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Home My WebLink AboutCity Council-Agenda Packets-2/18/2003 City of CDS AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD FEBRUARY 18, 2003 5:15 P.M. - PRE-COUNCIL AGENDA PC.-1. Overview of the 2003-2004 Budget Calendar PC.- 2. Discussion of February 18, 2003 City Council regular agenda items 6:30 P.M. - HISTORICAL PRESERVATION COMMITTEE APPLICANT INTERVIEW REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551 .087 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Deliberations regarding economic development negotiations -Town Center development Sec. 551.071 - 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Sister Dorothy Eggering, Good Shepherd Catholic Community PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney 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 - In recognition of TOUGHLOVE@ Programs Against Violence Month - Janet Slayton, Ed Slayton and Sandra O'Neil, TOUGHLOVE@ International representatives PROCLAMATION - In recognition of Congenital Heart Defects (CHD) Day - Sally Pearson, President of Heart to Heart and Susan Tucker, Heart to Heart Board Member CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-21 00 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 4, 2003 b. Approval of minutes of the City Council Worksession of January 30, 2003 c. Approval of minutes of the City Council Worksession of February 6, 2003 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1389 - Approval of a Special Use Permit for Alcoholic Beverage Sales at Town Center Colleyville, located on the southeast corner of Hall Johnson Road and Colleyville Boulevard in the 5500-5700 block, Case Z-03-001 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1390 - Approval to rescind 0-93-915 and exempt a portion of the market value of resident homesteads of persons sixty-five years of age or older and disabled persons from ad-valorem taxes, rendered after the passage of this ordinance 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1391 - Zoning Change from AG to R20 on Lot 2, Weston Ward Addition located at 6412 Ponderosa Lane, Case Z-03-002 7. READING AND PUBLIC HEARING - Resolution R-03-2101 - Consideration of appointment to Historical Preservation Committee 8. READING AND PUBLIC HEARING - Resolution R-03-2102 - Approval to enter into a contract with The Library Corporation, for an Integrated Library System for the Colleyville Public Library, in an amount not to exceed $123,019 9. TABLED ITEMS: CONSIDERATION OF ORDINANCE 0-03-1385 - Approval of a Zoning Change from AG to PUD-C Planned Unit Development Commercial on 4.268 acres located on the east side of Colleyville Boulevard, north of Tarrant Lane, Case Z- 02-034 10. CONSIDERATION OF ORDINANCE 0-02-1382 - Approval to adopt an Ethics Code 11. STAFF REPORTS: MONTHLY FINANCIAL REPORT QUARTERLY FINANCIAL REPORT CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 18, 2003 - Reading and Public Hearing - Resolution R-03-2103 ADJOURNMENT: 14. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, February 14, ~~~~r Cynthia Singleton, TRMC City Secretary If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.577.7575, and reasonable accommodations will be made to assist you. CITY COUNCIL co:@m", AGENDA BRIEFING T(.';O;<:l~ MEETING DATE: ITEM#: ORDINANCE # : 02/18/03 PC-1 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW i Previous Action: None DEPARTMENT: OFFICE OF CITY MANAGER SUBJECT: Overview of the 2003-2004 Budget Calendar The development of the annual budget for the City requires a considerable amount of time and preparation by both staff and City Council. Attached is the draft calendar for budget meetings for the development of the FY2003-2004 budget. I am interested if you have ideas on how to make the budget development process more interactive. There are several worksession dates scheduled for City Council. Please take particular note of these dates and advise if the proposed dates will work with your calendar. Date Friday, March 28 Wednesday, April 16 - Thursday, April 17 Friday, May 2 Tuesday, May 6 - Thursday, May 8 Wednesday, May 15 Monday, May 19 Friday, May 30 - Saturday, May 31 Friday, June 6 Thursday, June 12 Tuesday, June 17 Thursday, June 19 Monday, July 7 Wednesday, July 9 Friday, July 11 Friday, July 25 Wednesday, July 30 Friday, August 1 Friday, August 8 Wednesday, August 13 Tuesday, August 19 Tuesday, August 26 Tuesday, September 2 Tuesday, September 16 Friday, January 2 City of colleyville FY 2004 Preliminary Budget Schedule Event Personnel Reclassification requests due in HR Budget kickoff meetings - 1 :30 p.m. and 9:00 a.m. Distribute Base Budget and BAF Forms Proposed Departmental Base Budgets, Goals and Objectives and Service Delivery Measures due to Deputy City Manager Revenue detail sheets due to Finance Director New Position Request due to HR Base Budget presentation sessions to Budget Committee Preliminary appraisal information received from TAD Preliminary revenue estimates due from Finance Director City Council Work Session with City Manager Budget Adjustment Forms (BAF's) due to Deputy City Manager Agency Requests due to Deputy City Manager BAF presentation and ranking Preliminary budget due from Budget Committee to City Manager Budget Committee reviews budget with City Manager Departments receive City Manager decisions Departments appeal decisions to City Manager City Manager makes final budget decisions Receipt of certified tax roll Budget and support information compiled and finished printing Budget and clP recommendations to City Council City Council budgetlclP worksession City Council budgetlclP work session, if needed Approval of Tax Rate Resolution Proposed tax rate advertised Budget and tax rate ordinances - first reading Budget and tax rate ordinances - second reading/adoption Budgets printed for distribution PRE-COUNCIL CilY O( CO:~,1) AGENDA BRIEFING ;-l':-;<:l~ MEETING DATE: I 02/18/03 CITY MANAGER : ITEM#: ! PC-2 DEPARTMENT HEAD ' rJ6 , FINANCE REVIEW, N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of February 18, 2003 regular agenda items This item provides the opportunity for the City Council to discuss the regular agenda items. CITY COUNCIL CO:~il'" AGENDA BRIEFING 7(."x,,~ MEETING DATE: 02118/03 CITY MANAGER I -::~" ITEM #: 1 DEPARTMENT HEAD i e/:> RESOLUTION #: N/A FINANCE REVIEW ! N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.087 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Deliberations regarding economic development negotiations - Town Center development Sec. 551 .071 - CITY COUNCIL cce'" AGENDA BRIEFING il';o;~::> MEETING DATE: ITEM#: RESOLUTION #: 02/18/03 2 N/A CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENT A TIONS PROCLAMA liON - In recognition of TOUGHLOVE@ Programs Against Violence Month - Janet Slayton, Ed Slayton and Sandra O'Neil, TOUGHLOVE@ I nternational representatives PROCLAMATION - In recognition of Congenital Heart Defects (CHD) Day - Sally Pearson, President of Heart to Heart and Susan Tucker, Heart to Heart Board Member roclamation CITY OF Colleyville, Texas WHEREAS: many young people in our community are troubled, failing in school, involved in gangs, abusing drugs and alcohol, are runaways, involved in theft and violence, and it is time to take a stand as a community in support of parents who are dealing with troubled kids; and WHEREAS, TOUGHLOVE@ International is a parent support group and a community resource that is taking action to deal with troubled teenage behavior and is giving support to our community, our educational institutions, and our legal system; and WHEREAS, TOUGHLOVE@ International is giving support to our community, our educational institutions and our legal system. NOW, THEREfcQRE, I, DONN.()~RP. MAYQf(OFTHE CITY OF COLLEYVILLE, TEXAS."~on behalf of the ColleyvmeCltyc. Council and the citizens of Colleyville, do hereby proclaim F~bruary c.cc TOUGHLOVE@ PROGRAMS AGAINST VIOLENCE MONTH 1- IN WITNESS WHEREOF, r do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 1?th day of February 2003. ~. \~;~.\i:. ' . \,\ l~.~~ '",\"-':-~j: .. . 'i roclamation CITY OF Colleyville, Texas WHEREAS: Heart to Heart has provided emotional support and information to parents of children with Congenital Heart Disease for over 20 years; and, WHEREAS, Congenital Heart Defects (CHD) is the number one birth defect; and, WHEREAS, Over 40,000 babies are born each year with CHD in the United States; and, WHEREAS, 1 in 100 babies are born with CHD with varying degrees of severity; and, ''1 WHEREAS, Nearly twice as many children die from CHD than from all forms of childhood cancer combined; and, WHEREAS, Undiagnosed CHD and/or Early Onset Heart Disease may be responsible for cases of sudden cardiac death in young athletes; and, WHEREAS, FUriC1in~tis needed for research !oJ)r~~ent_<<>.r. cure CHD; and, WHEREAS, There are over 1 milHon surVivors oiCHD iiVing today. -. '- ~ " NOW, THEREFORE, I, DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on . beh@lf of the Colleyville City Council and citizens of Colleyville. do hereby proclaim February 14, 2003, as CONGENITAL HEART DEFECT (CHD) AWARENESS DAY in the City of Colleyville and encourage citizens to continue their support in a campaign to increase public awareness of this disease. IN WITNESS WHEREOF, I do hereby setmy hand and seal of the City of Colleyville, Texas, affixed this 18th day of February 2003. ~ RESOLUTION R-03-2100 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF FEBRUARY 18, 2003 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 February 4, 2003, are hereby approved. b. THAT the minutes of the City Council Worksession of January 30,2003, are hereby approved. c. THAT the minutes of the City Council Worksession of February 6,2003, are hereby approved. AND IT IS SO RESOLVED. APPROVED THIS AYES, DAY OF NAYS AND 2003, BY A VOTE OF ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING FEBRUARY 4, 2003 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Arp on February 4, 2003, at 5:18 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, and Richard Newton were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Community Development Director Barry LeBaron, Interim Community Development Manager Clayton Husband, Public Works Director Keith Fisher, Records Manager Matt Denton, Administrative Assistant Cindy Martin, and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Ginny Tigue arrived at 5:25 p.m. Councilman Rich Hendler arrived at 5:28 p.m. PC.-1. Discussion of proposed amendments to sign regulations Community Development Director Barry LeBaron provided an overview of proposed amendments to sign regulations. Council requested that staff provide pictures and dimensions of signs along 1709 Boulevard and sign ordinances from other cities around the country. PC.- 2. Discussion of February 4, 2003 City Council regular agenda items There was general discussion regarding the regular agenda items. Mayor Arp declared the meeting adjourned at 6:30 p.m. CITY COUNCIL MINUTES FEBRUARY 4, 2003 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on February 4, 2003, at 6:48 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Rich Hendler, Richard Newton and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Community Development Director Barry LeBaron, Interim Community Development Manager Clayton Husband, Public Works Director Keith Fisher, Public Works Manager Kelly Howell, Fire Chief Mike Johnston, Records Manager Matt Denton, Administrative Assistant Cindy Martin, and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Mayor Arp explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal, Section 551.072 - Property Acquisition, and Section 551.074 - Personnel. She further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:50 p.m. and reconvened at 7:30 p.m. The invocation was given by Reverend Kevin Lykins of Pleasant Glade Baptist Church, after which Ross Foster led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Arp expressed appreciation to Mayor Pro Tem Tigue for presiding over the January 21,2003 Council meeting. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2096- Consent Items: a. Approval of minutes of the regular City Council meeting of January 21, 2003 2 CITY COUNCIL MINUTES FEBRUARY 4, 2003 b. Approval to purchase a % ton Ford truck from Northside Ford of San Antonio through the Texas Local Government Purchasing Cooperative (BuyBoard), in the amount of $25,237 Mayor Arp opened the public hearing and read Resolution R-03-2096 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Resolution R-03-2096. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1388 - Approval of a City Developer Agreement with the First United Methodist Church Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1388. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt moved to approve Ordinance 0-03-1388. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1389 - Approval of a Special Use Permit for Alcoholic Beverage Sales at Town Center Colleyville, located on the southeast corner of Hall Johnson Road and Colleyville Boulevard in the 5500-5700 block, Case Z-03-001 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1389. 3 CITY COUNCIL MINUTES FEBRUARY 4, 2003 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding overlay zoning, distance requirements, process for obtaining a permit, ratio of food sales to alcohol sales and the Texas Alcoholic Beverage Commission reporting schedule. Council requested that food to alcohol sales ratio information be provided more than once a year and that the City Attorney provide information regarding the modification of distance requirements. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1390 - Approval to rescind 0-93-915 and exempt a portion of the market value of resident homesteads of persons sixty-five years of age or older and disabled persons from ad-valorem taxes, rendered after the passage of this ordinance Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1390. Mr. Sam McCollough, 4912 Behrens Road, spoke in favor of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the exemptions in surrounding cities and desires of senior citizens. City Manager Bill Lindley proposed a discount applied to the monthly utility billing as an alternative to the exemption. Discussion continued regarding the amount of the exemption, the impact of the exemption on the FY2004 budget, percent of appraised property home value increases, potential for a tax increase, establishment of a committee, qualifications for homestead exemption and number homes eligible for exemption in five years. City Manager Bill Lindley provided an overview of the basis for proposing a discount to the utility billing. Discussion continued regarding past utility rate increases and water rates. Council requested that staff provide the number of households that use less than the minimum 2,OOO-gallon water usage. 4 CITY COUNCIL MINUTES FEBRUARY 4, 2003 7. READING AND PUBLIC HEARING - Resolution R-03-2097 - Approval of a waiver of sidewalk construction requirements on Lot 1, Block 1, Stephens Addition, located at 612 Shelton Drive, Case P-03-002 Mayor Arp opened the public hearing and read Resolution R-03-2097 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 future development of the sidewalk and funding. Mayor Pro Tem Tigue moved to approve Resolution R-03-2097. The motion died for lack of a second. Councilman Rice moved to approve Resolution R-03-2097 with the following amendment: that the sidewalk construction requirements on the frontage of Hunter Lane are waived and that the sidewalk located on the Shelton Drive shall be constructed or an equivalent amount of money escrowed with the City for future construction. Councilman Newton seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: Councilman Hocutt Mayor Arp declared the motion carried. 8. READING AND PUBLIC HEARING - Resolution R-03-2098 - Approval of a waiver of a Special Use Permit application fee for an accessory building requested by Terry Grisso Mayor Arp opened the public hearing and read Resolution R-03-2098 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 process for resubmitting a zoning application, desires of neighbors and refunding money. Mayor Pro Tem moved to approve Resolution R-03-2098. Councilman Hendler seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: Councilman Newton 5 CITY COUNCIL MINUTES FEBRUARY 4, 2003 Mayor Arp declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-03-2099 - Calling a general election for the purpose of electing a Mayor and Councilpersons to Places 1 and 2 Mayor Arp opened the public hearing and read Resolution R-03-2099 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton moved to approve Resolution R-03-2099. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-03-3000 - Approval of a contract with the Tarrant County Election's Administration for election services Mayor Arp opened the public hearing and read Resolution R-03-3000 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt moved to approve Resolution R-03-3000. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 11. REPORTS: TRAFFIC SAFETY ADVISORY TASK FORCE MINUTES - November 4, 2002 PLANNING AND ZONING COMMISSION MINUTES - January 13, 2003 There was no action taken on this item. 6 CITY COUNCIL MINUTES FEBRUARY 4, 2003 CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Joe Deupree, 5101 Montclair, spoke regarding Colleyville home values and open space. ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 4, 2003 - Reading and Public Hearing - Resolution R-03-3001 This Resolution was not needed. ADJOURNMENT: 14. ADJOURNMENT There being no further business before the City Council, Councilman Hendler moved to adjourn. Councilman Newton seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the meeting adjourned at 9:04 p.m. APPROVED THIS AYES, DAY OF NAYS AND 2003, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 7 MINUTES OF THE COLLEYVILLE CITY COUNCIL WORKSESSION January 30, 2003 The worksession of the Colleyville City Council was called to order by Mayor Pro Tem Tigue on January 30, 2003, at 5:45p.m. ROLL CALL: Council persons Joe Hocutt, Brad Rice and Rich Hendler were present. Mayor Pro Tem Ginny Tigue, City Manager Bill Lindley, Administrative Assistant Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. Councilman Richard Newton arrived at 6:10 p.m. Mayor Donna Arp was absent. II. Discussion of the Proposed Ethics Ordinance There was general discussion of the proposed Ethics Ordinance and modifications made as requested by Council. Council requested that Councilman Rice provide a revised flow chart III. Adjournment There being no further business before the City Council, the meeting was adjourned at 8:00 p.m. APPROVED THIS AYES, DAY OF NAYS AND 2003, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary MINUTES OF THE COLLEYVILLE CITY COUNCIL WORKSESSION FEBRUARY 6, 2003 The worksession of the Colleyville City Council was called to order by Mayor Arp on February 6,2003, at 3:10p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Rich Hendler, Richard Newton and Mayor Pro Tem Tigue were present. Mayor Donna Arp, City Manager Bill Lindley and City Secretary Cynthia Singleton were also present. Other attendees included Rob Farrell, Robert M. Farrell Properties, Charles Hodges, Hodges & Associates, Mark Zaebst, Lifetime Fitness and Stan Lotridge, United Commercial Realty. II. Presentation and Discussion of Town Center Development regarding project update and retail opportunities There was general discussion of the Town Center Development related to the Lifetime Fitness Center. Mr. Mark Zaebst of Lifetime Fitness provided an overview of the facility and services offered. City Manager Bill Lindley provided an overview of the process for negotiating a Tax Increment Financing agreement. III. Adjournment There being no further business before the City Council, the meeting was adjourned at 4:40 p.m. 2003, BY A VOTE OF ABSTENTIONS. APPROVED THIS AYES, DAY OF NAYS AND Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary CITY COUNCIL Ciry Of co:~'" AGENDA BRIEFING Texas MEETING DATE: i 02/18/03 CITY MANAGER ._~ ITEM # : ! 4 DEPARTMENT HEAD ':I'c.~ ORDINANCE # : i 0-03-1389 FINANCE REVIEW i N.A. Previous Action: 02/04/03 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Special Use Permit for Alcoholic Beverage Sales at Town Center Colleyville, located on the southeast corner of Hall Johnson Road & Colleyville Boulevard in 5500-5700 block, Case Z- 03-001 Second Reading and Public Hearing First Reading and Public Hearing Backqround Town Center Colleyville is located at the southeast corner of Hall Johnson Road and Colleyville Boulevard. The developer, Hodges and Associates, has submitted a Special Use Permit application to allow alcoholic beverage sales for on-premise consumption in restaurants and off-premise consumption in a grocery store. The proposed Special Use Permit would cover the entire Town Center project rather than specific buildings. By creating an overlay area, the Special Use Permit would be in place over the entire project, eliminating the need for individual businesses to request Special Use Permits. There are three other areas that are zoned with a similar overlay: the restaurant area on S H 121, an area on Colleyville Boulevard between Centerpark and Glade Road and the Village at Colleyville. Off-Premise Consumption. The proposed Special Use Permit would authorize the sale of alcoholic beverages for off-premise consumption on the property. This portion of the request is primarily for Market Street, a grocery store under construction on the site. On-Premise Consumption. The proposed Special Use Permit would also authorize the sale of alcoholic beverages for on-premise consumption in restaurants on the property. This portion of the request is for a restaurant pad area in front of Market Street and for any restaurant that might locate within a lease space. Distance Requirements from Churches and Public Hospitals. The Colleyville City Code requires that places that serve alcohol be located at least 300 feet away from church or public hospital. The distance is measured from front door to front door, along the street front property lines. The property satisfies this requirement. Agenda Briefing Ord inance 0-03-1389 Page 2 of 3 Distance Requirements from Schools. The Colleyville City Code and State alcohol laws provide for a 300 foot distance requirement between public and private school property and property where alcoholic beverages are sold. The distance is measured property line to property line. There is more than 300 feet between the Town Center property and the Colleyville Elementary School and Colleyville Middle School property; however, the Barbara Gordon Montessori School is located within 300 feet of Lot 1 R. The Colleyville and State codes require that at least 100 students be enrolled in order for a private school to trigger this provision, and the school currently has more than 100 students enrolled in kindergarten through sixth grade. Based on the most current site plan for the Town Center, this requirement would affect portions of two proposed buildings on the site. If the enrollment of the Montessori school drops below 100 students, then this requirement would not apply to the property. The remainder of Lot 1 R, the Market Street grocery store and the restaurant pad sites in front of Market Street are not affected by this requirement. The zoning of the property is separate from a business owner's ability to obtain an alcoholic beverage license from the Texas Alcoholic Beverage Commission. The distance requirements from churches and schools affect the issuance of a license and would apply even in areas that already have a Special Use Permit (Le., the Village). The Special Use Permit is used to state that an area is "zoned" for alcoholic beverage sales. Impact Issues 1. Master Plan. The proposal is compatible with the Master Plan, which indicates retail and commercial uses for the property. 2. Surrounding Properties. The property to the north is zoned CC1 and AG and is the location of Bluebonnet Hills cemetery. The property to the west is zoned CC2 and is used as office and retail businesses. The property to the east, across Bluebonnet Drive, is zoned R20 and is used for single-family residences. The property to the south is zoned PUD-R, and houses are being constructed on the lots. 3. Development Trends. This area is experiencing significant development. Two new office buildings have been completed on the west side of Colleyville Boulevard, and a new bank is under construction. A grocery store is under construction on the Town Center site, and a lighting store opened last year. The trend in the area is for commercial and retail development along Colleyville Boulevard. 4. Infrastructure. The existing utilities in this area will adequately serve the proposed development. 5. Current Zoning Suitability. The current zoning is compatible with the proposal, which allows retail and restaurant uses. 6. Economic Development. The sale of alcoholic beverages by local restaurants has a positive impact on economic development through the distribution of taxes on mixed beverage sales. There are ten restaurants in Colleyville that pay mixed beverage taxes to Agenda Briefing Ordinance 0-03-1389 Page 3 of 3 the State, which in turn distributes a portion of the tax collected to the city in which the business is located. The Mixed Beverage Allocation Historical Summary for Colleyville, available from the Texas Comptroller of Public Accounts, indicates that $29,599 in mixed beverage taxes were distributed to the City in 2002. Previous year distributions were $26,909 in 2001, and $20,204 in 2000. Sales tax is collected on beer and wine sales at grocery stores. 7. Public Notification. Staff mailed notices to 21 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. The Planning and Zoning Commission conducted a public hearing and considered this Special Use Permit request at its January 13, 2003 meeting. The Commission recommended approval by a unanimous vote. Recommendation Approval Attachments · Location and Zoning Map · Zoning Exhibit · List of Property Owners Notified · Ordinance 0-03-1389 .... I · 1--. ~! LLEY'IILLE Tl~ 01-- lDI ~, ffil I ,. u__. .._" U_h___ .._. I 1 I I I I I II.A5_~~. _ _ _ _ ~ \ I <" I ' v 1 ' , 6Y ) . .. .' LA dI'-1 J'" rjU~IAR f ,~ r 1 ,.-:, IR 'oolB ~R 'B.8..'l~."1 hRTR IV' 7 1I.tB'f I\. at( "t!l!lJA-t T!L1JlIl' , .<ro.;" " , Y U r-!l' P ~ l~ , '-: T~ lOO5f'(" .68l N:. .7n AC ..........1... : .SS'11 00 "'", TR '" ~ j 1.1\~"~~ r '... D., 1 \ T ,.. -z; .., ~~ TA IIID ~".~~..?\.04 At . 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I if ~~; \! 2 '.363 I I\.\'& q 'I co\'\.jlU 1fT cO~&Jl &111 c:~ 1 8. t7 a Location Map & Area of Notification CASE # Z-03-001 - Special Use Permit J" 2." / .01. HALL JDHI.SOI '" I ...88 . ti\11 CO}..J., f,SS( lAOt-l'f @ 1 \I :I 6 K INGSWOOO . 01 . 3 . 5 ... (}5 ~<!: E~Z~ 'P\, 1"5 el.. \d~, 1::'"' 0 50 ~& RO'1AL l'"A ~ ,-- 1 6 q 2 17 2 3 ,rr.ltlS 2 '" 1 ~ 1 ,!\o1?e .R ..po " .e~' - [\ppti CFIS~ 1R zo 1.BO ~ I -- Q, ~ j-l V Sl I 2 f~ CH ERRY AilE: CUl~1 10 TA U. 2.5 At I I I HI:i;:U! ;1'd,1!;I'1 ~1(1;a,t illl!!l;:, ,!i!'iil! hl,~i:9'1 Pi!Hi'!1 "" 0 0 F m ~ r r m CD ~ }> -t I }> r r C- O I Z CIl 0 Z 0 0 r r m ~ I: r r m 11\ -t m X I: G; I ~ < S 0 Z II ~ ~ ~ III ~ III f s:: If" I~ }> B! .. -U .. 8 Co> .