as Custodian, any certificates of Companyship, affidavits, declarations or other certificates
under any tax laws now or hereafter in effect in connection with the collection of bond and note
coupons; and (iv) hold directly, or through the book entry system or Securities Depository, all
rights issued with respect to any securities held by the Custodian hereunder. Upon receipt of
written instructions from the Company, the Custodian shall (i) release and exchange securities held
hereunder for other securities and/or cash in connection with (a) any sale, conversion privilege,
reorganization, recapitalization, redemption in kind, consolidation, tender offer or exchange offer,
or (b) any exercise, subscription, purchase or other similar rights; and (ii) present .securities for
payment upon maturity, redemption or other retirement of the securities. It is specifically noted
that the Custodian must have written authorization, instructions, securities (if applicable) and other
documentation, if any, relating to such matters at least three (3) business days prior to the deadline
date for action thereon whether Custodian has or has not notified the Company. The Custodian's
sole obligation in this regard shall be to make good faith effort to give appropriate notice to the
Company.
6. Disposition and Termination. Either party may terminate this Custody Agreement on
15 days notice in writing to the other party. After notice of termination is given by either party,
Custodian agrees to deliver all cash and securities to or upon the instructions of the Company.
Upon delivery of all cash and securities by the Custodian, this Custody Agreement shall
terminate subject, however, to the provisions of Section 10.
7. Custodian. The Custodian undertakes to perform only such duties as are expressly set
forth herein and no duties shall be implied. The Custodian shall have no liability under and no
duty to inquire as to the provisions of any agreement other than this Custody Agreement. The
Custodian may rely upon and shall not be liable for acting or refraining from acting upon any
written notice, instruction or request furnished to it hereunder and believed by it to be genuine
and to have been signed or presented by the proper party or parties. The Custodian shall be
under no duty to inquire into or investigate the validity, accuracy or content of any such
document. The Custodian shall have no duty to solicit any payments which may be due it or the
Account. The Custodian shall not be liable for any action taken or omitted by it in good faith
249982v3
2
except to the extent that a court of competent jurisdiction determines that the Custodian's gross
negligence or willful misconduct was the primary cause of any loss to the Company. The
Custodian may execute any of its powers and perform any of its duties hereunder directly or
through agents or attorneys (and shall be liable only for the careful selection of any such agent or
attorney) and may consult with counsel, accountants and other skilled persons to be selected and
retained by it. The Custodian shall not be liable for anything done, suffered or omitted in good
faith by it in accordance with the advice or opinion of any such counsel, accountants or other
skilled persons. In the event that the Custodian shall be uncertain as to its duties or rights
hereunder or shall receive instructions, claims or demands from any party hereto which, in its
opinion, conflict with any of the provisions of this Custody Agreement, it shall be entitled to
refrain from taking any action and its sole obligation shall be to keep safely all property held
under the terms of this Custody Agreement until it shall be directed otherwise in writing by all of
the other parties hereto or by a final order or judgment of a court of competent jurisdiction.
Anything in this Custody Agreement to the contrary notwithstanding, in no event shall the
Custodian be liable for special, indirect or consequential loss or damage of any kind whatsoever
(including but not limited to lost profits), even if the Custodian has been advised of the
likelihood of such loss or damage and regardless of the form of action.
8. Succession. The Custodian may resign and be discharged from its duties or obligations
hereunder by giving 15 days advance notice in writing of such resignation to the Company
specifying a date when such resignation shall take effect. The Custodian shall have the right to
withhold an amount equal to any amount due and owing to the Custodian, plus any costs and
expenses the Custodian shall reasonably believe may be incurred by the Custodian in connection
with the termination of the Custody Agreement. Any corporation or association into which the
Custodian may be merged or converted or with which it may be consolidated, or any corporation
or association to which all or substantially all the custody business of the Custodian's corporate
trust line of business may be transferred, shall be the Custodian under this Custody Agreement
without further act.
9. Fees. The Company agrees to (i) pay the Custodian upon execution of this Custody
Agreement, and from time to time thereafter reasonable compensation for the services to be
rendered hereunder, pursuant to the fee schedule attached hereto as schedule 3 (which may be
amended at any time upon 30 days notice to Company), and (ii) payor reimburse the Custodian
upon request for all expenses, disbursements and advances, including reasonable attorney's fees
and expenses, incurred or made by it in connection with the preparation, execution, performance,
delivery, modification and termination of this Custody Agreement. In the event the Company for
any reason fails to pay any such fees and expenses as and when the same are due, such unpaid
fees and expenses shall be charged to and set-off and paid from the custodial property by
Custodian without any further notice.
10. Indemnity. The Company shall indemnify, defend and save harmless the Custodian and
its directors, officers, agents and employees (the "indemnitees") from all loss, liability or expense
(including the fees and expenses of in house or outside counsel) arising out of or in connection
with (i) the Custodian's execution and performance of this Custody Agreement, except in the
case of any indemnitee to the extent that such loss, liability or expense is due to the gross
negligence or willful misconduct of such indemnitee, or (ii) its following any instructions or
249982v3
3
other directions from the Company, except to the extent that its following any such instruction or
direction is expressly forbidden by the terms hereof. The parties hereto acknowledge that the
foregoing indemnities shall survive the resignation or removal of the Custodian or the
termination of this Custody Agreement. The parties hereby grant the Custodian a lien on, right of
set-off against and security interest in the Account for the payment of any claim for
indemnification, compensation, expenses and amounts due hereunder.
11. TINs. The Company represent that its correct Taxpayer Identification Number ("TIN")
assigned by the Internal Revenue Service or any other taxing authority is set forth in Schedule 1.
Custodian shall be under no duty to file tax returns, reports or statements relating to the assets
held with any governmental authority. In addition, Custodian shall withhold any taxes it deems
appropriate and shall remit such taxes to the appropriate authorities.
12. Notices. All instructions given with respect to this Agreement must be in writing and
signed by Company or an authorized signatory of Company, as designated on Schedule 1 hereto
and can be amended from time to time in writing by Company to Custodian. Company may file
written authority with Custodian delegating to another person or other persons the power to give
instructions and Custodian may thereafter accept instructions from such designee(s) until notified
in writing by Company to the contrary. All communications and notices to Company or Custodian
hereunder shall be sent to their respective addresses set out in this Agreement, which addresses
may be changed by written notice to the other party. Notices to the Custodian shall be effective
only upon receipt. Notwithstanding the foregoing, Custodian may, in its discretion, accept
directions or instructions given orally, by telephone or facsimile transmission and which Custodian
reasonably believes to be genuine, but Custodian shall not be liable for executing, failing to
execute or for any mistake in the execution of such directions or instructions except in case of
willful misconduct or gross negligence.
13. Security Procedures. In the event funds transfer instructions are given (other than in
writing at the time of execution of this Custody Agreement), whether in writing, by telecopier or
otherwise, the Custodian is authorized to seek confirmation of such instructions by telephone
call-back to the authorized person or persons designated on Schedule 2 hereto ("Schedule 2"),
and the Custodian may rely upon the confirmation of anyone purporting to be the person or
persons so designated. The persons and telephone numbers for call-backs may be changed only
in a writing actually received and acknowledged by the Custodian. The Custodian and the
beneficiary's Custodian in any funds transfer may rely solely upon any account numbers or
similar identifying numbers provided by the Company to identify (i) the beneficiary, (ii) the
beneficiary's Custodian, or (iii) an intermediary Custodian. The Custodian may apply any of the
deposited funds for any payment order it executes using any such identifying number, even
where its use may result in a person other than the beneficiary being paid, or the transfer of funds
to a Custodian other than the beneficiary's Custodian or an intermediary Custodian designated.
The parties to this Custody Agreement acknowledge that these security procedures are
commercially reasonable.
14. Miscellaneous. The provisions of this Custody Agreement may be waived, altered,
amended or supplemented, in whole or in part, only by a writing signed by all of the parties
hereto. Neither this Custody Agreement nor any right or interest hereunder may be assigned in
249982v3
4
whole or in part by any party, except as provided in Section 8, without the prior consent of the
other parties. This Custody Agreement shall be governed by and construed under the laws of the
State of New York. Each party hereto irrevocably waives any objection on the grounds of venue,
forum non-conveniens or any similar grounds and irrevocably consents to service of process by
mail or in any other manner permitted by applicable law and consents to the jurisdiction of the
courts located in the State of New Yark. The parties further hereby waive any right to a trial by
jury with respect to any lawsuit or judicial proceeding arising or relating to this Custody
Agreement. No party to this Custody Agreement is liable to any other party for losses due to, or
if it is unable to perform its obligations under the terms of this Custody Agreement because of,
acts of God, fire, floods, strikes, equipment or transmission failure, or other causes reasonably
beyond its control. This Custody Agreement may be executed in one ar more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
249982v3
5
IN WITNESS WHEREOF, the parties hereto have executed this Custody Agreement as of the
date set forth in Schedule 1.
JPMORGAN CHASE BANK
as Custodian
By:
COMPANY
By:
249982v3
6
Schedule 1
Effective Date:
Name of Company:
Company Notice Address:
Company TIN:
Investment: [specify]
[ ] A money market mutual fund, including without limitation the JPMorgan Money
Market Funds or any other mutual fund for which the Custodian or any affiliate of
the Custodian serves as investment manager, administrator, shareholder servicing
agent and/or custodian or subcustodian, notwithstanding that (i) the Custodian or
an affiliate of the Custodian receives fees from such funds for services rendered,
(ii) the Custodian charges and collects fees for services rendered pursuant to this
Custody Agreement, which fees are separate from the fees received from such
funds, and (iii) services performed for such funds and pursuant to this Custody
Agreement may at times duplicate those provided to such funds by the Custodian
or its affiliates.
[ ] Such other investments as Company and Custodian may from time to time
mutually agree upon in a writing executed and delivered by the Company and
accepted by the Custodian.
List of persons authorized to direct investments hereunder (with title and specimen
signature):
Name
Title
Specimen Signature
Custodian notice address: lPMorgan Chase Bank
Institutional Trust Services
700 Lavaca, 5th Floor
Austin, Texas 78701
Attention: Safekeeping Services
Fax No.: (512) 479-2553
249982v3
Schedule 2
Telephone Number(s) for Call-Backs and
Authorized Person(s) Deshmated to Confirm/Instruct Funds Transfers
If to Company:
Name
Signature
Telephone Number
1.
2.
3.
4.
5.
6.
249982v3
Schedule 3
(Fee Schedule)
249982v3
CITY COUNCIL
cc@m<e AGENDA BRIEFING
I(:X<,\$
MEETING DATE:
ITEM # :
RESOLUTION # :
11/06/02
3d
R-02-2047
CITY MANAGER j
DEPARTMENT HEAD I "Xt+
FINANCE REVIEW I N. A.
Previous Action: None
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of an Encroachment and Joint Use
Agreement of Public Right-of-Way with the Woods
of Colleyville Homeowner's Association, Case G-02-
028 - by Consent
Reading and Public Hearing
The Woods of Colleyville Homeowner's Association is interested in upgrading the
appearance of the street right-of-way at the southwest corner of Cheek Sparger Road
and Brown Trail Road. The HOA has been working with the City of Colleyville
Engineering Department to provide assistance to the HOA by grading and hydro-
mulching the right-of-way area so that the HOA can install an irrigation system and
provide the on-going maintenance to the area. The HOA has indicated that they will be
responsible for installing the irrigation system and for paying the monthly water bill.
The purpose of the Right-of-Way Encroachment and Joint Use Agreement is to identify
the areas of responsibility for each of the involved parties and to document the
acceptance of all affected private utility companies.
All of the applicable utility companies have approved the HOA request. Approval of a
Right-of-Way Encroachment and Joint Use Agreement by the City Council is necessary
to allow the construction of the proposed improvements within the public right-of-way.
The Agreement requires that all maintenance responsibilities for the improvements and
for this portion of the right-of-way to be transferred to the Homeowner's Association.
Attached is a letter signed by the President of the Homeowner's Association requesting
approval of the right-of-way agreement.
Recommendation
Approval of the Right-of-Way and Joint Use Agreement with the Woods of Colleyville
Homeowners Association.
Agenda Briefing
Resolution R-02-2047
Page 2
Attachments
· Letter from David J. Hamacher, HOA President
. Right-of-way Encroachment and Joint Use Agreement
,
The Woods o/Cr., . lil/e Home Owners Association, 3805 Treemont Circle, (. / 'Ville, TX 76034
October 14,2002
Mr. Barry LeBaron
City of Colleyville
Community Development Department
5400 Bransford Road
Colleyville, TX 76034
Dear Mr. Le Baron:
The WOtJdy of CoIIeyviIle
Attached please find the "Application For The Encroachment and Joint Use Agreement"
and the Fifty Five Dollar application fee, for the improvement of the Right of Way
(ROW) located adjacent to The Woods ofColleyville addition, at the southwest comer of
the Cheek Sparger and Brown Trail Road intersection.
The Woods ofColleyville Home Owners Association and the City ofColleyville
Department of Public Works are working in partnership to improve the subject ROW.
The City will grade and sod/Hydromulch this ROWand Home Owners Association will
install an irrigation system and provide on-going maintenance to the area.
Exhibit 3 of the attached agreement does not have a sign off by Oncor Electric. Ms.
Brenda Worster has indicated to me that they have no lines in that area and therefore are
not required to sign off on the attached. Both she and I have spoken with Mr. Chris
Steubing, City Engineer, and he has agreed that this signoffis not required.
We are looking forward to the City Council approval of this agreement and the
commencement of the work by the city.
Please let me know if there are any additional questions or information required. I can be
reached at 817-235-5749.
Re~Jf9s,
J4u-o 'I, ~'1N~~ /;7
David J amacher
Presid ,
The Woods of Colleyville
Home Owners Association
Attachment: 1 - Check # 1120
2 - Application
APPLICATION FOR ENCROACHMENT AND JOINT USE AGREEMENT
OF A PUBLIC DRAINAGE AND I OR UTILITY EASEMENT OR RIGHT -OF-WAY
September 30,2002
Date of Submittal
To the City of Colleyville:
The undersigned hereby makes application to allow an encroachment and joint use of a portion of the public
drainage and I or utility easement or right-of-way situated on or abutting property located at Cheeks SDaraer and
Brown Trail and adiacent to lots 22-26 of the Woods of Collevville Addition, and described by metes and
bounds in Exhibit No. 1 of the attached agreement.
The reason for the encroachment and use of the easementlright-of-way is as follows:
For the installation of an irrIGation System that will Drovide for waterina of the turf grass which will be
installed by the City of Collevville and maintained by the Woods of Collevville Home Owners AssoeIation
David J. Hamacher. President
Woods of CoIleyville
Home ers A . ti ,Inc.
~-~
817-485-4945
Telephone
817-485-5884
FAX Number
Collevville
City
TX
State
76034
Zip
,-
,/
/~
CV-430 (01-07
GY-o'2. - 02&
Easement I Right-of-Way Joint Use Agreement
THE STATE OF TEXAS 9
COUNTY OF TARRANT 9
Be it known, that the City of Colleyville, herein after referred to as "City,. and its franchised Utility Companies,
herein referred to as "Utilities,. do consent and agree to permit the following The Woods of Collevville Home
Owners Association. herein after referred to as "Applicant,. to use an easement I right-of-way, situated on
or abutting LOTs 22-26 , BLOCK 1 . OF The Woods of Collevville IN THE CITY OF
COLLEYVILLE, TEXAS, as described on the attached Exhibit No.1, depicted graphically on the attached
EXHIBIT NO.2 and consented to by the public utility companies as listed on the attached EXHIBIT No.3, to be
used for the purposes of Installina an irriaation sYStem and the on-aoina maintenance of the DrooertY
and being subject to the following conditions:
I.
That the Applicant, his successors or assigns shall maintain in good condition all of the easement area and the
improvements situated thereon; and, that City and Utilities shall not become responsible for such maintenance at
any time in the future.
II.
That the Applicant shall and does hereby agree to indemnify and hold harmless the City and the Utilities from any
and all damages, loss or liability of any kind whatsoever by reason of injury to property or third person occasioned
by its use of the easement I right of way or act of omission, neglect or wrong doing of Applicant, his officers,
agents, employees, invitees or other persons, with regard to the improvements and maintenance of such
improvements; and the Applicant shall, at his own cost and expense, defend and protect City and Utilities against
any and all such claims and demands.
III.
That the Applicant shall arrange for all activities and improvements in the easements to be discontinued and I or
removed within thirty (30) days of written notification, at the discretion of City, for:
(1) Lack of maintenance to the easement I right-of-way;
(2) Failure to provide access to the City or its designees; or
(3) Compliance with a City Council directive that use of the easement by the Applicant be
discontinued and the cost associated with the discontinuing of such activities, and the removal of
such improvements, as well as property adjacent to the easement I right-of-way necessitated by
such discontinuation of the easement I right-of-way use, shall be borne by the Applicant.
IV.
That the Applicant, his successors or assigns shall not seek compensation from City or Utilities for loss of the
value of the improvements made hereunder when such improvements are required to be removed by Applicant.
-
CV-430 (01-02)
v.
This agreement shall be filed of record in the Deed Records of Tarrant County, Texas, and shall bind all future
owners of this lot and shall for all purposes be considered a covenant running with the land.
IN TESTIMONY WHEREOF, Applicant executes this Easement I Right-of-Way Use Agreement on this
day of , 20
City of colleyville
By:
By:
Di rector of Public Works
NOTE: Complete the attached acknowledgements.
",.
CV-430 (01-02)
Note: Only complete the appropriate acknowledgements
THE STATE OF TEXAS
COUNTY OF TARRANT
9
9
Coroorate Acknowledament
BEFORE ME, the undersigned authority, A Notary Public in and for the State of Texas, on this day personally
appeared David J. Hamacher , known to me to be the person and officer whose name is
subscribed to the foregoing instrument and acknowledged to me that same was the act of said Woods of
Collevville Home Owners Association. Inc., a corporation, and that he executed same for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ;(t..p day of~l\ber: 200...);
L) D--Q
Notary Public in and for the State
My Commission ExPires&p.+ D-l f~o4
-
THE STATE OF TEXAS
COUNTY OF TARRANT
9
9
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared . known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of
,20 .
Notary Public in and for the State of Texas
My Commission Expires:
THE STATE OF TEXAS
COUNTY OF TARRANT
9
9
City of CoIlevville Acknowledqment
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally 'I
appeared , known to me to be the person and officer whose name is I
subscribed to the foregoing instrument and acknowledged to me that same was the act of said I
J a municipal corporation, and that he executed same for the purposes and r
consideration therein expressed and in the capacity therein stated. .
GIVEN UNDER MY HAND AND SEAL OFFFICE this the _ day of
,20_.
Notary Public in and for the State of Texas
My Commission Expires:
,
~ - ~-~~--
,.
CV-430 (01-02)
EXHIBIT NO.1
Being that portion of that certain public utility easement / drainage easement / right of way Adiacent to lots 22-26
Block 1 if the Woods of Collevville Addition/Survey to the City of colleyville, Tarrant County Texas, and being
more particularly described by metes and bounds as follows:
ALL That certain tract or parcel ofland situated in the JONATHAN RILEY SURVEY, ABSTRACT 1356, B.B.B.&
c.R.R. CO. SURVEY, ABSTRACT 228 AND MARGARET DAY SURVEY, ABSTRACT 406, Tarrant County,
Texas and being part of the right-of-way dedication for Cheek Sparger Road and Brown Trail according to THE
WOODS OF COLLEYVILLE, an Addition to the City ofColleyville, Tarrant County, Texas as recorded in Cabinet
A, Slide 4965, Plat Records, Tarrant County, Texas and being more particularly described by metes and bounds as
follows:
BEGINNING at a ~ inch capped steel rod stamped "MOAK SURV INC" found at the northwest corner of Lot 22,
Block I of said Addition, said comer being in the south right-of-way line of said Cheek Sparger Road;
THENCE North 00 degrees 12 minutes 00 seconds East, 39.28 feet to the propoSed south edge of asphalt pavement
of Cheek Sparger Road;
THENCE easterly with the said proposed south edge of asphalt pavement and continuing with the proposed south
concrete curb the following calls:
South 86 degrees 58 minutes 55 seconds East, 10.67 feet to the beginning of a curve to the left whose
radius point bears N<rth 03 degrees 01 minutes 05 seconds at 1,024.00 feet;
Easterly with said curve to the left through a central angle of 10 degrees 02 minutes 03 seconds and an arc
distance of 179.33 feet;
North 82 degrees 59 minutes 02 seconds East., 150.02 feet to the beginning of a curve to the right whose
radius point bears South 07 degrees 00 minutes 58 seconds East at 300.00 feet;
Easterly with said curve to the right through a central angle of 13 degrees 15 minutes 41 seconds and an arc
distance of 69.44 feet to the beginning of a curve to the left whose radius point bears North 06 degrees 14 minutes
43 seconds at 150.00 feet;
Easterly with said curve to the left through a central angle of 13 degrees 15 minutes 41 seconds and .. an
distance of34.72 feet;
North 82 degrees 59 minutes 02 seconds East., 100.00 feet to the beginning of a curve to the right whose
radius point bears South 07 degrees 00 minutes 58 seconds East at 30.00 feet;
Southeasterly with said curve to the right through a central angle of97 degrees 12 minutes 58 seconds and
an arc distance of 50.90 feet;
South 00 degrees 12 minutes 00 seconds West, 149.76 feet;
THENCE South 73 degrees 50 minutes 04 seconds West leaving said CW'b line, 10.42 feet to the east line of Lot 26
of said Block 1 and the west right-of-way line of said Brown Trail and also being North 00 degrees 12 minutes 00
seconds East at 12.51 feet from the southeast comer of said Lot 26;
THENCE North 00 degrees 12 minutes 00 seconds East: with the said east line of Lot 26 and said west right-of-way
line, 137.27 feet to the intersection of the said west right-of-way line and the said south right-of-way line of Cheek
Sparger Road;
THENCE South 88 degrees 31 minutes 59 seconds West with said southerly right-of-way line, 150.47
feet;
THENCE South 86 degrees 16 minutes 01 seconds West continuing with said south right-of-way line, 415.96 feet to
the place of beginning and containing 0.5184 acre, more oc less.
