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HomeMy WebLinkAboutCity Council-Agenda Packets-9/5/2000\~ `~ , ~ ppp~~i ~~~' ~ ~ ,' ~„ /' Texas '~~~ ~ „<mV ~ r ~~~ ~h'~" ~i C11Y of - Il~ ,~ ~~ AGENDA ~~ ~ CITY COUNCIL MEETING (~, 5400 BRANSFORD ROAD l/ SEPTEMBER 5, 2000 Oha ,~(~, 6:45 P.M. -CALL TO ORDER TML ~} ~-y~, 2~ - Q~L' • ~~ Zoo I i~ • /~j ROLL CALL ~ ~~~b 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attomey a. Town Center Colleyville Phase t Plat b. Open Meetings Act c. Leyton Grove drainage Sec. 551.072 - Property Acquisition - Colleyville Boulevard Sec. 551.072 - Property Acquisition - L.D. Lockett Road Sec. 551.074 - Personnel -The City Council may consider the appointment, employment evaluation, re~soignmerst, duties, discipline or dismissal of public oi~c.~r~ ~~y, ~~~:~~y~~~; ~4ciuding the City Manager, City Secretary, City ~trmr~e~, .and City board and commission members.. A compl~t,~ fist of the City boards and commissions is on file in the City Secxetary's Office. 7:30 P.M. -RESUME REGULAR ~~ETING INVOCATION: Reverend Bart McDonald, First Baptist Church of Colleyville PLEDGE OF ALLEGIANCE: Ross Foster, City Attomey P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF " MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS PROCLAMATION -American Heart Walk CONSENT: 3. READING AND PUBLIC HEARING -Resolution R-001707 -Consent Items: a. Approval of minutes of the regular City Council meeting of August 15, 2000 b. Approval of minutes of the City Council worksession held August 22, 2000 c. Approval of a bid award to Harry McMorris Cement Contractor in the amount of $14,860 for drainage improvements at Somerset Boulevard and Bedford Road d. Approval of Historical Preservation Committee Goals and Objectives for 2000 - 2001 e. Approval of City of Colleyville Local Historical Marker Program f. Approval of Setting a Public Hearing date for a request by HEB MRI Center to move two (2) modular buildings to 5100 SH 121 g. Approval of authorization for construction work on Sundays by Lone Star Railroad Contractors, Inc. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING -Ordinance 0-00-1232 - A request for private streets and entrance gates for the Shalimar Addition, requested by Mehrdad Moayedi, President of the Shalimar Homeowners' Association located on the south side of John McCain Road ~. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1234 - Approval of a contract between the City of Colleyville and The Village at Colleyville for public improvements SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1235 - Amending Chapter 62, Article II and adding Section 62-41, "Curfew hours for minors° 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1236 - Adoption of the- proposed Fiscal Year 2000-2001 Budget ~. SECOND READING AND PUBLIC HEARING -Ordinance 0-00-1237 - Settin . 9 the Ad Valorem Tax Rate for Fiscal Year 2000-2001 SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1238 - Amending Ordinance 0-92-880 setting fees and charges for city services and facilities ~, . 10. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1239 - ' " Q~ Amending Chapter 98, ArtiGe IV, Section 98-104 of the Colleyville Code of Ordinances, "Schedule of Drainage Charges" . SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1240 - Approval of a city limit line adjustment between the City of Colleyville and the City of Hurst in the Madison Place Addition located in the 400 block of West Glade Road 12. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1241 -Amending Chapter 3 of the Colleyville Land Development Code regarding temporary buildings used for construction offices 13. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1242 -Approval of a City/Developer Agreement with Goodacre Limited Partnership for Westmont Addition 14. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1243 -Amending Ordinance 0-98-1117, City of Colleyville Investment Policy. ~15. READING AND PUBLIC HEARING -Resolution R-00-1709 - Q~ Texas De artment of Tr Authorizing the P ansportation to hire an engineering firm to design the improvements to SH26 ~,`e ~6. READING AND PUBLIC HEARING -Resolution R-00-1710 -Authorizing the City Manager to work with the North Central Texas Council of Governments staff to explore alternative east-west transportation corridors in Coileyville 17. READING AND PUBLIC HEARING -Resolution R-00-'~ 711 - Rescinding Resolution R-99-1585, authorizing the City Manager to sign deeds and accept donations of land for the site of the new City Hall and entry roar 18. READING AND PUBLIC HEARING -Resolution R-00-1712 -Approval of a Combination Plat of Town Center Colleyville Addition, Phase I, requested by Patsy Smith and the City of Colleyville, 60.57 acres located at the southeast comer of Hall-Johnson Road and Colleyville Boulevard TABLED ITEMS: 19. READING AND PUBLIC HEARING -Resolution R-00-1703 -Approving the ~ . storm drainage improvement plan for the Bridges at Riverwalk REPORTS: 20. PLANNING AND ZONING COMMISSION MINUTES -August 14, 2000 ZONING BOARD OF ADJUSTMENTS MINUTES- August 8, 2000 and August 22, 2000 PARKS AND RECREATION ADVISORY BOARD MINUTES -August 14, 2000 COMMUNITY CENTER ADVISORY COMMITTEE MINUTES -July 31, 2000, August 14, 2000 and August 28, 2000 CITIZEN COMMENTS: 21. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 22. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 5, 2000 - Reading and Public Hearing -Resolution R-00-1706 .Q'~~' C+~ ~rv~ ~e+~/ttna~'' ADJOURNMENT: 23. ADJOURNMENT I certify the above agenda was posted on the bulletin board at City Hall on September 1, 2000, at 4:30 p. m. 4~ J n Harris, TRMC, CMC C y Secretary ff 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 577- 7575, and reasonable accommodations will be made to assist you. CITY COUNCIL Cis.' of I~ T~.,$ AGENDA BRIEFING For mt .: 09/05/00 CMO Approval: Item # 1 Ordinance # N/i4 Previous Action: None DEPT. CITY COUNCIL SUBJECT Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attomey a. Town Center Colleyville Phase I Plat b. Open Meetings Act c. Leyton Grove drainage Sec. 551.072 - Property Acquisition - Colleyville Boulevard Sec. 551.072 - Property Acquisition - L. D. Lockett Road Sec. 551.074 - Personnel -The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of public officers or employees, inGuding the City Manager, City Secretary, City Attomey, and City board and commission members. A complete list of the City boards and commissions is on file in the City Secretary's Office. C' MANAGER EAD FINANCIAL REVIEW (IF NECESSARY CITY COUNCIL C~~!' of 1~ TCx 1> AGENDA BRIEFING For mt .: 09/05/00 CMO Approval: Item # 2 Ordinance # N/~4 Previous Actien~ None DEPT. CITY COUNCIL SUBJECT CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS PROCLAMATION -American Heart Walk Heart disease and stroke are the leading cause of death in the United States, causing about one million deaths each year, more than the next seven leading causes combined. The American Heart Association is the largest organization in the world dedicated to fighting cardiovascular disease, with a goal of reducing cardiovascular disease by 25 percent by the year 2010, and is second only to the U.S. Government in spending for cardiovascular disease research. The Northeast Tarrant Division of the American Heart Association raised more than __ $600,000 last year through such events as the American Heart Walk. The American Heart Walk will be held locally on Saturday, October 7, 2000 at the Texas Star Golf Course in Euless. This year's Northeast Tarrant Division walk has been dedicated as a tribute to Dick Denison, a former Colleyville resident and community volunteer who died of a heart att in December 1999. C~ MANAGER- I DE~'ARTMENT HEAD FINANCIAL REVIEW (IF NECESSARY) rocr~cn~~tio~ CITY OF Colleyville, Texas WHEREAS: heart disease and stroke are the leading cause of death in the United States, causing about one million deaths each year, more than the next seven leading causes combined; and WHEREAS, cardiovascular disease accounted for Hearty half of all deaths in Tarrant County during 1998 and 1999; and WHEREAS, on an average day in 1999, 156 Tezans died of cardiovascular disease or stroke; and WHEREAS, the American Heart Association is the largest organization in the world dedicated to fighting cardiovascular disease, with a goal of reduang cardiovascular disease by 25 percent by 2010, and is second only to the U.S. government in spending for cardiovascular disease research; and WHEREAS, the Northeast Tarrant Division of the American Heart Association raised more than $600,000 last year through such ever>Ts as the American Heart Walk; and WHEREAS, the American Heart Walk will be hekf locally on Saturday, October 7, 2000, at the Texas Star Golf Course in Euless; and WHEREAS, residents from throughout Northeast Tarrant County, including this community, will participate as volunteers, walkers, and donors in this years American Heart Walk; and WHEREAS, this years Northeast Tam3M Division walk has been dedicated as a tribute to Dick Denison, a former Colleyville resident and community volunteer who died of a heart attack in December 1999. NOW, THEREFORE, 1, DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council extend our support to the American Heart Walk and hereby proclaim October 7, 2000, as WALK FOR YOUR HEART DAY and encourage our citizens to become more heart-healthy. IN WITNESS WHEREOF, I do hereby set my hand, and se a City of I i le affixed this 5th day of September, 2000. J Mayor. City of Colleyville f E r L F i f r_ f ~~ RESOLUTION R-00-1707 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF SEPTEMBER 05, 2000 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 August 15, 2000, are hereby approved. b. THAT the minutes of the City Council worksession held August 22, 2000, are hereby approved. c. THAT the bid award to Hany McMorris Cement Contractor in the amount of $14,860 for drainage improvements at Somerset Boulevard and Bedford Road, is hereby approved. d. THAT the Historical Preservation Committee Goals and Objectives for 2000- 2001, are hereby approved. e. THAT the City of Colleyville Local Historical Marker Program, is hereby approved. f. THAT the public hearing date for a request by HEB MRI Center to move two (2) modular buildings to 5100 SH 121 set for September 19, 2000, is hereby approved. g. THAT the authorization for construction work on Sundays by Lone Star Railroad Contractors, Inc., is hereby approved. AND IT IS SO RESOLVED. Passed by a vote of ayes, of , 2000. ATTEST: Jean Harris, TRMC, CMC City Secretary Resolution R-00-1707 Page 2 of 2 nays, and abstentions on the CITY OF COLLEYVILLE Donna Arp Mayor day MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING AUGUST 15, 2000 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on August 15, 2000, at 6:47 p. m. ROLL CALL: Councilpersons Jody Short, Mike Taylor, Dana Feldman, Dennis Marlin, and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bob Stripling, Assistant City Manager Dianne McWethy, Financial Analyst Ken Kolsti, Administrative Intem Collin Boothe, Director of Public Services Bob Whitehead, Community Development Manager Bany LeBaron, Development Coordinator Clayton Husband, Public Works Manager Randy Brown, Economic Development Manager Mike Soab, Police Chief John Young, Fire Chief Mike Johnston, City Attomey Ross Foster, and City Secretary Jean Harris were also present. 1. EXECUTIVE SESSION - In accordance with Texas Govemment Code Chapter 551, Subchapter D Sec. 551.072 - Property Acquisition - Colleyvilie Boulevard Sec. 551.072 - Property Acquisition -Hall-Johnson Road Sec. 551.072 - Property Acquisition - L.D. Lockett Road Sec. 551.074 - Personnel -The City Council may consider the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of public officers or employees, including the City Manager, City Secretary, City Attomey, and City board and commission members. A complete list of the City boards and commissions is on file in the City Secretary's Office. Mayor Arp explained that the Executive Session had been called in accordance with Texas Govemment Code Chapter 551, Subchapter D, 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 6:49 p.m., and reconvened at 7:53 p.m. CITY COUNCIL MINUTES AUGUST 15, 2000 Reverend Lloyd McCutchen, Pleasant Glade Assembly of God Church gave the invocation, 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 Councilman Short announced there would be a Concert in the Park at 6 p.m. on Sunday, August 20. Mayor Arp read a letter from the Census Bureau stating their appreciation for the City's assistance in obtaining the 2000 Census. Mr. Mark French, Danielle Amette, Bany Clumpus, Dawn Micheler, and Rita Attorney of the Leadership Colleyville Class 1999-2000 presented a check in the amount of $5,300 to the City for repair, maintenance, and improvements to the L. D. Lockett house. These funds were collected from their fundraiser, "Luau for Lockett". CONSENT: 3. READING AND PUBLIC HEARING -Resolution R-00-1698 -Consent Items: a. Approval of minutes of the regular City Council meeting of August 2, 2000 b. Approval of the Local Transportation Project Advance Funding Agreement with TxDOT for the installation of safety ends and lighting at the Jackson Road bridge, in the amount of $3,885.00 c. Approval of a construction contract with Lone Star Railroad Contractors, Inc., for the Bransford Road Railroad Crossing, in the amount of $31,157.80 d. Approval of a testing services contract with Rone Engineers for the Justice Center, in the amount of $22,678.50 e. Approval of additional construction services on Project "C" Sanitary Sewer Improvements to include asphalt overlay on Patterson Lane with H & W Utility Contractors, in the amount of $34,538.40 f. Approval of an Interlocal Agreement renewal with the City of Fort Worth for collection and disposal of household hazardous waste 2 CITY COUNCIL MINUTES AUGUST 15, 2000 g. Approval of an Interlocal Agreement renewal and funding for the Metroport Teen Court Program h. Approval of a bid award to Four Alarm Fire Equipment in the amount of $16,500.00 for the purchase of a Thermal Imaging (infrared) Camera Approval of additional construction services for the McDonwell School Road 16" transmission main with Municipal Utilities, Inc., in the amount of $17,750.00 Mayor Arp opened the public hearing and read Resolution R-00-1698 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Resolution R-00-1698. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-00-1231 - Replacing Ordinance 0-95-990 and Ordinance 0-95-998, amending Chapter 50, Article II, Basis for establishing areas of special flood hazards of the Colleyville Code Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1231. There was no one present wishing to speak conceming this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Ordinance 0-00-1231. Councilman Feldman seconded the motion. 3 CITY COUNCIL MINUTES AUGUST 15, 2000 Ayes: Councilpersons Short, Taylor, Feldman, Martin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 5. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1232 - A request for private streets and entrance gates for the Shalimar Addition, requested by Mehrdad Moayedi, President of the Shalimar Homeowners' Association located on the south side of John McCain Road Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1232. Ms. Anna Khalil, 7005 Shalimar Court, representing the Homeowners Association, Mr. John Owsen, 6800 Shalimar, Ms. Monique Kusman, 6905 Shalimar Court, Mr. Hany Lee, 6909 Shalimar Court, Mr. Mark Lamkin, 7000 Shalimar Court, Ms. Anita Lamkin, 7000 Shalimar Court, Mr. Mark Brooks, 6809 Shalimar Court, and Mr. Charlie Slocum, 6821 Shalimar Court, spoke in favor of the proposed Ordinance. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding a pedestrian pathway to the City's trail system, construction of the gate, materials that will be used, maintenance of the gate by the homeowners, safety of the children playing in the street, abandonment of the street stub-out to the west, and emergency access. The Council commended the homeowners for working together on this proposal 6. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1234 -Approval of a contract between the City of Colleyville and The Village at Colleyville for public improvements Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1234. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 4 CITY COUNCIL MINUTES AUGUST 15, 2000 7. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1235 -Amending Chapter 62, Article II and adding Section 62-41, °Curfew hours for minors" Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1235. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding police officers stopping minors for no apparent purpose, the opinion of the police department regarding this Ordinance, protection of minors from becoming victims, the required review every three years by law, and the number of complaints from citizens regarding the use of the Ordinance. 8. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1236 -Adoption of the proposed Fiscal Year 2000-2001 Budget Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1236. There was no one present wishing to speak conceming this item and Mayor Arp closed the public hearing. 9. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1237 -Setting the Ad Valorem Tax Rate for Fiscal Year 2000-2001 Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1237. There was no one present wishing to speak conceming this item and Mayor Arp closed the public hearing. 10. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1238 -Amending Ordinance 0-92-880 setting fees and charges for city services and facilities Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1238. There was no one present wishing to speak conceming this item and Mayor Arp closed the public hearing. 5 CITY COUNCIL MINUTES AUGUST 15, 2000 11. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1239 -Amending Chapter 98, Article IV, Section 98-104 of the Colleyville Code of Ordinances, "Schedule of Drainage Charges" Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1239. Mr. AI Zim, 7209 John McCain Road, raised a question regarding whether this item affected the funding or the projects. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. 12. FIRST READING AND PUBLIC HEARING -Ordinance 0-00-1240 -Approval of a city limit line adjustment between the City of Colleyville and the City of Hurst in the Madison Place Addition located in the 400 block of West Glade Road Mayor Arp opened the public hearing and read the caption of Ordinance 0-00-1240. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the purpose of this Ordinance, the location of the corporate limits of the cities of Hurst and Colleyville currently dividing lots that are being developed, and the need to clearly define in which city the lots are located. 13. READING AND PUBLIC HEARING -Resolution R-00-1700 - A final plat for Madison Place, requested by Walter A. Elliot, Jr., P.E., for Derek DeGuire, 7.398 acres located on the north side of West Glade Road in the 400 block Mayor Arp opened the public hearing and read Resolution R-00-1700 in its entirety There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the location of the property and the legality of approving a plat for property that is not in Colleyville. 6 CITY COUNCIL MINUTES AUGUST 15, 2000 Councilman Feldman moved to approve Resolution R-00-1700, with an amendment stating the effective date. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp decayed the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-00-1701 - A revised preliminary plan for Clairmont, requested by Warren E. Hagan, 50.385 acres located on the north side of McDonwell School Road in the 700-1000 block Mayor Arp opened the public hearing and read Resolution R-00-1701 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Warren Hagan, representing the developer, spoke regarding this being a gated community, the right-of-way width on the cul-de-sac, pavement width, and emergency access. He requested 50' cul-de-sac rights-of--way and 31' pavement width. Discussion ensued regarding the gating of the community, side yards, and the recommendation of the Planning and Zoning Commission. Mayor Pro Tem Tigue moved to approve Resolution R-00-1701, amending the cul-de- sac rights-of--way to 50' and amending the pavement width to 31'. Councilman Short seconded the motion and expressed his desire for pedestrian access. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 15. READING AND PUBLIC HEARING -Resolution R-00-1702 -Approval of the authorization to hire a consultant to conduct the Highway 26 Corridor Plan Mayor Arp opened the public hearing and read Resolution R-00-1702 in its entirety. 7 CITY COUNCIL MINUTES AUGUST 15, 2000 Mr. Jim Moore, 1416 Glade Road, stated his concerns with the objectives of the consultant. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Resolution R-00-1702. Councilman Feldman seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 16. READING AND PUBLIC HEARING -Resolution R-00-1703 -Approving the storm drainage improvement plan for the Bridges at Riverwalk Mayor Arp opened the public hearing and read Resolution R-00-1703 in its entirety. Mr. Tom Matthews, 726 Commerce Street, Suite 109, Southlake, spoke regarding the reimbursement program, cost savings, and benefits for the development to the north. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the moving of the water down Little Bear Creek, rather than retaining the water, and detention of the water upstream. Councilman Feldman moved to table this item. Councilman Marlin seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 8 CITY COUNCIL MINUTES AUGUST 15, 2000 17. READING AND PUBLIC HEARING -Resolution R-00-1704 -Proposal to set tax rate for FY 2001 at $.3474 per hundred dollars of valuation Mayor Arp opened the public hearing and read Resolution R-00-1704 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Resolution R-00-1704. Councilman Feldman seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 18. READING AND PUBLIC HEARING -Resolution R-00-1705 -Authorizing the purchase of property located at 5100 Colleyville Boulevard in the amount of $129,800 and authorizing the Mayor to sign documents supporting the transaction Mayor Arp opened the public hearing and read Resolution R-00-1705 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Marlin moved to approve Resolution R-00-1705. Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp deGared the motion carried. 9 CITY COUNCIL MINUTES AUGUST 15, 2000 19. READING AND PUBLIC HEARING - Resolution R-00-1706 - Declaring expectations to reimburse land purchase expenditures at 5100 Colleyville Boulevard for Pleasant Run/Colleyville Boulevard intersection improvements with proceeds of future debt Mayor Arp opened the public hearing and read Resolution R-00-1706 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Resolution R-00-1706. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. TABLED ITEMS: 20. CONSIDERATION OF ORDINANCE 0-00-1225 -Zoning Change from R40 to PUD-C, requested by Kipp Whitman, 6.335 acres located at the southeast comer of Lavaca Trail and Precinct Line Road Councilman Taylor moved to remove this item from the table. Councilman Marlin seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Councilman Taylor moved to suspend the rules to allow the citizens to speak. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10 CITY COUNCIL MINUTES AUGUST 15, 2000 Mr. Gene Honermann, 4100 Ambleside Court, spoke regarding the need for commercial development on the perimeter of Colleyville. There were no others wishing to speak concerning this item. Mr. Kipp Whitman, 3402 Crossgate Circe South, applicant, spoke regarding the proposed "state of the art" kennel. Mr. Randy Allen, Plano, architect, spoke regarding noise, smell, the proposed on-site waste treatment plant, the proposed 100 outdoor kennels, the air-conditioned buildings, and the exterior appearance. Discussion ensued regarding previous buildings of this type, square footage (35,000), height of the building (28'), the generation of ad valorem taxes, expanding a Westlake operation, a proposed voluntary donation or contribution from each customer that would go to the City, a pet mortuary/cemetery, veterinary services, sales tax revenues paid to the City of Westlake (less than $10,000 per year), other pad sites planned in front of the kennel, the zoning approved by the Planning and Zoning Commission, the two alternate Ordinances in the Council's packet, and consideration of one proposal by the Planning and Zoning Commission and another by the City Council. Ms. Sheny Gray, 2205 West Pearson Lane, Westlake, kennel owner, was present to answer questions of the Council. Mr. Doug Henderson, 3602 Lake Champlain, Arlington, spoke in favor of convenience stores. Councilman Marlin moved to refer this item back to the Planning and Zoning Commission for their consideration. Councilman Tigue seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 11 CITY COUNCIL MINUTES AUGUST 15, 2000 STAFF REPORTS: 21. QUARTERLY INVESTMENT REPORT MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 22. PLANNING AND ZONING COMMISSION MINUTES - 07/24/00 ZONING BOARD OF ADJUSTMENTS MINUTES- 07/25/00 AND 08!08/00 There was no action taken on this item. CITIZEN COMMENTS: 23. CITIZEN COMMENTS/PRESENTATIONS REGARDING fTEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 24. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 15, 2000 - Reading and Public Hearing -Resolution R-00-1699 This Resolution was not needed. ADJOURNMENT: 25. ADJOURNMENT There being no further business before the City Council, Councilman Feldman moved to adjourn. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 10:10 p.m. 12 CITY COUNCIL MINUTES AUGUST 15, 2000 APPROVED THIS DAY OF , 2000, BY A VOTE OF AYES, NAYS, AND ABSTENTIONS. Minutes taken and prepared by: Jean Harris, TRMC, CMC City Secretary 13 MINUTES OF THE COLLEYVILLE CITY COUNCIL WORKSESSION AUGUST 22, 2000 The Colleyville City Council worksession was called to order by Mayor Donna Arp on August 22, 2000, at 6:10 p.m. ROLL CALL: Councilpersons Jody Short, Mike Taylor, Dana Feldman, Dennis Marlin, and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bob Stripling, Assistant City Manager Dianne McWethy, Finance Director Teny Leake, Human Resource Manager Kelly Cooper, and Financial Analyst Ken Kolsti were also present. 1. DISCUSSION OF THE PROPOSED 2000-2001 FISCAL YEAR BUDGET The Council reviewed various budget items and possible changes with the stafF. 2. DISCUSSION OF THE PROPOSED 2000-2001 FISCAL YEAR AD VALOREM TAX RATE The Council discussed the proposed tax rate. There being no further business before the City Council, the worksession was adjourned at 8:45 p.m. APPROVED THIS DAY OF , 2000, BY A VOTE OF AYES, NAYS, AND ABSTENTIONS. Minutes taken and prepared by: C. Robert Stripling City Manager CITY COUNCIL Cur of '~ ~[sa> AGENDA BRIEFING For mt .: 09/05/00 CMO Approval: Item # 3c Resolution # R-DO-1707 Previous Action: None DEPT. PUBLIC SERVICES SUBJECT Approving Somerset Blvd. and Bedford Rd. Drainage Improvements Contract, in the amount of $14,860 with Harry McMorris Cement Contractor - by Consent Reading and Public Hearing Background Correspondence dated December 1, 1997 and signed by Mr. Jim Foster, former Director of Public Services, proposes an agreement with the Lakes of Somerset Homeowners' Association for remedial action concerning a drainage issue at the intersection of Somerset Blvd. and Bedford Rd. The agreement was accepted via correspondence dated December 11, 1997 from the president of the Lakes of Somerset Homeowners' Association. CITY MANAGER PARTMENT HEAD (continued) FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-00-1707 Page 2 On August 14, 1999 an accident occurred at the intersection of Somerset Blvd. and Bedford Rd. The accident was associated with the intersection drainage issue. On May 3, 2000, the City of Colleyville entered into a contract with Teague, Nall and Perkins for the design of drainage improvements at the intersection of Somerset Boulevard and Bedford Road. The design contract was in the amount not to exceed $4,174. Public Works advertised in the Fort Worth Star Telegram for a bid opening of 2:00 p.m. on August 16, 2000 for the Somerset Blvd. and Bedford Rd. Intersection Drainage Improvements. Two bids were received with the lowest responsive bid being that of Harry McMorris Cement Contractor of Justin, Texas in the amount of $14,860. The second bid was received from Pipe-Con, Inc. in the amount of $22,290. Financial Impact Funds are available in the Utility Operations budget line item 002-61-6226, "Miscellaneous Contractual Services." Recommendation Approval of a contract with Hany McMorris Cement Contractor, in an amount not to exceed $14,860 for drainage improvements to the Somerset Blvd. and Bedford Rd. Intersection. Attachments ^ Bid Proposal (Paper Copy Only) • December 1, 1997 correspondence from Jim Foster (Paper Copy Only) • December 11, 1997 correspondence form Lakes of Somerset HOA (Paper Copy Only) BID PROPOSAL FORM FOR SOMERSET BLVD. & BEDFORD RD. INTERSECTION DR~iINAGE IlVIPROVEMENTS (THIS B1D FORM MUST NOT BE REMOVED FROM THE CONTRACT DOCUMENTS) Date G2~1 ~ ~ DD -T TO: City of Colleyville P.0. Box 18~ 5400 Bransford Road Colleyville, TX 76034 FOR: Somerset Blvd. & Bedford Rd. Intersection Drainage Improvements Pursuant to the foregoinJ "~iotice to Bidders" the undersigned bidder. having thoroughhly ex~~.~zed the Contract Documents. the site ofthe project and understanding the amount ofwork to be done and the prevailing conditions, hereby proposes to fully complete all of the work and requirements as provided in the plans and Contract Documents and binds himself upon acceptance of this proposal to complete the work within the time stated and for the following prices: Item Estim. Name of Pay Item with Unit Bid Amount No. Quantity Unit ~ Unit Price in Words ~ Price Bid I 160 LF 10" Wde Grate with Trench Frame ~ ~ ~ ~ ~5'~' ~ ~ ~ (Bass 8~ Hayes VTFG 8 HO or ~ Equivalent), complete in place for the sum of ',~ / ~..~L ~ ~ Dollars - ~ ~ ~'/~~ jai ~ / ~ G^ ~~'~ and Cents Per Linear Foot ~~D~~D D ~j~,;ti,~~ 2. 50 LF 4" Perforated PVC Pipe, complete in G ~ G J Place for the sum of ~ ` and ~ Cents t Per Linear Foot l ' -- ~~ d~ ~ ~~ d~ ~j ~ "1 NL/~ Proposal - 2 ~~~~~ Name of Pay Item with Unit Bid Amount Item Estim. Bid No. quantity Unit Unit Price in Words Price 3• 38 LF I Romplete n pace for the s oG~er, 4 ~ 1 I ~. ~ 1 i ., j 1 LS LS ~~, .~ , L~ ~'~ Ju TOTAL AMOUNT BlD and ~- Cents Per Linear Foot $ ~~n - ~- Reinforced Concrete Pavement and Drainage Flume Replacement for 10" W+de Grate with Trench Frame, ' complete in place for the sum of ~,f~Gc•• ~L~CT Dollars i Cents and S ~1'' ' 3 y' `~''~::C~" ~ Per Lump Sum ~,;:^~,r`, Yard. Landscape ~ Irrigation Repair and I 1 , ;Restoration, complete in place fer the sum of Dollars and Cents 5 ~ S per Lump Sum f Erosion ~rotec5on, complete in place for the sum of Dollars ~~ and Cents Per Lump Sum S I I S I ~~ ~, ~'~ G~ v o r Proposal - ~~ "'STATEMENT OF MATERIALS AND OTHER CHARGES" / MATERIALS INCORPORATED INTO THE PROJECT $ ~ ~! ~G~ GO ALL OTHER CHARGES $ `~ ~©~ Gd ""TOTAL $ G ~ d d This form is included in these documents far reference only. It is to be completed by the low bidder at the time of execution of the contract. "` This total must agree with the total figure shown in the Proposal, TOTAL AMOUNT BID in the bound contract. NOTE: For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. The undersigned bidder acknowledges receipt of the following Addenda: (If none is received, then write NONE across the blanks.) Addendum No. 1 Date Received Addendum No. 2 Date Received Addendum No. 3 Date Received Proposal - 3 The undersigned bidder agrees to execute and file with the Owner a contract on the forms provided within ten (10) days after receipt of written notification of award of the contract and to begin the work to be performed under the contract within ten (10) days after receipt of written authorization to begin the work (Work Order) and to complete the work in full by September 30, 2000. Enclosed with this proposal is a certified or cashiers check or bidding bond in the amount of five (5°~) percent of the total bid, which is to become the property of the City of Colleyville or the attached Bidder's Bond is to be forfeited in the event the contract is not executed within the time set forth, as liquidated damages for delay and additional wor4c caused thereby. Signed: ~C`~`L'"~l ` ~~~ w~`„`' Company: v~=`~'''~~-- ` Address:~~~ %~ ~'~ ~ 3 ~ ` ~ , ~ ~. . ~: -' Telephone: ~~ ~ ` L~ ~ ~7 u~~ 3'~'', Fax: ~i~ ~= - SEAL (If Corporation) Proposal - -~ STANDARD FORM OF gG1t,EEMEM (Cont'd) IN WITNESS WHEREOF, the parties of these presents have executed this Agreement in the vear and day first above written. CITY OF COLLEYVII..LE Parry of the First Part (OWNER) Party of the Second Part (CO~'TR~.CTORj Bv~ By. ATTEST. ATTEST S F-= C-cy of ~. ~~.~ p . ENGINEERING OEPAa~E T Tezas December 1, 1997 Mr. William Frank Carrot! President, Lakes of Somerset Homeowners' Assoaation 1304 Alexandra Court Colleyvitle, TX 7fi034 Re: Intersection of Somerset Blvd. and Bedford Road Dear Mr. Canoli, Thank you for your recent letter concerning the flow of water across the subject intersection. Subsequent to the receipt of that letter, several representatives of the City's Engineering and Public Works departments met Mr. Roger Nelson at the intersection of Somerset Blvd. and Bedford Road. On that date in October, a small amount of water was flowing across the intersection. My field investigation revealed a saturated flower bed on the north side of Somerset Blvd. Investigation of the parkway a short distance further north on Bedford Road and immediately adjacent to the flower bed revealed that this section was essentially dry. Thus, if ground water is a problem, it is exacerbated by the possible excessive watering of the flower beds. 1, then, instructed the Engineering Deparsnent to seek the counsel of a landscape maintenance company. The investigation of the landscape maintenance company indicates that the flower beds are subjected to excessive irrigation, as evidenced by the saturated soil conditions and the unhealthy state of the plants in that area. According to the landscape maintenance company, the sources of the problem are potentially three-fold: 1. Excessive irrigation, 2. Numerous large shade trees in the area, and 3. Ground water. Inasmuch as the flowing water is not continua! (I have observed days when no flow was occurring), f request that the Homeowners' Assoaation consider revising the frequency and intensity of the watering at this intersection. The installation of a small diameter pipe to handle this surface water is estimated to cost approximately 52,000. The City budgets a limited amount of money for small drainage projects. These funds are focused on locations where severe drainage problems exist; i.e., water in houses or other structures. My hope is that a reduction in the frequency and intensity of the watering will eliminate the ~ I'l R(1Y 10C I^P11 1 cy~/q ~ C TCYAC 7~n~7~ ,o+T~ c--r ~-~.. problem or minimize it to the paint where such expensive improvements would not be necessary. If the Lakes of Somerset Homeowners' Association is willing to participate in the amount of 51,000, the City is willing to designate up to 51,000 for iYs participation in this project Please let me know if such a joint participation is possible. Thank you for your interest in maintaining the high quality of life we have in Colleyvilie. Sincerely, ~' g . 8~ ~~ Jimmy B. Foster, P.E. Director of Public Services cc: Roger Nelson, 4509 Dartmoore Lane, Colleyville, TX i 6034 Jerry Birices, 1301 Ashford Ct., Calleyville, TX 76034 Bob Stripling, City Manager Casey Sledge, Capital Improvements Engineer Randy Brown, Public Works Manager LAKES OF SO~LfER.SET HOMEOWNERS' ASSOCIA~TON, INC. December I I , 1997 Jimmy B. Foster, P.E. Director of Public Servicts Engm~ring Dcparmmcnt Ciry of Cotleyville P . O. Box 185 Colleyville, Texas 76034 Rr: Intersection of Somerset Blvd. and Bedford Road Dear i/ir. Foster: 'This will aclozowle~dge receipt of your letter of December 1, 1997 regarding the above- refe: enced nzartcr. The Lakes of Somerset Homeowners Association ("LOS ") is willing to designate up to 51,000.00 to participate in the installation of a drainage pipe to elim.inatc the ~~+ater problem at the referenc.-d intersection. Please advise ne as to how you wish co prvc.-cd since LOS would like to correct the problem before severe weather probleZS occur. I also want to cor tin; the problem. thank you and your staff for your cc: Carol Carter Atfield Jerry B irlces Patty Ficmric Vona Smith Roger Nelson Bob Stripling eoocaaass i~ CITY COUNCIL C~~~ nr ~~W ~~ 7CS~~ AGENDA BRIEFING For mt .: 09!05/00 CMO Approval: Item # 3d Resolution # R-00-1707 Previous Action: None DEPT. CITY MANAGER'S OFFICE SUBJECT Approval of Historical Preservation Committee Goals and Objectives for 2000 - 2001 - by Consent Reading and Public Hearing Background During this summer 2000 the Historical Preservation Committee has worked to develop Goals and Objectives for 2000 - 2001 for the purpose of working with the City to enhance the historic preservation efforts of Colleyville. (See attached). Some of the defined goals are: Initiate City sponsored historical markers - Obtain a Texas Historical Marker for the Pleasant Glade community - Provide recommendations concerning the Webb House Restoration at Bransford Park - Work with the Library Advisory Committee and City Council to have provisions made for permanent historical exhibits and displays at the planned Colleyville Public Library and Colleyville City Hall - Initiate and build a collection of historical documents, photographs, maps and other artifacts for the benefit of the public. (continued) C t r CITY MANAGCE,,R, _ I . iirrrrr,` /~~~" PARTMENT HEAD FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-00-1707 Page 2 Financial Impact None. Recommendation Approval of Historical Preservation Committee Goals and Objectives for 2000 - 2001. Attachment: Historical Preservation Committee Goals and Objectives for 2000 - 2001 CITY OF COLLEYVILLE HISTORICAL PRESERVATION COMMITTEE GOALS FOR OCTOBER 1, 2000 THROUGH SEPTEMBER 30, 2001 Strengthen the historic preservation efforts of Colleyville by encouraging the City Council to adopt appropriate ordinances. II. Initiate City sponsored historical markers. A. Determine criteria B. Obtain funding C. Design markers D. Identify and approve initial sites III. Obtain a Texas Historical Marker for the Pleasant Glade community A. Research and select speck site for marker B. Obtain funding C. Prepare and submit application IV. Provide a recommendation to the City Council regarding the Webb House Restoration at Bransford Park. V. Work with the Library Advisory Committee and City Council to have provisions made for permanent historical exhibits and displays at the planned Colleyville Public Library and Colleyville City Hall. VI. Initiate and build a collection of historic documents, photographs, maps and other artifacts for the benefit of the public. A. Research and select the most appropriate means of ownership and/or custodianship of the collection B. Catalog and document all items in the collection C. Initiate means of growing the collection through donations and loan program VII. Prepare and have printed a pamphlet, brochure or small book and a video describing and illustrating an overview of the history of the Colleyville area and the parent communities. VIII. Begin compiling and reviewing information to facilitate a publication about Colleyville history and its City government since incorporation. 