~ fllil 8] ~ b '" I~ ;;: ~ ". ". !;j ~~ (') (") ~ ; j d ~ !i mm I~ ';-'J> '" el18 '" ~ en'" -ug l:r:l t>~ Bluebonnet Hills Memorial Park Attn: Debbie Lee Munch P.O. Box 11250 New Orleans, LA 70181 Barbara Gordon Montessori School 1513 Hall Johnson Road Colleyville, Texas 76034 Complementary Copy To: Kingswood Estate HOA C/o Kirk Stites, President P.O. Box 978 Colleyville, Texas 76034 Melvin & Marindale, Ltd. 8235 Douglas Ave., Ste 950 Dallas, TX 75225 Barnard Partners Ltd. XII 210 W. 6th St., Ste 302 Fort Worth, TX 76102 J T Corley 7310 Dominique Drive Dallas, TX 75214 Eagle-Colleyville Towne Square Two Lincoln Centre 5420 LBJ Freeway, Ste 1280 Dallas, TX 75240 Hodges & Associates - Applicant 13642 Omega Drive Dallas, TX 75244 Afrim & Ruzdi Bojku 3408 Glade Creek Drive Hurst, TX 76054 United States Postal Serive 475 Lenfant Plaza SW Washington, DC 20260 Ervin Matton 1500 Kingswood Lane Colleyville, Texas 76034 M T Properties Inc. 5137 Davis Blvd. Fort Worth, TX 76180 City of Colleyville Herman Smith & Co. Lts. 1903 Central Drive, Ste 403 Bedford, TX 76021 The Bridges at Riverwalk, Ltd. 3401 Amherst Circle, Apt. 127 Bedford, TX 76021 DR Horton Texas Ltd. 1901 Ascension Blvd., Ste 200 Arlington, TX 76006 DFW Tile, Inc. 5311 Colleyville Blvd. Colleyville, Texas 76034 Beasley Building Group 5401 Colleyville Blvd. Colleyville, Texas 76034 First Baptist Church Colleyville 5405 Pleasant Run Road Colleyville, Texas 76034 Baylor Health Care System 3409 Worth St., Ste 600 Dallas, TX 75246 Wyndham Investment Prop ET AL 751 E. Southlake Blvd, Ste 130 Southlake, TX 76092 The Guest Family LP 1300 Tanglewood Trail Euless, TX 76040 Case Z-03-001 (Notices dated: January 3, 2003) According to the last published Tax Record, individuals who own property that is within the 200' of the pr?po~ed special use permit/and-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy cI- Planning & Z6ning Assistant ORDINANCE 0-03-1389 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR ALCOHOLIC BEVERAGE SALES FOR OFF-PREMISE AND ON-PREMISE CONSUMPTION IN TOWN CENTER COLLEYVILLE ADDITION; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION WHEREAS, an application for a zoning amendment was filed by Hodges & Associates on December 17, 2002, requesting a Special Use Permit for alcoholic beverage sales for off-premise and on-premise consumption under Case No. Z-03-001; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lots 1 R, 2R, 3R1, 3R2 and 4, Block 1; and Lots 1 and 2, Block 2, Town Center Colleyville Addition by authorizing the following: a. A Special Use Permit for Alcoholic Beverage Sales for off- premise consumption for a grocery store, specialty wine shop or gourmet food store. b. A Special Use Permit for Alcoholic Beverage Sales for on- premise consumption in conjunction with a restaurant use. c. This property is subject to the distance provisions from schools as required by the Colleyville Code of Ordinances and Texas Alcoholic Beverage Code. Sec. 2. THAT this property shall be subject to all the regulations contained in the Colleyville Land Development Code and the CC2 Shopping Center Commercial District, except where amended by this ordinance. Ordinance 0-03-1389 Page 2 of 2 Sec. 3. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. 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 15 50 ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Exhibit A Zoning Map AG AG CITY COUNCIL cce", AGENDA BRIEFING 1(';>;;:\$ MEETING DATE: j ITEM # : ORDINANCE # : 02/18/03 5 0-03-1390 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW : Previous Action: None DEPARTMENT: OFFICE OF CITY MANAGER SUBJECT: Approval to rescind Ordinance 0-93-915 and exempt a portion of the market value of resident homesteads of persons sixty-five years of age or older and disabled persons from ad-valorem taxes, rendered after the passage of this ordinance Second Reading and Public Hearing During the February 2, 2003 City Council meeting a couple of items were requested by the City Council. Staff was unable to determine a consistent correlation for an average water usage by value of house for customers over age 65 in a random sampling. From the test sampling, it would appear that this group uses a monthly average of 14,730 gallons of water over an annual basis. Comparing this to an overall customer base average, the Over 65 group uses approximately 3,300 gallons less water per month. From 1997 to 2002, the number of property owners over age 65 claiming the property tax exemption has increased by an average of 8.8% each year. Projecting then to 2010, using the same growth rate of exemption qualifications, there would be potentially 1,494 accounts receiving the exemption. First Reading and Public Hearing Backqround The Over 65 exemption was increased to $45,000 in 1993 with the adoption of 0-93-915. Any increase in the exemption would have to be implemented prior to July 1 to be effective in the current calendar year tax cycle. Between January 1 and April 30, the Tarrant Appraisal District processes applications for tax exemptions. By September, the City Council sets the succeeding years tax rate. Tax collections begin October 1 and tax payments are due by January 1. Financial Impact The current $45,000 exemption results in a taxable loss of $117,452 in revenue to the City. The City Council may want to evaluate the loss in revenues from any increase in exemptions. To keep this review "apples to apples", staff recalculated the Effective Tax Rate schedule for FY2003 assuming the $60,000 exemption would have become effective for this budget year. Agenda Briefing Ordinance 0-03-1390 Page 2 of 2 By increasing the exemption to $60,000 on the 761 accounts, there would be a value loss of $11,415,000 and a revenue loss of $39,641. Recommendation Adopting the additional $15,000 exemption will require either a reduction in the FY2004 expense plan or an increase in other revenues. Either option will be difficult with the current regional economy. As an alternate, the City Council may elect instead to evaluate a discount for utility payments by property owners over age 65. Attachments . City Council memo dated January 30, 2003 . Over 65 water usage . Ordinance 0-03-1390 MEMORANDUM Office of City Manager TO: FROM: SUBJECT: DATE: Mayor and City Council Bill Lindley Over 65 Property Tax Exemption January 30, 2003 Councilmembers Newton and Hendler requested an agenda item for City Council consideration of an adjustment to the current $45,000 Over 65 Property Tax Exemption. As a follow up to this request, Mr. Newton asked for analysis of a $15,000 increase to the current exemption level. The intent for this exemption level was to be comparable with the City of Grapevine exemption rate. Discussion for possible adjustment to the Over 65 exemption is scheduled for the February 4, 2003 City Council. As a courtesy, staff will notify Mr. Ed Hardesty of the meeting since this discussion is a follow-up to his request to the City Council for consideration of increasing the exemption. Colleyville's property tax revenues provide a higher percent of total available revenue compared to surrounding cities. Table 1 shows the percent of property tax collections to all revenues for our peer cities for the FY 2003 budget. Table1 CITY PROPERTY TAX REVENUE $5,229,686 $6,197,339 $5,733,646 $7,089,863 $7,207,000 $6,542,130 $8,988,724 $10,054,954 $7,263,715 ALL REVENUES $22,390,563 $12,210,959 $20,603,835 $38,396,484 $25,988,000 $16,805,970 $31. 544,400 $19,066,190 $24,970,777 PERCENT 23.4% 50.8% 27.8% 18.5% 27.7% 38.9% 28.5% 52.7% 31.1% The Property Tax Code allows for a taxing entity to provide various property exemptions. Of the several available, one is for property owners who are over the age of 65. This property tax exemption is referred to generally as the Over 65 exemption. A governing body levies the exemption at any level (tens, hundreds, or thousands of dollar increments). The concept of providing this exemption is a philosophy that this group of property owners may have fixed incomes and also may not utilize all city services. During the last several years, property owner interest groups have promoted a statewide-mandated Over 65 exemption to the Legislature. On a local level, there is an interest by the Senior Northeast Leadership for area cities to have comparable exemption levels. The Over 65 exemption was increased to $45,000 in 1993 with the adoption of 0-93-915. Any increase in the exemption would have to be implemented prior to July 1 to be effective in the current calendar year tax cycle. Between January 1 and April 30, the Tarrant Appraisal District processes applications for tax exemptions. By September, the City Council sets the succeeding years tax rate. Tax collections begin October 1 and tax payments are due by January 1. There are 761 homes this year receiving the $45,000 exemption. Table 2 shows that 14.5% of owners with the exemption have a house valued below $100,000. However, those owning a house between $100,000 to $399,000, account for 78%. The average home value of an Over 65 exemption is $213,324. Applying an additional $15,000 exemption against the $0.3474 mill rate yields a savings of $52.11 to a property owner. Table 2 Table 2 does not add up to the 761 accounts since 3 of the accounts are split for individual Trust purposes. Table 3 provides a comparison of the tax billing to a similar valued property with the Over 65 exemption adjustment. The higher the base value of a house the less impact a property exemption has is seen in this table. Table 3 $ 34.74 $ 69.80 $ 104.22 $ 191.07 $ 364.77 $ 451.62 $ 538.47 $ 717.17 $ 885.87 $1,059.57 $1,233.27 $0.00 $0.00 $69.48 $121.59 $295.29 $382.14 $468.99 $642.69 $816.39 $990.09 $1,163.79 Establishing property tax rates and associated exemptions is a public policy determination of how to pay for services and to what level those costs are shifted within a property value matrix. When considering tax policy issues, it is helpful to look at area cities in considering tax rate and property exemptions. Interestingly, Colleyville's tax rate is the lowest of the seven peer cities and the Over 65 exemption level is 17% below the average of $53,036. Table 4 City Tax Rate Exemption Eu/ess Hurst NRH Keller Colleyville Bedford Grapevine South/ake Average Range $0.497254 $0.499000 $0.570000 $0.438000 $0.347400 $0.384051 $0.366000 $0.462000 $0.459472 $0.204000 * NOTE: Excludes Colleyville $30,000 $35,000 $35,000 $40,000 $45,000 $50,000 $60,000 $75,000 $53,036* $45,000* Over the years, Colleyville has developed into a residentially based city. Table 5 shows the distribution of property value for the surrounding cities. Colleyville is non-traditional in its concentration of homes as a percent of all property values. This has lead to reliance over the years of protecting home values to minimize reductions in the tax base. Table 5 Total Other Res. Real Personal As% Res. Comm. In dust. Prop. Property Total of Cit Value Value Value Value Value Value Value Bedford $1.665 $455 $5 $2.912 $256 $2,998 55.5% colleyville $2,066 $143 $0 $306 $83 $2,598 79.5% Euless $980 $308 $7 $1 ,386 $429 $3.111 31.5% Grapevine $1,848 $1 ,198 $14 $2,916 $2.324 $8,298 22.3% Hurst $1,181 $509 $6 $382 $297 $2,375 49.7% Keller $1.880 $163 $3 $395 $99 $2,540 74.0% NRH $1 ,880 $617 $30 $625 $328 $3.479 54.0% South lake $2,518 $519 $6 $780 $241 $4,064 62.0% Avera e* $1,752 $489 $9 $925 $568 $3,838 49.9% * NOTE - Excluding Colleyville Values in millions Past annual operating budgets for Colleyville have been based principally on anticipated revenues generated from the property tax. Property tax revenue for the FY 2003 Budget accounts for nearly 80% of available revenues for Colleyville. The area cities average percent of property tax revenue to all revenues is just under 50%. This variance creates a need for policy discussion by the City Council as it considers potential reductions in the revenues from the core source of operational funding. The current $45,000 exemption results in a taxable loss of $117,452 in revenue to the City. The City Council may want to evaluate the loss in revenues from any increase in exemptions. To keep this review "apples to apples", staff recalculated the Effective Tax Rate schedule for FY 2003 assuming the $60,000 exemption would have been effective for this budget year. By increasing the exemption to $60,000 on the 761 accounts, there would be a value loss of $11,415,000 and a revenue loss of $39,641. Tables 6 reflect the impact of an increase in the exemption. Table 6.1 Comparison of current tax rate to exemption level Over 65 Over 65 Variance Property Exemption Total Exemption Total (Lost Tax ______T a~J~!!'?__._.____.._. $4~_,-00Q_...._.__.._..__.._..!:~Y-.Y.____..._._.____ $60, Q_Q!)_____..__J:~v~_____~'?yen ue) 0& M tax rate $0.272230 $6,434,796 $0.271865 $6,395,135 $(39,661) 1& S tax rate $0.075170 $1,776,820 $0.075535 $1,776,825 $ 5 Total tax rate $0.347400 $8,211,615 $0.347400 $8,171,959 $(39,654) Table 6.2 Tax rate needed to recover lost value Over 65 Over 65 Variance Property Exemption Total Exemption Total (Lost Tax Tax Rate $45,000 Levy $60,000 Levy Revenue) o & M tax rate $0.272230 $6,434,796 $0.273551 $6,434,788 $ (8) I & S tax rate $0.075170 $1.776,820 $0.075535 $1 .776.825 $ 5 Total tax rate $0.347400 $8,211,615 $0.349086 $8,211,612 $ (3) Table 6.3 Tax rate needed to remain under 8% Rollback Rate Over 65 Over 65 Variance Property Exemption Total Exemption Total (Lost Tax Tax Rate $45,000 Levy $60,000 Levy Revenue) o & M tax rate $0.272230 $6,434,796 $0.272145 $6,401,721 $(33,075) I & S tax rate $0.075170 $1 .776,820 $0.075535 $1.776.825 $ 5 Total tax rate $0.347400 $8,211,615 $0.347680 $8,178,546 $(33,069) As mentioned, applying an additional $15,000 to the exemption has a fiscal impact of losing nearly $40,000 in revenues. The 0 & M tax rate of $0.273551 (Table 6.2) requires a 10.86% increase above the Effective Tax Rate of $0.251989 to make up this difference. Table 6.3 shows that keeping the tax rate adjustment below the 8% Rollback rate yields just over a $33,000 loss of revenue. Generally, the regional and local economy is - at best - flat. Staff is projecting minimal revenue increases for the FY 2004 Budget. Anticipated revenue increases for the upcoming budget were identified for planned expense adjustments during this year's budget process. Thus, managing the tax rate will require either further budget decreases or a tax/user rate increase to cover the impact of the additional $15,000 exemption. Either approach will require City Council policy direction. There are limitations on the City Council being able to manage the impact of increasing the exemption. As an alternate, the City Council may elect instead to evaluate a discount for utility payments by property owners over age 65. A discount can be applied to the monthly minimum utility bill. The current utility billing has a minimum payment of $20.60 for water and sewer. This base billing is charged to cover associated monthly basic overhead costs and water-sewer usages of 2,000 gallons. As seen in Table 7, Colleyville's minimum rate is 0.08 percent above the average of the surrounding cities. Bedford, Euless and North Richland Hills do not include any gallon usage in a minimum water bill. Bedford, Euless, Hurst, and North Richland Hills do not include any usage in their minimum sanitary sewer bill. When including the rate these citizens pay for 2,000 gallons of water and sanitary sewer with the minimum bill, the averages increases to $15.19 for water and $9.19 for sanitary sewer service. A survey of the cities determined that Bedford offers a $1.00 Over 65 adjustment for utility payments. Ci Bedford Colleyville Euless Grapevine Hurst Keller NRH South lake Average * $12 * NOTE: Excluding colleyville Table 7 Minimum Water $10.00 2.00 Minimum Sewer $4A6 $8.60 $5.20 $7.80 065 Minimum $13A6 $16.60 $12.20 $17.55 $15.93 .33 $16.22 $35.66 $20.34 $35.66 For discussion purposes, the City Council may consider reducing the minimum for water billing to $8.00. This equates to a yearly $48.00 savings to a customer. This utility adjustment is comparable to the $39,641 General Fund loss provided by the additional $15,000 exemption. The impact, however is the owner of a $400,000 house realizes the same level of savings as the owner of a $55,000 house with the utility adjustment. Recall that Table 3 showed how the property tax exemption slides with lower savings for higher valued houses. If the City were to proceed with this approach of an adjustment, the Utility Fund would only lose $36,528 in the FY 2003 budget. To offset this, and not impact operational services, the per 1,000 rate could be increased by $0.01 for all customers, which is a 0.03 percent increase. This rate adjustment could be incorporated with the planned rate adjustments for the FY 2004 budget. This planned rate adjustment is the second in a two-part rate adjustment plan for utility relocation for the State Highway 26 project and possibly the Northeast Water Ground Storage Tank. It is helpful to consider the current rates in relation to surrounding cities to determine utility rate sensitivity by the ratepayers. Table 8 reflects the current rates of the surrounding cities for 15,000 water and 10,000 sanitary sewer gallon usages per month usage. The planned rate adjustments for State Highway 26 are incorporated in this rate table. Table 8 City Bedford colleyville Co/leyvil/e wiD 65 Euless Grapevine Hurst Keller NRH Southlake Average* * NOTE: Excluding Colleyville $68.31 $61.20 W".c~~~^".__'_.._.~m,"~.W.~W'._cmm $79.25 $85.61 $83.69 $80.62 $89.27 $75.53 Combined ~~_'^"'WWO'^.U"W_U"~'.__~"'~,,'~mmm,'_'m.-."m~ $56. 11 .~~.~,~_,_.ww_~~._wwwv.,_.,_._vc .~,^,n"~~ . $72.31 In summary, an increase in the Over 65 exemption has been shown to have an impact to available revenues, tax adjustments, and operational funding. The development and structure of an annual operating budget is by its nature a process of allocating scarce resources. Colleyville is not unique in not being able to meet all its needs - that is why cities go through the budget development process. Budgets are built upon a reasonable expectation of anticipated revenues. This previous year witnessed cities across the metroplex having to adjust expense plans to reduced revenues because of the economy. This economic adjustment was beyond City Council control. A discussion by the City Council on this topic is different in that you are able to determine the level of fiscal impact by reducing revenues. An increase in the Over 65 exemption will create either a property tax increase or a loss in revenues. By avoiding this, the City Council can provide an Over 65 adjustment to the utility minimum monthly billings. Unfortunately, this yields a constant savings across the board to each of them. In light of trying to minimize negative impacts to the General Fund, this later approach provides the least impact financially to the City Council servicing citizen needs. SENIOR CITIZEN WATER USAGE APPRAISED VALUE $29,040 $47,300 $48,950 $51,700 $54,010 $59,048 $61,600 $64,856 $69,740 $71,100 $75,200 $78,650 $80,400 $85,150 $87,780 $90,024 $95,700 $99,440 $1 00, 1 00 $110,220 $118,991 $120,721 $125,779 $135,000 $140,500 $143,300 $157,000 $161,600 $164,600 $173,000 $186,450 $196,680 $202,510 $218,100 $221,300 $229,570 $236,280 $247,800 $256,850 $269,900 $275,500 $280,900 $289,700 $299,530 $305,800 $311,900 $324,060 $332,440 $341,708 JAN - DEe 2002 WATER USE 92,800 120,600 20,100 52,700 471,300 49,600 152,900 97,200 27,600 121,700 43,800 73,100 107,200 215,200 23,300 64,300 71,500 202,000 47,000 35,500 117,300 42,400 103,500 105,400 52,900 206,600 30,600 145,900 248,800 12,700 192,900 240,800 214,100 122,900 230,400 93,200 94,800 140,700 223,300 110,400 145,300 223,000 57,800 368,800 320,400 176,700 188,900 102,700 381,600 AVERAGE MONTHLY USE 7,733 10,050 1,675 4,392 39,275 4,133 12,742 8,100 2,300 10,142 3,650 6,092 8,933 17,933 1,942 5,358 5,958 16,833 3,917 2,958 9,775 3,533 8,625 8,783 4,408 17,217 2,550 12,158 20,733 1,058 16,075 20,067 17,842 10,242 19,200 7,767 7,900 11,725 18,608 9,200 12,108 18,583 4,817 30,733 26,700 14,725 15,742 8,558 31,800 SENIOR CITIZEN WATER USAGE APPRAISED VALUE $348,700 $381,876 $397,727 $403,100 $424,105 $443,900 $460,526 $470,910 $477,900 $508,000 $536,500 $568,920 $622,590 $835,000 $994,400 MONTHLY AVERAGE JAN - DEe 2002 WATER USE 144,700 224,500 95,100 325,700 200,600 170,600 139,900 255,300 258,700 545,300 443,900 453,000 558,100 79,500 726,200 AVERAGE MONTHLY USE 12,058 18,708 7,925 27,142 16,717 14,217 11,658 21,275 21,558 45,442 36,992 37,750 46,508 6,625 60,517 14,730 ORDINANCE 0-03-1390 AN ORDINANCE RESCINDING ORDINANCE 0-93-915, AND EXEMPTING A PORTION OF THE MARKET VALUE OF RESIDENT HOMESTEADS OF PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER AND DISABLED PERSONS FROM AD- VALOREM TAXES, RENDERED AFTER THE PASSAGE OF THIS ORDINANCE WHEREAS, the City of Colleyville is authorized to grant exemptions to persons sixty- five years of age or older and disabled persons; and WHEREAS, the City of Colleyville has previously granted such exemptions in Ordinance 0-93-915; and WHEREAS, the City Council is of the opinion that said exemption should be increased. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. THAT Ordinance 0-93-915 of the City of Colleyville and any other conflicting ordinance is hereby repealed. THAT Sixty Thousand Dollars ($60,000.00) of the market value of the resident homestead of persons, married or unmarried, including those living alone, sixty-five (65) years of age or older is hereby exempted from ad valorem taxes levied by the City of Colleyville effective beginning for Tax Year 2003. THAT Fifteen Thousand Dollars ($15,000) of the market value of the resident homestead of persons, married or unmarried, including those living alone, who are under a disability for purposes of payment of disability insurance benefits under the Federal Old Age Survivors and Disability Insurance or its successors, is hereby exempted from ad valorem taxes levied by the City of Colleyville effective beginning Tax Year 2003. That in order to receive such exemption, the person claiming same shall comply with Section 11.43 of the Property Tax Code of the State of Texas and any subsequent amendments thereof. Ordinance 0-03-1390 Page 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney CITY COUNCIL city Of CC~il'" AGENDA BRIEFING I(.':o;;;l$ MEETING DATE: 02/18/03 CITY MANAGER ~~ ITEM # : 6 DEPARTMENT HEAD I ":1" ,'" ORDINANCE # : 0-03-1391 FINANCE REVIEW ' N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a zoning change from AG to R20 on Lot 2, Weston Ward Addition located at 6412 Ponderosa Lane, Case Z-03-002 First Reading and Public Hearing Backqround Jonathan Lee is the owner of approximately 1.799 acres of land located on the west side of Ponderosa Lane, north of Tinker Road. The owner has submitted a request to change the zoning on the property from AG Agricultural to R20 Single Family Residential. The owner is seeking a zoning change in order to divide the property into two lots. The R20 district requires a minimum lot width of 100 feet, a minimum lot depth of 125 feet, and a minimum lot area of 20,000 square feet. The existing property is 230 feet wide along Ponderosa Lane and 345 feet deep. The property is large enough to divide into two lots. The property in question has a single-story residence. The surrounding property is single family residential in nature. Property to the north is zoned AG Agricultural and consists of single family residences. Properties to the south and across Ponderosa Lane are zoned R20 Single Family Residential. The lot to the west is zoned AG and is a 7.5-acre single family lot. The land on the east side of Ponderosa Lane and on Kingston Drive (the Kingston Addition) is all zoned R20. The lot sizes in the area range from 18,875 square feet to 40,032. The lot immediately north of the property in question is 1.8 acres in area. Impact Issues 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which designates this area as a future single family residential area. 2. Surrounding Properties. The surrounding properties are developed as single family residences. 3. Development Trends. The long-term trend for this area is single family development. Property in the area is generally suitable for that type of development. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. Agenda Briefing Ordinance 0-03-1391 Page 2 of 2 5. Property Taxes. According to information available from the Tarrant Appraisal District, the appraised value of the land and house is $126,830. The estimated annual City property tax revenue generated by this property is $440. 6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single family residences are expected to generate 9.57 trips per day, on average. Traffic counts taken for the 1500 block of Tinker Road on November 3, 2000, indicate an average of 3,355 vehicles per day travel Tinker Road. 7. Public Notification. Staff mailed notices to 14 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. One letter of opposition has been received regarding this request. The Planning and Zoning Commission conducted a public hearing and considered this Special Use Permit request at the February 10, 2003 meeting. The Commission recommended approval by a unanimous vote. Recommendation Approval Attachments · Location and Zoning Map · Site Plan · Area Zoning Map · List of Property Owners Notified · Correspondence · Ordinance 0-03-1391 26" 1\ p.1I t'l lIe&I'1I ~ )DD... 1 6.1126 . i:SO # ,.A1 1'l.'!IO. ~W ,. . " I .87 . I'2'ft .~_... -. 48 4" ro~!fJ't~5 , ~ ] 5 " '2 " TR 2H 2.8' At 1R2 '.8'9'! At fA ZJ 3.82 AC TR 2F 1.12 AC TR 20 .76 At TR 2E .76 AC ,,.. McCAW LN TR 2K 3.12 At 13 14 13 12 15 I' 6 \I 16 11 5 18 'I '" I ..., :J 15 ! '6 f.\\~ : 't\l'tSS\l\ ..~ e' ._ .._.._.~_____.__._. ~ ~ n '/....f.f.~f. " 'I-"~'ttJ~" 'i2.'2.~\ 1 : ~ l.il4t., TR 293 ,q, AC TR 2J fR 2K .5 N:. I.. At 57 1Ft 21(1 1.' M: 56 3 '" " m CENTE~ (~~ Location Map & Area of Notification CASE # Z-03-002 - Zoning Change - AG to H2O ~ 1 A-loC-1 cor.LEYVIl,Lt TR 2N .&"'. . TR 21'1 ,35 At TR 20 '.I!I AC .5 N:: 1.5 At: TR 2P2 I.Ql AC TAl 2Q 2.1 AC TR 14 cn:::'N -. 0 0 :::s 3 :::s (Q -. CD )>~ "T1C)m D) )> >< ~. (Q =: .:;- :::::!. C" ~ n -. ;:tJc::- ... -.... ... - 0 en c:: .., -. .., Q.D)N CD - 0 :::s -:::s - 0 -. -. :::s ~ ;:tJ c.c ~o ::s- O) :::s c.c CD ;;tJ N o )> Q H m"~'J'. ~ J2J.'" ..... - i;ifJi""Jl"l..l. i .-_-__--,- _ . . I \ j \. ~ 'I ~ Lot , l~ i "-'-'-:_:_~-'-'-' r ~! " oJ, . ~ Ej 0,.1. ! t._.-.~ L-'-'-'l.a ~ ...-- -.11 r--- --____ r:-- I , i 1 II \ ~----------~~~------ - ------------~ · - --.,,,.,- - - - - - - JJDB' - - --1 Ponderosa Lane )> Q ~ ;;tJ N o . <::\ \_;^:>':,~60 ~ '\ '- A~~ \ /til . ""- ) \./~'iJ)J \, \ .y"' \ \ .,./'" \ \ /"",T ;.:_~ ~ __ '~'~'''........." I '- ',,- //\ ~\ '..<# \ /\ \ 1 /-' / I ~'" ~,,-._L.._. __..__;;:,--... '.'~+ / \.,n v \ ~__" -' i . I r.......WNtSON Pl<.W I - .../.. .' '.' t~~\y, _WIJ,~ .. \/~.,.-\. r"'('-.~"'-1 t.-J~---'~'- .---.. ........... \. ~!3'-~../' ../!,\:~#r"l 0-98-1098 ),.. <l1'..f.,gfU';f~a., ! ,L., I \G~'/ '\\~( :'. ~' /\\/'\ I, VI " ~"'~. '\.\/\ ~..~.. /~.o..,. i; -:-.\ \ .,' '\.. _...' -::-'::\.'\.'^ ,,//1 R;i2Q., .....~ ;. "..~,//<~ "'\'::<'\ \/ . [r.<".,,~....A,::~)-- . -~ \ / ' ........ML.-... : , A(3 1 l / f / PUP;:C/! 'F--~-'."" -I I 0..00-1211"... I .;S;' .z...t 2 .'T-~N .. ; J 1_ .......A__ 1 ) ......~ 1'j. ! ""-________....L. "I r'----jH1 -'R--2Q ", ----.--'1 t--_w_,,~- --1'-'~' i , _.. .m...rT".~T."-"" i; I , L-'4 ~cr . . uj 1 .. '0'" 71" "'I,!~efan . -', ~ark;._, : i 1:i-v~.,. I /;/(j-. """--'-".:=-i ' ..0'-',_; / I ,,...CO...