"This description was prepared based on previous surveys performed by Moak Surveyors, Inc. and
construction plans for Cheek Sparger Road prepared by others."
~
CV-430 (01-<J2)
EXHIBIT NO.2
The following is a drawing depicting the area or portion of the easement I right-of-way and property described in
Exhibit No. f, that is subject to the encroachment and joint use agreement in this application shoWIng the nature
of the encroachment and use with dimensions. .
RIGHT OF WAY ENCROACHMENT
LtJT ~2.
~~4k 1
EXISTING
WALL
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L
l# 24 a::
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. en
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U) W
U) W
In :J:
L.+ :J.S- u
...t( ~
J.,T 2ft
1t.oo J!. ~
BROWN TRAIL
CURB
LINE
,p-
_ etl"hlr
2. k2.
EXHIBIT NO. 2A.l
CHEEK SPARGER
.c
- k1\h.h.T
j{/I/~
WOODS OF
COLLEYVILLE
i
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I ,...........
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. I :ri.~' .
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It
NORTH
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EXHIBIT NO. 2A.2
hA,tJ,r . -
2.11 .1 -
CHEEK SPARGER
WQODS OF
COlLEYV'llLE
NORTH
!flIP"
fM,e.t -
:J.A.1 -
C"J. '~~
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and provisions of our
respective franchise with the City of Colleyville, do hereby consent to the encroachment and joint use of the
described portion of such drainage and I or utility easement or right-of-way requested in this Application for
encroachment and joint use of a public drainage and utility easement or right-ot-way lot(s) 21-26 ,
Block(s} 1 ot the Woods of Collevville Addition to the City of Colleyville, Tarrant County,
Texas.
Street name:
Cheek SDaraer
Oncor
Southwestern Bell
By: Ms. Brenda Worster has indicated
(Please Print)
By:
(Please Print)
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Signature:
Verizon Telephone Company
Tri-County Electric Company
By:
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Title:
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Signature:
Signature:
AT&T Cable of Colleyville, Inc.
City ot Colleyville
By:
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Signature:
Signature:
United States Postal Service
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Signature:
CV-430 (01-02)
EXHIBIT NO.3
I
n. ~ public utility CClft..... UIIng 01 _11Id to ute. "'* '" lMnI 8nG PAM.... fJI our
- ~,. with tM City of C'.dftp~. do ~ CONeM eo "- ~ent Ind jcint 11M of "-
IT I\bId potIOn Of lUcI\ drlll\Ige ., I or utility ~n or rIght-d--V ~ in "'I Application for
... AdWt... jGnt ~ or . ...-: .... ... utility ..... or "1I'1t-cf-., Lal(1) 2t.- .
.....) of "" 'lID ...... tJI ea..w.... AdlIIIon to the City d CoIIei,...... T-.nt County.
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IXHI8"" NO.3
The ~ publiQ utility companies. u8lng or omilled to UIe, under the tenns and prrNitlona 01 our
retspeCtiVe frail Ie with the City of Cdleyvllle. do herlby consent to the ~roachm.nt and joint use Qf the
delCl'lbecl porti 01 such dl'llinege and I f!X utillty M8ement or right-ot.way reque!lted In thi, Applicdon for
encrollChm_nt 8 jotnt UN of a public Clrah18ge and utitity eaeement or rtght.gf.".".y lot(l) .~~
8fOCk{s) of the Waade of CaleWMIe Addition to the City of CoIleyville, T......"t County,
Texas.
Street _e: Cheek SlNlraer
Oncor Southwestern Bell
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CV.Jf30 (01.lJ2)
EXHI8IT NO. 3
The ~ ~blie uttlity oompanl... utlng or ..-:tiled to use. \mQef tn. *'"' ana ~,,.one or uu'
rvspeCtNe hnchi with me City d CoMeyvill., do hereby COMent to the eneroaehmtllt .nd JOInt UN of the
..eurit.e9 po"ion of euot'\ 411......-.. ...41 J ... utili'" _"'..., .. ~.;A '_y ,....~I..-M '" ..... 6,..",li~~'i^" fnr
encrOlC"ment joint u.. of a pubic draio. end ~Mity eaement or rioht-of.~V L..et(.) .a1.~'
BIQd{(.) d tl'te WOOde qJ ge..,.... A_ion to ltIe City of CoIleyville. T.rr.."t County.
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City d Col~t'le
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EXHIBIT NO.3
bile utiUly cclnpenies. USIng or entitled to use, under ,he term. and provllions of our
rMpeCt;ve frenchi with the CltV of CoU.yville. do hereby conunt to the eirlQ'Q8Chment end joint ute or the
cle$Gribed portion such dralnaOe and I or utUlty ...ment or rlght4"W&)' requested in this App'icatior1 for
encroachment a joint use of . '1ubltC drainage end utility usement or right-:lf~y late.) ..11-" --'
Block(ll d the WOods of CoIhlWU,. Addition to the City d CoIIeyvlile. T8t'I'8nt Countv.
T....
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AT&T c.4te d Cdleyvilte Inc.
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City of CoIleyv_
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EXHIBIT NO.3
The undfHllgnecl'DUbltc utility campanl... ualng or entitled to UN. under the tennl .no Pmvlliont or cur
rHpeetlv. french ., with the City of Calleyvllte. do h..by c;onMnl co the encl'OflChment and JOint u. 0' (he
cHlCrtbed portion of ."c:h d,.'ntlg. .no I or utility -.ment Of rlghl-ot..wtIV requ..ted in U". ~ppItQl'ton for
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ItOCk(l) or the ~ "Ci8Q,,,,,"" Addition 10 the City of CO/teyyill.. Terranl Coun~.
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City of CoII.~lle
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CITY COUNCIL
cc@rn<e AGENDA BRIEFING
'rL,...,,$
MEETING DATE:
ITEM # :
ORDINANCE # :
11/06/02
4
0-02-1370
CITY MANAGER i
i
DEPARTMENT HEAD I 3::. It
~
FINANCE REVIEW I N.A.
Previous Action: 10/15/02
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
Second Reading and Public Hearing
Update
The attached ordinance has been updated to reflect the comments from the City Council
during the first reading. The ordinance includes the following changes:
1. The list of conditions has been rearranged to group similar items together.
2. The Special Use Permit will only apply to the rear building, noted as Building B in the
ordinance and on the zoning exhibit.
3. Language has been inserted to limit the validity of the Special Use Permit for seven years
from the date of approval. At the end of seven years, the applicant would have to request
that the City Council renew the special use permit for an additional time period.
4. The restriction on the hours of operation has been revised to 7 a.m. to 7 p.m., Monday
through Friday. The previous hours of operation read 8 a.m. to 5 p.m., Monday through
Friday.
5. The ordinance requires the tiltwall portion of the building to be painted. The ordinance now
includes the same language for the paint color, as is required for large retail buildings.
Staff also met on-site with the Fire Marshal to review the width of the existing fire lane adjacent
to the building and the proposed location of the required potted trees. Staff recommends that
the requirement for potted trees be removed from the ordinance, and this requirement is not in
the attached ordinance. The fire lane on the south side of the building is centered along the
primary access to the rear of the structure, and the location of the potted trees could impair the
delivery of emergency services. The pavement section on the south side of the building is
approximately 35 feet in width, which leaves only five feet on each side of the fire lane. The
survival of potted trees at this location is low unless the trees are maintained on a frequent
basis and could present a continual code enforcement issue. Furthermore, the potted trees
would likely not achieve sufficient height or breadth to provide the desired screening, as the
trees would become root-bound in the container.
Agenda Briefing
Ordinance 0-02-1370
Page 2 of 4
First Reading and Public Hearing
Backqround
Total Enterprise 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
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.
Agenda Briefing
Ordinance 0-02-1370
Page 3 of 4
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.
7. 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.
8. 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
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,
Agenda Briefing
Ordinance 0-02-1370
Page 4 of 4
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
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CASE" Z-02-025 - Special Use Permit
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Pulte Home Corp. of Texas
1431 Greenway Dr., Suite 700
Irving, TX 75038
Colleyville Creme de la 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, 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, 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. The Special Use Permit shall apply only to Building B, as
shown on the Zoning Exhibit attached as Exhibit "B".
B. The Special Use Permit shall become null and void seven (7)
years from the date of approval.
C. The hours of operation shall be restricted to 7 a.m. to 7 p.m.,
Monday through Friday.
D. No overnight parking of vehicles shall be allowed outside the
building.
E. All vehicles waiting for repair shall be parked to the rear of the
building.
F. No storage of parts or containers shall be allowed outside the
building.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Ordinance 0-02-1370
Page 2 of 3
G. The tiltwall portion of the building shall be repainted. The
exterior surface shall be of a subtle or neutral color. Trim and
accent areas may be painted and feature brighter colors,
including primary colors, but not more than ten (10%) percent
of the wall surface area. High intensity or fluorescent colors
are prohibited.
H. All repair work shall be done inside 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.
K. 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.
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 0-02-1370
Page 3 of 3
CITY OF COLLEYVILLE:
Donna Arp
Mayor
Exhibit A
Zoning Map
CC-2
Exhibit B
Zoning Exhibit
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CITY COUNCIL
city or
CC~~Iil<e AGENDA BRIEFING
IL~.""S
MEETING DATE:
ITEM # : !
ORDINANCE # :
11/06/02
5
0-02-1371
CITY MANAGER i
DEPARTMENT HEAD i
FINANCE REVIEW!
N.A.
Previous Action: None
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of the Special Use Permit for a Carport on
Lot 25R, Block 1, Rustic Oaks Addition, located at
209 Valley View Drive South, Case Z-02-026
First Reading and Public Hearing
Backqround
Raymond Rivera is the owner of a house located at 209 Valley View Drive South. The owner
has submitted a Special Use Permit (SUP) application to construct a carport on the property.
The Land Development Code requires that carports be considered on a case-by-case basis,
and must be approved by a Special Use Permit. A comparison of the regulations and the
proposed carport is shown below. The proposed carport meets all the requirements of the
regulations.
CARPORT ZONING COMPARISON
Category Zoning Requirement Applicant Proposal
1 . Maximum Size 480 square feet 480 square feet
2. Longest Dimension Allowed 24 feet 24 feet
3. Maximum Height 15 ft. to highest point of roof 11 feet
4. Side and Rear Setbacks 5 feet 19+ feet I 20+ feet
5. Located in Rear Yard Required complies
6. Maximum Number per Lot 1 1
7. Paved Parking Surface Concrete, asphalt or pavestone concrete
8. Roof Pitch 2:12 minimum 3:12
9. Construction of Posts brick, stone or decorative metal metal supports
between 12" and 48" in width
Impact 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.
2. Surrounding Properties. The surrounding properties are developed as single-family
residences (Rustic Oaks subdivision).
Agenda Briefing
Ordinance 0-02-1371
Page 2 of 3
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. The existing utilities in this area will adequately serve the proposed
development. The house 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.
6. Property Taxes. According to information available from the Tarrant Appraisal District,
the land and house is appraised at $168,400. The estimated annual City property tax
revenue generated by this property is $585. The addition of the carport will have
minimal impact on the appraised value of the property.
7. Traffic Generation. The addition of the carport will not have an impact on the traffic
generation in the neighborhood or local area.
Staff mailed notices to 17 adjacent property owners regarding this request. No
correspondence has been received regarding this request.
Summarv
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
whether to grant the Special Use Permit. Since the request is an SUP, the Council may
establish conditions different than or in addition to the normal requirements of the Land
Development Code.
The Planning and Zoning Commission conducted a public hearing and considered this request
at the October 14, 2002, meeting and recommended approval by a unanimous vote.
Recommendation
Approval
Attachments
· Location and Zoning Map
· Carport Exhibit
· List of Property Owners Notified
· Planning and Zoning Commission Minutes
· Ordinance 0-02-1371
TR 281
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David Ellis
5501 Valley View Drive W.
Colleyville, Texas 76034
Louis Gallardo, Jr.
5409 Valley View Drive
Colleyville, Texas 76034
Raymond Rivera
209 Valley View Drive S.
Colleyville, Texas 76034
Randall Bums
205 Valley View Drive S.
Colleyville, Texas 76034
James & Cynthia Cavanaugh
5416 Rustic Trail
Colleyville, Texas 76034
Colleen Barnard
5412 Rustic Trail
Colleyville, Texas 76034
Ramon & Terranda Alvarado
5504 Rustic Trail
Colleyville, Texas 76034
W. B. & Mary Payne
5500 Rustic Trail
Colleyville, Texas 76034
Robert & Amy Ellison
5404 Rustic Trail
Colleyville, Texas 76034
Alford Easterling
5500 Valley View Drive W.
Colleyville, Texas 76034
John & Gayla Autry
5408 Valley View Drive W.
Colleyville, Texas 76034
Machael Haefner
116 Timberline Street N.
Colleyville, Texas 76034
Malcom Maas
112 Timberline Street N.
Colleyville, Texas 76034
Thomas & Charlotte Hansen
108 Timberline Street N.
Colleyville, Texas 76034
Case Z-02-026 (Notices dated: October 4,2002)
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 &- ~ning Assistant
Planning and Zoning Commission Minutes
October 14, 2002
Case Z-02-026 PUBLIC HEARING - Special Use Permit for a Carport on Lot
25R, Block 1, Rustic Oaks Addition, located at 209 Valley View Drive South
Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He
stated the applicant is present and available to answer any questions concerning the request.
Chairman Wall opened the public hearing.
There being no one present wishing to speak, the public hearing was closed.
Commissioner Jones moved to approve the Special Use Permit. Commissioner Sellers
seconded the motion. The vote being:
Ayes: Swift, Jones, Sellers, Wall, Kelly, Byerly
Noes: None
ORDINANCE 0-02-1371
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR A
CARPORT ON LOT 25R, BLOCK 1, RUSTIC OAKS 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 Raymond Rivera on
September 18, 2002, under Case No. Z-02-026; 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.
Sec. 4.
Sec. 5.
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 25R, Block 1, Rustic Oaks
Addition (209 Valley View Drive South), by authorizing a Special Use
Permit for a Carport, as shown in Exhibit liB".
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 ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
THAT this ordinance shall become effective immediately upon
publication.
Ordinance 0-02-1371
Page 2 of 2
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2002.
day of
The second reading and public hearing being conducted on the
2002.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
Exhibit A
Zoning Map
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Carport Exhibit
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CITY COUNCIL
CilY Of
CCeu<e AGENDA BRIEFING
TL~:\~$
MEETING DATE: ,
ITEM#:
ORDINANCE #: i
11/06/02
6
0-02-1372
CITY MANAGER i
DEPARTMENT HEAD i
FINANCE REVIEW i
Previous Action: None
DEPARTMENT: FINANCE
SUBJECT : Amending Ordinance 0-02-1339 relative to fees and
reservations for the use of park athletic and
recreation facilities
First Reading and Public Hearing
Since Spring 2002, staff has worked with the Game Field Use Committee, consisting of the
youth sports association presidents or their representatives and the Parks and Recreation
Advisory Board, to review Ordinance 0-02-1339 related to the use of park athletic and
recreational facilities. Upon completion of the review, the Game Field Use Committee
recommended that all fees and other provisions of the ordinance not directly associated with
the youth sports programs be deleted from this ordinance and added to the miscellaneous fee
ordinance, which establishes fees and charges for city services and facilities.
The Game Field Use Committee also recommended that a waiver provision be added to the
ordinance related to the use of the soccer game fields. Minor amendments to the ordinance
for clarification were approved. On September 9, 2002, the Parks and Recreation Advisory
Board approved the Game Field Use Committee's recommendations.
Financial Impact
None
Recommendation
Approval
Attachments
. Ordinance 0-02-1339
. Ordinance 0-02-1372
ORDINANCE NO. 002 13390-02-1372
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS,
AMENDING CHAPTER 66 OF THE COLLEYVILLE CODE, RELATIVE TO FEES AND
RESERVATIONS FOR THE USE OF PARK ATHLETIC AND RECREATIONAL
FACILITIES; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR
INJUNCTIONS; PROVIDING FOR A PENALTY AND AUTHORIZING PUBLICATION.
WHEREAS, Chapter 66 of the City of Colleyville Code of Ordinances provides for the
regulation and use of public parks and imposes fees for the use of park
facilities; and
WHEREAS, Ordinance 0-93-906, Ordinance 0-93-918, Ordinance 0-98-1108,
Ordinance 0-02-1339 and Ordinance 0-02-1372 created and established
Section 7 of the City of Colleyville Code of Ordinances relative to parks
and recreational regulations; and
WHEREAS, the City Council of the City of Colleyville has determined that a revised
rate and scheduling structure is in the best interest of the citizens of the
City of Colleyville.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
The following words, terms and phrases, when used in this ordinance,
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Chapter 66: Definitions
1 . City cosponsored league play shall mean an athletic event, which is
authorized, organized or scheduled with the assistance of the Parks and
Recreation Department by a non-profit organization.
2. City sponsored league shall mean an athletic event which is authorized,
organized or scheduled in whole or in part by the Parks and Recreation
Department.
3. Closed field shall mean a playing field or a game field that has been
closed for any use due to inclement weather or maintenance requirements
of the Parks and Recreation Department.
4.
Sec 2.
Ordinance 0 02 1339 0-02-1372
Page 2 of 14
Coordinator ManaQer shall mean the coordinator Manager of the Parks
and Recreation Department.
5.
Game field shall mean a field that has been designated by the Parks and
Recreation Department to be used solely for the purpose of conducting
league play or tournament play for city sponsored or city cosponsored
league play athletic events. This would include the city sponsored soccer,
baseball and softball associations. Game fields are located at the
Pleasant Run Soccer Complex and the Colleyville City Park.
6.
Park shall mean a park, playground or any other area in the city, owned or
used by the city, devoted to active or passive recreation.
7.
Vehicle shall mean any wheeled conveyance, whether motor powered,
animal-drawn or self-propelled. The term shall include any trailer of any
size, kind or description.
Chapter 66: Facility Procedures and Guidelines
Tennis Court Regulations
1. It shall be unlawful for any person to use the tennis courts in the City for
any purpose other than playing tennis.
2. It shall be unlawful for any person to play tennis on any tennis court while
wearing any footwear other than tennis shoes.
3. It shall be unlawful for any person to ride a skateboard or skates on the
tennis courts.
Tennis Court Fees and Refunds
4. The tennis courts are available on a first-come first-serve basis.
2.^ resident may reserve the tennis courts for a fee. The fee for residents shall
be $2.00 per one and one half hour session per court, both double and
single play. Each session shall be for no longer than one and one half
hours in accordance with the reservation schedule maintained by the
Parks and Recreation Department.
3.^ non resident may reserve the tennis courts for a fee. The fee for non
residents shall be $4.00 per one and one half hour session per court, both
double and single play. Each sossion shall bo for no longor than one and
one half hours in accordance 'Nith the roservation schodule maintainod by
tho Parks and Rocreation Dopartmont.
Ordinance 0 02 1339 0-02-1372
Page 3 of 14
1.,^, resident and non resident, individual or family, may purchase an annual
facility use card that allows the holder to call in for tennis court
reservations and to play without paying per session court fees.
5.The annual usage fees for resident and non resident are as follo'Ns:
Resident Indi'.'idual
Resident Family
$100.00 per year
$250.00 per year
Non Resident Individual
Non Resident Family
$150.00 per year
$350.00 per year
6. Refunds are available due to inclement weather provided, hO'Never, that a
request for a refund is submitted to the Parks and Recreation Department,
in writing, within one 'Neek of the scheduled session. Failure to submit a
timely request for refund forfeits the refund. Rescheduling in lieu of a
refund is permitted based upon availability of time slots.