08/02/00 CITY COUNCIL ~~~~' Ol G, - ~ ~~ ~~ 7c.ca> AGENDA BRIEFING For mt .: 09/05/00 CMO Approval: Item#: 3e Resolution # R-00.1707 Previous Action: None DEPT. CITY MANAGER'S OFFICE SUBJECT Approval of City of Colleyville Local Historical Marker Program - by Consent Reading and Public Hearing Background The Historical Preservation Committee has worked to develop a Local Historical Marker Program to designate people and areas, including buildings and locations, of historical significance to the City of Colleyville. The committee has developed the criteria and application for implementation of this program. (See attached). The Historical Preservation Committee will review the established criteria and determine eligibility and forward a recommendation to the City Council for consideration and approval. (continued) CITY MANAGER Yji~u~/ EPARTMENT EAD I ANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-00-1707 Page 2 Financial Impact The projected cost for a local historical marker is $800 to $1000. The FY 2001 Annual Budget includes an allocation of $10,000 for implementation of this program. Recommendation Approval of City of Colleyville Local Historical Marker Program. Attachments: City of Colleyville Local Historical Marker Guidelines and Application CITY OF COLLEYVILLE HISTORICAL PRESERVATION COMMITTEE CITY SPONSORED HISTORICAL MARKERS GUIDELINES The City of Colleyville Historical Marker Program will use markers and medallions, with and without posts, to designate historic properties. Once an application (see attached sample) has been submitted to the Colleyville Historical Preservation Committee, the committee will review the application and, if needed, perform a site visit of the property. The sample application includes the following criteria: / Character, interest or value as part of the development, heritage or cultural characteristics of Colleyville, the State of Texas or the United States. / Location of the site as a significant historical event. / Identification with a person or persons who significantly contributed to the culture and development of Colleyville. / A historical personage may be judged eligible for a historical marker five years after decease. A person should be deemed eligible for a marker based on his/her own merits, not on the contention that he/she was a descendant of a historical personage. / Eligibility for a marker at a gravesite may be determined five years after the subject's decease. / Portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style. / Embodiment of distinguishing characteristics of an architectural type. / Identification with the work of an architect or master builder whose individual work has influenced the development of Colleyville. / Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. / Relationship to other distinctive buildings, sites or areas that are eligible for preservation according to a plan based on historic, cultural or architectural motif. / Unique location of singular physical characteristics that represent an established and familiar visual feature of a neighborhood, community or Colleyville. / Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. / Value as an aspect of community sentiment or public pride. / Exemplification of the cultural, economic, social or historical heritage of Colleyville. / To be judged for historical marking, an institution must have been in existence for at least fifty years. In case of a commemoration for an institution, which was historical, but no longer exists, the date of its founding should be at least fifty years ago. To: Potential Applicants From: Colleyville Historical Preservation Committee The Colleyville Historical Preservation Committee is eager to receive applications from owners of property that is eligible for a Colleyville Historic Landmark plaque. Our goal is to place markers at all eligible sites. The application form requests information about historic landmarks. We realize that all these details may not be available. We encourage you to complete the application as completely as possible. Sources of information are listed in the instructions. If you need any assistance, we have committee members who would be happy to help you. To request assistance, please contact the Assistant City Manager at 577-7575. HISTORIC LANDMARK NOMINATION FORM- INSTRUCTIONS The Colleyville Historical Preservation Committee Nomination Form is designed to provide information to determine the historical significance of property that may be eligible for designation as a Colleyville Historic Landmark. Once the applicant completes the nomination form, the Colleyville Historical Preservation Committee will determine whether the property is eligible and forward a recommendation to the City Council for consideration and approval. While similar, the Colleyville Historical Preservation Committee is not a substitute for the Texas State Marker Program or listing as a property on the National Registrar of Historic Places. For information, see contacts at the end of these instructions. Appropriate photographs, site plans, original plans and photographs, etc. must also accompany the application for designation, and the following information must be included: 1. Name: Since older buildings may accrue many names over their life span, please include all names found in research literature. 2. Location: The address should refer to the post office number assigned to the property; location in the City should refer to the larger area; neighborhood should be specific if known; land surveys may be found at the Tarrant County Courthouse: size should be in square feet or acres; and block, etc., may be found at the City of Colleyville Department of Community Development (See contacts). 3. Zoning: This information may be obtained from the City of Colleyville Department of Community Development. 4. Classification: As noted. S. Current Owner: Indicate if this is the sole owner, or representative of multiple owners or a company. 6. Form Prepared By: This should be the person responsible for the primary historical (and other) research on the building. The contact person should be the person who can be called to provide missing information, information, and documentation or to clear up discrepancies, etc. 7. Historic Ownership: This information is not mandatory for the Colleyville Historical Preservation Society, but is required for a state marker. Include the information if available. 8. Construction and Alteration Dates: Chronologically list the dates and a brief description of the alteration, such as: 1915 - main building, 1930 -west wing, 1950 -new front facade. These dates and changes should be listed. 9. Architects/Contractors Involved (if available): Any individual(s) who influenced the design of the building, material selection or construction technique should be listed. 10-11. Description and Historical Significance: This should be accompanied with photographs or slides of all sides of structures along with any available historic photographs. Include floor plans, plats of property and maps. Section 10 should incorporate the information provided in Sections 7-9 above. Section 11 should incorporate any previous pertinent information and should include the following information (referenced to letter) where applicable: To be eligible for designation, a subject property must be at least fifty (50) years old and/or meet one or more of the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of Colleyville, the State of Texas or the United States. b. Location of the site as a significant historical event. c. Identification with a person or persons who significantly contributed to the culture and development of Colleyville: A historical personage may be judged eligible for historical marking five years after decease. A person shall be deemed eligible for marking on his/her own merits, not on the contention that he/she was a descendent of a historical personage. Eligibility for a marker at a gr'avesite may be determined five years after the subject's decease. d. Portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style. e. Embodiment of distinguishing characteristics of an architectural type. f. Identification with the work of an architect or master builder whose individual work has influenced the development of Colleyville. g. Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. h. Relationship to other distinctive buildings, sites or areas that are eligible for preservation according to a plan based on historic, cultural or architectural motif. i. Unique location of singular physical characteristics represents an established and familiar visual feature of a neighborhood, community or Colleyville. j. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. k. Value as an aspect of community sentiment or public pride. 1. Exemplification of the cultural, economic, social or historical heritage of Colleyville. m. To be judged for historical marking, an institution must have been in existence for at least fifty years. In case of a commemoration for an institution, which was historical, but no longer, exists, the date of its founding should be at least fifty years ago. n. Bibliography: List all reference materials 12. Attachments: If possible, attachments should be in an 8'/2 x 11 format. Historical documents should be photographed and retained by the applicant. The annotations for section 7-11 may be incorporated on the form or may be an attached sheet. 13. Plaque Wording: Self-explanatory. Contacts Dianne McWethy City of Colleyville, Department Colleyville Historical Preservation Committee of Community Development P.O. Box 185 P.O. Box 185 Colleyville, TX 76034 Colleyville, TX 76034 Dee Barker Tarrant County Historical Commission Texas Historical Commission 2200 Oak Knoll Drive P.O. Box 12276 Colleyville, TX 76034 Austin, TX 78711 COLLEYVILLE HISTORICAL PRESERVATION COMMITTEE HISTORIC LANDMARK DESIGNATION FORM 1. Name Historic Land survey And/or common block/lot tract size 2. Location Address Location/Neighborhood 3. Current Zoning 4. Classification Category district building(s) structure site Public Aquistition _ in progress _ being considered Ownership _ public private Present Use agriculture _ commercial education transportation entertainment Status occupied _ unoccupied work in progress government industrial _ military _ museum pazk Accessible yes; restricted _ yes,unrestricted _ no 5. Ownership residence _ religious scientific _ other Current owner: Phone: Address: City State: Zip: 6. Form Preparation Name and Title Organization: Contact Phone: 7. Historic Ownership Original owner: Significant later owner(s): 8. Constructioa dates Original Alterations/ additions 9. Architect/Builder Original construction Alterations/ additions 10. Physical Description Describe present and original (if Down) physical appearance; include style(s) of azchitecture current condition and relationship to surrounding fabric (structures, objects, etc.). Elaborate on pertinent materials used and style(s) of azchitectural detailing, embellishments and site details. 11. Historical Signif3caace Describe the historical significance of the property, include descriptive material, footnotes, and a bibliography. 12. Attachments _ District or site map _ Site plan _ Photos (historic & current) 13. Suggested wording for plaque marker (Must be approved by the Colleyville Historical Preservation Committee). Designatioa Merit A. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Colleyville, State of Texas of the United States. B. Location of the site as a significant historical event. C. Identification with a person or persons who significantly contributed to the culture and development of the city. D. Exemplification of the cultural, economic, social or historical heritage of the city. E. Portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style. F. Embodiment of distinguishing chazacteristics of an architectural type or specimen. G. Identification as the work of an architect or master builder whose individual work has influenced the development of the city. H. Embodiment of elements of azchitectural design, detail, materials or craftsmanship which represent a significant azchitectural innovation. I. Relationship to other distinctive buildings, sites or areas which aze eligible for preservation according to a plan based on historic, cultural or architectural motif. J. Unique location of singulaz physical chazacteristics representing an established and familiaz visual feature of a neighborhood, community or the city. K. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric value. L. Value as an aspect of community sentiment or public pride. Recommendation Chair, Colleyville Historic Preservation Committee Mayor, City of Colleyville ------------------------------- for office use only Date received: Field check date: Survey verified: _yes _no By: Nomination: _ Archaeological _ Structure(s) _ District Site _ Structure & Site CITY COUNCIL (~J Cin' o~ l l w~ ~W Texas AGENDA BRIEFING For mt .: 09!05/00 CMO Approval: Item # 3f Resolution # R-DO-1707 Previous Action: None DEPT. COMMUNITY DEVELOPMENT SUBJECT Approval of a public hearing date for a request by HEB MRI Center to move two modular buildings to 5100 S. H. 121 - by consent Reading and Public Hearing Background HEB MRI Center currently has an office in Bedford, but is proposing to relocate to 5100 S. H. 121. They are requesting permission to move two portable buildings to the site for temporary use as an MRI facility and for office space. The temporary facilities will allow them to continue to operate while renovations are completed at the vacant space next door to the Healthy Approach business. The Code of Ordinances specifies that the City Council must first set the date for holding a public hearing to consider any request to move a modular building into the City. Approval of Resolution R-00-1707 will set the date of September 19, 2000 as the public hearing date to consider this request. Recommendation Approval of a public hearing date of September 19, 2000. CITY MANAGER I'-~1~.~~~ ~. g~.. DEPA M NT HEAD FINANCIAL REVIEW (IF NECESSARY) TO THE CITY SECRETARY, CITY OF COLLEYVILLE, TX: APPLICATION FOR PERMIT TO MOVE A BUILDING OR STRUCTURE INTO THE CITY ~ NAME: HEB MRI Center/Lucas Medical Assoc. ADDRESS: ~ 250 Capita 1 Of Tx Hwy S. #220 PHONE NO.: (817) 267-9500 (817 a 307-4773 2. Whether the building or structure is: (a) To be moved into the cxarporete limits of Colleyville from outside its corporate limits, or (b) To be moved from one location within the corporate limits of Colleyville to another location within its corporate limits. Answer. 2 mobile buildin s moved into the lim s o o eyv e. mo a RI unit 3. Description and size of the house, building or structure to be moved (together with a picture thereof): 1)Mobile MRI unit 8' X 48' 1F?nrtah 1 a nff i re cn~_~ ~ X 66' I 4. Legal description of the lot and the local address upon which the house, building or structure is to be moved or relocated on if a permit is granted by the City Council: Lot 1 Rlnrk '~ Heritage High School Addition ~uiieyv111e, IX /bU.~4 5. A drawing or plot plan showing the dimensions of the lot or tract of land upon which the house, building or structure is to be moved or relocated, and the location of existing buildings or structures upon the lot, if any, together with the location of existing buildings or structures upon adjoining lots. APPLICATION FOR PERMIT CITY OF COLLEYVILLE, TEXAS Page 2 NOTE: Any of the above information may be famished by exhibits attached hereto, and marked exhibit 'A", "B', "C', etc. I am either the owner or authorized to pay the required fee ($15.00) and make this application an behalf of the owner of the property sought to be moved. The payment of the n~quired fee and the filing of this application for permit are to comply with the provisions of Sec 18-33 ilAoving of burldfngs of Ci7y Code, City of Colieyville, TX. Signed: (Applicant) Date of Filing: ~ ~~ jh/ltr/move BLTB.DIIdGS AND BLJII.DII~TG ~GULATIONS f 1P (d) Cooper+aiioa of city o~94cials- The banding official may re- quest, and shall receive so far as may be aecesgary is the dis- charge of his duties, the assi~~~e and cooperation of other offi- cials of the city. (Code 1980, ch. 3. 4 1(G)(2)) Sec. 18.32. 8igbtt of entry for inspections. No Darner or occupant ar any other person having charge, care, or control of any binding or paemises shalt fad or neglect, after proper demand is made as provided is this article, to promptly permit entry therein by the bn~ding ofScial or his authorized representative for the purpose of inspection and e~ramination pur- suant to this article. Any paaoa violatiaa this section shall be gtulty of a misdemeanor. (Code 1980, ch. 3, § 1(G)(IHd)) Sec. 18-33. Marving of buildings. (a) Applicability. Should any provision contained in this sec- tion conflict with any other provision of the building code adopted by referencx is this article or arith any other provision contained in this Code of Ordinances, the most stringent requirement shall: Pm~- (b) Definition. "Modular home or building" as used in this sec- tion means any bw'iding not aided on-site aooept small storage sheds designed to be placed on the rear of residential lots behind as e~dsting residential dwelling and used for storage of tools and other articles normally associated with residential occupancy. (c) No building or ire to be moved into the city without a permit. It shall be unlawful for say person to move into, or in any manner to bring into, the corporate limits of the city any old or used house, any old or used bul7diag or structure, or any assem- bledportion of aayold orusedhouse, budding or structure, or any modular home or building, whether new or used, from outside of the corporate limits of the city for the purpose of placing such house. building, or structure upon say lot or tract of ground for any use or occupancy of any nature whatsoever without first ob- taining a peraut fiom the city council. CD18:I1 ¢ ism col~v>z~ cons (~ permit squired to place old or used house. building or struc- ture upon lot is flit ~'- (1) It shaII be unlawful for any person to move or relocate suy old or used bocce, building; or structure, or auy assembled portion of such house, building; or structure, or any mod- ular home air budding: whether new or used, fi om one lo- cation iathe city to another location, lot, or tract of Land in the city withoat first obtaining a permit therefor from the ~y cottacfi. (2) Any person desiring to move or relocate any old or used house, building, ar stracture from one ]cation in the city to another location, fat, or tract of land in the city shall file as application with the csty secretary requesting that he be permitted to move or relocate a particular house, building; or st:vctias fiom ane location to another location, lot. ar tract of land in the city. Upon the filing of the application, the applicant shall pay the building official the sum of 315.00 to help pay the coat of processing the application for the city cotmcfi and the cast of mafiing notices required by this section. - (3) The appli~tion shall contain the following information: a. Name, address, and telephone cumber of applicant b. Description and size of the house, building, or atruc- tme to be moved; together with a picture thereof. c I~egsl description of the lot and the local address upon which the home, binding: or structure is to be moved or relocated on if a permit is granted by the city council. d. A drawing or plot plea showing the dimensions of the lot or tract of ]sad upon which the house, building, or stricture is to be moved or reiaated and the location of e~atiag buildings or structures upon the lot. if any, together with the location of e~asting buildings or struc- __ _ _ tares upon adjoining lots- (4) Upon the filing of the application, the building official shall investigate the application by inspecting the house. building, or strucbuB to be moved or relocated upon the lot or tract of land and the lot or tract of land upon which the CD18:12 BUII.DII~iG3 AND BiJIIrDIIVG BEGUL?1TIONS § 18.33 house, building; or stcvchire is to be located. He shall th.:.. advise the cdty couaeii as to whether the house, building; or atruct~e meets the requirements of the building code and other applicable aidiaaaces of the city, aced whether ar sot the Iot aced house, building. or structure, if aIIowed to be moved Data the designated lot or tract of laced, would meet all of the requirements of the building code aced other ap- plicable regulations of the city. (51 After receiving the application aced report of the building official. the city caunr~l shall set a date for a public hearing as the application. Public notice of the public hearing shall be sent to owners of real property lying within 300 feet of the let ar track of lead upon which the house, building, ar structure is tD be located, such noticx to be given sot less than bee days before the date set for hearing, to aII such owners who have rendered their property for county taxes as the ownership appears on the last approved county tax rolls. inch notice may be served by depositing the notice, P~P~Y ~ and Postage Paid. in the city post office. (6) After the public hearing on the application under this sec- tion, the city council shaII either grant or deny the request, taking into ooasideratioa the location and size of the l~ upon which the horse, building, or structure is to be Bated, the size aced oonstrnction of the house, building, or structure to be moved, the population density in the area, and the Iocatioa and use of buildings, structures, and Land in the area; Provided, that no request shall be granted if the city council shall find that: a. The house, building, or structure to be moved does not meet cell of the requirements of all applicable ordi- nancxs of the city. b. The lot or tract of land with the house, building, or str~ucziire thereon would sot meet all of the require- ments of the applicable ordinances of the city. c. The house, building, or structure to be moved has de- terioratedmorethan 50 percent of its original value by virtue of fire or by virtue of age or normal wear and tear or other elements. CD18:13 _ 4 ig.~{ COLL.EYVII.LE CdDE d. The moving of sack house, building. or structure upon the lot or tract of Land wotild cause injury to pessons or property or damage to the streets or other public im- provemeats. (~ If the cit'- ooaaccl sbaII Bit the request to move such house, bv~ldiag or stradare, the city- ootinol by resolution shall cause a special permit to be issued authorizing the moving of such house, bn>ldiag or structure upon the Iot or tract of land under each conditions, requirements, or re- atrictions as the csty council shall determine. (8) The b+n'Idiag official of the city shall not issue a cxrtificate ~' occupanry and compliance for the nee of such house, building ar stractsae until it complies with all require- ments of aII applicable ardiasaexs of the city. (e! Softy rcgr~ir,areaitr. (1) No person shaII mave airy house, building, or struchu e over, across, ar along any public street is the city es~cept in accordance with the provisions of chapter 22, article N. of this Code. (2) Evazp house, building or other structure being moved over, across, or along any public street after dark shall be with t lights continuously burning for the pzotectiazl of the pablic. There shaII be a minimum of five red lights placed on each side of the building is such maaaer as to indicate the eztreme width, height, and size of such horse, building, or structure. (3) No house. building, ar other structure shall be parked or left standing for any period of time upon any public street in the city, ezcxpt when is continuous travel upon such public street --- - - - (4) When more than 50 perunt of the street, measured be- twemcurbs, is occupied at ni~tt by the house, building, or other structure, or when, in the opinion of the building official, flagmen sre necessary to direct or caution trafZic, the owner or person moving such house or building shall employ, at his expense, two flagmen to remain continu- G'D18:14 BTJIT.DII~iG3 AND BUII.DII~JG BEGL7LEITIONS ¢ 18-.56 ously with such home ar building while the house or buiId:.ng is upon the public stszets of the city. (fl Faoceptsoris mid exemptions sot rrquir+ed to be ~tegetived. In any complaint and is any action ar proceedings brought for the eaforcemeat of any pz~ovisiaa of this section. it shall not be nec- ~Y ~ ~ ~P~. sae, proviso, or esaemption contained is this section, and the burden of proof of any such ~P~~ tee. Pte. ~ eeemptian shall be upon the defen- dant. (Cade 1980, ch. 3, ~ 1(H)) Croa~ retisaaor-Eoose momma. f 22~I et aaq.; tempoea~- removal of nbl~ television was [or bnilins movat~ f ffi3L Secs. 18.34-18.65. 8~eserved. ASTICLE IIL ELECTRICAL CODE DIVISION L GENERALLY Sec. 18.36. Definitions. The foIIowinB words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this sectior ea~xpt where the context clearly indicates a di$erent meaning, Words used in any regulation ar standard of the National Fire Protection Association used as a standard of good practice shall, if defined therein, have the meanings assigned them. Words rt ~~g ~ InnldiaB and building nse, when not otherwise sepa- rately defined, shaII have meanings which conform to the mean- ings set out in this article and the city's zoning regulations; otherwise, they shall have their usual meanings. APP~~ means aPpr'oved by the office of the chief electrical inspector or the National Fire Protection Association or any equiv- -. _ __. _ - slant or aims-lar orgaaizstian whose approval is signified by a UL Label or its equivalent. ~~~ Pin mesas any individual, firm, or corporation who or which is licensed under the previsions of this article to do the work as permitted under the specific previsions of this article. CD18:15 S~ l4 ~ tr. r ~~~ ~ ~ ~~ M r.:.~lT Y A~pRp..:., r s - ..._ ,. , .--- ____ ] r~~-, ! F -~ ~~ w~~ ~~ ~ ~ r p e ~:~cE s~.~~ ~ ~ - ! UI ~_,~ j, ~~ ~'' ~ U_ ~ ~- -~~~ - _ '. 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"" ~ vii i ~~ ,~ -~ ~-~ 14,1,,.1, ~,~ T~ ~ K~ 00 T r.XT Y w~vRpti;w IfAS~ SP~:~ ~~ ~J ~, ~ c 7= 3~ r_ r CTS' ~- - c L: _ V' ~,: n .~ 16-2000 2136 o~~ ~ ~ D~~ee 4 - s. ~ (~ ~ ~- 66' x 28' Medical Clinic ~ ~ 9•„._ ....: s,, --- 10'3 `~' Break Room/ '•Bootl- ~ / Elam Room . ~, AuQlo Room .'~j Nurses Station, (- ~ 'l ~ tI ;' I % - i ~ -- ~ __ SuPph, Roo,,, .. f Donors Office c: SM{30080-081 66' . t2.... ._.T.. _.... 12' . ..., Exam Room E=om Room i ~.~ \ Recept~on~gencal z .~ i . _ ~..... .. - -- X75-- .. .. 1 3'6 - 3'6- 174 1-- Wood sided. 6hirigle Hoof. vinyl covered gysputn, central heat and eir, handicap restrvom. a exam roorn8 Exam I', N ~~-~ OfticelMVaitirip Room i I _ ... ~ l i T1'5 _ I~~~~ .. ...--- -._I.•-- J r.b~ I i __ . _ .. _._._ __ ~;tn 1 13'1 - , i TOTAL P.OS ,~ cn >.~ C 3~ ~ Z ~,. ~- c 0 U U c :_n +k /_ ~~IV OIIII~Ulllilf-lllll[]~ ~, r:ur Y ti~vRO~:.w 6 _~ .- x 9L LL ~ ~ d Q~ ~ i ` i ~ ~- - A ~~ ~1~= t vsi SaKr ~ \ -- II ~ s 1 - I .__ I ,,~` `~ _ _ ~~ l " ~~ i J ~ ~- ~-- 1.~ I ~ F + i.!' .1 a'lt' `~ v ~1 8 z 8 ~Q CD +_~! W V ~~ ~ ` m C O p lPV ~ ` V am yf'7M L ^ n U m m W U ~ O = y V z g•~ ~pcp 2 Q' O L X „ ,,, m0U ~ti .r .a,~„ .,,. ,, n C Q' . lPf D X N m N_ D N C7 W .` m (/~ N oon N wJ C o,.rnR ,a•.an~e, ..._ .r. .. N i O ~ N ' ~ 1 Z ~ i I i I I ji / ~ f 5 ~ n y f~ ~~IV OIIII~UIIIII~IIIIL]~ r.:l~~ Y ti'p ip,~:~ .O _ O XOCm ~ ~ ~ ~~ e ~ _ ~~ I Li.tS~ Satin ~ ~ ~,~ Li >- r; _~i:= .\ r .., s 0 CITY COUNCIL buy o! n ~~ 1~.,3 AGENDA BRIEFING For mt .: 09/05/00 CMO Approval: Item 3g Resolution # R-00-1707 Previous Action: None DEPT. PUBLIC SERVICES SUBJECT Authorize Sunday Construction for Lone Star Railroad Contractor, Inc. for the purpose of installing a concrete crossing on Bransford Rd. - by Consent Reading and Public Hearing Background The City of Colleyville in an Interlocal Agreement with Tarrant County has been constructing the realigned Bransford Road from Shelton to L.D. Lockett. To complete this project a new railroad crossing has to be installed. On August 15, 2000 the City Council approved a contract with Lone Star Railroad Contractors, Inc. to construct the new concrete crossing on Bransford Road. The only time the Railroad Company, Ft. Worth and Western, will allow construction to proceed is on a Sunday. September 17, 2000 is the scheduled date with October 1, 2000 as the contingency date. The City of Colleyville Code of Ordinances, Section 42-27 (13) Sunday work can only be conducted "by permit from the city council." CITY MANAGER PARTMENT HEAD c. 8. requires that (continued) FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-00-1707 Page 2 Financial Impact None Recommendation Approve Sunday construction for Lone Star Railroad Contractors. Attachments #1 City of Colleyville Code of Ordinances Section 42.27 (13) c. 8. (Paper Copy Only) 42-27 COLLEYVILLE CODE noise, shall disturb the comfort and repose of any person of ordinary sensibilities in the immediate vicinity. 4. Operation of vehicles. The running of any automo- bile, motorcycle, or other vehicle so out of repair, so loaded, or in such manner as to create loud or unnecessary grating, grinding, jarring, or rattling noise or vibrations. 5. Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of time to begin or stop work, or as a warning of danger. 6. Exhaust without mufflers. The discharge into the open air of the exhaust of any steam engine, sta- tionaryinternal combustion engine, motor vehicle or boat engine, except through a muffler or other device which will effectively prevent loud or ex- plosive noises therefrom. 7. Devices operated by compressed air. The use of any mechanical device operated by compressed air, un- -, less the noise to be created is effectively muffled and reduced. 8. Construction work. The erection, including exca- vation, demolition, alteration, or repair work, of any building other than between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday, ex- cept in case of urgent necessity in the interest of public safety and convenience, and then only by permit from the city council, which permit maybe renewed by the council during the time the emer- gency exists. 9. Near schools and hospitals. The creation of any excessive noise on any street adjacent to any school or institution of learning while such school or in- stitution of learning is in session, or adjacent to any hospital, which unreasonably interferes with the working of such institutions, provided conspic- uous signs are displayed in such manner indi- eatingthat the street is a school or hospital street. CD42:8 CITY COUNCIL C~~>' or 1~ Tt[1i AGENDA BRIEFING For mt .: 09!05/00 CMO Approval: Item # 4 Ordinance # 0-00.1232 Previous Action: 08/15!00 DEPT. COMMUNITY DEVELOPMENT SUBJECT A request for private streets and entrance gates for the Shalimar Addition, requested by Mehrdad Moayedi, President of the Shalimar Homeowners Association located on the south side of John McCain Road. Second Reading and Public Hearing First Reading and Public Hearing Background The Shalimar Homeowners Association, represented by John Dees, submitted an application to convert the existing subdivision into a gated community with private streets. Shalimar is located on the south side of John McCain Road, west of Caldwells Creek and Timarron. This application is the first request to convert public streets to private streets under the new regulations adopted in 1998. Chapter 10 of the Colleyville Land Development Code provides regulations and procedures for this type of application. The regulations require that 100% of the neighborhood's homeowners and/or lot owners must participate in the application. Staff rec ved notarized signatures of all property owners in the development. ~~ ~ (L n ~ ~Q-~ n (continued) CITY MANAGER DEPARTI1f9ENT HEAD FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Ordinance 0-00-1232 Page 2 Public hearings must be held before the Planning & Zoning Commission and City Council. Notices of the hearings were also sent to adjacent property owners. The following is an analysis of the major issues associated with this request. Planning Considerations. The regulations provide five planning criteria for the review of a private street request. These criteria are: 1. Streets shown on the adopted Thoroughfare Plan of the City of Colleyville must not be used, maintained or constructed as private streets. 2. A subdivision with private streets and alleys must not impede or cross an existing or proposed street as shown on the City's most recent Thoroughfare Plan or approved preliminary or final plats. 3. A subdivision with private streets and alleys must not disrupt or disconnect an existing or proposed City of Colleyville public pedestrian pathway, hike and bike trail, or park as shown on the City's most recent Park Plan. 4. The perimeter of a subdivision with private streets and alleys must include a minimum of eighty (80) feet of contiguous frontage upon a public street. 5. The proposed subdivision with private streets must be zoned for residential purposes in accordance with the Colleyville Land Development Code, and contain twenty (20) single-family lots or greater. The application meets all these technical requirements. Trail Access. There was some initial concern from staff that approval of the request would disrupt access to a future hike and bike trail (item 3 above). A 20-foot wide pedestrian access easement is located between Lots 16 and 17, as shown in Exhibit A, which provides access to the future Cottonbelt Trail. The Cottonbelt Trail is a public hike and bike trail adjacent to the railroad that spans several cities in the Northeast Tarrant region, generally connecting Grapevine and downtown Fort Worth. The trail is in the design stage at this time. Converting the public streets to private streets would disrupt this access to the public trail. The City Council recently abandoned six pedestrian easements in the Caldwells Creek subdivision east of Shalimar. Further east, in the Villas of Caldwells Creek subdivision, there is no pedestrian access to the Cottonbelt Trail as this development is also a gated community. The nearest pedestrian access to the trail for this area would be the intersection of John McCain Road and the railroad, almost one mile to the east. Agenda Briefing Ordinance 0-00-1232 Page 3 The Shalimar HOA has agreed to provide an unsecured pedestrian gate at the entrance on John McCain Road to allow pedestrian access into the area and thus to the trail system. The pedestrian entrance would be located on either the east or west side of the entrance gates. There is an existing sidewalk located in the large median on Shalimar Court. The sidewalk runs the entire length of the street. There is not a sidewalk in the easement that connects to the trail area, and the Cottonbelt Trait has not been constructed at this time. Public Access Considerations. The City Council may deny a request for a subdivision with private streets if in its judgment the private streets would negatively affect traffic circulation on public streets, impair access to properties or future developments that are either on-site or off-site to the subdivision, impair access to or from public facilities such as schools, parks and libraries, etc., or delay the response time of emergency vehicles. The HOA has been advised that obstructions such as gates across street entrances would restrict emergency service personnel when responding to an emergency. It is possible that these obstructions will cause a slight increase in response time because the gates will have to be opened either electronically or manually. Street Design. All private streets must conform to the same standards of public streets. This subdivision currently has public streets, and the streets were constructed in accordance to City standards at the time the subdivision was developed. Homeowners Association Requirements. A subdivision with private streets and entrance gates is required to have a Homeowners Association (HOA). The HOA has agreed to include language required by Chapter 10 in their covenants and restrictions. This language is also included in the proposed ordinance. The HOA is responsible for the maintenance of the private streets, gates and drainage system. If the request is approved, the City has no obligation to maintain the private streets and drainage systems. The HOA must establish a reserve fund for the maintenance and reconstruction of the private streets. The annual contribution to the reserve fund must be a minimum of $75 per lot. The HOA must submit a copy of the reserve fund statement to the City no later than January 31ST each year. The HOA documents must also contain language holding the City harmless from and against all claims and suits arising out of the use of the private streets and other items. This language is also included in the proposed ordinance. Agenda Briefing Ordinance 0-00-1232 Page 4 Private Street Lot. The right-of--way being vacated for the private street will be retained as a separate lot owned by the HOA. This lot would include the main street in the subdivision. A small street stub on the west side of the development is also proposed to be vacated and incorporated into the adjacent lots. This arrangement was approved as part of the plat of the subdivision. Exhibit C shows the private street lot and the street stub. At the July 24 Planning 8~ Zoning Commission meeting, there were several questions about the small street stub and its ultimate use to provide access and circulation into the adjacent property to the west. It was determined that the vacant tracts to the west are sufficiently large enough to develop without any circulation problems that would require this small street stub. The Fire Department is not opposed to the removal of this street stub. The private street lot will also be covered by an easement granted to the City providing unrestricted use of the property for utilities and the maintenance of those utilities. The ordinance granting the private streets includes the designation of the streets as an access, drainage and utility easement, and the ordinance will be recorded with the Tarrant County Clerk's office. Entrance Design Standards. The design of the gates appears to be in general conformity to the regulations. The gates must include an Opticom system with a Knox box backup system for emergency vehicle use. A copy of the gate locations is attached as Exhibit D. The applicant has addressed all DRC comments. Staff recommends approval of the request as it complies with the technical requirements of Chapter 10 of the Colleyville Land Development Code. The Planning & Zoning Commission conducted a public hearing and considered this zoning change request at its July 24, 2000 meeting and recommended approval of the request by a 4-1 vote (Edwards opposed). Recommendation Approval of Ordinance 0-00-1232. Agenda Briefing Ordinance 0-00-1232 Page 5 Attachments ^ Pedestrian Access Easement ^ Location of Street Lots ^ Gate Locations ^ DRC Letter ^ HOA Response Letter ^ Planning 8~ Zoning Commission minutes Pedestrian Access Easement IT ~ O.'J.'!0 11C V ~ i $ s~c+sr~ ~~ *~. ©~~ ~- ~ ' 39.19 ~ ` % ~~ t ,~~ ,~ ~ ~ ~ ~ 1' 0 d33 AC ~ 2o.n' ~~s~nA~ ._ AGGESS EASEMENT (Td BE NtA1NTJlfMEp ~Q 8r HaMEaw+v~Rs ASSt~CtAtit7N) !