~OO.1257.' Pub-R :17, '., Area Zoning Map Dale Baier 1410 Tinker Road Colleyville, TX 76034 Judith Miller P.O. Box 879 Colleyville, TX 76034 David & Lynne Underwood 6308 Ponderosa Lane Colleyville, TX 76034 David & Marlene Fink 6400 Ponderosa Lane Colleyville, TX 76034 Jonathan & Lu Shih Lee 6412 Ponderosa Lane Colleyville, TX 76034 Michael & Cindy Latimer 6500 Ponderosa Lane Colleyville, TX 76034 Phillip & Wanda Thompson 6305 Ponderosa Lane Colleyville, TX 76034 Hazel Jungman 6309 Ponderosa Lane Colleyville, TX 76034 J arre1 & Mary Bailey 6401 Ponderosa Lane Colleyville, TX 76034 Debra Deaton 6405 Ponderosa Lane Colleyville, TX 76034 Robert & Regina Warner 6409 Ponderosa Lane Colleyville, TX 76034 Thomas & Judy Franklin 6413 Ponderosa Lane Colleyville, TX 76034 Charles Smith 6417 Ponderosa Lane Colleyville, TX 76034 Vergia Stowe Watts 1400 Tinker Road Colleyville, TX 76034 Gary & Nancy Williky 7005 Westmont Drive Colleyville, TX 76034 Case Z-03-002 (Notices dated: January 16, 2003) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permit/and-or/zoning change request are listed above. I certify that the parties listed above have been notified of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy ~ Planning & Z~f{ing Assistant Jan Levy Planning & Zoning Commission City of Colleyville P.O. Box 185 Colleyville, TX 76034 RG~-';7~l~:jD CITY OF COL...EYVILLE . BY CO;j,lUJNITY D~VELOPME:i2T ~ January 26, 2003 Re: Petition for Zoning Change - 6412 Ponderosa Lane, Weston Ward Addition We as the owners of the adjacent property located at 6500 Ponderosa Lane (Lot 3 Weston Ward Addition) hereby wish to register our strong opposition to the proposed re-zoning oflot 2 (6412 Ponderosa Lane) from AG (agricultural) to R20 (single family-minimum lot size of 20,000 square feet). Our opposition stems from the fact that our original purchase of the property in July of 1990 was based on the knowledge that we were bordered by properties zoned agricultural. This, we believed, would increase the likelihood that the horses we are currently raising would be surrounded by like-use properties with like-minded property owners inclined to maintain their use as agricultural. As the remaining number of properties zoned agricultural continues to shrink, and the places to raise animals like our horses continues to diminish, we are steadily falling victim to the whims of newer residents who are not interested in perpetuating the rich tradition of Colleyville as a place for families to raise horses. If you change the zoning on 6412 Ponderosa, our chances of living in a city and next to a family who shares that outlook will disappear completely. Our opposition also stems from the planned subdivision of Lot 2 into two single-family residential lots. As you may already be aware, there are serious storm drainage problems on Ponderosa Lane, particularly in the proposed area of the re-zoning. Lots 5,6,7 and 8 in particular are prone to flooding due to the runoff that flows downhill from east to west across 6412 and 6500 Ponderosa across Ponderosa Lane and onto (into) Lots 5,6,7 and 8. If Lot 2 is subdivided into two lots with the intention of building another single family home north ofthe house on 6412 Ponderosa, the resulting re-grading and soil elevation will re-direct even more runoff onto our property and the properties across the street. (The existing house at 6412 Ponderosa Lane built an addition that required soil elevation; This re-grading channels runoff onto the street level portion oflot I-D.) Finally, our property borders the Williky addition which now includes a 12,500 square foot unfinished, unoccupied, for-sale mansion less than 50 feet from our property line. We are simply not prepared to allow construction of another residence next to our home that could end up unfinished and unoccupied if the owners are inexplicably unable to complete construction. These constitute our objections and we hope that the Planning & Zoning will take these into account and rule against the re-zoning. Thank you. /)JJ~. "....'.. I 1.. ./~ ~/!\: _ \,.... . ~O!~5..J//....i ~'"-- Cindy B. La' er '--_....../ Co-Owner, 6500 Ponderosa Lane Michael F. Latimer Owner, 6500 Ponderosa Lane 1/J-&/03 Date (b..tx (e?) Date ORDINANCE 0-03-1391 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 2, WESTON WARD ADDITION, FROM THE AG AGRICULTURAL DISTRICT TO THE R20 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Jonathan Lee on December 27,2002, under Case No. Z-03-002; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville. Texas, as shown on the Zoning Map attached as Exhibit "A", and described as Lot 2, Weston Ward Addition, by changing the zoning of said property from the AG Agricultural district to the R20 Single Family Residential district. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. Ordinance 0-03-1391 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Exhibit A Zoning Map AG. ! !< .. ~~ ! , :""-..~~ (' l~. "-1-....< . ..m'l r'mmm 'HI <"R-2Q '1 r"" j..... (1~1257' PUD.R CITY COUNCIL Cilf Of CO:~il'1l AGENDA BRIEFING IL':'I:"~ MEETING DATE: ! 02118/03 ITEM #: I 7 RESOLUTION #: ! R-03-2101 CITY MANAGER ! DEPARTMENT HEAD ! FINANCE REVIEW I N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Consideration of appointment to the Historical Preservation Committee Reading and Public Hearing On November 8, 2002, Mr. Dwight Packer, whose term expires August 2003, resigned from the Historical Preservation Committee. (See attached correspondence). The position was advertised November 22 through December 26, 2002 and January 3 through February 3, 2003, and one application was received from Ms. Betty Jean Willbanks. This Resolution provides for the City Council to fill one position on the Historical Preservation Committee whose term expires August 2003. An interview for Ms. Willbanks with Council is scheduled Tuesday, February 18, 2003, at 6:30 p.m. Financial Impact None Recommendation Approval Attachments . Historical Preservation Committee roster . Dwight Packer email dated November 8, 2002 . Application for Appointment . Resolution R-02-2101 HISTORICAL PRESERVATION COMMITTEE Meets Second Tuesday of Each Month Joe Deupree - Chairman 5101 Montclair Drive Colleyville, TX 76034 H: 817.283.7002 Jdeupree@ attbLcom Term Ends: August 2003 Molly Munson 1905 Hall Johnson Road Colleyville, Texas 76034 H: 817:283.8709 mollyqram @dellepro.com Term Ends: August 2004 Vacant Term Ends: August 2003 Ed Havran 303 Oak Crest Hill Drive Colleyville, TX 76034 H: 817.498.1420 eraven @dfwonline.net Term Ends: August 2003 Nicky Fettig 8829 Hornaday Circle N., No. 811 Fort Worth, TX 76120 H: 817.469.9454/0: 817.306.3161 F: 817.306.3165 nickyfettiq@earthlink.net nfettiq@unityonefcu.orq Term Ends: August 2004 Gerald Hartman, Jr. 2009 Oak Knoll Drive Colleyville, TX 76034 0: 817.399.0123/ H: 817.540.0432 qhartman25@ attbi .com Term Ends: August 2004 Sammie Bolling 6712 Curtis Road Colleyville, TX 76034 H: 817.281.0354 bollinQs@ci.collevville.lx.us Term Ends: August 2003 Shirley Schollmeyer 2316 Oak Knoll Drive Colleyville, TX 76034 H: 817.267.8769/ F: 817.571.4639 M: 214.789.8693 Sschollmever@ attbLcom Term Ends: August 2004 Lila Coley 401 Shelton Drive Colleyville, TX 76034 H: 817.605.3205/ F: 817.605.3205 coley@flash.net Term Ends: August 2004 Mike Patterson 2205 Glade Road Colleyville, TX 76034 H: 817.283.2658 marimike@flash.net Term Ends: August 2003 Council Liaison Mayor Donna Arp Revised 12/05/02 Historical Preservation Committee Page 1 of I Dianne McWethy Sent: To: Cc: From: Packer, Dwight R SWF [Dwight.R.Packer@swf02.usace.army.mil] Friday, November 08,20024:31 PM Joe Deupree Donita Wiggins; pers_arpd; Ed Havran; Gerald Hartman, Jr.; Lila Coley; Mike Patterson; Molly Munson; Sammie Bolling; Shirley Schollmeyer; Dianne McWethy Subject: Historical Preservation Committee Joe - I'm not sure if you are still heading up our committee. but thought I would send this to your attention and copy the other members. Sorry I was unable to get back to Diane timely about next week's scheduled meeting, but I was out of town again this week. (I would have been able to make it this time, in general I have been traveling so much this past year it's been difficult to attend the monthly meetings.) Although I understand next Tuesday's meeting has been cancelled, I feel it would be in the Preservation Committee's best interest if I resign and ask the City Council to appoint someone who can dedicate the time and enthusiasm to the position it deserves. I have enjoyed working with the Historical Preservation Committee, and am proud of what we have accomplished the past few years. I hope that someday (maybe after our 4 year old twins are a bit older) that I can again help preserve Colleyville's history. Please let me know if there is a more formal process I need to follow to submit my resignation. My sincere thanks to everyone for allowing me to participate in the recognition of our city's heritage. You're a great group! Dwight Packer Historic Architect U. S. Army Corps of Engineers [817] 886-1720 11/1 0/2002 ilC5 FES -3 m city Of Texas Application for Appointme CITY SECRETARY'S OFFICE Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms (2) two business days after the application deadline as advertised in the Public Notice. These forms are available on the City's website at <http://www.collevville.com/boards/application.asp> or by contacting the City Secretary at 817.577.7575, ext. 203. Ms. Mrs. Mr. Address: Name: c:J r rr b (Afl/? h ~/ (Last) (Ftr,t) (MI) S-roo Sf ZM~ I, OA r-f Ctl,;,.\lvrlr~ I Home Telephone: g! 1 ~S"(/ 'lC/2 2-- Work Telephone: )7, J ;( 3 7'11 at> Email Address: 3" D w (q9 7 B .pI e\S J... . It pf Fax: ? r ') 3..r tf 7'/'2. 'l.-- :k Q V\. Board, Commission or Committee Appointment Desired: Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) J1 01/ j b ~ ~ 1'\ 0 ..., 0 PI.f. I' 9v--~ J 4?JI1.4A.. f oV 01 u.>v.:> . cJ 0 Reasons for Serving: (state briefly the contributions you can make to this appointment and y~ur rea~ons for wanting to serve on the ~oard, Commis~ion, ~r CO~fittee) .J (J;;~--,,1:; r"I'^--.f. I ~ e" .1)\ VI r L j' }It ,;l: Pftc:.P.ea"rr~ 0. ~ d 1:~-..' rS~t:~ YV'- ? t-?J_ Do you understand that attendanye and active support is required for each appointee? ~es _ no Signalure: ~ .5'......... JJ~ . Dale: ~,.5 . 0 ~ Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary P.O. Box 185, Colleyville, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555 RESOLUTION R-03-2101 A RESOLUTION APPOINTING A MEMBER TO THE HISTORICAL PRESERVATION COMMITTEE WHEREAS, one position has become vacant due to the resignation of one of the members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby appoints the following person to fill the unexpired term and serve until August 2003. . Betty Jean Willbanks AND IT IS SO RESOLVED. APPROVED THIS AYES, DAY OF NAYS AND 2003, BY A VOTE OF ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor Ciry Of ~ CITY COUNCIL CC~-:yn@ AGENDA BRIEFING '1"(.",\;,,:; MEETING DATE: 02/18/03 CITY MANAGER! ITEM # : 8 DEPARTMENT HEAD I RESOLUTION # : R-03-2102 FINANCE REVIEW ! Previous Action: None DEPARTMENT: LIBRARY SUBJECT: Approval to enter into a contract with The Library Corporation, for an Integrated Library System for the Colleyville Public Library, in an amount not to exceed $123,019 Reading and Public Hearing On February 19, 2002, the Colleyville City Council sold bonds in the amount of $191,000 to purchase technology for the Colleyville Public Library. A key technology component for the library is the Integrated Library System (ILS), which is used for cataloging, circulation, public access, reporting and acquisitions. In October 2002, the City of Colleyville sent out Requests for Proposals (RFP) for the Integrated Library System (ILS). On November 6, 2002, the City received six (6) proposals from the following vendors: Innovative Interfaces Epixtech The Library Corporation Sirsi Brodart Follett A committee, consisting of Dianne McWethy, Deputy City Manager, Dixie Cawthorne, Communications Manager, Matt Denton, Records Manager and Cindy Martin, Administrative Assistant, Billie Tuttle, Grapevine-Colleyville Independent School District representative and Susan Barzelay, Colleyville Public Library Board member, was formed to evaluate and develop a recommendation for the purchase of the Integrated Library System (ILS). During the period of November 14th to 20th, each vendor provided a demonstration of their company's Integrated Library System (ILS) to the committee. On the basis of written proposals and demonstrations, the committee selected Epixtech, TLC and Sirsi as the top three vendors for consideration. On December 12, 2002, the committee toured area libraries to review the operations of the systems for each of the finalist. In addition to the tours, staff contacted six (6) references for each vendor. Agenda Briefing Resolution R-03-2102 Page 2 of 3 On January 8, 2003, the committee met to review the final three proposals. Upon completion of review and analysis, the committee unanimously recommended The Library Corporation (TLC) as the vendor for the Integrated Library System for the Colleyville Public Library. Some of the area libraries that have selected The Library Corporation include: · Duncanville Public Library . Highland Park Library . Rockwall County Library · University Park Public Library This recommendation was based on the following factors: 1) ease of use by patron and staff; 2) Windows based system; 3) functionality; 4) customer support and 5) price. Some of the highlights of The Library Corporation System (TLC) are as follows: 1. Kid's Catalog Web - This gives children access to library collection material and over 14,000 links to informative web sites. The City will have the ability to customize all content to build curriculum pathfinders, booklists, and selected web pages. 2. OPAC Enrichment - The City's OPAC (online public access catalog) system will be enriched with a subscription to enhanced content. When a patron searches the catalog, the system simultaneously searches TLC's content server and integrates the results in the OPAC list. TLC host the following content on the content server: Book Jacket Images, Table of Contents, Reviews, Biography Profiles, Summaries and Annotations, Author Notes, and Excerpts and First Chapters. 3. Webfeat - This research tool enables patrons and staff to search the library's collection, other databases, the Internet, and third party databases simultaneously. Using this, multiprotocol search capability via a single gateway, all electronic sources of information are combined into one reducing research time. 4. Telephone Notification System - This telephone notification system, which is a digital USB product, delivers up to 60 calls per hour using a single line and can be expanded up to four telephone lines. 5. ITS MARC - The Library Corporation provides access to over 15 million MARC (means a bibliographic record, or the information traditionally shown on a catalog) records. The system will be able to search the entire pool of nearly 12 million MARC records in the BiblioFile dataset. 6. Z39.50 - This server module is included in the integrated library software package. This application allows patrons to search other area library databases. Agenda Briefing Resolution R-03-2102 Page 3 of 3 The Library Corporation is a certified service provider for the Dell Corporation. All Dell server and workstation hardware supplied by TLC includes three years of onsite and next business day support. The Colleyville Public Library will be purchasing 28 computers for the first floor, consisting of 6 children's computers, 8 public access computers (OPAC), 6 teen/adult computers, 4 open workstations for individual laptops, three study rooms with computer accessibility and open space seating areas with computer access. Below is a chart illustrating the number of computers in comparable libraries: City Population Served Sauare FootaQe Total Comouters Collevville 19,636 12,000 28 Keller 27,345 12,500 37 South lake 21,519 12,175 21 The City Attorney has reviewed the contract between the City of Colleyville and The Library Corporation. Financial Impact Funds are available from the Series 2002 Certificate Obligation Bonds. No printers are included in this contract. The printers will be purchased at a later date. Recommendation Approval Attachments Resolution R-03-2102 RESOLUTION R-03-2102 A RESOLUTION APPROVING A CONTRACT WITH THE LIBRARY CORPORATION, FOR AN INTEGRATED LIBRARY SYSTEM FOR THE COLLEYVILLE PUBLIC LIBRARY WHEREAS, a key technical component for the Colleyville Public Library is the Integrated Library System (ILS), which is used for cataloging, circulation, public access, reporting and acquisitions; and WHEREAS, The Library Corporation provides Integrated Library Systems for public libraries. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT The Library Corporation contract, in an amount not to exceed $123,019, attached as Attachment "A", is hereby approved. AND SO IT IS RESOLVED. PASSED BY A VOTE OF _AYES, _NAYS, AND _ABSTENTIONS ON THIS THE _DAY OF 2003. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TMRC City Secretary Donna Arp Mayor EXHIBIT nAn library-Solution Integrated library System Contract for Colleyville Public library THIS AGREEMENT (hereinafter referred to as "Agreement") is made between The Library Corporation, Inc., a corporation organized under the laws of the State of Maryland, with its principal place of business at Research Park, Inwood, West Virginia, party of the first part (hereinafter referred to as "The Library Corporation"), and the City of Colleyville, party of the second part (hereinafter referred to as"City," "Library" or "Licensee"). WITNESSETH: WHEREAS, The Library Corporation has developed a computerized System (hereinafter referred to as "Library-Solution" or "Library. Solution") consisting of Hardware and Software for Authority Control, Cataloging/Database Management, Public Access Catalog, Circulation, Acquisitions, Serials Control, OPAC access via the WWW. external/internal multimedia Database access, internet sessions, Management Information Systems, and 239.50 server, and is currently providing System Services to libraries and the Library is desirous of having such services provided at its location; NOW, THEREFORE the parties mutually agree as follows: 1 Definitions: 1.1 "Hardware" is defined as all Hardware and products including, but not limited to, the (a) computer, disk drives, tape drive(s), and interface, (b) CRT monitor(s) and terminals, (c) barcode scanner(s), (d) printers, (e) wiring and communication devices and (f) supplies for such Hardware. 1.1.2 "Dataserver" is defined as the computer on which the Library's Database resides. 1.2 "Licensed Software" and "Modules" are defined as Library-Solution computer programs, including, but not limited to, (a) the integrated Library Systems in the Dataserver, (b) the PC- based Modules provided by The Library Corporation that are resident in the PC workstation(s), and (c) the operational programs stored in the Dataserver. The Licensed Software is listed in Schedule D and includes all corrections, modifications and enhancements thereof, as well as all applicable Oracle licenses and Licensed Software. 1.2.1 "System" is defined as all Hardware and Software provided to the Library by The Library Corporation. 1.2.2 "Initial Customer Database" is defined as the Library's existing electronic bibliographic, patron, and transaction data. 1.2.2.1 "Data Conversion" is defined as the migration by The Library Corporation of the Library's Initial Customer Database for use with Library-Solution. Library Contract Page 1 of 23 1.2.3 "Documentation" or "User Manual(s)" is defined as technical publications relating to the use of the Software. Documentation will be provided in print form, online at each station, and online via the Internet. 1.2.4 "Online Public Access CataloQ Workstation" or "OPAC Workstation" is defined as any workstation capable of operating a graphical user interface and equipped with a web browser for the purpose of accessing only the OPAC Software Module of Library-Solution. 1.2.5 "Multi-Use Public Access Workstation" is defined as any workstation capable of operating a graphical user interface and equipped with a web browser for the purpose of accessing the OPAC Software Module of Library-Solution and other electronic resources. 1.2.6 "Error" or "BuQ" is defined as any function that is performed incorrectly or inconsistently by the Software resulting in incorrect data or failure of the System to provide the correct response. 1.2.7 "Contract" is defined as this document and the response to the library's RFP. 1.3 The terms "Software" and "Software Materials" in this Agreement shall also mean any machine-readable or printed material not included in the licensed programs and which is designated by The Library Corporation as available under license to libraries who have licensed the program to which those materials relate. 1.3.1 "Licensed Software Updates" is defined as periodic enhancements and additional functionality added to the Licensed Software. 1.3.2 "Sub-Licensed Software" is defined as all applicable Microsoft NT, Oracle and Borland Software provided to the Library by The Library Corporation. The Sub-Licensed Software is subject to such limitations and restrictions as those required by the original licenser. 1.4 The term "Databases" refers to Library of Congress MARC Database and other information formatted for use by the Licensed Software and provided on machine-readable media by The Library Corporation. 1.4.1 The terms "Customer's Database" and "Library's Data" and "Library's Database" are defined as the Library's patron, circulation transaction, and MARC catalog machine-readable data. 1.5 The "Installation Date" shall be the day on which the Library begins production use of the Hardware and of the Licensed Software with the Library's Data fully loaded and available to the Library. 2 Statistics. Statistics set forth in Schedule A, Library Statistics, include the number of titles, number and type of terminals, number of locations, total items issued annually at each location, and the number of items in the collections at the Library locations where the System is to be used. "Items" are defined as materials circulated by the Library (individual copies of books, records, cassettes, etc.). Since The Library Corporation relies on these Statistics to choose the type of Hardware and to set parameters of the Software, the Library agrees that its Statistics as shown are reasonably correct. Library Contract Page 2 of 23 3 Term. This Agreement is effective until it is terminated according to the provisions contained herein. The Library can terminate this Agreement upon thirty (30) days written notification to The Library Corporation of its intention to terminate. 3.1 Termination. The Library Corporation may discontinue any license or terminate this Agreement upon written notice if the Library fails to comply or to contest within thirty (30) days of receipt of such notice, with any of the terms and conditions of this Agreement. In the event the Library becomes insolvent or voluntarily or involuntarily bankrupt or a receiver, or if the Library makes an assignment for the benefit of creditors, then The Library Corporation at its option may immediately terminate this Agreement by notice to the Library to that effect. In no event shall this Agreement be assigned or assignable by operation of law or by voluntary or involuntary bankruptcy proceedings or otherwise, and any such assignment or attempted assignment shall be void and in no event shall this Agreement or any rights or privileges hereunder be an asset of the Library under any bankruptcy, insolvency or reorganization proceedings. 4 Return or Destruction of Licensed Software. If this Agreement is terminated the use of all Software Materials licensed hereunder must be discontinued by the Library and all Software Materials must be returned to The Library Corporation, or if so requested in writing by The Library Corporation, destroyed. Within one (1) month after the date of discontinuance of any license granted hereunder, the Library will furnish to The Library Corporation if requested, a certification that through the Library's best efforts and to the best of the Library's knowledge, the original and all copies of the Licensed Software received from The Library Corporation or made in connection with such license have been returned or destroyed. This requirement will apply to all copies in any form, including translations, whether partial or complete, and whether or not modified or merged into other program materials as authorized herein. 5 Library Corporation Fees and Deliverables. According to the Statistics in Schedule A, and subject to any special conditions appended in Schedule I, Additional Considerations, The Library Corporation will provide deliverables detailed in the following schedules at the fees indicated: Schedule B: Conversion Processing Schedule C: Hardware Configuration and Support Costs Schedule D: Software Schedule E: Cataloging Database Subscriptions Schedule F: Installation and Training Schedule G: Payment Schedule Schedule H: Hardware Maintenance Schedule I: Additional Considerations 6 Payment. Payments for Hardware, Software, and all other goods and services shall be made in accordance with the terms that are set forth in Schedule G. Fees enumerated in Schedules B though F are summarized in Schedule G. Library Contract Page 3 of 23 6.1 Deleted 6.2 Deleted 6.3 Deleted 6.4 Deleted 7 Site Preparation. It is understood and agreed that the aforesaid fees do not include any site preparation or installation costs except as described in Schedule F, Installation and Training. 8 Licenses. The Library Corporation hereby grants to the Library a perpetual, non- transferable and non-exclusive license to use the Licensed Software. 8.1 Each License granted under this Agreement authorizes the Library to: (a) use the Licensed Software, in object code form only, at the location specified herein and on the designated number of display units at the location and a number of remote locations authorized in Schedule A, or as provided by Schedule C, (b) utilize the Licensed Software Materials in printed form and the Database in machine-readable form in support of the use of the licensed program. 8.2 No title to or ownership of the Software is transferred to the Library, and it remains the proprietary property of The Library Corporation. 8.3 The Library shall not allow the Software or any portion thereof to be reverse compiled or disassembled. 8.4 The Library Corporation may terminate all proprietary licenses granted hereunder and require return of the Software if the City fails to comply within 30 days of notice of default with these terms and conditions. The Library Corporation shall have the right to enforce these terms and conditions against the City or 8.5 If the Licensed Software is to be used at other than the designated location(s) as specified by Schedule A, additional licenses may be required for each additional location as addressed in Schedule C, Part 1. If the Library cannot perform its data processing at the host location because of conditions beyond the Library's control, the affected licenses will be temporarily extended to permit the Library to use the licensed program material at another location. 8.6 The Library must notify The Library Corporation of the Library's intention to change the designation of the location at which Licensed Software is to be used. 8.7 Sub-Licensed Software is governed by the licensing terms and conditions of the owners of those Software products, as identified in Section 1.3.2 of this Agreement. 9 The Library shall: 9.1 Provide suitable electric service for operation of Hardware and a dial-in telephone connection for the Database Server defined in Schedule C. Library Contract Page 4 of 23 9.2 Pay all costs associated with local leased dedicated telephone lines. 9.3 Pay shipping charges for all Hardware purchased from The Library Corporation as defined in Schedule C. 9.4 Designate a key person (or persons) for special training in the use of the Hardware. 9.5 Make no alterations in the Hardware purchased from The Library Corporation without obtaining The Library Corporation's written permission. 10 Privacy of Data. The Library Corporation agrees not to use patron details such as names, addresses, etc., for any purpose other than providing requested services to the Library and agrees not to transmit the Library's Data to any third party, except as requested by the Library. All bibliographic, item, fine, patron, and other records entered into the Library's Database on the Library's System or supplied to The Library Corporation by the Library are and shall remain the sole property of the Library. The Library Corporation shall not, without the Library's written consent, copy or use such records except to carry out contracted work, and shall not, without the Library's consent, transfer such records to any other party not involved in the performance of this Agreement, and shall return submitted records to the Library upon completion of the work hereunder. The Library shall have the right, without the consent of The Library Corporation to extract such data in industry-standard formats, using The Library Corporation's Software and at no cost to the Library. The Library acknowledges that the methods of storage, compilation, format, and layout constitute proprietary and trade secret information of The Library Corporation and are protected by federal copyright law. The Library Corporation agrees to assist the Library within thirty (30) days of such request, in making such extracts. 