Tennis Court Reservations
1. The courts will open for play at 6:00 a.m. All games must be completed by
10:00 p.m., park closing time.
2. Courts may be reserved through the Parks and Recreation Department.
Time slots for reservations are available in one and one-half hour
increments as seasonal conditions permit. The schedule shall be
determined and approved by the Parks and Recreation Manager or R+s
designated representative.
3. Reservations must include the name of the individual or team, address
and phone number as set forth in this policy. No more than one person
from a team may schedule a reservation.
4. Residents may make reservations beginning the Monday proceeding the
next scheduling week (Sunday through Saturday). Non-residents may
make reservations commencing on Friday proceeding the next scheduling
week (Sunday through Saturday). There '.viii be no consecutive
reservations for an individual or family member.
5. Any person or team found to be violating the terms of this section shall be
denied access to the tennis courts for the remainder of the season.
Ordinance 0 02 1339 0-02-1372
Page 4 of 14
Rental of Park Pavilions and Refunds
1 . 1\11 non residont special ovent users, oxcept City relatod users, shall make
a deposit and pay a feo to the Parks and Rocreation Department. The
amount of deposit will be determinod by the specific use of the pavilion, in
an amount not less than T't:onty five Dollars ($25.00) for four hours and
not to exceed One Hundred Dollars ($100.00) for eight hours, as
determined by the Parks and Recreation Manager. Such deposit is to
cover tho cost of any nocossary clean up or vandalism. The Parks and
Recreation Manager shall designate a person or person(s) to inspect all
premises after usage. All deposits will be held until after pavilion use, and
returned to the customer unless damage or vandalism has occurred. At
this time, a refund will be processed for the deposit.
2. City related functions shall have first priority on the pavilions and shall use
the pavilions without charge.
2.Foes for the use of tho park pavilions shall bo assessed as follo'Ns:
Number of poople
Rate for Four (4) Hour Rontal
NonResident
1 00 150
$ 25.00
$ 50.00
$ 75.00
$100.00
25 or less
26 50
51 1 00
Ovor 150
To be dotormined by tho Parks
and Rocreation Department
3. All other groups who reserve the pavilion for personal use, except those
specified in the following section, shall pay a fee as determined by the
Parks and Recreation Department.
4. All residents and non-residents who reserve the facility for business,
commercial or professional gatherings may apply for the use of said
pavilion during daytime hours between 8:00 a.m. and 44G5:00 p.m. The
applicant may not make any charges, nor solicit for money of any kind or
character from any person for his use of the pavilion. A liability insurance
policy naming the City of Colleyville as an additional insured shall be
Ordinance 0 02 1339 0-02-1372
Page 5 of 14
purchased by all business, commercial or professional renters. Coverage
amounts must meet those specified by the City Manager or his designee.
5. A request for a reservation must be made in person at the Parks and
Recreation Department during regular business hours (8:00 a.m. until
~5:00 p.m.). Reservations will be accepted from adults only (18 years
or older). Reservations may be made no earlier than sixty (60) days in
advance.
6. A permit shall be issued by the Parks Department stating the time, date,
fee and amount of deposit and any other pertinent information as
determined by the City.
7. Refunds on any pavilion or park rentals unless otherwise specified, must
be requested no later than three (3) working days after scheduled use,
through the Parks and Recreation Department Coordinator ManaQer or A-is
designated representative. Refunds will only be considered in cases of
uncontrollable events, i.e., severe weather, family emergency, etc., and
must be approved by the Parks and Recreation Manager. Rescheduling
of allotted time is preferred and can be used up to one (1) year from the
time of original date.
8. All cancellations must be made no later than three (3) days prior to
reservation date to obtain a refund.
Park Pavilion Policies and Guidelines
1. Alcoholic beverages are prohibited, as per ordinance.
2. Music may be played only between the hours of 9:00 a.m. and 10:00 p.m.,
unless otherwise approved by the Parks and Recreation Department or as
permitted under the City's noise and nuisance ordinances.
3. Vehicles will be restricted to designated parking areas only, except for
Police, Fire emergency or maintenance vehicles from Departments. Also,
the use of "bounce houses" or "moon walks" is not allowed on park
property.
4. Responsibility for damages to and or maintenance of facilities growing out
of usage beyond normal and usual wear will be assumed by the individual,
group or organization. All paper and waste shall be deposited in proper
receptacles.
5. All special permits must be obtained in person and such individual must
sign such permit indicating that he/she agrees to the terms of the deposit
restriction and applicable City Ordinances.
Ordinance 0 02 1339 0-02-1372
Page 6 of 14
6. Decorations should not be attached to the pavilion that would tend to
deface the structure including, but not limited to, staples, tacks, crepe
paper, or any material that will stain. Approval shall be obtained from the
Parks and Recreation Department for any special decorations.
7. Any open flames, candles (other than birthday cake candles), torches, etc.
shall not be used in the pavilion and use of any decoration or equipment
that requires electricity must meet appropriate fire and electrical codes.
8. The City Manager or his designee shall determine the applicable charge
or fee when an interpretation is needed, or the charge set by the Parks
and Recreation Department is disputed.
9. Failure to adhere to Parks and Recreation Department rules and
regulations will result in suspension of reservation privileges.
10. All decisions concerning the applicable fee, the non-refund of any portion
of the deposit, or the denial of the use of the pavilion may be appealed to
the City Manager or his designee.
11. The individual, group or organization will obey all rules and regulations,
both written and verbal, and will not hold the City of Colleyville liable for
any injury sustained while using the facility.
12. The person, whose signature appears on the reservation, or their
representative is fully responsible for all participants using the facilities
under the jurisdiction for the Parks and Recreation Department.
Parks and Game Fields Reservations
1 . City related functions shall have first priority in the city's parks and shall
use these parks without charge.
2. Commercial use of any and all park facilities for filming, photographing,
etc. shall require a charge plus a damage and clean-up deposit.
3. The use of picnic areas and play equipment (other than pavilion renters)
shall be on a first-come, first-serve basis. No reservations are allowed.
4. Any group not sponsored by the city and desiring to use a park as a
gathering place or for an event or function of any kind shall be subject to
the following requirements:
Ordinance 0 02 1339 0-02-1372
Page 7 of 14
a. The organizer or representatives of the group desiring use of the park for
an event or function shall file an application for a special permit with the
Parks and Recreation Department at least thirty (30) days prior to the
proposed date of the event or function. The application will be on a form
provided by the Parks and Recreation Department and shall include the
following information:
i. name, address and telephone number of the person or persons
responsible for the event or function;
ii. a description of the event and its proposed date and hours of
duration;
iii. estimated number of people who will be in attendance;
iv. the park and park area being requested for use;
v. the nature and number of vehicles, which will be used to
transport people in attendance to and from the event;
vi. a description of any voice or musical amplification equipment to
be used; and
vii. any other information that may be required by the city in order to
establish additional requirements for the preservation of the
public health, safety and welfare.
5. Within three (3) days of the time the application has been filed with the
Parks and Recreation Department, the Deputy City Manager will be
notified of the event or function and will be provided copies of the
application for the purposes stated above and for the purpose of
assessing the demand placed upon services by the event and the impact
upon the area surrounding the park.
6. In addition to the requirements set forth in this section, the group shall
comply with any and all other applicable laws, statutes, ordinances,
resolutions and rules governing use of the parks. These requirements
include, but are not limited to, the payment of any fees or deposits, which
may be required for the use of a public park by this ordinance.
Ordinance 0 02 1339 0-02-1372
Page 8 of 14
Playing Fields
Ballfields: Practice Fields
a. The City uses G-CISD facilities for baseball and softball practice
fields.
b. The City does not charge a fee for the practice baseball fields and
softball fields at park facilities.
Ballfields: Game Fields
1 . Regulations
a. No person shall use the game fields in City Park for any purpose
other than playing softball or baseball.
b. During regular and post season play, all game fields are reserved
for the exclusive use of the youth sports associations, except for
Sunday.
2. Fees and Refunds
a. During regular and post season play, the youth sports associations
pay a maintenance fee for use of the game fields.
b. The fee for each game field for residents and youth sports
associations, outside of the regular and post season play, shall be
$50.00 (without lights) and $80.00 (with lights) per session. The
fee for each game field for non-residents shall be $100.00 (without
lights) and $180.00 (with lights). Each session shall be no longer
than two hours in accordance with the reservation schedule
maintained by the Parks and Recreation Department. ^ $25.00
key deposit is required prior to each session for keys and potential
damage. If the keys are returned and no damage is done to the
field, as determined by the Parks and Recreation Department
Coordinator, the deposit shall be returned. If damage is incurred to
tho fields, the person or group 'Nill be assessed damages.
c. Commercial or organized teams or teams playing games other
than those scheduled by the city's youth sports associations, shall
be required to pay a fee, as established by the Parks and
Recreation Department. Field reservations are required for such
teams.
Ordinance 0 02 1339 0-02-1372
Page 9 of 14
d. Refunds are available due to inclement weather, provided
however, that a request for a refund is submitted to the Parks and
Recreation Department, in writing, within one week of scheduled
session. Failure to submit a timely request for refund forfeits the
refund. Rescheduling in lieu of a refund is permitted based upon
availability of time slots.
e. A request for a waiver of the use of the Ball Fields: Game Fields
must be submitted, in writing, to the Parks and Recreation
Department for consideration and approval of the Colleyville City
Council.
3. Reservations:
a. All fields are available by reservation only and only for the time slot
reserved. Time slots for reservations are available in two-hour
increments as seasonal conditions permit. The schedule shall be
determined and approved by the Parks and Recreation
Department Coordinator Manaqer or fH.s. representative.
b. Each person or team is limited to one (1) time slot per week
(Monday through Saturday) per calendar month. Reservations
must include the name of the coach or assistant coach, address
and phone number, as set forth in this ordinance. No more than
one person from a team may schedule a reservation.
Reservations shall not conflict with scheduled youth sports
association league play.
c. Youth sports associations and residents may make reservations
one week (seven calendar days) prior to the succeeding month.
Non-residents may make reservations commencing on the first
business day of the month.
d. Any person or team found to be violating the terms of this policy
shall be denied access to the fields for the remainder of the
season.
e. The Parks and Recreation Manager or his designated
representative is authorized to designate any game field owned or
leased by the City, a closed field for maintenance or to protect the
surface of the game field from damage.
f. It shall be unlawful to go upon a game field which has been
designated as a closed field and has posted thereon a sign stating
"Closed Field - Do Not Trespass Upon This Field - $1.00 - $500.00
Ordinance 0 02 1339 0-02-1372
Page 10 of 14
Fine" unless the purpose for going upon a closed field is to
maintain such field.
Soccer Fields:
Practice Fields
1 . Fees and Refunds
a. The City does not charge a fee for practice soccer fields for youth
sports associations and residents.
b. Commercial or organized teams or teams playing games other
than those scheduled by the city's recreational sports associations,
shall be required to pay a fee, as established by the Parks and
Recreation Department. Field reservations are required for such
teams.
2. Reservations
a. Practice fields are available on a first-come first-serve basis. Local
sports associations and teams have priority. Any person or team
found to be violating the terms of this policy shall be denied access
to the practice fields for the remainder of the season.
Soccer Fields:
Game Fields
1. Fees and Refund
a-a. The fee for each game field for youth sports associations and
residents shall be $50.00 (without lights) and $100.00 (with lights)
per session. The fee for each game field for non-residents shall be
$125.00 (without lights) and $175.00 (with lights). Each session
shall be no longer than two (2) hours in accordance with the
reservation schedule maintained by the Parks and Recreation
Department. ^ $25.00 key deposit is required, for the use of the
lighted field, prior to each session for keys and potential damage. If
the keys are returned and no dam3.ge is done to the field, as
determined by the Parks and Recreation Department Coordinator,
the deposit shall be refunded. If damage is incurred to tho fields,
tho pen:;on or group '.viII be assessed d3.mages.
b. Commercial or organized teams, or teams playing games other
than those scheduled by the City's recreational sports associations,
shall be required to pay a fee, as established by the Parks and
Recreation Department. Field reservations are required for such
teams.
Ordinance 0 02 1339 0-02-1372
Page 11 of 14
c. A request for a waiver of the use of the Ball Fields: Game Fields
must be submitted, in writinq, to the Parks and Recreation
Department for consideration and approval of the Collevville City
Council.
d. Refunds are available due to inclement weather, provided however,
that a request for a refund is submitted to the Parks and Recreation
Department, in writing, within one week of scheduled practice.
Failure to submit a timely request for refund forfeits the refund.
Rescheduling in lieu of a refund is permitted based upon availability
of time slots.
2. Reservations
a. All fields are available by reservation only and for the time slot
reserved. Time slots for reservations are available in two (2) hour
increments, as seasonal conditions permit. The schedule shall be
determined and approved by the Parks and Recreation
Department CoordinatorManager or t:Hs-representative.
b. Any scheduled game on the game fields or use of the game fields
shall be played in uniform with licensed officials.
c. Each person or team is limited to one (1) time slot per week
(Sunday through Saturday) per calendar month. Reservations
must include the name of the individual or the team and coach,
address and phone number, as set forth in this ordinance. No
more than one person from a team may schedule a reservation.
Reservations shall not conflict with scheduled league play.
d. Youth sports associations and residents may make reservations
one week (seven calendar days) prior to the succeeding month.
Non-residents may make reservations commencing on the first
business day of the month.
e. Any person or team found to be violating the terms of this policy
shall be denied access to the game fields for the remainder of the
season.
f. The Parks and Recreation Manager or his designated
representative is authorized to designate any game field owned or
leased by the city a closed field for purposes of maintenance or to
protect the surface of the game field from damage.
Ordinance 0 02 1339 0-02-1372
Page 12 of 14
g. It shall be unlawful to go upon a game field which has been
designated as a closed field and has posted thereon a sign stating
"Closed Field - Do Not Trespass Upon This Field - $1.00 to
$500.00 Fine" unless the purpose for going upon a closed field is
to maintain such field.
Other Rental Facilities, including but not limited to sand volleyball,
in-line hockey courts and basketball courts.
1 . Fees
a. The City does not charge a fee for the use of the sand volleyball,
horseshoes, foursquare, in-line hockey and basketball courts.
b. No person shall use the tennis courts, the practice or game fields or
any area of a public park to charge a fee for any purpose, including
private lessons or clinics.
2. Reservations
a. All courts are available for use on a first-come, first-serve basis.
Use of Certain Shoes Prohibited
a. It shall be unlawful for a person to wear cleated shoes on the in-line
hockey or basketball courts.
Concessions
1. The City may have concession contract(s) granting particular vendors
exclusivity. All concession vendors must obtain a health permit.
Residents and non-residents may request use of a concession stand.
Requests must be in writing and will be reviewed by the Parks and
Recreation Department CoordinatorManaaer and the Deputy City
Manager.
Sports Clinics
1 . Any individual or group seeking use of a park or playing field to
conduct a sports clinic shall reserve the park or playing field by
completing the appropriate application forms in the Parks and
Recreation Department and pay a fee for the clinic to be held, as
determined by the Parks and Recreation Department.
Sec. 3.
Sec. 4.
Sec. 5.
Ordinance 0 02 1339 0-02-1372
Page 13 of 14
2. Scheduling of the clinics shall be determined and approved by the
Parks and Recreation Manager or fHs.-designated representative.
Clinics shall not conflict with any scheduled league play.
3. The applicant shall purchase a liability insurance policy naming the
City as an additional insured, in an amount to be determined by the
City.
Enforcement
1.
The Parks and Recreation Department shall have the primary
responsibility for the enforcement of this policy and all codes and
ordinances regulating the conduct and use of park and athletic
facilities. The Chief of Police shall have secondary responsibility for
such enforcement.
This Ordinance shall be and is hereby declared to be cumulative of all
other ordinances of the City of Colleyville, and this ordinance shall not
operate to repeal or affect any of such other ordinances except insofar, as
the provisions thereof might be inconsistent or in conflict with the
provisions of this ordinance, in which such conflicting provisions, if any in
such other ordinance or ordinances are hereby repealed.
Any person, firm or corporation violating any provision of this ordinance
shall be deemed guilty of a misdemeanor, and upon conviction, be subject
to a fine not to exceed the sum of Five Hundred Dollars ($500.00). Each
day such violation continues or is allowed to exist shall constitute a
separate violation and be punishable hereunder.
That the City Secretary is hereby authorized to cause publication of the
description caption and penalty clauses of this ordinance as an alternative
method provided by law.
AND IT IS SO RESOLVED:
The first reading and public hearing being conducted on
2002.
day of November
The second reading and public hearing being conducted on
2002.
day of November
Ordinance 0 02 1339 0-02-1372
Page 14 of 14
ATTEST:
CITY OF COLLEYVI LLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
ORDINANCE NO. 0-02-1372
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS,
AMENDING CHAPTER 66 OF THE COLLEYVILLE CODE, RELATIVE TO FEES AND
RESERVATIONS FOR THE USE OF PARK ATHLETIC AND RECREATIONAL
FACILITIES; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR
INJUNCTIONS; PROVIDING FOR A PENALTY AND AUTHORIZING PUBLICATION.
WHEREAS, Chapter 66 of the City of Colleyville Code of Ordinances provides for the
regulation and use of public parks and imposes fees for the use of park
facilities; and
WHEREAS, Ordinance 0-93-906, Ordinance 0-93-918, Ordinance 0-98-1108 and
Ordinance 0-02-1339 and Ordinance 0-02-1372 created and established
Section 7 of the City of Colleyville Code of Ordinances relative to parks
and recreational regulations; and
WHEREAS, the City Council of the City of Colleyville has determined that a revised
rate and scheduling structure is in the best interest of the citizens of the
City of Colleyville.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
The following words, terms and phrases, when used in this ordinance,
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Chapter 66: Definitions
1. City cosponsored league play shall mean an athletic event, which is
authorized, organized or scheduled with the assistance of the Parks and
Recreation Department by a non-profit organization.
2. City sponsored league shall mean an athletic event which is authorized,
organized or scheduled in whole or in part by the Parks and Recreation
Department.
3. Closed field shall mean a playing field or a game field that has been
closed for any use due to inclement weather or maintenance requirements
of the Parks and Recreation Department.
4.
Sec2.
Ordinance 0-02-1372
Page 2 of 12
Manager shall mean the Manager of the Parks and Recreation
Department.
5.
Game field shall mean a field that has been designated by the Parks and
Recreation Department to be used solely for the purpose of conducting
league play or tournament play for city sponsored or city cosponsored
league play athletic events. This would include the city sponsored soccer,
baseball and softball associations. Game fields are located at the
Pleasant Run Soccer Complex and the Colleyville City Park.
6.
Park shall mean a park, playground or any other area in the city, owned or
used by the city, devoted to active or passive recreation.
7.
Vehicle shall mean any wheeled conveyance, whether motor powered,
animal-drawn or self-propelled. The term shall include any trailer of any
size, kind or description.
Chapter 66: Facility Procedures and Guidelines
Tennis Court Regulations
1. It shall be unlawful for any person to use the tennis courts in the City for
any purpose other than playing tennis.
2. It shall be unlawful for any person to play tennis on any tennis court while
wearing any footwear other than tennis shoes.
3. It shall be unlawful for any person to ride a skateboard or skates on the
tennis courts.
4. The tennis courts are available on a first-come first-serve basis.
Tennis Court Reservations
1. The courts will open for play at 6:00 a.m. All games must be completed by
10:00 p.m., park closing time.
2. Courts may be reserved through the Parks and Recreation Department.
Time slots for reservations are available in one and one-half hour
increments as seasonal conditions permit. The schedule shall be
determined and approved by the Parks and Recreation Manager or
designated representative.
Ordinance 0-02-1372
Page 3 of 12
3. Reservations must include the name of the individual or team, address
and phone number as set forth in this policy.
4. Residents may make reservations beginning the Monday proceeding the
next scheduling week (Sunday through Saturday). Non-residents may
make reservations commencing on Friday proceeding the next scheduling
week (Sunday through Saturday).
5. Any person or team found to be violating the terms of this section shall be
denied access to the tennis courts for the remainder of the season.
Rental of Park Pavilions and Refunds
1. The Parks and Recreation Manager shall designate a person or person(s)
to inspect all premises after usage. All deposits will be held until after
pavilion use, and returned to the customer unless damage or vandalism
has occurred. At this time, a refund will be processed for the deposit.
2. City related functions shall have first priority on the pavilions and shall use
the pavilions without charge.
3. All other groups who reserve the pavilion for personal use, except those
specified in the following section, shall pay a fee as determined by the
Parks and Recreation Department.