~ ~ _r1l ,t 0401 AC - `~ ~~ 14 ~~ 1~Tt~l TY ~ ~ ___ a4rs ~c s~ i ~ 5~ -- ~g ~ ,~ ~ ~-. 0.472 AC . `~. (~ f ,.~ A~ ~,1 BLOCK I rH~. 1 /2' I.P. t, , ~ • '~ ., a3 'ter' ~f /~~ ER~~ a~ 104 ~~ - Location of Street Lots Rio --- ,o.s:~ ~tocX ~' ~ .~c ~~~' '- _ _ ,. ,~.. Poi ~oa~ ~ ~_. v ~~ V ` -•- l ~~ ~~ 1 ~ Q ti a ~ ~~ ~u ~~ o ~ f v ~ ..._ h i i ~ ~~ ~ i~ k ~ ~ ~ ~: O, e, v ~~ ... ~ 4 ?5. ~ C u . ~ cz° ~, y 850 ~q. ?~ O 0.20x5 a c r~3 'Np 2~. a ,, v ._ Q Gate Locations JOHN ~cCA1N ROAD I I N., Joao ~ t ~ r I EX/STING ~JCISTING WROUGHT {{ 1 •4 WROUGHT JJtI?W i t "b. /RON dr i-~ASONJ7Y 1 JENCF ! FENCE .~ - T \ - PROPOSE OPOSED ~ SLt01NG SUAING t GATE G1tTE / GaTE co~vrROUFR ~ I HOUSING ~ I I I I I ~ ~ I i ~ i I I ~ DRC Letter Crnr of Cou~~rviu~ COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COI~iIMITTEE DATE July 7.2000 FAX TO John Dees FAX NO (817) 421-238 FROM Clayton Husband. AICP, Development Coordinator SUB,JEt:T P-0U-U50 Shalimar Addition-Request f'or Private Gated Conununity Tate Colley~~ille Development Review Committee (DRC) has reviewed your request submitted to this office on June 16, 2000. The following comments are for your consideration. GENERAL INFORMATION This request was reviewed in ac;cordanee with Chapter 1 U of the Colleyville Land llevelopment Code. All comments listed below are haled on tltc requirements of this Chapter. It is reconunended that the Homeowners Association (HOA) become familiar wtitlt the requirements and responsibiliries of'thix Chapter. l . According to the regulations. a subdivision with private streets must not disrupt or disconnect an existing or proposed public pedestrian pathwa}, hike and bike trail, or Rack. The Shalimar plat includes a 20-foot pedestrilut access easement between Lott 16 and 17 that provides access to the future Cottonbrlt Trail. Converting this subdivision to a gated community will disrupt this access to the public trail. Staff will recommend denial of the request due to this technical issue. ?. The HUA documents must indicate that the streets and drainage systems in the development are privately owned and maintained by the Association, and that the City has no obligation to maintain the private streets and drainage systems. The I-IUA documents must also contain language holding the City harmless from and seainst all claims and suits arising out of the use of the private streets and other items. A copy of this and other language tltttt must he referenced in the documents is included in this memo as "Conditions of Approval." 3. The HOA must establish a reserve fund for the maintenance and reconstruction of the private stmts. The annual contribution to the reserve fund must be a minimum of S75 per lot. The 1IOA must submit to the City n copy of the reserve fund statement no later than January 31" each year. 4. The City Attorney must revie~~• the HOA documents to ensure that they conform to the requirements of Chapter I U of the Land Development Code. A copy of the documents must P.O. Box 185 - COLLEWILLE. TEws 76034 - 8 1 7.577.7587 DRC Letter DEVELOPMENT REVIEW COMMITTEE P-00-050 SHAUMAR PRNATE STREETS be submitted for review. The developer is responsible for paying for the cost of the Cit~• Attorney's review of the documents. 5. The right-of--way being vacated for the prn•ate street must be retained as a separate lot o„red by the HOA. T7te lot must also be covered by an easement granted to the City providing unrestricted use of the property for utilities and the maintenance of those utilities. The resolution or ordinance granting the private streets will include the designation of the streets as an access, drainage and utility easement. 6. The desi~l of the gates appears to be in general conformity to the regulations. The gates must include an Opticom system with a Knox box backup system. 7. The HOA should be advised that obstructions such as gates across street entrances would restrict emergency service personnel when rsspondittg to an emergency. It is possible that these obstructionst will cause a slight increase in response time because the gates will have to be opened either electronically or manually. PUBLIC HEARING 5CHEDULE Planning & Zoning Commission: Monday, July 24, 2000, 7:00 p.m. City Council: Tuesday, August 15, 2000.7:30 p.m. RESUBMITTAL REQUIREMENTS Please submit the following to our offices: ^ 2 copies of the Homeowners Association documents and restrictions • a written letter addressing each comment stating the comment has been acknowledged or addressed, or offering reasons w•hy the requirement should be modified or waived The above requested items must be submitted no later than Wednesday, July 19. 2000 in order to make the scheduled hearings. Please call me il'you have any questions. C: CHOYCE MORROW, PE, ENGINEERING i CHRIS STEUBING, ENGINEERING ~ KERN FISI~R, ENGINEERING RED BAILEY, FIRE DEPARTMENT I BOB YOUNGER, BU0.DING INSPECTION KELLY FIONIEI.L, PUBLIC WORKS MIKE SORB, ECONOMIC DEVELOPMENT DIANNE MCWETHY, CRY MANAGER'S OFFICE PAGE 2 OF 4 HOA Response Letter vIARHOMEOWNERS' ASSOCIATION Date: 7'18,'_'CK~ To: Cla}ton Husband, AICP, , Developemental Cooridinator From: Shalimar Homeowners' Assocoation RE P-fr,:--C)SU Sha~imar riddition-Request for Private Gated Community 1 The Shalimar tiOA agrees, in order to obtain Cit}• Staff suppoti in our request for a privata gated communit}•, on the technical issue, not to secure the pedestrian. gau in the front of the subdivision facing John ~icCam Road, allowing access to the Cottonbelt. Croon aprroval of the petition by the City, the HUA agrees to modify the Shalimar Covenant and Restrictions documents to indicate the streeu and drai,-ragc s}stem within the development will be pnvauly owned and the maintenance of them is the responsi5ility of the HOA. 3. In addition the HC~A documents will oe revised to establish a reserve fund for the maintenance of the streets and the drainage facilities as per C'iry• ordinance C~-9R-1105. 4. Agree to reimburse the City Attorney for reviewing any documents 5. Agreed es requested by the City. 6. The entrance will be equipped with the Opticom gals openir~ s}•stem and will be mair_tained by the HOA. 7. HOA under5tan3s anc: agrees. ~ ~~~~~~ Enclosures ; JUL 1 9 2000 BY CO MlINITY p~llELOPI~g~N7 -.____ Planning & Zoning Commission minutes PUBLIC HEARING - A Request For Private Streets and Entrance Gates for the Shalimar Addition, requested by Mehrdad Moayedi, President of the Shalimar Homeowners' Association located on the south side of John McCain Road. Case P-00- 050 Clayton Husband presented the case to the Commission. He said that the applicant meets all of the technical requirements of the Land Development Code regulations for privatization of streets. Commissioner Fletcher said that the Commission went to great lengths to stub out a street into the adjoining property and one of the reasons was the number of lots on a cul-de-sac. He said that if the stub out was eliminated, the property to the west would have a similar situation and become a long narrow subdivision and face similar problems. Commissioner Edwards said that she is beginning to see the effects of giving away public access. She said that there is no place to park on John McCain Road if someone wanted to park their car and walk through the subdivision to access the trail system. She said that the trail system is greatly suffering since Raman Chandler did not give access from Caldwell's Creek. Chairman Hart opened the public hearing. Those present wishing to speak were: Anna Khallil, 7005 Shalimar Court, said that they plan to have a gate for people to walk through to gain access to the trail system. She said that they received a 100% vote of the homeowners to privatize the streets. She said that the stub out was only and easement and no one anticipated that the property would ever develop as a street. She said that they should not be penalized for the property to the west. She said that people that live outside the addition should not be allowed to drive into Shalimar and park to use the trail system because they do not have wide enough streets to allow parking. She said that they will maintain the public easement. Harry Lee, 6909 Shalimar Court, said that they were the first homeowners to move into Shalimar and they were advised in the beginning that the subdivision would have private gates and private streets. He said that they were not aware of the parkway and access requirements and cars would park in front of the open spaces and limit the use of the community areas for the residents in Shalimar. He said that there are many children in the neighborhood and they don't have to worry about them crossing the street to use the common medium and community areas. Monique Kusman, 6905 Shalimar Court, said that she has two small children who can play in the front yard and there is not a lot of room for cars to park on the streets. She said that they will provide a gate at the front and back of the addition and should not be required to become the parking lot for the trail system. Charley Slocum, 6821 Shalimar Court, said that he was surprised by the stub out and he was told that Shalimar would be private streets. He said that he has no problem with the public access and walkway. He said that he supports a gated community. Mr. Husband told the Commission that it was never intended to have vehicles access the subdivision and park within the subdivision. He said that the City may consider the possibility of providing some public parking spaces in the parks along the trail system. Mark Lamkin, 7000 Shalimar Court, said that gates will hopefully eliminate some fast driving within the subdivision. He said that gates will offer safety for families and children and prevent solicitors. He said that he has never seen so many people living in a subdivision agree on the something and then write checks to support the cause. He said that the neighborhood is very unified and it is a wonderful place to five. Anna Khalil said that the gates would be open from 7:00 a.m. to 7:00 p.m. Steve Parsons, 7016 Shalimar Court, said that he owns one of the lots with the stub out next to his. He said that when he witnessed the unity of the people living in the subdivision, he wanted to live there. John Dees, 7200 Maranatha Court, said that he was assisting homeowners with their request for a gated subdivision with private streets. He said that when the property was zoned and platted, regulations were not in place to allow private streets. He said that the subdivision was designed for gates and private streets and they were told that they could request them once the regulations were established. He said that they are requesting them with a good faith effort. Mr. Dees said that the Street Department does not allow parking along the center median to help facilitate emergency vehicle response. He said that the stub out was put in place by the City Council for future development of property to the west. He said that the utilities were located in the center median. Mr. Dees said that the developer has made any potential homeowner aware of the requirements for obtaining private streets. Commissioner Fletcher complimented Mr. Dees on the finished product. He said that restricting access to pedestrian traffic only is not a problem for him. He engaged the staff in discussion about the sub out. Commissioner Edwards asked if there was a specific date that the stub out would be abandoned by the note on the plat. Staff responded that there was not. Commissioner Hill said that he is in favor of granting the request with the inclusion of pedestrian access. Commissioner Hill moved to approve the request for private gates and private streets for Shalimar as stated in the application. Commissioner Fletcher seconded the motion. Commissioner Fletcher moved to amend the motion to include Exhibit A and Exhibit Band a condition that the stub out be eliminated with the escrowed money ($10,000 per the John Dees) reverting to the highway escrow fund. Staff said that they will need to research the amount of money escrowed for the future development of the stub out street and they will need to abide by the agreement. Commissioner Hill said that they money was not escrowed for the purpose stated in the motion and he does not want to consider reverting the escrowed funds to the general funds. Commissioner Fletcher said that the property to the west needs to be developed as 35 acres, not as a long narrow portion of only one parcel. Commissioner Fletcher said that he would forego his amendment to the motion. Commissioner Fletcher amended the original motion by Commissioner Hill to include Exhibits A and B and the stub out revert to the property owners and include Exhibits C ~ D if helpful. The vote being: Ayes: Collins, Fletcher Noes: Edwards, Hill, Hart [Per the Charter, it requires four votes to take action on an item -the motion did not pass.] Commissioner Hill moved to approve the request for private gates and private streets for Shalimar as recommended by Staff. Chairman Hart seconded the motion and amended the motion to include a statement that the stub out would revert back to the homeowners. The vote being: Ayes: Collins, Fletcher, Hill, Hart Noes: Edwards ORDINANCE 0-00-1232 AN ORDINANCE AUTHORIZING PRIVATE STREETS AND ENTRANCE GATES FOR SHALIMAR ADDITION AND VACATING THE RIGHT-OF-WAY OF SHALIMAR COURT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION WHEREAS, an application for private streets and entrance gates for the Shalimar Addition was filed by John Dees on June 16, 2000, under Case Number P-00-050; and WHEREAS, Chapter 10 of the Colleyville Land Development Code establishes procedures and requirements for the consideration of requests for private streets and entrance gates; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, as a home rule municipal corporation, the City of Colleyville has the power to close and abandon public roadways; and WHEREAS, the City Council of the City of Colleyville deems it is in the best interest of the residents of the City to close and abandon the Shalimar streets and associated drainage structures within the city limits of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request for private streets and entrance gates for the Shalimar Addition is hereby approved, subject to the following conditions: 1. ABANDONMENT OF STREETS a. Shalimar Court and its associated drainage structures, as specifically described in Exhibit A, attached hereto, is hereby closed and abandoned as a public roadway to the Shalimar Homeowners Association. b. The unnamed street stub and its associated drainage structures located on the west side of Shalimar Court, as specifically described in Exhibit B, attached hereto, is hereby closed and abandoned as a public right-of-way equally to the adjacent lots. Ordinance 0-00-1232 Page 2 of 6 2. EASEMENTS AND RIGHT OF ACCESS a. The abandoned right-of-way for Shalimar Court, described in Exhibit A, is specifically retained as an access, drainage and utility easement, and as a public access easement between John McCain Road and the Cottonbelt Trail. b. All water lines and sanitary sewer lines shall remain dedicated to the City. c. Any governmental or public utility entities, including the City, shall have the right at all times of ingress and egress to and from and upon the access, drainage and utility easements in the Shalimar Addition for the purpose of construction, reconstruction, inspection, patrolling, maintaining, and adding to or removing all or part of its respective systems, or any purpose related to the exercise of a governmental service or function, including but not limited to, fire and police protection, inspection and code enforcement, and maintenance of City utilities or franchise utility infrastructure. 3. ENTRY GATES AND PEDESTRIAN ACCESS a. Entry gates shall be installed in general accordance with the locations shown in Exhibit C. The entry gates shall include an Opticom system with Knox box backup system, or other system approved by the Fire Chief, for emergency vehicle use. b. A pedestrian access gate shall be provided at the entry to the development. This pedestrian access gate shall be unsecured and open at all times to provide public access for the Cottonbelt Trail system. 4. GENERAL CONDITIONS a. The abandoned right-of-way of Shalimar Court, described in Exhibit A, shall be owned as a single separate parcel by the Homeowners Association. Said right-of--way shall not be transferred to individual lot owners in the Addition. Ordinance 0-00-1232 Page 3 of 6 b. The abandoned right-of-way of the unnamed street stub, described in Exhibit B, may be incorporated in the adjacent lots upon approval of a subdivision plat by the City. The abandoned right-of-way shall be split equally between the two adjacent lots. c. The landowners and any subsequent owners of lots (the "Lot Owners"), jointly and severally, shall be responsible and liable for the construction, operation and maintenance of any private common areas or facilities in the Shalimar Addition (the "Addition"), including but not limited to private streets, private entrance gates or structures, private walls and fences, private pedestrian access, private storm drainage systems, private lake, private open space and landscaping, and emergency access. d. The City of Colleyville, Texas (the City) shall not be responsible for maintaining any of the aforementioned private common areas or facilities. The City will maintain only the public water and sewer systems in utility easements accepted by the City. e. The HOA, lot owners, and landowners shall not seek maintenance from the City except for the aforementioned public water and sewer systems in utility easements accepted by the City. f. The HOA shall establish a reserve fund for the maintenance and reconstruction of the private streets, drainage facilities and related appurtenances. The reserve fund shall be accounted for separately from other funds maintained for annual operating expenses of the association in order to better demonstrate that the amounts deposited therein are intended for capital improvements. The HOA shall, no later than January 315 of each year, submit to the City a copy of the reserve fund statement for the preceding calendar year. The annual contribution to the reserve fund shall be a minimum of $75.00 per lot, or as otherwise determined by the City Council. The City shall have authority to inspect all streets, drainage facilities, and related appurtenances on a periodic basis to determine the need for repairs to these capital facilities. The City requires that the HOA employ an engineering firm to estimate the cost of replacement based on inflation, original design and construction and the age of the facilities. The HOA shall repair all drainage and street facilities when instructed to do so by the City, subject to Ordinance 0-00-1232 Page 4 of 6 appeal to the City Council. Failure by the HOA to make repairs to streets or drainage facilities which impact drainage up or downstream from the development may result in the completion of needed repairs by the City with an assessment. of all costs plus interest accrued from the time the City installs the improvements until all funds are collected. HOA documents must detail this City authority and shall not be amended without City approval. g. Except for private storm drainage systems, private streets and related entrance gates or structures that are approved by the City, no buildings, fences, structures, trees, shrubs, or other improvements or growths shall be constructed or placed upon, or across said public utility easements. Any public utility entity, including the City, shall have the right to remove and keep removed all or parts of any buildings, fences, structures, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with its respective systems within said utility easements. h. The City shall have the right at all times to remove and keep removed any vehicle or obstacle that impairs emergency access in the emergency access easements shown herein. If the HOA or lot owners fail to maintain reliable access to any public utility or governmental entities for purposes stated hereinabove, the City may enter the Addition and remove any entrance gate or structure which is a barrier to access at the sole expense of the HOA or lot owners on a pro-rata share formula. j. The construction, reconstruction or repair of any private streets within the Addition must meet the approval of the City Engineer and comply with the specifications of the City for public streets at the time of construction, reconstruction or repair. The construction, reconstruction or repair of any entrance gate and structure for the Addition must meet the approval of the Engineering Department and Fire Department of the City. k. The installation or replacement of all traffic regulatory signs along the private streets must conform to the Texas Manual of Uniform Traffic Control Devices. Ordinance 0-00-1232 Page 5 of 6 I. The HOA and lot owners agree to release, indemnify, defend and hold harmless the City, its officers, agents, licensees, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly: a) the reasonable use of the private streets, emergency access, utility easements, entrance gate or structure by the City, its officers, agents, licensees, servants and employees; b) the condition of the private streets, private entrance gates or structures, private walls and fences, private pedestrian access, private storm drainage systems and emergency access; or c) any use of the Addition by the City, its officers, agents, licensees, servants and employees for any purpose stated hereinabove, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of the City. The HOA shall be responsible for carrying liability insurance to meet the requirements in this paragraph. Sec. 2. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in 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. Sec. 3. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2000. The second reading and public hearing being conducted on the day of 2000. Ordinance 0-00-1232 Page 6 of 6 ATTEST: CITY OF COLLEYVILLE: Jean Harris, TRMC, CMC Donna Arp City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Exhibit A -Shalimar Court ~ Rio --- .a.e ~ '` ~3LOCX ~~ ~- CJG sl_P _ ~ i ~~cg» ioo~ ... J~ o~ v ` ... a o~ ~ ~~ Q ti . -. ~y o ~~ v ~ ~ ... .. ~ ~ ~ ... ~' I _~ Exhibit A -Shalimar Court BEING a 3.2422 acre tract of land out of the H. Hughes Survey, Abstract No.656, Tarrant County, Texas, and being a part of Shalimar Addition an addition to the City of Colleyville, Texas, as recorded in Cabinet A, Slide 3974 of the Deed Records of Tarrant County, Texas, said tract being more particularly described as follows: BEGINNING at a point for a corner in the east right-of--way line of Shalimar Court (100 feet wide) said point being southerly 82.84 feet from the south right-of-way line of John McCain Road (variable width), said point also being in the west line of Lot 1, Block 1, of the above said Shalimar Addition, said point being in a circular curve to the left having a radius of 60.00 feet; THENCE Southwesterly to Southeasterly, and continuing along the above said east line of Shalimar Court, through a central angle of 41 ° 24' 35", a chord bearing of S 20° 21' 30" W, an arc distance of 43.36 feet to the point of tangency; THENCE S 0° 20' 48" E, continuing along the above said east line of Shalimar Court, 1329.63 feet to the beginning of a circular curve to the right having a radius of 50.00 feet; THENCE Southeasterly to Northwesterly, continuing along the above said east line of Shalimar Court and to the west right-of--way line of Shalimar Court, through a central angle of 180° 00' 00", a chord bearing of S 89° 39' 12" W, an arc distance of 157.08 feet to the point of tangency; THENCE N 0° 20' 48" W, along the above said west line of Shalimar Court, 1329.63 feet to the beginning of a circular curve to the left having a radius of 60.00 feet; THENCE Northwesterly, continuing along the above said west line of Shalimar Court and with above said circular curve to the left through a central angle of 41 ° 24' 35", a chord bearing of N 21 ° 03' 06" W, an arc distance of 43.36 feet to a point for a corner; THENCE N 89° 39' 12" E, 130.00 feet to the POINT OF BEGINNING and CONTAINING 141,233 square feet or 3.2422 acres of land. Exhibit B -Unnamed Street Stub v R ~ • f~ ~ ~i o~ » O ``. ... ~ Q Q ~`,. 25. ~ C Q ti .,.~9 / . ~ F ~ ~ ~ S'Ow •q. !'~ . O D. 2045 a c r~3 ~A.p 50 / V / u' 24. o n ~ v _ Q BEING a 0.2045 acre tract of land out of the H. Hughes Survey, Abstract No.656, Tarrant County, Texas, and being a part of Shalimar Addition an addition to the .City of Colleyville, Texas, as recorded in Cabinet A, Slide 3974 of the Deed Records of Tarrant County, Texas, said tract being more particularly described as follows: BEGINNING at a point for a corner in the west right-of-way line of Shalimar Court (100 feet wide) said point being southerly 755.88 feet from the south right-of-way line of John McCain Road (variable width), said point also being the southeast corner of Lot 25, Block 1 of the above said Shalimar Addition; THENCE S 0° 20' 48" E, along the projected west line of Shalimar Court, 50.00 feet to a point for a comer, said point being the northeast comer of Lot 24 of above said Shalimar Addition; THENCE S 89° 39' 12" W, along the north line of above said Lot 24, 178.18 feet to a point for a comer in the east line of a tract of land as conveyed to Joe V. Tirk, as recorded in Volume 4487, Page 994 of the Deed Records of Tarrant County, Texas, said point also being the northwest corner of said Lot 24; THENCE N 0° 20' 48" W, along the above said east line of the Tirk tract, 50.00 feet to a point for a comer, said point being the southwest corner of above referenced Lot 25 of Shalimar Addition; THENCE N 89° 39' 12" E, along the south line of above said Lot 25 of Shalimar Addition, 178.18 feet to the POINT OF BEGINNING and CONTAINING 8,909 square feet or 0.2045 acres of land. Exhibit C -Location of Entrance Gates JOHN McCAIN ROAD ~'Q' ~~ , Q~ `'~~ t ~ 1 KEYPnD , ~ ~ / E t Eztsnrvc waouc-+r ~ .P ~roucrn >RO~ ~,_ rRQ+v 8 wt50NRv FFNCE 1 FEtVCf 1 _T \ / T \ PROPOSE t ~ SLtpnVG 5E~ SUpNG ~ ~. ti ,^~tF ~ CnTE ~~ ~ ~ ~o~~ ~~ I i • I I CITY COUNCIL (~ Ci~r ~~ '. n ~.'~i TPSa> AGENDA BRIEFING For mt .: 09/05/00 CMO Approval: Item # 5 Ordinance # 0-00.1234 Previous Action: 08/15/00 DEPT. PUBLIC SERVICES SUBJECT Approval of a contract between the City of Colleyville and The Village at Colleyville for public improvements Second Reading and Public Hearing First Reading and Public Hearing Background The State of Texas Local Government Code, Subchapter C. Developer Participation in Contract for Public Improvements provides for a method for "a municipality with 5,000 or more inhabitants" to construct public improvements "without complying with the competitive sealed bidding procedure of Chapter 252". This allows the municipality to take advantage of both a developer's contract prices and timing/coordination of the construction. This Subchapter does require that "the contract must establish the limit of participation by the municipality .... as determined by municipal ordinance." Colleyville has entered into a Tax Increment Finance Agreement (TIF) and a Developer Agreement with the developer of The Village at Colleyville. Council's approval of Ordinance 0-00- 1234 places the already approved City participation in the construction cost in the correct form. (continued) Y CITY MANAGER ARTMEN HEAD NCIAL REVIEW (IF NECESSARY) Agenda Briefing Ordinance 0-00-1234 Page 2 Financial Impact The Local Government Code, Subchapter C., paragraph 212.072 requires: (a) Under the contract, the developer shall construct the improvements and the municipality shall participate in their cost. (b) The contract must establish the limit of participation by the municipality at a level not to exceed 30 percent of the total contract price. In addition, the contract may also allow participation by the municipality at a level not to exceed 100 percent of the total cost for any oversizing of improvements required by the municipality, including but not limited to increased capacity of improvements to anticipate other future development in the area. The developer, Village Monticello Partners, Ltd. Village Management, LLC, will construct all of the improvements. The total cost of their contract for the improvements is $3,228,129.69. Therefore, the 30 percent maximum participation by the City is $968,438.90. In the Citv-Developer Agreement for The Village at Colleyville the following numbered items from the agreement relate to construction costs for the City: 3. City agrees to contribute $210,000 toward the construction costs of the parking lot on Lot 4R, Block 1. 4. City agrees to pay Developer for the oversizing cost between an 8-inch water line and a 12-inch water line. The cost to the City is $18,052.50. 5. City agrees to pay Developer the cost for utility improvements performed along the Chase Bank property for re-locating of an 8-inch water line and an 8-inch sanitary sewer line. The cost to the City is $35,667.00. Therefore, the total cost to the City in the Developer Agreement is $263,719.50, which is 8% of the total contract cost. Recommendation Approval of Ordinance 0-00-1234. ORDINANCE 0-00-1234 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 Govemment Code, State of Texas; and WHEREAS, The City of Colleyville and Developer have entered into aCity-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 Developer shall construct the improvements and the City shall participate in their cost. Sec. 2. THAT the City's total cost participation ($263,719.50) does not exceed thirty percent (30°~) of the total contract price. Sec. 3. 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. Sec. 4. 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. Sec. 5. 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. Sec. 6. THAT all of the Developer's books and other records related to the project shall be available for inspection by the City. Ordinance 0-00-12'" Page 2 c AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2000. The second reading and public hearing being conducted on the day of 2000. ATTEST: Jean Harris, CMC City Secretary CITY OF COLLEYVILLE Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney CITY COUNCIL [iq' o~ ~~ 1~ ~«,; AGENDA BRIEFING For mt .: 09/05/00 CMO Approval: Item # 6 Ordinance # 0-00-1235 Previous Action: 08/15/00 DEPT. POLICE SUBJECT Replacing Ordinance 0-94-958, "curfew hours for minors", amending Chapter 62, Article II and adding Section 62-41, Review of Juvenile Curfew Order or Ordinance Second Reading and Public Hearing First Reading and Public Hearing Background The City of Colleyville adopted a "juvenile curfew ordinance" on August 16, 1994. On May 31, 1995 the 74~' Legislature added by Acts 1995 a review requirement for general- law and home-rule cities. The Local Government Code mandates cities to review the ordinance before the third anniversary of the date of adoption of the juvenile curfew ordinance and every third year thereafter. This ordinance will establish the review requirements and criteria outlined in the Local Govemment Code, Sec. 370.002. Since the inception of the original ordinance in 1995, it has been an effective tool for proactive-preventative measures. This includes efforts to continue to reduce juvenile (continued) C CITY MANAGER D THE FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Ordinance 0-00-1235 Page 2 of 2 crime as well as preventing juveniles from becoming victims of crime. Four of the seven cities that surround Colleyville (Bedford, Hurst, NRH and Euless) have existing curfew ordinances that are actively enforced. The three remaining cities Southlake, Keller and Grapevine do not have curfew ordinances, Southlake and Grapevine have indicated that they need to implement a curfew ordinance. Financial Impact None Recommendation Approval of Ordinance 0-00-1235. Attachments See Ordinance 0-94-958 (paper attachment) See Local Government Code (paper attachment) Local Government C;ooe - l,napter 37u http:~icap~to~.uc.state.oU.usstatutes cues wuvv ~ ~:., Local Government Code CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO MUNICIPAL AND COUNTY HEALTH AND PUBLIC SAFETY Sec. 370.001. Health Contracts in Border Municipalities or Counties. The governing body of a municipality or county that has a boundary that is contiguous with the border between this state and the Republic of Mexico may contract with a border municipality or state in the Republic of Mexico to provide or receive health services. Added by Acts 1991, 72nd Leg., ch. 769, Sec. 1, eff. Aug. 26, 1991. Sec. 370.002. Review of Juvenile Curfew Order or Ordinance. (a) Before the third anniversary of the date of adoption of a juvenile curfew ordinance by a general-law municipality or a home-rule municipality or an order of a county commissioners court, and every third year thereafter, the governing body of the general-law municipality or home-rule municipality or the commissioners court of the county shall: (1) review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy; (2) conduct public hearings on the need to continue the ordinance or order; and (3) abolish, continue, or modify the ordinance or order. (b) Failure to act in accordance with Subsections (a)(1)-(3) shall cause the ordinance or order to expire. Added by Acts 1995, 74th Leg., ch. 262, Sec. 96, eff. May 31, 1995. Sec. 370.003. Municipal or County Policy Regarding Enforcement of Drug Laws. The governing body of a municipality, the commissioners court _ of a county, or a sheriff, municipal police department, municipal attorney, county attorney, district attorney, or criminal district attorney may not adopt a policy under which the entity will not fully enforce laws relating to drugs, including Chapters 481 and 483, Health and Safety Code, and federal law. Added by Acts 1997, 75th Leg., ch. 971, Sec. 1, eff. Sept. 1, 1997 . of 1 5/24/00 1:40 PM __ _. ORDINANCE NO. 0-94-958 AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY CODE, ORDINANCE 0-93-918, "OFFENSES AND NUISANCES" BY ADDING SECTION 7, "CURFEW HOURS FOR MINORS"; ESTABLISHING CURFEW HOURS, PROVIDING FOR EXCEPTIONS AND DEFENSES, ADOPTING ENFORCEMENT PROCEDURES, ESTABLISHING A PENALTY AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Colleyville desires to reduce juvenile crime and victimization, while promoting juvenile safety and well being. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCII. OF THE CITY OF COLLEYVII.LE, TEXAS AS FOLLOWS: Sec. 1: That Chapter 7 of the Colleyville Code be amended by adding thereto a Section 7, as follows: "Sec. 7: CURFEW HOURS FOR MINORS A. Definitions. In this section: (1) CURFEW HOURS means: ~; ~~ ~; (a} 11:00 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 A.M. of the following day; and (b) 12:01 A.M. until 6:00 A.M. on any Saturday or Sunday. (2) EMERGENCY means any unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but it is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. (3) ESTABLISHMENT means any privately owned place of business operated for a profit which the public is invited, including but not limited to, any place of amusement or entertainment. (4) GUARDIAN means: C[JRFF,W ORDINANCE - PAGF, 1 c:brdinanclcurtew.ord 7/Ills (a) a person who, under court order, is the guardian of the person of a minor, or (b) a public or private agency with whom a minor has been placed by a court. (5) MINOR means any person under 17 years of age. (6) OPERATOR means any individual firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. (7) PARENT means a person who is: ' (a) a natural parent, adoptive parent or step parent of another person; or i~ i; (b) at least 18 years of age and authorized by a parent or '' guardian to have the care and custody of a minor. (8) PUBLIC PLACE means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (9) REMAIN means to: (a) linger or stay; or (b) fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. (10) SERIOUS BODII.Y INJURY means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. CURFEW ORDINANCE -PAGE 2 c:bcdnanclc~fewaad 7/11194 B. Offenses (1) A minor commits an offense if he remains in any public place or on the premises of any establishment within the City during curfew hours. (2) a parent or guardian of a minor commits an offense if he ]rnowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours. (3) The owner, operator, or any employee of an establishment commits an offense if lrnowingly allowing a minor to remain upon the premises of the establishment during curfew hours. C. Defenses (1) It is a defense to prosecution under Subsection B that the minor was: (a) accompanied by the minor's parent or guardian; (b) on an errand at the direction of the minor's parent or guardian without any detour or stop; (c) in a motor vehicle involved in interstate travel; (d) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (e) involved in an emergency; (f) on the sidewalk abutting the minor's residence or a next door neighbor if the neighbor did not complain to the police depamnent about the minor's presence; (g) attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Colleyville, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and CURFEW ORDiNA1~ICE - PAGF. 3 o:bcamanclc~¢rew.ora 7/11/93 i sponsored by the City of Colleyville, a civil organization, or another similar entity that takes responsibility for the minor. (h) exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or (i} married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code. (2) It is a defense to prosecution under Subsection B (3) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. D. Enforcement Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection C. is present. E. Penalties (1) A person who violates a provision of this chapter is guilty of separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.00. (2) When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates Subsection B (1) of this section and shall refer the minor to the Tarrant County Juvenile Court." Sec. 2: THAT the City Secretary is hereby authorized to cause publication of the descriptive caption and penalty clauses of this ordinance as an alternative method provided by law. CURFEW ORDINANCE -PAGE 4 c:lordioanckucfew.ord 7/11/91 AND IT IS SO ORDERED ~: The f reading and public hearing being conducted on the /9 - day of i 1994. ~! The nd reading and public hearing being conducted on the ~~`4 day of ~ 1994. fi The 'dreading and public hearing being conducted on the /G ~ day of ~' 1994. ii ~' ATTEST: CITY OF COLLEYVII.LE ~! kI an Harris Cheryl Fi ae1 City Secretary Mayor i ~ ~ APPROVED AS TO FORM I ~ AND LEGALITY: I ~; ~. Ross T. Foster j ! City Attorney I l ~' cuR w _ i FF ORDINANCE PAGE S l i ~:~a~k~r~.«a ~n uvs ORDINANCE 0-00-1235 AN ORDINANCE REPLACING ORDINANCE 0-94-958, "CURFEW HOURS FOR MINORS", AMENDING CHAPTER 62, ARTICLE II AND ADDING SECTION 62-41 REVIEW OF JUVENILE CURFEW ORDER OR ORDINANCE WHEREAS, the City of Colleyville desires to reduce juvenile crime and victimization, while promoting juvenile safety and well being. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 62, Article II. MINORS of the Colleyville City Code be amended as follows: Sec.62-36. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Curfew hours means: (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and (2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. Emergency means any unforeseen combination of circumstances or the resulting state that calls for immediate action. Such term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. Establishment means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment. Guardian means: (1) A person who, under court order, is the guardian of the person of a minor; or (2) A public or private agency with whom a minor has been placed by a court. Ordinance 0-00-12 Page 2 of 5 Minor means any person under 17 years of age. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Parent means a person who is: (1) A natural parent, adoptive parent or stepparent of another person; or (2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor. Public place means any place to which the public or a substantial group of the public has access and includes, but '~ not limited to, streets, highways and common areas of school; hospitals, apartment houses, office buildings transport facilities and shops. Remain means to: (1) Linger or stay; or (2) Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent I disfigurement or protracted loss or impairment of the function of any bodily member or organ. Sec. 62-37. Offenses. (1) A minor commits an offense if he remains in any public place or on ~ the premises of any establishment within the City during curfew hours. (2) A parent or guardian of a minor commits an offense if such parent o. guardian knowingly permits, or by insufficient control allows the minor to remain in any public place or on the premises of any establishment within the City during curfew hours. Ordinance 0-00-1235 Page 3 of 5 (3) The owner, operator, or any employee of an establishment commits an offense if knowingly allowing a minor to remain upon the premises of the establishment during curfew hours. Sec. 62-38. Defenses to prosecution. (1) It is a defense to prosecution under section 62-37 that the minor was: (a) Accompanied by the minor's parent or guardian; (b) On an errand at the direction of the minor's parent or guardian without any detour or stop; (c) In a motor vehicle involved in intestate travel; (d) Engaged in an employment activity, or going to or retuming home from an employment activity, without any detour or stop; (e) Involved in an emergency; (f) On the sidewalk abutting the minor's residence or a next-door neighbor if the neighbor did not complain to the police department about the minor's presence; (g) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization, or another similar entity that takes responsibility for the minor, or going to or retuming home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a civic organization, or another similar entity that takes responsibility for the minor; (h) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or (i) Married or had been married or had disabilities of minority removed in accordance with V.T.C.A., Family Code Chapter 31. Ordinance 0-00-1: Page 4 of Sec. 62-39. Enforcement. Before taking any enforcement action under this division, a police officer shall ask the apparent offender's age and reason for being in a public place. The officer shall not issue a citation or make an arrest under this. division unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense under section 62-38 is present. Sec. 62-40. Jurisdiction. When required by V.T.C.A., Family Code 51.08, as amended, the municipal court shall waive original jurisdiction over a minor who violates subsection 62-37(a), and shall refer the minor to the county juvenile court. I Sec. 62-41. Review of Juvenile Curfew Ordinance. (1) Before the third anniversary of the date of adoption of a juver~ curfew ordinance by a general-law municipality or a home-rule municipality or an order of a county commissioners court, and every third year thereafter, the governing body of the general-law municipality or home- rule municipality or the commissioners court of the county shall: (a) review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy; i (b) conduct public hearings on the need to continue the ordinance or order; and (c) abolish, continue or modify the ordinance or order. (2) Failure to act in accordance with Subsections (a) (1) - (3) shall cause the ordinance to expire. Sec. 2. THAT any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Hundred Dolla~ I ($200.00). Each day any such violation continues or is allowed to exi:._ shall constitute a separate violation and be punishable hereunder. Ordinance 0-00-1235 Page 5 of 5 Sec. 3. THAT the City Secretary is hereby authorized and directed to cause publication of the description caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 15~' day of August, 2000. The second reading and public hearing being conducted on the 5~' day of September, 2000. ATTEST: Jean Harris, TRMC, CMC Secretary APPROVED: Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney CITY COUNCIL C~~~ n~ ~~ 7c~a5 AGENDA BRIEFING Form 09/05/00 CMO Approval: Item # 7 Ordinance # 0-00-1236 Previous Action: 08/15/00 DEPT. FINANCE SUBJECT Adoption of the proposed Fiscal Year 2000-2001 Budget Second Reading and Public Hearing Background On Tuesday August 22, 2000, the City Council held a budget worksession and recommended the following additions to the proposed FY 2001 budget: increase funding to Northeast Tarrant Arts Council ($1,600), increase funding to Meals on Wheels ($2,722), increase funding of street resurfacing ($13,876), and include funding for Challenge, Inc. ($1,980), historical markers ($10,000), and a regional dispatch study ($15,000). The total for the FY 2001 General Fund budget was increased by $45,178 as reflected in the attached ordinance. First Reading and Public Hearing Background Attached is Ordinance 0-00-1236 for the adoption of the Annual Budget for Fiscal Year 2001. On July 24th the City Council held a work session on the City Manager's CITY MANAG R DEPART EAD FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Ordinance 0-00-1236 J Page 2 of 2 proposed budget. The totals for the General, Debt Service, and Drainage Utility Funds contained in the ordinance are the totals presented to the Council, but the Utility Fund budget was increased by $325,000 for the proposed purchase of property for a ground storage tank. Recommendation Approval of Ordinance 0-00-1236. Attachments Summaries of General Fund, Utility Fund, Debt Service Fund, and Drainage Utility Fund Budgets. GENERAL FUND SUMMARY PROPOSED ANTICIPATED FY 2001 FY 2000 Beginning Unreserved Fund Balance ~ 10/1 $ 4,925,778 $ 5,013,016 Murray Construction Lawsuit Settlement $ 195,000 $ 0 Received in FY 2000 Total Beginning Unreserved Fund Balance ~ 10/1 $ 5,120,778 $ 5,013,016 Total Revenues 11,521,785 10,715,843 Total Expenditures (11,520,790) (10,608,081) Ending Unreserved Fund Balance ~ 9/30 $ 4,926,773 $ 5,120,778 Net Increase/(Decrease) to Fund Balance $ 995 $ 107,762 EXPENDITURE RECAP: MANAGEMENT City Council/City Secretary $ 313,390 $ 226.119 City Manager's Office 563,980 616,416 Legal Counsel 80,000 100,000 Marketing 88,102 0 Finance 451,409 427,111 Municipal Court 1 ]4,550 109,892 MANAGEMENT SUBTOTAL: $ 1,611,431 $ 1,479,538 COMMUNITY DEVELOPMENT Community Development $ 364,898 $ 357,831 Buildinglnspections 287,741 270,325 Economic Development 135,294 144,470 Engineering 644,043 601,335 COMMUNITY DEVELOPMENT SUBTOTAL: $ 1,431,976 $ 1,373,961 POLICE $ 2,512,521 $ 2,309,012 FIRE $ 2,404,734 $ 2,249,063 PARKS Parks Maintenance $ 920,895 $ 991,322 Recreation 244, 564 151, 547 Community Center 282,567 241,890 COMMUNITY SERVICES SUBTOTAL: $ 1,448,026 E 1,384,759 PUBLIC WORKS Streets and Drainage $ 1,153,903 $ 1,373,417 Fleet Maintenance 123,825 135,005 PUBLIC WORKS SUBTOTAL: $ 1,277,728 $ 1,508,422 PERFORMANCE PAY $ 95,000 $ 80,000 COMPENSATION ADJUSTMENT $ 739,374 $ 223,326 TOTAL GENERAL FUND EXPENDITURES $ 11,520,790 $ 10,608,081 GENERAL FUND REVENUES PROPOSED ANTICIPATED FY 2001 FY 2000 AD VALOREM TAXES Current Taxes $ 4,906,127 $ 4,400,551 Delinquent Taxes 31,000 30,500 Penalty and Interest 30,000 28,100 AD VALOREM TAXES SUBTOTAL $ 4,967,127 $ 4,459,151 FRANCHISE TAXES $ 1,191,861 $ 1,165,308 SALES TAXES $ 1,809,891 $ 1,722,982 LICENSES AND PERMITS $ 1,227,487 $ 1,259,400 FINES $ 472,800 $ 437,800 CHARGES FOR SERVICES $ 590,636 $ 569,405 INTERGOVERNMENTAL $ 60,775 $ 82,881 MISCELLANEOUS REVENUES $ 587,750 $ 571,900 USE OF FUND BALANCE FROM MURRAY CONSTRUCTION LAWSUIT SETTLEMENT $ 195,000 $ 0 TRANSFER FROM UTILITY FUND $ 418,458 $ 447,016 TOTAL GENERAL FUND REVENUES $ 11,521,785 $ 10,715,843 UTILITY FUND SUMMARY BEGINNING RETAINED EARNINGS • 10/1 RETAINED EARNINGS TO FUND PROJECT C PHASE II SEWER EXTENTIONS/ LAND PURCHASE FOR GROUND STORAGE TANK TOTAL BEGINNING RETAINED EARNINGS ~ 10/1 OPERATING REVENUES Water Sales Wastewater Sales Water Installation Wastewater Installation Sewer Tie•On Charges Engineering Charges Penalfies Miscellaneous TOTAL OPERATING REVENUES OPERATING EXPENSES Utility Administration Utility Billing Utility Operations Transfer to General Fund Performance Pay Compensa5on Adjustment TOTAL OPERATING EXPENSES NON•OPERATING REVENUES(EXPENSES) PROPOSED ANTICIPATED FY zoos FY 2000 $ 5,845,536 $ 5.962.071 $ 825,000 $ 0 $ 6,670.536 $ 5,%2.071 $ 5.181.138 $ 4,868,869 1,695,523 1,606,264 61.600 61,600 26,000 22,000 30,750 45,000 35,000 25,000 147,100 145,690 8,200 7,500 $ 7,185,311 $ 6.781.923 $ 157,997 $ 152,529 145,368 135,796 5,872,377 4,810,927 418,458 382,817 34,864 22,000 65.114 41,628 $ 6,694,178 $ 5,545,697 Interest Income $ 300,000 $ 245,000 Use of Retained Earnings for Project C Phase II Sewer Line 500,000 0 Debt Service (1,097,433) (1,097,761) TOTAL NON•OPERATING REVENUES(EXPENSES) $ (297,433) $ (852.761) NET INCOME $ 143,700 $ 383,465 ENDING RETAINED EARNINGS ~ 9/30 $ 6,039,236 $ 6,345.536 DEBT SERVICE FUND SUMMARY BEGINNING FUND BALANCE • 10/1 FUND REVENUES Current Property Taxes Delinquent Property Taxes Penalty & Interest Transfer•in CCCPD Fund Interest Income TOTAL REVENUES FUND EXPENDITURES 1975 G.O. Bonds 1989 C.O.Bonds 1991 C.O. Bonds 1992 G.O. Bonds 1993 G.O. Bonds 1994 G.O. & Refunding Bonds 1995 G.O. Bonds 1996 G.O. Bonds 1999 G.O. Bonds 1999 CCCPD Sales Tax Bonds Fire Truck Note Radio Tower/Equipment Lease Radio Tower Upgrade Lease Ambulance I Lease Ambulance II Lease Fire Truck Lease Paying Agent/Argitrage Calculation Fees TOTAL EXPENDITURES PROPOSED FY 2001 $ 692,212 $ 1, 552,893 12,000 10,000 641,473 42,000 e ~ nre '~GL $ 70,500 0 0 246,110 250,194 418,220 221,808 185,576 39,270 641,473 59,818 0 35,000 0 34,260 41, 582 10,000 $ 2,253,811 ANTICIPATED FY 2000 676,097 1,550,499 12,000 10,000 429,763 42,000 .v ~,~-.-r,~~~ $ 72,250 46, 530 31,020 246,110 254,688 341,073 224,208 184,016 37,927 429, 763 50,000 39,941 0 23,039 0 41,582 6,000 $ 2,028,147 ENDING FUND BALANCE - 9/30 $ 696,768 $ 692,212 DRAINAGE UTILITY FUND SUMMARY BEGINNING FUND BALANCE • 10/1 FUND REVENUES Drainage Fees Penalties Interest Income TOTAL REVENUES FUND EXPENDITURES Drainage Operations Performance Pay 1995 Bonds Compensation Adjustment TOTAL EXPENDITURES ENDING FUND BALANCE • 9/30 PROPOSED FY 2001 $ 373,510 ANTICIPATED FY 2000 340,686 $ 596,340 $ 6,450 14,280 386,381 6,320 13,090 $ 251,052 $ 230,269 4,000 3,500 131,350 134,581 8,237 4,617 $ 394,639 $ 372,967 $ 595,941 $ 373,510 ORDINANCE 0-00-1236 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEX' APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE CITY ~.. COLLEYVILLE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 THROUGH SEPTEMBER 30, 2001, A COPY OF SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO BECOME EFFECTIVE ON OCTOBER 1, 2000. WHEREAS, in compliance with Article 689a-14, Vernon's Texas Civil Statutes, the City Manager did file with the City Secretary a copy of the budget of the proposed expenditures for the fiscal year beginning October 1, 2000, and ending September 30, 2001, such filing being more than thirty (30) days prior to the date on which the City Council makes its tax levy for said fiscal year; and, WHEREAS, notice of public hearings to consider said budget were published in a newspaper of general circulation in the City of Colleyville, Tarrant County, Texas, not more than thirty (30) days nor less than ten (10) days prior to said public hearings; and, WHEREAS, all legal requirements of Article 689a, et seq. Vernon's Texas Civil Statutes, as well as all other pertinent laws have been complied with and fulfilled. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the budget of the proposed expenditures for the fiscal year beginning October 1, 2000, and ending September 30, 2001, which was prepared by the City Manager, a copy of which is on file in the office of the City Secretary, is hereby made a part of this ordinance by reference and is hereby approved and adopted by the City Council of the City of Colleyville, Texas, as the official budget for the fiscal year beginning October 1, 2000, and ending September 30, 2001. Sec. 2. THAT appropriation amounts for the Fiscal Year 2001 budget for the different funds of the City of Colleyville are hereby fixed as follows: General Fund $11,520,790 Utility Fund (Water & Wastewater) $ 7,791,611 Debt Service Fund $ 2,253,811 Drainage Utility Fund $ 394,639 AND IT IS SO ORDERED. The first Reading and Public Hearing being conducted on August 15, 2000. The second Reading and Public Hearing being conducted on September 5, 2000. Ordinance 0-00-1236 Page 2 of 2 PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, THIS THE DAY OF , 2000 BY THE FOLLOWING VOTE: Jody Short Michael Taylor Dana Feldman Dennis Marlin Ginny Tigue ATTEST: APPROVED: Jean Harris, CMC Donna Arp City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney CITY COUNCIL Gln' nI ~~ 7f<13 AGENDA BRIEFING For mt .: 09/05/00 CMO Approval: Item # 8 Ordinance # D-00.1237 Previous Action: 8/15100 DEPT. FINANCE SUBJECT Setting the Ad Valorem Tax Rate for FY 2000- 2001 Second Reading and Public Hearing First Reading and Public Hearing Background At the July 24th budget work session, the City Manager presented the proposed FY 2001 budget with a tax rate for Fiscal Year 2001 of $.3474 per hundred dollars of valuation. The effective tax rate calculation set the allocation of the tax rate to be $.2630 allocated to the General Fund and $.0844 allocated to the Debt Service Fund. Recommendation Staff recommends that Council adopt Ordinance 0-00-1237, which sets the tax rate of $.3474 per hundred dollars valuation for Fiscal Year 2001. CITY MANAGER D PART D FINANCIAL REVIEW (IF NECESSARY) ORDINANCE 0-00-1237 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, LEVYING TAXES FOR THE OPERATION OF THE MUNICIPAL GOVERNMENT OF THE CITY OF COLLEYVILLE, TEXAS, FOR THE 2000-2001 FISCAL YEAR; ESTABLISHING THE AD VALOREM TAX RATE OF THIRTY FOUR AND SEVENTY FOUR HUNDREDTHS CENTS ($.3474) PER ONE HUNDRED DOLLARS PROPERTY ASSESSMENT; PROVIDING FOR APPORTIONMENT OF TAXES FOR INTEREST AND SINKING FUND FOR CERTAIN BOND INDEBTEDNESS AND FOR GENERAL OPERATING NEEDS, PROVIDING PENALTIES AND INTEREST FOR THE DELINQUENT TAXES, AND TO BECOME EFFECTIVE ON OCTOBER 1, 2000. WHEREAS, a budget has been adopted by the City Council of the City of Colleyville, Texas, covering the proposed expenditures of the municipal govemment of the City of Colleyville for the fiscal year beginning October 1, 2000 and ending September 30, 2001; and, WHEREAS, said budget reflects the needs for revenue to meet the expenses proposed therein; and, WHEREAS, the City is required to accumulate an Interest and Sinking Fund for cert~ outstanding bond indebtedness. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT there is hereby levied an ad valorem tax that shall be collected for the use and support of the municipal government of the City of Colleyville. It shall provide the legally required interest and sinking fund for certain outstanding bond indebtedness 2000-2001 fiscal or budget year. Such tax shall be levied upon all property, real, personal or mixed within the corporate limits of Colleyville, Texas, which is subject to taxation. The rate of tax shall be thirty four and seventy four hundredths cents ($.3474) on each one hundred dollars ($100.00) property assessment. Said tax levied for and apportioned to the following specific purposes: A. For the General Fund, a tax rate of $.2630 is levied. B. For the Interest and Sinking Fund, a tax rate of $.0844 is levied. Sec. 2. THAT taxes levied by this ordinance shall be due and payable on the first day of October, 2000, and shall become delinquent on the first day of February. 2001, if unpaid. Upon taxes becoming delinquent, interest and penalty wi be added as required in Section 33.01 of the Texas Property Tax Code, and shall commence on the first day of February, 2001. The City of Colleyville is hereby authorized to adopt any and all legal remedies provided by the Texas Property Tax Code for the purpose of collecting delinquent taxes. Ordinance 0-00-1237 Page 2 of 2 AND IT IS SO ORDERED. The first Reading and Public Hearing being conducted on August 15, 2000. The second Reading and Public Hearing being conducted on September 5, 2000. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, THIS THE DAY OF , 2000 BY THE FOLLOWING VOTE: Jody Short Dana Feldman _ Ginny Tigue _ ATTEST: Jean Harris, TRMC, CMC City Secretary Michael Taylor Dennis Marlin APPROVED: Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney CITY COUNCIL ~irr nr ~~ ~ ~~ Tf[li AGENDA BRIEFING For mt .: 09/05/00 CMO Approval: Item # 9 Ordinance # 0-00-1238 Previous Action: 08/15/00 DEPT. FINANCE SUBJECT Amending Ordinance 0-92-880 setting fees and charges for City services and facilities Second Reading and Public Hearing Background On August 28, 2000, the Community Center Advisory Committee met and approved the changes proposed to Council on August 15, 2000. Staff is requesting the proposed effective date of all changes be moved to December 1, 2000, so that all clients can be notified of the changes. First Reading and Public Hearing Background In September 1992, the Council approved an ordinance setting miscellaneous fees and charges. As a part of the budget process, department directors reviewed the fees charged by their department and proposed new fees to be charged. Included in ~~ CITY MA AGER r~ EPAR EAD FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Ordinance 0-00-1238 Page 2 of 2 this ordinance are additions, deletions, and revisions to fees proposed by the Community Center as .approved by the Community Center Advisory sub-committee on August 9, 2000. Attached is a memo from the Community Center Supervisor detailing the changes and rental rate increases. The effective date of all changes is October 1, 2000. Recommendation Approval of Ordinance 0-00-1238. Attachments Memo from Lin Przybyl, Community Center Supervisor (paper copy only) Financial Impact MEMORANDUM TO: Terry Leake, Finance Director FROM: Lin Przybyl, Community Center Supervisor DATE: August 29, 2000 SUBJECT: Colleyville Community Center Rental Rate and Administrative Fee Structures On May 8, 2000 the Community Center Advisory Committee requested a review of the rental rate and administrative fee structures as compared to area facilities. The rates, for comparison, are based on square footage and/or seating capacity. Some centers, such as the Grapevine Convention Center, the Grapevine Concourse and the Texas Star are profit-driven. In comparison, the Colleyville Community Center serves as a meeting facility for local not for profit organizations and residents of the community. The uniqueness of the Colleyville Community Center is its ability to attract weddings and banquets and provide a community service for the seniors, Teen Court, cultural events, public forums and city meetings. The Center also provides space for homeowner's association meetings, civic organizations, local not for profit organizations and youth sports associations. The Community Center Advisory Committee met on August 14 and August 28 to review the recommendations. The committee unanimously recommends the following changes to the Community Center's rate and policy structure. The weekday rates for all categories are comparable to other facilities; therefore, staff did not recommend an increase of weekday rates. In comparison, the weekend rates are lower than other area facilities therefore staff recommended the following increases: - Twenty-two (22%) percent increase for the Entire Building rental rates - Twenty (20%) percent increase for all weekend rental rates The deposit and rental rate structure for the Assembly Hall Kitchen and Assembly Hall Stage were adjusted to be the same. Staff also recommended that weekend rentals for the Assembly Hall be adjusted to a four- (4) hour minimum. To cover the cost of contract administration and potential revenue losses, staff also recommended that the Community .Center service fees be amended as follows: In the event of a cancellation for the Entire Building or Entire Assembly Hall (Friday and Saturdays only), the lessee would forfeit one-half (1/2) of the deposit. In addition to rental rate adjustments, staff proposed the following administrative fee adjustments: - Establish a Kitchen Usage Fee in the amount of $1.00 per person for all rentals, except the Resident Social rate, which would be a flat fee of $25.00. The Kitchen Usage Fee of $1.00 per person will be applicable to the local non profit organizations only for weekend events. - Increase the re-positioning fee to $100.00 for wall repositioning, plus $10.00 per table setting re-positioned. To provide an opportunity for staff to notify and work with Community Center clients to implement changes to the rate(s) and policies, staff recommends that this ordinance become effective December 1, 2000. If you have any questions or need additional information, please contact me. O W d CD a d N O C N d 8 m d O R W E c 0 a d io Q e E 0 v V _O C u c e O V O O C V O C >° e V r c a ~ g a w ~ ~ ~ ~ ~ ° o a N N ~ 2 N m O b m 'C p Q O D ° A a . E Z ~ ~ m ~ '~ N N L U O ~ 0 Z n ~ ~ c y _ 3 N ~ o~i v < n Y Z A ~ Z Q a d ~ S m .Z W m ~ q O. ai a. m a. Q ~ a ~ a ~ a~ o o c C O m n a. n ?. Q Z 7 L C Q Z ~ L C C O C ~ O O y ~ ~ N > i, i. e C a N a0. w 4 g N ~ d C N ' M + e N ~ c ~ 7 ~ N L ~ ~ ~ ~ _ ~ V Co~~eyvi~~e Community Center ADMINISTRATIVE FEE SCHEDULE ALl RENTED AV EQUIPMENT DROUGHT tNTO THE DUILDING t546 FIRST MICROPti01`IE IS COMPLIMENTARY PODIUM WITH MICROPHONE $ 35,00 PLUG IN MICROPHONE $15.00 WIRELESS MICROPIIOPIE tk,~d Held ar Lapel ~ 50.00 POWER POINT PRQIECTOR ~ 50.00 per I,ov/$400 a day LAPTOP COMPUTER FOR PROJECTOR ~ 25.00 per I,avr/inc..,/alllay USE OF COMPACT DISC PLAYER ~ 20.00 USE OF AUDIO TAPE PLAYER ~ 20,00 USE OF MONITOR SPEAKERS ~tO.oO TVNCR .~~11, CART is' .«~, ~ 50.00 N/VCR 61' .~. projection screa~ X65.00 ROWNG VIDEO CART $ 15.00 OVERHEAD PROJECTOR .„~, CART $ 20,00 SLIDE PRQIECTOR.«~, STAND $25.00 SCREEN ~ 15.00 WHITE BOARD a FLIP CHARTS ra16 STAND ~ 15,00 PIANO ~ 50.00 STAGE (Events using Stage Lig6~ & Saved) X150.00 STAGE LIGHTING (~ lime kN;,,q j H2O ~ COFFEE (55 Cup Cof{eepat, Muq: & Supplies Provided) ~ x,00 COFFEE (110 Cup Cotleepol, M„~ & Supplies Provided) $40.00 WATER (Ice, Pitdkr~ & Gta~ P.~;ded) ~ 5.00 per 20 glasses SOFT DRINKS (Coke ~ Coke, Spn'le) ~ too FAX MACHINE (Inmmiay & Outgoinca COPIES (EACH) 1 50 ~ 200 per pq. Plus LD ~I~y:. - O.e. 51 co ses ~ Z5 t:i ~ ~ .to t6ravyl, p ~ .851st wpy ~ .1511,ereafier CHAIR SETUP ~ 50 per dsair TABLE SETUP Af `IY CHANGES AFTER FINAL SETUP $ 2.00 per 1a61e REPOSITIONING ROOM DURING EVENT ~ lO.oo per Ia61/c6air ~ 100,00 _, ADMINISTR~TIV~ FEE SCHEDULE ALL RENTED AV EQUIPMENT BROUGHT INTO THE BUILDING t596 FIRST MICROPHONE IS COMPLIMENTARY PODIUM WITH MICROPHONE $ ~-~ PLUG IN MICROPHONE $ 15.00 WIRELESS MICROPHONE Hond Held « Lopel $ 50.00 POWER POINT PROJECTOR $ 50.00 ~ l~,/$400 a doy LAPTOP COMPUTER FOR PROJECTOR $ 25.00 ~ {~oui/inc. roll doy USE OF COMPACT DISC PLAYER $ 20.00 USE OF AUDIO TAPE PLAYER $ 20.00 USE OF MONITOR SPEAKERS $to.o0 NNCR ~irti CART t9' screen $ 50•~ N/VCR 6t'~~projection:cree, $65•~ ROLLING VIDEO CART $ 15.00 OVERHEAD PROJECTOR .,,it6 CART $ 20.00 SLIDE PROJECTOR ~~ STAND $25.00 SCREEN $ 15.00 WHITE BOARD o. FLIP CHARTS with STAND $ 15.00 PIANO $50.00 STAGE (EKnt~ using Stoye Lig61s & Sound) $150.00 STAGE LIGHTING (one time seHinq) $20.00 COFFEE (55 Cup Coffeepot, Muy: & Supplies Proride~ $25.00 GOFFEE (no Cep Coffeepot, Muq: & Supplies Pror;ded) $40.00 WATER (Ice, Pitd~ers & Glossa Provided) $ 5.00 per 20 q~ SOFT DRINKS (Coke, Diet Coke, Spite) $ 1.00 FAX MACHINE (Incoming & Outyoiny) $ 2.00 ~ py. Plus LD dqs. COPIES (EACH) t - 50 $ 25 t:l copy $ .10 t6rcug6 Over 51 oopia $ .85 tsi copy $ .15 tl~ereofter CHAIR SETUP $ 50 per Clair TABLE SETUP $ 2.00 per to6le ANY CHANGES AFTER FINAL SETUP $ tooo pe. to61e%lair REPOSITIONING ROOM DURING EVENT $ 100.00 Co~~eyvi~~e Community Center ADMINISTRATIVE FEE SCHEDULE for LOCAL hOn PROFIT ORGANIZATIONS ALL REf'iTED AV EQUIPMENT BROUGHT tl`iT0 THE BUILDt(yG toy FIRST MICROPHOf`IE IS COMPLIMEI`ITARY PODIUM WITH MICROPHOtyE $ 20.00 PLUG I(y MICROPHOtyE $ to.0o WIRELESS MICROPHO(yE F1~nd F1eld ~ Lapel $ 25.00 POWER POItyT PROJECTOR $ 50.00 ~ Iwui/~ ao0 a day LAPTOP COMPUTER FOR PROJECTOR $ 25.00 ~ 6our/ i~~l. w/all day USE OF COMDACT DISC PLAYER $ 20.00 USE OF AUDIO TAPE PLAYER $ 20.00 USE OF MOnITOR SPEAKERS $ to.0o NNCR vAtlt CART $ 40.00 TV /VCR 61' rear projection screen $ 55.00 ROllll`IG VIDEO CART $ to.00 OVERHEAD PROJECTOR vvitlt CART $ 20.00 SLIDE PROJECTOR vat6 STAtyD $ 20.00 SCREEN $ 10.00 WHITE BOARD ar FLIP CHARTS .~-t6 STAND $ 15.00 PIANO $ 50.00 per durotian of event STAGE (Events using Stage l;g6t: & Sound) $150.00 per duration of event STAGE LIGHTItyG (one time setting) $ 15,00 COFFEE (55 Cup Coffeepot, Mugs & Supplies Provided) $25,00 COFFEE (n0 Cup Coffeepot, Mug: & Supplies Provided) $x0,00 WATER (lce, Pitchers & Glmses Presided) $ 5.00 per 20 glasses SOFT DRINKS (Cake, Diet Cd~e, Sprite) $ t.00 FAX MACHI(yE (Incoming & Outgoing) $ 2.00 per page plus LD. clgs. COPIES (EACH) 1- 50 $ 251:i copy $ .10 tltrougl~ Over 51 copies $ .851:t copy $ .15 il,ereafter APtY CHAI`IGES AFTER FIPIAL SETUP $ 10.00 per table%6o;r REPOSITIOhIhG ROOM DURIf`IG EVEI`fT $ 100.00 Any not {or pro{it organization f{~at donates over ~J~,~O {o f~e Community Center does not ~ave fo pay equipment {ees. Supp~y {ees are not inc~uded in t~is waiver. T~ere is no c~arge {or an event wen tat event is 6einq ~e~d at t{~e Community Center and t{~e proceeds raised {ram tat event are donated to t~e Community Center. T~e Community Center Supervisor may consider a {~at {ee rate structure {or a not {or pro{it groups renting t~,e entire {aci~ity. F ADMINISTRATIVE FEE SCHEDULE for LOCAL NON PROFIT ORGANIZATIOI`IS ALL REnTED AV EQUIPMEnT BROUGHT IIYfO THE BUILDInG tom flRST MICROPHOnE IS COMPLIMEIYfARY PODIUM WITH MICROPHOnE $ 20.00 DLUG In MICROPHOnE $ to.o0 WIRELESS MICROPHOnE I-bnd Field «• Lapel $ 25•~ POWER POInT PROJECTOR $ 50.00 ~ I,our/$ aoo a day LAPTOP COMPUTER FOR PROJECTOR $ 25.00 ~ 6our/ ind../oll doy USE OF COMPACT DISC PLAYER $ 20.00 USE OF AUDIO TAPE PLAYER $ 20.00 USE OF MOnITOR SPEAKERS $ to.oo NNCR .~t6 CART $40.00 N /VCR 61' rear projection screen $ 55.00 ROLLInG VIDEO CART $ to.00 OVERHEAD PROJECTOR ~i~ CART $ 20.00 SLIDE PROJECTOR.„t6 STAnD $ 20.00 SCREEn $ t0.00 WHRE BOARD or FLIP CHARTS vyi~ STAnD $ t5.00 PIAnO $50.00 per duroiion of event STAGE (E.~,is using S1oge Lg6ts & Sound) $t5o.00 per durotian of event STAGE LIGHTInG (one time:ekinq) $15.00 COFFEE (55 Cup Coffeepot, Muys & Supplies P.~ided) $ 25.00 COFFEE (1t0 Cup Coffeepot, Muys & Supple: Presided) $ 40.00 WATER (Ice, Piiclmrs & Glmses Provided) $ 5.00 per 20 glosses SOFT DRInKS (Cole, Diet Coles, Spate) $ t.00 FAX MACHInE (Incoming & Outgoing) $ 2.00 per page plus LD. ~. COPIES (EACH) t - 50 $ 25 t:t ~~„, $ .to t{,rougl Over 51 copies $ .85 lsi copy $ .15 il~ercotier AMY CHAnGES AFTER FInAL SETUP $ to.oo per to6le%lair REPOSITIOnInG ROOM DURInG EVEnT $ t00.o0 r~ny not for profit organization tot donates over X50,000 to t~e Community Center does not ~ove to pay equipment fees. Supp~y fees are not inc~uded in t~is waiver. There is no c~arge for on event wen tat event is 6einq ~e~d of t~e Community Center and t{~e proceeds raised from tat event are donated to t~-e Community Center. ORDINANCE 0-00-1238 AN ORDINANCE AMENDING ORDINANCE 0-92-880 SETTING FEES AND CHARGES FOR CITY SERVICES, ESTABLISHING SECTIONS OF THE CITY OF COLLEYVILLE CODE OF ORDINANCES, TO BECOME EFFECTIVE DECEMBER 1, 2000. 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: Sec. 1. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 of the City of Colleyville Code of Ordinances shall be revised with the following additions: Section 2-26j Deposit Policy -In the event of a cancellation for the Entire Building or Entire Assembly Hall, the lessee would forfeit one-half (112) of the deposit. Community Center Administrative Fee Structure Kitchen Usage - $1.00 per person for all rentals except for the Resident Social rate Kitchen Usage (Resident Social Rate) - $25.00 per event Community Center Administrative Fee Structure for Non-Profit Organizations Kitchen Usage - $1.00 per person for all rentals (weekends only)* Sec. 2. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 of the City of Colleyville Code of Ordinances shall be revised with the following revisions: Section 2-26j Community Center Rental Rates -See Exhibits A through D. Community Center Damage Deposit: Assembly Hall, stage - $200.00 Ordinance 0-00-1238 Page2of3 Community Center Administrative Fee Structure Repositioning room during event - $100.00, plus $10.00 per table setting re- positioned. Community Center Administrative Fee Structure for Non-Profit Organizations Repositioning room during event - $100.00, plus $10.00 per table setting re- positioned Sec. 3. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 of the City of Colleyville Code of Ordinances shall be revised with the following deletions: - The community supervisor may consider a flat fee rate structure for a not for profit group renting the entire facility. Sec. 4. THAT the effective date of Sections 1, 2, and 3 shall be December 1, 2000. AND SO IT IS ORDERED. The first reading and public hearing being conducted on the 15th day of August, 2000. The second reading and public hearing being conducted on the 5th day of September, 2000. ATTEST: Jean Harris, CMC City Secretary CITY OF COLLEYVILLE Donna Arp Mayor Ordinance 0-00-1238 Page 3 of 3 APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Exhibit "A" - Colleyville Community Center Fee Schedule Local Business MEETING ROOMS (2 hour minimum required) West 30 people standing East 35 people standing Combined PARLOR (2 hour minimum required) 14 people standing Weekday Mon. -Fri. (fpm) first each 2 hrs. extra hour $ 25 $ 10 $ 25 $ 10 $ 45 $ 15 Weekday Mon. -Fri. (1 pm) first each 2 hrs. extra hour Weekend Fri. (1 pm) -Sun. first each 2 hrs. extra hour $ 40 $ 20 $ 40 $ 20 $ 70 $ 30 Weekend Fri. (1 pm) -Sun. first each 2 hrs. extra hour ASSEMBLY HALL (4 hour weekend minimum required) Kitchen Access - 330 standing Stage Access - 204 standing Entire Hall Weekday Mon. -Fri. (1 pm) first each 2 hrs. extra hour $ 110 $ 30 $ 90 $ 25 $ 170 $ 45 Weekend Fri. (1 pm) -Sun. first each 2 hrs. extra hour $ 170 $ 50 $ 170 $ 50 $ 250 $ 70 ENTIRE BUILDING $ 79o s Hours $ 100 each ( Minimum daily charge) extra hr " A business owner, whose business lies within the corporate limits of the City of lam Exhibit "B" - Colleyville Community Center Fee Schedule Resident Social ( Minimum of 2 hours required ) MEETING ROOMS (2 hour minimum required) West 30 people standing East 35 people standing Combined Weekday Mon. -Fri. (1 pm) first each 2 hrs. extra hour $ 22 $ 9 $ 22 $ 9 $ 40 $ 13 Weekend Fri. (1 pm) -Sun. first each 2 hrs. extra hour $ 40 $ 15 $ 40 $ 15 $ 65 $ 25 PARLOR (2 hour minimum required) Weekday Mon. -Fri. (1 pm) first each 2 hrs. extra hour Weekend Fri. (1 pm) -Sun. first each 2 hrs. extra hour 14 people standing $ 22 $ 9 $ 40 $ 15 ASSEMBLY HALL (4 hour weekend minimum required) Kitchen Access - 330 standing Stage Access - 204 standing Entire Hall Weekday Mon. -Fri. (fpm) first each 2 hrs. extra hour $ 99 $ 27 $ 81 $ 22 $ 153 $ 40 Weekend Fri. (1 pm) -Sun. first each 2 hrs. extra hour $ 150 $ 40 $ 150 $ 40 $ 230 $ 60 ENTIRE BUILDING ( Minimum daily charge ) $ 720 8 Hours $ 80 each extra hr A resident within the corporate limits of the City of Colleyville. Exhibit "C" -Colleyville Community Center Fee Schedule Local -Non-Profit Organization* MEETING ROOMS (2 hour minimum required) West 30 people standing East 35 people standing Combined Weekday Mon. -Fri. (1 pm) first each 2 hrs. extra hour $ 10 $ 4 $ 10 $ 4 $ 18 $ 6 Weekend Fri. (1 pm) -Sun. first each 2 hrs. extra hour $ 40 $ 15 $ 40 $ 15 $ 65 $ 25 PARLOR (2 hour minimum required) Weekday Mon. -Fri. (1 pm) first each 2 hrs. extra hour Weekend Fri. (1 pm) -Sun. first each 2 hrs. extra hour 14 people standing $ 10 $ 4 $ 40 $ 15 ASSEMBLY HALL (4 hour weekend minimum required) Kitchen Access - 330 standing Stage Access - 204 standing Entire Hall Weekday Mon. -Fri. (1 pm) first each 2 hrs. extra hour $ 44 $ 12 $ 36 $ 10 $ 68. $ 18 Weekend Fri. (1 pm) -Sun. first each 2 hrs. extra hour $ 150 $ 40 $ 150 $ 40 $ 230 $ 60 ENTIRE BUILDING Weekday $ 2so 8 Hours $ 3o each ( Minimum daily charge) Weekend $ 720 8 Hours $ 80 extra hr A Colleyville civic club, organization or association that has a valid non-profit organization Texas state charter, which is in good standing. Exhibit "D" -Colleyville Community Center Fee Schedule Non-Local Rate MEETING ROOMS (2 hour minimum required) West 30 people standing East 35 people standing Combined PARLOR (2 hour minimum required) 14 people standing ASSEMBLY HALL (4 hour weekend minimum required) Kitchen Access - 330 standing Stage Access - 204 standing Entire Hall Weekday Mon. -Fri. (1 pm) first each 2 hrs. extra hour $ 30 $ 12 $ 30 $ 12 $ 54 $ 18 Weekday Mon. -Fri. (1 pm) first each 2 hrs. extra hour $ 30 $ 12 Weekday Mon. -Fri. (1 pm) first each 2 hrs. extra hour $ 132 $ 36 $ 108 $ 30 $ 204 $ 54 Weekend Fri. (1 pm) -Sun. first each 2 hrs. extra hour $ 50 $ 25 $ 50 $ 25 $ 90 $ 35 Weekend Fri. (1 pm) -Sun. first each 2 hrs. extra hour Weekend Fri. (1 pm) -Sun. first each 2 hrs. extra hour $ 210 $ 50 $ 210 $ 50 $ 310 $ 80 ENTIRE BUILDING $ 950 s Hours $ 12o each ( Minimum daily charge) extra hr A resident or business, outside of the corporate limits of the City of Colleyville. CITY COUNCIL C~1O o, ~~ ilW t f ~:~> AGENDA BRIEFING For mt .: 09/05/00 CMO Approval: Item # 10 Ordinance # 0-00-1239 Previous Action: 08/15/00 DEPT. FINANCE SUBJECT Amending Chapter 98, Article IV, Section 98-104 of the Colleyville Code of Ordinances, "Schedule of Drainage Charges" Second Reading and Public Hearing First Reading and Public Hearing Background In August 1993 the City established the Municipal Drainage Utility System to provide funding for drainage improvements. The monthly fee per residence is $4.00, and other land uses have a fee of $6.10, $8.71, or $13.94 per acre depending on land use. Using proceeds from the monthly fees, in 1995 we sold $1.5 million dollars in revenue bonds which were used for various drainage improvements. As a part of the FY 2001 budget, the City Manager recommended a monthly drainage fee increase of $2.00 per household and the other land uses fee would increase $3.05, $4.36, or $6.97. This fee increase would fund a bond sale of approximately $1.6 million. (continued) CITY MANAGER EPART D FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Ordinance 0-00-1239 Page 2 of 2 Recommendation Approval of Ordinance 0-00-1239. Attachments A. "Effect of Fee Increase on Land Use Categories" B. Memo from Bob Whitehead - "Drainage Priority Schedule" EFFECT OF FEE INCREASE ON LAND USE CATEGORIES CURRENT PROPOSED MONTHLY FEE MONTHLY FEE MONTHLY LAND USE PER LOT OR TRACT PER LOT OR TRACT INCREASE RESIDENTIAL $4.00 $6.00 $2.00 CURRENT PROPOSED MONTHLY FEE MONTHLY FEE MONTHLY LAND USE PER ACRE PER ACRE INCREASE PARK $6.10 $9.15 $3.05 CHURCH $8.71 $13.07 $4.36 SCHOOL $8.71 $13.07 $4.36 BUSINESS/COMMERCIAL 1 $13.94 $20.91 $6.97 BUSINESS/COMMERCIAL 2 $6.10 $9.15 $3.05 INDUSTRIAL - 1 $13.94 $20.91 $6.97 INDUSTRIAL - 2 $6.10 $9.15 $3.05 MISCELLANEOUS -1 $13.94 $20.91 $6.97 MISCELLANEOUS - 2 $6.10 $9.15 $3.05 Memorandum To: Bob Stripling, City Manager From: Bob Whitehead, Director of Public Services Date: July 10, 2000 Subject: Drainage Priority Schedule Drainage problems are generally one of the greatest areas of concern in a municipality and one of the hardest to quantify. One of the reasons is that drainage problems vary from flooding of homes to mud in a curb or from intense thunder storms with a large volume of rain in a short amount of time to continual groundwater seepage. Colleyville Engineering and Public Works staff has attempted to develop a "Drainage Priority Schedule' of known drainage problems. The public works staff ident~ed the problem areas. Then engineering and public works discussed each identified problem and using the 'conditioNseverity", and "group' charts developed the "Schedule' and ranking. The "Rank" column provides a numerical ranking of the drainage problem for each condition/severity, i.e., condition 1(F) and severity 1 and ranked 1 through 6; condition 1(F) and severity 2 are ranked 1 through 10; and so on. Because most of the problems will require engineering plans, the cost estimates were developed in a cost range. In order to construct the entire Group 1 (Problem greatly affects public safety and/or caused extensive damage to private or public property) projects the cost range is $12.4 to $15.1 million. Currently the City charges a Drainage Utility Fee of $4.OO/month for residential; $13.94 per acxe for commercial~ndustrial; $8.71 per acxe for churdies and schools; and $6.10 per acxe for "perk type' customers. The Drainage Utility Fee is estimated in the FY 2000 Budget to raise $380,000 from 6,885 drainage customers for an average per customer of $4.60. The total revenues for the fund induding penalties and interest income equal to $399,320. Expenditures include $134,581 for the 1995 Bonds and $238,386 for drainage operations. The following table compares the surrounding cities drainage fees for a typical one half-acxe residence. Drainage Priority Schedule Page 2 City Residential Drainage Fee er month S North Richland Hills 3.42 Hurst None Bedford 3.00 Euless 2.50 Kelfer 3.25 Gra vine 4.00 Southlake None oonsiderin a fee Richland Hills 3.00 Watau a 3.00 A one dollar incxease in the Drainage Utility Fee would result in about $84,000 per year (assuming 7,OOD customers). $84,000 would finance approximately $950,000 in bonds. Therefore, to fund $12 million would take a Drainage Fee increase of approximately $12. As one can see, the drainage problem is large and will need extensive funding to provide the residents with solutions. The Drainage Utility Fee is one source of revenue; however, it is obvious that this fund will not by itself support a bond issue necessary for completing all the drainage projects. Attachments: Drainage Priority Schedule City Map with Drainage Problems Numbered DRAINAGE COST CODE COLUMN June 2000 Cost Code Cost Range A Maintenance Activity Less Than $5,000 B Engineering 8~ Construction - $5,000 to $15,000 C Engineering ~ Construction - $15,000 to $25,000 D Engineering ~ Construction - $25,000 to $50,000 E Engineering 8 Construction - $50,000 to $100,000 F Engineering & Construction - $100,000 to $250,000 G Engineering 8~ Construction - $250,000 to $500,000 H Engineering & Construction - $500,000 to $1,000,000 I Engineering 8~ Construction -Greater Than $1,000,000 Drainage Condition & Severity Columns June 2000 The City of Colleyville's drainage problems usually fall into five categories -flooding, erosion, ground water, Ponding and siltation. The following is a recommendation for possible priority criteria: SEVERITY Priority 1. Priority 2. Priority 3. Flooding Flooding Flooding F High Moderate Low Severity Severity Severity F1 F2 F3 Priority 4. Priority 5. Priority 6. Erosion Erosion Erosion E High Moderate Low Severity Severity Severity C E1 E2 E3 O N Priority 7. Priority 8. Priority 9. D Groundwater Groundwater Groundwater 1 G High Moderate Low T Severity Severity Severity I G1 G2 G3 O N Priority 10. Priority 11. Priority 12. Ponding Ponding Ponding P High Moderate Low Severity Severity Severity P1 P2 P3 Priority 13. Priority 14. Priority 15. Siltation Siltation Siltation S High Moderate Low Severity Severity Severity S1 S2 S3 Definitions: 1. F1 Flooding of High severity Potential for loss of life due to flooding conditions. 