11 Protection and Security. All Licensed Software Materials, including, but not limited to, Documentation and User Manuals, contain proprietary information, use of which is limited by the licenses granted in this Agreement. The Library will not disclose or otherwise make available any Software Materials in any form to any third party except to the Library's employees, or to agents directly concerned with licensed use of the program. Library Contract Page 5 of 23 12 Warrantv 12.1 The Library Corporation warrants that The Library Corporation has the right to license the Software listed in Schedule D, Software, and to grant sub-license to the Sub-Licensed Software as defined in Section 1.3.2. The Licensed Software will perform the functions set out in the User Manual and Documentation in effect when shipped to the Library. Thereafter The Library Corporation will provide program service and maintenance as described in Schedule G, Software Support. The Library Corporation will insure that the licensed software will perform the functions as specified in the RFP. 12.2 The Library Corporation does not warrant that the operation of the Licensed Software will be uninterrupted or Error-free or that all program defects will be corrected. 12.3 The Library Corporation agrees, however, to make its best efforts to correct all reproducible material Errors in programming and discrepancies between the User Manual and the actual Software performance. The Library Corporation further agrees to make its best efforts to correct any Hardware or Software problems that result in total System "downtime". In the event that The Library Corporation personnel or The Library Corporation's designated agents must travel to the Library to correct Hardware or Software problems, the Library shall not be responsible for the cost of such travel. 12.4 The Library Corporation warrants that the Library shall acquire good and clear title to the Hardware purchased hereunder, free and clear of all liens, claims, or encumbrances from a third party. Title to the Hardware purchased from The Library Corporation by the Library shall pass from The Library Corporation to the Library upon payment of the final balance due, as outlined under Schedule G, Payment Schedule. 12.5 Hardware purchased under this Agreement will be newly manufactured. 12.6 The above warranties will apply as long as the Library has maintained Hardware Maintenance as provided by Schedule H and Software Support as provided by Schedule G, Part 2. 13 Software Support and Maintenance. 13.1 Telephone support and Licensed Software Updates will be provided as part of the annual Software support service fee, as provided for in Section 12.1 and Schedule G of this Agreement. The initial cost of the Software includes first-year Software support. Payment of the annual Software support fee entitles the Licensee to continued use of the Software. 13.2 Licensed Software Updates will be made available periodically. Revisions and enhancements to the Software are provided on magnetic tape, diskette, or compact disc or via telecommunications, depending on the Software and data used. The Library is responsible for implementing all Licensed Software Updates. All mandatory Licensed Software Updates must be installed within one (1) year of their release to ensure proper program performance and continued support. Failure by the Library to install Licensed Software Updates within the agreed time frame may result in the termination of program service and maintenance or in the increase of program service and maintenance fees where appropriate. Library Contract Page 6 of 23 13.2.1 The Library Corporation agrees to notify The Library at least 12 months prior to the release of a mandatory Licensed Software Update that requires a Hardware enhancement. 13.3 The Library Corporation reserves the right not to release Licensed Software Updates to the Software during the term of this Agreement. Failure to release Licensed Software Updates to the Software does not constitute default on the part of The Library Corporation because of the continuation of the right to use telephone support and other support-related services. 13.4 If The Library Corporation determines that a Software Update requires additional or revised Documentation, one copy of such Documentation will be provided to the Licensee. At the option of The Library Corporation, this Documentation may take the form of new manuals, replacement pages to existing manuals, manual addenda, machine-readable text, or any combination of these methods. 13.5 After a period of five years from the date of the execution of this Agreement, The Library Corporation can discontinue Software support upon two years written notification to the Library, in which case the force of Section 12.6 of this Agreement shall no longer apply, and the warranties provided by Section 12.1 of this Agreement shall remain in effect. 13.6 The Library Corporation reserves the right to charge at the then-published rate for any additional effort which results from the Library introducing an Error in the Licensed Software. 13.7 The Library Corporation shall not be responsible for correcting any adverse effects on performance or operation as a result of the Library's use of (a) third-party Hardware or Software, and/or (b) Databases and networks external to the Library-Solution System, in conjunction with the Library-Solution System. When resources are available, The Library Corporation may provide consultation services or assistance relating to the Library's use of such third-party Hardware and Software, external Databases and networks, and The Library Corporation reserves the right to charge, at the then-published rate, for such services and assistance. 14 Database Subscription Service and Maintenance. 14.1 Online access to The Library Corporation's Databases of cataloging resource data is provided to the Library according to the specifications of Schedule E. 15 Patent and CopvriQht. 15.1 The Library Corporation will defend the Library against any claim that Licensed Software or Software Materials or Sub-Licensed Software or Hardware furnished and used within the scope of the licenses and Sub-Licenses and titles to Hardware granted herein infringe a U.S. patent or copyright and The Library Corporation will pay resulting costs, damages and attorney fees finally awarded, provided that: (a) the Library promptly notifies The Library Corporation in writing of the claim, and (b) The Library Corporation has sole control of the defense and all related settlement negotiations. Library Contract Page 7 of 23 15.2 If such claim has occurred, or in The Library Corporation's opinion is likely to occur, the Library agrees to permit The Library Corporation at its option at no additional expense to the Library either to procure for the Library the right to continue using the Licensed Software or Sub-Licensed Software or Hardware or to replace or modify the same so that they become non-infringing. 15.3 The Library Corporation shall have no obligation to defend the Library or to pay costs, damages, or attorney's fees for any claim based upon (1) use of other than a current unaltered release of the Licensed Software if such infringement would have been avoided by the use of a current unaltered release of the Licensed Software, or (2) the combination, operation or use of any Licensed Software or data with non-Library Corporation programs or data if such infringement would have been avoided by the combination, operation or use of the Licensed Software with other Library Corporation-approved programs or data. 15.4 The foregoing states the entire obligation of The Library Corporation with respect to infringement of patents or copyrights. 16 Limitation of Remedies. The Library Corporation shall be liable for losses or damages up to one million dollars ($1,000,000), except for patent or copyright violation as contained in item 15 above, resulting from the intentional or negligent acts of The Library Corporation or its employees. The City shall be liable for losses or damages resulting from the intentional or negligent acts of the City or its employees. In the event the loss or damage results jointly from the acts of the vendor and City, then each party shall be responsible for losses or damages in proportion to their percentage responsibility for the occurrence. 16.1 In no event will The Library Corporation be liable for any damage caused by the Library's failure to perform its responsibilities, including daily backup of the Library's Database and subsequent verification, or for any lost profits or other consequential, special, or indirect damages, even if The Library Corporation has been advised of the possibility of such damages. 17 Waiver of riQhts. The waiver or failure of The Library Corporation or the City to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. 18 Severability. If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the remaining provisions shall not be affected in any way. 19 HeadinQs. The headings of the various Paragraphs and Subparagraphs herein are for convenience only and shall not control or affect the meaning or construction of any provisions of this Agreement. 20 Risk of use. All risk of use, operation, and control are borne by the Library. 21 GoverninQ Law. This Agreement shall be subject to all applicable laws of the Federal Government of the United States of America and to the laws of the State of Texas. The applicable law for any legal disputes arising out of this Agreement shall be the law of the State of Texas. Library Contract Page 8 of 23 22 Savina Clause. All quotations and Agreements are contingent upon accidents, fires, availability of materials, and all other causes beyond the control of either party. Typographical and stenographic errors are subject to correction. Terms inconsistent with those stated herein, which might appear on the Library's formal order or Request for Proposal, will not be binding on The Library Corporation. 23 Assianments. The Library and The Library Corporation agree that no sublicensing, nor assignment of its rights or interest, nor delegation of its duties under this Agreement shall be made or become effective without the prior written consent of The Library Corporation or the Library. Any attempted sublicensing, assignment or delegation without prior written consent shall be wholly void and ineffective for all purposes. 24 Taxes not included. The charges shown on this Agreement do not reflect applicable federal, state, and local taxes which may be added to the amounts shown at the time of invoicing. 25 Whole Aareement. This Agreement, including appendices and referenced attachments, constitutes the entire Agreement between the parties and supersedes all proposals, presentations, representations, and communications, whether oral or in writing, between the parties on this subject. Latter Agreements supersede former Agreements. Neither party shall be bound by any warranty, statement, or representation not contained herein. The signatories acknowledge reading and agree to comply with all terms and conditions. 26 Amendments. Amendments and modifications to all, or any part, of the Agreement and to the appendices and referenced attachments, may be made, and shall be binding, only if in writing and signed by duly authorized representatives of both parties. IN WITNESS WHEREOF the parties have duly executed and delivered this Agreement on the dates set forth below. ACCEPTED FOR THE LIBRARY ACCEPTED FOR THE LIBRARY CORPORATION By By Title Title Date Date Library Contract Page 9 of 23 SCHEDULE A Library Statistics 1. Estimated Number of patrons: 8,000 33,000 2. Estimated Number of Items: 3. Estimated Number of Titles: 32,500 4. Number of Library Locations: One Location 5. Total Number of Stations/Devices On-line: 28 6. Name and address of host location: Colleyville Public Library City of Colleyville 5400 Bransford Road Colleyville, TX 76034 7. Locations and # of stations listed below for Cataloging, Circulation, Public Access Catalog and other modules including: Library-Acquire & Library-Serial. Library Locations Cat Circ PAC Aca Serials Colleyville Public Library 1 2 23 1 1 The Library can load all staff modules on each of the five licensed staff workstations. The Library may reconfigure the location of the above licensed staff software without incurring additional costs provided that the total number does not change. Library Contract Page 10 of 23 SCHEDULE B Conversion Processing 1. Data Preparation Number of Bibliographic Records: 32,500 $ 3,250 Cost: Total - Data Preparation and Data Conversion $ 3,250 The Library will provide to The Library Corporation its Initial Customer Database. The Library Corporation will convert the Initial Customer Database to formats required by Library-Solution and load the Customer's Database into Library-Solution. Library Contract Page 11 of 23 SCHEDULE C Part 1. Hardware Configuration and Support Costs Description Unit Price · Dataserver-Dell PowerEdge 2600 $ 7,596 · Webserver-Dell PowerEdge 600SC $ 3,290 · (27) Dell GX260 Workstations $ 1,298 · (21) 15" Dell SX260 Flat Panel Monitors $ 411 · Dell Latitude C610 Notebook $ 3,124 · (3) PSC QuickScan 6000 Plus Laser Scanner $ 500 · (2) Citizen iDP 3550 Circulation Printers $ 294 Total Hardware Costs Total Hardware Support Costs Shipping $ 3,925 Total Price $ 7,596 $ 3,290 $ 35,046 $ 8,631 $ 3,124 $ 1 ,500 $ 588 $ 59,775 Year 2 Total Support Included Included Included Included $ 60* $ 180 $ 70 $ 310 *This support cost covers the scanner included with the Notebook. Library Contract Page 12 of 23 Dataserver Dell PowerEdge 2600 Dataserver includes: One Intel Xeon 1.8 GHz processor, 1 GB SDRAM, (2) NIC, (3) 18 GB hard drives (includes RAID 5), PERC4-DI, redundant power supply, mouse, keyboard, CD-ROM drive, 3.5" 1.44 MB floppy drive, 56K modem, pcAnywhere remote/host v1 0 software, 15" monitor, DDS-4 backup and (6) spare backup tapes, 700 watt uninterruptible power supply, Windows 2000 server software with 5 user licenses (required for technical services stations only), 2 years of Norton Antivirus Corporate Edition v8.0 pcAnywhere remote/host v1 0 software, surge protector, Surgearrest with telephone protection, 14' patch cable, and three vears of onsite, next business day support. Part 2 Hardware Description WebserverlTerminal Server A Webserver/terminal server is recommended for managing Public Access Catalog, Intranet, and Internet activities to your library database. Webserver includes: Dell PowerEdge 600SC Celeron 1.7 GHz Processor, 1 NIC, 1 GB SDRAM, 3.5" floppy drive, 20 GB IDE hard drive, CD-ROM drive, 15" monitor, keyboard, mouse, Windows 2000 Server software, pcAnywhere remote/host v1 0 software, Surgearrest, 14' patch cable, and three vears of onsite, next business day support. Technical Services I PAC Workstations (Pentium IV Processor) Includes: Dell GX260 Pentium IV (Small Form), integrated sound-NIC-video, 128 MB DDR SDRAM, 3.5" floppy drive, 20 GB EIDE hard drive, CD-ROM drive, 15" color monitor, keyboard, mouse, Windows XP Operating System, surge protector, 14' patch cable, and three years of onsite, next business day support. Hardware Options: (21) 15" Dell 151 FP flat panel Monitors Multi-purpose Computer Includes: Dell Latitude C610 Notebook, Pentium III processor, 1 GHz, 14.1 TFT display, 10 GB hard drive, 256 MB SDRAM, internal 3COM MINI-PCI NIC/modem combo, 24X max/10X min CD-ROM drive, additional lithium-ion battery, Windows 2000 Operating System, keyboard terminator, PSC QuickScan 6000 Plus laser scanner, 14' TP CAT 5 cable, and three years of onsite, next business day hardware support on computer hardware. (3) PSC QuickScan 6000 Plus Laser Scanners Keyboard wedge scanner with laser technology that allows scanning flexibility at a distance. Includes scanner, stand, and first year support. (2) Citizen iDP 3550 Circulation Printers For checkin/checkout activities; includes first year support. Library Contract Page 13 of 23 Part 3 Minimum Hardware Requirements If you are using existing equipment or obtaining equipment from a third-party, you will need to meet the following requirements: Dataserver If Library provides the hardware, the recommended hardware for the dataserver is to be equivalent or comparable to the following specifications: Dell PowerEdge 2600 Dataserver includes: One Intel Xeon 1.8 GHz processor, 1 GB SDRAM, (2) NIC, (3) 18 GB hard drives (includes RAID 5), PERC4-DI, redundant power supply, mouse, keyboard, CD-ROM drive, 3.5" 1.44 MB floppy drive, 56K modem, pcAnywhere remote/host v1 0 software, 15" monitor, DDS-4 backup and (6) spare backup tapes, 700 watt uninterruptible power supply, Windows 2000 server software with 5 user licenses (required for technical services stations only), 2 years of Norton Antivirus Corporate Edition v8.0 pcAnywhere remote/host v1 0 software, surge protector, Surgearrest with telephone protection, and a 14' patch cable. Dedicated Webserver (for single or multiple sites with more than 10 workstations): TLC highly recommends a dedicated Webserver for a single or multiple site library system with 10 or more workstations. The Webserver is recommended for use with Library-Solution for maintaining Intranet and Internet activities. The recommended hardware requirements for the Webserver are Pentium III 500 MHz, 128 MB RAM (256 MB recommended), liS version 3 or later (recommended liS 4 loaded from Option Pack), 9 GB of total drive space with at least 500 MB of free drive space for web pages and the accumulation of log files, 3.5" diskette drive, 16X CD-ROM drive, standard keyboard, 14" VGA monitor, mouse, Windows NT Server (v4.0). Technical Services Workstation: The minimum hardware specifications for a Library-Solution Cataloging, Circulation, Serials or Acquisitions workstation are Pentium 133 MHz, 64 MB RAM (128 MB recommended), 1 GB hard drive, 3.5" diskette drive, 16X CD-ROM drive, standard keyboard, 14" SVGA monitor (with at least 800 X 600 pixels), mouse, Windows NT Workstation (v4.0), Windows 2000, or Widows XP. Public Access Catalog Workstation: A Library-Solution Public Access Catalog workstation requires a workstation capable of running a graphical web browser, such as Netscape Navigator or Microsoft Internet Explorer. All stations require an Ethernet card and connection through the Ethernet network. Serial scanners will not work with Windows NT. Library-Solution supports keyboard wedge scanners. If the scanner is connected to the keyboard via a "Y" connector, it may be used. Note: TLC will help you determine if your existing hardware can be used with Library-Solution. Library Contract Page 14 of 23 SCHEDULE D Software According to the provisions of this Agreement The Library Corporation grants perpetual, non- transferable and non-exclusive licenses for the following Software and Databases, subject to the terms and conditions of this Agreement for use at the location(s) specified in Schedule A. 1. The Library Corporation LibraryeSolution Integrated Library System: 1st Year 2nd Year Qtv Description One-Time Price Support Support 1 LibraryeSolution Software $ 28,950 Included $ 5,790 Modules for Cataloging, Authority Control, Circulation, and Public Access Catalog for 5 staff stations and unlimited PACs at 1 Library location. 1 LibraryeZ (Z39.50 Server) Included Included Included 1 Kid's Catalog Web $ 2,695 Included $ 795 1 LibraryeAcquire $ 3,195 Included $ 995 1 LibraryeSerial $ 3,195 Included $ 995 1 Telephone Notification System (Phone-Tree 2100) $ 899 Included $ 180 Total Software Cost $ 38,934 $ 8,755 The cost to add Technical Services Software licenses will be $ 1,690 per station with an annual support cost of $ 338 per year. Library Contract Page 15 of 23 SCHEDULE E Cataloging Database & Software Subscriptions The Library Corporation will grant perpetual, non-transferable and non-exclusive licenses for the following databases, subject to the terms and conditions of this Agreement for use at the location(s) specified in Schedule A. Databases are updated with the frequency noted. Qtv Description Annual Cost 1 OPAC Enrichment $ 3,290 Basic & Premium 1 Multi-Database Search Tool $ 750 1 ITS-MARC $ 1 ,495 Total Annual Database Subscription Costs $ 5,535 $11,070 Total Annual Database Subscription Costs for Two Years Library Contract Page 16 of 23 SCHEDULE F Installation and Training 1. Installation 1.1 On-site installation of all Hardware and Software purchased from The Library Corporation will be performed by technician(s) who will unpack, connect, and test all Hardware purchased from The Library Corporation. Installation Expenses $ 3,600 2. Training 2.1 Eight (8) days of on-site staff operator training, training materials, and support in the use of Hardware and Software for a maximum of 10 people per trainer at $1,000 per trainer per day. The Library should plan on one terminal for every 3-5 trainees. If the Library feels more training is needed, additional days can be purchased at $1,000 per day. 2.2 It is understood by the Library that additional days are necessary for Acquisitions and Serials Control training, and that these will cost $1,000 per day. Training Expenses $ 8,000 Total Installation and Training: $ 11,600 Library Contract Page 17 of 23 SCHEDULE G Part 1 Payment Schedules 1. Summary of one-time charges: 1.1 Conversion Services (Schedule B) 1.2 Total Hardware (Schedule C) 1.3 Shipping (Schedule C) 1.4 Total Software (Schedule D) 1.5 Annual Database Subscription (Schedule E) 1.6 Installation and Training (Schedule F) $ 3,250 $ 59,775 $ 3,925 $ 38,934 $ 5,535 $ 11,600 Total $ 123,019 2. Payment Schedule: Remainder due net 30 days from date of invoice (installation). Library Contract Page 18 of 23 Part 2 Software Support Annual Licensed Software Support Costs (Year 2) $ 8,755 1. Annual licensed software support costs includes telephone diagnostic service available during normal company business hours (7:30 a.m. - 12:00 midnight EST Monday _ Friday) additionally with emergency referrals from The Library Corporation's Operations Center to on-call personnel, 24 hours per day, 7 days per week. All Library-Solution customers have access to The Library Corporation's toll-free (800) telephone line. Software Support also includes access to The Library Corporation's online support center, which can also be accessed 24 hours per day, 7 days per week to view, update, and submit support requests. 2. Software support covers trouble-shooting of any Software-related problem and provision of updates to the latest version of the System Software. 3. First-year Software support is included in Software costs. 4. Second-year Software support fees include Library-Solution Cataloging, Circulation, PAC, Z39.50 Server, Acquisitions, Serials, Children's PAC Module, and the Telephone Notification System. 5. In the third (3rd) year and each subsequent year during which the Library is using the Licensed Software described herein, the Library will pay a support cost equal to $ 8,755 per year plus an annual increase not to exceed more than five (5) percent per year. Part 3 Peripheral Hardware Support Annual Peripheral Hardware Support (Years 2-5) $ 310 per year 1. Annual peripheral hardware support includes telephone diagnostic service available during normal company business hours (7:30 a.m. - 12:00 midnight EST Monday - Friday) additionally with emergency referrals from The Library Corporation's Operations Center to on-call personnel, 24 hours per day, 7 days per week. All Library-Solution customers have access to The Library Corporation's toll-free (800) telephone line. 2. The first year of peripheral hardware support is included. Subsequent year support is outlined in Part 1 of Schedule C. 3. Peripheral hardware support includes repair and replacement of components. Library Contract Page 19 of 23 SCHEDULE H Hardware Maintenance 1 Term. This Agreement shall have an effective date as stated herein and continue for a term of three (3) years. 2 Hardware and CharQes. 2.1 The Hardware covered by this Agreement and the maintenance charge applicable to such Hardware shall be as set forth in Schedule C herein. All charges specified shall remain in effect for three (3) years from the effective date of this Agreement, unless otherwise specified in Schedule C. 3 Scope of Maintenance Service. 3.1 Maintenance service shall consist of remedial maintenance including replacement of unserviceable parts. 3.2 If the maintenance work is to be performed at Library's premises, a service technician dispatched by The Library Corporation shall have working space, electricity, a local telephone line, and free and full access to the Hardware; and the Library shall provide a safe place in which to perform such work. Maintenance work will be performed according to the type and term of Service Agreement listed in Schedule C, with the following conditions: 3.2.1 Next business day / replacement service will require a service technician to be dispatched to arrive at the Library location for on-site service on the next business day between normal business hours, Monday through Friday, excluding regularly observed holidays. If the service technician is dispatched for on-site service after 4:00 p.m., local time, the service technician may take an additional business day to arrive at the Library location. 3.2.2 There may be an additional charge for service in certain remote areas of the United States. 3.2.3 Parts will be new parts or parts equivalent to new in performance when used in the Hardware. 3.3 Should the Library ship Hardware to The Library Corporation for any reason, the Library is responsible for any shipping costs incurred. Any Hardware shipped by The Library Corporation's offices or service center designated by The Library Corporation will be returned to Library via standard United Parcel Service, shipping charges prepaid. If Library shall desire a faster means of transportation, the Library shall designate the carrier and bear the complete cost. In either event, The Library Corporation shall not be liable for loss or damage in transit. Claims for shortage or damages in shipments shall be made against carrier by The Library Corporation. Library is responsible for noting any visible damage upon receipt from The Library Corporation and notifying The Library Corporation of such damage within three (3) days thereafter. 4 Exclusions. The Library Corporation's maintenance service provided hereunder does not include the following: Library Contract Page 20 of 23 4.1 Electrical work external to the Hardware; 4.2 This agreement extends only to uses for which the System was designed. Except as stated below, the services The Library Corporation agrees to provide under this Agreement are repair services which are necessary because of any defect which exists or occurs in materials or workmanship in the System or in any System component covered in this Agreement. Preventive maintenance is not included. Installation, deinstallation, or relocation services and operating supplies are not included. Repairs necessitated as a result of alteration, adjustment, or repair by anyone other than The Library Corporation (or its representatives) are not included. The Library Corporation is not obligated to repair any System or System component which has been damaged as a result of (i) accident, misuse, or abuse of the System or component (such as, but not limited to, use of incorrect line voltages, use of incorrect fuses, use of incompatible devices or accessories, improper or insufficient ventilation, or failure to follow operating instructions) by anyone other than The Library Corporation (or its representatives); (ii) an act of God such as, but not limited to, lightning, flood, tornado, earthquakes, and hurricanes; or (iii) the moving of the System from one geographic location to another or from one entity to another. 4.3 Such service which is impractical for The Library Corporation to render because of alterations to the Hardware or their connection by mechanical or electrical means to other devices or alterations to operating systems; or 4.4 Maintenance on Hardware not listed in Schedule C. 5 Disclaimers. The Library Corporation's obligations and warranties under this Agreement are in lieu of all other warranties, express or implied, including, if applicable, the IMPLIED WARRANTIES OF MARKETABILITY AND FITNESS FOR A PARTICULAR PURPOSE and all other obligations or liabilities for damages, including but not limited to consequential damages arising out of or in connection with this Agreement or the maintenance service performed hereunder. 