4. All residents and non-residents who reserve the facility for business,
commercial or professional gatherings may apply for the use of said
pavilion during daytime hours between 8:00 a.m. and 5:00 p.m. The
applicant may not make any charges, nor solicit for money of any kind or
character from any person for his use of the pavilion. A liability insurance
policy naming the City of Colleyville as an additional insured shall be
purchased by all business, commercial or professional renters. Coverage
amounts must meet those specified by the City Manager or his designee.
5. A request for a reservation must be made in person at the Parks and
Recreation Department during regular business hours (8:00 a.m. until 5:00
p.m.). Reservations will be accepted from adults only (18 years or older).
Reservations may be made no earlier than sixty (60) days in advance.
6. A permit shall be issued by the Parks Department stating the time, date,
fee and amount of deposit and any other pertinent information as
determined by the City.
7. Refunds on any pavilion or park rentals unless otherwise specified, must
be requested no later than three (3) working days after scheduled use,
Ordinance 0-02-1372
Page 4 of 12
through the Parks and Recreation Department Manager or designated
representative. Refunds will only be considered in cases of uncontrollable
events, i.e., severe weather, family emergency, etc., and must be
approved by the Parks and Recreation Manager. Rescheduling of allotted
time is preferred and can be used up to one (1) year from the time of
original date.
8. All cancellations must be made no later than three (3) days prior to
reservation date to obtain a refund.
Park Pavilion Policies and Guidelines
1 . Alcoholic beverages are prohibited, as per ordinance.
2. Music may be played only between the hours of 9:00 a.m. and 10:00 p.m.,
unless otherwise approved by the Parks and Recreation Department or as
permitted under the City's noise and nuisance ordinances.
3. Vehicles will be restricted to designated parking areas only, except for
Police, Fire emergency or maintenance vehicles from Departments. Also,
the use of "bounce houses" or "moon walks" is not allowed on park
property.
4. Responsibility for damages to and or maintenance of facilities growing out
of usage beyond normal and usual wear will be assumed by the individual,
group or organization. All paper and waste shall be deposited in proper
receptacles.
5. All special permits must be obtained in person and such individual must
sign such permit indicating that he/she agrees to the terms of the deposit
restriction and applicable City Ordinances.
6. Decorations should not be attached to the pavilion that would tend to
deface the structure including, but not limited to, staples, tacks, crepe
paper, or any material that will stain. Approval shall be obtained from the
Parks and Recreation Department for any special decorations.
7. Any open flames, candles (other than birthday cake candles), torches, etc.
shall not be used in the pavilion and use of any decoration or equipment
that requires electricity must meet appropriate fire and electrical codes.
8. The City Manager or his designee shall determine the applicable charge
or fee when an interpretation is needed, or the charge set by the Parks
and Recreation Department is disputed.
Ordinance 0-02-1372
Page 5 of 12
9. Failure to adhere to Parks and Recreation Department rules and
regulations will result in suspension of reservation privileges.
10. All decisions concerning the applicable fee, the non-refund of any portion
of the deposit, or the denial of the use of the pavilion may be appealed to
the City Manager or his designee.
11. The individual, group or organization will obey all rules and regulations,
both written and verbal, and will not hold the City of Colleyville liable for
any injury sustained while using the facility.
12. The person, whose signature appears on the reservation, or their
representative is fully responsible for all participants using the facilities
under the jurisdiction for the Parks and Recreation Department.
Parks and Game Fields Reservations
1. City related functions shall have first priority in the city's parks and shall
use these parks without charge.
2. Commercial use of any and all park facilities for filming, photographing,
etc. shall require a charge plus a damage and clean-up deposit.
3. The use of picnic areas and play equipment (other than pavilion renters)
shall be on a first-come, first-serve basis. No reservations are allowed.
4. Any group not sponsored by the city and desiring to use a park as a
gathering place or for an event or function of any kind shall be subject to
the following requirements:
a. The organizer or representatives of the group desiring use of the park
for an event or function shall file an application for a special permit with
the Parks and Recreation Department at least thirty (30) days prior to
the proposed date of the event or function. The application will be on a
form provided by the Parks and Recreation Department and shall
include the following information:
i. name, address and telephone number of the person or persons
responsible for the event or function;
ii. a description of the event and its proposed date and hours of
duration;
iii. estimated number of people who will be in attendance;
iv. the park and park area being requested for use;
Ordinance 0-02-1372
Page 6 of 12
v. the nature and number of vehicles, which will be used to transport
people in attendance to and from the event;
vi. a description of any voice or musical amplification equipment to be
used; and
vii. any other information that may be required by the city in order to
establish additional requirements for the preservation of the public
health, safety and welfare.
5. Within three (3) days of the time the application has been filed with the
Parks and Recreation Department, the Deputy City Manager will be
notified of the event or function and will be provided copies of the
application for the purposes stated above and for the purpose of
assessing the demand placed upon services by the event and the impact
upon the area surrounding the park.
6. In addition to the requirements set forth in this section, the group shall
comply with any and all other applicable laws, statutes, ordinances,
resolutions and rules governing use of the parks. These requirements
include, but are not limited to, the payment of any fees or deposits, which
may be required for the use of a public park by this ordinance.
Playing Fields
Ballfields: Practice Fields
a. The City uses G-CISD facilities for baseball and softball practice fields.
b. The City does not charge a fee for the practice baseball fields and
softball fields at park facilities.
Ballfields: Game Fields
1 . Regulations
a. No person shall use the game fields in City Park for any purpose other
than playing softball or baseball.
b. During regular and post season play, all game fields are reserved for
the exclusive use of the youth sports associations, except for Sunday.
2. Fees and Refunds
Ordinance 0-02-1372
Page 7 of 12
a. During regular and post season play, the youth sports associations pay
a maintenance fee for use of the game fields.
b. The fee for each game field for residents and youth sports
associations, outside of the regular and post season play, shall be
$50.00 (without lights) and $80.00 (with lights) per session. The fee for
each game field for non-residents shall be $100.00 (without lights) and
$180.00 (with lights). Each session shall be no longer than two hours
in accordance with the reservation schedule maintained by the Parks
and Recreation Department.
c. Commercial or organized teams or teams playing games other than
those scheduled by the city's youth sports associations, shall be
required to pay a fee, as established by the Parks and Recreation
Department. Field reservations are required for such teams.
d. Refunds are available due to inclement weather, provided however,
that a request for a refund is submitted to the Parks and Recreation
Department, in writing, within one week of scheduled session. Failure
to submit a timely request for refund forfeits the refund. Rescheduling
in lieu of a refund is permitted based upon availability of time slots.
e. A request for a waiver of the use of the Ball Fields: Game Fields must
be submitted, in writing, to the Parks and Recreation Department for
consideration and approval of the Colleyville City Council.
3. Reservations:
a. All fields are available by reservation only and only for the time slot
reserved. Time slots for reservations are available in two-hour
increments as seasonal conditions permit. The schedule shall be
determined and approved by the Parks and Recreation Department
Manager or representative.
b. Each person or team is limited to one (1) time slot per week (Monday
through Saturday) per calendar month. Reservations must include the
name of the coach or assistant coach, address and phone number, as
set forth in this ordinance. No more than one person from a team may
schedule a reservation. Reservations shall not conflict with scheduled
youth sports association league play.
c. Youth sports associations and residents may make reservations one
week (seven calendar days) prior to the succeeding month. Non-
residents may make reservations commencing on the first business
day of the month.
Ordinance 0-02-1372
Page 8 of 12
d. Any person or team found to be violating the terms of this policy shall
be denied access to the fields for the remainder of the season.
e. The Parks and Recreation Manager or his designated representative is
authorized to designate any game field owned or leased by the City a
closed field for maintenance or to protect the surface of the game field
from damage.
f. It shall be unlawful to go upon a game field which has been designated
as a closed field and has posted thereon a sign stating "Closed Field -
Do Not Trespass Upon This Field - $1.00 - $500.00 Fine" unless the
purpose for going upon a closed field is to maintain such field.
Soccer Fields:
Practice Fields
1. Fees and Refunds
a. The City does not charge a fee for practice soccer fields for youth
sports associations and residents.
b. Commercial or organized teams or teams playing games other than
those scheduled by the city's recreational sports associations, shall be
required to pay a fee, as established by the Parks and Recreation
Department. Field reservations are required for such teams.
2. Reservations
a. Practice fields are available on a first-come first-serve basis. Local
sports associations and teams have priority. Any person or team found
to be violating the terms of this policy shall be denied access to the
practice fields for the remainder of the season.
Soccer Fields:
Game Fields
1 . Fees and Refund
a. The fee for each game field for youth sports associations and residents
shall be $50.00 (without lights) and $100.00 (with lights) per session.
The fee for each game field for non-residents shall be $125.00 (without
lights) and $175.00 (with lights). Each session shall be no longer than
two (2) hours in accordance with the reservation schedule maintained
by the Parks and Recreation Department.
b. Commercial or organized teams, or teams playing games other than
those scheduled by the City's recreational sports associations, shall be
required to pay a fee, as established by the Parks and Recreation
Department. Field reservations are required for such teams.
Ordinance 0-02-1372
Page 9 of 12
c. A request for a waiver of the use of the Ball Fields: Game Fields must
be submitted, in writing, to the Parks and Recreation Department for
consideration and approval of the Colleyville City Council.
d. Refunds are available due to inclement weather, provided however,
that a request for a refund is submitted to the Parks and Recreation
Department, in writing, within one week of scheduled practice. Failure
to submit a timely request for refund forfeits the refund. Rescheduling
in lieu of a refund is permitted based upon availability of time slots.
2. Reservations
a. All fields are available by reservation only and for the time slot
reserved. Time slots for reservations are available in two (2) hour
increments, as seasonal conditions permit. The schedule shall be
determined and approved by the Parks and Recreation Department
Manager or representative.
b. Any scheduled game on the game fields or use of the game fields shall
be played in uniform with licensed officials.
c. Each person or team is limited to one (1) time slot per week (Sunday
through Saturday) per calendar month. Reservations must include the
name of the individual or the team and coach, address and phone
number, as set forth in this ordinance. No more than one person from
a team may schedule a reservation. Reservations shall not conflict
with scheduled league play.
d. Youth sports associations and residents may make reservations one
week (seven calendar days) prior to the succeeding month. Non-
residents may make reservations commencing on the first business
day of the month.
e. Any person or team found to be violating the terms of this policy shall
be denied access to the game fields for the remainder of the season.
f. The Parks and Recreation Manager or his designated representative is
authorized to designate any game field owned or leased by the city a
closed field for purposes of maintenance or to protect the surface of
the game field from damage.
g. It shall be unlawful to go upon a game field which has been designated
as a closed field and has posted thereon a sign stating "Closed Field -
Do Not Trespass Upon This Field - $1.00 to $500.00 Fine" unless the
purpose for going upon a closed field is to maintain such field.
Ordinance 0-02-1372
Page 10 of 12
Other Rental Facilities, including but not limited to sand volleyball,
in-line hockey courts and basketball courts.
1. Fees
a. The City does not charge a fee for the use of the sand volleyball,
horseshoes, foursquare, in-line hockey and basketball courts.
b. No person shall use the tennis courts, the practice or game fields or
any area of a public park to charge a fee for any purpose, including
private lessons or clinics.
2. Reservations
a. All courts are available for use on a first-come, first-serve basis.
Use of Certain Shoes Prohibited
a. It shall be unlawful for a person to wear cleated shoes on the in-line
hockey or basketball courts.
Concessions
1. The City may have concession contract(s) granting particular vendors
exclusivity. All concession vendors must obtain a health permit.
Residents and non-residents may request use of a concession stand.
Requests must be in writing and will be reviewed by the Parks and
Recreation Department Manager and the Deputy City Manager.
Sports Clinics
1 . Any individual or group seeking use of a park or playing field to conduct a
sports clinic shall reserve the park or playing field by completing the
appropriate application forms in the Parks and Recreation Department and
pay a fee for the clinic to be held, as determined by the Parks and
Recreation Department.
2. Scheduling of the clinics shall be determined and approved by the Parks
and Recreation Manager or designated representative. Clinics shall not
conflict with any scheduled league play.
3. The applicant shall purchase a liability insurance policy naming the City as
an additional insured, in an amount to be determined by the City.
Sec. 3.
Sec. 4.
Sec. 5.
Ordinance 0-02-1372
Page 11 of 12
Enforcement
1.
The Parks and Recreation Department shall have the primary
responsibility for the enforcement of this policy and all codes and
ordinances regulating the conduct and use of park and athletic facilities.
The Chief of Police shall have secondary responsibility for such
enforcement.
This Ordinance shall be and is hereby declared to be cumulative of all
other ordinances of the City of Colleyville, and this ordinance shall not
operate to repeal or affect any of such other ordinances except insofar, as
the provisions thereof might be inconsistent or in conflict with the
provisions of this ordinance, in which such conflicting provisions, if any in
such other ordinance or ordinances are hereby repealed.
Any person, firm or corporation violating any provision of this ordinance
shall be deemed guilty of a misdemeanor, and upon conviction, be subject
to a fine not to exceed the sum of Five Hundred Dollars ($500.00). Each
day such violation continues or is allowed to exist shall constitute a
separate violation and be punishable hereunder.
That the City Secretary is hereby authorized to cause publication of the
description caption and penalty clauses of this ordinance as an alternative
method provided by law.
AND IT IS SO RESOLVED:
The first reading and public hearing being conducted on
2002.
day of November
day of November
The second reading and public hearing being conducted on
2002.
Ordinance 0-02-1372
Page 12 of 12
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
CITY COUNCIL
cce", AGENDA BRIEFING
iL~x"~
MEETING DATE:
ITEM#:
ORDINANCE # :
11/06/02
7
0-02-1373
CITY MANAGER i
DEPARTMENT HEAD :
FINANCE REVIEW
Previous Action: None
DEPARTMENT: FINANCE
SUBJECT : Amending Ordinance 0-02-1362 setting fees and
charges for city services and facilities
First Reading and Public Hearing
In FY02, staff researched the current parks and recreation fee structure related to facilities and
programs. In consideration of the findings above, staff recommends the following fees and
charges for city services and facilities:
Park Pavilion Rental
Ordinance 0-98-1108, which was approved on September 1, 1998, established the current
fees:
Non-Resident
Number of People Rate for four (4) hour rental
25 or less $ 25.00
26-50 $ 50.00
51 -1 00 $ 75.00
1 00-150 $100.00
Over 150 To be determined by Parks and Recreation Department
In addition to the fees, a deposit of $25.00 for four hours, not to exceed one hundred dollars
($100.00) for eight hours, as determined by the Parks and Recreation Manager. Residents are
not charged a fee or deposit.
A survey of the peer cities determined that all cities have a resident fee for park pavilion
rentals. The fees ranged from $10.00 per hour to $75.00 for six (6) hours. In FY02, there
were a hundred resident pavilion and 21 non-resident pavilion reservations. Staff recommends
a minimal resident charge of $10.00 for a three-hour rental and a non-resident fee of $35.00
for a three-hour rental.
Agenda Briefing
Ordinance 0-02-1373
Page 2 of 3
L. D. Lockett House Rental
Ordinance 0-92-880, which was approved on September 15, 1992, established a non-resident
rental fee of $5.00. On January 20, 1998, Ordinance 0-98-1087 established the current
weekday rental of $35.00 for two (2) hours and a weekend rental of $50.00 for two (2) hours.
In FY02, there were seven rentals.
Staff recommends that the fee be increased to $75.00 for two (2) hours rentals.
Webb House Rental
I n recent months, staff has been working with the Bransford Park Master Plan Committee
related to establishing the rental fee and usage structure for the Webb House. In anticipation
of the completion of the Webb House Rehabilitation project, the committee researched the rate
structure of area historical facilities and reviewed the current fee structure of the Colleyville
Community Center to assist in developing a rental fee structure for the Webb House.
The proposed Webb House rental fee structure is as follows:
Weekday Weekend
Monday -Thursday Friday - Sunday
Minimum Each Minimum Each
3 hours additional 4 hours additional
hour hour
Resident $60/ hr $20 / hr $80 / hr $35 / hr
Non Resident $90 / hr $35 / hr $1 30 / h r $55 / hr
Damage Deposit $200
Tennis Court Rental
Ordinance 0-98-1108, which was approved on September 1, 1998, established the tennis
court reservation fee as follows:
Resident
Non-Resident
$2.00 for 1.5 hours
$4.00 for 1.5 hours
A survey of the peer cities determined that cities were charging $1.00 to $2.50 for residents
per person and $2.00 to $4.00 per person for non-residents for the use of the tennis courts. In
FY02, there were 229 reservations for the tennis courts. Staff recommends changing the
tennis court fee to per person versus per court.
Agenda Briefing
Ordinance 0-02-1373
Page 3 of 3
Non-Resident Recreation Class Fee
The City does not charge non-resident fees to individuals participating in recreation classes. A
survey of the peer cities determined that cities were charging between $3.00 and $10.00 for
non-residents to participate in a recreation class. Historically, the City's recreation programs
have consisted of approximately 40% non-residents. Staff recommends establishing a $5.00
non-resident fee per recreation class. This does not impact Colleyville residents.
On October 7, 2002, the Parks and Recreation Advisory Board unanimously approved the
above recommendations with an effective date of January 1, 2003.
Financial Impact
These changes will increase revenues by approximately $4,000 in FY 02.
Recommendation
Approval
Attachments
. Ordinance 0-02-1373
ORDINANCE 0-02-1373
AN ORDINANCE AMENDING ORDINANCE 0-92-880 WHICH SETS FEES AND
CHARGES FOR CITY SERVICES, AND SECTIONS OF THE CITY OF COLLEYVILLE
CODE OF ORDINANCES, TO BECOME EFFECTIVE JANUARY 1, 2003
WHEREAS, the City of Colleyville charges fees for miscellaneous services and
materials as authorized by Ordinance 0-92-880 and it is desirous to
update and add to those fees.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
THAT Section 2-26 entitled "Fees and charges for city services" of
Chapter 2 of the Code of Ordinances of the City of Colleyville, Texas,
paragraph (h) is hereby amended with following additions:
Park Pavillion Rental-Colleyville resident
(per 3 hour increment)
Park Pavillion Rental-Non-Colleyville resident
(per 3 hour increment)
L.D. Lockett House Rental
(per 2 hour increment)
Webb House Rental
Weekday (Monday - Thursday) 3 hour minimum
Colleyville resident
Non-Colleyville resident
Weekday (Monday - Thursday) each additional hour
Colleyville resident
Non-Colleyville resident
Weekend (Friday - Sunday) 3 hour minimum
Colleyville resident
Non-Colleyville resident
Weekday (Friday - Sunday) each additional hour
Colleyville resident $ 35.00/hr
Non-Colleyville resident $ 55.00/hr
Webb House damage deposit $200.00
Tennis Court Rental- per person (per 1.5 hour increment)
Colleyville resident $ 2.00
Non-Colleyville resident $ 4.00
Non-resident recreation class fee $ 5.00
Sec. 1.
2-26 (h):
$ 10.00
$ 35.00
$ 75.00
$ 60.00/hr
$ 90.00/hr
$ 20.00/hr
$ 35.00/hr
$ 80.00/hr
$130.00/hr
Ordinance 0-02-1373
Page 2 of 2
Sec. 2.
THAT the effective date of this ordinance shall be January 1, 2003.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
of 2002.
day
The second reading and public hearing being conducted on the
of 2002.
day
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
CITY COUNCIL
cc@n", AGENDA BRIEFING
i..,:-,;,,:;
MEETING DATE:
ITEM # :
ORDINANCE # :
11/06/02
8
0-02-1374
CITY MANAGER i
DEPARTMENT HEAD ; -:sc. """"
FINANCE REVIEW i N.A.
Previous Action: None
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Amending 0-01-1284 approving the Village
Monticello Partners, Ltd., Village Management Ltd.,
Village Owner's Association (VOA) , and Realty
Capital Corporation City/Developer Agreement
First Reading and Public Hearing
Backqround
Over the past several months, staff and representatives of the Village at Colleyville have met
to discuss amendments to the City/Developer Agreement (CDA) for the Village at Colleyville.
The amendments are needed to clarify several provisions of the CDA and to make the CDA
consistent with the proposed Village zoning ordinance changes (Ordinance 0-02-1337.4) and
the existing Tax Increment Financing District Agreement. On advice from the City Attorney,
several provisions were deleted, as the items are already required under the Village zoning
ordinance or the Land Development Code.
The original agreement was approved by the City Council on June 20,2000 (Ordinance 0-00-
1219). The agreement has been modified three times to specify the City's participation in
construction costs for public improvements related to water, sewer and roadways (Ordinances
0-00-1234,0-00-1251, and 0-001-1284). The most current agreement was approved by the
City Council and signed by the Mayor on July 17, 2001 (Ordinance 0-01-1284).