2. F2 Flooding of Moderate Severity Flooding of residence or commercial structure. 3. F3 Flooding of Low Severity. Street flooding due to flood plain backwater and /or inadequate drainage systems resulting in the prevention or the hindrance of the passage of emergency vehicles or area traffic. Also flooding of private yards. 4. E1 Erosion of High Severity Drainage Basin surface water frequently traversing private property resulting in severe erosion of property. Sink holes forming in road and private property from drainage system. Severe erosion of street. 5. E2 Erosion of Moderate Severity Lateral erosion of drainage channel resulting in moderate damage to private property. 6. E3 Erosion of Low Severity Drainage Basin surface water occasionally traversing private property resulting in minor erosion of property. 7. G1 Ground Water Problem of High Severity Ground Water creates extensive damage to street pavement, curb and gutter and drainage or other structures. 8. G2 Ground Water Problem of Moderate Severity Ground Water creates hazardous or nuisance situation in the way of slime film and/or standing water at sidewalk and drive approach areas. 9. G3 Ground Water Problem of Low Severity Ground Water creates problems of soft areas in the parkway and mosquito breeding. 2 1 ~. P1 Ponding of High Severity Stone water or ground water ponds in gutter to a depth greater than 314 of an inch and results in possible damage to the pavement. 11. P2 Ponding of Moderate Severity Water ponds in drainage channel as a result of scour or inadequate outfall. 12. P3 Ponding of Low Severity Stone water or ground water ponds in gutter or flume to a depth of less than 3!4 of an inch with no damage to the pavement. 13. S1 Siltation of High Severity Siltation of the street gutter or valley gutter resulflng in Ponding of water in the street and deterioration of the pavement andlor hazardous driving conditions. 14. S2 Siltation of Moderate Severity Siltation of drainage channel or flume resulting in erosion of private property andlor resulting in scour and excessive Ponding in channel. 15. S3 Siltation of Low Severity Siltation of the street gutter resulting in Ponding of the gutter less than 3!4 of an inch with no deterioration of the pavement and no hazardous driving condition. 3 Level Drainage Group Column June 2000 1. Problem greatly affects public safety and/or causes extensive damage to private or public property. 2. Problem moderately affects public safety and/or causes moderate damage to private or public property. 3. Problem remotely affects public safety and/or causes remote damage to private or public property. 4. Problem has no affect on public safety and/or damage to private or public property and is mostly of a nuisance nature. Drainage Rank Colmm~ June 2000 Drainage Problems have been sorted first by condition then by severity and then by group. They have then been ranked considering these three cohimns, the reevah~ation of the Drainage Group Column Criteria and consideration of past maintenance experience. 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PI PI Pf PI P)fff ff f f f fffff fff ff W 10 A h A o O ~~ ~ a b ~ fi ~~~ ~ ~~ $ ~ ~ ~ ~ N ~ ~ L ~ d E L ~~ ~~ o ~ ~ ~ ~~ ~a~~ g~ ~ ~~~ j~7 ~Wi1 °~~3 z g~~ ~~ C ~ d u ~~n ~$ y£ ~ ~ ~ ~~ ~ S g~ ~ ~~ a ~~~~ &~a~~~g ~ ~ g~ ~U~~ ~=~~~~~~~~~-~~ ~ ~€ ~~~~~~~g ~~~R ~ ~ ~~~ c.wnnn~Ba33_33~~_w~33~~ ~~ ~~ 3 ~ ~ ~ ~ z~ ~ ~~ 0 3 ~~ o ~ ~ o ~s ~ ~~~~ ~~~~~~ ~ ~g~~ ~ 8(~o~~~~ ~ = q p ~~ N o pp pp O^~f ~~'1~~01O~f mN~lOh ~O~f O~I^9~IA N ~ ~ ~ _~ LLo~cm~'canan~w~m~ac~~'w~mm< a N a ~ y c c ~_ ac a °> w 0 ~~~iin~a~~°~in°~in~o~oo~o~oe°8°ro~ ORDINANCE 0-00-1239 AN ORDINANCE AMENDING CHAPTER 98, ARTICLE IV, SECTION 98-104 OF THE COLLEYVILLE CODE OF ORDINANCES, "SCHEDULE OF DRAINANGE CHARGES", TO BECOME EFFECTIVE OCTOBER 1, 2000. WHEREAS, the City of Colleyville charges a monthly drainage utility fee to each person owning a lot or tract in the City and uses the revenue from these fees to fund drainage improvements; and, WHEREAS, the City of Colleyville desires to sell additional bonds to fund drainage improvements and the repayment of the debt service on the bonds would necessitate an increase in the drainage fee. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT from and after the effective date of this Ordinance, Chapter 98, Article IV, Section 98-104 of the City of Co lleyville Code of Ordinances shall be revised as follows: Monthly Rate Land Use Per Lot or Tract Residential $6.00 Monthly Rate Land Use Per Acre Park $ 9.15 Church $13.07 School $20.91 Business/Commercial - 1 $20.91 Business/Commercial -2 (") $ 9.15 Industrial -1 $20.91 Industrial - 2 (*) $ 9.15 Miscellaneous - 1 $ 20.91 Miscellaneous - 2 (*) $ 9.15 (*) These land use categories are applicable to business/commercial, industrial or miscellaneous land use which does not require the construction of impervious lot cover. Ordinance 0-00-1239 Page 2 of 2 Sec. 2. THAT the effective date of this ordinance shall be October 1, 2000. AND SO IT IS ORDERED. The first reading and public hearing being conducted on the 15th day of August, 2000. The second reading and public hearing being conducted on the 5th day of September, 2000. ATTEST: Jean Harris, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE Donna Arp Mayor Ross T. Foster City Attorney CITY COUNCIL C;~, w ~~ ~~ T[~~i AGENDA BRIEFING Form 09/OS/00 CMO Approval: Item # 11 Ordinance # 0-00-1240 Previous Action: none DEPT. COMMUNITY DEVELOPMENT SUBJECT Approval of a city limit line adjustment between the City of Colleyville and the City of Hurst in the Madison Place Addition located in the 400 block of West Glade Road Second Reading and Public Hearing Update Staff has included a copy of the written "Boundary Adjustment Agreement" between the City of Colleyville and the City of Hurst, which will be signed upon approval of the proposed ordinance by the City Council. The Hurst City Council completed its first reading of the proposed ordinance on August 22"d and the second reading is scheduled for September 12, 2000. To avoid a potential timing gap or overlap of municipal boundaries, the effective date of both the Hurst and Colleyville ordinances is September 25, 2000. (continued) C CITY MA`N1A~GER T~+~. ~ Ra.1- . DEP R MENT HEAD FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Ordinance 0-00-1240 Page 2 First Reading and Public Hearing Background Woodvale Development Inc. has submitted a subdivision plat which, if approved as submitted, includes several lots that will be partially located within the corporate limits of the City of Hurst and partially within the city limits of the City of Colleyville. Staff has been coordinating a city limits adjustment with City of Hurst staff members with the objective of selecting a common boundary line between our cities that would prevent "splitting" residential lots. It makes sense to adjust the corporate limits line to encompass "whole lots" instead of "severed lots" and reduce confusion for the residents that will eventually live in the neighborhood. With no adjustment to the city limits line, there are possible future complications with the collection of building permit fees, building inspection responsibilities and the delivery of routine public services. Chapter 43.031 of the Texas Local Government Code authorizes adjacent municipalities to mutually agree on changes in the municipal boundaries that are less than 1,000 feet in width. The effected area is approximately 50 feet at its narrowest width and approximately 230 feet at its widest width. The attached ordinance establishes the city limit boundaries between Hurst and Colleyville as shown on Exhibit #A. This adjustment will add an area of 37,914.97 square feet (.87 acres) from the City of Hurst to the City of Colleyville and transfer two small areas in Colleyville to Hurst which total 58,472.49 square feet (1.34 acres). The net decrease to the corporate limits of the City of Colleyville amounts to 20,557.52 square feet (.47 acres). These figures are shown in the following table. Analysis of City Limit Adjustment with Hurst Area deducted from City of Colleyville 58,472.49 s.f. (1.34 ac.) Area added to City of Colleyville 37,914.97 s.f. (.87 ac.) Increase (decrease) in square feet (acres) (20,557.52) s.f. (.47 ac.) Recommendation Approval ORDINANCE 0-00-1240 AN ORDINANCE APPROVING A CITY LIMIT LINE ADJUSTMENT BETWEEN THE CITY OF COLLEYVILLE AND THE CITY OF HURST WITHIN THE W. A. DOTY SURVEY, ABSTRACT NO. 420, IN ACCORDANCE WITH CHAPTER 43.031 OF THE LOCAL GOVERNMENT CODE; PROVIDING FOR AN EFFECTIVE DATE; AND AUTHORIZING PUBLICATION WHEREAS, the City of Colleyville and the City of Hurst have mutually agreed to an adjustment to establish a corporate boundary in the W. A. Doty Survey, Abstract 420; and WHEREAS, Chapter 43.031 of the Local Government Code authorizes municipalities to mutually agree on changes in the municipal boundaries that are less than 1,000 feet in width. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the adjustment to the city limit line between the City of Colleyville and the City of Hurst shall be as described in the attached Exhibit "A". Sec. 2. THAT the Mayor is hereby authorized to execute the Boundary Adjustment Agreement attached as Exhibit °B". Sec. 3. THAT this Ordinance shall become effective on September 25, 2000. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2000. Ordinance 0-00-1240 Page 2 of 2 The second reading and public hearing being conducted on the day of 2000. ATTEST: Jean Harris, CMC City Secretary CITY OF COLLEYVILLE: Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney REVISION TO CITY LIMIT LINE BETWEEN CITY OF COLLEYVtLLE AND CITY OF HURST BEING a revision of the location of a portion of the common City Umit line between the City of Colleyville and the City of Hurst, Texas, said line revision being located in the W. A. Doty Surrey, Abstract No. 420, Tarrant County. Texas, and being further located in a portion of a tract of land conveyed to Helen J. Allgood, Trustee of the Allgood Family Trust by deed recopied in Volume 12891, Page 5, Deed Records, Tarrant County, Texas, a portion of a tract of land conveyed to W. E. Allgood by deed recorded in Vdume 2072, Page 66, Deed Records, Tenant County, Texas, and a portion of a tract of land conveyed bo William E. Allgood by deed recorded in Volume 3484, Page 482, Deed Records, Tartant County, Texas. Cumsnt City Umit Une Description: COMMENCING at the southwest comer of the City Limn line of the cities of Cdley+nlle and Hurst, said comer being in the original south right-of~vay line of Glade Road; THENCE N 00°06'47" E along the said Colleyville-Hurst City Umit line for a distance of 54.97 feet to a 'r4" iron rod at the southeast comer of Heathennrood Estates, as recorded in Volume 388-197, Page 37, Plat Records, Tarrant County, Texas, said iron rod being in the west line of said W. E. Allgood tract; . THENCE continuing N 00°06'47" E along the said Colleyville-Hurst City Limit line, the west line of said W. E. AUgood tract. and the east line of Heatherwood Estates a distance of 244.89 feet, for a total distance of 299.86 feet to the POINT OF BEGINNING of the current east west City Umit line between Colleyville and Hurst; THENCE S 89°20'26" E along the said Colleyv~le-Hurst City Limit line for a distance of 1114.74 feet to the end of said City Limit line and the east line of said Helen J. Allgood, Trustee tract. Revised City Umlt Une Description: COMMENCING at the southwest comer of the City Limit line of the cities of Colleyviile and Hurst, said comer being in the original south right-of-way line of Glade.Road; EXhibit "A" THENCE N 00°06'4T E along the said Colleyville-Hurst City Limft line for a distance of 54.97 feet to a h" iron rod at the southeast comer of Heatherwood Estates, as recorded in Vdume 388-197, Page 37, Plat Records. Tarrant County. Texas. said iron rvd being in the west line of said W. E. Allgood tract; THENCE continuing N 00°06'47 E along the said Colieyviile-Hurst City Limit line, the west line of said W. E. ANgood trail, and the east line of Heatherwood Estates a distance of 15.17 feet, for a total distance of 70.14 feet to the POINT OF BEGINNING ofthe revised City Limit line between Colleyviile and Hurst; THENCE N 89°35'50' E for a distance of 87.26 feet to a point for comer; THENCE N 26°24'16" E for a distance of 118.51 feet to a point for comer; THENCE N 18°51'59" E for a distance of 87.94 feet to a point for comer. THENCE N 01°04'35" W for a distance of 90.08 feet to a point for comer; THENCE N 88°55'25" E for a distance of 241.98 feet to a point for comer. THENCE S 86°17'20" E for a distance of 60.86 feet to a point for comer, THENCE N 88°55'25" E for a distance of 479.05 feet to a point for comer, THENCE S 01°04'35" E for a distance of 84.98 fleet to a point for comer, THENCE • S 27°59'13" E for a distance of 86.30 feet tD a point for comer, THENCE S 38°00'43" E for a distance of 151.10 feet to a point for comer; THENCE N 89°35'50" E for a distance of 38.16 feet to a point for comer, THENCE N 01 °36'55" W for a distance of 230.03 feet to the end of said revised City Limit line and the east line of said Helen J. Allgood, Trustee tract. The net area added to the City of Hurst and deducted from the City of Colleyville is 20,557.52 square feet or 0.4719 acres, more or less. W D OOn 'OE Y ~Q. p Q '~~ _ ~ ~ h O ~ h iff ad ~ "' K1 Noutaar xMisna ~ m W M ~ Z ~` - ~~ N ~ ~ R , P omi WYu p ~ ^ 1 ~~a y ~ I ~~~ $ I '~ g v ° ~ ~ I ~ ow ~ °° ~ o x ~ ~ I c I - ~ n gW ~~' ~ W ~ 3 Q n y ~ ~~~ I~ O I J 7 7 D h ~ MI 7/ ~l91 ~ W ~ ~ ~ ~ h I y) 33SSA11l~ N ~ ~ ~I~ ~ ~ C ` I„ r~ V1 f°O ~ ~ ` I O N '/ ` ` ~. I q Er W { U j v ~ I F~~~Q z o ~ ~ ~ ~ W~ T W I W~ ~^ ~~ Z ~N Of I W ~ N U O ~ ~ Z ~ ~ O W N '~ mn I mZ N Z m I ~ O ~ I _ H a~ N `~ . ~ ' ~S 9~t W ~ ~ ~ Io - = u I,n ~ a m o~ ~ ~i ~ z ~ wp~~`. ~ ~ ~A~ - n~c ~~"lI~ h~ Z ' O n N ~y, ~ S~ _ Z ~ b 3 Z ~ ~ m i io . ~ ~ ~ W C~ O n ~ m a U !- a w ~ ~h °~'Z m AUG-28-2000 MON 11;11 AM rt~t nu. r. u. F.XHIB?T B BOUNDARY ADJUSTMENT AGREEMENT AN AGREEMENT BETWEEN THE CITY OF~~TRST AND THE CITY OF COLLEYVILLE AGREEING_TO A BOUNDARY ADJUSTMENT BETWEEl\T THE CITIES gU~,~UA.NT TO SECTION 43.031 OF THE LOCAL GOVERNMENT CODE WHEREAS, the City of Colleyville, Texas, has released its claim of e~-traterritorial jurisdiction to the tracts of land (the "Land") described in Exhibit "A" attached hereto; and WHEREAS, the Land is within the extraterritorial jurisdiction of the Ci1.y of Hurst; and WHEREAS, the Land is less than one thousand (1,000) feet in width at all point.5; and WHEREAS, the City of Hurst and the City of Colleyville, being adjacent to cash other, wish to make mutually agreeable changes in their boundaries as permitted by Section 43.031 of the Local Government Code; NOR1, THEREFORE, the City of Hurst and the City of Colleyville, hereinafter referred to as the Parties, agree as follows: 1. The Parties agree that the property described in Exhibit "A" w;tl become part of the City Limits of the City of Hurst in the manner provided by Section 43.031 of the Local Government Code and the delineated boundary line will be the new boundary line between the two (2) Cities. 2. The City of Colleyville has released and does release its claim to the territory and to its extraterritorial jurisdiction to the approximately 20,557.52 square feet or 0.4719 acres described in Exhibit "~i". 3. 7'he Parties agree that these actions are mutually agreeable and that ndjustmcnts in the boundaries of the two municipalities will be made under this Agreement in the manner intended, as of tho earliest date permitted by Applicable law. 4. The Parties represent that approval of this Agreement by their respective qUG-28-2000 t10N 11 ~ 12 At1 rNn rr~. ~ . uo governing bodies has been completed and that the undersi~-ned officers are authorized to execute this Agreement on behalf of their respective municipality. The Agreement is to be effective on the date of signature of the last of the parties hereto signing the same. CITY OF HTJRST, TEXAS BS ATTEST: By: City Secretary, Alyce Deering Approved as t k'orm: City Attorney, John F. Boyle, Jr. CITY OF COLI~EYVILLE, TEXAS By: ATTEST: $y: City Secrel.ary, Jean Harris Approved as to I~'orm: City Attorney, Ross Foster 2 CITY COUNCIL 1 • '!~ ~~ Tcca> AGENDA BRIEFING For mt .: 09/05/00 CMO Approval: Item # 12 Ordinance # 0-00-1241 Previous Action: None DEPT. COMMUNITY DEVELOPMENT SUBJECT Amending Chapter 3 of the Colleyville Land Development Code regarding temporary buildings used for construction offices First Reading and Public Hearing Background Staff is proposing a revision to the maximum size and building line setback regulations for temporary construction offices. The current regulations prohibit any temporary construction trailers from encroaching into a building setback line. However, it is common practice at a construction site to locate temporary construction trailers away from the building activity that is taking place on the lot. Therefore, it makes sense to allow a temporary construction trailer to locate out of the way of the construction activity, provided it isn't placed immediately adjacent to a property line or create a visibility hazard for a driveway on an adjacent property. (continued) CITY MA AGER Fob $l~ DEP RT ENT HEAD FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Ordinance 0-00-1241 Page 2 Staff also feels that the 1,500 square foot maximum size allowed by the current regulations is too large and is recommending that 900 square feet be established as the maximum size of a temporary construction office. The language which regulates temporary buildings that are used for real estate offices has also been mod~ed to be consistent with the construction office language. Staff is also recommending deleting Section 3.28.A to avoid conflicting regulations. The attached Exhibit "A" contains the existing text from the Land Development Code regarding temporary construction offices with the text proposed for deletion indicated as "strikethrough" and the proposed new text marked as "bold-italicized-underlined." The Planning and Zoning Commission recommended approval of the proposed changes at the August 14, 2000 meeting by unanimous vote. Attached is a copy of the minutes from the August 14, 2000 P & Z meeting. Recommendation Approval Attachments ^ Proposed text revision ^ Planning and Zoning Commission Minutes Exhibit "A" 3.24.DTemporary Buildings and Uses 7. Construction Office - A temporary building for use as a construction office may be permitted in any zoning district durin_g the construction phase of a permanent building. An application fora temporary construction office permit must be submitted on forms supplied by the Building Official's Office and receive approval of the Building Official prior to its placement on the property. TemporaN construction offices shall comply with the following requirements: a. No temporary construction office buildin_a shall encroach within five (5) feet of a property line nor create a visibility hazard for the adjacent property. b. Temporary construction office buildings shall not exceed 900 square feet. c. A temporary construction office building must be removed within ten (70) days after the issuance of the certificate of occupancy of the permanent building. ~, ~, 2. Rea! Estate Sales Office - A temporary building for use as a real estate office maybe permitted in any zoning district provided its use is limited only for the promotion and sale of property on which it is erected or within the same platted subdivision. An application for a temporary real estate office permit must be submitted on forms supplied by the Building Offrcial's Office and receive approval of the Building Official prior to its placement on the property. Temporary buildings used as a real estate o1~ce shall comply with the following requirements: a. Temporary real estate office buildings shall comply with the building setback lines for the applicable zoning district. b. Temporary real estate offrce buildings shall not exceed 900 square feet. c. No more than two (2) temporary real estate office buildings may be located within a subdivision as defrned by a final plat d. A permit for a temporary real estate office building shall be valid for 78 months or until certificates of occupancy have been issued for seventy (70%) percent of the lots within the subdivision, whichever occurs first. e. A model home may be used as a temporary real estate office and shall be exempt from the requirements of paragraphs b, c and d above. 3. Temporary School Classrooms -All zoning districts which allow schools may have temporary buildings used solely for the purpose of classrooms. 3.28.A Reserved Temporary buildings used in association with temporary uses as provided in this Chapter are allowed. No temporary building shall be erected or placed in such a manner that it would encroach in any required front, side or rear yard. No temporary building shall exceed 1,500 square feet in gross building area. There shall not be more than two (2) temporary real estate offices located in any subdivision as such subdivision is described by a final plat, whether such real estate offices shall be used for the sale of lots or of homes. All temporary buildings shall apply for a Certificate of Occupancy issued for an (18) month time period with a (6) month renewal thereafter based on compliance of the building. Planning and Zoning Commission Minutes -August 14, 2000 TABLED ITEM - An amendment to Chapter 3 of the Colleyville Land Development Code regarding temporary buildings used for construction offices. Case Z-00-042 Tom Niederauer presented the case to the Commission. Commissioner Tyler moved to remove the item from the table for discussion. Commissioner Collins seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None Chairman Hart opened the public hearing. There being no one present wishing to speak, the public hearing was closed. Following discussion, Chairman Hart moved to recommend approval of the amendments to Chapter 3 of the Colleyville Land Development Code regarding temporary buildings used for construction offices. Commissioner Hill seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None Planning and Zoning Commission Minutes -August 14, 2000 TABLED ITEM - An amendment to Chapter 3 of the Colleyville Land Development Code regarding temporary buildings used for construction offices. Case Z-00-042 Tom Niederauer presented the case to the Commission. Commissioner Tyler moved to remove the item from the table for discussion. Commissioner Collins seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None Chairman Hart opened the public hearing. There being no one present wishing to speak, the public hearing was closed. Following discussion, Chairman Hart moved to recommend approval of the amendments to Chapter 3 of the Colleyville Land Development Code regarding temporary buildings used for construction offices. Commissioner Hill seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None ORDINANCE 0-00-1241 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, SECTION 3.24.D OF THE LAND DEVELOPMENT CODE, ORDINANCE 0-00-1214, AS AMENDED, REGARDING TEMPORARY USES AND SECTION 3.28.A REGARDING TEMPORARY BUILDINGS; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00- 1214 adopting a Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend Section 3.24.D of Chapter 3 regarding Temporary Uses and Section 3.28.A regarding Temporary Buildings; and WHEREAS, notice of a public hearing has been completed in accordance with the requirements of the Land Development Code and the Texas Local Government Code; and WHEREAS, the City Council is of the opinion that the proposed change herein 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. THAT Chapter 3, Section 3.24.D of the Land Development Code, as amended, is hereby amended to read as follows: 3.24.D TEMPORARY BUILDINGS AND USES 1. Construction Office - A temporary building for use as a construction office may be permitted in any zoning district during the construction phase of a permanent building. An application for a temporary construction office permit must be submitted on forms supplied by the Building Official's Office and receive approval of the Building Official prior to its placement on the property. Temporary construction offices shall comply with the following requirements: a. No temporary construction office building shall encroach within five (5) feet of a property line nor create a visibility hazard for the adjacent property. ord. o-oa~2a~ Page 2 of 3 b. Temporary construction office buildings shall not exceed 900 square feet. c. A temporary construction office building must be removed within ten (10) days after the issuance of the certificate of occupancy of the permanent building. 2. Real Estate Sales Office - A temporary building for use as a real estate office may be permitted in any zoning district provided its use is limited only for the promotion and sale of property on which it is erected or within the same platted subdivision. An application for a temporary real estate office permit must be submitted on forms supplied by the Building Official's Office and receive approval of the Building Official prior to its placement on the property. Temporary buildings used as a real estate office shall comply with the following requirements: a. Temporary real estate office buildings shall comply with the building setback lines for the applicable zoning district. b. Temporary real estate office buildings shall not exceed 900 square feet. c. No more than two (2) temporary real estate office buildings may be located within a subdivision as defined by a final plat. d. A permit for a temporary real estate office building shall be valid for 18 months or until certificates of occupancy have been issued for seventy (70%) percent of the lots within the subdivision, whichever occurs first. e. A model home may be used as a temporary real estate office and shall be exempt from the requirements of paragraphs b,c, and d above. 3. Temporary School Classrooms -All zoning districts which allow schools may have temporary buildings used solely for the purpose of classrooms Sec. 2. THAT the Colleyville Land Development Code, Ordinance 0-00- 1214, as amended, shall remain in place, except where amended by this ordinance. oro. o-oa~2a~ Page 3 of 3 Sec. 3. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec. 4. 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. Sec. 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2000. The second reading and public hearing being conducted on the day of 2000. ATTEST: Jean Harris, CMC City Secretary CITY OF COLLEYVILLE: Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney CITY COUNCIL Cur o/ ~~ TCxaS AGENDA BRIEFING For mt .: 09/05/00 CMO Approval: Item # 13 Ordinance # 0-00-1242 Previous Action: None DEPT. ENGINEERING SUBJECT Approval of aCity-Developer Agreement/Contract with Goodacre Limited Partnership for Westmont Addition First Reading and Public Hearing Background The plat of the Westmont Addition was filed with Tarrant County on August 18, 2000. Zoning for Westmont Addition was granted by Ordinance 0-98-1106. Public improvements associated with this development are currently underway and nearing completion. Staff has reviewed the City/Developer Agreement with Goodacre Limited Partnership and offer the following comments: Paragraph No. 3 states that the Owner/Developer agrees to escrow the City funds in the amount of $175,000.00 less Owner/Developer cost in constructing the trail as stated in the Zoning Ordinance 0-98-1106. 2. Paragraph No. 4 states that the City shall reimburse OwneNDeveloper $13,438.75 for the oversizing cost associated with the 10" waterline installed per the City of Colleyville Water Build-Out Plan. CI MAN GER D ARTMENT HEAD FI L REVIEW (IF NECESSARY) (continued) Agenda Briefing Resolution R-00-1242 Page 2 The State of Texas Local Government Code, Subchapter C. Developer Participation in Contract for Public Improvements provides for a method for "a municipality with 5,000 or more inhabitants" to construct public improvements "without complying with the competitive sealed bidding procedure of Chapter 252". This allows the municipality to take advantage of both a developer's contract prices and timing/coordination of the construction. This subchapter does require that "the contract must establish the limit of participation by the municipality....as determined by municipal ordinance". The local Government Code, Subchapter C., paragraph 212.072 requires the contract must establish the limit of participation by the municipality at the level not to exceed 30 percent of the total contract price. In addition, the contract may also allow participation by the municipality at a level not to exceed 100 percent of the total cost for any oversizing of improvements required by the municipality, including but not limited to increased capacity of improvements to anticipate other future development in the area. Financial Impact Funds for the City's participation in the oversizing of water lines is available from the 1998 Water and Sewer Revenue Bonds. Recommendation Approval of Ordinance 0-00-1242. Attachments #1 -Ordinance 0-98-1106 (Paper Copy Only) ORDINANCE 0-98-1106 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 53.265 ACRES OUT OF THE R.B. WILLIAMS SURVEY, ABSTRACT 1674, TRACTS 26, 2F, 2, AND LOT 1 OF CIRCLE B ESTATES; AND THE D. J. BEDDO SURVEY, ABSTRACT 232, TRACT 2G, IN THE CITY OF COLLEYVILLE, TEXAS, FROM THE AG (AGRICULTURAL) DISTRICT TO THE PUD-R (PLANNED UNIT DEVELOPMENT-RESIDENTIAL) DISTRICT; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by David Bagwell, The David Bagwell Company under Case No. Z-98-014; and, WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before both -the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and 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. THAT the property shown on the attached Zoning Exhibit "A" and described by metes and bounds as indicated on the attached Exhibit "B" shall be rezoned from the AG (Agricultural) district to the PUD-R (Planned Unit Development-Residential) district and the Official Zoning Map and Zoning Ordinance of the City of Colleyville, Texas are hereby amended by the terms of this ordinance. i~ ~ Ordinance O-9&1106 ~ Paye 2 of 13 I ~. Sec. 2. THAT the statement of planning objectives and development schedul ~' attached as Exhibit "C", together with the site plan attached as Exhibit "D' , ~~ and other supporting documents which are incorporated herein by reference. ~ ~ and shall become a part of this ordinance. Sec. 3. THAT the Master Plan of the City of Colleyville, Texas, is hereby amended if applicable, to reflect the rezoning of this property. Sec. 4. THAT the following General Development Standards shall be applicable t~ this development: A. Permitted Uses -the development of this tract of land shall primarily consist of single-family detached dwelling units. B. Subdivision Plat -upon zoning approval, the developer shall submit a Final Plat for approval by the City, said Final Plat shall generally be consistent with the attached site plan. C. Open Space Requirements - this development shall provide open space areas which meet or exceed a minimum of twenty (20) pen~en• of the total land area of the development. Said open space may include the trail system specked elsewhere in this ordinance. The open-space areas shown on the attached site plan shall be owr and maintained by the homeowner's association of this developme,. except where the open space is dedicated as a public trail right-of- way, which shall be the responsibility of the City of Colleyville tc maintain. D. Park Land Dedication Fees -this development shall only be responsible for payment of park land dedication fees of $310.11 per lot. E. Perimeter Street Costs Trail System Costs and Roadway Impact Fees -the developer's obligation for perimeter streets and trail systems shall not exceed a total of $175,000 and the applicants for building permits shall be responsible for roadway impact fees. the payment of which shall be fulfilled as follows: 1) the developer shall build a trail system within or abutting this development in the location where generally shown on the attached Exhibit "E"; said trail shall be constructed in accordance with the technical specifications contained on the attached Exhibit "F" and the developer shall dedicate 25' trail system right-of-way adjacent to right-of-way dedicated for John McCain Road, Westcoat Road, and McDonwell School Road, except as shown on Exhibit "E"; the developer shall additionally pay to the City of Colleyville a cash payment equal to t difference between the total construction costs of the tr system and $175,000. If the total construction costs of the trail Ordinance 0.98-1106 Page 3 of 13 system exceed $175,000, then no additional cash payment from the developer is required for perimeter streets. (2) the City of Colleyville shall collect roadway impact fees upon issuance of every building permit for construction of each single family dwelling situation within this Planned Unit Development, said roadway impact fee shall be determined by dividing the direct total construction costs of the trail system, including but not limited to design, permit and inspection fees, bonds, site preparation, e.g. grading, retaining walls, and seeding, erosion controls, a concrete sidewalk, cleanups, etc., by the number of newly created platted lots minus one (for Lot 1., Block 1, of Exhibit "E".. F. Screening Fence - prior to receiving a certificate of occupancy each builder shall construct a metal tubular fence which is similar to a wrought iron material and plant live shrubs of the "Handing" variety, or other consistent variety approved by the City Manager, according to the specifications of this paragraph. Metal fence shall be similar to the attached Exhibit "G". Shrubs shall be a minimum height of three feet at time of planting and spaced in a row parallel to and a consistent distance ftom the fence on all lots abutting the city owned park property. Shrubs shall be planted three feet (3') on center so as to create a solid screening fence within three years of planting and installed along or adjacent to the common property line on those lots abutting the city owned park property. Said screening fence to be maintained by the property maintenance association of the development and said shrubbery to be maintained and replaced as necessary by the individual lot owners. G. Access -the subdivision plat shall not have public access to John McCain Road. Two access points shall be allowed on Westcoat Road, one of which shall be a gated access for emergency purposes only . Access on McDonwell School Road shall be as shown on the site plan with ga#ed emergency access as shown. H. Maximum Density -the development shall not exceed a density of more than 1.6 dwelling units per acre over the entire development. I. Front Building Setback Lines - minimum 30 feet ,except for lots on Ridge Court, Smallwood Lane, Bartram Lane, and New Forest Lane which shall have a minimum of 25 feet of front building setback. J. Comer Lot Side Building Setback - on a corner lot, the side building setback abutting a street right-of-way shall be a minimum of 20 feet; no front door of a dwelling shall face a side building setback line on a comer lot. K. Side Yard Building Setbacks -aside yard setback as narrow as 6 feet is allowed, provided that a minimum of 20 feet of side yard separation i Ortiinanoe 0-98-1106 Pape 4 of 13 exists between structures on adjacent lots. L. Rear Yard Setback -minimum 25 feet, except for lots on Ridge Court, Smallwood Lane, Bertram Lane, and New Forest Lane which shall i have a minimum of 10 feet of rear yard setback. M. Street Standards and Rights of Wav -streets shall be thirty-one feet (31') wide and be constructed of five (5") inch, 3,000 psi, concretr within a minimum right-of--way width of 50 feet, except for singly loaded streets which may have a 40 foot right-of-way width with a 5 foot utility easement abutting the unloaded side of the street. N. Tangents Between Curves -the minimum tangent distance beiweei curves shall be waived, but shall be approved by the City Engineer. O. Sidewalks -sidewalks shall be required for all lots within thi; development, except no sidewalks shall be required in rights-of-wa3 adjacent to open space areas where a sidewalk is proposed on the opposite side of the same right-of-way. P. Drainage Plan -after approval of the zoning, the developer shah _ submit a drainage and grading plan to be approved by the City Engineer as a part of the Final Plat. The drainage plan shall indicate those lots on which retaining walls are required. A note shall be . placed on the Final Plat stating that builders are responsible for any ~. retaining walls required to obtain a building permit. Drainage sw construction shall be the responsibility of the builders on individt,: ~ lots and shall not be required of the developer for City acceptance of public improvements. Subject to approval by the City Engineer on a case-by-case basis, lot-to-lot drainage may be allowed across two contiguous lots before discharging to an acceptable drainage facility. Concrete pilot channels are discouraged and will only be used where necessary to accommodate drainage concentrations when other drainage.methods are not acceptable. There shall be no prohibition - . - against regrading, expanding, and/or eliminating existing ponds, nor against additional ponds on the property in order to accomplish the storm drainage plan, provided such plan is approved by the City Engineer. Q. Entrvwav Signs - Developer is permitted to erect entry signs including one column on each side of the streets entering the subdivision, said columns may exceed forty-five inches (45") in height, but not to exceed the height allowed by City ordinances. Such entry signs may be constructed within the street right-of--way and/or the triangular medians, provided said signs do not obstruct the view of traffic as determined by the City Engineer. R. Offsite Water. Sewer and Drainage Facilities -the developer shall not _ _ be responsible for costs associated with any offsite water, sewer an~+ drainage facilities necessary for the support of this development. ordinance o•9a-~ ~ os Pagt 5 of 13 S. Private Streets -Developer is permitted to make streets in the western portion of the property served by access to McDonwell School Road private. Sec. 5. THAT the zoning regulations of the City of Colleyville contained in the R-20 District and all other regulations shall remain applicable to this development except where spec~cally provided for in this ordinance. Sec. 6. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in 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. Sec. 7. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalt)r clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 1998. The second reading and public hearing being conducted on the day of 1998. ATTEST: Jean Hams, CMC City Secretary CITY OF COLLEYVILLE Richard Newton Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney ~{ ,i{,{ , • ~ - OF;N ~-~ A-bi {c ~ `Q~~1' ~ t ~ ~, tom"' ~ ~ ~w 2 {E ' r ~ •- '' ~ -~p~ {8 .~ i :~i I ~` ,~.. .~- i -w ,~~ =- - ., :~ }~~ - ~ = ~ ~ - 3 EP ~ A~~ RM B {A, // ~ ~ ~ a ~ ~ / f ~1c3 NL11~:~ ` :: print.. ' s~ - - - {w - - 6 ~ i 1 I~t :Ri ~~ ~ ; ~° ~s ~ fib' ~ ~ I ~ w s •: s ~. Q - NI~- ------- I ~~ ~ ORDINANCE 0-98-1106 cvu~o~r •• w •• PROPERTY DESCRIPTION BEINC the following dsscnbed tract or poreslof Iond situotsd in the R.B. WILUAMS SURVEY, ABSTRACT N0. 1674, and in the O.J. BE000 SURVEY. A13STRAGT N0. 232. To-ront County, Texas, and being o portion of on 80.0 acre tract (F'KSt Tract). 0 10.0 acre tract (Second Tract) and o 26.0 acre tract (Third Troet) as conveyed to A.C. Benedict and wife. Mable Benedict by Dsed recorded in Volume 1892, Poqe 545 of the Deed Records of Torrent County, Texas, and being more portieulorly describe os follows: BEGINNING of on old iron rod at the Southeast corner of Lot 3. Block 1. Neidhat Addition. on Addition to the City o/ Cogeyvile. Torrent County, Tsxos. according to the Pbt recorded in Volume 388-123. Pops 64 of the Plot Records of Torrent County, Texas. and being the most Easterly Northeast corner of o 15.0 acre tract os conveyed to Jerry W. Neidhat by Deed recorded in Volume 4779, page 614 of the Oesd Records of Torrent County. Texas. and being in the West tine of sold R.B. Williams Survey and the Eost ine of the O.J. Beddo Survey, Abstract No.232, Torrent County. THENCE North 0 degrees 33 minutes 17 seconds Eost. o dstonce of 406.57 test to on ofd iron rod in the south ine of John AlcCoin Rood: THENCE South 87 degrees 06 m'rwtss OS seconds East. along the South ine of sold John AAeCoin Rood, o diatonce of SD6.24 feet to on 'ran rod: THENCE South 87 degrees 09 mirwtea 40 seconds East. aong the South ins of said John McCain Rood, o distones of 102.08 feet to on iron rod and being in the Westerly ine of Westcoot Rood: THENCE South 36 degrgs 33 minutes 07 seconds Eost. obng •the Westerly ine of sad Westcoot Rood, o distance of 60.55 feet to an iron rod: THENCE South 41 degress 45 minutes 25 seconds Eost. along the Westerly ine of sold Westcoot Rood, a distance of 13.49 feat to on 'eon rod: THENCE South 4 degress 04 mirwtes 20 seconds East. Gong the Westerly ine of sold Westcoot Rood, o distance of 48.75 feet to on 'ran rod and being in the West line of said Westcoot Rood: THENCE South 16 degress 42 nrrwtes 11 seconds West, aorp the Wsst ine of sold Westcoot Rood, o distance of 620.41 fast to on old iron rod of the Northeast co-nsr of Lot 1, Block 1. Circle 8 Estate. on AddiCwn to the City of Collsyvie, Tarrant County, Tsxos: THENCE North 89 degrees 32 minutes 13 seconds West. o distance of 5.21 feet to on rcon rod found: THENCE South 16 degrees 30 mirwtes 36 seconds West. o distance of 600.03 feat to on iron rod found: THENCE South 89 degress 31 niiewtes S7 seconds East. o distance of 5.20 feet to on -iron rod found: THENCE South 16 degrees 32 minutes 22 seconds West, along the West ir-s of said. Westcoot Rood. o distance of 193.30 feet to the beginning of o curve to the right having o rod'nis of 1987.4 feet whose center bears North 73 degrees 26 minutes 03 seconds West, o distance of 1987.4 feet: THENCE Southwesterly along said curve and along the West ine of said Westcoot Rood and though o centre angle of 12 degrees 46 minutes 00 seconds. o rodws of 1987.4 feet to on iron rod found: THENCE South 29 degrees 18 minutes 22 seconds Wsst, aonq the West ine of sold Westcoot Road, o distance of 371.49 feet to on iron rod of the begin~q of o curve to the kft having o radius of 803.13 feet whose center bears South 60 degrees"40 minutes Eoat, a distance of 803.13 feet: THENCE Southwesterly aonq said torus and obnq the West ine e/ said Westcoot Rood and through o contra angle of 27 degrees 03 minutes 59 seconds, o distance of 379.4 feet to on iron rod of the intersection of the West tine of soid• Westcoot Rood with the North ine of McDonwel{ School Rood: THENCE North 89 degrees 48 niirwtes 23 seconds West, along the North ine of sad Mc0onwep School Rood, o distance of 756.45 feet to an iron rod: THENCE North 00 degrees 28 minutes 34 seconds Eost. o distance of 1286.64 feet to on iron rod: THENCE South 89 degrees 27 minutes 41 seconds Eost, o distance of 646.89 feet to on old iron rod of the southeast corner of sad 15.0 acre tract: THENCE North 00 degrees 02 minutees 48 seconds West, o distonceof 910.04 feat to on iron rod and being in the North ine of soid 80.0 acre tract and the South ine of o 4.286 oer• tract es conveyed to Jerry Neidhott by Detd recorded in Vokune 3881. Poqe 655 of the Oeed Records of Torrent County Texas fo the POINT OF BECMINING. containing 53.285 ones or 2,320,234 square feet of load mor• or less. ORDINANCE 0-98-1106 EXHIBIT "B" BENEDICT/1-IcPI~~ON ZpMNG gFQUEST 5 ugptem~tal Inf ormat<oa p~p_~ SpECIAE CONDITIONS ~ ,parrying document STA OF G OBJECTIVES Objective ltL Preserve bo file e:ctent pra~cal ai~a ~ katures of the property (ate. ~E ~) ~ _ _ __ .. nor Objective RZ Preserve t~+e vse buffer at tits ~ eta of fire residential Iand P~ devetop~cc~e~nt (adjacent to of o~ ~LcC.aiaRoad) School Road and a ~~ j of CoII a foot by wears of a trade with Lat d 7.9 aces of ~ sarplus park ~'Y- Provide seig~borhood recreational and arc err ~ by ntears of pdoatz open Sp~- With apFroodatatPly ~i'o of the development's laced committed m public and private open spats, smaller Iot sizes are aecessarg bo offset Ions of revenue and Ingh vests of devetop~nettt. - DEVELOPMENT SCHEDULE ~ . r~nti~ipated first home sales are in 1999 with Last home sates Forecast in the year 2001. ~ ' STA OF PROPOSED O~'V'NERSHIP Ittitially, aI1 land will be owned by the developer. Upon of pnbtic ' is (struts, drairaoe and utilities) or at a later atut~y acceptable to the City of Co1ley~ville and to the developer nontrade park larul would be dedicated. Private ovm~p of open o~iNEwcE o-9a.»os ~vu~n.t ur-~. would be ~mpiished with the creation of a property o~ assodation. TO BE PROYIDID yVaber and sardtary sewer ~~ wz'11 be provided brow eristiag Imes nearby. ~~~ ~ m~.d CC~u~t ORDINANCE 0-98-1106 E~ ~ J V ~ _r ~ ~'~ ~_ i! ~Y ~- _ ~ ~~ ~! :~ •~~ r ~-I~•~ I ~~ _~ j S~~ N~~if' ~ .~-~i i i ~, ~~ ..._ J~~ <<~ _.~-~' ~~ a ~s" a ;•~,~ *~'. JWJ _~ O m ~ ~ E! ~~ ~ ~ s ~~ ~ Z~~'a~ ~~;~~ ~ ~~ ;~~ o ~~ ~ ~~ o~ ~ ~ ~ h, ~,; , N ~~ Y ~ ~ . ry ~. r, •~~ ~' ~ ~ • ~;s= e ~" .~ #~ ~ .. / ~ -~ ~ ~~ ~I' ~ .. X11 t!.t~iijllh i' t •~~ 1 l~~ ~sl i t t t i~ i i w t' I I 1 ~:~ i~ ~i! Ili i ~ ~ i~ slUp 1 i :. i ~ M,(s:l i u~ a : .. i ~'~~~ ~ , i ~h ig14 ~ N ~s 1~ 1~ ~ ~` I 111;1;1 G{ ;I~ b '..,.~..~. ' ~ j i .:I: ~~,~td; I p 1, h 1; R t' 1 I i I~i;t I.i ii: --.._...i 1~ 1,«'~ p k ~ p ~ ~ .ilk; l { I tti ~ 1is ~ F, ~~..~ ~ rt~'.iipiir""rilr~s::iiii!~~i i:;1~~ it s"'~'si°"' 1____-____-- assllWtuiillt!liliilllllltllsli;IGlt'~lil .ORDINANCE 0-98-1106 EXHIBIT "D" ~~ _, ~;~,:; . SSt~st-i }4~ ~l vA / I j ;~i ~°' !/ ~ -.._._.~ „~~ ~;• li i a ~~ i~~! !~ •'~ { ~I i~ i'•'i; i. i$~i i t {{ . ~ j ~~ ~~ i s T t ORDINANCE 0-98-1106 EXHIBIT "E" --- SPECIFICATIONS FOR COLLEYVILI.E TRAIL SYSTEM: A The multi-use trail will be constructed at a point at the westemrrwst line of the PreP~Y on John McCain Road, east along JotYt McCain Road, south along Westiooat Road, and west along IIAcDonwell Sd~ool Road to the westerrurlost point of the property along McDonweii Sctwol Road as illustrated in Exhibit'D'. B. ~ The trail right-of~ray width shall be no less than 25 feet nor more than 50 feet at all points of the trail.. C. The right-af way will be dedicated to the Cry at the time of platting. The exact configuration will he determined at that time. D. The trail shall be no less than ten feet (10r) wide oonaete construction with two feet (2') wide improved shoulders. The trail edge shall be no closer than seven and one-half feet (7-1/Z) tD the edge of eitl~er right-of~ray line. A clear, level and flat two feet (~ wide shoulder on each side shall t~e~provided throughout the length of the trail, and should tie widened b~ up to five feet (S) if side-slopes are present, such as when crossing over culverts or drain pipes. ._ . E The trail shag be oonstrucfied of 5 inch (5'~ lhidc concrete reinfoned with *;i re-bars l eighteen irx;hes (18") center bo center each way. F. Bridges. wlverts or special intersection tneatrn~ts as required by the City Engineer shall tie constructed st the expense of the developer. y. - ~~ .CROSS SECTION TRAIL CROSS SECTION for 6AGWELL-WESTMONT . ORDINANCE 0-98-1106 EXH181T "F° _. _ _ _ __ f „O-, 9 „~ „~ ;,, ,,, , ~: c c W a a 0 J W W F- W N Z_ 1 Q Q J N N W H Z W V H N Z l~W S' ~; m~ O V _m v~ w cV LU Q V ORDINANCE 0-98-1106 EXHIBIT :`G" ORDINANCE 0-00-1242 AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT FOR PUBLIC IMPROVEMENTS BETWEEN GOODACRE LIMITED PARTNERSHIP AND THE CITY OF COLLEYVILLE, TEXAS FOR WESTMONT ADDITION WHEREAS, Goodacre Limited Partnership (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 hereby entered into a City- Developer Agreement/Contract for the Westmont Addition, which species 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 Developer shall construct the improvements and the City shall participate in their cost. - Sec. 2. THAT the City's total cost participation ($13,438.75) does not exceed thirty percent (30%) of the total contract price. Sec. 3. 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. Sec. 4. 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. Sec. 5. 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. Sec. 6. THAT all of the Developer's books and other records related to the project shall be available for inspection by the City. Ordinance 0-00-1242 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2000. The second reading and public hearing being conducted on the day of 2000. ATTEST: Jean Harris, CMC City Secretary CITY OF COLLEYVILLE Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney CITY COUNCIL ~i~>• n~ ~, ~~ 7cxa> AGENDA BRIEFING For mt .: 09/05/00 CMO Approval: Item#: 14 Ordinance # 0-00-9243 Previous Action: None DEPT. FINANCE SUBJECT Amending Ordinance 0-98-1117, City of Colleyville Investment Policy First Reading and Public Hearing Background Annually, staff reviews the City's investment policy and recommends updates or revisions to the policy, based upon legislative changes or policy improvements recommended by Government Treasurer's Organization of Texas. The following changes are proposed by section: 1. Scope -add all new funds created since the last update, 2. Permissible Instruments -add the ability to have a direct repurchase agreement with a financial institution doing business in the State of Texas, 3. Collateral - add the ability to accept a surety bond as collateral. The permissible instruments and collateral changes proposed are authorized under the Public Funds Investment Act (PFIA) and Public Funds Collateral Act, respectively. The ordinance contains the investment policy with the proposed changes underlined. A section in the PFIA requires that an entity's governing body review the investment strategy of the entity annually. The City's investment strategy is contained in the section entitled "Investment Strategy" and is presented for the Council's review. V f CITY MANAGER DEPART D FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Ordinance 0-00-1243 Page 2 of 2 Recommendation Approval of Ordinance 0-00-1243. ORDINANCE 0-00-1243 AN ORDINANCE REVISING THE CITY OF COLLEYVILLE INVESTMENT POLICY BY AMENDING ORDINANCE 0-98-1117 AND PROVIDING AN EFFECTIVE DATE WHEREAS, review of the City of Colleyvitle's investment policy necessitates an update of the City of Colleyville's investment policy as adopted by Ordinance 0-91- 834 and amended by Ordinance 0-96-1051 and Ordinance 0-98-1117; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT "Exhibit A" of this ordinance be adopted as the City of Colleyville's Investment Policy and it replaces "Exhibit A" contained in Ordinance 0-98- 1117. Sec. 2. THAT this ordinance shall become effective on the date of passage. AND IT IS SO ORDERED. The first Reading and Public Hearing being conducted on September 5, 2000. The second Reading and Public Hearing being conducted on September 19, 2000. ATTEST: Jean Harris, TRMC, CMC City Secretary APPROVED: Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Fxf~ ~ b%f A CITY OF COLLEYVILLE INVESTMENT POLICY Scope This investment policy applies to all financial assets of the City of Colleyville ("the City"). These funds are accounted for in the City's Comprehensive Annual Financial Report and include: General Fund Utility Fund Debt Service Fund Capital Projects Fund Voluntary Park Fund Sesquicentennial Fund Special Donation Fund Park Land Dedication Fund Crime District Fund Drainage Utility Fund Tree Preservation Fund Community Center Development Fund Community Center Building Fund Recycling Fund Police Asset Forfeiture Fund Voluntary Library Fund TIF Fund Kidsville Maintenance Fund and any new fund created by the City Council, unless specifically exempted by the City Council. Objectives Safety of principal is the foremost objective of the City in managing its portfolio. The City will also maintain sufficient liquidity to provide adequate and timely working funds. The City investment portfolio shall be designed with the objective of regularly exceeding the weighted average return on thirteen week Treasury bills. This is considered a benchmark for riskless investment transactions, and therefore, is a minimum standard for the portfolio's rate of return. For bond funds which fall under the arbitrage provisions of the Tax Reform Act of 1986, the City will attempt to earn allowable bond yield with market conditions permitting. Delegation of Authority The City designates the Investment Officers to be the City Manager with overall responsibilities to see that investment objectives are accomplished and the Finance Director with the specific day-to-day performance of managing the funds of the City. Ethics and Conflict of Interest All investment Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees shall disclose to the City of Colleyville and Texas Ethics Commission a statement under the following conditions: A. If they have a personal business relationship with a business organization offering to engage in an investment transaction with the entity. Under the Public Funds Investment Act, a personal business relationship is defined as: 1. the investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization: 2. funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or 3. the investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment officer. B. If they are related within the second degree by affinity or consanguinity, as determined by Chapter 573 V.A.T.C.S. to an individual seeking to sell an investment to the City of Colleyville Prudence The standard of prudence to be used by investment officials shall be the "prudent person" which means the officer may not be an expert but is obligated to act responsibly and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Investment officers shall notify the City Council in writing of any conflicts of interest, as defined by the Public Funds Investment Act, no later than the next regularly scheduled Council meeting. It is the policy of the City that the Investment Officers perform their duties in accordance with the policies and procedures set forth in this policy. The Investment Officers of the City (City Manager and Finance Director and the Assistant to The Finance Director (acting in the Finance Director's absence)) shall be personally indemn~ed in the event of investment loss provided the Investment Policy is followed. Internal Controls The Finance Director shall establish a system of written internal controls which shall be reviewed annually by the independent auditor. The controls shall be designed to prevent the loss of public funds due to fraud, error, misrepresentation, unanticipated market changes or imprudent actions. Permissible Instruments The following is a list of permissible instruments as authorized by the 70th Texas Legislature in the Public Funds Investment Act (TEX. REV. CIV. STAT. ANN. ACT 842A-2) and amended by the 71th Legislature: 1. obligations of the United States or its agencies or instrumentalities; 2. direct obligations of the State of Texas or its agencies; 3. other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States or its agencies or instrumentalities; 4. obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to investment quality by nationally recognized investment rating firm and having received a rating of not less than "A" or its equivalent; 5. certificates of deposit issued by state and national banks and domiciled in the state that are: a. guaranteed or insured by the Federal Deposit Insurance City, FSLIC or its successors; or b. secured by obligations that are described by subdivisions (1) through (4) of this subsection which are intended to include all direct federal agency or instrumentality issued mortgage backed securities, and which have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the investing entities; 6. invest in a local government investment pool as authorized by the Interlocal Cooperation Act (TEX. REV. CIV. STAT. ANN. ACT. 4413 (32c), as amended, and the Public Funds Investment Act (TEX. REV. CIV. STAT. ACT. 842a-2), as amended. The investment pool must comply with the requirements of the Public Funds Investment Act, as amended, as follows: a. the investment pool maintains Public Funds Investment Act; b. the investment pool maintains recognized rating agencies; a stable asset value as defined in the a AAA rating by one of the nationally c. the investment pool's maximum average dollar weighted maturity does not exceed 90 days; and d. the investment pool's continued compliance with the remaining provisions of the Public Funds Investment Act. 7. Direct repurchase agreements with primary security dealers or financial institutions doing business in the State of Texas having a defined termination date, and secured by U.S. Government or federal agency securities, provided that the ownership of collateral for the repurchase agreement is transferred to the City, and deposited with a safekeeping agent for the duration of the contract and a signed master repurchase agreement has been executed with the counterparty. 8. SEC-registered no-load money market mutual funds with a dollar weighted average portfolio of 90 days or less whose assets consist exclusively of United States Government Securities whose investment objectives include seeking to maintain a stable net asset value of $1.00 per share. Investment in mutual funds shall be limited to a maximum of ten percent (10%) of the City's available funds. Unacceptable Investment Instruments The following securities, although authorized by the Public Funds Investment Act, are not eligible investments for the City: Collateralized mortgage obligations 2. Commercial paper 3. Banker's acceptances 4. Reverse repurchase agreements 5. No-load mutual funds other than no-load money market mutual funds 6. Guaranteed investment contracts 7. Share certificates of qualifying credit unions Investment Strategy The investment strategy by type of fund is as follows: (1) Operating Funds The investment strategy for operating fund(s) is to assure that anticipated cash flows are matched with adequate investment liquidity. A secondary objective is to create a portfolio which will experience minimum volatility during economic cycles. These funds shall not have an investment with a stated maturity greater than eighteen (18) months. (2) Debt Service Funds The investment strategy for debt service fund(s) is the assurance of investment liquidity to cover the debt service obligations on the required payment date. Investments purchased shall not have a stated final maturity date which exceeds the corresponding debt service payment date. (3) Reserve Funds The investment strategy for reserve fund(s) is the assurance of investment liquidity adequate to cover the debt service obligations not funded by debt service funds on the required payment date. Investment of reserve funds are controlled by their ordinance, resolution or indenture, and Federal and State law. Bond documents must be examined for each issue, for potential differences with this policy concerning investment instruments, maximum maturity or average life restrictions, call dates or sinking fund redemptions, and applicable arbitrage yields and rebate liability. Provisions contained in the bond documents will supersede provisions of this policy. Reserve funds will be invested using a more conservative approach than the current standard investment strategy when arbitrage rebate rules require refunding excess earnings. All excess earnings received will be segregated to allow a proper determination of interest income to be used in the arbitrage calculation. (4) Special Project or Special Purpose Funds The investment strategy for special projects or special purpose fund portfolio(s) will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The states final maturity dates of securities held shall not exceed the estimated project completion date. Funds in excess of defined construction payment schedules shall be limited to a maximum final maturity date of three years. Maturity limitations for single issue reserve funds shall not exceed the sooner of five (5) years, the call provisions of the bond ordinance, or the final maturity of the bond issue. A. Diversification The City will attempt to limit the risk of loss through diversification of its portfolio and to achieve the aforementioned investment strategies by diversification of instruments. Maximum Diversification by Instrument U.S. Treasury Obligations (Bills, Notes and Bonds) U.S. Government Agency Securities and Instrumentalities of Government Sponsored Corporations Certificates of Deposit (CD's) Commercial Bank's Local Government Investment Pool Tri-Party Repurchase Agreement SEC registered, no-load mutual fund Percent of Portfolio 100% 75% 75% 75% 75% 10% Competitive Selection of Investments On all funds invested in instruments as listed in "Permissible Investments" numbers one through five, oral bids shall be requested from at least two broker/dealers or national banks. The City will accept the bid which provides the highest rate of return within the maturity required and within the parameters of this policy. Records will be kept of the bids offered, bids accepted, and a brief explanation of the decision which was made regarding the investment. Qualified Institutions Each year in December the City Council shall approve five financial institutions for investment purposes as recommended by the Finance Director. All firms shall answer the Broker/Dealer questionnaire (Appendix A) and submit their most recent audited financial statements to the City Council before for evaluation of credit worthiness. All personnel in the firms who will be trading or quoting securities to the City Council must maintain a current NASD license and be registered to deal securities in the State of Texas. An investment certification form (Appendix B) on the firm's letterhead signed by a principal of the firm must be on file with the City. Safekeeping All marketable securities purchased by the City shall be held in third party safekeeping by an institution designated as primary agent. All securities will be delivered to the third party institution by seller. Personnel in the third party institution will verify the correct security was delivered by the seller ("delivery vs payment"). The third party institution shall issue a safekeeping receipt to the City listing the specific instrument, rate/yield, maturity, CUSIP, and other pertinent information. Collateral on deposit type securities which exceed the FDIC coverage shall be held in a third party safekeeping institution. In the event a third party safekeeping institution is used, a collateral agreement shall be executed between the City Council, depository which pledged the collateral, and the third party custodian of the collateral. The City will retain possession of all original safekeeping receipts and the receipts will state the security is pledged to the City. Either the City Manager or the Finance Director must approve release of collateral in writing prior to its removal from the safekeeping account. Collateral Securities for Certificates of Deposit and Demand Accounts The City will accept as collateral for its Certificates of Deposit and demand accounts the following securities: A. FDIC coverage B. U.S. Treasury bills, notes and bonds C. United States Agency and instrumentalities bills or notes D. GNMA mortgage backed fully modified pass through securities E. Texas state, city county or school bonds with a remaining maturity of seven years or less and a rating of "A" or better by Moody's and Standard and Poor's. F. Surety Bond Collateral shall be "marked to market" monthly by the Finance Director. The following percentages constitute the minimum market value for collateral instruments which are pledged for the City's Certificates of Deposit and demand deposits. Form of Collateral Pledged Collateral Ratio 1. U.S. Treasury bills, notes, and bonds a. maturing within 1 year 102% b. maturing in 1-5 years 105% c. maturing in more than 5 years 110% 2. Actively traded U.S. Government Agency securities a. maturing in less than 1 year 103% b. maturing in 1-5 years 107% c. maturing in more than 5 years 115% 3. GNMA mortgage pass through securities 115% 4. Entities in the State of Texas bonds General Obligation Bonds a. maturing in less than 1 year 102% b. maturing in 1-5 years 105% c. maturing in more than 5 years 107% Revenue Bonds a. maturing in less than 1 year 105% b. maturing in 1-5 years 110% c. maturing in more than 5 years 115% Collateral shall be audited annually be the City's independent auditor and may be audited by the City at anytime during normal business hours of the safekeeping bank. Arbitrage The Tax Reform Act of 1986 places limitations on the City's yield from investing certain tax- exempt bond proceeds, debt service funds and reserve funds. The rebate provisions require that the City compute earnings on investments from certain issues of bonds on a periodic basis to determine if rebate is required. To determine the City's arbitrage position, the City is required to calculate the actual yield earned on the investment of the funds and compare it to the yield that would have been earned if the funds had been invested at a rate equal to the yield on the applicable bonds sold by the City. The rebate provisions state that periodically (not less than once every five years and not later than sixty days after maturity of the bonds), the City is required to pay the United States Treasury a rebate of any excess earnings. These restrictions require extreme precision in the monitoring and record keeping of investments, particularly in computing yields to ensure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The investment strategy for bond funds which fall under the arbitrage provisions of the Tax Reform Act of 1986, is that the City will attempt to eam maximum allowable bond yield with market conditions permitting. Reporting Requirements The Finance Director shall issue a written report quarterly to the City Council concerning the City's investment transactions for the preceding quarter and describing in detail the investment position of the City as of the end of the quarter indicating the market values of all investments held during the quarter. The report shall list for each investment held during the quarter: the purchase price of the investment, the par value of the investment, the market value of the investment at the beginning of the quarter, market value of the investment at the end of the quarter, the market change from the beginning until the end of the quarter, and fully accrued interest for the period. This report shall be in compliance with provisions of the Public Funds Investment Act, as amended. The report shall be signed by the City Manager and Finance Director. Training Requirements Both the Finance Director and Assistant to the Finance Director shall complete ten hours of training every two years as required by the Public Funds Investment Act. This training may be obtained from the following sources: North Central Texas Council of Governments, Government Treasurer's Organization of Texas, Government Finance Officer's of Texas, or Texas Municipal League. The training must include education in investment controls, security risks, strategy risks, market risks, and any other topics as required by the Public Funds Investment Act. Appendix A CITY OF COLLEYVILLE BROKER/DEALER CERTIFICATION QUESTIONNAIRE 1. Name of Firm 2. Address 3. Telephone -National Local 4. Primary Representative /Branch Manager 5. Is your firm a primary dealer in U.S. Government securities? If so, how long? 6. Identify all personnel who will be trading or quoting securities to our City's employees. 7. Identify which personnel have read the City of Colleyville's investment policy. 8. Please indicate the current licenses of your representative(s) and attach a copy of their registration. Representative Name(s) License(s) 9. Have any of your public sector clients ever reported to your firm, its officers or employees, orally or in writing, that they sustained a loss (in a single year) exceeding 10 percent of original purchase price on any individual security purchased through the firm? 10. Has your firm consistently complied with Federal Reserve Bank's capital adequacy guidelines? As of this date, does your firm comply with the guidelines? 11. By what factor does your firm presently exceed the capital adequacy guidelines. 12. Please attach a sample of any confirmations or transactions reports that the City will receive after a transaction has occurred. 13. Does your firm participate in the S.I.P.C. insurance program? If not, what is the comparable alternative? 14. What percentage of your transactions failed last month? Last year? 15. Describe the precautions taken by your firm to protect the interests of the public when dealing with governmental agencies as investors. 16. Please attach a copy of your firm's most recent audited financial statements. (Condensed statements are acceptable) Appendix B (To be completed on your firm's letterhead) Texas Public Funds Investment Act Certification by Business Organization This certification is executed on behalf of the City of Colleyville, Texas ("the Investor"), and name of firm) ("the Business Organization") pursuant to the Public Funds Investment Act, Chapter 2256, Texas Government Code, (the Act) in connection with investment transactions conducted between the Investor and the Business Organization. The undersigned Qualified Representative of the Business Organization hereby certifies on behalf of the Business Organization that: The undersigned is a Qualified Representative of the Business Organization offering to enter an investment transaction with the Investor (Note: as such terms are used in the Public Funds Investment Act, chapter 2256, Texas Government Code) and 2. The Qualified Representative of the Business Organization has received and reviewed the Investment Policy furnished by the Investor and 3. The Qualified Representative of the Business Organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Business Organization and the Investor that are not authorized by the Investor's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the Investor's entire portfolio or requires an interpretation of subjective investment standards. Qualified Representative of the Business Organization Signature Name Title Date CITY COUNCIL ~i~r ~~ 1~ ~, n W J tr~,s AGENDA BRIEFING For mt .: 09/05/00 CMO Approval: Item # 15 Resolution # R-00-1709 Previous Action: None DEPT. PUBLIC SERVICES SUBJECT Authorizing the Texas Department of Transportation to hire an engineering firm to design the improvements to SH 26 Reading and Public Hearing Back4round Colleyville Blvd. (SH 26) is the most important road in Colleyville for both the movement of traffic safely and efficiently and also as an economic corridor. SH 26 improvements is one of the top five priorities established by the City Council. On April 20, 1999 City Council approved Resolution R-99-1498 authorizing a project for °Widening of Colleyville Blvd. (SH 26) from Cheek-Sparger Rd. to Big Bear Creek" for possible funding under the CMAQ and STP-MM Programs as part of the 1999 NCTCOG Call for Projects. Subsequently the Regional Transportation Council in their Transportation Improvement Program (TIP) funded this project. CITY MANAGER DEPARTMENT HEAD (continued) FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-00-1709 Page 2 In order to attempt to expedite this important project, staff under the guidance and consent of both North Central Texas Council of Governments (NCTCOG) and Texas Department of Transportation (TxDOT) proceeded to develop a Request for Proposals; received proposals from engineering firms; to interview selected firms; and to select and recommend the engineering firm of Teague, Nall and Perkins (TNP) to the City Council. The City Council did approve a contract with TNP for the engineering of SH 26. No work has started on the engineering contract as the TIP was just approved in July 2000. In the meantime, NCGCOG and TxDOT have reconsidered their position on Colleyville completing the engineering on this project. Two primary factors have been brought forward: 1. The estimated cost of the construction has increased. NCTCOG would like to utilize all of Colleyville's funding for construction instead of a portion for engineering and the remainder for construction. 2. TxDOT has committed to do the engineering utilizing a different TxDOT fund that will not impact the TIP funds for the SH 26 project. Therefore, all of the TIP funding from Federal, State, and Local sources can be used for the construction of the project. On August 30, 2000 TxDOT Fort Worth District Engineer, Steve Simmons, committed to hire an engineering firm within four months from receipt of a resolution from Colleyville City Council requesting TxDOT proceed to engineer SH 26. Note: TxDOT's standard is six months to hire an engineering firm. District Engineer Simmons also stated that they would work with the City to receive design suggestions and work with the business owners to address their concerns. Financial Impact None Recommendation Approval of Resolution R-00-1709. RESOLUTION R-00-1645 A RESOLUTION AUTHORIZING THE APPROVAL OF THE PROFESSIONAL SERVICES CONTRACT WITH TEAGUE NALL AND PERKINS, INC. FOR THE COLLEYVILLE BOULEVARD (S.H. 26) ROADWAY IMPROVEMENTS WHEREAS, Colleyville Boulevard (S.H. 26) Reconstruction has been in negotiations since June 1999 with Texas Department of Transportation and North Central Texas Council of Governments; and WHEREAS, funding of $30.4 million dollars was approved December 9, 1999 with the Regional Transportation Council; and WHEREAS, requests for proposals were received from twelve engineering firms; and WHEREAS, City staff conducted interviews with four firms for professional services, on March 8, 2000 in which Teague Nall and Perkins was selected; and WHEREAS, City staff has conducted numerous meetings with Teague Nall and Perkins to define the scope of work and negotiate a contract; and WHEREAS, the project scope of services will be completed in four phases (Phase (- Schematic Design; Phase II-Preliminary Design; Phase III-Final Design; Phase IV-Construction Administration). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Professional Services Contract - Phase I with Teague Nall and Perkins, Inc. for an amount not to exceed $1, 397,150.00 is approved. Resolution R-00-1l: Page 2 of 2 AND IT IS SO RESOLVED. PASSED BY A V~3TE OF J~ A ES, ~_ NAYS, AND ~,_ ABSTENTIONS ON THIS THE 211- DAY OF , 2000. ' ATTEST: a~~ (J n Harris, TRMC, CMC ~ City Secretary CITY OF COLLEYVILLE onna Arp Mayor RESOLUTION R-00-1709 A RESOLUTION REQUESTING TEXAS DEPARTMENT OF TRANSPORTATION TO HIRE AN ENGINEERING FIRM TO DESIGN THE SH 26 (COLLEYVILLE BLVD.) IMPROVEMENTS AND RESCINDING RESOLUTION R-00-1645 WHEREAS, State Highway 26 (Colleyville Blvd.) is an on-system Texas Department of Transportation (TxDOT) facility, and WHEREAS, State Highway 26 (Colleyville Blvd.) from Cheek-Sparger Road to Big Bear Creek has been authorized for funding of the engineering and construction of the roadway improvements by the Regional Transportation Council's Transportation Improvement Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Texas Department of Transportation is hereby requested to design the SH 26 (Colleyville Blvd.) roadway improvements; and Sec 2. THAT Resolution R-00-1645, a Resolution authorizing the approval of a Professional Services Contract with Teague, Nall and Perkins, Inc. for the Colleyville Blvd. (SH 26) Roadway Improvements is hereby rescinded. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS, AND ABSTENTIONS ON THIS THE DAY OF 1999. ATTEST: CITY OF COLLEYVILLE Jean Harris, TRMC, CMC Donna Arp City Secretary Mayor CITY COUNCIL [~~` nr ~' ~ ~~ T «,; AGENDA BRIEFING For mt .: 09105!00 CMO Approval: Item#: 16 Resolution # R-00-1710 Previous Action_ None DEPT. CITY MANAGER'S OFFICE SUBJECT Authorizing the City Manager to work with the North Central Texas Council of Governments staff to explore alternative east-west transportation corridors in Colleyville Reading and Public Hearing Background Representatives of the North Central Texas Council of Governments Regional Transportation Council have requested that the City of Colleyville work with them to explore altemative east-west transportation corridors within the City. Correspondence concerning this issue is attached. Recommendation Approval of Resolution R-00-1710 Attachment Letter to Michael Morris CITY MANAGER DEPARTMENT HEAD FINANCIAL REVIEW (IF NECESSARY) August 31, 2000 Mr. Michael Morris Director of Transportation North Central Texas Council of Governments P. O. Box 5888 Arlington, TX 76005-5888 Dear Michael: The purpose of this letter is to recap our Friday, August 25, 2000 meeting. The Council, staff, and I want to thank you, Mayor Scoma, Commissioner Whitley, and Councilman Tyson for attending. This meeting certainly helped us all to better understand the purpose of the meeting. I appreciate your clarifications during the meeting and especially your confidence in Colleyville. As we stated, we have grown dramatically in the last few years. We have improved more of our roadways and intersections in the last two years than we had done in many preceding years. Hall-Johnson Road is an excellent example of widening an east-west corridor. Please consider this letter as a follow-up to the three points you made during the meeting: 1. Colleyville needs to decide to use either TxDOT or a private engineering firm for our Highway 26 project. We will have a resolution on our Council agenda in September to make this decision. I will support using TxDOT. 