6 General. 6.1 The Library Corporation reserves the right to adjust the maintenance charges if the Hardware specifications, attachments or features of any item of Hardware are changed after the date hereof, 6.2 The Library Corporation is not responsible for any failure to render service due to any cause beyond its control, 6.3 The Library Corporation shall be entitled, upon giving prior written notice to the Library, to assign this Agreement and The Library Corporation's rights hereunder to any subsidiary, affiliate, or successor thereof. Library Contract Page 21 of 23 SCHEDULE I Additional Considerations 1 If, within sixty (60) days of installation, the Library is not completely satisfied with the LibraryeSolution System, the Library may return it to The Library Corporation and receive a refund of all monies paid. This guarantee warrants the Library's satisfaction with the entire System and does not encompass return of individual Modules or refunds or discounts for not using parts of the LibraryeSolution System. 2 Returned Goods Authorization. The Library Corporation must authorize any goods to be returned prior to return shipment, and the address label should include the return authorization number. Cost of return shipment is the Library's responsibility. Returned goods received in acceptable resale condition as determined by The Library Corporation will result in a credit on account for the amount of the sale less a 20% handling and restocking charge. Custom products, such as barcode labels, are not returnable. 3 Second-Year Support Costs, as stated in Schedule G, include all Software and Hardware purchased under this Agreement. This does not include MARC Database, OPAC enrichment, or Webfeat. 4 LibraryeSolution employs ReportSmith as its report generation Software. ReportSmith is preprogrammed with approximately 100 reports for Library use. Because of the sophistication of the LibraryeSolution Database, The Library Corporation utilizes a run-time version of ReportSmith. Should the Library require a report not preprogrammed into ReportSmith, it is the policy of The Library Corporation to design and implement user- requested reports at no additional charge to the Library. 5 The Library Corporation provides a PAC Configuration Utility that is used to customize or modify the Library's PAC Interface. The PAC Configuration Utility can be accessed by authorized users and provides the ability to create multiple configurations. 6 The Library Corporation will test a backup tape of the Library's Database every six (6) months if the Library requires. Library Contract Page 22 of 23 SCHEDULE I Additional Considerations (continued) 7 Escrow 7.1 At Library's option, within thirty (30) days following the signing of this Agreement, The Library Corporation shall add Library as a party to its already existing escrow account for the Software. Such escrow account contains a current source version of all The Library Corporation's application software and all associated materials. 7.2 The escrow company's obligation to the Library is separate and independent from any obligation to The Library Corporation so that, in the event of the occurrence of a release condition, it cannot be unreasonably interfered with by a bankruptcy trustee. 7.3 The escrow agreement shall authorize the escrow agent to release the source code to the Library in the event the Escrow Agent receives from the Library: 7.3.1 Written notification that The Library Corporation has failed in a material respect to support the applicable Systems as required by a License Agreement ("License Agreement") between Library and The Library Corporation or that The Library Corporation has otherwise defaulted in a material respect under the License Agreement ("The Library Corporation Default"). 7.3.2 Evidence satisfactory to Escrow Agent that Library has previously notified The Library Corporation of such Product Default in writing; 7.3.3 A written demand that the Deposit Materials be released and delivered to the Library; 7.3.4 A written undertaking from the Library that the Deposit Materials being supplied to the Library will be used only as permitted under the terms of the License Agreement; 7.3.5 Specific instructions from the Library for this delivery. 7.3.6 An initial check payable to Escrow Agent in the amount of one hundred dollars ($100.00). 7.4 The Library Corporation shall pay all basic costs of maintaining the source code in escrow, including the fees of the Escrow Agent. Library shall pay an initial cost of $250, for adding Library as a party to the escrow account and annual cost not to exceed $100, for remaining as a party to the escrow account. Library may, at any time during the term of this Agreement, have access to and review deposited Software and associated materials subject to reasonable security limitations. 7.5 The Library Corporation shall replace the deposited software and related documentation with an updated version at least once every twelve (12) months or upon The Library Corporation's distribution of new release software to its Libraries. Library Contract Page 23 of 23 CITY COUNCIL Cily Of CC~J]", AGENDA BRIEFING lexOlS MEETING DATE: 02/18/03 CITY MANAGER ; ~. ITEM # : 9 DEPARTMENT HEAD I~~ ORDINANCE # : 0-03-1385 FINANCE REVIEW ; N.A. Previous Action: Tabled DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Zoning Change from AG to PUD-C Planned Unit Development Commercial on 4.268 acres located on the east side of Colleyville Boulevard, north of Tarrant Lane, Case Z-02-034 Update The City Council tabled this zoning request at the January 21, 2003 meeting. The Council suggested several changes to the ordinance at the meeting, and directed the applicant to address issues related to cleaning up the property, hours of operation of the businesses, hours for deliveries, and trees in the buffer yard. The applicant has met with the adjacent homeowners to address these items. Staff has revised the ordinance based on these comments and the following is a summary of the changes. Permitted Uses. Light manufacturing uses that do not have outdoor storage or activities is listed as a permitted use by right. Prohibited Uses. The list of prohibited uses allowed within this PUD-C was expanded. The revised ordinance lists 38 prohibited uses on pages two and three. Conceptual Site Plans and Platting. The ordinance has been revised to restrict the maximum size building on the site to 24,000 square feet in floor area. This change was made due to concerns about the possibility of a single 52,050 square foot building being constructed on site. Open Space and Landscaping. Specific plans for the landscape buffer have been added to the ordinance. The proposed buffer is twenty feet wide, and it requires the planting of an 8- foot tall Live Oak tree each twenty feet. The length of the buffer is 479 feet, which requires the planting of 24 trees. Fencing. The proposed masonry screening fence has been specified as the Fencestone brand, a concrete wall manufactured by PremierCrete Products. Outside Activities. The ordinance has been revised to prohibit outside commercial activities within 180 feet of a residential property line between the hours of 9 p.m. to 7 a.m. Outside commercial activities include deliveries, loading and unloading of vehicles, and the operation of commercial or industrial equipment. In addition, any manufacturing activity, whether inside or outside a building, is prohibited between the same hours. Agenda Briefing Ordinance 0-03-1385 Page 2 of 5 Garage Bay Doors. The ordinance has been revised to restrict the height of any garage bay or overhead type door to twelve feet in height if that door faces a residential property line. The table below shows the current and estimated future value of the project, based on information from Tarrant Appraisal District records and the applicant. Property Value Building Value Personal Total Value Estimated City Property Tax Revenue Current $ 240,144 $ 13,986 $18,410 $ 272,540 $ 945 Proposed $ 240,144 $ 4,000,000 unknown $4,240,144 $ 14,730 Second Reading and Public Hearing Update At the previous meeting, the Council proposed several changes to the ordinance. Staff has revised the ordinance, and the following is a summary of the changes. 1. The automotive repair facility has been limited to 5,000 square feet in gross floor area. The revised language is on page 2 of the ordinance. 2. The side and rear building lines have been revised to provide for a 70-foot building line adjacent to a single family residential property line. The revised language is on page 3 of the ordinance. 3. The maximum building height has been revised. All buildings located within 180 feet of a residential property line will be restricted to 22 feet in height. The revised language is on page 3 of the ordinance. 4. The fencing requirements have been changed from a wood fence to masonry fence. The fence is required along the east property line of the development. The revised language is on page 3 of the ordinance. 5. The hours of restriction on outside activities have been changed to 9:00 p.m. to 7:00 a.m. The revised language is on page 4 of the ordinance. There has been some discussion, since the meeting, regarding the likelihood of garage bay doors facing the residential area and the potential for noise carrying over to the residential area. A small number of complaints have been received about a similar type of facility located at the east end of Industrial Boulevard. Language could be added to the ordinance to prohibit garage bay doors facing the residential area. Agenda Briefing Ordinance 0-03-1385 Page 3 of 5 First Reading and Public Hearing Backqround Schwob Construction Corporation is the owner of 4.268 acres located near the northeast corner of Colleyville Boulevard and an abandoned road known as Ross Downs Road. John Altman has the property under contract to purchase and develop. The applicant has submitted a request to change the zoning on the property from AG Agricultural to PUD-C Planned Unit Development Commercial. The owner proposes to develop the property for office, retail/commercial and office-warehouse uses. The property is generally triangular in shape. There is an existing auto repair facility and several smaller buildings on the property. The property abuts a single-family residential area to the east, and industrial property on the other sides. The property is landlocked and does not have direct access to a public street. The following is an analysis of the major issues associated with this rezoning request. Land Uses. The applicant proposes that the uses allowed in the CC1 and ML zoning districts be allowed by right. Any use requiring a Special Use Permit in either district would still require a Special Use Permit. The applicant also proposes an automotive repair and service facility as a use by right. Prohibited uses in this development include building material sales with outside storage, bus or train passenger terminals, railroad or motor freight terminals, transportation vehicle storage yards or garages, and veterinarian clinics with outside storage. Street Access. The property is accessed from Ross Downs Road, which was abandoned by the Commissioners Court in 1936. Access to the property is the most significant issue related to the development of this property, as this property does not have frontage on a public right- of-way. On the advice of their attorney, the applicant is working with the adjacent property owners to develop quitclaim deeds, which will divide the old right-of-way between the adjacent property owners on both sides of the abandoned street. When a plat is submitted for this property, half of the road will be incorporated into the applicant's lot, giving the property sufficient frontage on Colleyville Boulevard to provide a drive approach for the project. A copy of the attorney's letter is attached. Fire Department Issues. The layout of the project will be similar to other office or retail developments, with primary access to the buildings through parking areas and fire lanes. The Planning and Zoning Commission recommends that all buildings, regardless of size, be constructed with fire sprinkler and fire alarm systems. In addition, the location and widths of fire lanes will be coordinated by the Fire Marshal to ensure proper access is available to all portions of the site. Landscaping and Buffers. At least 20% of the land area must be maintained as a landscaped area, as required by the Land Development Code. The zoning exhibit appears to satisfy this standard. However, detailed review for compliance with this requirement would take place during the site plan and landscape plan review process. The development is also Agenda Briefing Ordinance 0-03-1385 Page 4 of 5 required to provide a 20-foot wide landscaped buffer adjacent to all single-family areas. The buffer area must include evergreen plan materials planted on 6-foot centers for the entire length of the buffer area. Fencing. The applicant proposes to construct an 8-foot tall cedar fence with cedar cap along the common property line with the single family residential area. The smooth side of the fence will face the residential property. Subdivision Plat. The zoning exhibit for this request is not considered a subdivision plat. The exhibit is a conceptual layout only, and the developer will be required to submit a plat if the zoning change is approved. The subdivision plat review will give the City the opportunity to review specific plans for streets, water, sewer and drainage. Impact Issues 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which designates this area as a future retail and commercial area. 2. Surrounding Properties. The properties to the north and west are developed as commercial uses and are zoned ML Light Manufacturing. Property to the south is also zoned ML Light Manufacturing, and one lot is developed as a self-storage facility. Property to the east is zoned PUD-R and is developed as single-family residences (Ross Downs Estates ). 3. Development Trends. The area is experiencing some new development northwest of this site along Colleyville Boulevard. A new dentist office has opened at the corner of Tennison Parkway, and a photo studio and interior design studio are under construction. It is possible that the area could experience redevelopment in the future when improvements to Colleyville Boulevard are complete. 4. Infrastructure. The developer is responsible for the extension of water and sanitary sewer services to the project. Some utilities are available in the area. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the land and house is appraised at $254,130. The estimated annual City property tax revenue generated by this property is $883. 6. Sales Taxes. Office and warehouse operations typically do not generate sales tax revenue. It is possible that some uses will generate sales tax depending upon the specific type of business. 7. Traffic Generation. The Institute of Transportation Engineers (ITE) publication Trip Generation provides estimates of expected traffic generation based on land use. Business parks typically consist of buildings occupied by offices, commercial uses, industrial uses and warehouses. During the 1980's and 1990's, ITE studied business parks around the country, mostly in the San Diego area. On average, a business park generates 12.76 trips Agenda Briefing Ordinance 0-03-1385 Page 5 of 5 per 1,000 square feet Gross Floor Area and 149.79 trips per acre. Based on these averages and the size of the buildings and lot, this development could generate 639 to 664 trips per day. The following table shows the recent traffic counts for Colleyville Boulevard during a 24-hour period. Location 24-Hour Total Date Tinker Road intersection 30,366 vehicles 2001 /2002 John McCain intersection 43,625 vehicles 2001 I 2002 8. Public Notification. Staff mailed notices to 33 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. The Planning and Zoning Commission conducted public hearings and considered this request at the December 2 and December 16, 2002, meetings. The Commission recommended approval by a unanimous vote, subject to the following conditions: 1. A fire sprinkler system and fire alarm system shall be provided in all buildings. 2. A fire lane shall be stubbed into the property to the south for future access to Tarrant Lane. 3. The lights on the building shall emit zero lumens as measured at the residential property line. 4. No commercial activities shall take place outside between the hours of 9:00 p.m. and 6:00 a.m. Commercial activities shall include deliveries, loading and unloading of vehicles, and the operation of commercial or industrial equipment. 5. The specifications for the screening fence shall be added to the ordinance. 6. The automotive use shall be restricted to the middle of the property. 7. The location and width of fire lanes shall be determined by the Fire Marshal. Recommendation Approval Attachments · Location and Zoning Map · Information from Applicant · Ordinance 0-03-1385 1R J 8.6"1 lie '" 2 1.891 At '" 201 3.12 tC ~ .t II C ~ '2 ~ .9 z .8 It 13 .' e. n .. .. 3 15 12 TA 2'H 2..' AC 12E ROC 1.N..__._._ 111 2K 3..l AC 13 .. II 6 llR 12 II ~ :'J ., .l III r.YT$ CT ~ ., .. .. .. ~ ,. I' '6 . ., 18 17 6 7.. ~ -f'J o ~7. ;;; ,.. . \. 12 \I ,.. R-'4-1 ... ~~;) \\~ ~ I\\~ ,\t.c,:, ~;,'\ 1\, 1 3...zJ-~ or t ~ J # 1 tt@r : ! 't\"t.~\"G ..j.; 1..U.r.t.-.___.__._.._.._.._.L_.__.._'.__ ..s:J. ~ .. _.._..____.__..._u 't\\\"\~ I' .,.......~~\l~~.l.: :; ~ IT."e2~ 111 2113 .'1. /Ie COLI..EYVII.LI: T11' '""'- Tn 2N 1.1 fttC .&-48 . '":lA2 ~: 36ft. ;' . ------_-......~~--- S^NDf,IlS LN 22 -19- ~I 21 ~ ,\ ,. " '" 1n ?y .oIIq At 1" 2Y2 .lB4 PC n ~~ Location Map & Area of Notification CASE # Z-02-034 - Zoning Change - AG to PUD-C .H --' ~ r-. t= rr-=-Y ~ --J it / I "0l Q b->... ....~ ~~ ~ ~~ @~ ~.. I I - ~l-~~ (T- - !il ..... - JC... , '<, O::! .- t:.i -- ,- Ii ,'- ", ~ Q .L. ~"" / - ~ ~ = LT \\il ::) ':( ~ I \-. --- ~ --- \ \ m ~ c- "'~w 71 gl c- -tl~/ ~ ~ \ j I- ~ :~ I N \ f~ tEllE }-~AlI. ~ I [::\ mwE-lv~~ = - ~h ~ trr ~ ---2 1~ ~ ~ ....-.i~ X: ~ ~- 'Ail <r= ~ I C ~ ~ ~. rnTmm ~~I I · m CDJJJID ~.- I I 0;; " .-{ >--L~ Ii\' L :7 ... " ~ _ ~ ~ ~ 8 "~~ "'- - - a:: ~'~~ {rf~~- ~j L ~ , 9 ~ ~~--'__ ~ g b --11 [~ (.) "'~oo ..: Pi ~ L.r- 'III. ~ o ~ ~ in ~:; t;:: ~ f- -.--J ';; ~ St '~' ..... - .... .S ., 0 ~ .....r- · Z J "--- SlJ c/, :;; ..... - $' ~ & "~ ~ 6 ~ ~ Il~ ~ \0 ~ l Ul .- "tl~~ ~ ~ ~~ :;-r* -J~ ;;;! I \ / =,.l; ~ '" ~,... n) 0 C ~ ==t- ~ ~~ IL-.L 0 \;- C- = -J $ ~ ~~ ~:=- a..~ ~J" ~V~ ~ II ~~" ~JH ___~( b ~~~) " ., ~ l~lu I~ C) ~~ ~ ~ ~ :i 6 I- :,,1 ~ f~~~t,~ -, --K.-' ~ ~ <<~_\ \ " ~j\ ~ ~ ~~c::~~~~ ~ iif I '-~. ~i' T ,\~ ~~ ./ ~r: ~Q : ~, :.3i\:< J:jl'- J- Cl'\, ~~}'~ 11~' ~\~ ~ ~~ -~-- ~-/ I~ LLI~r~ = ~ Ff 0:. _(~f-- \ L\ October 30,2002 Dear Neighbors, My name is William Ingle, a commercial real estate agent actively working in the Colleyville Market. I represent John Altman, a real estate investor who owns "Colleyville Tech and Business Center" at 1900 and 1904 Industrial Blvd in Colleyville. Currently, Mr. Altman has a 4. 268-acre tract at the intersection of the abandoned Ross Downs Road and Colleyville Blvd., which backs up to McMakin Ct. and Baker Ct. in the Ross Downs Estates II subdivision, under contract with plans for a mixed-use development -- "Colleyville Tech and Business Center North" . Mr. Altman plans to submit to the City of Colleyville for a Planned Unit Development with C-l uses and some ML uses. This development will have approximately 43,000-sq. ft. of total lease space available and will target retail, showroom, and professional office type tenants. Lease spaces will start at a rate $12.50 per sq. ft. and they will be triple net leases, which includes taxes, insurance, and common maintenance area. In addition, "Colleyville Tech and Business Center North" will meet all design and landscape standards of the City of Colleyville. We have already spoken to Hodges Automotive about the possibility of being a tenant in the new development. Mr. Hodge, who has been on the property for almost 20 years, indicated that he would like to remain at this location and be a part of the new development. Mr. Hodge would be in a new lease space of approximately 4,000-sq. ft., with a screened in yard and retail look and would be the only automotive business in the development. Please know that Mr. Altman has the best interests of everyone around this development in mind. He believes that this development will clean up the property and make it an asset to the City of Colleyville, in addition to creating more affordable lease space for professional office, retail, showroom and other tenants that would like to be a part of the City ofColleyville. We have scheduled a meeting for 7:00 p.m., November 12, 2002 at Able Electronics located at 6607 Colleyville Blvd. in order to show the site plan and discuss any concerns you might have regarding this development. Should you have any questions prior to this meeting, please feel free to contact me at 817- 427-9545. I look forward to working with you in regards to this matter. Sinctlfely, ______{.~~ ..4~....~ William S. Ingle Phifer and Associates, Ine 817.427.9545 . Fax 817.281.2442 . 7510 Davis Blvd., Suite E . North Ricbland Hills, TX 76180 infn @IT ,andDeals.cnm . www.LandDeals.com D. Young Co., Inc. D. Young Co., Inc. 1904 Industrial Suite # 105 Colleyville, TX 76034 I Telephone 817-442.9007 Fax 817-481-9664 November 21, 2002 City of Colleyville Clayton Husband P.O. Box 185 Colleyville, TX 76034 Re:Z-02-035 PUDC Amendment Me.Husband, This letter is in response to the Development Review Committee comments on the aforementioned Zoning case. Due to legalities discovered about the abandoned roadway and in response to our meeting with the surrounding homeowners the entire drawing has been redone. Please bear in mind that this is intended to be a preliminary conceptual design as needed for Rezoning. The guidelines established during this process will guide us through the actual final design of the project. Generallnfonnation: 1. Please fmd attached a copy of the letter stating the legal opinion of Richard D. Worsham. It is our intention to follow Mr. Worshams advice. He has been retained to begin the legal paperwork for all of the quitclaims access easements etc. Zoning Exhibit Drawinll 1. As the revised drawing shows we intend to totally redo the entrance in concrete and provide proper fire lane access throughout the property. 2. The development will not be subdivided. 3. The 20' landscape buffer is shown in the revised drawing. 4. An 8' cedar fence is now noted on the plans. The surrounding homeowners seemed to be pleased with this. 5. According to the drawings 27% 0 the property is landscaped. 6. Due to revisions after meeting with the surrounding homeowners the secondary entrance was placed further from the residential areas. We trust that this will be satisfactory. _______L_Th~~iU'eaacceptabl~. ___ . ____ 8. Water, sewer, electricity and phones have been located. Other Information: Fees and dedications have been noted and discussed with the developer. Nov-21-02 03:42P Worsham & Denman 817 545 6854 P.02 RICHARDD. WORSHAM ATTOlL"II::Y ^NTl COUNSl:i.Lc..lKAT T ...w MEW'.:A'Ilrll.r. RANK Bwe. ,ti(X) Airport F!W\liliY. !;uit~ 404 BelllullJ, TCXM ':,(i022 F.~I.i1n;lc; IS rU;45 tJ85-l '''d.pb....... ~17.nM.!l..(I(l Novcmher 21, 2002 Via Facsimile - 817-281-2442 Bill Ingle 7510 North Davis Blvd., Suite E North R~chJand Hills. Tx 76180 Re: CoJleyville Tech Business Center North (4.3 Acres in CulleyviUe) Dear Bill: This letter i~ tu wniirm our prior conversatiuns regarding this propclty.. I hav~ reviewed the preliminary sur/cy of the ~uoposed site orthe Colleyville Tech Business Center North. Thi~ surve)' ~hows an abancnned road and thoroughfare between the propused building !;i1e and 1he lots bordering Highway 26. The survey reflectl'i the road and rhoroughfare were abandoned in 1936. However, 1 believe it to have b~en in use to access Ross Downs tor many years after that. 1t is my understanding that 1his roadway was cutolf trom the adjoining RC)Sli Downs development over ten years ago. but has been in continuous use tll access the rear of the properties burdering Highway 26 since the road was abandoned in 1936. This road does not appea.r t.o have been incorporated into the legal descriptions of any of the surrounding tracts. The question raised by the City nfCulleyville, as 1 understand i1. is how will you access the proposed site of the Colleyville Tech Business Center North unless title to thj~ property is cleared? First. regardless or ownership of the roadway easement. the property owners using the roadway have a prescriptive easement to use the roadwa.y. An easement by prescriptj()n is similar tn ~ualters rights; if you U~e it long etlollgh, it becomes a property right. It is I'71Y legal opinion that the property uwners abutting the roadway thoroughfare do nOl have a legal right to block aCceSS to the roadway. and that your right of 3cce~s is entbrccablc in a court oflaw. The property own~r!l in Ross Downs. however. have abandoned thd r right tu ,,~cess through lack uf use There remains a question as to title to the roadway and thoroughfare. The only way to tlnally clear title is to me a suit to qUiet litle As that is a time consuming and co!>t1y process. the allemativc is to reach an agr~elUcnt with all of the parties who would have standing to assert ownership of the roadway thorollghfare - if. Tsm)l)egal-op'l1IonTIiartfiC onTypameswitt,-standlng to make a-claimtuthe-property-of'~ Nsht-ro-aeeess-- .-- th~ roadway are tho~e abutting the roadway thoroughfare and those property owners who have bet::n using N()vemb"r 21, 20112 . PMaC t of 2 Nov-21-02 03:42P Worsham & Den~n 817 545 6854 P.03 the roadway to access their property for the past decade This is limited to the owners of the tive tracts lying between the roadway thoroughfare and Highway 26, and the owners of the propused site for the Colleyvillc Tech Bllsiness Center North I wCluld propo~e that this be documented by surveying the roadway thoroughfare, breaking it into portions abutting the surrounding tracts (5 tracts), and having each of the parties execute a. quitclaim deed of each surveyed section to the rcspecti,,'e adjoining tract owner. To establish a clear right to access of the road~ay. we would simultaneously create a cross access agreement providing an ea..:;ement for a.1I 6 property tracLS (including the one that docs not adjoin the roadway, but has used it for acceslO) to use the roadway. As no otllt:r pa.rty would have standing to assert a claim, this would ctlcctively qUIet titl~ in the namt:s of the surrounding property owners anti ~.uablish access and use of the roadway thoroughfare Maintt:nallce ofth~ lhoroughfare would be resolved in the cross access agreement. 1 ~lieYc that this liec will be sufficient for a title inllurance company to issue title insurance on the added property. However, it is up to the underwriters of the individual title insurance companies to make that decision. and 1 cannot guarantee that decision. ~ there is a 3-year statute of limitations for adverse: possession under "color of title" (meaning, a deed), I believe any possible objection!; to title would eJCpirc ailer that. time period. J would recommcnd a review ol'thc deeds to the !!Iurrounding tracts and the deed tu Ross Downs prior to its conversion to adevclopmelll would be warranted to assure that the road thoroughfare hall not previously been incorporatcd into another property description. Please feel fr~e to use this letter as a reference in your discussions with the City or your inveslors. Sincerely. . J"') .~. 4/ t JO t/V/-t./J.,-. Richard D. Worsham rw '", No\orDJb",r 21, 20U2 . Paftc :1 of2 FROt-' d'::joungco FA>< ~-n 8174819664 Dec. 19 2002 03:50PM Pi D. Y ~GJ.J IrK. r~ Date: Decmlber 19. 2002 No. of pages including cover sheet: 1 Please dcliver the following pages to; NAM~: CIA"Tvt. 11..