Attached is the revised City/Developer Agreement as agreed to by staff and the developer,
with underline and strike-through text detailing the changes. The following is a detailed list of
the changes between the two documents.
Opening paragraphs. Realty Capital Corporation and the Village Owner's Association have
been added as parties to the agreement.
Item 9. The timing for the design and construction of the intersection of Thompson Terrace
with Main Street has been changed to coincide with the widening of State Highway 26 by
TXDOT. The existing agreement set a deadline of January 1, 2004.
Item 10. The timing for the acquisition of right-of-way for the realignment of Thompson
Terrace with Main Street has been changed to coincide with the widening of State Highway 26
by TXDOT. The existing agreement set a deadline of January 1, 2004.
Agenda Briefing
Ordinance 0-02-1374
Page 2 of 3
Item 12. The timing for the design and installation of the permanent traffic signal at Thompson
Terrace and Main Street has been changed to coincide with the widening of State Highway 26
by TXDOT. The existing agreement set a deadline of January 1,2004.
Item 13. Language was added to require the developer to install the landscaping and irrigation
improvements in all public areas, as approved by the City in all public parks. The Village
Owner's Association has been named the responsible party for keeping plant material healthy
and growing.
Item 14. The type of gate to be built at the west end of Central Drive has been clarified to be a
4-foot wide pedestrian gate. The Village Owner's Association will maintain and repair the gate
after installation; the current agreement requires the City to maintain the gate. Language has
also been added to require a Knox Box system to be installed for Fire Department and
emergency personnel access.
Item 15. The requirements for the construction of masonry screening fences have been
deleted, as these requirements are already part of the adopted Village at Colleyville zoning
ordinance. The language has also been modified to require the developer to make a
contribution of $15,000 to the City Hall-Library Construction Fund in lieu of building the 8-foot
tall wrought iron fence along the City Park and Village at Colleyville property line.
Item 16. The date for the City and developer to further define and agree upon specific parking
regulations for the Village has been extended from September 1, 2000 to September 1, 2003.
As more buildings are constructed in the project, parking issues can be better addressed as
those issues are identified.
Item 17. This item has been clarified to require the Village Owner's Association to pay for the
surface cleaning of the public parking lots and provide for clearing of litter and other debris.
The City will be responsible for repairing and maintaining the concrete structure of the public
parking lots.
Item 18. This item has been clarified to require the developer to install, maintain and operate
all streetlights. The City will pay for the costs of electricity for street lights, as is in other areas
of the city.
Item 19. This item requires the City to install certain sidewalks along Thompson Terrace and
Glade Road, and along Pleasant Run Road from Bogart Drive to the Village. The sidewalks
are required to be constructed within 12 months after the completion of infrastructure in Phase
1 of the Village. Staff has identified the costs for the construction of the sidewalks as follows:
Thompson Terrace/Glade Road
Bogart Drive to Village at Colleyville
$116,796
$ 172,692
Detailed sidewalk construction cost estimates are attached. Staff is examining grant
opportunities and other funding sources for the construction of these sidewalks.
Agenda Briefing
Ordinance 0-02-1374
Page 3 of 3
Item 20. The language has been clarified to require the developer to construct, repair and
maintain drainage improvements on Lots 52 and 77, which generally covers the creek area
adjacent to Colleyville Boulevard. The City agrees to remove debris in the easement if the City
determines that a potential flood hazard exists.
Building and Sign Permits. Language has been deleted that required the City to withhold
building and sign permits until the Architectural Control Committee provided written
authorization. This language is already in the approved Village at Colleyville zoning ordinance.
Public Improvements. Language has been deleted that required the developer to provide 2-
year maintenance bonds, as this is already required by the Land Development Code.
Perimeter Street Improvements. Language has been deleted that required the developer to
rebuild Pleasant Run Road, as this is already required by the Land Development Code.
Impact Fees. Language has been deleted that required the developer to pay applicable
impact fees, as this is already required by the Land Development Code.
The revision to the Village at Colleyville PUD-C zoning ordinance, Ordinance 0-02-1337.4, is
currently tabled. The ordinance will be placed on the November 19, 2002, City Council agenda
so it may be considered at the same meeting action is taken on the City/Developer Agreement.
Recommendation
Approval
Attachments
· City/Developer Agreement with revisions
· Ordinance 0-01-1284
· Sidewalk Construction Cost Estimates
· Ordinance 0-02-1374
City of Colleyville
City-Developer Agreement
for
The Village at Colleyville
That Village Monticello Partners, Ltd., Village Management, kb(; Ltd., Villaqe
Owner's Association (VOA) and Realtv Capital Corporation, collectively called
"Developer" and the City of Colleyville, Tarrant County, Texas hereinafter called
"City", enter into the following agreement.
In consideration of the mutual covenants herein contained and for The Village at
Colleyville ("The Village"), which is shown on the attached Exhibit "A" and which
shall be an addition to the City of Colleyville, Texas as filed of record in the Plat
Records of Tarrant County, Texas, the parties hereto agree:
1. Developer and City agree to exchange the City's undeveloped strip of land
(59' by 944') on Pleasant Run Road for all of Lot 42 in The Village owned
by the Developer. Lot 42 contains five building sites and a total of 15
units. Appraisals showed the City land to be worth $160,000 and the five
sites on Lot 42 to be worth $419,000.
2. Developer agrees to construct the main parking lot on Lot 4R, Block 1,
including parking lot lighting and landscaping. Construction costs of the
parking lot, including lighting and landscaping, are estimated by Baird,
Hampton and Brown to cost approximately $475,000.
3. City agrees to contribute $210,000 towards the construction costs of the
parking lot on Lot 4R, Block 1. This contribution shall be delivered to The
Village during the construction of this parking lot, upon delivery of invoices
to the City.
4. The Village Owner's Association ("VOA") will clean the parking lot on Lot
4R, Block 1 and maintain the landscaping in and around the parking lot.
The City will pay the cost of electricity for the parking lot light poles and
the water costs for the landscaping.
5. City agrees to pay Developer for the oversizing cost between an 8-inch
water line and a 12-inch water line installed between Pleasant Run Road
and the City Park as shown on the City-approved construction plans titled
"Water Plan" prepared by Baird, Hampton, and Brown. (estimated cost to
City = $15,250) Actual cost of construction is $18,052.50.
6. City agrees to pay Developer the cost for utility improvements performed
along the Chase Bank property for Fe> leeatiFlQ relocation of an 8-inch
water line and an 8-inch sanitary sewer line out of the proposed future
Highway 26 right-of-way, as shown on the City approved construction
plans titled 'Water Plan" prepared by Baird, Hampton, and Brown.
(estimated cost to City = $30,500) Actual cost of construction is
$35,667.00.
7. City agrees to pay Developer the cost for the 12-inch water line installed
from ~ Hiohwav 26 along Pleasant Run Road to the realigned portion
of Pleasant Run Road a not to exceed amount of $16,225.00.
8. City agrees to coordinate and implement the design and construction of
realigning Thompson Terrace with Main Street at Highway 26 at the time
of the Highway 26 widening by TxDOT. This includes installing a ten-inch
water pipe under Thompson Terrace outside of the proposed future
Highway 26 right-of-way.
9. City and Developer agree to equally share the costs of re-constructing that
portion of Thompson Terrace.. which has to be re-aligned with Main Street..
which is not paid for by tRe TxDOT. If tRS TR€HflJ3S€)I~ Tsrra8s .' Hi~R'I:SY 28
iRtsrss8tisR is RSt fS B\;Iilt BY JSR\;ISry 1, 2994, tRSR tRS gsvslsJ3sr msy J3ay
for tRS €lssi~R SRei 8sRstr\;l8tisR sf aRY sr all sf tRSSS imJ3f8\'smsRts,
J3fsvi€ls€l RS'I:svsr, tRat tRS City 'Nill still sRafs iR tRS 8SSt sf tRS TRsmJ3SoR
TSf:ra8s fe ali~RmsRt €ls88riBs€l sBs'/s. The Thompson Terrace/Hiohwav
26 intersection shall be re-built as part of the planned Hiqhwav 26
improvement proiect.
10. City agrees to acquire the right-of-way necessary to allow for the
construction of the road and utility improvements outlined in paragraph + ~
above. It is agreed that this condemnation will be done in conjunction with
the Highway 26 widening. If the City has not acquired the necessary right-
of-way by JSR\;IarJ 1, 2994 as part of the planned Hiohwav 26
improvement proiect, then the Developer may attempt to acquire on the
City's behalf, provided however, that the City will assist the Developer (at
the Developer's expense) with the condemnation process, if reasonably
necessary.
11. City agrees to recommend approval to the Texas Department of
Transportation (TxDOT) of the Highway 26 median improvements as
shown on the attached Exhibit "B" titled "Proposed Median Treatment
Colleyville Boulevard (SH 26) Glade Road to Thompson Terrace"
prepared by Parsons Transportation Group.
12. City agrees to pay the design and installation costs for a temporary traffic
signal at the Main Street/Highway 26/Thompson Terrace intersection. It is
understood and agreed that the City will desion the permanent traffic
signals will BS €ls8i~Rs€l BY tRS City and will be constructed by TxDOT in
conjunction with the Highway 26 widening. If the permanent signal is not
installed BY JaR\;Isr'J 1, 2994 as part of the planned Hiohwav 26
improvement proiect, the Developer may elect to pay for the design of the
permanent traffic signal'i' and the City shall construct it.
13. Developer agrees that The Village Owner's Association (the "VOA") will
pay the total cost of continued maintenance and repairs of any
landscaping and irrigation systems installed in all public areas (streets,
parks, etc.) in The Village. City shall pay for the landscape watering costs
in the public areas. Developer shall install the landscapinq and irriqation
improvements as approved by the City in all public parks in The Villaqe.
TRs DS'Jslef)8r The Villaqe Owner's Associaiton agrees that tRS City PEH:hS
[)sJ3artFRs~t will Ravs rsase~aBls se~trel ef tRS irri~atie~ i~ a FRa~~sr tRat
to keeps plant material healthy and growing.
14. Developer agrees to pay the total cost of installation of a four (4) foot wide
pedestrian gate at the west end of Central Drive with key access. Gity
61~rsss te The Villaqe Owner's Association shall maintain and repair the
gate after installation. A Knox Box system shall be provided for Fire
Department and emerqency personnel access.
15. Developer agrees to make a contribution of $15,000 to the City Hall-
Library Construction Fund in lieu of construction of an eight-foot tall
wrouqht iron fence alonq the City Park and Villaqe at Collewille property
line. Said contribution shall be made to the City by Auqust 31, 2003.
se~strl:lst em Si~Rt met FRase~F'1 ssrss~i~~ 'Nail ale~~ tRS tRrss €leFRFRe~
J3mJ3sFty li~ss \'JitR Trast 2.'\2, Q.Q.B. 8. C.R.R. Ce. ~l:Ir;vsy, .\Bstrast 2Qij
61S J3art ef PRass I ef tRS J3~sst. DsvslE~J3sr a~rsss te i~stall a sbe met
FRase~r:y sSfs(~)Ai~~ '.\'all ale~~ tRS s~tirs Is~~tR ef tRS ~ertRsm Bel:l~€!ary ef
TRs '.filla~s freFR City ParI< te Plsasa~t Rl:I~ Rea€! a~€! a~ si~Rt feet,
\':fel:l~Rt im~ fs~es \':itR eJ3s~i~~s f€lr ~atss al€l~~ u~s s~tirs 'NSStSrA
J3r€lJ3sFty Ii~s WRSfS Tns '.filla~s is a€!jaes~t t€l tRS City Pari'\. at tRS tiFRS tns
I€lts tRat aBl:It tRSSS J3reJ3srty li~ss Ravs s8FRJ3lsts€! strssts a~€! l:Itilitiss
wnieR Ravs BSS~ aeesJ3ts€! BY tRS City.
16. City agrees to enforce the parking regulations within The Village as
referenced in Section 10 of Zoning Ordinance 0-99-1141, provided
however, that the Developer shall pay the cost of the administration and
the City's enforcement of such parking regulations until building permits
have been issued for eighty building sites in The Village. Thereafter, the
City shall pay the enforcement costs of parking regulations. By September
1, ~ 2003, City and Developer shall attempt to further define and agree
upon specific parking regulations for The Village.
17. Developer shall design and construct all public parkinq lots and parks.
a~rsss tRst tIhe VOA shall pay for the surface cleaning of public parking
lots and provide for c1earinq of litter and other debris. The City shall repair
and maintain the concrete structure such public parking lots.
18. Developer shall install, maintain and operate all streetlights and street
signs as approved by the City in The Village. TRereaftef, tlhe City shall
maintaiFl aFl€J @~eFate tRem pay the costs of electricity for the street liQhts.
1 Q. ge',/el@~sr sRal1 iFlstall tRe lan€JsB61~iFlQ aFl€J irf-iQati@F1 im~f-m.'emsFlts as
a~~f-@\'e€J BY City if-! alll3b1BliBl3arl~s in TRs VillaQs.
2Q. City aQrees ts 'NitRRsl€J Bl;;til€JinQ aFl€J siQn l3ermits in TRe VillaQe l;;tntil tR8
6l~l3liBant €JsliveFS 'NrittsFI 6ll;;ttRsrization from tRe '10.'\'s Ar€RitsBtblral
Csntrel Csmmittss tRat tRe I3lans are aBBe~taBls ts tRe VOA.
21.19. Within twelve months after completion of infrastructure in the first
phase of The Village, City agrees to install: (a) at least six-foot wide
sidewalks on Thompson Terrace and Glade Road from Highway 26 to the
east to connect to the recently installed sidewalk on Glade Road; (b) a six-
foot wide sidewalk on Pleasant Run Road from Bogart Road connecting to
the sidewalk constructed by The Village on Pleasant Run Road. (This will
allow citizens to ride their bikes from Hall-Johnson and Glade all the way
to the City Park and The Village.)
22. 20. Developer agrees to construct. repair and maintain all public drainage
easement improvements in The Village on the followinq lots: Lot 52 and
Lot 77. as noted on the VillaQe at Collevville subdivision plat recorded in
Cabinet A. Slide 6292. Plat Records, Tarrant County, Texas. City agrees
to rel3air an€J maintaiR SblBR iml3rsvemeFlts after aBBe~tinQ tRem remove
debris alonQ the public drainaqe easement on said Lot 52 and Lot 77 if the
City determines that a potential flood hazard exists.
23. Dsvslsl3sr aQfees ts ~rsvi€Js tRS City witR a 2 year maintenanBs Bsn€J sn
6l1113l;;tl3liB iml3rovsments.
24.21. Developer agrees to pay all overtime construction inspection fees
incurred by the City during the infrastructure construction in The Village.
28. City a~rees ts 'naive alll3erimeter street fees fer PleasElnt Rl;;tn R@EI€J sinBs
iRe Qs\'slsl3er is re l3l;;til€JinQ tRS rea€J alsf-!Q its I3re~erty frsAtaQs.
26. 22. Developer agrees that the City is not responsible for maintenance of
the sewer lines from the sewer mains to the buildings. Maintenance of this
section of the sewer lines will be the responsibility of the building unit
owners.
27. ge\'els~er a~rees tRat all a~~lieaBle im~Elet fees '1,'i11 Be ~ai€J BY eEleR
Bl;;til€JinQ s'.vner I3risr ts issblElnee sf a Bl;;til€Jin~ I3srmit fer tRat Bl;;til€JiFlQ.
28. 23. Developer agrees to reimburse the City for the drainage
improvements constructed along Pleasant Run Road as part of +!he
Village at Colleyville~ Phase II~ construction so as to complete the
Pleasant Run Road concrete section to the Main Street Intersection
Improvements. The Developer will reimburse the City in an amount not to
exceed $23,279.25 at the time of construction for the Village at Colleyville
Phase II~ or three ill years from the date of this aAgreement.
24. Accordinq to Resolution R-02-1981. approved on Julv 18. 2002.
Realty Capital Corporation will reimburse approximatelv $105.000 for
utilitv improvements within thirty (30) days from the date the City notified
Realty Capital Corportion. of the City's payment of the utility
improvements. Anv amount not paid bv that date shall bear interest at the
of 9 % percent simple interest compounded annuallv until paid. In any
event. the amount to be paid bv Realtv Capital Corporation shall be paid
on or before the issuance of any building permits for Phase II or
December 31.2004.
Developer (Village Monticello Partners, Ltd. and Village Management, Ltd. bbG,
VillaQe Owner's Association. and Realtv Capital Corporation)
Date:
Name: Richard A. Myers
Title: President of the General Partner
City (City of Colleyville)
Date:
Name: Donna Arp
Title: Mayor
ORDINANCE 0-01-1284
AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT
FOR PUBLIC IMPROVEMENTS BETWEEN VILLAGE MONTICELLO PARTNERS,
LTD., VILLAGE MANAGEMENT. LLC. AND THE CITY OF COLLEYVILLE, TEXAS
WHEREAS. Village Monticello Partners, Ltd., Village Management, LLC. (Developer)
shall construct public improvements and the City of Colleyville, Texas
shall participate in the cost as determined by municipal ordinance under
Subchapter C. Developers Participation in Contract for Public
Improvements, Local Government Code, State of Texas; and
WHEREAS. The City of Colleyville and Developer have entered into a City-Developer
Agreement for The Village at Colleyville, which specifies certain
construction costs that the City has agreed to participate in with the
Developer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
THAT the Developer shall construct the improvements and the City shall
participate in their cost.
THAT the City's total cost participation ($311,193.25) does not exceed
thirty percent (30%) of the total contract price.
THAT the City's participation in the oversizing of public improvements
required by the City does not exceed one hundred percent (100%) of the
total costs of the oversizing so required.
THAT the Developer must execute a performance bond for the
construction of the improvements to ensure completion of the project, said
bond must be executed by a corporate surety in accordance with Chapter
2253, Government Code.
THAT the City shall be reimbursed by the Developer the total cost
participation by the City if City finds there was any undue loading of cost,
collusion, or fraud.
THAT all of the Developer's books and other records related to the project
shall be available for inspection by the City.
Ordinance 0-01-1284
Page 2 of 2
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the /9 ~day of
~ ,2001.
The second reading and public hearing being conducted on the ~ day of
1~ ,2001.
ATTEST:
CITY OF COLLEYV1LLE
0~~~
Cynthia Singleton, TRMC
City Secretary
i:~~
Mayor
APPROVED AS TO FORM AND LEGALITY:
f~
Ross T. Foster
City Attorney
Sidewalk Construction Estimate
Thompson Terrace
SH26 to Glade to City Garage
Prepared October 29,2002
mie_ ).)
Sidewalks & ramps
6' Concrete sidewalk 1570 If $24.00 $37,680.00
Handicap Ramps 2 each $750.00 $1,500.00
Demo existinQ 4' sidewalks 210 If $10.00 $2,100.00
Drainage
18" rcp 150 If $40.00 $6,000.00
Misc Gradework 1 Is $1,200.00 $1,200.00
Culvert modifications 1 Is $1,000.00 $1,000.00
small pedestrian bridQe 1 ea $3,000.00 $3,000.00
Misc construction items
Concrete sawcut 1 Is $200.00 $200.00
Tree removal 1 Is $3,100.00 $3,100.00
Remove & replace brick mailbox 1 ea $1,500.00 $1,500.00
Remove & replace conc 12' driveway 1 ea $2,500.00 $2,500.00
Remove & replace conc 20' driveway 2 ea $5,000.00 $10,000.00
Remove & replace conc 27' driveway 1 ea $6,000.00 $6,000.00
Manhole adiustment 1 ea $250.00 $250.00
Fire hydrant relocation 1 ea $1,500.00 $1,500.00
Utility adjustments 1 Is $500.00 $500.00
Tree trimminQ / brush removal 1 Is $300.00 $300.00
Plant removal & replacement 1 Is $1,000.00 $1,000.00
Other
SurvevinQ 1 Is $5,000.00 $5,000.00
ROW purchase 6500 sf $2.00 $13,000.00
Subtotal $97,330.00
EnQineerinQ fees ~ 10% $9,733.00
Const. contingency 10% $9,733.00
i::!:!liU!:!:liUi:! _'ii: ii))
Sidewalk Construction Estimate
Pleasant Run Road
Bogart Drive to the Villages of Colleyville
Prepared October 29, 2002
--
Sidewalks & ramps
6' Concrete sidewalk 2420 If $24.00 $58,080.00
Handicap Ramps 8 each $750.00 $6,000.00
Demo existinq 4' sidewalks 820 If $10.00 $8,200.00
Drainage
48" rcp 12 ( If $100.00 $1,200.00
24" rep 36 If $50.00 $1,800.00
18" rcp 12 If $40.00 $480.00
Misc Gradework 1 Is $1,200.00 $1,200.00
Misc construction items
Concrete sawcut 1 Is $200.00 $200.00
Tree removal 1 Is $4,000.00 $4,000.00
Remove brick monument 1 Is $1,000.00 $1,000.00
Fence removal 1 Is $600.00 $600.00
Fence removal & replacement 710 If $15.00 $10,650.00
Tree trimminq / brush removal 1 Is $1,500.00 $1,500.00
Plant removal & replacement 1 Is $1,000.00 $1,000.00
Crosswalk buttons @ Bogart Dr 1 Is $1,000.00 $1,000.00
Other
Surveyinq 1 Is $15,000.00 $15,000.00
ROW purchase 16000 sf $2.00 $32,000.00
Subtotal $143,910.00
Enqineerinq fees @ 10% $14,391.00
Const. contingency 10% $14,391.00
_Ii - - ii)) -
ORDINANCE 0-02-1374
AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT
FOR PUBLIC IMPROVEMENTS BETWEEN VILLAGE MONTICELLO PARTNERS,
LTD., VILLAGE MANAGEMENT, LTD., VILLAGE OWNER'S ASSOCIATION,
REALTY CAPITAL CORPORATION AND THE CITY OF COLLEYVILLE.