2. I will ask the Council to adopt a resolution requesting NCTCOG staff to assist us in finding the best plan for an east-west corridor in order to relieve traffic. When the study is complete, we would like to arrange another meeting to discuss the findings. 3. The rumor that Colleyville may not have the RTC's commitment fulfilled for funding Highway 26 needs to be dispelled. I appreciate your assurance that the RTC's commitments are sound. Simply because a city fails to please each member of the RTC does not warrant the city being punished by pulling funding. This type of situation would cause unrest throughout all the cities that are dependent on the full faith of the RTC body. Know that Colleyville trusts the members of the board and we are open to discussing our plans with any member. Your acknowledgement that the RTC has never pulled funding from a project after it was approved unless the city it was awarded to no longer wanted the funding was very welcomed. Michael Morris 8!28/00 Page 2 Please assure the RTC that Colleyville has the widening and improvements to Highway 26 as its top priority for the next four years. The improvements and widening of Highway 26 will serve not only Colleyville, but also the cities of Hurst, North Richland Hills, and Grapevine directly. As we have discussed, this stretch of highway has five large schools directly on it. It is very dangerous in its current state. Our citizens cheered when we received the final approval for funding. Two new shopping centers have already announced with one breaking ground. There is much undeveloped commercial property along this corridor. With the Northeast Mall expansion to the south, North Richland Hills' and Colleyville's exploding growth in the middle, and Grapevine's commercial growth to the north, the improvements to this road are very timely and badly needed. I have discussed this funding with Mayor Souder of Hurst and Mayor Tate of Grapevine. They, along with Mayor Scoma, have agreed their cities will certainly benefit from this expansion. Colleyville has over 500 houses being built around the corridor within the next two years. When the Colleyville City Council takes action on the engineering of the project, we will send you a copy of the resolution. We will wait to hear from your staff concerning the best east-west corridor routes. Thank you again for your attendance. The RTC has served all of the North Texas communities very well for several decades. We are glad we will work closely with you and TxDOT over the next few years. Sincerely yours, Donna Arp, Mayor City of Colleyville xx: The Honorable Glen Whitley, Commissioner The Honorable Charles Scoma, Mayor, North Richland Hills The Honorable Carl Tyson, Councilman, City of Euless The Honorable Ginny Tigue, Mayor Pro Tem, City of Colleyville The Honorable Mike Taylor, Councilman, City of Colleyville The Honorable Dennis Marlin, Councilman, City of Colleyville The Honorable Ron Harmon, Chairman, RTC Board of Directors RESOLUTION R-00-1710 AUTHORIZING THE CITY MANAGER TO WORK WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS STAFF TO EXPLORE ALTERNATIVE EAST-WEST TRANSPORTATION CORRIDORS WHEREAS, the Colleyville City Council supports regional solutions to transportation issues; and WHEREAS, representatives of the North Central Texas Council of Governments Regional Transportation Council have requested that the City of Colleyville work with them to explore alternative east-west transportation corridors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Manager is authorized to work with the Regional Transportation Council staff to explore alternative east-west transportation corridors. AND IT IS SO RESOLVED. Passed by a vote of day of _ ATTEST: Jean Harris, TRMC, CMC City Secretary ayes, nays, and abstentions on this the . 2000 CITY OF COLLEYVILLE Donna Arp Mayor CITY COUNCIL ~u>' or ~, _ / - 1~ 1Cr1i AGENDA BRIEFING For mt 09/05/00 CMO Approval: Item # 17 Resolution # R-00-9711 Previous Action: None DEPT. CITY MANAGER'S OFFICE SUBJECT Rescinding Resolution R-99-1585, authorizing the City Manager to sign deeds and accept donations of land for the site of the new City Hall and entry road. Reading and Public Hearing Background In December 1999, the Colleyville City Council adopted Resolution R-99-1585, authorizing the acceptance of land donations from Patsy Smith for a City Hall site and entry road (see attached). The Council is currently considering alternative sites for the City Hall. The proposed deeds to the potential site donations include conditions that the City build a road and a City Hall within three years or the land will revert to the owner. If the Council takes no action on the resolution to rescind R-99-1585, Ms. Smith donates the land, the City accepts the donation and elects not to build a City Hall or road on the site, the parcels would merely revert to Ms. Smith. CITY MANAGER DEPARTMENT HEAD (continued) FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-00-1711 Page 2 Recommendation Take no action Attachments Resolution R-99-1585 (paper copy only) Briefing for Resolution R-99-1585 (paper copy only) Special Warranty Deed Road Right-of-Way (paper copy only) Special Warranty Deed City Hall Site (paper copy only) RESOLUTION R-99-1585 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN DEEDS AND ACCEPT DONATIONS OF LAND FOR THE SITE OF THE NEW CITY HALL AND ENTRY ROAD WHEREAS, Patsy Smith has offered to donate to the City of Colleyville a 4.111 acre parcel of land to serve as the site for the new City Hall; and WHEREAS, Ms. Smith has also offered to donate 1.215 acres as right-of-way for an entry road to the City Hall site; and WHEREAS, the City Council believes that the City Hall site offered by Ms. Smith is in keeping with the plan to create a municipal center location; and WHEREAS, the City Hall will serve as a catalyst for attracting commercial development to the larger Smith tract. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council accepts all the terms and conditions contained in the deeds to the parcels being donated. Sec. 2. THAT the City Manager is authorized to accept the property donations and sign the deeds for the City. AND SO IT IS RESOLVED. Passed by a vote of ayes, nays, and abstentions on this the day of , 1999. ATTEST: Jean Harris, TRMC, CMC City Secretary CITY OF COLLEYVILLE Donna Arp Mayor CITY COUNCIL c~~y or o ~~ Texas AGENDA BRIEFI'~ DEPARTMENT: CITY COUNCIL SUBJECT: Resolution R-99-1585 -Authorizing the City Manager to sign deeds and accept donations of property for City Hall MEETING 1 AGENDA ~ 12121 /99 / 1 C) December 21, 1999 Reading and Public Hearing -Resolution R-99-1585 Background Patsy Smith, President of the Herman Smith Company, is offering to donate parcels of land to the City as the site for the new City Hall and the entry road to the site from SH26 (see attached deeds and exhibits). The 4.11-acre City Hall site is located to the west of the Community Center. The entry road parcel is 1.215 acres. As a part of the donation of the entry road, the City would agree to build the entry road at a cost of at least $625,000. The road will also serve as the primary access to the future commercial development on the site. The road construction funds can be paid from tax increment financing district revenue. In addition to joining the Community Center and Justice Center as part of the municipal center, the City Hall will serve as a catalyst for commercial development. Recommendation Approve Resolution R-99-1585 DEP TMENT HEAD FI IAL REVIEW (IF NECESSARY) CITY MANAGE 1 «~~.. SPECIAL W DEED STATE OF TEXAS § COUNTY OF TARRANT § THAT, PATSY R SMITH ("Grantor") has GRANTED, GIVEN and CONVEYED as a gift to suppc the purposes set out below, and by these presents does GRANT, GIVE and CONVEY to the CITY COLLEYVILLE; a home-rule municipal corporation whose address is 401 Oak Valley Drive, Copeyvil Tarrant County, Texas 76034 ("Grantee"), the property described i i it A attached hereto and made a par hereof (the "Property"), provided, however, that if Grantee fails to complete the construction of a city hall ~ the Property within three (3) years from the date of the execution of this Deed, the Grantor or her estate shr have the right to re-enter and assume ownership of the Property, it being thantent of the Grantor to convey a fee simple on condition subsequent estate to the Grantee; provided, however, whenever corrswction of tltc cir hall by Graruee is delayed a< any time by reason by acts of God, war, civil commotion, riots, strikes, picketits or oilier labor disputes, urta~ailabiliry of labor or materials, darnagc by reason of Fin or other casualty, or causes beyond the reasonable control of Grantee, then the tlrrte (3) year period of time within wluch the construction of fire city 1ra11 by Grantee must be completed shall be exturded by a period of time equal to du largth of such delay. TO HAVE AND TO HOLD THE PROPERTY, together with all and singular the rights and appurtenances belonging in any way to the Property, subject to the conditions and provisions stated above, to Grantee, iu successors or assigns forever, and Grantor binds herself and her heirs, personal representatives and assigns to warrant and forever defend all and singular the Property to Grantee, its successors and assigns against every person lawfully claiming or to claim all or any part of the Property by, through or under Grantor, but not otherwise, subject to the conditions and provisions stated above. This Deed is given and accepted subject to all matters of record. GRANTOR: Patsy R. Smith STATE OF TEXAS § § COUNTY OF TARRANT § Smith. This instrument was acknowledged before me on the day of December 1999 by Patsy R. Notary Public for the State of Texas F-0127806 EJ~iIBIT "A" TO SPECIAL WARRANTY DEED NEW ROAD RIGHT-OF-WAY TRACT: PARTS OF THE J. M. LOONEY SURVEY. ABSTRACT NO. 936 AND THE NANCY B. LOONEY SURVEY, ABSTRACT N0.937, STTUAT'~ IN THE CITY OF COLLEYVILLE IN THE NORTH EAST PART OF TARRANT COUNTY, TEAS; AND EMBRACING A PORTION OF THE TRACT DESCRIBED IN THE DEED TO HERMAN J. SMITH, RECORDED IN VOLUME 8150. PAGE I328 OF Tl;= TARRANT COUNTY DEED RECORDS. BEGINNING AT A'/" IRON FOUND FOR THE MOST V~'EST CORNER OF SAID SMITH TRACT AND THE NORTHWEST CORNER OF LOT 1 IN BLOC=' 1 OF CORLEY SUBDIVISION, AS TT APPEARS UPON THE MAP RECORDED IN VOLUME 388-207, PAGE 6 OF THE TARRANT COUNTY DEED RECORDS, AND BEING IN THE SOUTHEAST LINE OF STATE HIGHWAY NO. 26. THENCE NORTH 29 DEGREES- 34 MINUTES- 30 SECONDS EAST; ALONG THE EAST LINE OF SAID HIGHWAY N0.26 FOR THE NORTHWEST LINE OF SAID SMITH TRACT, 26 FEET TO A 5/8- IRON CAPPED "TNP' SET FOR CORNER THENCE SOUTH 60 DEGREES- 24 MINUTES- 50 SECONDS EAST hS^ - 47/100 FEET TO A 5/8' IRON CAPPED "TNP- SET FOR CORNER IN A CURVE TO THE LL '- SAVING A RADIUS OF 260 FEET. THENCE ALONG SAID CURVE, AN ARC LENGTH OF 80- 32/100 FEET TO A S/8' IRON SET FOR C~DRNER, THE LONG CHORD OF SAID 80- 32/100 FEET ARC IS SOUTH 29 DEGREES- 35 MINUTES - ]0 SECONDS WEST 80 FEET. THENCE NORTH 60 DEGREES- 24 MINUTES - 50 SECONDS WEST 640- I7/100 FEET TO THE EAST LINE OF SAID SMI'T'H TRACT. THENCE NORTH NO DEGREES- NO MINUTE- 43 SECONDS WEST, ALONG THE SAID EAST LINE OF SMITH TRACT 67- 76/100 FEET' TO A Y' IRON CAPPED 'HORIZON" FOUND FOR A RE-ENTRANT CORNER OF SAID SMITH TRACT. THENCE NORTH 89 DEGREES - 23 MINUTES - 14 SECONDS WEST 10 - 11/100 FEET TO THE PLACE OF BEGINNI1v`G AND CONTAINING 1 ~- 215/1000 ACRES. F-0127806 THENCE SOUTH 60 DEGREES- 24 MINUTES - 14 SECONDS EAST, ALONG A LI?~'F OF SAID RIVERWALK DRIVE, 35 - 59/100 FEET TO THE PLACE OF BEGINNING AND COI\TA11`'ING 4 lJ!/1000 ACRES. F-0I27564 SPECIAL W Y DEED STATE OF TEXAS § § COUNTY OF TARRANT § THAT, PATSY R. SMITH ("Grantor"), has GRANTED and CONVEYED, and by these presenu does GRANT and CONVEY to the CITY OF COLLEYVILLE, a home-rule municipal corporation whose address is 401 Oak Valley Drive, Colleyvilie, Tenant County, Texas 76034 ("Grantee"), the property described in Exhibit "A"attached hereto and made a part hereof (the "Property"~ provided, however, that if Grantee fails to complete the construction of a road on the Property within three (3) years from the date of the execution of this Deed at a cost of not less than six hundred twenty-five thousand dollars (5625,000), the Grantor or her estate shall have the right to re-enter and assume ownership of the Property, it being the intent of the Grantor to convey a fee simple on condition subsequent estate to the Granteeprovided, however,wlte„ever conswction ol• l},c rand o„ d,e Property is delayed at any time by reason by acts of God, war, ci~zl comrnotio,,, riots, strikes, picketing or other labor disputes, unavailability of labor or materials, damage by reason of fire orotl,er casualty, or causes beyo„d the reasa,iable control of Grantor, then the three (3) year period of timr K~tl,in which d,c co„swctiou of tl,e road by Grantee must be completed shall be extended b~• a period of time equal to the le,igtl, of such delay. TO HAVE AND TO HOLD THE PROPERTY, together with all and singular the righu and appurtenances belonging in any way to the property, subject to the conditions and provisions stated above, to Grantee, iu successors or assigns forever, and Grantor binds herself and her heirs, persona] representatives and assigns to wttrrartt and forever defend all and singular the Property to Grantee, iu successors and assigns against every person lawfully claiming or tmlaim all or any part of the Property by, through or under Grantor, but not otherwise, subject to the conditions and provisions stated above. This Deed is given and accepted subject to all matters of record. EXECUTED to be effective as of the_ day of December, 1999. EXECUTED to be effective as of the day of December, 1999. GRANTOR: Patsy R. Smith STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day ofDocember 1999 by Patty R Smith. Notary Public in and for the State of Texas F-0127564 EXF~TT "A" ro SPECIAL vVARRANTY DEED A PART OF THE J. M. LOONEY SURVEY, ABSTRACT NO. 936, SITUATED II\ THE C1ll' OF COLLEYVILLE, IN THE NORTH EAST PART OF TARRANT COUNTY, TEXAS; AND EMBRACING A PORTION OF THE TRACT DESCRIBED IN THE DEED TO HERMAN J. SMITH, RECORDED IIv' VOLUME 8150, PAGE 1328 OF THE TARRANT COUNTY DEED RECORDS. BEGINNING AT A 5/8" IRON CAPPED "TNP" SET FOR THE MOST WESTERLY SOUTHWEST CORNER OF LOT 1 IN BLOCK 1 OF COLLEYVILLE COMMUNITY CENTER ADDITION, AS IT APPEARS UPON THE MAP RECORDED 1N CABINET A, SLIDE 3936 OF THE TARRAI\T COUNTY PLAT RECORDS, IN THE SOUTHEAST UNE OF RIVERWALK DRIVE THENCE SOUTH 40 DEGREES WEST 43-41/100 FEET TO A 5/8' IRON CAPPED TNP" SET FOR CORNER THENCE NORTH 60 DEGREES- 24 MINUTES - 50 SECONDS WEST 163-32/100 FEET TO A 5/8' IRON CAPPED "TNP" SET FOR THE BEGINNING OF A CURVE TC THE RIGHT HAVING A RADIUS OF 260 FEET AND FROM WHICH ITS RADIUS BEARS NORTH 29 DEGREES 35 MINUTES - % SECONDS EAST 260 FEET. THENCE ALONG SAID CURVE, PASSING A 5/8"IRON CAPPED "TNP" SET AT 408 401100 FEET AND CONTINUING [N ALL 816 - 81/100 FEET TO A 518" IRON CAPPED 'TNP' SET AT ITS END AND FROM WHICH ITS RADIUS BEARS SOUTH 29 DEGREES- 35 MINUTES - % SECONDS WEST 260 FEET. THENCE SOUTH 60 DEGREES- 24 MINUTES- 50 SECONDS EAST 102- 94/100 FEET TO A S/8" IRON CAPPED "TNP' ET IN THE NORTHWEST LINE OF SAID RIVERWALK DRIVE AND IN A CURVE TO THE LEFT HAVING A RADIUS OF 600 FEET. THENCE ALONG SAID CURVE, AN ARC LENGTH OF 94 49/100 FEET TO A'/:"IRON CAPPED "MOAK" FOUND AT iTS END, THE LONG CHORD OF SAID 94 491100 FEET ARC IS SOUTH t9 DEGREES - 24 MINUTES - 54 SECONDS WEST 94 - 39/100 FEET. THENCE SOUTH 14 DEGREES - 54 MINUTES - 13 SECONDS WEST, ALONG THE SAID NORTHWEST' llNE OF RIVERWALK DRIV); 53- 65/100 FEET TO A '/:" IRON CAPPED "MOAK' FOUND AT THE BEGINNING OF A CURVETO THE RIGHT HAVING A RADIUS OF 650 FEET. THENCE ALONG SAID CURVE, AN ARC LENGTH OF 284 7l/100 FEET TO A %" IRON CAPPED 'MOAK" FOUND AT TT5 END, THE LONG CHORD OF SAID 284 71/100 FEET ARC IS SOUTH 27 DEGREES - 27 MINUTES -07 SECONDS WEST 282 -44/100 FEET. THENCE SOUTH 40 DEGREES WEST; CONTINUING ALONG THE SAID NORTHWEST' LINE OF RIVERWALK DRIVE, 51 - 09/100 FEET TO A %' IRON FOUND FOR THE MOST WESTERLY CORNER OF SAID RIVERWALK DRIVE ~-oiz~sba RESOLUTION R-00-1711 A RESOLUTION RESCINDING RESOLUTION R-99-1585, AUTHORIZING THE CITY MANAGER TO SIGN DEEDS AND ACCEPT DONATIONS OF LAND FOR THE SITE OF THE NEW CITY HALL AND ENTRY ROAD WHEREAS, the City Council by previous action had adopted Resolution R-99-1585 and WHEREAS, such resolution authorized the acceptance of deeds to certain parcels of land to be used for the construction of a city hall and entry road; and WHEREAS, the City Council does not feel that the conditions attached to the proposer' donations are appropriate; and WHEREAS, the City Council is considering other options for the location of the City Hall. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council rescinds Resolution R-99-1585. AND IT IS SO RESOLVED. Passed by a vote of ayes, nays, and abstentions on this the day of , 2000 ATTEST: CITY OF COLLEYVILLE Jean Harris, TRMC, CMC Donna Arp City Secretary Mayor CITY COUNCIL U~y of ~ 1u, t«,s AGENDA BRIEFING For mt .: 09/05100 CMO Approval: Item # 18 Resolution # R-00-1712 Previous Action: None DEPT. COMMUNITY DEVELOPMENT SUBJECT A Combination Plat of Town Center Colleyville Addition, Phase I, requested by Patsy Smith and the City of Colleyville, 60.57 acres located at the southeast corner of Hall-Johnson Road and Colleyville Boulevard. Reading and Public Hearing Background Patsy Smith and the City of Colleyville are the owners of a 60.57-acre parcel of land located on the west side of Colleyville Boulevard, south of Hall-Johnson Road. The owners have submitted a Combination Preliminary and Final Plat of the property for review and consideration by the Planning & Zoning Commission. The plat will create six commercial lots, one of which is the location of the new justice center. The following is an analysis of the major items associated with this Combination Plat. Colleyville Boulevard. Colleyville Boulevard is classified as a Major Arterial on the Master Thoroughfare Plan and requires an ultimate right-of--way of 120 feet. An additional 10 feet of right-of-way has been dedicated for Colleyville Boulevard on the plat. The plat also establishes the right-of--way for Riverwalk Drive and an unnamed street that will intersect Colleyville Boulevard. (continued) CITY MAN GER ~~, Low,. ~ c~ DEPA MENT H D FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing R-00-1712 Page 2 The property is zoned CC2 Shopping Center Commercial. The lots meet the minimum requirements of the CC2 zoning district. The owner's surveyor has addressed all Development Review Committee comments. This subdivision plat also requires approval by the City Council since there are more than four lots proposed. The Planning 8~ Zoning Commission unanimously approved this final plat at its August 29, 2000 meeting. Since the City of Colleyville owns a portion of the property on the proposed plat, the plat cannot be recorded without a signature from the Mayor. Since the Council has never voted to be a party to the plat, they could vote to deny the plat if they no longer wish the City to be a participant in the plat. 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Ot "e-~ !' :• .. / ~ +.~~ ~ (I ~a ~~ sF ,a ~~~ ~ ~i ~ a ~ :. ~R /~ , ~s a ~r ~1! ~~"~ ; ~~qq rrr 'a' ~~y ~S~ ~~ i-.~ s 'I ';i, ilk 1 Lri/~r ~ r~YOtf XOS/YllO!-7TYS \~ r ~~- ; ~ a ,. 4'a +....r..:.......v... J1 tl ~ ~~ 1 ., >.~~ I ~` `;e: ~~~ ! / ! i ~ ~ ~' , _,~ t 1~~= ~ r ~~ ri ita, e S '~~~~ ~ ~ a 1. 1 1~ ~ is I i q.~ i = 1, / p 1 ~ • a ~'~ w~a i I L . 1.~~, RESOLUTION R-00-1712 A RESOLUTION APPROVING THE FINAL PLAT OF TOWN CENTER COLLEYVILLE ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the final plat of Town Center Colleyville Addition Phase I is hereby approved. AND IT IS SO RESOLVED. Passed by a vote of ayes, of , 2000. ATTEST: Jean Harris, TRMC, CMC City Secretary nays and abstentions on this the day CITY OF COLLEYVILLE: Donna Arp Mayor CITY COUNCIL C1~r of ~~ ~ ~W ~~ Tcsi> AGENDA BRIEFING For mt .: 09/05/00 CMO Approval: Item # 19 Resolution # R-00-1703 Previous Action: Tabled 08/15/00 DEPT. CITY MANAGER'S OFFICE SUBJECT Approving the storm drainage improvement plan for the Bridges at Riverwalk Reading and Public Hearing Update This item was tabled at the August 15 meeting to allow staff time to review applicable ordinances. After further review, staff feels the developer is entitled to compensation for the additional detention. As the detention benefits the upstream property owner, staff recommends that the City attempt to collect reimbursement from upstream developers as they come forward. Background On December 21, 1999, the Colleyville City Council approved rezoning for the Bridges at Riverwalk, a thirty-two lot residential subdivision, located on Glade Road west of Bluebonnet Drive (see attached ordinance). This subdivision is part of a drainage basin that includes the largest single unimproved tract of commercial property remaining in the City. The residential plat was approved in an area set aside in the Master Plan for commercial office. In an effort to reduce the amount of sales tax producing property that will be needed for storm water detention, the staff CITY MANAGER D A TMENT HEAD (continued) FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-00-1703 Page 2 has asked the Bridges at Colleyville developer to set aside approximately four acres of storm water detention on his site. According to his calculations he is only required to provide one-acre foot of detention. The developer has requested that the City or the commercial developer reimburse him for his costs of providing this additional detention. He estimates the cost at $65,000. Financial Impact Funds for the estimated $65,000 are available in the 1995 Utility Drainage Bond Funds Recommendation Approve Resolution R-00-1703 Attachments Ordinance 0-00-1192 (paper copy only) Letters of request for reimbursement by developer (paper copy only) City Engineering Department Response to Developer (paper copy only) ORDINANCE 0-99-1192 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 11.958 ACRES OUT OF THE J.M. LOONEY SURVEY, A-936, FROM THE PUD- R DISTRICT (NURSING HOMEIASSISTED LIVING CENTER USE) TO THE PUD-R DISTRICT (SINGLE FAMILY RESIDENTIAL USE); PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application for a zoning change was filed by David Hannah, Riverwalk Development L.L.C., on October 14, 1999, under Case No. Z-99-074; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on . the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and 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. THAT, the Master Plan, the Zoning Ordinance 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 by metes and bounds (Exhibit B), by changing the zoning of said property from the PUD-R (Nursing Home/Assisted Living Center use) district to the PUD-R (Single Ordinance 0-99-1192 Page 2 of 4 Family Residential use) district, together with all site plans which are conceptual in nature, supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C) and the statement of planning objectives (Exhibit D); and subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is for single-family residential development, constructed at an approximate density of 3.01 dwelling units per acre, and office development comprising 1.531 acres b. This property is subject to all the regulations contained in the Colleyville Zoning Ordinance, Subdivision Regulations and other land development ordinances, except where amended by this ordinance. 2. PERMITTED USES a. Single family residences, detached b. Parks and open space c. General office uses and uses allowed in the CN district 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Minimum Lot Size b. Average Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Building Line g. Rear Building Line 6,001 square feet 6,479 square feet 56 feet 106 feet 15 feet 2 feet / 8 feet 10 feet 4. NON-RESIDENTIAL LOT REQUIREMENTS AND SETBACKS All non-residential lots shall conform to the minimum standards of the CN Neighborhood Commercial zoning district. Ordinance 0-99-1192 Page 3 of 4 5. OPEN SPACE a. This development shall provide a minimum of 24% common open space for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Zoning Ordinance. All open space areas shall be landscaped. b. The office development landscaping shall conform to the landscaping requirements contained in the Zoning Ordinance. 6. SCREENING a. A screening wall shall be required between the office and residential areas. The screening wall shall be a minimum of seven (7) feet in height, and shall be constructed of brick or stone. The wall shall be constructed along the south property line of the southern most residential lots. b. A screening fence shall be constructed along the property's frontage on Glade Road and Riverwalk Drive. The screening fence shall be a minimum of six (6) feet in height, and shall be constructed of a combination of brick, stone, and/or wrought iron. 7. SECURITY GATE a. A security gate may be constructed across the proposed street in the subdivision. The fence shall be located near the south property lines of the southern most residential lots. The gate shall be constructed to allow vehicles to travel through the gates. An Opticom system shall be installed on the gates. 8. SIDEWALKS AND TRAILS a. Sidewalks on the interior street shall only be required on the east side of the street. The sidewalk shall be at least five (5) feet in width. b. The developer shall construct the portion of the City trail system adjacent to this property. The trail shall be constructed along this property's frontage on Glade Road and Riverwalk Drive. The trail shall be constructed according to City trail standards and spec cations. Ordinance 0-99-1192 Page 4 of 4 9. PLATTING a. The developer shall submit a final plat of the property in accordance with Section 2 C of the Colleyville Subdivision Regulations. The conceptual site plan attached as Exhibit C to this ordinance shall constitute the preliminary plan. Sec. 2. THAT, any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in 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. Sec. 3. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~ da of Y m , 1999. The second reading and public hearing being conducted on the 21 s day of Q nib (,1999. TABLED BY COUNCIL AT SECOND READING. APPROVED BY COUNCIL ON 1/18/00. ATTEST: Je Harris, CMC Ci Secretary ~a^^,~ CITY OF COLLEYVILLE: D a Mayor AP VED AS TO FORM AND LEGALITY: ~ ~~ Ross T. Foster City Attorney _ - _ ' ~ ~` I 5P 'iDD~1 ~ ,.,~.. - e ~K ~: r-.:~ ~ 1 ~~ X41 r / Q ~ ~~ .71~ • t QQQ ~ ~ L .. O~~ w ~N 1 1S 1 ' a to L ~ ~wi i ~ ~ u• • ~~~+++ r atwr .K ®~ w r . 1 : a • s • - ~ ~ ' u w r1o ~+ 6 '1 I a s , ~ / r .~ . Ceti R - 1 • '- - : ~ •Ze ~ . .7• r • >v K ~ ,. . a Y 1 ~ turfs ~. • t. «I. C ~ s ~ ~' ~ ~aR ~ aa, 1 7 ~ ~ y ~ tu• r • Bol• i a 4~ 1 +a ~". a - - t fv's A ~ ` v a ~ • s ..Ir •iia L®, r ~7r .7•r a N • a -. - ~ ws i ~ I• - IJ1 • _. 1• N a .ttaa .w i w •.1 1 Iw ~ ~ ~ ~ » ~r r 1 r ~ - r ~J ~ 'i j 1 = a • 1 = y ar. 1 1 s 1 l~ I ~ ~ " w fw• «- ~ ~ a.• r 1 aN g6 ~~ sU a ~ L . , a A= ~ ~~' T I ~- • r w r ... 1 l r air • ~ • It 1t " » N ; 7 t ` • i s ~~ o ~ I a • a ~~ Iirq Q N • I • - ~- - ~ S it s al e' as _ ~' n w r w n r w a :, s 4'~ 11 ~ 11 1 ~ _ ~ .! ~ n s w t1 u s i f • / n n v a. as a 7 a -- -i- » f `( !~ u u ~ ~ w tw 7 w • 1 7 as K " li - i ,~~ p ~ N N ~ + f l t '~- • 1 ' ~ ~ 1 fl >• • • w • a I + '~ 1~~~ N . ^ ~ ~ t • y " a ~ R• 1 'I B ~ ~4 ) ~ 7 /7 17 f • N • = Y ~ ~ 1 a f i N A n » ~ ~' ._ R~ . w w q3~~ la 1. •, , ~ = f s 17 t • t . ~O N N u i /r-~ ~~ - - rein. a~ ~ " Legal description All that certain tract or parcel of land situated in the J. M. Looney Survey, Abstract No. 936 and being described in the deed to Donald D. Huffmaster and wife, Janet L. Huffniaster as recorded in volume 6911, page 1894 of the Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows; Beginning at nail found in asphalt for the southwest corner of said Huff'master tract and being by deed call west at 829 feet from the southeast corner of said J.M. Looney Survey; Thence North 00 degrees 00 minutes 46 seconds West with the westerly boundary line of said Huffmaster tract, passing a 1 /2 inch steel rod found at 17.20 feet for the southeast corner of the tract described in the deed to Herman J. Smith as recorded in Volume 8189, Page 1114 of the Deed Records, Tarrant County, Texas and being in the right of way line of Glade Road (County Road 3036); Thence North 00 degrees 00 minutes 46 seconds West a distance of 1334.13 feet to a 3/4 inch steel rod found at the northwest corner of said Herman J. Smith tract; Thence South 89 degrees 29 minutes 02 seconds East with the northerly boundary line of said Huffrnaster tract and generally along a fence line, 389.97 feet to a 1 /2 inch steel rod found for the northeast corner of same; Thence South 00 degrees 04 minutes 26 seconds East with the easterly boundary line of same and generally along a fence line passing a 1/2 inch steel rod found at 1315.21 feet in said northerly right-of-way line, continuing a total distance of 1332.51 feet to a nail found in asphalt; Thence North 89 degrees 43 minutes 23 seconds West, 391.38 feet to the Place Of Beginning and containing 11.958 acres of land, more or less. Exhibit B -Metes and Bounds Description r.._.._.._.._..~_..-.._..-..-.._.._ ~ ~_ ~~ ~r ~ i ~ ~ ---- a~~ I~ ~ ~ ~ ' A~ , ~ :~ ,? ^ " 1 - ~'"~ ap~ t ~ i' h ~~ ~ ~s ~ ~ ff J ' ,; ^" ~ L;. .i ~ , IF t s ~. i ~ ~, . ~ ~~ a i" t ~~ ~~ ~ " ". ~~~ ~ ~ ~ r•, ~ ~ t " • t ~.. ~ ~ ~ ~ ~ ~ ~ 1 ~""'~ ~ Ali ~ ~ ~ ~~~~ .r s~ ~ I i ti i M •~ j ~~ I ~r 1 '1a'Ai'1~1j~l~~~ ~ " '~ ~~E ~~ ~~ l~d~~ h a I " i ~~ ~ ~~ ~ l~~t ~ ~ ~ I I I ~ ~ ~ a ~, - i ~ ~~ ~ Q ~~~ q ~ ~ ~~ ~ ~ ~ ~ ~ ~ R ~ ~ ~d b~ ~ ``~ The Bridges at Riverwalk Proposed PUD-R Single Family Development 11.958 Acres (11.803 ac net of existing Glade Road ROW) Glade Road at Riverwalk Drive Colleyville, Texas Statement of Planning_Objectives To focus on a demand in ColleyviUe for an upscale, single family environment emphasizing small, low maintenance yards, a central location, elegant amenities and homes in the 2,100 to 3,000 square foot range. The identified market niche is expected to be primarily empty nesters -and dual and single income .professionals who want smaller square footage residences but who at the same time want uncompromising quality. Many presently live in ColleyviUe in larger homes. Others would like to move here but the desired product does not currently exist. The attendance impact on the school district is expected to be negligible. To provide a small lot, low maintenance residence while retaining the single family, detached environment. The Homeowner's Association will maintain all Common Areas as well as the right-of--way and front yard of each residence which wilt give a quality, coordinated look to the street winding through the subdivision. Homeowners may have very low maintenance yards by the type plantings selected for the small remaining portions of the lots. It is expected many homeowners will contract with the Common Area landscape maintenance company to maintain their entire lot thereby providing a zero maintenance option. To utilize the drainage that traverses the length of the property as an amenity and to develop it in a natural and aesthetically pleasing manner. It is the intent of the development plan to give a feeling of openness to the subdivision and to promote an active lifestyle. Pedestrian activity and flow is encouraged by providing one five foot wide sidewalk along The Bridges Drive which will tie into six foot wide sidewalks in the public ROW along Riverwalk Drive and Glade Road. To contribute to the "Riverwalk" concept and provide a residential, upscale southern entrance to the Town Center property to the north. The perimeter fence along Riverwalk Drive will be primarily wrought iron with brick or stone columns which will provide enhanced views of the Waterway from the landscaped walkway winding along the public ROW. To add upper-income households to the immediate Town Center area. Proximity to the planned Town and Civic Center and to the Village of Colleyville is viewed as a marketing plus for the community. 10/14/99 Exhibit D -Statement of Planning Objectives The Bridges at Riverwalk Statement of Planning Objectives Page 2 To provide a residential development that addresses the Issues and the Goals and Objectives of the ColleyviUe Master Plan adopted September 15, 1998: Issue 13: Town Center. ~ The third Objective is to "encourage a residential area of single family residences". Issue 2: Alternative Housing. "There is a desire for a limited number of upscale town homes and garden homes on small lots designed for easier living. The quality of construction needs to be compatible with the eusting and proposed single-family housing standards". Issue 1: Housing Quality and Land Use. Objective: "Town homes and garden homes that exceed 1.8 units per acre may be acceptable in areas that meet one or more of the following criteria: a transition area between commercial uses and less dense residential, near ma41or intersections, smaller parcels that make less dense development economically difficult and sites with unique topographical features". The Bridges at Riverwalk site meets all of these criteria. To comply with objectives outlined in the CoUeyville PUD Ordinance to "permit flexibility to encourage a more creative, efficient, environmentally pleasing and aesthetic design", and "considerations of special site and topographic features". The applicant notes this zoning request, if approved, would amend PUD-R zoning for a nursing, assisted living and retirement community of up to 272 units. Development Schedule The developer expects to commence land development as soon as the approval process has been completed. It is expected land development and the construction of homes should be completed within 36 months of approvals. Proposed Ownership Lots to be sold to individual builderslbuyers. All Common Areas will be owned and maintained by the Bridges at Riverwalk Homeowner's Association. Utilities Water, sanitary sewer, storm drainage, electricity, gas and cable will be provided to each lot. All utilities will be underground. Necessary easements to be provided on the plat. 10/14/99 Exhibit D -Statement of Planning Objectives Addendum The Bridges at Riverwalk Development Plan Details 1. Street ROW. Developer agrees to dedicate 35 ft of ROW and to build to City standards one-half of the proposed Riverwalk Drive. Developer also agrees to work with City staff on improvements to and ROW for Glade Road as it abuts the proposed development. 2. Sidewalks. Developer proposes to build 6 ft wide, winding sidewalks along both Glade Road and Riverwalk Drive which will then become part of the City's proposed Trail System and which will provide pedestrians enhanced views of th~ series of small lakes se[ in the development's landscaped Common Areas. 3. Pedestrian Traffic. Bridges Drive is proposed as a 31 ft street in a 50 ft ROW. The development plan proposes to move the street slightly to the west within the ROW and build one 5 ft sidewalk along the east side of Bridges Drive. The Planning Objective is to promote and channel pedestrian activity with the wider sidewalk and to increase landscaped open space. The Bridges Drive sidewalk will tie in nicely with the 6 ft wide walkway along Riverwalk Drive. Residents of the development will have cone-half mile circle they can walls with excellent views of the Waterway without having foot traffic immediately behind any of the homes. 4. Setbacks. The development proposes a 15 ft front setback for homes with a "side-swing" garage entry and an 18 ft front setback for homes with a front facing garage entry. A mix of side-swing and front entry garages is desirable aesthetically and will be encouragcd. Enhanced trim will be required on all garage doors. A 10 ft rear setback is proposed and homes will be a minimum of 10 ft apart on the sides. A few lots have 5 ft setbacks and the majority have 2 ft setbacks on one side and 8 ft on the other. This encourages a "courtyard" design for the homes. Windows are not permitted on the side of the home with the 2 ft setback which then serves as the privacy wall for the courtyard of the adjacent home. The advantage of a 2 ft setback over a "zero lot line" is it allows for roof and gutter overhang and provides room for underground piping of roof runoff where needed. Maintenance easements are granted for each home. These setbacks are typical of low maintenance, small lot plans and are very attractive with appropriate landscape plans. 5. Minimum square foota a requirements. Single-story homes - 2,100 ft; Two-story homes - 2,000 feet on the ground floor. It is expected most homes will be in the 2,300 to 3,000 square foot range. 6. Open Space. The development plan has 269b Open Space which does not count any of the 50 ft ROW for Bridges Drive or the ROW dedication for Riverwalk Drive. The drainage channel will be a series of small lakes typically expected to be 25 to 50 ft wide and created by appropriately spaced weirs or small dams. The 5 year flood will be contained within the "lakewalls" and the 100 year flood within landscaped berms. Box culverts at both Bridges Drive crossings will be faced with stone and, from many viewing angles, be reflected picturesquely by the Waterway. The development plan provides significant open space interspersed throughout the development and the plan encourages pedestrian traffic and provides dramatic views without putting pedestrians immediately behind any of the homes. 