~bAt\d Company: Cir;y ot eoll<;yv.illc D<.:vclopnlent Dcpt. Fax Number; 817-577.7564 From: Cc: Dw2.yne Young Bill Ingle 817-281-2442 / John Altman 972-774--7459 Subjcct: Z-02-035 PUDC Amendment If there are 24Y problems or o~ssions in this &ut 1'1eA$e cAll 817-442-9007 . The information contained in this facs1mile message is privileged and confidentitl infOmution intended for use of the addresllcX; Iillted above. If you an: neither the ~1piel)t nut the employee r.n- agent re:1pOnPil1bJe fOT ddiveri.og (hi" tn(;ssage to the intended recipient, you are hereby notified that any disclosure. oopying. disttibution, Of the uking of any aaion in reliance on the cunten*" of the: tclcc:upied infonnllt1on is l<trictly probihitt:d. If you ~cl t~ n:k:copy in c!ftUr, pbse immcdi2.tdy notify \1$ by telephone at the above numbcc to acnngc foL the f'C;tUm of the original docuro.~t to ~. Mr. Husb2nd, . In respon:lc to citiz<''D, comments after the most recent planning and zoning commission he:u:ing, the developer would like tu respectfully request the addition of language to the ordinance being written to pre!\enl ~o the City Council onJa.nuary 7, 2002.- No building shall exceed one story in height. No outdoor commercial operations (Jncluding but not limited to t>ick up llud lOT: deJjvery of goods, loading and unloading of machinery 01: materials, and any manufacturing) will be conducted in any portion of the deve1opmOlt thac falls within 180' of any residential property between the hours of 9:00 PM and 7:00 ALvI No 24 hr. Convenience st.ore!\ win be allowe-d (:vcn with a Speci2l Use Permit . . Thank YOu for your cunsideration in thi$ matter. Plea$e respond back to me with your thoughts and or su~tion$. Th~ DwayneYO~~ ~ - ~~.(jflr.cnft"r l'"evi~_n_-===-~-ftlltIlWVi,t us Mlu1 --=-..:::....T'la<.,.;gnlin(~iaf:oc-- - P.O. Box 54176 HUl$t. l1( 76054 817-442-9007 OflI"ce 811--481.96G4 Fax cdyoung@academiCj)lanet.c:om Proposed Ordinance 0-03-1385 homeowner meeting Page 1 of2 From: Sent: To: Cc: Subject: Attachments: I cdyoung@academicplanet.com IAdd Contact I 1/21/2003 8:43:39 AM ~JQd@ci .c;:olleYYille. tx. !J~hocuttj@ci .colleyyille. t~.. husbandc@ci.colleyville.tx.us Proposed Ordinance 0-03-1385 homeowner meeting Message 1 of 21 Dear Sirs, Tuesday January 14,2003 at 7:00 PM the prop sed owner, John Altman, the Leasing Agent, Bill Ingle, and myself met with all interested homeowners aout the propsed zoning case before you now. We had a good meeting with good discussions on several topics. The six adjacent properties were represented as well as the HOA president. This letter is simply to inform the Council of the topics of discussion and to attempt to provide all information possible before the council meeting tonight. - The development team presented a letter attached to a copy of the proposed draft ordinance outlining their concerns. (The letter is attached to a hard copy ofthis e-mail and will be given to Clayton Husband for distribution tonight) - After everyone had time to read through the draft ordinance we discussed it point by point from the beginning. -2a(3) All present agreed that the phrase, "additionally any outside storage shall be screened with at least a 6' wood screening fence", should be added to this section -4e There was some discussion on building heights and how much of the building would actually be visible from the yards. No recommendation was made to change the verbage in the draft ordinance. -5 The phrase "minimum landscaping and buffering requirements" was questioned. While there was no specific recommendation for alternate verbage at the meeting the development team agreed to provide further information. On Wedneday January 15,2003 Dave Dudziak visited the office ofD. Young Co., Inc. where we provided a full copy of the City Landscape Ordinance and discussed the landscape buffer adjacent to the residential a area. The developer offered to plant 8' evergreen trees 20' on center in lieu of the bushes 6' on center as required in order to provide a more efficent visual screen in the near future. (The 20' centers was recommended by a landscape archticet to maximize the mature canopies as a visual screen) The question of live oaks, which are larger slower growing trees or waxed myrtle or lugustrum which are smaller but faster growing trees was discussed. Mr. Dudziak was going to meet with the homeowners about this. We have not heard how this meeting went. -6 The question was raised as to what type of masonry fence the ordinance would require. There was much discussion on this issue. The wood fence that had been previously agreed to by the homeowners was preferred by two of them due to the considerations of time to install a masonry fence and the fact that the masonry fence will only cover a portion of their tear property line. The remaining homeowners and Mr. Dudziak all preffered a masonry fence. Since the meeting, proposals have been obtained and literature was prepared for distribution about a masonry fence called "Fence Stone" and the conceptual siteQta,Il\NJ!~noted with the masoIlI'Y-fence_and the trees. Mr, Gregg-Elowers-picke~this-liter-atUIe and stated that he would distribute it to the homeowners on Frday afternoon January 17,2003. The developer would naturally prefer installing the wood fence due to the costs associated with a masonry fence but is agreeable to installing either one at the pleasure of the City Council. http://www.academicplanet.com/webmaillReadMessageBody .asp?F 01derID=183691 &MsgI... 1/21/03 Proposed Ordinance 0-03-1385 homeowner meeting Page 2 of2 All paperwork from the meeting and the paperwork provided to the homeowners after that meeting will be given to CLayton Husband for distribition to the Council prior to tonights meeting. Thank you for your time and energy in serving the City of Colleyville. We are looking forward to our meeting this evening. Sincerely, Dwayne Young D. Young Co., Inc. http://www.academicplanet.comlwebmaillReadMessageBody .asp?FolderID= 183691 &MsgI... 1/21/03 Colleyville Business and Technology Center North January] 4, 2003 Re: Proposed Colleyville City Ordinance 0-03-1385 Dear Interested Homeowners, Please find attached a revised draft ordinance that will be presented to the Colleyville City Council at it's second reading on Tuesday January 21,2003. This draft has been revised to reflect the comments of the; Citizens, Planning and Zoning Commissioners, City Staff, and the City Council. We believe that all of the concerns raised by you have been addressed and that all of our mutually agreed upon issues have been inc1 uded. There are two areas of this proposed ordinance that concern us as developers. They are specifically Item 6 and Item 8(d). We would appreciate hearing your thoughts before we address the City Council on these Issues. · I tern 6 In prior conversations with the neighborhood we had agreed in principal on an 8' tall cedar fence w/ cap rail, and concrete footer to be maintained by the property owners as a part of the ordinance. The city staffhas substituted an 8' masonry fence. · Item 8{ d) While we are in full agreement about outside commercial activities early in the morning, the front portion of this property is on or very near State Hwy. 26. There could be the possibility of leasing the buildings in the front portion of this property to a retail store or other business that might req uire early deliveries. We would like to request that this time limit be in effect for the portion of the property that falls within 180' of any residential property and not the entire property. Thank you for your presence this evening and your consideration of these issues. Please feel free to call Bill Ingle or myself if there are any questions or concerns that arise after this meeting. Dwayne Young Bill Ingle 817-442-9007 (office) 817-427-9545 (office) S incerel y, ~_"""d:_ "'~, ~"'---__,______c,-~- ou~;~~~ Colleyville Business and Technology Center North January 14,2003 Re: Proposed Colleyville City Ordinance 0-03-1385 Dear Interested Homeowners, Thank you for coming tonight. We appreciate your time and interest in your neighborhood. Please sign in below and take a packet. --O~vt' j) (,~z... .~(< ~c..\1 ~l~~~5 -- J ~"" G (~"'- ~I C>~AI,(c?N cE: :2301 u.....\il<~5 Ct. ( () L, LL.JJ. r- H o..\~; Y\. C -b- . htlb M LM~{(V' (I- 66e6 . OriKt'!:-, cT C-h 1''i.~u.... ~ S"olilJ r- . j) Y..~) {,- ---rlr,.... liNe>';"J . :\0 t. , i/f-ft "^~ '\. ~,y' ~" he Fencestone'. Wall System unites the warm ambiance of "dry stacked" stone with economical, lasting precast concrete panels, posts and caps. Utilizing steel and fiber reinforcement in high strength colored concrete, Fencestone'. will fulfill any requirement for an attractive, maintenance free wall. The timeless beauty of rugged stone, crafted with clefts and crevices is shared equally on both sides of the site assembled wall. Throughout the day, shadows cast by the sun, accentuate the texture of the wall surface. 1 foot by 5 foot -.------panets-me-ermviSiOlyinrecesses. creaTed15y IhedeePTY.-- defined stone impressions. The innovative characteristics of Fenceslone'. will enhance with distinction, both your project and your reputation. ,f lJ ~j ;~ l ;...i~...-:. [ j~ I ~l I , f" ':~ IJ LW IWlBE"T JOINT \ J ' l--,1 R{~ , 97- ~!~ ~ L -.Jl:]i~ ~L rRONT VIEW - TYP .PANEL l~;~L'"'' ~ c:::JQL li~ :US 'l l I ::::ri c:=J ~L II ., LJic:Sl r-' 1 rRONT VIEW - p.v<n TOP 4< BOTTO" f-- Cl pmEl 1 3/'" Fencestone" Walls are used as: Perimeter Walls Property Line Dividers Highway Sound Barriers Security and Privacy Fences Landscape Walls Community Monument Walls Planters Walls Pool and Patio Screens 1 I ~ . Warm Aesthetic Appearance . Versatile In Design And Application . No Maintenance . Cost Effectiveness . Same Texture On Both Sides . Invisible Panel Interlock . Panel And Post Cap Trim Included . Color That Endures . Quick, Clean Installation . Functional In Any Climate SPECIFICATIONS · Panels, posts and caps have texture on both sides. Integral color and concrete is thoroughly mixed and vibrated and shall attain a minimum strength of 4000 psi at 28 days · Galvanized steel mesh reinforced panel and rebar reinforced posts. Rebar conforms to A.S.T. M. A615, grade 40. Posts are set 5 feet apart. Post footing depth varies with soil conditions, wind load and height. DWAYNE YOUNG D. Young Co., Inc. P.O. Box 54176 Hurst, TX 76054 817-442-9007 Office 817-481-9664 Fax DETAILS rRONT VIEW -eN> . 1 .3;4- . 1 1/." SLOT-TYPl ~ Y I [B....................:...... ~; (}t:::~:,.y::: .... .";:',:'; ",.; ~ - .....,..~..'....>:.~:-::: ...:......:...::......: ." . . . .' ," " " ENO POST ,'-8 3/.- B ~ ~ ,. RE~ N~Dj 1/7' , , 1;'- GR~J ,. REBAR ,. REBAR x.................................. .".,' ..' .... ">', ...:.... ..:.......; ";.'::0".::-:; ,:::>.:9:::<:. UNE POST CORNER POST POST SECTIONS 5'-0" ~; ".~"'. -~ ~ P""NEL I LINE POST ! i LINE POST eN> ! ,~ CSc::=:::;ir._.. &rPIER ~""~' ___ i ~'''~, i LINE POST CAP =\ ~ I c::::J ~ ~ r '-' W r ~ -' ~ ~ /'" GRAOE if> Z <J ;= o z o v , @';"PIER . I ~ . ~ 0 . . ~ ~ ..' w . oj ." 0 ~ ,I . ~ ~ , w , '-=rINE POST Ii: ~ rn_ ::> ------ -- ~ , ~ , , ORDINANCE 0-03-1385 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 4.268 ACRES OUT OF THE A.J. LOTT SURVEY, ABSTRACT 963, FROM THE AG AGRICULTURAL DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by the D. Young Company on November 4, 2002, under Case No. Z-02-034; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds as shown on attached Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for general office, retail, office- warehouse land uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-03-1385 Page 2 of 6 2. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within this Planned Unit Development. (1) Uses allowed in the CC1 Village Retail zoning district (2) Uses allowed in the ML Light Manufacturing zoning district (3) One (1) automotive repair and service facility with outside storage, located at least one hundred eighty (180) feet from any residential property line. The facility shall not exceed five thousand (5,000) square feet in gross floor area. (4) Office-Showroom and Warehouses (5) Light manufacturing without outdoor storage or operations b. The following land uses shall be prohibited within this Planned Unit Development. (1) Building material sales with outside storage (2) Bus or train passenger terminals (3) Railroad or motor freight terminals (4) Transportation vehicle storage yards or garages (5) Veterinarian clinics with outside kennels (6) Convenience Stores with or with-out gasoline sales (7) Kindergarten, primary & secondary schools (8) Junior and senior colleges and universities (9) Vocational, technical and trade schools within 180 feet of any residential property line (10)Golf courses and community buildings (11) Public maintenance and storage buildings (12)Telecommunications towers (13)Solid waste disposal sites (14)Cemeteries and mausoleums (15)Airport, heliport or helistop (16)Convenience store with gasoline sales (17)Convenience store without gasoline sales (18)Supermarket or grocery Ordinance 0-03-1385 Page 3 of 6 (19)Cafe, cafeteria and restaurant within 180 feet of any residential property line (20) Restaurant with drive-in or drive-through service (21 ) Hardware with outside display (22) Pet shop within 180 feet of any residential property line (23)Vehicle sales with outside display (24)Automobile sales (25)Gasoline service station (26)Building materials sales with outside storage (27)Self-service laundromat (28) Funeral home or mortuary (29)Veterinarian office with kennels (30) Contractor office with storage yard (31) Exterminator shop with storage (32)Day care or day nursery (33) Pawn shop (34) Outdoor amusement (35)Archery and firearm ranges (36)Automotive repair and service without outside storage (37)Laundry or dry cleaning plant (38) Self-service storage 3. CONCEPTUAL SITE PLANS AND PLATTING a. The locations of buildings and land uses shall be generally consistent with the conceptual site plan attached as Exhibit "C", which shall not be considered the preliminary plat. The actual arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The arrangement, location and footprint of buildings within the PUD-C may differ from that shown on the attached Exhibit "C" and will be determined at time of site plan approval. However, the combined total square footage of all buildings shall not exceed fifty two thousand fifty square feet (52,050), provided that any large commercial building shall comply with any additional requirements of the Land Development Code. Ordinance 0-03-1385 Page 4 of 6 c. No single building shall exceed twenty-four thousand (24,000) square feet. d. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 4. LOT REQUIREMENTS AND SETBACKS The lot requirements and setbacks shall be the following minimum standards: a. Minimum Lot Size: None. b. Front Buildinq Line: Forty (40) feet. c. Side Buildinq Line: None adjacent to non-residential property. Seventy (70') feet adjacent to residential property line. d. Rear Buildinq Line: None adjacent to non-residential property. Seventy (70') feet adjacent to residential property line. e. Maximum Buildinq Heiqht: Thirty-five (35) feet. Twenty-two (22') feet if the building is located within 180' of a residential property line. 5. OPEN SPACE AND LANDSCAPING a. Each building site shall comply with the minimum landscaping and buffering requirements of the Land Development Code, which shall satisfy the open space requirements for the PUD-C area. b. The landscape buffer adjacent to the residential properties shall be at least twenty (20) feet in width. An eight (8) foot tall Live Oak tree shall be planted every twenty (20) feet within the landscape buffer. This buffer shall satisfy the landscape buffer requirements required by the Land Development Code for this property. c. The common open space may be utilized for storm water detention purposes. 6. FENCING a. The developer shall construct an eight (8) foot tall masonry fence along the east property line of the development, adjacent to the single family residential lots. The masonry fence shall be Sec. 3. Sec. 4. Ordinance 0-03-1385 Page 5 of 6 equal in quality and appearance to the Fencestone brand of PremierCrete Products. The fence shall be constructed prior to the issuance of a certificate of occupancy on any building on the lot. 7. LIGHTING a. Lighting on the buildings shall be shielded and designed to direct the light downward and away from adjacent residential properties. b. The luminance of the lighting on the buildings shall not exceed zero (0) lumens, as measured at the common property line adjacent to the single-family residential areas. 8. OTHER a. The architectural design score for all commercial buildings shall be a minimum of 30 points, as described in Chapter 6 of the Land Development Code. b. All buildings shall provide fire sprinkler systems and fire alarm systems, regardless of the size of the buildings. c. The location and width of all fire lanes shall be approved by the Fire Marshal. d. No outside commercial activities shall take place within one hundred eighty (180) feet of any residential property line between the hours of 9:00 p.m. and 7:00 a.m. Said commercial activities shall include, but not be limited to, deliveries, loading and unloading of vehicles, and the operation of commercial or industrial equipment. e. No manufacturing activity shall take place on the premises, either inside or outside a building, between the hours of 9:00 p.m. and 7:00 a.m. f. Any overhead door facing a residential property line shall not exceed twelve (12) feet in height. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 5. Ordinance 0-03-1385 Page 6 of 6 THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of pu blication provided by law. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney EXHIBIT A - ZONING MAP ~ ML l' CC-Z /" ~-;- -....... /~ . /\.""W'.nc , .v<\l,.. \l-/.. ~r-.g ~PKWy -:I A /" 0.98-1098 ~~ {j / IT. /'&'<'\7\ rr r~ -I J ~~I\ '~T II -I, ~~~ r--~ ~ fl \ \);(1 '5rra ~ ff/' ~ ~- r-:;", :;/- >=:"\ ~ ~~~'~ ~~-== ~ UI I \ t:L :=~ /-- III _~L-f- ~ L--L-- '--'- _ j 'l--f- _ . . (~ lj:.Hn..al c-V /T _ PUQ:C.~()'9&-1157. .J ().02-1335.~ 1 l I - 1:.0..-. 10.00-1211 ~ ~ J),I..~~I..~,,'1l / ~ ~ f ~',-.-.l ~ It- 0-02-1327 J /:;$"_1 _ ._. ~ - ..l - ..... ;c.),j ... l1"If / -- ... -- =&l~l1iiL '-=_ I - ~r~. I. Bl'UJ .~~ ,7 -ml()'95-101~11 "" ~ ~,... ". ---' 11,.2) t- --'r f- ~ '-': J-.y~ 1c' r J ,W I ~FJJ!fJ r ~r_~ AG -- ----' ~-- 0-99-1164 I-- ._7 ~ .-. J.G sea I I _ ( ~~J/ ~ [ C' L - -I.. -'Ztll, - '-- lUIi'lla ld ~ "",u,A"'nl EXHIBIT B - METES AND BOUNDS DESCRIPTION Being a tract of land out of the A.J. LoU Survey, Abstract No. 963, Tarrant County, Texas, and being the same tract of land as described in deed recorded in Volume 10003, Page 114, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a %-inch iron pin found in the south line of Ross Downs Road for the northwest corner of tract being described, said point being the northwest corner of Lot 2, Block 1, C-D Subdivision, an Addition to the City of Colleyville, Tarrant County, Texas, and by deed being the northwest corner of a tract of land as described in deed recorded in Volume 5990, Page 188, Deed Records, Tarrant County, Texas; THENCE North 52 degrees 49 minutes 31 seconds East 784.49 feet (deed call North 52 degrees 14 minutes 20 seconds East 781 .92 feet) along the easterly line of said Ross Downs Road to a capped iron pin set for the most northerly northwest corner of tract being described; THENCE South 89 degrees 34 minutes 33 seconds East 69.44 feet (deed call 76.28 feet) and continuing along the south line of said Ross Downs Road to a %- inch iron pin found in the west line of Block 12, Ross Downs Estates II, an Addition to the City of Colleyville, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 799, Plat Records, Tarrant County, Texas, for the northeast corner of tract being described; THENCE South 01 degrees 32 minutes 00 seconds 478.92 feet (deed call 479.00 feet) along the west line of said Ross Downs Estates II to a % inch iron pin found for the southeast corner of tract being described, said point being the northeast corner of Lot 1 R, Block 2, Ponce Addition, an Addition to the City of Colleyville, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1642, Plat Records, Tarrant County, Texas; THENCE North 89 degrees 34 minutes 32 seconds West 707.35 feet (deed call West 707.26 feet) along the north line of said Block 2, Ponce Addition and the north line of said Lot 2, Block 1, C-D Subdivision to the POINT OF BEGINNING and containing 4.268 acres of land, more or less. . . . , ~X~ '. . ~'p. , . ~~ ; , . ;1 _ 8 . , , . . If~ . i .: i ........ . ~: .-: . sa . ;. I II .' i . : . . II . . ;; _.au. .. EXHIBIT C - ZONING EXHIBIT ~o, (~~ ~ ~ ~Ob: . ....) ~~ , . . . ' . t. ~ .: . . . .' _I e~ S" ~ , , . . :: i ': i 't!lf II J>i . , . '.' . ..-. .. . :-:.: .. .. .. . . . 'P;'. lIlIf13l1W ..... . t.....'. t: ...~. :0: .b:" :d.. 6. 'b'.. '0:':"';':0: '0:' ij': 6: 'b', :0': 0':0:-0:' f\': 6:-t>: <0<<>: :6:::Q::: ... ....,.. 4: .. .. .... ~'. ~'. 0'" .v. <II .. .. .. .. " .. " .. . ... .. .. .... .v...."... . . . . - N '... ....-.:.~'" '" IlUlCIC 12 ROSS llOIIlIG aWES . eM. A. SUlE .,.. << I, . ~ EXHIBIT C - ZONING EXHIBIT l:: ~fb ~ (j . ~C:l) ~ .0 ~ ((; 35' + ~ + '-It- '-It- '-It- MAIN ENTRANCE -rvt.' + + .... ... + .... .... ... + ... .... .... .... ... + ~ + .... ~ .... + ~ .... .... ,\1 ~ ~ .... CITY COUNCIL C\q' Of cae", AGENDA BRIEFING i ~~:o.:,,:$ MEETING DATE: i 02/18/03 CITY MANAGER --::2- ~ ,.~ ITEM # : 10 DEPARTMENT HEAD ORDINANCE # : 0-02-1382 FINANCE REVIEW Previous Action: Tabled DEPARTMENT: OFFICE OF CITY MANAGER SUBJECT: Approval to adopt an Ethics Code Update The City Council conducted a Special City Council worksession on January 30, 2003, to discuss possible modifications to the draft ordinance. A revised ordinance was provided to the City Council the same evening reflecting the modifications discussed during the worksession. Since that meeting, staff has inserted language requested at the worksession providing for certain delivery by the Colleyville Police Department. Second Reading and Public Hearing First Reading and Public Hearing Backqround During the past year, the Ethic's Committee has been working on the development of an Ethic's Ordinance pursuant to the charge by the City Council. The Committee conducted a review of several existing ordinances in the preparation of the proposed ordinance. Recommendation Enclosed is the current draft of the Ethics Ordinance for your discussion and consideration. Financial None None Attachments . Ordinance 0-02-1382 ORDINANCE 0-02-1382 AN ORDINANCE ADOPTING AN ETHICS CODE, PROVIDING FOR A STATEMENT OF POLICY AND CONSTRUCTION, ESTABLISHING DEFINITIONS, PROVIDING STANDARDS OF CONDUCT, REQUIRING DISCLOSURES, ESTABLISHING AN ETHICS COMMISSION, PROVIDING FOR LEGAL OPINIONS, ESTABLISHING A PROCEDURE OF FILING A DISPOSITION OF COMPLAINTS, AND ESTABLISHING A RANGE OF SANCTIONS WHEREAS, the City Council of the City of Colleyville deems it is in the best interest of the citizens of the City of Colleyville to establish an ethics code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT an ethics code providing as follows is hereby adopted: "COLLEYVILLE ETHICS CODE Statement of Policy and Construction 1 . Officials of the City of Colleyville have a special responsibility to the citizens of Colleyville. They should be dedicated to the highest ideals of honor and integrity in all public and personal relationships. They should demonstrate a commitment to the preservation of the values and integrity of local government, and a dedication to effective, efficient government. In order to further these objectives, the Colleyville Code of Ethics is adopted. The provisions of the Code of Ethics shall be construed liberally to promote the foregoing policies. 2. As used in this Code of Ethics the following identified terms have the stated meaning: (a) "Effected" means reasonably likely to be subject to a direct economic effect or consequence, either positive or negative, as a result of a vote, decision or action by the City. (b) "City" means the City of Colleyville. (c) "City Official" means the following: Any member of the City Council, including the Mayor, the City Manager, the City Attorney, the Judge of the City's Municipal court and any appointed member of a board, commission, authority or committee set up by ordinance, the Charter, the State Law or otherwise on a temporary or permanent basis, but not members of a board, commission, authority or committee which functions only in a advisory or study capacity and which has no discretionary, government, quasi judicial or administration authority. (d) "Clear and Convincina Evidence" means that measure or degree of proof that produces in a person's mind a firm belief or conviction as to the truth of the allegations sought to be established. Ordinance 0-02-1382 Page 2 of 8 (e) "Complainant" means an individual affirmatively asserting a violation of this code against another individual. (f) "Decision" means a vote and any deliberation on any ordinance, resolution, contract, franchise or other matter. (g) "Discretionary Authoritv" means the power to exercise any discretion in a decision or action. (h) "Entitv" means a sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, joint venture, receivership, trust, or any other entity recognized by law through which business may be conducted. (i) "Immediate Familv Member" means the spouse, parent, parent-in-law, brother, brother-in-law, sister, sister-in-law, child, son-in-law, daughter-in- law, or other person living in the same residential dwelling unit of the person. m "Just Cause" means such cause as is found to exist upon a reasonable inquiry that would induce a reasonably intelligent and prudent person to believe that a person has committed an act or acts. (k) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity. (I) "Respondent" means an individual against whom an alleged violation of this code has been filed. (m) "Substantial Interest" means: A person has a substantial interest in an entity if they have a 10% or more ownership interest in the entity, the value of the person's interest in the entity exceeds $15,000.00 or the person has received from the entity 10% or more of the person's gross income for the preceding year. A person has a substantial interest in real property if the person's interest exceeds a value of $2,500.00. Standards of Conduct 3.1 No city official shall make a decision or exercise their discretionary authority with regard to an entity or property in which he or she has a substantial interest. 3.2 No city official shall grant in the discharge of his or her official duties any improper favor, service or thing of value to any person or entity. 3.3 No city official shall make or permit the unauthorized use of city owned vehicles, equipment, materials or property. 3.4 No city official or their immediate family members shall accept or solicit for Ordinance 0-02-1382 Page 3 of 8 themselves any gift, favor, service or thing of value any person or entity that is seeking a decision or the exercise of discretionary authority from such official or from the city council, commission or agency of which such official is a member. This prohibition shall not apply to: (a) a non-pecuniary gift, the value of which is $25.00 or less; or (b) an award publicly presented in recognition of public service; or (c) gifts from family members; or (d) properly disclosed political contributions. 3.5 No city official shall disclose any information exempt for disclosure under the Public Information Act (Tex. Gov't Code, chapter 552) gained by reason of their position with the City concerning the property, operations, policies or affairs of the City, or disclose or use such information to advance any personal interest, financial or otherwise. This paragraph shall not preclude disclosure of such information in connection with any investigation or proceeding regarding whether there has been a violation of the standards of conduct set forth in this code. 3.6 No city official shall hold himself/herself out as representing the city in any capacity other than that for which he/she was appointed or elected. 3.7 No city official shall grant any special consideration, treatment or advantage to any person or entity beyond that which is available to every other person or entity. 