WHEREAS, Village Monticello Partners, Ltd., Village Management, Ltd., Village
Owner's Association, and Realty Capital Corporation (Developer) shall
construct public improvements and the City of Colleyville, Texas, shall
participate in the cost as determined by municipal ordinance under
Subchapter C. Developers Participation in Contract for Public
Improvements, Local Government Code, State of Texas; and
WHEREAS, The City of Colleyville and Developer have entered into a City-Developer
Agreement for the Village at Colleyville, which specifies certain
construction costs that the City has agreed to participate in with the
Developer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the City/Developer Agreement, as attached, with Village
Monticello Partners, Ltd., Village Management, Ltd., Village Owner's
Association, and Realty Capital Corporation (Developer) is hereby
approved.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2002.
day of
The second reading and public hearing being conducted on the
2002.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
City of Colleyville
City/Developer Agreement
for the Village at Colleyville
The Village Monticello Partners, Ltd., Village Management Ltd., Village Owner's
Association (VOA), and Realty Capital Corporation, collectively called
"Developer" and the City of Colleyville, Tarrant County, Texas, hereinafter called
"City", enter into the following agreement.
In consideration of mutual covenants herein contained and for the Village at
Colleyville ("the Village"), which is shown on the attached Exhibit "A" and which
shall be an addition to the City of Colleyville, Texas as filed of record in the Plat
Records of Tarrant County, Texas, the parties hereto agree:
1. Developer and City agree to exchange the City's undeveloped strip of
land (59' by 944') on Pleasant Run Road for all of Lot 42 in the Village
owned by the Developer. Lot 42 contains five building sites and a total
of 15 units. Appraisals showed the City land to be worth $160,000 and
the five sites on Lot 42 to be worth $419,000.
2. Developer agrees to construct the main parking lot on Lot 4R, Block 1,
including parking lot lighting and landscaping. Construction costs of
the parking lot, including lighting and landscaping, are estimated by
Baird, Hampton and Brown to cost approximately $475,000.
3. City agrees to contribute $210,000 towards the construction costs of
the parking lot on Lot 4R, Block 1. This contribution shall be delivered
to the Village during the construction of this parking lot, upon delivery
of invoices to the City.
4. The Village Owner's Association ("VOA") will clean the parking lot on
Lot 4R, Block 1 and maintain the landscaping in and around the
parking lot. The City will pay the cost of electricity for the parking lot
light poles and the water costs for landscaping.
5. City agrees to pay Developer for the oversizing cost between an 8-inch
water line and a 12-inch water line installed between Pleasant Run
Road and City Park as shown on the City-approved construction plans
titled "Water Plan" prepared by Baird, Hampton, and Brown.
(Estimated cost to City = $15,250) Actual cost of construction is
$18,052.50.
6. City agrees to pay Developer the cost for utility improvements
performed along the Chase Bank property for relocation of an 8-inch
water line and an 8-inch sanitary sewer line out of the proposed future
Highway 26 right-of-way, as shown on the City approved construction
plans titled, "Water Plan" prepared by Baird, Hampton and Brown.
(Estimated cost to City = $30,500) Actual cost of construction is
$35,667.00.
7. City agrees to pay Developer the cost for the 12-inch water line
installed from Highway 26 along Pleasant Run Road to the realigned
portion of Pleasant Run Road a not to exceed amount of $16,225.00.
8. City agrees to coordinate and implement the design and construction
of realigning Thompson Terrace with Main Street at Highway 26 at the
time of the Highway 26 widening by TXDOT. This includes installing a
ten-inch water pipe under Thompson Terrace outside of the proposed
future Highway 26 right-of-way.
9. City and Developer agree to equally share the costs of re-constructing
that portion of Thompson Terrace, which has to be realigned with Main
Street, which is not paid for by TXDOT. The Thompson
Terrace/Highway 26 intersection shall be re-built as part of the planned
Highway 26 improvement project.
10. City agrees to acquire right-of-way necessary to allow for the
construction of the road and utility improvements outlined in paragraph
8 above. It is agreed that this condemnation will be done in
conjunction with the Highway 26 widening. If the City has not acquired
the necessary right-of-way as part of the planned Highway 26
improvement project, then the Developer may attempt to acquire on
the City's behalf, provided however, that the City will assist the
Developer (at the Developer's expense) with the condemnation
process, if reasonably necessary.
11. City agrees to recommend approval to the Texas Department of
Transportation (TXDOT) of the Highway 26 median improvements as
shown on the attached Exhibit "B" titled "Proposed Median Treatment
Colleyville Boulevard (SH26) Glade Road to Thompson Terrace"
prepared by Parsons Transportation Group.
12. City agrees to pay the design and installation costs for a temporary
traffic signal at the Main Street/Highway 26/Thompson Terrace
intersection. It is understood and agreed that the City will design the
permanent traffic signals and will be constructed by TXDOT in
conjunction with the Highway 26 widening. If the permanent signal is
not installed as part of the planned Highway 26 improvement project,
the Developer may elect to pay for the design of the permanent traffic
signal and the City shall construct it.
13. Developer agrees that the Village Owners' Association (the "VOA") will
pay the total cost of continued maintenance and repairs of any
landscaping and irrigation systems installed in all public areas (streets,
parks, etc.) in the Village. City shall pay for the landscape watering
costs in public areas. Developer shall install the landscaping and
irrigation improvements as approved by the City in all public parks in
the Village. The Village Owner's Association agrees to keep plant
material healthy and growing.
14. Developer agrees to pay the total cost of installation of a four (4) foot
wide pedestrian gate at the west end of Central Drive with key access.
The Village Owner's Association shall maintain and repair the gate
after installation. A Knox Box system shall be provided for Fire
Department and emergency personnel access.
15. Developer agrees to make a contribution of $15,000 to the City Hall-
Library Construction Fund in lieu of construction of an eight-foot tall
wrought iron fence along the City Park and Village at Colleyville
property line. Said contribution shall be made to the City by August 31 ,
2003.
16. City agrees to enforce the parking regulations within the Village as
referenced in Section 10 of the Zoning Ordinance 0-99-1141, provided
however, that the Developer shall pay the cost of the administration
and the City's enforcement of such parking regulations until building
permits have been issued for eighty building sites in the Village.
Thereafter, the City shall pay the enforcement of parking regulations.
By September 1, 2003, City and the Developer shall attempt to further
define and agree upon specific parking regulations for the Village.
17. Developer shall design and construct all public parking lots and parks.
The VOA shall pay for the surface cleaning of public parking lots and
provide for clearing of litter and other debris. The City shall repair and
maintain the concrete structure of such public parking lots.
18. Developer shall install, maintain and operate all streetlights and street
signs as approved by the City in the Village. The City shall pay the
costs of electricity for the street lights.
19. Within twelve months after completion of infrastructure in the first
phase of the Village, City agrees to install: (a) at least six-foot wide
sidewalks on Thompson Terrace and Glade Road from Highway 26 to
the east to connect to the recently installed sidewalk on Glade Road;
(b) a six-foot wide sidewalk on Pleasant Run Road from Bogart Road
connecting to the sidewalk constructed by the Village on Pleasant Run
Road. (This will allow citizens to ride their bikes from Hall-Johnson
Road and Glade Road all the way to City Park and the Village).
20. Developer agrees to construct, repair and maintain all public drainage
easement improvements in the Village on the following lots: Lot 52 and
Lot 77, as noted on the Village at Colleyville subdivision plat recorded
in Cabinet A, Slide 6292, Plat Records, Tarrant County, Texas. City
agrees to remove debris along the public drainage easement on said
Lot 52 and Lot 77 if the City determines that a potential flood hazard
exists.
21. Developer agrees to pay all overtime construction inspection fees
incurred by the City during the infrastructure construction in the Village.
22. Developer agrees that the City is not responsible for maintenance of
sewer lines from the sewer mains to the buildings. Maintenance of this
section of the sewer lines will be the responsibility of the building unit
owners.
23. Developer agrees to reimburse the City for the drainage improvements
constructed along Pleasant Run Road as part of the Village at
Colleyville, Phase II, construction so as to complete the Pleasant Run
Road concrete section to the Main Street Intersection Improvements.
The Developer will reimburse the City in an amount not to exceed
$23,279.25 at the time of construction for the Village at Colleyville,
Phase II, or three (3) years from the date of this Agreement.
24. According to Resolution R-02-1981, approved on July 18, 2002, Realty
Capital Corporation will reimburse approximately $105,000 for utility
improvements within thirty (30) days from the date the City notified
Realty Capital Corporation, of the City's payment of the utility
improvements. Any amount not paid by that date shall bear interest at
the rate of 9 ~ percent simple interest compounded annually until paid.
In any event, the amount to be paid by Realty Capital Corporation shall
be paid on or before the issuance of any building permits for Phase II
or December 31,2004.
Developer (Village Monticello Partners, Ltd., Village Management Ltd., Village
Owner's Association, and Realty Capital Corporation)
Date:
Name: Richard A. Myers
Title: President of the General Partner
City (City of Colleyville)
Date:
Name: Donna Arp
Title: Mayor
CITY COUNCIL
cte)' Qr
cce'" AGENDA BRIEFING
j('~.'i,,$
MEETING DATE: 11/06/02 CITY MANAGER i ,
~ -
1 ;
ITEM # : 9 DEPARTMENT HEAD ':i'tlt
RESOLUTION # : R-02-2048 FINANCE REVIEW j N.A.
Previous Action: None
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of a waiver of perimeter street
improvement requirements on Lot 2R-1, Block 1,
Pleasant Oaks Estates, located at 511 Shelton Road
Reading and Public Hearing
Garry and Helen Quinn are the owners of a 2.56-acre parcel of land located on the south side
of Shelton Road, just east of Pleasant Run Road. The owner is seeking a waiver of perimeter
street improvement requirements for this property's frontage on Shelton Road.
The owner submitted a replat of the property to divide the property into two single-family lots.
The plat is under review pending action on this waiver request. The Quinn's do not own any
contiguous property, and a letter from the owner is attached. The property is zoned R40
Single Family Residential. Given the R40 zoning and the 302.65 feet of frontage on Shelton
Road, it is only possible to divide this property into two lots. There is an existing residence on
the west side of the property. Shelton Road is an asphalt street without curb or gutter. The
following table shows the pertinent data relative to this request.
Perimeter Street Improvement Cost Estimate
STREET FRONTAGE TOTAL ESTIMATE ACTUAL COST PER LINEAR FOOT
Shelton Road 302.65 feet $ 24,978.45 $ 82.53
In December 2001, the City Council approved Ordinance 0-01-1314, which adopted new
regulations for perimeter street improvement requirements for one and two lot subdivisions.
The new regulations established a fee of $138.78 per linear foot of street frontage. For
property that has over 100 feet of street frontage, the total cost is based on a formula that
slightly reduces the per foot cost. The City Council adopted these new regulations due to
concern over the current practice of waiving the perimeter street improvement requirements for
one and two lot residential subdivisions due to the potential long-term financial impact to the
community.
The Quinn's have appealed this requirement as allowed by the Land Development Code. The
Land Development Code gives the City Council the authority to consider a waiver from this
regulation, as the Council is the appeals body for Chapter 9 of the Code, in which this
regulation is contained.
Agenda Briefing
Resolution R-02-2048
Page 2 of 2
The City Council's options in this case are the following:
1. Approve the waiver as requested - This action would waive the perimeter street fee
requirement for this property in the amount of $24,978.45.
2. Approve the waiver in part - The Council may waive a portion or percentage of the fee.
3. Denv the waiver - The property owner must escrow $15,081 with the City before
building permits could be issued on the property.
Recommendation
Denial
Attachments
· Location map
· Letter from Applicant
· Resolution R-02-2048
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October 15, 2002
City of Colleyville
Community Development
5400 Bransford Road
Colleyville, TX 76034
Re: Replat of Lot 2 R-l Block 1 of the
Pleasant Oaks Estates Addition also
known as 511 Shelton Dr.
Dear Honorable Mayor of Colleyville and respected City Council:
We purchased these 2.56 acres and constructed a single-family residence in 1997. We
have been residents of Colleyville since 1982 and a local business owner in the
Grapevine/Colleyville area for over 23 years.
Weare in the process of refinancing this property and have submitted a replat to enable
us to collateralize only 50% of the existing property_ We are seeking favorable
consideration to be granted the available exemption from the applicable perimeter street
assessment established by the City Council for new and proposed subdivisions_
Thank you for your time and I look forward to being able to address the City Council in
person.
Sincerely,
41 v;1---~ /' ~
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Garry and Helen Quinn
RESOLUTION R-02-2048
A RESOLUTION APPROVING A WAIVER OF
PERIMETER STREET IMPROVEMENT REQUIREMENTS
FOR LOT 2R1, BLOCK 1, PLEASANT OAKS ESTATES ADDITION
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the perimeter street improvement requirements for Lot 2R1, Block 1,
Pleasant Oaks Estates Addition, are hereby waived.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF
THIS THE DAY OF
NAYS AND
2002.
ABSTENTIONS ON
AYES,
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
CITY COUNCIL
cc6", AGENDA BRIEFING
'c:enS
MEETING DATE:
ITEM # :
RESOLUTION # :
11/06/02
10
R-02-2049
CITY MANAGER I
DEPARTMENT HEAD I
FINANCE REVIEW I
Previous Action: None
DEPARTMENT: ENGINEERING
SUBJECT: Approval of an interlocal agreement with Tarrant
County for Bandit Trail road improvements, in an
amount not to exceed $3,000.00.
Reading and Public Hearing
In 1999, the City of Colleyville and Tarrant County entered into an interlocal agreement to
construct the realignment of Bransford Road south of L.D. Lockett. The project was completed
and at a considerable cost savings to the City. The County provided all of the labor and
equipment to conduct the improvements and the City was responsible for traffic control and
testing. The proposed project is under similar conditions with changes in the scope of
services.
Tarrant County is currently executing an interlocal agreement with the City of Keller to
rehabilitate Bandit Trail from Davis Boulevard to the County maintenance line. The City of
Colleyville has jurisdiction over the remaining 215 feet of Bandit Trail from the County
maintenance line to the intersection of Overland Trail. The County would like to include this
portion of road into the scope of the project at a total cost not to exceed $3,000.00. The
rehabilitation will include cement stabilizing the base, re-grading and applying a 2-inch HMAC
surface course.
This application is consistent with the City's street rehabilitation program that is conducted
annually by the Public Works Department. This agreement with the County allows the
rehabilitation of City streets without incurring the full cost of the project.
Financial Impact
Funding is available from the Street Department Resurfacing Budget.
Recommendation
Approval
Agenda Briefing
Resolution R-02-2049
Page 2 of 2
Attachments
. Letter from County Engineer
· Interlocal Agreement
. Resolution R-02-2049
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TARRANT COUNTY
PRECINCT THREE
NORTHEAST DIVISION
RICHARD G. SCHILLER, P.E.
Precinct Supervisor
October 14, 2002
Mr. Keith Fisher
Director of Public Works
5400 Bransford Road
P. O. Box 185
Colleyville, TX 76034
Re: Interloca1 Agreement for Bandit Trail
Dear Mr. Fisher:
As a follow up to our telephone conversation, Tarrant County is executing an interlocal
agreement with the city of Keller to rehabilitate Bandit Trail from Davis Blvd. to the County
maintenance line. Colleyville has jurisdiction over the last 215 feet of Bandit Trail, which ties
into Overland Trail. We would like to enter into an agreement with Colleyville to extend the
limits of the rehabilitation to terminate at Overland Trail. Tarrant County would provide all labor
and equipment; the city would be responsible for all material cost. We estimate the material cost
to be less than $3000. We plan to begin this project in early November.
Per your verbal agreement, I am enclosing five copies of the interlocal between Tarrant County
and the City of Colleyville for the stabilization and overlay of Bandit Trail, for 215 feet to
Overland Trail. Also enclosed with the agreements is a "notice to Proceed" (NTP), which is
required by the District Attorney's office. After this agreements are approved by your City
Council, please have these agreements and the NTP statement signed and return all five
agreements along with the NTP form to our office. After the agreements pass through
Commissioners Court and Commissioner Whitley and Judge Vandergriff have signed the
agreements, we will mail you an executed copy for your files.
If you have any questions, please do not hesitate to call me.
"'''11\''1 DDV""Tllr.lr"T Y Tlll..l.... Dn lU~DT ".,nn'TU TJ;"V" C "".c1 on l01"'7\~" AI J:'Rnl\
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
CONTRACT
This Agreement made and entered into this the
day of
, 2002, by and between the County of Tarrant, acting herein by
and through its governing body the Commissioners Court, hereinafter referred to as
TARRANT COUNTY, and the CITY OF COLLEYVILLE acting herein by and through
its governing body, hereinafter referred to as THE CITY, both of Tarrant County, State of
Texas, witnesseth:
WHEREAS, this Agreement is made under the authority granted by and pursuant
to Chapter 791 of the Texas Government Code; and
WHEREAS, the party or parties paying for the performance of governmental
functions or services shall make payments therefore from current revenues available to
the paying party; and,
WHEREAS, the governing bodies of the two parties find that the project or
undertaking is necessary for the benefit of the public and that each party has the legal
authority to build or maintain the project or to provide such service, and the construction
and improvement thereof is in the common interest of both parties hereto; and that the
division of costs provided for constitutes adequate consideration to each party; set project
being more particularly described as:
. Stabilization and overlay of Bandit Trail, from Overland Trail to the
County maintenance limit line (approximately 215 If).
WHEREAS, the parties hereto, in order to facilitate the financing and
construction of the needed facility, and in order to share the costs of having said work to
be done have agreed to share in the financing of said construction as hereinafter stated in
detail.
The CITY hereby agrees that the CITY will pay for any engineering and/or
laboratory testing necessary for this project, and that the COUNTY will not be
responsible for any payment for such services. The CITY must notify the COUNTY
within thirty days of completion of this project of any complaint the CITY has with the
proj ect.
For and in consideration of the mutual undertaking hereinafter set forth and for
adequate consideration given, the parties agree as follows:
1. TARRANT COUNTY agrees to provide the following work for the projects:
reclaim and recycle existing roadbed materials, incorporate a stabilization
agent of the city's choice, re-grade and place a two-inch HMAC surface.
2. TARRANT COUNTY agrees to provide the labor and equipment necessary
for the rehabilitation work on Bandit Trail.
3. THE CITY agrees to pay for the actual cost of all materials, including any
delivery or freight costs.
4. The CITY agrees it will be responsible for traffic control on this project.
This responsibility includes all signage, barricades and flagmen necessary to
control traffic in and around the construction site. The CITY will also be
responsible for all striping (both temporary and permanent) for the project.
5. The CITY will provide the county with a hydrant meter and all the water
necessary for the projects at no cost to the county.
By entering into this Agreement the parties do not create any obligations express
or implied other than those set forth herein and this Contract shall not create any rights in
parties not signatories hereto.
The parties to this Agreement do not intend by this Agreement that any specific
third party may obtain a right by virtue of the execution or performance of this
Agreement. CITY agrees that the COUNTY is relying on the CITY for notice of when to
proceed with this project, but this Agreement does not require the County to do this
project with any particular time frame.
This Agreement shall terminate automatically upon happening of any of the
following events:
1. The completion ofthe improvement provided for herein or;
2. At the end of one (1) year from date herein, unless renewed by both parties in
writing.
CITY:
Authorized City Official
ATTEST: CITY
City Secretary
TARRANT COUNTY:
TOM VANDERGRIFF, County Judge
ATTEST: COUNTY
GLEN WHITLEY, County Commissioner
Precinct Three
* AFPROV AL AS TO FORM:
District Attorney's Office
* By law, the District Attorney's Office may only advise or approve contracts or legal
documents on behalf of its clients. It may not advise or approve a contract or legal
document on behalf of other parties. Our review ofthis document was conducted solely
from the legal perspective of our client. Our approval ofthis document was offered
solely for the benefit of our client. Other parties should not rely on this approval, and
should seek review and approval by their own respective attorneys.