20 ft landscaped buffer zones have been placed at the north end of the development and along Glade Road. A 15 ft landscaped buffer has been provided to shield the two lots with sideyards adjacent to Riverwalk Drive. ioiiai~ Exhibit D -Statement of Planning Objectives Riverwalk Devebpment, LLC 3401 Amherst Circle, No. 127 Bedford, TX 76021 (817) 498-0772 (817) 485-7111 faz August 8, 2000 Mr. Bob Stripling City Manager City of Colleyville 5300 Bransford Road Colleyville, TX 76034 Re: The Bridges at Riverwallc Deaz Mr. Stripling: Thank you for your input in the meeting this morning with Jackey Fluitt, Tom Matthews and me regarding the storm water detention issues for our above referenced project. I further appreciate your willingness to put us on the upcoming agenda so we can resolve this issue and, hopefully, move forwazd with this project. Mr. Stripling, there seems to be a winning formula at hand for all parties which calls for the City's participation in the added cost of constructing additional storm water detention on our site. This added detention capacity buih on our site can be specifically designated for the upstream commercial property which property would then not be required to build such drainage facilities on their site. This will free up more commercial zoned property to be utilized for direct income producing and tax paying uses instead of storm water detention The transferring of storm water deternion is a direct cost savings for the upstream use and affords that development to generate additional income and tax revenue which is a direct benefit to the City through additional advalorem taxes and sales tax for retail uses. The direct cost to The Bridges project to provide this additional storm water detention is approximately $65,000. Based on the land value of the commercial tract, the amount of land needed by that property to accommodate their own storm water detention as called for in the City ordinances, and the cost of making those physical improvements, the total cost to that project, depending on the edge, slope or wall treatment around the detention area, would be $210,000 to $225,000. Additionally, there is the added value for income and tax revenues, as noted above, which should be considered. Mr. Stripling, we are hereby proposing that the City of Colleyville participate in this added cost by funding $65,000 at the time the storm water detention facilities are constructed within the Bridges at Riverwallc project. I hope you will see our proposal as a reasonable and fair attempt to cooperatively work with the City. We appreciate your help and input in this matter and look forward to our continued cooperative efforts with you and the City of Colleyville. Sinc ely Dave Hannah cc: Jackey Fluitt Tom Matthews . ; =, ._ __ Jackie Fluitt Washington & Associates 500 Grapevine Highway Suite 375 Hurst, 'Texas 76054 ENGINEERING DEPARTMENT August 08, 2000 RE: Bridges ojRiverwalk Drainage Design Paramders Dear Jackie, In an effort to clarify the drainage design issues as discussed and mutually agreed upon by City staff, Halff and associates and your firm in the July 141h meeting, I offer the following: a.) The Bridges at Riverwalk will build a minimum of 4.0 acre-fcet of detention onsite. b.) The design flows for the subject project will be the "existing" undeveloped upstream conditions. One hundred percent (100%) of the upstream water will be routed through this project. In case of a long delay in the development of the property upstream, this method will provide a conservative and most logical approach to the drainage in this area. c.) Detention will be required by the future developers located north (upstream) of your property. Currently, there is no formal site plan, therefore, all planning on this site is considered to be our best professional judgement. d.) A grass lined channel will be constructed with the City of Colleyville's new Justice Center. This channel will direct water to a point inside the northwest property corner of the Bridges at Riverwalk property. This was discussed by Brinkley-Sargent, PBS&J, and Washington and Associates in a field meeting held on July 24'". e.) At some point in the future, a percentage of the flows will be diverted onto the Riverwalk @ Colleyville development located west of the Bridges at Riverwalk. A drainage structure will be designed and built upstream of your development. Please contact me if you have any issues with this letter. Sinc ly, ~ Fis er City of Colleyville C: C. Robert Stripling, City Manager Bob Whitehead, Director of Public Services Chris Steubing, Capitol Improvements Engineer P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7587 City of AUG-18-00 FRI 04:36 PM South West Senior Cnre 8174857111 P.E RiverwAlk Development, LLC 3401 Amherst Circle, No. 127 Bedford TX, 76021. (817) 448-0772 August 18, 2000 Mr. Bob Stripling City Manager City of Colleyville 5300 Bransford Road Colleyvillc, TX 76034 Reference: Drainage/Detentiom on The Bridges at Riverwalk Dear Mr. Stripling: "Thanks again for putting us on the August 15, Council ,A,genda. It is our understanding that, following discussions among City Staff and Council Members, three scenarios have been proposed to us: one, that we provide only for our required 1 acre foot of detention; two, that we provide an additional azrxount of detention to accommodate the Just Center/Civic buildings; three, that we provide the 3 additional acre feet initially requested or a fora. 4 acre feet of detention. Also requested was our expected cost contribution figure for providing the additional detention in options two and three. After consultation, our engineer, Jackey Pluitt, makes the following comments. We had planned to use primarily natural edge treatment for option one. Adding detention requires not only changes in excavation but necessitates building substantial footage of lake-walls as well as changes in the weirs or dams. There is very little difference in cost to us of providing options two and three. We respectfully submit the following: Option 1: We do our own detention without contribution. Option 2: Up to 2 acre feet of additional detention. $50,000 at time of completion. Option 3: 3 additional acre feet (4 total) of detention. $65,000 at time of completion. I will be out of town August 20 to 27. Please feel free to communicate directly with Jackey Fluitt, 485-0707, or Tome Matthews, 329-6996. We hope axis can be resolved at the next scheduled Council Meeting. Sint el ~~, Dave Hannah RESOLUTION R-00-1703 A RESOLUTION APPROVING A DRAINAGE PLAN FOR BRIDGES AT RIVERWALK WHEREAS, the developer of the Bridges at Riverwalk has agreed to provide storm water detention in excess of the amount needed to serve their development; and WHEREAS, the developer has requested financial participation by the City in the amount of $65,000 to reimburse the developer for cost incurred to provide the additional detention. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council agrees that the City of Colleyville will reimburse the developer $65,000 in return for the additional detention AND IT IS SO RESOLVED. Passed by a vote of ayes, nays, and abstentions on this the day of , 2000 ATTEST: CITY OF COLLEYVILLE Jean Harris, TRMC, CMC Donna Arp City Secretary Mayor Planning 8~ Zoning Commission Minutes -August 14, 2000 Page 1 of 2 The regular meeting of the Planning and Zoning Commission was called to order by Chairman Hart at 7:00 P.M. on August 14, 2000. Roll Call: Present: Rob Rutherford, Luann Edwards, William Tyler, Mike Collins, Jim Fletcher, Bryan Hill, Tom Hart Staff: Barry LeBaron, Clayton Husband, Tom Niederauer, Jan Levy Invocation: The invocation was given by Chairman Hart. Approval of Minutes: August 14, 2000 Commissioner Hill moved to approve the minutes as submitted. Commissioner Collins seconded the motion. The vote being: Ayes: Edwards, Collins, Fletcher, Hill, Hart Noes: None Abstained: Rutherford, Tyler 1. A Preliminary Plan for the Hall Medlin Addition, requested by Don Peebles, Peebles & Assoc. for Charles Scott O'Neil, 5.0 acres located at the north end of Jo Will Court. Case P-00-043 Clayton Husband presented the case to the Commission. He informed them that all lots meet the R20 zoning criteria and this is a minor plat and will not go on the City Council. He said that all of the Development Review Committee comments have been addressed. Commissioner Hill asked about the potential building sites on the lots because of the floodway. Commissioner Hart requested that staff verify the 5.0 acres listed on the plat and the caption. Commissioner Edwards moved to approve the preliminary plan for the Hall Medlin Addition. Commissioner Rutherford seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None 2. TABLED ITEM - A Zoning Change requested by Carol Ludwick, from AG to PUD-R (planned unit development- residential with a residential ~ commercial use in same structure) on 2.152 acres located at 5319 Bluebonnet. Case Z-00-053 Staff informed the Commission that the applicant has withdrawn the case. This case was not removed from the table for discussion. 3. TABLED ITEM - An amendment to Chapter 3 of the Colleyville Land Development Code regarding temporary buildings used for construction offices. Case Z-00-042 Planning ~ Zoning Commission Minutes -August 14, 2000 Page 2 of 2 Tom Niederauer presented the case to the Commission. Commissioner Tyler moved to remove the item from the table for discussion. Commissioner Collins seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None Chairman Hart opened the public hearing. There being no one present wishing to speak, the public hearing was closed. Following discussion, Chairman Hart moved to recommend approval of the amendments to Chapter 3 of the Colleyville Land Development Code regarding temporary buildings used for construction offices. Commissioner Hill seconded the motion. The vote being: Ayes: Rutherford, Edwards, Tyler, Collins, Fletcher, Hill, Hart Noes: None 4. Citizens' comments regarding items not on the agenda: There were none. 5. Staff comments, reports and discussion items: Staff informed the Commission about the American Planning Association Midwest Section 10th Annual Commissioner's Workshop o' Smart Growth being held on Monday, August 28, 2000. The Commission decided tc. reschedule the next meeting to Tuesday, August 29th so that they can attend the workshop. Tom Niederauer informed the Commission about the upcoming APA State Convention being held in Dallas, Texas this Fall. 6. Commissioners' comments and reports: There were none. ADJOURNMENT: Commissioner Rutherford moved to adjourn the meeting at 7:35 p.m. Commissioner Collins seconded the motion. The motion passed by acclamation. Respectfully Submitted, C_~ `'e C/ Levy Planning 8~ Zoning Assistant Approved on: August 29, 2000 as submitted. NOTE: As a matter of public record, an audio recording of the above Planning and ZoninS Commission meeting is available upon request. Zoning Board of Adjustment Minutes -August 8, 2000 Page 1 of 2 The regular meeting of the Zoning Board of Adjustment was called to order by Chairman Dee McNosky at 7:00 p.m. on August 8, 2000. Roll Call: Present: Steve Magee, Larry Henry, Jerry Birkes, Dee McNosky Absent: Teresa Rutherford, Sara Lester Staff: Barry LeBaron, Jan Levy Approval of Minutes: July 25, 2000 Steve Magee moved to approve the minutes as submitted. Larry Henry seconded the motion. The vote being: Ayes: Magee, Henry, Birkes, McNosky Noes: None Chairman McNosky explained the procedures of the Zoning Board of Adjustment to the audience. She asked the voting members to identify themselves. The voting members for the meeting are: Magee, Henry, Birkes, and McNosky. Chairman McNosky outlined the meeting format for the audience. PUBLIC HEARING - A request from Chris Hawkins for a variance from Section 3.24.G - Schedule of District Regulations - of the City of Colleyville, Texas Land Development Code - to provide for the reduction of side yard requirements from 15' to 10' in an R40 zoning district on Lots 10C, 10D, & 10E, Block 1, Westcoat Place. Case A-00-003 Staff presented the case. Chairman McNosky explained to the applicant, Chris Hawkins that it takes four affirmative votes to approve a variance request. The applicant said that he would prefer delaying action and coming before the Zoning Board of Adjustment when there were five members to hear the case. Steve Magee moved to Table the Case. Larry Henry seconded the motion. The vote being: Ayes: Magee, Henry, Birkes, McNosky Noes: None ADJOURNMENT: There being no further business, the meeting adjourned at 7:20 p.m. Zoning Board of Adjustment Minutes -August 8, 2000 Page 2 of 2 Respectfully Submitted, / .l .!-j .Jan Levy v~ J Planning & Zoning Assistant Approved on: August 22, 2000 as submitted. jl/min/0808zba.min Zoning Board of Adjustment Minutes -August 22, 2000 Page 1 of 7 -DRAFT (08/24/00) The regular meeting of the Zoning Board of Adjustment was called to order by Chairman Dee McNosky at 7:02 p.m. on August 22, 2000. Roll Call: Present: Teresa Rutherford ,Sara Lester, Larry Henry, Jerry Birkes, Dee McNosky Absent: Steve Magee Staff: Jan Levy, Dorothy Posey Approval of Minutes: August 8, 2000 Jerry Birkes moved to approve the minutes as submitted. Sara Lester seconded the motion. The vote being: Ayes: Henry, Birkes, McNosky Noes: None Abstained: Rutherford, Lester Chairman McNosky explained the procedures of the Zoning Board of Adjustment to the audience. She asked the voting members to identify themselves. The voting members for the meeting are: Rutherford, Lester, Henry, Birkes, and McNosky. Chairman McNosky outlined the meeting format for the audience. PUBLIC HEARING - A request from George Lamberth for a variance from Section 3.26 - Fences Free Standing Walls, and Screening Material of the Land Development Code - to provide for the construction of a 6' wrought iron fence that would encroach over a portion of the 30' building line on Lot 25, Block 1, Remington Park, Phase II at 503 Mustang Court. Case A-00-005 Jan Levy presented the case to the Board. George Lamberth was present to represent the case. He said that they have moved from California and were not in possession of the dwelling when the Board heard the previous case relating to a front building line encroachment. He said that they made changes to the request by changing the material of fencing to a 6' wrought iron fence rather than a wooden fence, and they changed to a much less obtrusive location over the building line. He said that the purpose of the change in location from the current fence is in order to secure the pool equipment. He said that the pool meets all of the restrictions on the property. He said that the pool equipment being exposed is a personal risk that they would like to avoid. He said that the fence would be aesthetically appealing to the neighbors. He said that they will landscape the fence for additional privacy. He said that at the time they bought the home, they were not really advised what the building lines were and as a result have downsized the pool, moved fences, and they would appreciate the Board's favorable consideration of their request. Chairman McNosky asked if there was anyone else wishing to speak. There was no one. Jerry Birkes told the applicant that one of the other members who is not present and is a builder, inspected the pool and asked questions about the location of the pool equipment. He said that at that time, there was some confusion about where the pool equipment was originally located. Zoning Board of Adjustment Minutes -August 22, 2000 Page 2 of 7 -DRAFT (08/24/00) He said that this member said that the pool equipment was on the side of the house not the frc, Mr. Birkes asked if the pool equipment has been moved from that original location to the front of the house. Mr. Lamberth responded that the equipment is where it was originally installed. He said that in order to protect the resource of the trees, they have literally had to collapse the pool. He said that the walkway runs right along the fence line. Mr. Birkes said that the other contention at the last meeting was that the pool seemed to be constructed toward the building line and the in the drawing there seems to be space near the patio area. Mr. Lamberth said that they looked at placing the pool farther back on the lot, but it left little patio space and did not allow for egress and transgress to the rest of the yard. He said that that location would interfere with their walkways and their grandchildren could not access the yard. Sara Lester commented on the location of the trees and the need to stay as far away from the root system in order to prevent them from dying. Mr. Lamberth said that the minimum space that they could build in was 10'. He said that the curvature in the pool accommodates the root system. He said that there are about six trees mature trees that range in diameter from 8" to 13". Teresa Rutherford questioned the location of the fence against the dwelling and the location of the pool equipment on the drawing. He said that the air conditioning unit and the pool equipment. Mr. Lamberth indicated on the drawing where the equipment is located. He said that they painted the equipment green and have landscaped to make the area more appealing to the neighbors. He said that the equipment is still exposed and anyone could maliciously damage the equipmer. He said that the shrubbery was recently planted and will be moved to accommodate the fence. Chairman McNosky closed the public hearing. Larry Henry said that from his perspective, he believed that the pool could have been moved farther back and left space to access the yard, but the fact of the matter is that the pool is there. He said that he understands the need and desire to protect the trees, and they look great and add value. He said that he does not see that the variance will be harmful in any way and the applicant is trying to protect the trees. He said that there is a hardship because of the impact of the building lines on a corner lot. Jerry Birkes moved that the variance is approved as stated that it is a 6' wrought iron fence and not a wooden fence. Teresa Rutherford seconded the motion. The vote being: Ayes: Rutherford, Lester, Henry, Birkes, McNosky Noes: None 2. PUBLIC HEARING - A request from Jim and Lanette Carpenter for a variance from Section 3.26 -Fences Free Standing Walls, and Screening Material of the Land Development Code - to provide for the construction of a 6' wrought iron picket fence that would encroach over the 30' building line along Bill Simmons Road on the lot at the southeast corner of Bill Simmons Road & Glade Road - 2201 Glade Road, Abstract 328, Tract 2Q. Case A-00-006 Zoning Board of Adjustment Minutes -August 22, 2000 Page 3 of 7 -DRAFT (08/Z4/OOJ Jan Levy presented the case to the Board. She explained how staff determined the proper location for a fence if the property was platted and the right-of-way for Bill Simmons Road was dedicated. Staff determined that the farthest location a fence could be placed away from the dwelling would be 43' from the side of the dwelling and the applicant is asking to place a fence 48' from the side of the dwelling. Staff acknowledged the applicant's desire to save the mature trees and be as far away as possible from the drip fine and not disturb the root system. Mr. Birkes asked about the drawing that was presented and why staffs indication of 43' seems to be farther away from the dwelling than the location that is indicated by the applicant stating 48'. Staff responded that the applicant's drawing is not correct. Staff indicated the 43' in relation to the center line of Bill Simmons Road that was determined by a site visit rather than the centerline shown by the applicant. The applicant's property line comes to the center line of Bill Simmons Road. The 43' is the City's figure and would comply to any future platting requirements. Staff presented another drawing to clarify their position. They displayed the photograph of the trees and indicated that the fence would be five feet closer to the dwelling than the applicant is requesting in order to alleviate the confusion on the plot plan drawing. Staff told the Board that the applicant's drawing is not correctly drawn to reflect the centerline of Bill Simmons Road. Staff told the Board that the 43' line would be on the western side of the trees. Sara Lester asked staff to explain how they determined the 43' line. Staff answered that they determined the center line of Bill Simmons Road and measured 25' from the center line to allow fora 50' right-of-way that is required for local roads. The fence could be considered a perimeter fence and could be placed at that location. Staff said that the 43' is 5' farther back than what the applicant is requesting. Dee McNosky said that the 5' may have a significant impact on the trees and the fence would be placed farther back than any other fences in the neighborhood. Jim Carpenter, applicant was present to represent the case. He said that for the public record, staff has been very helpful in explaining the variance process to him. He said that he wanted to say thanks for the courtesy and professionalism displayed by staff. He presented overheads of what the first phasing of the fence would look like. He said that in the first phase there would not be brick columns. He said that after they pay for the next semester of their son's college, they may construct the brick columns. He presented an overhead of the trees that were planted by them 25 years ago. They said that the property was a neighbor's chicken coop and they really did not know where the property lines were at the time. He said that they have nurtured the trees. He said that when they had problems with their septic system, they had to dig and disturb the trees. He said that they went into decline at that time about 10 years ago. Mr. Carpenter said that when city sewer became available, the roots were cut again at approximately the location they are requesting the fence to be placed. He said that they then had a major gas leak in their yard and the gas company cut through the roots again. He said that the trees have been disturbed three times at the 48' to 49' away from the house location. He said that 5' closer to the root ball will have a big impact and they don't want to disturb the root system. Zoning Board of Adjustment Minutes -August 22, 2000 Page 4 of 7 -DRAFT ~O8/24/OOJ He displayed an overhead of a picture taken down the center line of Bill Simmons Road to shy the location of the neighbors' fences. He said that all of the fences are approximately 12' away from the edge of the asphalt. He requested that they be allowed to place the fence like every body else and then build the brick columns later on and not do anything else to disturb the root balls. Mr. Carpenter asked the Board to grant the variance at 48' from the dwelling. Jerry Birkes told the applicant that he had a sprinkler head that has blown off at the south of the property. He asked the applicant why he wants to build the fence at 48' away from the dwelling rather than the 43' recommended by staff. From the overhead indicating the applicant's proposed line in relationship to the trees, he indicated where the roots were disturbed by the gas company and said that that location would not disturb the root system any farther. Chairman McNosky asked the applicant about the possibility of placing a fence directly over the gas line and possible future rupture of the line. She asked him if he was aware of the possibility of having the fence ripped up to repair any ruptured lines. Mr. Carpenter said that the fence would be inside the gas line. Teresa Rutherford asked the applicant how far apart the brick columns would be constructed. He responded that they would be as far apart as every fence section, probably 12'. He said that he consulted the neighbors on the materials and chose what would look best and he would do the same for the columns. Larry Henry asked if the applicant really felt that the columns were a necessity because they could further damage the root system of the trees. Mr. Carpenter said that having just the wrought iron fence would not disturb the root balls if it is placed 48' away from the home. He said that they do have to drill holes and pour concrete and 5' closer to the trees would cause a problem with the central root ball. Mr. Henry said that they could avoid any disturbance by not drilling holes for brick columns and just having a fence. Lanette Carpenter said that they have not made a decision to build brick columns. She said that they can currently afford to build the fence without the brick columns and it would look just fine and they may decide not to put in brick columns. Mrs. Carpenter said that if the City told her to put in brick columns, they would find a way to put them in. She said that they would like to enclose that part of their yard and they didn't want the fence to get any closer to the trees. She said that they had a tree surgeon come out to work on the trees and he advised them that if they put the fence 48' away from the home, the trees would probably not be hurt. She said that they did not ask him about putting the fence closer to the trees because they did not consider that. Jerry Birkes asked the applicants why they did not consider placing the fence on the other side of the trees near the dwelling. Mr. Carpenter said that they wanted to stay outside the drip line as far as possible. The existing sidewalk meanders about 3 to 4 feet away from the house to avoid the drip line and they want to have full use of their yard. He said that they have given away a big chunk of their yard to the City to build sidewalks along Glade Road. He said that they started with an acre of property and it is now reduced back to .6b acres and this would further reduce their yard. He said that potentially they would have a house on a little postage stamp and wouldn't have yard for their kids. Zoning Board of Adjustment Minutes -August 22, 2000 Page 5 of 7 -DRAFT (08/24/00 Lanette Carpenter said that she would not go to the trouble of putting a fence on the east side of the trees, because it wouldn't serve any purpose. She said that it wouldn't bring in any part of the yard and they want that big part of the yard for future grandchildren to play in. Teresa Rutherford said that she was having trouble in seeing why a wrought iron post placed in the ground with a piece of concrete every twelve feet would have a big effect on the trees. She said that it was not like they would have to dig a ditch along the tree line. Lanette Carpenter responded that the tree surgeon told them that he has seen where people have just parked a car under a tree and that causes damage to the tree. She said that they were advised that the farther they can put a fence away from the drip line, the better off the trees would be. There being no other speakers, Chairman McNosky closed the public hearing portion Jerry Birkes said that there has been mention of other lots south of the Carpenters' lot having fences closer than allowed. He said that these are in a very rural area and the neighbor to the west has a fence for the livestock and some of the properties have horses on them. He said that the Carpenters have a residence on Glade Road not a farm on Bill Simmons. He acknowledge there are other fences built back from the street and he does not believe that posts built every twelve feet would have much of an adverse effect on the trees. He said that this is a comer lot and as he, Mr. Birkes, is on a corner lot, he couldn't build a fence wherever he wanted, but by the regulations. He said that he did not see a conflict with the property itself, and he would recommend going with staff's recommendation of building the fence 43' from the house. Chairman McNosky stated that this piece of property is not platted and it does not fall under the guidelines that they typically look at for zoning variances. She said that the property does not have platted 10' or 15' setbacks. Chairman McNosky said that it is the custom of the area that fences are placed about 12' from the road and this property may never be platted. She said that they could also go with the applicants' request and place a condition that they understand that if in the future that if Bill Simmons was widened or the property was platted, they move the fence. She said that this is not really a zoning issue, because the property is not zoned as a platted lot, and they need to be a little more flexible than if the property was platted. Larry Henry said that he agrees with staff's recommendation that damage to the trees can be avoided by not putting in brick columns. He said that the main concern about the trees is that their feeder roots are close to the surface and he can support the staff's recommendation. Mr. Carpenter said that they are not asking for anything different than what has been approved for his neighbors. He said that Mr. Kramer installed a fence two properties down from his last year and it is exactly 12' from the road. Mr. Carpenter said that as one goes down the street, there is fence after fence and they are not asking for anything out of the ordinary. He said that they happen to be in a hardship situation because they are on the corner lot, and it is very unlikely that Bill Simmons will ever develop because it cannot be a through street. He said that if some point in the future the City wants them to plat the land, they would be open to moving the fence back. He said that he does not think that they are asking for anything out of the ordinary. Zoning Board of Adjustment Minutes -August 22, 2000 Page 6 of 7 -DRAFT (08/24/00) Chairman McNosky called for a motion. In the absence of a motion, Chairman McNos moved to approve the applicant's request to allow the construction of a fence at the 48' mark with the condition that if in the future the property is ever platted, the applicants would be responsible for moving the fence into the appropriate area in order to give leeway to the road. Teresa Rutherford seconded the motion. The vote being: Ayes: Rutherford, Lester, McNosky Noes: Henry, Birkes Larry Henry moved that the variance be approved with a change to the staff s recommendation that the fence be placed at 43'. Jerry Birkes seconded the motion. The vote being: Ayes: Rutherford, Lester, Henry, Birkes, McNosky Noes: None 3. Discussion and consideration of amending the Zoning Board of Adjustment Rules of Procedure. Case A-00-007 Chairman McNosky said that Steve Magee was going to bring some items related to the rules forward at this meeting. Jan Levy informed the Board that she spoke with Steve Magee earlier in the day and he confirmed that the changes met with his satisfaction and incorporated tt changes he suggested for changing the number of meetings a month, incorporate the language about the voting members, and clarifying posting times. Teresa Rutherford said that the word "absent" needed to be removed from Section 201 because it was redundant. Jerry Birkes requested that the word "may" be changed to back to "shall" in section 504 because it should be required that the Chairman will call for questions. Larry Henry stated concerns that the Chairman could prevent the Board from asking questions. Chairman McNosky said that she believed the word should be '~nrill" and the Board agreed that it gives the statement more structure. Staff advised the Board that a variance request has been filed and there will be a meeting scheduled for September 12'h. Jan Levy told the Board that staff will incorporate the Board's corrections and present a revised version of the Rules of Procedure if they wanted to review them again. Teresa Rutherford said that Section A-3 the word "will" is changed to "shall", so the same change should be made to Section B-3 on page 9. Discussion ensued about the meaning of "will" and "shall". Jerry Birkes asked what happens when a term expires. Staff explained the changes regarding election of officers in regards to vacancies on the Board. Mr. Birkes said that he was questioning when a term expires at the end of a term. Staff explained that the City Council accepts applications for every position that is expiring and the current member needs to reapply for Zoning Board of Adjustment Minutes -August 22, 2000 Page 7 of 7 -DRAFT (08/24/OOJ reappointment. Jan Levy informed the Board that the terms that will be expiring September, 2000 wilt be: Place 1 -Teresa Rutherford; Place 2 -Sara Lester; Place 3 -vacant; Alternate #2 - Steve Magee and Council is accepting applications until September 14tH Chairman McNosky requested that her comments to the City Council be entered into the record. She said that she can appreciate that they have full right to appoint new people to the Board. She said that if the current individuals choose to reapply for their positions, she would like the Council to give heavy weight to the thought that the Board is finally getting to the point where people are trained for their jobs. She said that this Board historically has not been able to fulfill its commitment on a consistent basis because there have not been trained people who really know what they are doing. She asked that the Council give that thought heavy consideration. Chairman McNosky said that it is crucial that the Board be trained and functional and if the Council continues to keep uprooting people on a regular basis, she doesn't think that that is going to happen. Jerry Birkes moved that the meeting be adjourned. Teresa Rutherford seconded the motion. The vote passed unanimously. Larry Henry informed the Chairman that he would not be at the next meeting. The Chairman reopened the meeting in order to reopen the discussion on Item #3. Jerry Birkes moved that the proposed revisions to the Rules of Procedure be approved with the following changes: 504. "and may call for questions ..." be changed to "and will call for questions..." B-3 "administrative official will ..." be changed to "administrative official shall..." 201. remove "absent" to read "Any regular or alternate member arriving..." Teresa Rutherford seconded the motion. The vote being: Ayes: Rutherford, Lester, Henry, Birkes, McNosky Noes: None ADJOURNMENT: There being no further business, the meeting adjourned at 8:20 p.m. Respectfully Submitted, Jan Levy Planning 8~ Zoning Assistant Approved on: PARKS AND RECREATION ADVISORY BOARD MINUTES Monday August 14, 2000 7:00 p.m. Chairman Rich Hendler called the meeting to order at 7:00 p.m. on Monday, August 14, 2000 at the Parks and Recreation office. ROLL CALL: Members: Chairman Rich Hendler, Councilman Mike Taylor, Ken Crooks, Roger Nelson, Steve Magee, Joe Noorlag, Vince Rosen and Karen Birkes ABSENT: Dan Witte STAFF: Dianne McWethy, Assistant City Manager, Monica Sue Walsh, Parks and Recreation Manager, Craig Dishman, Recreation Supervisor, and Cynthia Singleton, Office Assistant GUESTS: Larry Huey, Colleyville Soccer Association and Vange Pueblo, Colleyville Baseball Association 1. Call to Order 2. Approval of the July 17, 2000 Minutes Steve Magee moved to approve the July 17, 2000 Parks and Recreation Advisory Board minutes and Vince Rosen seconded the motion. The vote was unanimous. Parks and Recreation Advisory Board Meeting August 14, 2000 Page 2 3. Discussion of Partnerships with G-CISD for Facility Use Chairman Hendler provided an overview of the City's partnership efforts with the Grapevine-Colleyville Independent School District (G-CISD). Chairman Hendler also discussed his interest in working with G-CISD to develop a program for a high school student to attend the Board meetings on a quarterly basis. As requested, City Manager Bob Stripling will submit a written request to Dr. Jim Thompson, Superintendent, for the appointment of a Board of Trustee member to serve as liaison to the Parks and Recreation Advisory Board. In consideration of discussions regarding the need to explore additional opportunities to work with G-CISD for use of their facilities to meet the facility needs of the youth sports associations, the Parks and Recreation Advisory Board identified the following items to submit to the District for consideration: 1) Land for construction of practice baseball field -Colleyville Baseball Association (CBA) has an immediate need for a practice field for the 11 -14 age group 2) Field improvements to O.C. Taylor and Colleyville Middle School playground areas, which the City worked with the District to build during construction of City Park 3) Field request for Colleyville Heritage High School (CHHS) football fields as a practice site for soccer 4. Update of Youth Sports Association Facility Needs Representatives of the Colleyville Baseball and Soccer Associations provided an overview of the current and projected facility needs for practice and game fields. Monica Sue Walsh, Parks and Recreation Manager, provided an overview of current and future facility needs for all of the youth sports associations, as identified by association representatives. Parks and Recreation Advisory Board Meeting August 14, 2000 Page 3 5. Update of Current and Future Park Planning Monica Sue Walsh, Parks and Recreation Manager, and Dianne McWethy, Assistant City Manager, presented an overview of current and future park projects and the Parks, Recreation and Open Space Master Plan. At the September meeting, the Board will hold a worksession to identify park priorities and a proposed plan of action, including funding alternatives, to meet the recreational needs of the community. 6. Recreation, Athletics, Tennis and Seniors' Report Craig Dishman, Recreation Supervisor, provided an overview of the current and proposed recreation programs and activities available to the citizens of Colleyville and the surrounding areas. 7. Park Operations and Capital Improvement Status Report Monica Sue Walsh, Parks and Recreation Manager presented a status report of current projects. 8. Adjournment Ken Crooks moved to adjourn at 9:35 p.m. and karen Birkes seconded the motion and the vote was unanimous. Respectfully submitted: Cynthia Singleton, Office Assistant Approved: Monica Sue Walsh, Parks and Recreation Manager COMMUNITY CENTER ADVISORY COMMITTEE July 31, 2000 Minutes Present: Chair Bonnie Carroll, Ret Stansberger, Paul Vigiletti, Linda Ponder, Louis Miller, Mary Michaels, Muriel Havran, Rob Rutherford, Sharon O'Neil Mayor Donna Arp; Councilman Liaison Ginny Tigue; Dianne McWethy, Assistant City Manager; Lin Przybyl, Community Center Supervisor Citizen Mark Emst, Chairman, Northeast Tarrant County Chapter of Ducks Unlimited Absent: Shirley Schollmeyer, Lois Mackey, Barbara Brown Chair Bonnie Carroll called the meeting to order at 5:35 p.m. 2. Mark Ernst, Chairman of the Northeast Tarrant County Chapter of Ducks Unlimited, gave a presentation and requested to be considered a Colleyville local non-profit organization. The Committee was in agreement to maintain the current policy regarding qualifications and criteria for a local non-profit rate status. Ducks Unlimited is considered to be a non- local organization. 3. Minutes for the May 8, 2000 quarterly meeting were approved. 4. The Committee reviewed and discussed the 3rd FY00 Quarterly Report for the Community Center. 5. Staff updated the Committee on the progress of the Garden Plaza Project. Completion of the hardscape portion of the project should be complete by mid-August. 6. The Committee reviewed the Rate and Policy Comparison and recommended that a subcommittee be established to evaluate staff research and present a recommendation to the Advisory Committee. The subcommittee volunteers are Ret Stansberger, Mary Michaels, Sharon O'Neil, Bonnie Carroll and Ginny Tigue. The first meeting of the subcommittee was scheduled for Wednesday, August 9, 2000 at 5:30 p.m. 7. Chair Bonnie Carroll adjourned the meeting at 6:05. COMMUNITY CENTER ADVISORY COMMITTEE August 14, 2000 Minutes Present: Chair Bonnie Carroll, Ret Stansberger, Linda Ponder, Shirley Schollmeyer, Lois Mackey, Mary Michaels, Muriel Havran, Rob Rutherford, Sharon O'Neil Councilman Liaison Ginny Tigue; Dianne McWethy, Assistant City Manager; Lin Przybyl, Community Center Supervisor Absent: Paul Vigiletti, Louis Miller 1. Chair Bonnie Carroll called the meeting to order at 5:35 p.m. 2. The Advisory Committee reviewed and unanimously approved the subcommittee recommendations to adjust the Fee and Policy Schedule with the exception of the proposal to change the cancellation policy. The committee agreed to consider this change at a later date. 3. Chair Bonnie Carroll adjourned the meeting at 6:45 p.m. COMMUNITY CENTER ADVISORY COMMITTEE August 28, 2000 Minutes Present: Chair Bonnie Carroll, Ret Stansberger, Linda Ponder, Lois Mackey, Mary Michaels, Muriel Havran, Sharon O'Neil Dianne McWethy, Assistant City Manager; Lin Przybyl, Community Center Supervisor Absent: Councilman Liaison Ginny Tigue, Paul Vigiletti, Louis Miller, Shirley Schollmeyer, Rob Rutherford 1. Chair Bonnie Carroll called the meeting to order at 5:35 p.m. 2. The Advisory Committee reviewed and unanimously approved the subcommittee recommendations to revise the Cancellation Policy. 3. Chair Bonnie Carroll adjourned the meeting at 5:45 p.m. RESOLUTION R-00-1708 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF SEPTEMBER 05, 2000 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 , 2000, BY A VOTE OF AYES, NAYS, AND ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE Jean Harris, TRMC, CMC Donna Arp City Secretary Mayor