3.8 No city official shall use his or her position or city facilities, personnel, equipment or supplies to secure special privileges or exemptions for himself/herself or others or for the private gain of the city official. 3.9 No city official or their immediate family members shall acquire an interest in any contract, transactions, zoning decision, or other matter or property at a time when such official knew or had reason to believe that the decision would be effected by an official act or action of the city. 3.10 No city official shall ask or direct another official to take action or to fail to take action that violates this code. 3.11 City officials shall not use their position to solicit or accept employment for themselves or their immediate family members with a person or business entity that is seeking a decision on the exercise of discretionary authority from such official, or the board, commission or agency of which such official is a member. 3.12 City officials shall disclose any interest in an entity or in real property in accordance with this code, state law, or other City code or charter provisions. 3.13 City officials shall disclose any interest in an effected entity or in effected Ordinance 0-02-1382 Page 4 of 8 real property held by them or their immediate family members if the official participates in discussion with or gives an official opinion or recommendation to the city council or any city board, commission or agency concerning the effected entity or effected real property. 3.14 It shall not be a violation of this code for a city official or their immediate family members to contract with the city if the contract is awarded through a process of public notice and competitive bidding, if such notice and competitive bidding are required by state law; and the contract is with a division or agency over which the official had no functions requiring the exercise of discretion. Disclosures 4. Any city official, who becomes aware that a decision or exercise of discretionary authority by the person would constitute a violation of the ethical standards of conduct adopted in this code or by whom this code requires disclosure, shall promptly file with the City Secretary a written statement of the conflict or make the disclosure by completing the form established by the City Manager from time to time for reporting such conflicts or disclosures. Establishment of Ethics Commission 5.1 The Colleyville Ethics Commission is hereby established. The Commission shall consist of six (6) members. 5.2 Members to the Colleyville Ethics Commission shall be appointed by nomination and confirmation. Each member of the City Council, including the Mayor, shall have the right to appoint one member to the Colleyville Ethics Commission. Beginning with Place 1, a name will be placed in nomination for the Colleyville Ethics Commission by the City Councilmember holding the Place 1 office. After nomination, the person nominated must be confirmed by the City Council by simple majority. If the name placed in nomination is not confirmed, then the process shall be repeated until Place 1 has nominated a person who is confirmed by the City Council. Upon confirmation by the City Council, of a nominee by Place 1, the process will be repeated for Places 2 through 5 and concluding with the Mayor. 5.3 The term of office of the members of the Ethics Commission shall run concurrently with the elective term of office of the member of the City Council which nominated them, regardless of whether or not the member of City Council who nominated them completes their term of office. All members of the Ethics Commission shall be residents of the City of Colleyville, current in payment of local taxes, and not a party to litigation involving an adverse interest to the city. 5.4 Any member of the Ethics Commission may be removed with or without cause by majority vote of the City Council. Upon removal or resignation by a member, the replacement of the member shall be based upon nomination by the council place which originally nominated the member and by confirmation by the City Council using the same procedures set forth in section 5.2. Ordinance 0-02-1382 Page 5 of 8 5.5 The Colleyville Ethics Commission will meet annually to review the City Ethics Policy. The City Manager or Chairperson shall call additional meetings of the Ethics Commission as required. 5.6 The Commission shall have the authority to investigate complaints and recommend sanctions. 5.7 Four members of the Colleyville Ethics Commission shall constitute a quorum. 5.8 Ex parte communications by or to members of the Commission shall be prohibited. It shall be a violation of this code for the complainant, the respondent, or any person acting on their behalf, to engage, attempt to engage, directly or indirectly, in any ex parte communication about the subject matter of a complaint with a member of the Commission. It shall be a violation of this code for a member of the Commission to knowingly entertain an ex parte communication, directly or indirectly, with any person, other than another Commission member, city staff, or legal counsel, about any issue of fact or law relating to the complaint. It shall not be a violation for a member of the Commission to communicate with the complainant, respondent, or any person acting on their behalf; provided such communication is at the request and direction of the Commission. Legal Opinions 6.1 Any individual whose conduct is governed by this code shall have the right to request from the City Attorney a legal opinion as to the application or effect of this code upon any actual situation involving the requestor; provided said opinion must be requested prior to the filing of any complaint arising out of the situation. Speculative or advisory opinions shall not be requested. A request for a legal opinion shall be filed with the City Secretary. 6.2 Upon filing of a request for a legal opinion with the City Secretary the matter shall be referred to the City Attorney. The City Attorney shall render a legal opinion within 15 working days of the date of the request. In preparing the legal opinion, the requestor shall respond to request for information from the City Attorney's office concerning the matter. In the event the requestor fails to respond the City Attorney may refrain from issuing a legal opinion. 6.3 A legal opinion shall be binding upon the individual requesting same until amended or revoked. In the event a complaint is filed concerning the matter in which the legal opinion was rendered, the opinion shall be binding upon the City except to the extent the opinion was issued in bad faith or based upon material misrepresentations or omissions by the requestor. Filing and Disposition of Complaints 7.1 AnY person may file a complaint with the city Secretary alleging a violation of this code by any city official. A complaint must state (1) the identity of the person or persons who allegedly committed the violation; (2) a statement of facts upon which the Ordinance 0-02-1382 Page 6 of 8 complaint is based; (3) the specific section(s) of the code alleged to have been violated; (4) that the complaining party has personal knowledge of the acts; (5) all potential witnesses or persons with knowledge; and (6) all other sources of evidence, if any, that the complainant desires to be considered by the Commission. In addition, the complaint must be given under oath. The complaint shall be made on such form as the City Manager may from time to time designate. A complaint must be filed within three years of the date of occurrence of the incident, or within 90 days of the discovery by the complainant of the incident, whichever is sooner. 7.2 The complaint shall be filed with the City Secretary. Upon filing of a complaint in the form required by the code, the- Collevville Police Department will deliver City Socretary shall forward a copy- of the complaint to the City Attorney, the City Manager, the Chairperson of the Commission, and the respondent. The complaint shall be forwarded within three (3) working days of filing. The respondent shall have the opportunity to submit a sworn statement, together with such other information deemed to be relevant to the proceedings within ten (10) days of receiving the complaint, unless an extension of time is granted by the Chairperson. 7.3 Upon receipt of a complaint, the City Manager shall convene a meeting of the Ethics Commission no later than thirty (30) days after the deadline for any response by the respondent. (a) At the initial meeting the Commission shall conduct a preliminary review of the complaint by reviewing the written documentation submitted by the complainant and the respondent. Upon completing the preliminary review the Commission may summarily dismiss the complaint if it determines that just cause does not exist or if the Commission determines the complaint is defective, untimely or the allegations in the complaint fail to state a violation of the code. If the complaint is dismissed, the Colleyville Police Department will deliver written notice of the decision within ten (10) days of the decision to dismiss the complaint, to both the complainant and the respondent. The written notification shall identify specifically the reasons for the dismissal. (b) If at least two members of the Commission determines just cause exists and that the complaint is in proper form, timely and adequately alleges a violation of the code, the Commission shall set a time for the complaint to be heard and an evidentiary hearing held. (c) The Colleyville Police Department will deliver notice to the complainant and the respondent of the evidentiary hearinq not less than thirty (30) days before the date of the hearing. The complaint shall be heard within 45 days of the date of the preliminary review decision. The Commission may continue a hearing date if necessary to promote justice. d. The affirmative vote of a majority of the membership present at any evidentiary hearing shall be necessary to make any finding or recommendation that a violation has occurred. Ordinance 0-02-1382 Page 7 of 8 e. At the hearing, the Commission shall receive evidence from the complainant and the respondent. The Commission may request information for the City Manager or the City staff. A finding that a violation occurred must be supported by clear and convincing evidence. f. After the conclusion of the evidentiary hearing, the Commission shall state its findings in writing. The written decision must either: 1) dismiss the complaint, setting forth the grounds for dismissal in the decision; or 2) find there has been a violation of the code. If a violation of the code is found, the written decision shall identify the particular provision or provisions which have been violated, and state the conduct forming the basis of any such violations. 7.4 If the Commission determines a violation has occurred, copies of the findings and decision shall be sent to the complainant, the respondent, the City Attorney and the City Secretary by delivery of the Colleyville Police Department. The City Secretary may make the findings and decision available to the public as provided by law. 7.5 If a complaint is dismissed after the hearing because the evidence fails to establish a violation of this code, the Commission shall not hear any other similar complaint based upon substantially the same evidence. 7.6 If the Commission determines the code had been violated it shall recommend as sanction or penalty in the event a violation is found, as follows: (a) If the violator is the City Manager or an appointee of the Council, the recommendation shall be directed to the City Council, and the City Council shall have authority to determine the propriety and extent of the sanction or penalty. (b) In the event the violator is an elected city official, the matter shall be placed on the agenda for the next regularly scheduled City Council meeting, and the City Council shall either accept, reject or modify the recommended sanction or penalty. Range of Sanctions and Penalties 8. Upon the finding of a violation of the code, the following sanctions and penalties shall be recommended: (a) When the violation is clearly minor and unintentional a letter of notification shall be issued describing the violation and informing the party of appropriate actions to be taken to avoid future violations. (b) When a violation is minor and mayor may not have been intentional, and the violation calls for a more substantial response then a letter of notification, then a letter of admonition shall be issued. Ordinance 0-02-1382 Page 8 of 8 (c) When the Ethics Commission find a violation has been committed either intentionally or through disregard of the code or a legal opinion issued by the City Attorney a letter of reprimand shall be issued. (d) If the Ethics Commission finds that a serious or repeated violation of the code has been committed by the City Manager or an appointee of the Council, either intentionally or through reckless disregard of the code, a recommendation of removal or suspension shall be made. Recommendations of suspension shall include a suggested length of suspension. (e) If the Ethics Commission finds a serious or repeated violation of the code has been committed by an elected official, either intentionally or through reckless disregard of the code, a recommendation to call for the resignation of the elected official shall be made." Request for Information 9. The disclosure of any information regarding an alleged violation of this code shall be in accordance with the Public Information Act and Open Meetings Act. AND SO IT IS ORDERED. The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the of 2003. day ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney CITY COUNCIL CC@m<e ''''X~S AGENDA BRIEFING MEETING DATE: 02/18/03 CITY MANAGER I ~ ITEM # : 11 DEPARTMENT HEAD{ ~ REPORT # : FINANCE REVIEW i N/A Previous Action: None DEPARTMENT: FINANCE SUBJECT: Monthly Financial Report - January 2003 General Fund The percentage of current year taxes collected is slightly behind January 2002 collections, but the majority of taxes were paid the last two working days of the month and the money was transferred from the tax office in early February. Sales tax revenue received in January was down ($12,691/12.87%). Sixteen residential permits were issued in January; an increase of twelve over those issued in January 2002. On a year-to-date basis, residential permits are up by twenty-one. Municipal Court revenues are now almost even with prior year revenues. The average amount expended by the departments at the end of January is 28.8%, Utilitv Fund Water usage is slightly below prior year usage, due to significant rainfall in late November and December. Building related revenues are up slightly and penalties are up. Sewer-tie on charges are down, because most of the customers to whom sewer was extended through Project C Phases I and II paid their tie-on fees in early Fiscal Year 2002. The average amount expended by the Utility Fund at the end of January is 29.1 %. MONTHLY FINANCIAL REPORT - JANUARY 2003 Current Taxes Delinquent Taxes Penalty & Interest $6,197,339 39,500 36,000 . ....................................................................... .................................................... mqf:AWApg@;9RgMT~g$:..... ..:i{.............i~;~?@,~~! $5,290,149 36,860 10,175 $5,298,725 13,167 8,500 $4,715,761 25,189 8,469 12,18% 46.33% 20.14% ....;...................................'.....'................,.......... .............................0................... ..........i...i...~8;@?..m~g TXU Electric $687,600 $66,143 $66,143 $0 100,00% Tri-County Electric 40,000 0 0 0 0.00% TXU Gas 180,000 0 0 0 0.00% Southwestern Bell 110,630 26,605 27,658 32,530 -18,21% Verizon/Others 47,672 14,141 11,918 10,351 36.61% Refuse/Recycling 85,000 24,548 17,708 25,997 -5.57% Cable TV 105,000 28,009 26,250 79,910 -64.95% .......................................,................,..................... .................................................. mq[A~FfmN@ftilg[~g~.U............HU ).U..........................:.:....~i;~~i~~...: Sales Tax Mixed Beverage Tax $1,576,453 30,500 $383,567 15,679 Building Plumbing Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits $485,000 105,000 63,000 37,000 110,000 2,000 1,965 7,500 5,700 2,650 $176,606 32,293 19,812 14,975 42,998 901 224 1,595 1,475 2,900 $407,414 15,250 $404,615 13,376 -5.20% 17.22% ........................-............ . ........... .....-..-.............. .ii.~gg;~$.i... $161,667 26,250 15,750 9,250 27,500 500 491 1,875 1,425 663 $120,167 32,256 15,888 14,793 48,494 o 1,028 2,928 2,200 725 ............. ................................................ .................................... .................................... ....... . ................ .mQ[A4:RjpgN$~$:~BgRM!]$nJ...Jin$~j~,~~:~t ...J$~~&;77~Ut:H.:i?4~;~7Q H:.:..t.:........$,?~~M~Z~i Fines False Alarms $555,000 7,750 $139,685 2,200 $173,438 2,583 $143,691 1,900 46,97% 0.11% 24.70% 1.23% -11.33% 100.00% -78,21% -45,53% -32,95% 300.00% -2.79% 15.79% MONTHLY FINANCIAL REPORT - JANUARY 2003 Re-zoning Plat Fee/Site Plan Board of Adjustment Sale of Material Weed Mowing Animal Impoundment Ambulance Recreation Program Non-Resident Fee Parks Field Use Charge Engineering & Inspection Chgs & Reimbursements Community Center Rental Lot Drainage Insp Fee $16,000 16,000 1,000 3,000 2,000 3,795 88,050 181,025 22,100 20,000 95,000 13,000 165,000 20,000 ..............................................................-......................... ......... ............................ ..mg1'$4'QHfiqffl$P9R$$RY!@$Y.Y..,..., ........................'..'.......~i~i~!P.... DARE Officer Reimb $67,004 $4,525 3,642 625 572 200 970 20,758 16,576 7,210 9,595 13,288 330 44,383 6,125 $0 $5,333 5,333 333 1,000 667 1,265 29,350 17,000 11,050 10,000 23,750 3,250 55,000 6,667 $1,180 5,019 425 1,029 650 993 18,569 15,821 8,130 9,225 142,435 20,520 54,264 3,375 283.4 7% -27.44% 47.06% -44.41% -69.23% -2.32% 11 .79% 4.77% -11.32% 4,01% -90.67% -98.39% -18.21% 81.48% ................. .................... I$1~~;~~~ $0 o $0 o $0 $0 0,00% ................................................................................. ............................................ mpT.$4,!NrgR@QY$RNMfflNW#Jk..U....... H..'......)............................~~t;g@(.. Sale of Surplus Property $10,000 $8,691 $10,000 $0 0.00% Interest Income 276,000 59,624 55,000 27,538 116,52% Miscellaneous 21,500 21,267 13,000 20,181 5.38% Use of Fund Balance 60,000 0 0 0 0.00% Celebrate Colleyville Contributions 15,000 3,300 15,000 11,715 -71.83% Tower Rental 55,508 19,718 24,000 25,190 -21,72% ...........................................................-.....,.. ............,...........,....'.....'..,..'..,..'.................'....................,.................,........'......... mp!.#.wMi$qffl4!@iggQ$~4;miQQ$.. Transfer from Utility Fd Transfer from Capital Projects $475,060 $66,658 $0 o 0.00% 0,00% ..... ..............................,........................................... .....,...............,............................. .... ..,..,........,............ .............,.............................. ........................................... ..... ......................... $pm#.l,;GgNgRA~J!'QNpRgygNQij$ .....................~~.@;~~P;~~~. ..IH~~i~'t~)~~~ ...I$~;~91;1g~.......... .@~;9~~;I'tH.H..HH..........&@~if.~ MONTHLY FINANCIAL REPORT - JANUARY 2003 TOTAL PERCENT FY 2003 THROUGH THROUGH INCREASE INCREASE BUDGET 1/31/03 1/31/02 (DECREASE) (DECREASE) % OF CURRENT T M ROLL COLLECTED 98.8% 92,98% 93.13% -0.15% -0.16% RESIDENTIAL BLDG PERMITS 150 41 20 21 105.00% COMMERCIAL BLDG PERMITS 10 7 9 (2) -22.22% PLUMBING PERMITS 900 323 350 (27) -7.71% ELECTRICAL PERMITS 400 143 123 20 16.26% CITATIONS ISSUED 9,600 2,859 2,650 209 7,89% CITATIONS APPEALED 132 83 38 45 118.42% City Council and Secretary City Manager Finance Legal Engineering Building Inspection Community Development Fire Police Parks Recreation Library Marketing Community Center Streets & Drainage Municipal Court Fleet Maintenance Performance $264,422 567,258 426,960 80,000 571,866 302,316 487,310 2,765,303 2,972,425 1,138,241 341,653 216,723 129,647 328,860 1,048,949 236,682 183,484 148,500 $79,858 160,705 150,920 17,736 155,795 80,568 134,523 919,829 965,811 247,515 65,861 1,131 47,174 101,468 265,401 56,225 60,060 o $79,849 160,765 151,465 20,000 155,191 81,668 137,069 920,846 963,327 245,257 68,846 1,500 47,940 102,017 266,638 57,196 61,008 o ..,-,........'...'.........-.....-.....-.-...-.-...,...,........-.-. {:$?)$?'9;$~?. 30,2% 28,3% 35,3% 22.2% 27.2% 26,7% 27.6% 33.3% 32.5% 21.7% 19.3% 0,5% 36.4% 30,9% 25.3% 23,8% 32.7% 0.0% $184,564 406,553 276,040 62,264 416,071 221,748 352,787 1,845,474 2,006,614 890,726 275,792 215,592 82,473 227,392 783,548 180,457 123,424 148,500 ...........,.-..-...""'...., ...-.-.-.-.-................................. ..................................... ......~il'..:,;y^O....B....9........ ............~ky..:h4:). MONTHLY FINANCIAL REPORT - JANUARY 2003 Water Sales $6,624,803 $1,605,795 $1,380,167 $1,666,141 -3.62% Sewer Sales 1,918,297 650,783 479,574 548,116 18.73% Sewer Installation 15,000 4,800 3,750 2,900 65.52% Water Installation 42,000 11 ,980 10,500 9,130 31.22% Sewer Tie-on Charges 10,000 6,888 2,500 44,554 -84.54% Engineering Charges 35,000 4,488 8,750 69,822 -93.57% Penalties 163,603 54,906 40,901 47,338 15.99% Miscellaneous 9,200 3,573 2,300 5,086 -29.75% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 1/31/03 1/31/02 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 511,903,900 530,542,400 (18,638,500) -3.51 % NUMBER OF WATER CUSTOMERS 7,675 7,517 158 2,10% Administration $188,094 $60,129 $60,237 31,97% $127,965 Billing 235,456 65,435 66,369 27.79% 170,021 Operations 6,143,465 1,365,282 1,361,447 22.22% 4,778,183 Debt Service 1,096,294 884,231 884,231 80.66% 212,063 Performance Pay 22,988 0 0 0.00% 22,988 Transfer to General Fund 475,060 0 0 0.00% 475,060 CITY COUNCIL ro~~ ~\CI "C'X<7':i AGENDA BRIEFING MEETING DATE: ITEM # : REPORT # : 02/18/03 11 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: FINANCE SUBJECT: Monthly Financial Report - January 2003 General Fund The percentage of current year taxes collected is slightly behind January 2002 collections, but the majority of taxes were paid the last two working days of the month and the money was transferred from the tax office in early February. Sales tax revenue received in January was down ($12,691/12.87%). Sixteen residential permits were issued in January; an increase of twelve over those issued in January 2002. On a year-to-date basis, residential permits are up by twenty-one. Municipal Court revenues are now almost even with prior year revenues. The average amount expended by the departments at the end of January is 28.8%. Utility Fund Water usage is slightly below prior year usage, due to significant rainfall in late November and December. Building related revenues are up slightly and penalties are up. Sewer-tie on charges are down, because most of the customers to whom sewer was extended through Project C Phases I and II paid their tie-on fees in early Fiscal Year 2002. The average amount expended by the Utility Fund at the end of January is 29.1 %. MONTHLY FINANCIAL REPORT - JANUARY 2003 PERCENT CHANGE Current Taxes Delinquent Taxes Penalty & Interest $6,197,339 39,500 36,000 $5,290,149 36,860 10,175 $5,298,725 13,167 8,500 $4,715,761 25,189 8,469 12.18% 46,33% 20.14% ........................,-.._--.-..-,.. ----..,........."..-.. ................................._-.-..-............-.,",' .........-'-.......,.,.....,..'........-........'.'......,........ ..... ...........,.....-..,......-... 'rO'fAgAo\!Al...PReMTAXes:>' ....... '. .$f.i.2:~.839( ....>$~.$~t.1~' <$$+~~9;~$2 12.38% TXU Electric $687,600 $66,143 $66,143 $0 100.00% Tri-County Electric 40,000 0 0 0 0,00% TXU Gas 180,000 0 0 0 0.00% Southwestern Bell 110,630 26,605 27,658 32,530 -18.21% Verizon/Others 47,672 14,141 11,918 10,351 36,61% Refuse/Recycling 85,000 24,548 17,708 25,997 -5,57% Cable TV 105,000 28,009 26,250 79,910 -64.95% ..............-........,..,...................................... ......,................................................. .................................. 1'QTAg~NQHIs:gTA*g$)............ ...................(...............{:~,;~;~. ..:........iU.........~1~;~@. Sales Tax Mixed Beverage Tax $1,576,453 30,500 $383,567 15,679 $407,414 15,250 $404,615 13,376 -5.20% 17.22% Building $485,000 $176,606 $161,667 $120,167 46,97% Plumbing 105,000 32,293 26,250 32,256 0.11% Electrical 63,000 19,812 15,750 15,888 24.70% City License 37,000 14,975 9,250 14,793 1,23% Building Plan Review Fee 110,000 42,998 27,500 48,494 -11.33% New Business 2,000 901 500 0 100,00% Animal 1,965 224 491 1,028 -78.21% Sign Permit 7,500 1,595 1,875 2,928 -45.53% Fence Permit 5,700 1,475 1 ,425 2,200 -32.95% Fire Permits 2,650 2,900 663 725 300,00% . '.,- -,."",. ."......."."",.."... ,,,.,,,... TOTALLlCENSE$ & PERMITS ..... . ..... ... ..... · .$819;815. Fines False Alarms $555,000 7,750 $139,685 2,200 -2,79% 15.79% TOTAL FINES MONTHLY FINANCIAL REPORT - JANUARY 2003 PERCENT CHANGE Re-zoning $16,000 $4,525 $5,333 $1 ,180 283.47% Plat Fee/Site Plan 16,000 3,642 5,333 5,019 -27.44% Board of Adjustment 1,000 625 333 425 47,06% Sale of Material 3,000 572 1,000 1,029 -44.41% Weed Mowing 2,000 200 667 650 -69.23% Animal Impoundment 3,795 970 1,265 993 -2,32% Ambulance 88,050 20,758 29,350 18,569 11 .79% Recreation Program 181,025 16,576 17,000 15,821 4,77% Non-Resident Fee Parks 22,100 7,210 11,050 8,130 -11,32% Field Use Charge 20,000 9,595 10,000 9,225 4,01% Engineering & Inspection 95,000 13,288 23,750 142,435 -90,67% Chgs & Reimbursements 13,000 330 3,250 20,520 -98,39% Community Center Rental 165,000 44,383 55,000 54,264 -18,21% Lot Drainage Insp Fee 20,000 6,125 6,667 3,375 81 .48 % ."...."...._-..-..... ...-.-..".".....--..................-............ ....................-.....,....................... 'tb'l)\4pm~@g$f9~~gRVjgg..... ....i...f.Ui......H$~~;ijm DARE Officer Reimb $67,004 $0 $0 0.00% ............................."...................................................,.. ..-........-............................. rOrA@INtERGOVERNMgrsftA,ti<.... . .$67;094\ Sale of Surplus Property $10,000 $8,691 $10,000 $0 0.00% Interest Income 276,000 59,624 55,000 27,538 116,52% Miscellaneous 21,500 21,267 13,000 20,181 5,38% Use of Fund Balance 60,000 0 0 0 0.00% Celebrate Colleyville Contributions 15,000 3,300 15,000 11,715 -71.83% Tower Rental 55,508 19,718 24,000 25,190 -21.72% Transfer from Utility Fd Transfer from Capital Projects $475,060 $66,658 $0 o $0 o $0 o 0.00% 0.00% TC1TAI.QENERt'-l.fUND..RSVE;Nuij$ .................................$t2,21(),~....... .. .........$~,5.,~,S~~.. ......................~~;~Q1;1?~ ......(.......................$.t),Pl?~;.5f!...H. .U.......................f~;$$wll.. MONTHL Y FINANCIAL REPORT - JANUARY 2003 TOTAL PERCENT FY 2003 THROUGH THROUGH INCREASE INCREASE BUDGET 1/31/03 1/31/02 (DECREASE) (DECREASE) % OF CURRENT TAX ROLL COLLECTED 98.8% 92.98% 93,13% -0,15% -0.16% RESIDENTIAL BLDG PERMITS 150 41 20 21 105.00% COMMERCIAL BLDG PERMITS 10 7 9 (2) -22.22% PLUMBING PERMITS 900 323 350 (27) -7,71% ELECTRICAL PERMITS 400 143 123 20 16.26% CITATIONS ISSUED 9,600 2,859 2,650 209 7,89% CITATIONS APPEALED 132 83 38 45 118.42% City Council and Secretary City Manager Finance Legal Engineering Building Inspection Community Development Fire Police Parks Recreation Library Marketing Community Center Streets & Drainage Municipal Court Fleet Maintenance Performance Pay $264,422 567,258 426,960 80,000 571,866 302,316 487.310 2,765,303 2,972,425 1.138,241 341,653 216,723 129,647 328,860 1,048,949 236,682 183,484 148,500 $79,858 160,705 150,920 17,736 155,795 80.568 134.523 919,829 965,811 247.515 65,861 1,131 47,174 101,468 265,401 56,225 60,060 o . .$3.51p,$e(f . $79.849 160,765 151,465 20,000 155,191 81,668 137,069 920,846 963,327 245,257 68,846 1,500 47,940 102,017 266,638 57,196 61,008 o ...',....,...,.".,......-............... .................$~f5?Q;$$Z.. 30.2% 28.3% 35.3% 22.2% 27.2% 26.7% 27.6% 33,3% 32,5% 21.7% 19.3% 0.5% 36.4% 30.9% 25,3% 23,8% 32,7% 0,0% $184,564 406,553 276,040 62,264 416,071 221,748 352,787 1,845,474 2,006,614 890,726 275,792 215,592 82,473 227,392 783,548 180,457 123,424 148,500 ..................