RESOLUTION R-02-2049
A RESOLUTION AUTHORIZING THE APPROVAL OF AN INTERLOCAL
AGREEMENT WITH TARRANT COUNTY FOR BANDIT TRAIL ROAD
IMPROVEMENTS
WHEREAS, Tarrant County will rehabilitate 215 linear feet of Bandit Trail from the
intersection of Overland Trail to the County maintenance line; and
WHEREAS, Tarrant County will provide the labor and equipment required to construct
the planned improvements; and
WHEREAS, the City will provide the materials testing, traffic control, and striping during
and after construction; and
WHEREAS, the City will issue a notice to proceed for the County to begin after
approval of the interlocal agreement; and
WHEREAS, the work will be conducted within one year from the date of the notice to
proceed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Interlocal Agreement with Tarrant County for improvements to
Bandit Trail, in the amount not to exceed $3,000.00, is hereby approved.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF
THIS THE DAY OF
NAYS,AND
2002.
ABSTENTIONS ON
AYES,
ArrEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
cilyor
CITY COUNCIL ccen", AGENDA BRIEFING
j(.~...,,$
MEETING DATE: 11/06/02 CITY MANAGER'
ITEM # : 11 DEPARTMENT HEA
RESOLUTION #: i R-02-2050 FINANCE REVIEW i
Previous Action: None
DEPARTMENT: POLICE
SUBJECT : Approval of the Greater Dallas-Fort Worth Regional
Law Enforcement Interlocal Assistance Agreement
Reading and Public Hearing
The Colleyville Police Department and the law enforcement agencies in the greater Dallas-Fort
Worth area have recognized the necessity and desirability of entering into a "Regional Law
Enforcement Interlocal Assistance Agreement." An agreement has been drafted and
coordinated with the North Texas Police Chief's Association and other interested regional
police agencies. The proposed agreement establishes regional mutual aid law enforcement
assistance to cooperate in the delivery of public safety services to protect health, life and
property. Statutory authority for such mutual aid agreements is contained in Chapter 791 of
the Texas Government Code and Section 362.002 of the Texas Local Government Code.
The proposed mutual aid agreement allows for a member law enforcement agency to call upon
other member agency(s) for assistance of additional personnel and equipment. Providing
assistance is discretionary with the requested member and is subject to the availability of
resources. No contractual obligation to provide resources is created and all obligations under
this agreement are voluntary.
The agreement has been reviewed and approved by Kurt Stallings of the Tarrant County
District Attorney's Office.
Financial Impact
None
Recommendation
Approval of the Regionallnterlocal Assistance Agreement
Attachments
. Greater Dallas-Fort Worth Regional Law Enforcement Mutual Aid Task Force Agreement
. Resolution R-02-2050
GREATER DALLAS-FORT WORTH REGIONAL
LAW ENFORCEMENT MUTUAL AID TASK FORCE
AGREEMENT
1. Preamble:
WHEREAS, the governmental entities which are parties to this agreement desire
to form a law enforcement mutual aid task force to cooperate in the investigation of
criminal activity; enforcement of the laws of this State; and, to protect health, life and
property from riot, disaster, threat of concealed explosives, unlawful assembly
characterized by force and violence or threatened violence by groups of three or more
persons; and,
WHEREAS, Chapter 791, et. seq. of the Texas Government Code authorizes local
government entities to enter into lnterlocal Contracts and Section 362.002 of the Texas
Local Government Code specifically authorizes Mutual Aid Task Force agreements such
as this agreement;
NOW, THEREFORE, it is mutually agreed by the parties hereto to enter into this
Agreement upon the following terms:
2. Definitions:
The following terms shall have the following meamngs when used in this
Agreement:
"Law Enforcement Officer" means any commissioned peace
officer as defined under the Texas Code of Criminal Procedure.
"Member" means any local government entity, including the
Dallas-Fort Worth International Airport Board (hereinafter "DFW
Airport"), which is a party to this Agreement.
"Chief Law Enforcement Officer" means the Chief of Police or the
Director of Public Safety of a municipality or DFW Airport, or the Sheriff
of a County.
"Requesting Member" means a member who requests law
enforcement assistance from another member under this Agreement.
"Responding member" means a member to whom a request for
assistance is directed by a requesting member under this Agreement.
DFW Regional Mut. Aid Agreement - Page I
3. Name:
The members hereby form a mutual aid law enforcement task force to be named
the Greater Dallas-Forth Worth Regional Law Enforcement Mutual Aid Task Force
(hereinafter "Task Force").
4. Purpose:
The purpose of the Task Force is to cooperate in the investigation of criminal
activity; enforcement of the laws of this State; and, to protect health, life and property
from riot, disaster, threat of concealed explosives, unlawful assembly characterized by
force, and violence or threatened violence by groups of three or more persons.
5. Request for Assistance:
Any request for assistance under this Agreement shall, when reasonably possible,
include a statement of the amount and type of equipment and number of law enforcement
personnel requested, and shall specify the location to which the equipment and personnel
are to be dispatched. However, the amount and type of equipment and number of
personnel actually furnished by a responding member shall be determined by the
responding member's chief law enforcement officer or his designee.
6. Response to Request for Assistance:
Responding members will assign law enforcement officers to perform law
enforcement duties outside the responding member's territorial limits, but within the
territorial limits of a requesting member, subject to the responding member's
determination of availability of personnel and discretion when:
A. Such assignment is requested by the chief law enforcement officer or his
designee, of a requesting member, and
B. The chief law enforcement officer, or his designee, of the responding
member has determined, in his sole discretion, that the assignment is necessary to fulfill
the purposes of this agreement in providing police protection and services within the
territorial limits of the requesting member.
7. Operational control:
All personnel of the responding member shall report to the requesting member's
officer in tactical control at the location to which said law enforcement personnel have
been dispatched and shall be under the operational command of the requesting member's
chief law enforcement officer or his designee.
DFW Regional Mut. Aid Agreement - Page 2
8. Release:
Law Enforcement Officers of the responding member will be released by the
requesting member when their services are no longer necessary.
9. Withdrawal from Response:
The chief law enforcement officer, or his designee, of the responding member, in
his sole discretion, may at any time withdraw the personnel and equipment of the
responding member or discontinue participation in any activity initiated pursuant to this
Agreement.
10. Qualifications of Office and Oath:
While any law enforcement officer regularly employed by a responding member
is in the service of the requesting member under this Agreement, said law enforcement
officer shall be deemed to be a peace officer of the requesting member and be under the
command of the requesting member's chief law enforcement officer with all powers of a
law enforcement officer of the requesting member as if said law enforcement officer were
within the territorial limits of the governmental entity where said officer is regularly
employed. The qualifications of office of said law enforcement officers where regularly
employed shall constitute his or her qualifications for office within the territorial limits of
the requesting member and no additional oath, bond or compensation shall be required.
11. Right to Reimbursement:
Each party to this agreement, when providing services of personnel as a
responding party, expressly waives the right to receive reimbursement for services
performed or equipment utilized under this Agreement even though a request for such
reimbursement may be made pursuant to Chapter 362 of the Texas Local Government
Code.
12. Officer Benefits:
Any law enforcement officer or other police personnel assigned to the assistance
of another member pursuant to this Agreement shall receive the same wage, salary,
pension, and all other compensation in all other rights of employment in providing such
service, including injury, death benefits and worker compensation benefits and well as
any available insurance, indemnity or litigation defense benefits Said benefits shall be
the same as though the law enforcement officer or personnel in question had been
rendering service within the territorial limits of the member where he or she is regularly
employed. All wage and disability payments, including worker compensation benefits,
pension payments, damage to equipment, medical expenses, travel, food and lodging
shall be paid by the member which regularly employs the officer providing service
pursuant to this Agreement in the same manner as though such service had been rendered
within the limits of the member where such person or law enforcement officer is
DFW Regional Mut. Aid Agreement - Page 3
regularly employed. Each responding member shall remain responsible for the payment
of salary and benefits as well as for legal defense of the responding member's officers or
personnel when acting pursuant to this agreement.
13. Liability:
In the event that any person performing law enforcement services pursuant to this
Agreement shall be named or cited as a party to any civil claim or lawsuit arising from
the performance of their services, said person shall be entitled to the same benefits from
their regular employer as they would be entitled to receive if such similar action or claim
had arisen out of the performance of their duties as a member of the department where
they are regularly employed and within the jurisdiction of the member by whom they are
regularly employed. The Members hereby agree and covenant that each Member shall
remain solely responsible for the legal defense and any legal liability due to the actions of
an officer or other personnel regularly employed by said member. Nothing herein shall
be construed to expand or enlarge the legal liability of a Member for any alleged acts or
omissions of any employee beyond that which might exist in the absence of this
Agreement. Nothing herein shall be construed as a waiver of any legal defense of any
nature whatsoever to any claim against a Member or against an officer or employee of a
Member.
14. Waiver of Claims:
Each party of this Agreement to its members respectively waives all claims
against each and every other party or member for compensation from any loss, damage,
personal injury or death occurring as a consequence of the performance of this
Agreement even though such alleged damage may have or is alleged to have occurred as
a result of alleged negligent or other tortious conduct of any party to this Agreement.
15. Immunity Not Waived:
The parties hereto expressly do not waive any immunity or other defenses to any
civil claims with the execution of this agreement. It is understood and agreed that, by
executing this Agreement, no party or member hereto waives, nor shall be deemed hereby
to waive, any immunity or defense which otherwise is available in claims arising which
are signs of or connection with, any activity conducted pursuant to this Agreement.
16. Venue:
Each party to this Agreement agrees that if legal action is brought under this
Agreement, the venue shall lie in the county in which the defendant member is located,
and if located in more than one county, then it shall lie in the county in which the
principal offices of said defendant member are located. The Parties hereby stipulate and
agree that this Agreement is to be construed and applied under Texas law.
DFW Regional Mut. Aid Agreement - Page 4
17. Arrest Authority Outside Primary Jurisdiction:
It is expressly agreed and understood that a law enforcement officer employed by
a responding party who performs activities pursuant to this Agreement may make arrests
outside the jurisdiction in which said officer is regularly employed, but within the area
covered by this Agreement; provided, however, that the law enforcement agency of the
requesting jurisdiction and/or the jurisdiction in which the arrest is made shall be notified
of such arrest without unreasonable delay. The police officers employed by the parties to
this Agreement shall have such investigative or other law enforcement authority in the
jurisdictional area encompassed by the members, collectively, to this Agreement as is
reasonable and proper to accomplish the purposes for which a request for mutual aid
assistance is made pursuant to this Agreement.
18. Clauses Severable:
The provisions of this Agreement are to be deemed severable such that should any
one or more of the provisions or terms contained in this Agreement be, for any reason,
held to be invalid, illegal, void, or unenforceable; such holding shall not affect the
validity of any other provision or term herein and the agreement shall be construed as if
such invalid, unenforceable, illegal or void provision or term did not exist.
19. Termination:
Any Party to this Agreement may terminate it's participation or rights and
obligations as a Party by providing thirty (30) days written notice via certified mail to the
Chief Law Enforcement Officer of every other Party. Should one Party terminate its
participation in, or withdraw from, this Agreement, such termination or withdrawal shall
have no effect upon the rights and obligations of the remaining Parties under this
Agreement.
20. Effective Date:
This Agreement becomes effective immediately upon the execution by the Parties
hereto and continues to remain in effective until terminated pursuant to Section 19 above.
21. Modification:
This Agreement may be amended or modified by the mutual agreement of the
parties hereto in writing to be attached to and incorporated into this Agreement. This
instrument contains the complete agreement of the parties hereto and any oral
modifications, or written amendments not incorporated to the Agreement, shall be of no
force or effect to alter any term or condition herein.
DFW Regional Mut. Aid Agreement - Page 5
22. Execution of Agreement:
This Agreement shall be executed by the duly authorized official of the respective
Parties pursuant to approving resolutions of the governing body of the respective units of
local government. Copies of said approving resolutions shall be attached hereto and made
a part hereof. This agreement may be executed in multiple original copies by the
respective Parties.
23. Compliance with Law:
The Parties shall observe and comply with all applicable Federal, State and Local
laws, rules, ordinances and regulations that affect the provision of services provided
herein.
24. Interjurisdictional Pursuit Agreement:
The Parties hereto expressly understand and agree that this agreement does not in
any way modify or restrict the procedures or guidelines which are followed by any law
enforcement agency or Member pursuant to the Inter-Jurisdictional Pursuit Policy
Agreement to which some Members or their law enforcement agencies, may be parties.
To the extent any provision of, or action taken pursuant to, the Inter-Jurisdictional
Pursuit Policy Agreement may be construed to conflict with the terms and conditions of
this Agreement, the terms of the Inter-Jurisdictional Pursuit Policy Agreement shall
control as to those particular actions.
25. Coordinating Agency.
The Parties hereby agree that the City of Highland Park Department of Public
Safety shall served as the Coordinating Agency of the Agreement. The Chief Law
Enforcement Officer, or his designee, of said Coordinating Agency shall maintain on file
executed originals of this Agreement, related resolutions or orders of the Parties and other
records pertaining to this Agreement. Said Coordinating Agency shall notify all
members of the identity of the current Parties hereto every twelve (12) months.
Executed and entered into on this
day of
, 2002 by:
Member Agency:
Authorized official:
Printed name:
Title:
Date of governing body approving resolution:
DFW Regional Mut. Aid Agreement - Page 6
RESOLUTION R-02-2050
A RESOLUTION AUTHORIZING THE APPROVAL OF THE GREATER DALLAS-
FORT WORTH REGIONAL LAW ENFORCEMENT ASSISTANCE AGREEMENT
WHEREAS, the City of Colleyville desires to contribute to the protection and
safety of citizens in this City and in surrounding communities;
and
WHEREAS, the legislature has authorized the formation of interlocal
assistance agreements between and among the cities and
their law enforcement agencies; and
WHEREAS, the City of Colleyville wishes to participate in an interlocal
assistance agreement among local law enforcement agencies in
the greater Dallas-Fort Worth North Texas area for the purpose of
providing and receiving law enforcement assistance; and
WHEREAS, the Colleyville Police Department and other local law
enforcement agencies have tentatively approved an
interlocal assistance agreement to be know as the Greater
Dallas-Fort Worth Regional Law Enforcement Mutual Aid Task
Force Agreement.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Mayor is hereby authorized to execute the attached
"Greater Dallas-Fort Worth Regional Law Enforcement Mutual
Aid Task Force Agreement."
Sec. 2. THAT this resolution shall take effect immediately from and after
passage in accordance with the provisions of the Charter of the
City of Colleyville.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF AYES,
ON THIS THE DAY OF
NAYS, AND ABSTENTIONS
2002.
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
Secretary
Donna Arp
Mayor
CITY COUNCIL
cce@ AGENDA BRIEFING
lc:xa;
MEETING DATE: I 11/06/02
ITEM # : I 12
RESOLUTION # : ! R-02-2051
i
CITY MANAGER I
,
DEPARTMENT HEAD I
FINANCE REVIEW !
I
Previous Action: None
DEPARTMENT: ENGINEERING
SUBJECT: Approval of the Memorandum of Understanding with
Herman Smith Company Ltd., for the completion of
the Riverwalk Drive
Reading and Public Hearing
Sealed bids were received on April 30, 2002, for the construction of Riverwalk Drive. Eight
bids were submitted with Conatser Construction Company being the low bid of $495,615.30,
with $49,561.53 (10%) for contingencies.
The project initially included paving, drainage, and utility improvements for the construction of
Riverwalk Drive from Bluebonnet Drive, north of the Community Center and to the existing
Riverwalk Drive south of the Colleyville Justice Center. On May 16, 2002, the City was
advised that the developer would not proceed with the remaining section from the Justice
Center south to the Riverwalk subdivision. The paving section is four lanes and provides
access to the Colleyville Community Center and the Justice Center.
The remaining portion to be constructed is 345 feet in length and will complete the connection
of Glade Road to Town Center. The cost of construction for this portion is $78,701.33. This
section of roadway was included in the original bid for Riverwalk Drive and funding is currently
available in the current Riverwalk Drive project budget. The improvements will include
drainage, paving and sidewalk improvements and will provide access to the Justice Center and
Community Center for Glade Road.
Staff recommends approval of the Memorandum of Understanding with Herman Smith
Company, Ltd., to complete the Riverwalk Drive Construction Plans designed by Washington
and Associates, Inc. The City Attorney has reviewed and approved the Memorandum of
Understanding.
Financial Impact
Funding is available from Roadway Impact Fees Service Area I.
Recommendation
Approval
Agenda Briefing
Resolution R-02-2051
Page 2 of 2
Attachments
. Bid Schedule
. Memorandum of Understanding
. Resolution R-02-2046
BID SCHEDULE
Riverwalk Drive Paving and Drainage Improvements
-October 9, 2002-
Item Qtv Unit Description Unit Price Bid Amount
MOBILIZATION FOR PAVING
1 1 LS IMPROVEMENTS $ 1,000.00 $ 1,000.00
FURNISH AND INSTALL 7"
2 1878.3 SY REINFORCED CONCRETE $ 22.00 $ 41,323.33
PAVEMENT
FURNISH AND INSTALL 6"
3 690 LF CURB AND GUTTER $ 1.00 $ 690.00
FURNISH AND INSTALL
4 1955 SY CEMENT STABILIZED $ 2.10 $ 4,105.50
SUBGRADE
FURNISH AND INSTALL
5 29 TON CEMENT (27 LBS/SY) $ 110.00 $ 3,190.00
FURNISH AND INSTALL 5'
6 345 LF REINFORCED CONCRETE $ 12.50 $ 4,312.50
SIDEWALK
FURNISH AND INSTALL
7 1 LS SIGNAGE AND STRIPING $ 2,000.00 $ 2,000.00
FURNISH AND INSTALL 4'X4'
8 122 LF BOX CULVERTS $ 140.00 $ 17,080.00
FURNISH AND INSTALL TYPE
9 2 EA 'C' HEADWALL FOR 4'X4' BOX $ 2,000.00 $ 4,000.00
CULVERT
FURNISH AND INSTALL 8"
10 20 SY THICK ROCK RIP RAP $ 50.00 $ 1,000.00
Total: $ 78,701.33
City of
Texas
Patsy Smith
Herman Smith Company, Ltd.
1903 Central Drive
Bedford , Texas 76021
October 22,2002
RE: Riverwalk Drive
Letter of Understanding
Dear Mrs. Smith:
As a follow up to your conversation with Bill Lindley, City Manager, the following
agreement is presented for your approval and signature:
The construction of Riverwalk Drive, Section 1, is currently being constructed.
Section 1 is from station 24+ 50 to 37+14 of the approved plans from Washington
and Associates dated June 7,2002.
The City of Colleyville and Herman Smith Company, Ltd. agree that the
remaining portion of Riverwalk Drive, Section 2, be constructed under the
existing contract with Conatser Construction. Section 2 is from station 21 +05 to
24+50 of the approved plans from Washington and Associates dated June 7,
2002. The remaining 345 feet of road, Section 2, has an estimated cost of
$78,701.33 (See exhibit CIA").
After the final acceptance of the street and drainage improvements, the City of
Colleyville will send a notice to the Herman Smith Company, Ltd. Herman Smith
Company, Ltd. will pay to the City of Colleyville within thirty (30) days after
receipt of notice from the City of Colleyville the actual cost of construction of
Riverwalk Drive, section 2.
Upon execution of this agreement we will begin working with the contractor in
order to schedule mobilization and completion of this section of Riverwalk Drive.
Donna Arp
Mayor, City of Colleyville
~'
~
~t~ ith, Pre . ent
Herman Smith Company, Ltd.
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
EXHIBIT "A"
BID SCHEDULE
Riverwalk Drive Paving and Drainage Improvements
-October 9, 2002-
Item Qtv Unit Description Unit Price Bid Amount
MOBILIZATION FOR PAVING
1 1 LS IMPROVEMENTS $ 1,000.00 $ 1,000.00
FURNISH AND INSTALL 7"
2 1878.3 SY REINFORCED CONCRETE $ 22.00 $ 41,323.33
PAVEMENT
FURNISH AND INSTALL 6"
3 690 LF CURB AND GUTTER $ 1.00 $ 690.00
FURNISH AND INSTALL
4 1955 SY CEMENT STABILIZED $ 2.10 $ 4,105.50
SUBGRADE
FURNISH AND INSTALL
5 29 TON CEMENT (27 LBS/SY) $ 110.00 $ 3,190.00
FURNISH AND INSTALL 5'
6 345 LF REINFORCED CONCRETE $ 12.50 $ 4,312.50
SIDEWALK
FURNISH AND INSTALL
7 1 LS SIGNAGE AND STRIPING $ 2,000.00 $ 2,000.00
FURNISH AND INSTALL 4'X4'
8 122 LF BOX CULVERTS $ 140.00 $ 17,080.00
FURNISH AND INSTALL TYPE
9 2 EA 'C' HEADWALL FOR 4'X4' BOX $ 2,000.00 $ 4,000.00
CULVERT
FURNISH AND INSTALL 8"
10 20 SY THICK ROCK RIP RAP $ 50.00 $ 1,000.00
Total: $ 78,701.33
RESOLUTION R-02-2051
A RESOLUTION AUTHORIZING THE APPROVAL OF THE MEMORANDUM OF
UNDERSTANDING WITH THE HERMAN SMITH COMPANY, Ltd.
WHEREAS, the Herman Smith Company, Ltd. will reimburse the City of Colleyvjlle
upon completion of Riverwalk Drive; and
WHEREAS, eight bids were received for the construction of Riverwalk Drive; and
WHEREAS, Conatser Construction, Inc., submitted the lowest bid; and
WHEREAS, this section of Riverwalk Drive was included in the original plans and bids
for Riverwalk Drive; and
WHEREAS, the section of Riverwalk Drive is 345 feet in length; and
WHEREAS, the funds for this section of Riverwalk Drive are available in the original
contract with Conatser Construction, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Memorandum of Understanding with the Herman Smith
Company, Ltd., for the completion of Riverwalk Drive Paving and Drainage
Improvements, in the amount of $78,701.33, is hereby approved.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF
THIS THE DAY OF
AYES,
NAYS, AND
2002.
ABSTENTIONS ON
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
CilY Of
~
CITY COUNCIL CC~~-51n@ AGENDA BRIEFING
lL':o.:;:1:;
MEETING DATE: 11/06/02
ITEM # : 13 DEPARTMENT HEAD
RESOLUTION # : R-02-2052
Previous Action: None
DEPARTMENT: FINANCE
SUBJECT : Authorization for the City Manager to initiate
proceedings for the refunding of the outstanding
1975 General Obligation bonds, 1975 Waterworks
and Sewer system revenue bonds, 1975-A
Waterworks and Sewer system revenue bonds, and
1981 Waterworks and Sewer system revenue bonds
Reading and Public Hearing
Based upon an analysis performed by the City's Financial Advisor, First Southwest, the
following outstanding bond issues could be refunded for a net present value savings of
$68,865: 1975 General Obligation Bonds, 1975 Waterworks and Sewer System Revenue
Bonds, 1975-A Waterworks and Sewer System Revenue Bonds, and 1981 Waterworks and
Sewer System Revenue Bonds. These bonds are callable but can only be called on the
annual payment date of January 1 st, with a thirty-day call notice. In order to meet these
required dates, refunding bonds would need to be authorized and issued at the next Council
meeting on November 19, 2002. Recent legislation has changed the meeting requirements for
issuing bonds, and per the attached Government Code Chapter 1201.028 and 1201.002, only
one reading of an ordinance is required to issue bonds. The legislation supercedes any
charter requirements, and staff has discussed this provision with the City Attorney and Bond
Counsel. They are both in agreement that this state law would supercede the City of
Colleyville Charter provisions. Attached is a resolution authorizing the City Manager to
proceed with the refunding of the bonds on November 19, 2002, if net present value savings of
at least $60,000 can be achieved.
Recommendation
Approval
Attachments
. Refunding Analysis for Colleyville, Texas
. V.T.C.A., Government Code 1201.028
. V.T.C.A., Government Code 1201.002
. Resolution R-02-2052
1) FIRST SOUTHWEST COMPANY
/."IDTMINTBANKiRsSIscr 1946
October 29, 2002
REFUNDING ANALYSIS FOR COLLEYVILLE, TEXAS
The following Table provides a summary of a refunding analysis for the City of Colleyville's outstanding
1975 General Obligation Bonds, 1975 Waterworks & Sewer System Revenue Bonds, 1975-A
Waterworks & Sewer System Revenue Bonds, and 1981 Waterworks & Sewer System Revenue
Bonds based on interest rates and the market yield curve as of October 29, 2002. We have structured the
refunding with uniform savings in every year, thereby matching the debt service on the bonds being
refunded.
Refundin2 Analvsis
Issue
Series 1975 GO
Series 1975 Rev
Series 1975-A Rev
Series 1981 Rev
Call Feature
1/1/03 @ Par
1/1/03 @ Par
1/1/03 @ Par
1/1/03 @ Par
Bond Solution
Uniform Savings
Uniform Savings
Uniform Savings
Uniform Savings
Par Amount of Refunded Bonds:
True Interest Cost:
Arbitrage Yield:
Negative Arbitrage:
Total Debt Service of Refunding Bonds:
Average Annual Debt Service of Refunding Bonds:
Gross Debt Service Savings:
Net Present Value Savings:
Net PV Savings as % of Refunded Bonds:
$2,456,000
3.85647%
3.68682 %
$3,661
$3,344,054
$257,235
$78,121
$68,865
2.804 %
City of Colleyville, Texas
Refunding Analysis
Interest Rate Summary
SUMMARY OF BONDS REFUNDED
ISSUE MATURITY TYPE COUPON PRINCIPAL CALL DATE CALL PRICE
75 GO 1/1/2004 Serial 5.00% $ 40,000 1/1/2003 100.00%
75GO 1/1/2005 Serial 5.00% $ 40,000 1/1/2003 100.00%
75 GO 1/1/2006 Serial 5.00% $ 45,000 1/1/2003 100.00%
75 GO 1/1/2007 Serial 5.00% $ 45,000 1/1/2003 100.00%
75 GO 1/1/2008 Serial 5.00% $ 50,000 1/1/2003 100.00%
75 GO 1/1/2009 Serial 5.00% $ 50,000 1/1/2003 100.00%
75 GO 1/1/2010 Serial 5.00% $ 55,000 1/1/2003 100.00%
75 GO 1/1/2011 Serial 5.00% $ 60,000 1/1/2003 100.00%
75 GO 1/1/2012 Serial 5.00% $ 60,000 1/1/2003 100.00%
75 GO 1/1/2013 Serial 5.00% $ 65,000 1/1/2003 100.00%
75 GO 1/1/2014 Serial 5.00% $ 65,000 1/1/2003 100.00%
75 GO 1/1/2015 Serial 5.00% $ 25,000 1/1/2003 100.00%
Subtotal $ 600,000
75 REV 1/1/2004 Serial 5.00% $ 70,000 1/1/2003 100.00%
75 REV 1/1/2005 Serial 5.00% $ 75,000 1/1/2003 100.00%
75 REV 1/1/2006 Serial 5.00% $ 80,000 1/1/2003 100.00%
75 REV 1/1/2007 Serial 5.00% $ 80,000 1/1/2003 100.00%
75 REV 1/1/2008 Serial 5.00% $ 85,000 1/1/2003 100.00%
75 REV 1/1/2009 Serial 5.00% $ 90,000 1/1/2003 100.00%
75 REV 1/1/2010 Serial 5.00% $ 95,000 1/1/2003 100.00%
75 REV 1/1/2011 Serial 5.00% $ 95,000 1/1/2003 100.00%
75 REV 1/1/2012 Serial 5.00% $ 95,000 1/1/2003 100.00%
75 REV 1/1/2013 Serial 5.00% $ 95,000 1/1/2003 100.00%
75 REV 1/1/2014 Serial 5.00% $ 95,000 1/1/2003 100.00%
75 REV 1/1/2015 Serial 5.00% $ 95,000 1/1/2003 100.00%
Subtotal $ 1,050,000
75-A REV 1/1/2004 Serial 5.00% $ 7,000 1/1/2003 100.00%
75-A REV 1/1/2005 Serial 5.00% $ 8,000 1/1/2003 100.00%
75-A REV 1/1/2006 Serial 5.00% $ 8,000 1/1/2003 100.00%
75-A REV 1/1/2007 Serial 5.00% $ 9,000 1/1/2003 100.00%
75-A REV 1/1/2008 Serial 5.00% $ 9,000 1/1/2003 100.00%
75-A REV 1/1/2009 Serial 5.00% $ 10,000 1/1/2003 100.00%
75-A REV 1/1/2010 Serial 5.00% $ 10,000 1/1/2003 100.00%
75-A REV 1/1/2011 Serial 5.00% $ 15,000 1/1/2003 100.00%
75-A REV 1/1/2012 Serial 5.00% $ 15,000 1/1/2003 100.00%
75-A REV 1/1/2013 Serial 5.00% $ 20,000 1/1/2003 100.00%
75-A REV 1/1/2014 Serial 5.00% $ 20,000 1/1 /2003 100.00%
75-A REV 1/1/2015 Serial 5.00% $ 20,000 1/1/2003 100.00%
Subtotal $ 151,000
City of Colleyville, Texas
Refunding Analysis
Interest Rate Summary
ISSUE
81 REV
81 REV
81 REV
81 REV
81 REV
81 REV
81 REV
81 REV
81 REV
81 REV
81 REV
Subtotal
MATURITY
1/1/2004
1/1/2005
1/1/2006
1/1/2007
1/1/2008
1/1/2009
1/1/2010
1/1/2011
1/1/2012
1/1/2013
1/1/2014
Total
SUMMARY OF BONDS REFUNDED
TYPE COUPON PRINCIPAL
Serial 5.00% $ 50,000
Serial 5.00% $ 50,000
Serial 5.00% $ 50,000
Serial 5.00% $ 55,000
Serial 5.00% $ 55,000
Serial 5.00% $ 55,000
Serial 5.00% $ 55,000
Serial 5.00% $ 60,000
Serial 5.00% $ 70,000
Serial 5.00% $ 75,000
Serial 5.00% $ 80,000
$ 655,000
CALL DATE
1/1/2003
1/1/2003
1/1/2003
1/1/2003
1/1/2003
1/1/2003
1/1/2003
1/1/2003
1/1/2003
1/1/2003
1/1/2003
CALL PRICE
100.00%
100.00%
100.00%
100.00%
100.00%
100.00%
100.00%
100.00%
100.00%
100.00%
100.00%
$
2,456,000
INTEREST RATE SAVINGS SENSITIVITY ANALYSIS
Refunding Using: Current Insured Interest Rates
Current Rates Plus .015%
Current Rates Less .015%
PV Savinas
$ 68,865
$ 47,024
$ 91 ,382
Interest Rate Graph
6.00%
5.00%
4.00%
, 3.00%
2.00%
1.00%
0.00%
2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Refunded Bonds - Refunding Bonds I
Page- I
TX l;OVT ~ 1201.028
V.T.e.A., Government Code ~ 1201.028
VERNON'S TEXAS STATUTES AND CODES ANNOTATt~D
GOVERNMENT CODE
TITLt: 9. PUBLIC SECURITIES
SUBTITLE A. GENERAL PROVISIONS
CHAPTER 1201. PUBLIC SECURITY PROCEDURES ACT
SUBCHAPTER B. ISSUANCE AND APPROVAL OF PUBLIC SECURITY
Copr. @ West Group 2002. All rights reserved.
Current through End of2001 Regular Session.
~ 1201.028. Single Meeting of Governing Body Sufficient
Notwithstanding any other law, including a provision in a municipal charter,
the following actions taken at a meeting uf the governing body of an issuer ore
effective immediately and a subsequent meeting is not required:
(1) a resolution, order, or ordinance calling an election to:
(A) authori:te the issuance and sale of a public security; or
(B) approve tbe resources, revenue, or income of the issuer that may be
pledged as security fur a public security;
(2) a resolution, order, or ordinance canvassing the results of an election
described by Subdivision (1); or
(3) a public security authorizntion.
CREDIT(S)
C()PI'. rD West 2002 No Claim to Orig. U.S. Govt. Works
2'd
9E82-S8? 1..18
'~'d'~a~so~ ~ sso~
d8S:21 20 OE ~oO
rag,;: I
TX GOVT ~ 1201.002
V.T.C.A.~ Government Code ~ 1201.002
VERNON'S TEXAS STATUTES AND COnES ANNOTATED
GOVERNMENT CODE
TITL~ 9. PUBLIC SECURITIES
SUBTITLE A. GENERAL PROVISIONS
CHAPTER 1201. PUBLIC SECURITY PROCEDURES ACT
SUBCHAPTER A. GENERAL PROVISIONS
Copr. @ West Group 2002. All rights reserved.
Current through End of 2001 Regular Session.
~ 1201.002. Definitions
In this ch~lpter:
(I) "Issuer" means:
(A) an agency, authority, board, body politic, department, district,
instruntentality, municipal corponltion, political subdi"ision~ public corporation,
or subdivision of this state; or
(B) a nonprofit corporation acting for or on behalf of an entity described by
Panlgraph (A).
(2) "Public security" means an instrument, including a bond, certificate, note,
or other type of obligation authorized to be issued by an issuer under a statute,
a municipal home-rule charter, or the constitution of this state.
(3) "Public security authorization" means a resolution, order, or ordinance that
is aPP,'oved 01' adopted, or auy other actiou tak.en ill a proceeding, by tbe
governing body of om issuer in authorizing the issuance of a public security.
Copr. Cl West 2002 No Claim to Orig. U.S. Govt. Works
E'd
9E82-S8v l.18
'~'d'~a~so~ 1 sso~
d8S:21 20 OE ~oO
RESOLUTION R-02-2052
A RESOLUTION AUTHORIZING THE CITY MANAGER TO INITIATE PROCEEDINGS
FOR THE REFUNDING OF THE OUTSTANDING 1975 GENERAL OBLIGATION
BONDS, 1975 WATERWORKS AND SEWER SYSTEM REVENUE BONDS, 1975-A
WATERWORKS AND SEWER SYSTEM REVENUE BONDS, AND 1981
WATERWORKS AND SEWER SYSTEM REVENUE BONDS
WHEREAS, under current market conditions, the City could realize saving from the
refunding of the outstanding 1975 General Obligation Bonds (purpose to
purchase the City's waterworks system), 1975 Waterworks and Sewer
System Revenue Bonds, 1975-A Waterworks and Sewer System Revenue
Bonds, and 1981 Waterworks and Sewer System Revenue Bonds and these
bonds can only be called for refunding on their annual payment date of
January 15t with a thirty-day notification to the bondholders; and
WHEREAS, recent changes in Texas Government Code Title 9, Chapter 1201.028, and
1201.002, state that only one reading of an ordinance is necessary to
authorize the issuance and sale of a public security; and
WHEREAS, to meet the thirty-day notification provisions for the calling of the outstanding
bonds, it is necessary authorize and issue refunding bonds at the November
19,2002, Council meeting with one reading of the ordinance.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the City Council directs the City Manager to proceed with the issuance
of bonds to refund the outstanding 1975 General Obligation Bonds (purpose
to purchase the City's waterworks system), 1975 Waterworks and Sewer
System Revenue Bonds, 1975-A Waterworks and Sewer System Revenue
Bonds, and 1981 Waterworks and Sewer System Revenue Bonds, if a net
present value savings of at least $60,000 can be achieved.
Sec. 2.
THAT these bonds will be presented for issuance with one reading of the
ordinance at the November 19, 2002, Council meeting under the provisions
of the Texas Government Code Title 9, Chapter 1201.028 and 1201.002.
Sec. 3.
THAT this Resolution is effective immediately upon passage.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF
ABSTENTIONS ON THIS
ATTEST:
Cynthia Singleton, TRMC
City Secretary
AYES,
DAY OF
Resolution R-02-2052
Page 2 of 2
NAYS,AND
2002.
CITY OF COLLEYVILLE
Donna Arp
Mayor
COLLEYVILLE LIBRARY BOARD MINUTES
September 9, 2002
I. CALL TO ORDER - The meeting of the Colleyville Library Board was called
to order at 6:00 p.m.
ROLL CALL - Members present: Vice Chair Carol Wollin, Pat Jones, Nancy
Eytcheson, Caren Handleman, Richard Roxburgh, Susan Barzelay and Mary
Alice Rippe. Members absent: Chairman Gary Taraba, Mary Ann Nicholson,
Ex-Officio Members Dr. Kevin Singer, Dr. Larry Darlage, Steve Jacobs, Ret
Stansberger, Steve Banta and Mayor Donna Arp were absent.
Council Liaisons Mayor Donna Arp and Mayor Pro Tem Ginny Tigue were
absent.
Staff present: Dianne McWethy, Dixie Cawthorne and Cindy Martin.
II. APPROVAL OF THE August12, 2002 - A motion was made by Pat Jones,
seconded by Mary Alice Rippe to approve the August 12, 2002 minutes.
Motion approved.
III. APPROVAL OF THE COLLEYVILLE PUBLIC LIBRARY GOALS
A motion was made by Caren Handleman, seconded by Susan Barzelay to
approve the Colleyville Public Library Goals. Motion approved.
IV. OVERVIEW OF THE COLLEYVILLE PUBLIC LIBRARY BUDGET AND
PROJECT UPDATE
City staff provided an overview of the Colleyville Public Library budget
through 2005. Staff also presented an update of the construction project.
V. NEXT MEETING
The Board established October 14, 2002, at 7:00 p.m. for the next meeting.
Library Board meeting. The Board also requested that the establishment of a
meeting date and time be placed on the October 14 agenda for discussion
and consideration.
VI. ADJOURN: A motion was made by Mary Alice Rippe, seconded by Pat
Jones to adjourn the meeting. Motion approved. The meeting of the
Colleyville Library Board was adjourned at 7: 1 O.
TRAFFIC SAFETY ADVISORY TASK FORCE
MINUTES - October 14, 2002
1. CALL TO ORDER. The meeting of the Traffic Safety Advisory
Committee was called to at 7:03 P.M. in the Colleyville Community Center at 5300
Bluebonnet Rd. Those present were:
Frank Whitmire
Angela Davis
Craig Lemmon
Sarah Simon
Rich Hendler - City Council Liaison
Chief John Young
2. DISCUSSION ITEMS:
A. Discussed setting priorities for modifying school zone areas and ordinances.
B. Discussed need for community and school district involvement.
C. Chose Bransford Elementary School zone to review first to determine
modifications.
D. Set November 4th as an interim meeting dated to discuss findings and
recommendations pertaining to Bransford Elementary.
E. Establish time table for modifying school zones and ordinances.
4. ADJOURNMENT
A. Meeting adjourned at 8:38 P.M.
PLANNING & ZONING COMMISSION
Meeting Minutes - October 14, 2002
Chairman Jeffrey Wall called the regular meeting of the Planning and Zoning Commission to order
at 7:00 P.M. on October 14, 2002.
Roll Call:
Present:
Earl Swift, Mark Jones, Bud Sellers, Jeffrey Wall, Bruce
Kelly, Jeff Byerly
Absent:
Bob Culley
Staff:
Barry LeBaron, Clayton Husband, Jeff Jones
Invocation:
Commissioner Wall
Pledge of Allegiance
Approval of Minutes:
September 23,2002
Chairman Wall moved to approve the minutes of the September 23, 2002 meeting as
written. Commissioner Sellers seconded the motion. The vote being:
Ayes: Swift, Jones, Sellers, Wall, Kelly, Byerly
Noes: None
1. Case P-02-039 Minor Plat of Hyde Addition, Lots 1 and 2, 1.99 acres located at 4508
Bill Simmons Road
Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
Commissioner Jones moved to approve the plat. Commissioner Byerly seconded the
motion. The vote being:
Ayes: Swift, Jones, Sellers, Wall, Kelly, Byerly
Noes: None
2. Case Z-02-026 PUBLIC HEARING - Special Use Permit for a Carport on Lot 25R, Block
1, Rustic Oaks Addition, located at 209 Valley View Drive South
Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He
stated the applicant is present and available to answer any questions concerning the request.
Planning & Zoning Commission
Minutes - October 14, 2002
Page 1 of 2 - Approved on October 28, 2002
Chairman Wall opened the public hearing.
There being no one present wishing to speak, the public hearing was closed.
Commissioner Jones moved to approve the Special Use Permit. Commissioner Sellers
seconded the motion. The vote being:
Ayes: Swift, Jones, Sellers, Wall, Kelly, Byerly
Noes: None
3. Staff comments, reports and discussion items:
Barry LeBaron advised the Commission of the upcoming joint work session with the City Council
about the master planning process. He stated the work session would be held on October 22,
2002, at 6:30 pm in the Community Center.
4. Commissioners' comments and reports:
None
ADJOURNMENT:
The Commission moved to adjourn the meeting at 7:35 p.m. The motion was seconded and
passed by acclamation.
Respectfully Submitted,
J. Clayton Husband, AICP
Community Development Manager
Approved on:
NOTE: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available
upon request.
Planning & Zoning Commission
Minutes - October 14, 2002
Page 2 of 2 - Approved on October 28, 2002
RESOLUTION R-02-2053
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
NOVEMBER 6, 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