-...,..........,. )..............$&/100.P1$.... .-...,........-.-............ MONTHLY FINANCIAL REPORT - JANUARY 2003 Water Sales Sewer Sales Sewer Installation Water Installation Sewer Tie-on Charges Engineering Charges Penalties Miscellaneous $6,624,803 1,918,297 15,000 42,000 10,000 35,000 163,603 9,200 $1,605,795 650,783 4,800 11,980 6,888 4,488 54,906 3,573 $1,380,167 479,574 3,750 10,500 2,500 8,750 40,901 2,300 $1,666,141 548,116 2,900 9,130 44,554 69,822 47,338 5,086 . ..., ......................."...... .... .... .............,.........-............................-. .........-...........,.......~,. ........-.........................................-.-........-...,. .TPTA40peRA.hfij@..INQPME............ . ..........................i...Hn...i.....$$.~1i.~.... ...... ..........$g,34~,2ia ........{$1..~?~.#~~. ..... .........................$~,.39~,ri87.... Interest Income $350,000 'tQTAtiNdN~peRAl1Ns..tNqOME... $13,539 $13,000 $15,654 PERCENT CHANGE -3.62% 18,73% 65.52% 31.22% -84,54% -93.57% 15.99% -29,75% -13,51% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 1/31/03 1/31/02 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 511,903,900 530,542,400 (18,638,500) -3,51 % NUMBER OF WATER CUSTOMERS 7,675 7,517 158 2,10% Administration Billing Operations Debt Service Performance Pay Transfer to General Fund $188,094 235,456 6,143,465 1,096,294 22,988 475,060 TOTALEXPENSES $8,161,357.. $60,129 65,435 1,365,282 884,231 o o $2,375;077'. . $60,237 66,369 1,361,447 884,231 o o 31.97% 27.79% 22.22% 80.66% 0.00% 0.00% $127,965 170,021 4,778,183 212,063 22,988 475,060 .....---..."...-.-.........---......--.-......-..-.......,.,'.'..-.....'...,............--... '$2,~7'2,:!!8$<.. .... .....2~A{)%'?..rB$.*8tf. CITY COUNCIL CC~~'" AGENDA BRIEFING 'ex"':; REPORT: ! FINANCE REVIEW I Previous Action: None NIA MEETING DATE: I 02/18/03 CITY MANAGER I ITEM # : I 11 DEPARTMENT HEAD I DEPARTMENT: FINANCE SUBJECT: Quarterly Investment Report During the period October 1, 2002, through December 31, 2002, the City of Colleyville had an average of $38,688,071 invested on a daily basis, which earned $215,660 with an average yield of 2.21 %. The average yield on investments for this quarter is down .40% from the prior quarter's average yield of 2.61 %, due to the continued drop in interest rates. This average will continue to drop in the future, as many of the investments were purchased after the Fed's cut of 50 basis points in the discount rate during the prior quarter. The City had 99.7% of idle funds invested daily and the amount held in the depository account earned interest at an average of ,25%. As of December 31, 2002, the City had $36,732,170 invested in the LOGIC investment Pool and various debt instruments in the following percentages: LOGIC Investment Pool Treasury Notes FNMA Notes FHLB Bonds FNMA Discount Notes FHLB Notes FHLMC Notes FHLMC Discount Notes 30.38% 19.63% 18.63% 14.30% 7.71% 3.56% 3.11% 2.67% These percentages are within the guidelines for portfolio diversification in the City's investment policy. The market value of the City's investments at December 31,2002, was $25,717,157, as compared to a purchase price of $25,574,290 (this excludes LOGIC Investment Pool), The Colleyville Economic Development Corporation currently holds a Treasury Note ($1,205,552) with a market value of $1,209,360 and $3,337,708 was invested in the Corporation's name in the LOGIC investment pool. These funds earned interest of $26,730 for the quarter. Attached is the allocation of the City's investments and LOGIC Investment Pool by fund and investments held during the quarter and quarterly interest earnings by investment. Also attached is the quarterly investment information compiled by the LOGIC Investment Pool to meet investment legislation requirements. OUTSTANDING INVESTMENTS AT DECEMBER 31, 2002 PURCHASE PAR MARKET VALUE MATURITY YIELD ON PRICE VALUE @ 9130102 DATE INVESTMENT FNMA DISCOUNT $I,46B,558 $1,500,000 $1,497,800 1/10/03 2.267% TREASURY NOTE $1,286,328 $1,250,000 $1,282,946 1131/03 3.378% TREASURY NOTE $1,284,430 $1,244,000 $1,272,117 1131/03 2.100% TREASURY NOTE $1,114,931 $1,080,000 $1,104,410 1/31/03 2.112% TREASURY NOTE $1,336,137 $1,300,000 $1,326,670 2/28/03 2.350% FNMA DISCOUNT $1,364,446 $1,400,000 $1.396,640 317/03 2.739% rNMA NOTE $1,312,500 $1,250,000 $1,299.736 4/15/03 2.192% FHlB BOND $1,143,087 $1,100,000 $1.124,256 6/23/03 3.000% FHlMC DISCOUNT NOTE $982,168 $1,000,000 $993,500 6/30/03 1.850% FHLB NOTE $1,330,654 $1.300,000 $1,342,878 8115/03 1.736% FHLB BOND $1.673,197 $1,604,000 $1,673,461 8115/03 1.640% TREASURY NOTE $1.120,147 $1,100,000 $1,130,644 8131/03 1.400% FNMA NOTE $897,469 $900.000 $917,862 11/15/03 3.031% FNMA NOTE $997.188 $1,000,000 $1,019,846 11/15/03 3.031% FNMA NOTE $1,000,365 $1,000,000 $1,019,846 11/15/03 3.100ok FHLMC NOTE $1,143,829 $1,140,000 $1,161,119 12/15103 3030% TREASURY NOTE $1,068,293 $1,050,000 $1,071,000 12/31/03 1,614% FNMA NOTE $1 ,2Bl ,303 $1,250,000 $1,294,394 4/15104 2.040% FHLB NOTE $1,309,068 $1,280,000 $1,317,723 5/14104 2.082% FNMA NOTE $1,356,000 $1,330,000 $1,360,314 6/15/04 1.714% FHlB BOND $1,104,194 $1,100,000 $1,109,996 8/13/04 2.160% TOTAL OUTSTANDING INVESTMENTS $25,574,290 $25,178,000 $25.717,157 CITY OF COlLEYVILLE BAlANCES AT DECEMBER 31, 2002 INVESTMENT PURCHASES $25,574,290 LOGIC INVESTMENT POOL $11,157,880 TOTAL CITY INVESTMENTS HELD AT DECEMBER 31, 2002 COlLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BALANCES AT DECEMBER 31, 2002 PURCHASE PAR MARKET VALUE MATURITY YIELD ON PRICE VALUE @ 12/31/02 DATE INVESTMENT TREASURY NOTE $1,205,552 $1,185,000 $1,209,360 2128103 3.429% COLLEYVILLE ECONOMIC DEVElOPMENT CORPORATION BALANCES AT DECEMBER 31, 2002 INVESTMENT PURCHASES $1,205,552 LOGIC INVESTMENT POOL $3,337.708 TOTAL CEDC INVESTMENTS HELD AT DECEMBER 31. 2002 OTAl INVeSTMENTS HElD BY CITY OF COLLEYVILLE ANO COLlEYVlllE ECONOMIC DEVELOPMENT CORP AT DECEMBER 31, 2002 $41,275,430 INTEREST EARNINGS ON CITY OF COllEYVILLE INVESTMENTS OCTOBER 1 - DECEMBER 31, 2002 PURCHASE PAR MATURITY YIELD ON INTEREST PRICE VALUE DATE INVESTMENT EARNED FHlB NOTE $1,067,224 $1,040,000 10/15/02 4.400% $1,801 TREASURY NOTE $1,130,092 $1,105,000 10/31/02 4.080% $3,790 FHLB NOTE $1,391,248 $1,350,000 11115/02 3.950% $6,625 TREASURY NOTE $1,052,472 $1,030,000 11/30/02 4.150% $7,180 FNMA DISCOUNT $1,468,558 $1,500,000 1/10/03 2.267% $8,391 TREASURY NOTE $1,286,328 $1,250,000 1/31/03 3.378% $10,952 TREASURY NOTE $1,284,430 $1,244,000 1/31/03 2.100% $6,799 TREASURY NOTE $1,114,931 $1,080,000 1/31/03 2.112% $6,935 TREASURY NOTE $1,336,137 S1,300,000 2/28/03 2.350% $7,914 FNMA DISCOUNT $1,364,445 S1,400,000 3/7/03 2.739% $9,420 FNMA NOTE $1,312,500 $1,250,000 4/15/03 2.192% $7,252 FHLB BOND $1,143,087 S1,100,000 6/23/03 3.000% $8,644 FHLMC DISCOUNT NOTE $982,168 S1,000,000 6/30/03 1.850% $4,580 FHlB NOTE S1,280.000 $1,280,000 8f7103 2.780% $8,969 FHLMC NOTE S1,156,818 $1,140,000 8/15/03 1.736% $5,062 FHLB BOND .. $1,254,063 $1,250,000 10/17/03 2.700% $1,484 FHLB DISCOUNT NOTE S681,794 S700,000 11/15/03 3.031% S5,208 FHLB DISCOUNT NOTE $1,164,991 $1.194,000 11/15/03 3031% S8,899 FHlB NOTE S1,000,250 $1.000,000 11/15/03 3.100% S7,816 FHlMC NOTE $1.156,818 $1.140,000 12/15/03 3 030% S8,835 FHlMC NOTE .. $1,100,000 $1,100,000 1/16/04 2.940% S1,329 FHlB NOTE $1,309,068 $1,280,000 5/14/04 2.060% S6,797 FHLB BOND $1,673,197 $1,604,000 8/15/03 1.640% $5,789 FHlB BOND S1,104,194 $1.100,000 8/13/04 2.160% $4,966 FHLB NOTE $1,309,068 $1.280,000 5/14/04 2.062% $5,547 TREASURY NOTE $1.120,147 $1,100,000 8/31/03 1.400% $2,621 FNMA NOTE $1,356,000 $1,330,000 6/15/04 1.714% $2,865 TREASURY NOTE $1,068,293 $1,050,000 12/31/03 1.614% S1,464 TOTAL INTEREST EARNED ON CITY INVESTMENTS HELD 10-1-02 THROUGH 12-31-02 $166,934 .. 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"', ;;; ~ z ~ z '" Si 0" '" "', ;;; o o o 0" g, ;;; .. "' CD 0" ::1, ;;; M ~ <0 ~ <0 o z a III ~ :I: U. " z ~ z ;;; .. ri "'. ;;; .... '" ri "', ;;; ~ z ~ z o o o .. o CD, ;;; .... '" ..; :;;, ;;; '" o "' <0 N ~ 5! o z a III ~ :I: u. " z " z :li '" g ;;; if, .. o ;;; <: Z ~ z o o o 0" S!, ;;; .. '" .. 0, ;;; .. ~ '" N e ~ 5! o z a III III ..J :I: U. " z ~ z .. '" '" .. '" '" ;;; M o M '" N ;;; ~ z ~ z o o o g '" ;;; '" o "', ~ ;;; .. ~ .. N ~ 5! UJ f- a z <: ~ z u. ~ z ~ z .. .. '" 0" M ;;; .... .. ~ ;;; " z " z o o o 0" o ;;; .... .. 0" N ;;; '" o '" '" ~ UJ f- a z >- '" ::> ~ '" f- ~ z ~ z .. M 0" '" "', ;;; o o o .0 ~, ;;; " z " z o o o 0" ::1, ;;; co co o ~ ;;; ;g "' ii5 N ~ UJ f- a z <: ~ z u. ~ z '" .... .... '" .. ~ z o .. 8 o. ;::. 0_ ;;; <0 "' ,.: ;::. ~ '" '" N ~ ;;; N o '" ~ ~ ~ z o o o ~ '" .0 .. ~ z "' '" "' :of ~ .. g o 0" "' 0, ;;; '" '" N <<i :g, ;;; M e ~ N ~ ;1 f- Z UJ ~ f- (J) UJ > i::: z a ..J ..J <: II ~ ~ UJ f- a z >- '" ::> ~ '" f- (J) <i! f- a f- OUTSTANDING INVESTMENTS AT 12-31-02 ACCOUNT ALLOCATION OF INVESTMENT INVESTMENT GIL TOTAl 001-1172 GENERAL FUND OPERATING $6,669,921.96 002-1166 UTILITY DEBT SERVICE RESERVE $851,799.77 002-1169 98 REVENUE BONDS $588,888.15 002-1172 UTILITY FUND OPERATING 57,111,099.70 002-1174 WATER IMPACT FEE $1,640,392.18 002-1178 CUSTOMER DEPOSITS $327,39500 003-1173 SERVICE AREA I - IMP FEES $1,168,227.08 003-1179 GLADE ROAD ESCROW $145,562.10 003-1180 BEDFORD BRIDGE ESCROW $30,857.27 003-1182 PLEASANT RUN LAUREL OAKS $52,076.15 003-1186 HIGHLAND MEADOWS III ESCROW $29,675.13 003-1192 MCDONWELL WOODS EST ESCROW $8,98893 003-1200 LONGWOOD-PARKING ESCROW $11,927.70 003.1203 SERVICE AREA II - IMP FEES $368,531.38 003-1204 BEDFORD LAKES/SOMERSET 5203,232.60 003-1209 PECAN PARK II DRAINAGE ESCROW $3,207.34 003-1212 GLADE RD/PLEAS RUN CHURCH ESCROW $28,928.01 003-1216 BOGART/HIDDEN OAKS/SANDLIN $241,481.86 003-1217 CHURCH STREET CULVERT ESCROW $7,720.67 003-1228 PLEASANT RUN HARDAGE ESTATESIESC $40,182.18 003-1229 GLADE RD SUMMERBROOK $50,963.15 003-1231 LAKEWOOD ESCROW $22,684.54 003-1236 E. GLADE CRANBROOK ESCROW $105,008.22 003-1237 E. GLADE ASHMORE I ESCROW $46,833.55 003-1239 GLADE POINTS LANDSCAPE ESCROW $4,048.63 003.1247 GLADEIWAYSIDE ESCROW $37,815.56 003-1257 ASHMORE II A GLADE RD ESCROW $25,047.54 003-1263 ARBOR ESTATES III $44,034.71 003-1268 MILL CREEK! GLADE ESCROW $27,250.30 003-1271 ASHMORE 1111 GLADE ESCROW $57,690.75 003-1278 GLADE RD/ASHMORE liB ESCROW $32,083.78 003-1301 LAKEWOOD PH IV $68,532.94 003-1303 OAKBROOK HILLS $53,97753 003-1307 SPRING GARDEN $88,327.66 003-1312 TIMMARON PH 1 $64,817.76 003-1313 APPLEBEE'S $39,72717 003-1319 REMINGTON PARK $147,84381 003-1323 SHAll MAR $63,13908 003-1325 PECAN GARDENS $27,250.65 003-1326 WALGREENS $35,834.09 003-1330 REMINGTON PARK $68,207.11 003-1340 MONTERRA SIDEWALK $67,200.43 003-1357 CITGO/LD LOCKETT $51,171.04 003-1360 REMINGTON PARK PH III $70,951.21 003-1392 CLAIRMONT $100,359.48 004-1172 DEBT SERVICE FUND $511,273.76 005-1172 VOLUNTARY PARK FUND $423,207.67 011-1172 LIBRARY DONATIONS FUND $567,521.52 012-1172 PARK LAND DEDICATION FUND $966,334.38 017-1136 95 BONDS-DRAINAGE $218,375.12 017-1172 DRAINAGE FUND OPERATING $406,504.72 025-1162 CEDC 97 BONDS $1,185,00000 027-1164 CCCPD 99 BONDS $1,063,917.45 PER GENERAL LEDGER $26,272,828.47 PURCHASE PRICE $26,779,843.13 VALUE AT MATURITY $26,363,000.00 INTEREST RECEIVED AT MATURITY $672,032.23 OUTSTANDING INVESTMENTS AT 12-31-02 INVESTMENT FNMA TREASURY FNMA TREASURY NOTE NOTE NOTE NOTE DATE ACOLJIRED 17-0ct-02 31-0ct-02 15-Nov-02 30-Nov-02 MATURITY DATE 15-Apr-04 31-Aug-03 15-Jun-04 31-0ec-03 26 WEEK T-BILL AUCTION DISCOUNTIWEEK OF PURCHASE 1.630% 1.310% 1.225% 1.265% YIELD TO MATURITY 2.040% 1.400% 1.714% 1.614% ACCOUNT ALLOCATION OF INVESTMENT 001-1172 GENERAL FUND OPERATING 406,266.81 151,410.26 1,050,000.00 002-1166 UTILITY DEBT SERVICE RESERVE 134,590.64 342,179.20 002,1169 98 REVENUE BONDS 002-1172 UTILITY FUND OPERATING 817,398.67 548,30152 002-117' WATER IMPACT FEE 28,31301 002,1178 CUSTOMER DEPOSITS 003-1173 SERVICE AREA I -IMP FEES 57,588.06 003-1179 GlADE ROAD ESCROW 145,562.10 003-1180 BEDFORD BRIDGE ESCROW 30,857.27 003-1182 PLEASANT RUN LAUREL OAKS 52,076.15 003-1186 HIGHLAND MEADOWS III ESCROW 29,675.13 003-1192 MCDONWELL WOODS EST ESCROW 8,988.93 003-1200 LONGWOOD-PARKING ESCROW 003-1203 SERVICE AREA II - IMP FEES 003-1204 BEDFORD LAKES/SOMERSET 003-1209 PECAN PARK II DRAINAGE ESCROW 003-1212 GLADE RDIPLEAS RUN CHURCH ESCROW 28,928.01 003-1216 BOGART/HIDDEN OAKS/SANDlIN 003-1217 CHURCH STREET CULVERT ESCROW 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 40,182.18 003-1229 GLADE RD SUMMERBROOK 003-1231 LAKEWOOO ESCROW 22,684.54 003-1236 E. GLADE CRANBROOK ESCROW 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-1247 GLADEIWAYSIDE ESCROW 003-1257 ASHMORE II A GLADE RD ESCROW 003-1263 ARBOR ESTATES III 44.034.71 003-1268 MILL CREEK! GLADE ESCROW 003-1271 ASHMORE 111/ GLADE ESCROW 003-1278 GLADE RDIASHMORE liB ESCROW 003-1301 LAKEWOOD PH IV 003-1303 OAKBROOK HILLS 003-1307 SPRING GARDEN 003-1312 TIMMARON PH 1 003-1313 APPLEBEE'S 003,1319 REMINGTON PARK 003-1323 SHAlIMAR 003-1325 PECAN GARDENS 27,25065 003-1326 WALGREENS 35,634.09 003-1330 REMINGTON PARK 68,207.11 003-1340 MDNTERRA SIDEWALK 67,200.43 003-1357 CITGOILD LOCKETT 003-1360 REMINGTON PARK PH III 003-1392 CLAIRMONT 004-1172 DEBT SERVICE FUND 005-1172 VOLUNTARY PARK FUND 011-1172 LIBRARY DONATIONS FUND 10,346.45 52,395.33 38,458.59 012-1172 PARK LAND DEDICATION FUND 206,928.77 49,120.61 45,280.76 017-1136 95 BONDS-DRAINAGE 017-1172 DRAINAGE FUND OPERATING 151,305.51 38,834.51 025-1162 CEDC 97 BONDS 027-1164 CCCPD 99 BONDS PER GENERAL LEDGER $1,250,00000 $1.1 00,000.00 $1,330,000.00 $1,050,000.00 PURCHASE PRICE 1,281,302.50 $1,120,1'6.50 $1,356,000.00 $1,068,292.97 VALUE AT MATURITY 1,250,000.00 $1,100,000.00 $1,330,000.00 $1,050,00000 INTEREST RECEIVED AT MATURITY $38.749.58 513,009.23 $37,240.00 $18,521.21 OUTSTANDING INVESTMENTS AT 12-31-02 INVESTMENT TREASURY TREASURY TREASURY TREASURY FNMA TREASURY NOTE NOTE NOTE NOTE NOTE NOTE DATE ACQUIRED 31-Aug-01 31-Aug-01 31-0ct-01 31-0ct-01 08.Nov-01 30-Nov-Q1 MATURITY DATE 28-Feb-03 31-Jan-03 31-Jan-03 31-Jan-03 15-Apr-03 28-Feb-03 26 WEEK T-BILL AUCTION DISCOUNTNVEEK OF PURCHASE 3.390% 3.390% 2.005% 2.005% 1.820% 1.990% YIELD TO MATURITY 3.429% 3.378% 2.100% 2.112% 2.193% 2.350% ACCOUNT ALLOCATION OF INVESTMENT 001,1172 GENERAL FUND OPERATING 217.959.48 600.00000 298,73315 002-1166 UTILITY DEBT SERVICE RESERVE 13,761.17 34,182.02 002-1169 98 REVENUE BONDS 002-1172 UTILITY FUND OPERATING 76,79661 586,070.16 380,000.00 319,214.05 871,810.62 002-1174 WATER IMPACT FEE 163,554.10 002-1178 CUSTOMER DEPOSITS 16,894.41 32,016.51 003-1173 SERVICE AREA I ' IMP FEES 003-1179 GLADE ROAD ESCROW 003-1180 BEDFORD BRIDGE ESCROW 003-1182 PLEASANT RUN LAUREL OAKS 003-1186 HIGHLAND MEADOWS III ESCROW 003-1192 MCDONWElL WOODS EST ESCROW 003-1200 LONG WOOD-PARKING ESCROW 003-1203 SERVICE AREA II - IMP FEES 100,000.00 003-1204 BEDFORD LAKES/SOMERSET 003-1209 PECAN PARK II DRAINAGE ESCROW 003-1212 GLADE RD/PlEAS RUN CHURCH ESCROW 003-1216 BOGART/HIDDEN OAKS/SANDLIN 003-1217 CHURCH STREET CULVERT ESCROW 003-1228 PLEASANT RUN HARDAGE ESTATESIESC 003-1229 GLADE RD SUMMER BROOK 003-1231 LAKE WOOD ESCROW 003-1236 E. GLADE CRANBROOK ESCROW 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-1247 GLADENVAYSIDE ESCROW 003-1257 ASHMORE II A GLADE RD ESCROW 003-1263 ARBOR ESTATES III 003-1268 MILL CREEK! GLADE ESCROW 003-1271 ASHMORE III/ GLADE ESCROW 003-1278 GLADE RD/ASHMORE liB ESCROW 003-1301 LAKEWOOD PH IV 68,532.94 003-1303 OAKBROOK HILLS 53,977.53 003-1307 SPRING GARDEN 88,327.66 003-1312 TIMMARON PH 1 6',817.76 003-1313 APPLEBEE'S 39,727.17 003-1319 REMINGTON PARK 003-1323 SHALIMAR 63,139.08 003-1325 PECAN GARDENS 003-1326 WALGREENS 003-1330 REMINGTON PARK 003-1340 MONTERRA SIDEWALK 003-1357 CITGOILD LOCKETT 003,1360 REMINGTON PARK PH III 003-1392 CLAIRMONT 004-1172 DEBT SERVICE FUND 209,814.26 005-1172 VOLUNTARY PARK FUND 59,047.57 011-1172 LIBRARY DONATIONS FUND 98,819.27 012-1172 PARK LAND DEDICATION FUND 78.630.36 15,502.66 167,046.59 017-1136 95 BONDS-DRAINAGE 218,375.12 017,1172 DRAINAGE FUND OPERATING 123,332.30 025-1162 CEDC 97 BONDS 1,185,000.00 027-1164 CCCPD 99 BONDS 1,063,917.45 PER GENERAL LEDGER $1,185,000.00 $1,250,000.00 $1.244,000.00 $1,080,000.00 $1,250,000.00 $1,300,000.00 PURCHASE PRICE $1,205,552.34 $1,286,328.13 $1,284,430.00 $1,114,93125 $1,312,500.00 $1,336,137.40 VALUE AT MATURITY $1,185,000.00 $1,250,000.00 $1,244,000.00 $1,080,000.00 $1,250,00000 $1,300,000.00 INTEREST RECEIVED AT MATURITY $61,657.03 $55,27626 $33,432.50 $29,193.75 $40,720.49 $38,935.80 OUTSTANDING INVESTMENTS AT 12-31-02 INVESTMENT FHLB FNMA FNMA FNMA FNMA FNMA NOTE DISCOUNT DISCOUNT NOTE NOTE NOTE DATE ACOUIRED 28-Dec~01 D1-Feb-02 27-Mar-02 11-Apr-02 11-Apr-02 26-Apr-02 MATURITY DATE 23-Jun-03 10-Jan-03 07-Mar-03 15~Nov-03 1S.Nov-03 15-Nov-03 26 WEEK T-BILL AUCTION DISCOUNTNVEEK OF PURCHASE 1.800% 1.656% 1.770% 1.975% 1.975% 1.880% YIELD TO MATURITY 3.000% 2.267% 2.739% 3.306% 3.306% 3.100% ACCOUNT ALLOCATION OF INVESTMENT 001-1172 GENERAL FUND OPERATING 418,437.06 95,090.94 1,000,000.00 002-1166 UTILITY DEBT SERVICE RESERVE 296,502.00 002-1169 98 REVENUE BONDS 588,886.15 002-1172 UTILITY FUND OPERATING 1,100,000.00 797,938.16 42,604.86 394,137.55 002-1174 WATER IMPACT FEE 193,235.45 500,096.63 002-1178 CUSTOMER DEPOSITS 232,858.19 45,62589 003-1173 SERVICE AREA I - IMP FEES 180,88272 003-1179 GLADE ROAD ESCROW 003-1180 BEDFORD BRIDGE ESCROW 003-1182 PLEASANT RUN LAUREL OAKS 003-1186 HIGHLAND MEADOWS III ESCROW 003-1192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 003-1203 SERVICE AREA II-IMP FEES 003-1204 BEDFORD LAKES/SOMERSET 003-1209 PECAN PARK 11 DRAINAGE ESCROW 003-1212 GLADE RDIPLEAS RUN CHURCH ESCROW 003-1216 BOGART/HIDDEN OAKS/SANDLIN 003-1217 CHURCH STREET CULVERT ESCROW 003-1228 PLEASANT RUN HARDAGE ESTATESIESC 003-1229 GLADE RD SUMMERBROOK 50,963.15 003-1231 LAKEWOOD ESCROW 003-1236 E GLADE CRANBROOK ESCROW 003-1237 E GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 4,048.63 003-1247 GLADENVAYSIDE ESCROW 003-1257 ASHMORE II A GLADE RD ESCROW 003,1263 ARBOR ESTATES III 003-1268 MILL CREEK! GLADE ESCROW 003-1271 ASHMORE III/ GLADE ESCROW 003-1278 GLADE RD/ASHMORE liB ESCROW 003-1301 LAKEWOOD PH IV 003-1303 OAKBROOK HILLS 003-1307 SPRING GARDEN 003-1312 TIMMARON PH 1 003-1313 APPLEBEE'S 003-1319 REMINGTON PARK 003-1323 SHALlIVlAR 003-1 325 PECAN GARDENS 003-1326 WALGREENS 003,1330 REMINGTON PARK 003-1340 MONTERRA SIDEWALK 003,1357 CITGOILD LOCKETT 003-1360 REMINGTON PARK PH III 003-1392 CLAIRMONT 004-1172 DEBT SERVICE FUND 005-1172 VOLUNTARY PARK FUND 90,000.00 274,160.10 011-1172 LIBRARY DONATIONS FUND 100,092.15 25,243.75 012-1172 PARK LAND DEDICATION FUND 250,000.00 53,824.63 017-1136 95 BONDS-DRAINAGE 017-1172 DRAINAGE FUND OPERATING 93,03240 025-1162 CEDC 97 BONDS 027-1164 CCCPD 99 BONDS PER GENERAL LEDGER $1,100.000.00 $1,468,558.33 $1,364.445.83 $997,187.50 $897,468.75 $1,000,000.00 PURCHASE PRICE $1,143,087.00 $1,468,558.33 $1,364.445.83 $997,187.50 $897,'68.75 $1,000,365.00 VALUE AT MATURITY $1,100,000.00 $1,500,000.00 $1.400,000.00 $1,000,000.00 $900,000.00 $1,000,000.00 INTEREST RECEIVED AT MATURITY $50,337.37 $31,441.67 $35,554.17 $53,333.33 $48,000.00 $48,853.7$ . .._~._---_.'-'---- OUTSTANDING INVESTMENTS AT 12-31-02 INVESTMENT FHLMC FHLMC FHLB FHLB FHLB FHLB NOTE DISCOUNT NOTE BOND BOND BOND DATE ACQUIRED 15-May-02 18-Jul-02 07 -Aug~2 15-Aug-02 15-0cl-02 16-0ct-02 MATURITY DATE 15-Dec~03 30-Jun-03 14-May-04 15-Aug-03 15~Aug-03 13-Aug-04 26 WEEK T-BILL AUCTION DISCOUNTNVEEK OF PURCHASE 1.870% 1.630% 1.600% 1.590% 1.630% 1.630% YIELD TO MATURITY 3.030% 1.901% 2.062% 1.736% 1.640% 2.160% ACCOUNT ALLOCATION OF INVESTMENT 001-1172 GENERAL FUND OPERATING 74,545.02 1,257,479.24 1,100,000.00 002-1166 UTILITY DEBT SERVICE RESERVE 28,989.53 1,595.21 002-1169 98 REVENUE BONDS 002-1172 UTILITY FUND OPERATING 254,469.97 300,000.00 275,836.77 346,520.76 002-1174 WATER IMPACT FEE 371.427.20 383,765.79 002-1178 CUSTOMER OEPOSITS 003-1173 SERVICE AREA I - IMP FEES 107,380.46 34,821.73 262,554.11 525,000.00 003-1179 GLADE ROAD ESCROW 003,1180 BEDFORD BRIDGE ESCROW 003-1182 PLEASANT RUN LAUREL OAKS 003-1186 HIGHLAND MEADOWS III ESCROW 003-1192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 11,927.70 003-1203 SERVICE AREA II - IMP FEES 199,778.90 68,752.46 003-1204 BEDFORD LAKES/SOMERSET 203,23260 003-1209 PECAN PARK II DRAINAGE ESCROW 3,207.34 003-1212 GLADE RD/PLEAS RUN CHURCH ESCROW 003-1216 BOGART/HIDDEN OAKS/SANDLIN 241,461.86 003,1217 CHURCH STREET CULVERT ESCROW 7,720.67 003,1228 PLEASANT RUN HARDAGE ESTATES/ESC 003-1229 GLADE RD SUMMERBROOK 003-1231 LAKE WOOD ESCROW 003-1236 E. GLADE CRANBROOK ESCROW 105,008.22 003-1237 E. GLADE ASHMORE I ESCROW 46,833.55 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-1247 GLADENVAYSIDE ESCROW 37,815.56 003-1257 ASHMORE II A GLADE RD ESCROW 25,047.54 003-1263 ARBOR ESTATES III 003-1268 MILL CREEK! GLADE ESCROW 27,250.30 003-1271 ASHMORE IIV GLADE ESCROW 57,690.75 003-1278 GLADE RD/ASHMORE liB ESCROW 32,083.78 003-1301 LAKEWOOD PH IV 003,1303 OAKBROOK HILLS 003-1307 SPRING GARDEN 003-1312 TIMMARON PH 1 003-1313 APPLEBEE'S 003-1319 REMINGTON PARK 147,843.81 003-1323 SHALlMAR 003,1325 PECAN GARDENS 003-1326 WALGREENS 003-1330 REMINGTON PARK 003-1340 MONTERRA SIDEWALK 003-1357 CITGO/LD LOCKETT 51,171.04 003-1360 REMINGTON PARK PH III 70,951.21 003-1392 CLAIRMONT 100,359.48 004-1172 DEBT SERVICE FUND 301,459.50 005,1172 VOLUNTARY PARK FUND 011-1172 LIBRARY DONATIONS FUND 242,165.98 012-1172 PARK LAND DEDICATION FUND 100,000.00 017-1136 95 BONDS-DRAINAGE 017-1172 DRAINAGE FUND OPERATING 025-1162 CEDC 97 BONOS 027.1164 CCCPD 99 BONDS PER GENERAL LEDGER $1,140,000.00 $982,168.06 $1,280,000.00 $1,300,000.00 $1,604,000.00 $1,100,000.00 PURCHASE PRICE $1,143,829.26 $982,168.06 $1,309,068.00 $1,330,654.00 $1,673,196.56 $1,104,193.75 VALUE AT MATURITY $1,140,000.00 $1,000,00000 $1,280,000.00 $1,300,000.00 $1,604,000.00 $1,100,000.00 INTEREST RECEIVED AT MATURITY $55,039.07 $17,831.94 $49.454.09 $22,971.00 $22,699.27 $43,558.35 -_,_,,_,_--~,'--~'~'-'---"--~ LISTING OF INVESTMENTS BY GENERAL LEDGER ACCOUNT NUMBER LOGIC INVESTMENT POOL ALLOCATION AND GENERAL INFORMATION LOCAL GOVERNMENT INVESTMENT COOPERATIVE / "LOGIC" ACCOUNT ALLOCATION AT DECEMBER 31, 2002 ACCT # DESCRIPTION BALANCE GENERAL FUND 1.1115 GENERAL OPERATING $26,522.50 UTI L1TY FU N D 2,1115 UTILITY OPNS $477,366.93 2,1116 IMPACT FEES WATER $587.35 2,1130 INTEREST & SINKING FUND $678,121,63 2,1177 94 BON DS $104,447.81 CAPITAL PROJECTS FUND 3,1113 IMPACT FEES/SA I $23,484.50 3,1396 2002 CERTIFICATES OF OBLIGATION $2,928,998.16 DEBT SERVICE FUND 4.1115 DEBT SERVICE OPERATING $47,409.75 TIF FUND 17.1120 2001 DRAINAGE BONDS $1,587,564,09 TIF FUND 26,1119 2000 TIF BONDS $886,37 26.1383 2001 TIF BONDS $4,319,231,30 26,1399 2002 TIF BONDS $644,684.20 26,1130 INTEREST & SINKING FUND $3,684.09 CCCPD FUND 27.1147 99 POLICE/COURT BLDG FUND $314,891,83 TOTAL LOGIC POOL BALANCE $11,157,880,51 Dec. 2002 ~ Investment LOGIC The Newsletter Jor Members oj Local Government Investment Cooperative Allocation Daily Daily LOGIC Date Factor Rate Interest Balance W.A.M. N.A.V. 1.0003 1.0003 1.0003 1.0003 1.0003 1.0002 1.0002 1.0002 1,0003 1.0002 1.0003 1.0003 1.0002 1.0002 1.0002 1.0002 1.0002 1.0002 1.0002 1.0002 1.0002 1.0002 1.0002 1.0002 1.0002 1.0002 1,0001 1.0001 1.0001 1.0002 1.0002 1.00021 12/01/02 0.000039913 1 .4568% 38,347.10 960,757,378.75 59,12 12/02/02 0.000039247 1 .4325% 37,737.04 961,525,740,15 58.57 12/03/02 0,000039201 1.4308% 37,972.14 968,652,765.87 59.45 12/04/02 0,000039143 1 .4287% 37,922.38 968,809,630.86 62.15 12/05f02 0.000038624 1.4098% 37,385.83 967,952,428.81 61.95 12/06/02 0.000038314 1.3984% 37,286.24 973,184,592.65 69,30 12/07/02 0.000038314 1.3984% 37,286.24 973,184,592.65 69.30 12/08/02 0.000038314 1.3984% 37,286.24 973,184,592.65 69.30 12/09/02 0.000038068 1 .3895% 36,704.87 964,204,303.23 71.06 12/10/02 0,000037852 1.3816% 37,053.45 978.892.660.47 70.09 12/11/02 0.000037891 1 .3830% 36,854.36 972,634,352.85 70.60 12/12/02 0.000037774 1.3788% 36,797.05 974,127,448.37 69.36 12/13/02 0,000037859 1.3819% 36,788.80 971,728,966.13 67.12 12/14/02 0.000037859 1.3819% 36,788.80 971,728,966.13 67.12 12/15/02 0.000037859 1.3819% 36,788.80 971,728,966.13 67.12 12/16/02 0.000037563 1.3710% 36,694.51 976,885,255.11 67.40 12/17/02 0,000037797 1,3796% 36,906,24 976,421,795.32 66.63 12/18/02 0.000037829 1.3808% 35,957.72 950,528,848.02 67.61 12/19/02 0,000037985 1.3864% 39,463.47 1,038,927,324,00 62.85 12/20/02 0,000037782 1,3790% 39,579,03 1,047,570,637.27 60.01 12/21/02 0.000037782 1 ,3790% 39,579.03 1,047,570,637.27 60.01 12/22/02 0,000037782 1 .3790% 39,579.03 1,047,570,637.27 60.01 12/23/02 0.000037055 1.3525% 40,382.64 1,089,796,318.42 58.44 12/24/02 0.000037210 1.3582% 40,006.61 1,075,158,091.39 57.68 12/25/02 0.000037210 1.3582% 40,006.61 1,075,158,091.39 57.68 12/26/02 0.000036999 1.3505% 40,681.09 1,099,525,137.83 57.30 12/27/02 0.000037062 1 .3528% 40,862.18 1,102,522,312.17 55.66 12/28/02 0.000037062 1.3528% 40,862.18 1,102,522,312.17 55.66 12/29/02 0,000037062 1.3528% 40,862.18 1,102,522,312.17 55.66 12/30/02 0.000036883 1 .3462% 41,137.40 1,115,359,882.72 54.25 12/31/02 0.000036954 1 .3488% 42,143.58 1,140,431,933.14 55.11 I Tot.lAvgs. 0.000037879 1.3826% 1,193, 1702.82 1,017,444,158.43 62.70 Portfolio as of 12/31/2002 Count Book Value Market Value Mat. Distribution In Days U,S. Agency Securities 31 294,482,195 294,579,933 1 to 7 23.82% Commercial Paper 27 561,778,328 561,803,747 8 to 30 16.43% Money Market Funds 3 227,631,042 227,631,042 31 to 90 44.18% Repurchase Agreements 0 0 0 91 to 180 9.98% Treasury Bills 3 54,941,598 54,953,650 180 to 365 5.59% Treasury Notes 0 0 0 365+ 0.00% Totals 64 1,138,833,163 1,138,968,372 Totals 100.00% Type # of Type % of Type Start Date - 5/6/1994 Cities Counties Higher Education School Districts Other Utility / Water Districts Totals 104 37 11 146 21 44 363 25.27% 10.01% 1.34% 50.76% 2.63% 9.99% 100.00% Clients - 363 Fee (var.) - 14 to 16 bps.l 1.50% LOGIC Daily Rates for December 2002 1.46% ~_n.____ ._---~ ~. ---~--~~- ~----~.~-. . 1.42% 1.38% 1.34% 1,30% 12/1 12/5 12/9 LOGIC . . ~.--- .... --. . 111- _~ 12/13 12/17 12/21 12/25 12/29 Account Information: LOGIC News Participants Participant Avg, Balance Participant Accounts Avg, Accts. Per Participant Avg. Acct. (1927) Balance LOGIC Contacts: Phil Hart Patrick Shinkle Buddy Tarpley Veter Turner Fax Machine 363 2,802,876 1927 5.3 527,994 (214) 859-6788 (214) 859-6784 (214) 859-6778 (214) 859-6780 (214) 859-6775 LOGIC Website -- www.logie.org LOGIC will begin emailing statements this month. Indep. Auditor Legal Counsel Rating Agency General Manager Portfolio Manager Custodian Bank Monthly Average Rate 2,7000% 2,5000% 2,3000% 2,1000% 1,9000% 1.7000% 1,5000% 1.3000% o u C1l o N 9 c <ll -, N o ~ ~ N o .c c. <( N o .6 C1l u. Historical Information as of the end of the month. N 9 >- <ll ~ N o C: ::> -, KPMG LP Fulbright & Jaworski LLP Moody's Investors Service SWS Capital Corp. Citibank N.A. - Citigroup Asset Mgmt. JP Morgan Bank N 9 :; -, N o en ::> <( N o 6. C1l rJ) N o U o N o > o Z N o U C1l o Date Avg. Yield Bk. Value Mkt. Value WAM NAV Clients Dec-02 1 .3826% 1,138,833,163 Nov-02 1.5508% 960,467,628 Oct-02 1.7834% 972,383,082 Sep-02 1.8169% 1,011,097,305 Aug-02 1.8617% 1,068,091,957 Jul-02 1,8553% 1,185,122,626 Jun-02 1,8991 % 1,341,131,206 May-02 1.9230% 1,414,208,289 Apr-02 1.8965% 1,520,124,025 Mar-02 1,9002% 1,391,874,446 Feb-02 1,9835% 1,539,042,595 Jan-02 2.1334% 1,248,494,065 Dec-01 2.4757% 976,100,136 LOGIC -- Local Government Investment Cooperative 1201 Elm Street, Suite 3500 Dallas, Texas 75270 http://www.loie.or 1,138,968,372 960,769,296 972,655,668 1,011,418,298 1,068,477,589 1,185,666,903 1,341,676,514 1,414,725,856 1,520,592,585 1,391,988,519 1,539,639,732 1,249,355,824 977,215,926 62.70 60.48 57.84 65.52 67.13 74.55 71.76 65.23 71.76 77.07 74.80 79.29 82.84 1.0002 363 1.0003 363 1.0002 363 1.0003 362 1,0004 362 1.0004 362 1.0004 360 1.0004 358 1.0003 357 1.0002 356 1.0006 355 1.0010 352 1.0011 352 (800) 895-6442 Phone (214) 859-6775 Fax RESOLUTION R-03-2103 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF FEBRUARY 18, 2003 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF _ AYES, NAYS AND ABSTENTIONS. 2003, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor