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Home My WebLink AboutCity Council-Agenda Packets-3/4/2003 city of ~ Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD MARCH 4, 2003 5:15 P.M. - PRE-COUNCIL AGENDA PC-1. Discussion of proposed ordinance for sanitary sewer repair PC-2. Presentation of The Library Corporation's system and an overview of network security PC- 3. Discussion of March 4, 2003 City Council regular agenda items REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551 , Subchapter D Sec. 551 .071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Potential Litigation - Explorer Pipeline Deliberations regarding economic development negotiations - Town Center development Sec. 551.071 - Sec. 551.087 - P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Reverend Lloyd McCutchen, Pleasant Glade Assembly of God PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS PROCLAMATION - In recognition of Red Cross Month - Mr. Dennis Carpenter, American Red Cross Board Member CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2104 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 18, 2003 b. Approval of the Preliminary Plat of Emerald Park, 20.380 acres located on the north side of L.D. Lockett Road, 555 feet east of Precinct Line Road, Case P-03-004 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1391 - Approval of a Zoning Change from AG to R20 on Lot 2, Weston Ward Addition located at 6412 Ponderosa Lane, Case Z-03-002 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1392 - Approval of a Zoning Change from AG to R20, 0.955 acres located on the west side of Pool Road in the 3400 block, Case Z-03-003 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1393 - Approval to set forth uniform requirements for users of the publicly owned treatment works for the City of Colleyville enabling Colleyville to comply with all applicable state and federal laws 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1394 - Approval of a Zoning Change from AG to PUD-R, 3.561 acres located at 404 W. McDonwell School Road, Case Z-03-004 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1395 - Approval to amend Section 2 of Ordinance 0-02-1360 relating to the Fiscal Year 2002- 2003 Budget for the construction of a traffic signal at the new Church Street and Colleyville Boulevard intersection 9. READING AND PUBLIC HEARING - Resolution R-03-2105 - Approval of a waiver of perimeter street improvement requirements on Lots 1 and 2, Block 1, Debrecht Addition, located at 304 W. Van Oaks Drive, Case P-03-003 10. READING AND PUBLIC HEARING - Resolution R-03-2106 - Approval of an Interlocal Agreement with the North Texas Regional Library System (NTRLS) for the purpose of collection development and opening day collection services inclusive of print materials, multimedia items, periodicals, leased books and audiobooks and foreign language materials 11. READING AND PUBLIC HEARING - Resolution R-03-2107 - Approval to urge the federal and state legislative bodies to reauthorize the current level of funding for Northeast Transportation Services and providing an effective date 12. READING AND PUBLIC HEARING - Resolution R-03-2108 - Approval of the establishment of the Colleyville Public Library 13. READING AND PUBLIC HEARING - Resolution R-03-2109 - Approval to support legislation providing support for House Bill 86 and for a statewide election, to apply to all taxing entities that property tax and valuations are frozen for those owners over the age of 65, as provided in Section 11 .26 of the state tax code 14. TABLED ITEM: CONSIDERATION OF ORDINANCE 0-02-1382 - Approval to adopt an Ethics Code 15. REPORTS: COLLEYVILLE CENTER ADVISORY COMMITTEE - November 4, 2002 COLLEYVILLE CENTER ANNIVERSARY SUBCOMMITTEE MINUTES - November 11 , 2002 COLLEYVILLE CENTER ANNIVERSARY SUBCOMMITTEE MINUTES - November 20,2002 COLLEYVILLE CENTER ANNIVERSARY SUBCOMMITTEE MINUTES - December 3, 2002 COLLEYVILLE CENTER ANNIVERSARY SUBCOMMITTEE MINUTES - December 9,2002 COLLEYVILLE CENTER ANNIVERSARY SUBCOMMITTEE MINUTES - January 6, 2003 COLLEYVILLE LIBRARY BOARD MINUTES - January 13, 2003 CITIZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 4, 2003 - Reading and Public Hearing - Resolution R-03-211 0 ADJOURNMENT: 18. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, February 28, 2003, at 5:00 p.m. ty1YLb Cynthia Singleton, T City Secretary If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.577.7575, and reasonable accommodations will be made to assist you. PRE-COUNCIL cD~il(/l AGENDA BRIEFING Il~~,,$ MEETING DATE: : ITEM # : 03/04/03 PC-1 CITY MANAGER I DEPARTMENT HEAD FINANCE REVIEW ! Previous Action: None DEPARTMENT: PUBLIC WORKS SUBJECT : Discussion of Proposed Amendments to the Sanitary Sewer Repair Ordinance BackQround This item provides an opportunity for staff to review the proposed amendments to Section 2.1.3 of the Water and Sewer Policies and Procedures Manual. Attachments . Howell Memorandum, dated February 18, 2003 . Schematic of Typical Concrete Street Section MEMORANDUM To: Bill Lindley, City Manager From: Kelly Howell, Operations Manager Date: February 18, 2003 Subject: Sanitary Sewer Repair Ordinance, Proposed Changes Ordinance 0-76-220, Section 2.1.3 of the Water and Sewer Policies and Procedures Manual of the City of Colleyville places the responsibility for repairs to sewer service pipe on the owner of the property served by that pipe including the connection to the main. This ordinance does not provide an allowance for the portion under the public street pavement, which results in a customer, whose property is located on the opposite side of the street from the sewer main incurring a much higher cost for repairs to the sewer service pipe. Ms. Martha Walker, 7109 Jo Will, is an example of the impact of the current ordinance. Ms. Walker had a blockage in her sewer line service and, upon completion of a television inspection, it was determined that the problem was tree roots intruding into the pipe near the connection to the main. Ms. Walker was required to hire a plumber to dig up and repair her line at the edge of the pavement across the street from her property. Ms. Walker felt that the current ordinance placed a larger burden on her to the portion of pipe under and across the street. She also felt that it was unfair for her to have to excavate her neighbor's yard. On the November 19, 2002, this item was placed on the Pre-City Council Worksession to provide an opportunity for staff to review the provisions of the current ordinance with the Council. The City Council requested that staff review the current ordinance and identify proposed changes to the ordinance that would make the repair cost burden more equitable for customers who have sewer service pipe under the street pavement section. As requested, staff proposes to amend the ordinance, Section 2.1.3 of the Water and Sewer Policies and Procedures Manual of the City of Colleyville as follows: "The city shall maintain and operate only those sanitary sewers whose title is vested in the city. However, in the event that the portion of the sewer connection pipe under the street pavement and/or curb and gutter is broken, collapsed, separated or has tree root intrusion, the city shall invoke the contractors maintenance bond, is applicable, or perform repairs. It shall be the property owner's responsibility to provide an original VHS tape recording of a video inspection showing clearly the section of sewer service pipe with the problem before any work is initiated by the city. The city will then verify the problem and repair only that section of sewer service connection pipe within the limits of the street paving and/or curb and gutter." Historically, the city has one to two cases of this type per year; therefore, the estimated financial impact to the Utility Department is estimated to be less than $6,000.00. Staff plans to place this item on the March 4 and March 18 City Council agenda for consideration. xx: Dianne McWethy, Deputy City Manager Keith Fisher, Public Works Director Attachments: . Ordinance 0-76-220, Section 2.1.3 . Draft Ordinance 0-03-XXXX relocated, the City shall pay the difference in the cost of pipe and size of such existing water or sewer facility and the cost of the pipe of the size the City desires to have installed in the relocation or replacement thereof, provided such increase in size is not necessary to provide capacity at least equivalent to that of the existing water or sewer facility to be replaced or relocated. I. OWNERSHIP AND MAINTENANCE 4 1. Title to all sanitary sewers constructed under this policy, except titl e to sanitary sewer "servi ce connecti ons", sha 11 be vested in the City. 2. Title to all sanitary sewer "service connections" (inClUding the connection wye or saddle) constructed under this policy by the City or its Contractors shall be vested in the Developer, or "Single Customerll, and the City assumes no responsibi lity for the maintenance or operation of such "Service Connections", except to invoke the Contractor's Maintenance Bond in event of applicable defect. ~ The City shall maintain and operate only those sanitary sewers ~ose title is vested in the City. 4. Title to all Water Mains constructed under this policy, inCluding title to "Service Connections", shall be vested in the City. 5. The City shall maintain and operate only those Water Mains whose title is vested in the City. J. PROVISIONS ATTRIBUTED TO CONSUMER. All of the provisions of these policies shall be deemed to be incorporated in every contract between the City Water Department and its consumers, and each consumer shall be charged with knOWledge of the provisions of these policies, and by applying for and accepting water from the City Water Department, to have assented to the provisions hereof. K. ESTIMATES OF WATER LOSS. The Superintendent shall maintain currently by months an accounting of estimated total water produced and the total water sales and shall estimate the distributions of the difference to fire usage, leakage, unaccounted losses and other cause of loss if known. L. MAINTENANCE OF DETOURS. Installation of water and sewer mains shall be done so as to provide and maintain detours and keep open facilities for public travel. M. FINAL CLEANING UP OF RIGHT-OF-WAY. Upon completion of the installation of water and sewer mains, the Contractor shall clean and remove from the right-of-way all falsework, all surplus and discarded materials, rubbish, and temporary structures, restore in an acceptable manner all property, both public and private, which has been damaged because of the work. and shall leave the streets and right-of-way unobstructed and in a neat and finished condition throughout the entire length of the project. 2.03 ORDINANCE 0-03-XXXX AN ORDINANCE AMENDING SECTION 2.1.3 OF THE WATER AND SEWER POLICIES AND PROCEDURES MANUAL OF THE CITY OF COLLEYVILLE BY PROVIDING THAT THE CITY, UPON VERIFICATION OF A BROKEN, COLLAPSED OR SEPERATED SANITARY SEWER SERVICE PIPE UNDER THE STREET PAVEMENT SECTION, WILL REPAIR THAT BROKEN, COLLAPSED OR SEPERATED PIPE WHEREAS, the City desires to make service pipe repair costs more equitable for customers of the sanitary sewer collection system, and; WHEREAS, the City Council determines it is in the best interest of the City to ensure customers do not bear unreasonable repair costs for sanitary sewer service repairs. NOW THEREFORE, BE IT ORDAINED BY THE CITY OCUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AS FOLLOWS: Sec. 1: THAT Section 2.1.3 of the Water and Sewer Policy and Procedures Manual, which is appendix A to Chapter 11 of the Colleyville Code be amended to read as follows: "The city shall maintain and operate only those sanitary sewers whose title is vested in the city. However, in the event that the portion of the sewer service connection pipe under the street pavement and/or curb and gutter is broken, collapsed, separated or has tree root intrusion the city shall invoke the contractors maintenance bond, if applicable, or perform repairs. It shall be the property owner's responsibility to provide an original VHS tape recording of a video inspection showing clearly the section of sewer service pipe with the problem before any work is initiated by the city. The city will then verify the problem and repair only that section of sewer service connection pipe within the limits of the street paving and/or curb and gutter." AND IT IS SO ORDERED The first reading and public hearing being conducted on the _day of ,2003. The second reading and public hearing being conducted on the _ day of ,2003. Ordinance 0-03-XXXX Page 2 of 2 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton City Secretary Donna Arp Mayor APPROVED AS TO FORM: Ross T. Foster City Attorney 50' ROW WIDTH (Typical subdivision street) 31' PAVEMENT WIDTH (Typical subdivision street) w w z Z :::i :::i s: s: 0 0 0::: 0::: .. r...." ", ,'-,.' ~r;.' '~",' ;!:~.~,A: ~ ..~.> 1--!":;~'T~,1!t-..;:' ,- .;..:y....-::;:! 'A....:~ ,~;'..', .;...~.:, '.1 '";. ~~~:r.fr;.. .''-:: _.JO'.'..;.: ~. r. :"l;;r~ .......~:r,.~'!: ,.-...e-' ... 'I'~~ ',:,. 30' + /- SERVICE TO HOUSE CITY SEWER MAIN ~~ '& /.~ 0< >>~ ~~~< TYPICAL 4" SERVICE LINE CURRENT POLICY: HOMEOWNER IS RESPONSIBLE FOR MAINTAINING & REPAIRING THE ENTIRE SS SERVICE FROM THE HOUSE TO THE CITY MAIN, INCLUDING THE TAP. HOMEOWNER TO MAINTAIN AND REPAIR CITY RESPONSIBILITY TO REPAIR HOMEOWNER TO MAINTAIN (CLEAN, TELEVISE, ETC.) HOMEOWNER TO MAINTAIN AND REPAIR 30' + /- SERVICE TO HOUSE PROPOSED POLICY: HOMEOWNER IS RESPONSIBLE FOR MAINTAINING THE ENTIRE SS SERVICE FROM THE HOUSE TO THE CITY MAIN. THE CITY WILL MAKE REPAIRS TO THE SECTION OF SEWER SERVICE LOCATED UNDERNEATH THE STREET. SANITARY SEWER REPAIR & MAINTENANCE ...J PRE-COUNCIL ci.lyor CC:~ij(/l AGENDA BRIEFING Il':-;;:l$ MEETING DATE: ITEM # : . 03/04/03 PC-2 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW ! Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT : Presentation of The Library Corporation's system and an overview of network security Discussion of the features offered by The Library Corporation for the Integrated Library System, as well as an overview of City Hall and Library network security and firewall. PRE-COUNCIL CC@n<1l AGENDA BRIEFING IL'X"S. MEETING DATE: : ITEM # : 03/04/03 PC-3 CITY MANAGER ~ DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the March 4, 2003, City Council regular agenda items This item provides the opportunity for the City Council to discuss the March 4, 2003, City Council regular agenda items. CITY COUNCIL Cil)" r){ cD~1<1l AGENDA BRIEFING T(.~:-.:,,~ MEETING DATE: 03/04/03 CITY MANAGER r"i7/ ~ ITEM#: 1 DEPARTMENT HEAD ~ RESOLUTION #: N/A FINANCE REVIEW N/A DEPARTMENT: CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D Previous Action: None EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Sec. 551.087 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Potential Litigation - Explorer Pipeline Deliberations regarding economic development negotiations - Town Center development Sec. 551 .071 - CITY COUNCIL Citf Of CC;~il<1l AGENDA BRIEFING 7"l'xa:; , 03/04/03 MEETING DATE: CITY MANAGER , ITEM # : 2 DEPARTMENT HEAD , tZ6 RESOLUTION #: N/A FINANCE REVIEW , N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT : CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENT A TIONS PROCLAMATION - In recognition of Red Cross Month - Mr. Dennis Carpenter, American Red Cross Board Member roclamation CITY OF Colleyville, Texas WHEREAS: the American Red Cross is always there, under the same trusted symbol, serving our community and touching more lives by providing lifesaving information, training and disaster reliefto individuals and families for the past 86 years; and WHEREAS, the Red Cross is a leading voluntary agency meeting the needs of individuals and families affected by personal emergencies and disaster; and WHEREAS, the Red Cross is designated by the Congress of the United States in the act approved January 5, 1905, as amended, 36 U.S.C. Sections 1-9, as the lead voluntary agency responsible for national and international relief in time of peace and to apply the same in mitigatil')Q. th~ s;ufferings caused by pestilence, famine, fire, floods, and other great natiooaJ calamities, and to devise and carry on measures for preventing the same; a~g._~--_._"-'-__ ,,.r"::":_,_.- -<~~--...~,:.-~;-,...._~~, WHEREAS, the.Red..fross hasirainedJhousands.of~ople in.QUr,(X)mmunity in essential skills ~yeI'rM. 'first aiG-.nd-..CJ?Rand. pr.oVlOed",,1\I\lJAIDS prevention and disaster . pfepare~eSi"ili{OfmatlOl:l, saYl!lg:JJllloJ<tmn:n~-:Qf:li~s; aOO.__ WHER ;at~~f~~~~~:~~~i~~!=~:i~: .....~",., ~~':;';;~,)-'J.~,;m\',,~Y~ ~.......,..- '4ar.ti~~~,.~\~~ NOW, THEREFORE, I, DONNA ARP;:'MAYOR OFTHECA)"OF COLLEVVlLLE, TEXAS, on behalf of the Colleyville CityCouncilancLcitizens of Colleyville, do hereby proclaim the month of March 2003 as'''" ~, S AMERICAN RED CROSS MONTH and call upon the citizens of Colleyville to become partners in preparedness with their local Red Cross chapters and to become acti-.e participants in advancing the noble mission of Red Cross. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville affixed this 4th day of March 2003. .......... ...... RESOLUTION R-03-2104 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF MARCH 4, 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 18, 2003, are hereby approved. b. THAT the approval of the Preliminary Plat of Emerald Park, 20.380 acres located on the north side of L.D. Lockett Road, 555 feet east of Precinct Line Road, Case P-03-004 AND IT IS SO RESOLVED. 2003, BY A VOTE OF ABSTENTIONS. APPROVED THIS AYES, DAY OF NAYS AND ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING FEBRUARY 18, 2003 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Arp on February 18, 2003, at 5:17 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Rich Hendler and Richard Newton were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Community Development Director Barry LeBaron, Interim Community Development Manager Clayton Husband, Fire Chief Mike Johnston, Engineer Chris Steubing, Communications Manager Dixie Cawthorne, Administrative Assistant Cindy Martin, and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Ginny Tigue arrived at 5:25 p.m. PC-1. Overview of the 2003-2004 Budget Calendar There was general discussion regarding the 2003-2004 budget calendar. PC- 2. Discussion of February 18, 2003 City Council regular agenda items There was general discussion regarding the regular agenda items. Communications Manager Dixie Cawthorne provided an overview of the Integrated Library System features. CITY COUNCIL MINUTES FEBRUARY 18, 2003 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on February 18, 2003, at 6:45 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, Finance Director Terry Leake, Engineer Chris Steubing, Fire Chief Mike Johnston, Communications Manager Dixie Cawthorne, Administrative Assistant Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 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 - 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 6:47 p.m. and reconvened at 7:45 p.m. The invocation was given by Sister Dorothy Eggering of Good Shepherd Catholic Community, after which Ross Foster led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCil AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Councilman Hendler congratulated the Cross Timbers Middle School girl's basketball liB" team for winning a district title. Councilman Newton stated that several emails have been received from Mr. David Wheaton and Mr. Billy Robertson requesting that Council take action on the tabled item regarding the Spring Garden subdivision. 2 CITY COUNCIL MINUTES FEBRUARY 18, 2003 Mayor Arp announced that the Colleyville Heritage High School basketball team won district and wished the team good luck in the play-offs. Councilman Newton stated that he was involved in correspondence regarding the Highland Meadows Homeowner's Association reimbursement for landscaping along Hall Johnson Road. Mayor Arp presented a Proclamation in recognition of TOUGHLOVE@ Programs Against Violence Month to Ms. Janet Slayton, Mr. Ed Slayton and Ms. Sandra O'Neil, TOUGHLOVE@ International representatives. Mayor Arp presented a Proclamation in recognition of Congenital Heart Defects (CHD) Day to Ms. Sally Pearson, President of Heart to Heart and Ms. Susan Tucker, Heart to Heart Board Member. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2100 - 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 Mayor Arp opened the public hearing and read Resolution R-03-2100 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice moved to approve Resolution R-03-2100. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 3 CITY COUNCIL MINUTES FEBRUARY 18, 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 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1389. Mr. Joe Deupree, 5101 Montclair, spoke in opposition to the proposed Ordinance and regarding the distance requirements for alcohol permits, Special Use Permits and state regulations for alcohol permits. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton read the following personal statement. "This overlay Special Use Permit for alcoholic beverage sales violates the minimum 300 foot distance requirements to the Montessori Elementary School imposed by Colleyville's own ordinances. On principal, I am opposed to passing an ordinance that violates one of Colleyville's laws. When I brought this up to others on Council, I have been told (1) it doesn't matter because we can rely on the state not to issue an alcoholic permit to an establishment within the 300 foot distance limitation to the Montessori school and (2) there will not be any business establishments in that area of the overlay that will ask for an alcoholic beverage sales permit anyway. Those answers demand that I ask two questions. One, if no business will request alcoholic beverage sales permit in that area of Town Center, then why does the overlay cover that area and two, why would this Council vote to abdicate the City's responsibility to control liquor sales to the state. If we abdicate that responsibility, we will not be living up to our sworn duties to uphold the laws of Colleyville. To me, this simply represents another lowering of the standards of Colleyville. In my experience while I have served in elected positions, Colleyville has never settled for minimum standards, why would we do it now. This is alarming to me because of the precedent that has already been set in lowering Colleyville's standards for alcohol beverage sales. In 2001, three of you on this Council voted to lower the minimum distance requirements between establishments selling alcoholic beverage and churches, schools and hospitals from 1,000 feet to 300 feet. As a consequence of lowering this standard, Colleyville now has a bar next door to the First Baptist Church. We have citizens that are not happy this was done, the church was not happy this was done. What's worse is, I don't know whether this was done on purpose or this was simply an unanticipated and unintended consequence of lowering the standards. We as elected officials have a responsibility to the citizens of Colleyville to uphold the standards that they set. In 1991, the citizens of Colleyville voted to allow alcoholic beverage sales in Colleyville as long as there was a 1,000 foot minimum distance from churches, schools and hospitals. In June 2001, the Council changed this distance 4 CITY COUNCIL MINUTES FEBRUARY 18, 2003 requirement without consulting the citizens for a restaurant that has since gone out of business and is now a bar. In the course of changing this distance requirement, just so this restaurant could have a liquor license, the Special Use Permit was granted permanently forever to run with the land not the business that requested it. That is the reason the bar could open using the Special Use Permit rights originally granted to the restaurant that were well below what the citizens of Colleyville approved. When a group of concerned citizens from the First Baptist Church raised protest, they were told that the 300 foot distance could not be changed back to 1,000 feet again based on state regulations. It's not yet clear to me what that real situation is. What's the moral of this story? When standards are lowered, there can be unintended consequences. Will we have bars opening in other locations that have been granted perpetual rights to sell liquor. These include the Village at Colleyville. Do we want that possibility in Town Center. For Town Center, there is no reason to grant an overlay to the entire development. There is a way to accomplish what the developer wants while protecting the citizen's best interests. The last time this Council depended on the state to regulate for Colleyville, we ended up with a bar that the neighbors don't want. The City Council is supposed to solve problems, not create them. Citizens need to be protected and the developer needs to be helped. There is more than one way to accomplish this. What's been proposed is simply the easiest way. All the things that have been done to make Colleyville the special place that it is today weren't done because they were easy. They were done to maintain and raise the standards not lower them. I for one do not want to compromise on standards. I think we as elected officials should reverse the trend of lowering standards. To accomplish this, my recommendations are (1) only grant Special Use Permits for the sale of alcoholic beverages where it is specifically needed not as overlays; (2) only grant these Special Use Permits for the life of the business that requested them; (3) monitor the percentage of food and alcohol sales for establishments with Special Use Permits at least twice a year; and (4) if possible, return the minimum distance requirement to 1,000 feet as the citizens approved by vote." Discussion continued regarding economic development and the desires of the Montessori school relating to the Special Use Permit. Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1389, with the amendment that the sale of alcoholic beverages shall be prohibited within the area located within 300 feet of the Barbara Gordon Montessori School. Councilman Hocutt seconded the motion. Discussion continued regarding a time limit on a Special Use Permit. Councilman Hocutt made a friendly amendment that the Special Use Permit required for alcoholic beverage sales for on-premise or off-premise consumption shall become null and void five years from the date of approval of this ordinance for undeveloped sites. 5 CITY COUNCIL MINUTES FEBRUARY 18, 2003 Mayor Pro Tem Tigue accepted friendly amendment. Mayor Pro Tem Tigue called the question. Mayor Arp did not accept the question called to allow discussion to continue. Discussion continued regarding the Texas Alcoholic Beverage Commission food to alcohol sale ratio reporting schedule, ability to change the distance requirements and criteria for citizen notification. City Attorney Ross Foster stated that the distance requirements may not be changed from 1,000 feet to 300 feet except in the case of a request by a private school. Mayor Pro Tem Tigue called the question. Mayor Arp did not accept the question called to allow further discussion. Council requested that staff research the ability to receive the food to alcohol sales ratio report more than once a year and that a broader area of citizen notification of a request for an alcohol Special Use Permit be considered. Discussion continued regarding the site plan and feedback received regarding this proposed ordinance. Portions of an email from Ms. Cecilia Galbraith of the Barbara Gordon Montessori were read, which stated that the school has no objection to the issuance of the Special Use Permit at Town Center. Mayor Arp called for the vote. Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: Councilman Newton Mayor Arp declared the motion carried. 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 CITY COUNCIL MINUTES FEBRUARY 18, 2003 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1390. Mr. Jerome Davis, 1704 Avalon, spoke regarding business closings and economic development. Mr. Joe Deupree, 5101 Montclair, spoke in favor of the proposed ordinance, property values, funding city services and the contributions of senior citizens. Mr. Jim Moore, 1416 Glade Road, spoke regarding priorities of previous councils, a tax increase and funding city services. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt requested that the City Council pass a resolution, which supports a statewide vote to amend the Texas State Constitution to freeze all homestead tax exemptions for those 65 and older in the manner it is done for the school taxes. Councilman Hocutt also requested that staff organize a Town Hall meeting for all citizens, particularly senior citizens, to review options regarding an exemption for senior citizens and other issues related to senior citizens. Councilman Hocutt moved to table Ordinance 0-03-1390. Councilman Rice seconded the motion. Mayor Arp requested that invitations regarding the Town Hall meeting be sent to senior citizens. Discussion ensued regarding a discount on utility billing. Councilman Hocutt moved to suspend the rules to allow citizens to speak. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mr. Joe Deupree, 5101 Montclair, spoke regarding State House Bill 86. Mr. Ed Havran, 303 Oak Crest Drive, spoke in support of tabling the proposed ordinance and regarding State House Bill 86. 7 CITY COUNCIL MINUTES FEBRUARY 18, 2003 Mayor Pro Tem Tigue called the question. Mayor Arp did not accept calling the question to allow discussion to continue. Discussion continued regarding the proposed Town Hall meeting and a proposed resolution based on an inflation adjusted formula providing an exemption. The vote on the motion was as follows: Ayes: Councilpersons Hocutt, Rice, and Mayor Pro Tem Tigue Nays: Council persons Newton and Hendler Mayor Arp declared the motion carried. 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 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1391. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding division of the property. 7. READING AND PUBLIC HEARING - Resolution R-03-2101 - Consideration of appointment to Historical Preservation Committee Mayor Arp opened the public hearing and read Resolution R-03-2101 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp asked all those in favor say aye, those opposed, say nay. Resolution R-03-2101 was passed by acclamation. Mayor Arp declared the motion carried. 8 CITY COUNCIL MINUTES FEBRUARY 18, 2003 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 Mayor Arp opened the public hearing and read Resolution R-03-2102 in its entirety. Ms. Susan Barzelay, 4508 Alexandra, spoke in favor of the proposed resolution. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Resolution R-03-21 02. Councilman Hocutt seconded the motion. Discussion ensued regarding the funding source for the Integrated Library System and development of the website use and security policy. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 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 Mayor Arp asked if anyone would like to remove this item from the table. Councilman Hocutt moved to remove Ordinance 0-03-1385 from the table. Councilman Newton seconded the motion. Councilman Rice provided the following statement: "I knew the developer, although I don't think we have personally met in the past. It turns out that I had a client who I represented a couple of years ago ended up filing a suit against this developer, and it was a default type judgment that we had not spoken on until after the judgment and only talked one time. It is sitting out there dormant and not doing anything and nobody is moving on it, but I felt that although it is not to preclude me, it doesn't have anything to do with this case. It didn't take place in Colleyville. It was for some materials on a 9 CITY COUNCIL MINUTES FEBRUARY 18, 2003 different business. In fact, I didn't realize Mr. Young's name was actually Curtis until we were talking on the phone a couple of weeks ago. I have known him as Dewayne, so I just wanted to disclose that to everybody and have that up front." Mayor Arp opened the public hearing. Ms. Ann Mooney, 404 Oak Valley Drive, spoke regarding property ownership and provided Council with a survey of the property. Mr. Jim Graham, 6616 McMakin Court, spoke in opposition to the proposed ordinance and regarding the property clean up and future inspections of the property, development of the property and Colleyville Boulevard and expressed appreciation to developers for their consideration of the homeowner's concerns. Mr. Dave Dudziak, 2301 Wilkes Court, spoke regarding the property clean up and in favor of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. John Altman, 5485 Beltline Road, Dallas, Texas, developer, spoke regarding the proposed development and was present to answer questions of the Council. Mr. William Ingle, 421 Brazil, Hurst, Texas, leasing agent, spoke regarding the clientele and was present to answer questions of the Council. Mr. Dave Dudziak, President of the Ross Downs Homeowner's Association, spoke regarding the position of the Homeowner's Association. Councilman Newton moved to deny Ordinance 0-03-1385. Councilman Hendler seconded the motion. Discussion ensued regarding the proposed development and the future development of the property, speculative zoning changes and the affect of the future expansion of Highway 26 on the property. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10 CITY COUNCIL MINUTES FEBRUARY 18, 2003 City Manager Bill Lindley expressed appreciation to Mr. Hodges for addressing the concerns of neighbors regarding the clean up of the property. Mayor Arp recessed the meeting at 9:40 p.m. and reconvened at 9:55 p.m. 10. CONSIDERATION OF ORDINANCE 0-02-1382 - Approval to adopt an Ethics Code This item was not removed from the table. 11. STAFF REPORTS: MONTHLY FINANCIAL REPORT QUARTERLY FINANCIAL REPORT There was no action taken on this item. CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Jim Graham, 6616 McMakin Court, spoke regarding the commendations given to Mr. Hodges for the cleanup of his property. Mayor Arp explained that items on the agenda could not be discussed during this time. Mr. Ron Wade, 4514 Shadywood Lane, representing the Brook Meadows Lake Front Homeowner's Association, spoke regarding the development of the Colleyville Pathways and the East Little Bear Trail. 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 This Resolution was not needed. 11 CITY COUNCIL MINUTES FEBRUARY 18, 2003 ADJOURNMENT: 14. ADJOURNMENT There being no further business before the City Council, Councilman Newton moved to adjourn. Councilman Hocutt 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 10:30 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 12 CITY COUNCIL CC@il<1l AGENDA BRIEFING ll':-,:;:l.$ MEETING DATE: : 03/04/03 CITY MANAGER I ...y--. ITEM # : 3b DEPARTMENT HEAD ~M- v RESOLUTION # : R-03-2104 FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of the Preliminary Plat of Emerald Park, 20.380 acres located on the north side of L.D. Lockett Road, 555 feet east of Precinct Line Road, Case P-03-004, by Consent Reading and Public Hearing Emerald Park Development is the owner of a 20.38-acre parcel of land located on the northeast corner of Precinct Line Road and L.D. Lockett Road. The owner has submitted a Preliminary Plat of the property for review and consideration by the City Council. The plat contains 72 single family lots and three (3) open space lots. Zoning. This property is zoned PUD-R and PUD-C, approved by Ordinance 0-02-1366 on October 1, 2002. The overall density of the development is 3.5 dwelling units per acre. The smallest lot is 7,200 square feet in area, with an average lot size of 7,508 square feet. The typical lot is 60 feet wide and 120 feet deep. Open Space. The PUD-R ordinance for this property requires that 20% of the total development be designated as open space. The three open space lots comprise 4.0 acres, or 20% of the development. The homeowner's association is responsible for the maintenance of the private open space areas and the associated detention ponds. Emergency Access. There is one primary entrance to the subdivision from L.D. Lockett Road on Crescent Way. A secondary emergency access to Precinct Line Road is proposed on Crystal Way, at the northwest corner of the property. This secondary access enables this subdivision to meet the requirement to provide two entrances to this phase of the development. An interim fire lane will be constructed to this secondary entrance until the time the commercial area develops. At that time, the fire lane will be reconstructed as a public street. Colleyville Pathways Plan. This property is subject to the provIsions of the Colleyville Pathways Plan, which requires a 10-foot wide hike and bike trail to be constructed along Precinct Line Road. The trail is required to be built at the time the commercial lots develop. Sidewalks. The developer will construct a 5-foot wide sidewalk along L.D. Lockett Road. This residential portion of the project does not require the construction of hike and bike trails. Agenda Briefing Resolution R-03-2104 Page 2 of 2 Drainage. Storm water runoff will be directed to a detention pond located in the open space area in the middle of the subdivision. Separate detention ponds will be constructed when the commercial area develops to accommodate storm water runoff from that area. Extensive drainage improvements will be made as part of this development. Perimeter Street Improvement Requirements. Perimeter street improvements are required for this property since L.D. Lockett Road is considered an unimproved street and the plat contains more than one residential lot. The developer is required to construct one-half of the street or provide an equivalent amount of cash escrow for future improvement by the City. Gated Community. The developer has indicated that this development will likely be constructed as a gated community with private streets. Detailed plans for the entry gates will be submitted with the final plat application. Dwelling Unit Construction Requirements. The PUD-R portion of the ordinance has specific requirements for the houses built within the subdivision. The minimum dwelling unit size is 2,500 square feet, with at least 2,300 square feet located on the first floor. All houses must provide 90% masonry walls and chimneys, and roofs with a minimum 10:12 pitch. No more than 40% of the garage doors are allowed to face the street, and the doors must be constructed of wood or wood-faced steel. The Planning and Zoning Commission approved this Preliminary Plat at the February 10,2003 meeting by a unanimous vote. Recommendation Approval Attachments · Location Map · Preliminary Plat v t\lJ,f'~RC[\ 13f.~ R 1'i ell cotAlA\.n~:vv~ c& }1 '0.086 . 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Previous Action: 02/18/03 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 Second Reading and Public Hearing 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. Agenda Briefing Ordinance 0-03-1391 Page 2 of 2 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the 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 zoning change request at the January 27 and February 10, 2003 meetings. 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 , ,.!. l~' I ?); ~.~~ (~ '" ............ , ' x ~5 ,.1,\ " ~~'~l~t/-, \~ ~, - , 21 ~ I ~_ ('---- >C"!!.J' '- , . I 21 /3~, , , 29 /0, I " /~~ ,o' ')..' ( 12 I ,'-\.'("":,.r.. 0-- .~'I'" \ "...' ~ " I\C,~I ~, - ,1.- TR 2H 2.C!II At lR 2 1.n' At LN 13 I. 13 12 15 12 11 16 II Ie II 0> I ,.., cl " .. ,.., ,.., 0 u 2 1.llI'] ct TA 2J 3.152 At TR 2l< 3.12 AC 26. U~t1&i )le&)' II ill "DD 2R 1 6.7126 . i};O ~ tlJ ,1.'Yo. ~'JJ) I. . . 15 ~ 1 I .&7 . R-14-1 TR 2BJ .ql At COUEYVIl.LI 1A 2.1 fR 2K .5AC l.lltAC fR 2N .6'" . TR 2f'1 .35 AI: TR 20 1.0 N::. .'5~ 1.5 AC loP. .0 lR 2P2 I.'U tiC TR 20 2.. .0 CENTE~ 0.~ lR 14 Location Map & Area of Notification CASE # Z-03-002 - Zoning Change - AG to H2O (J)::rN -. 0 0 ::s 3 ::s (Q -. CD )> tE 'TIC')m D) )> >< ~.(Q ~ .:;::" :::::!. c- ~ 0 -. :;;oc:- - -..... ,., - 0 en c: .., -. .., Q.D)N CD - 0 ::s - ::s - 0 -. -. ::s e!.. ::a (Q ~(") -::r D) ::s (Q CD ;;0 I\) o )> G) -r '! ~Jf. ( J2J.II' · M-_-__--,- _. . )> G) I . J z ~ '. ;.~ l~ ; ,.-._._~~-~-~-._.~ r ~ I I 1 i el rr l 1 el-'-'-'-: L-._._.!~ -a' ,.________ t I i I II j ~----------~~~------ - ------------~ - JJDlr- --1 . ., -..,,,.,.......... - - - - .. Ponderosa Lane ~ ;;0 I\) o iPllD-R-'" * ~.. -----1 , I , \ )~~ "./ '$' \//~~. , \..I \ \ ~/I".\ t /....:~'-':~'~: X"" ; \ /~ \. \ t /", ' /......-, 0""" '" .....""-...,:...... ! \ \ --' ,,J. -:' ( : I ! I~NNlSON pl(Wy- .~, \~~~~t ~~---1 f-~~-'-- ..---.~ ./. '{..~ f [ "V ,1-..- I :5(\'/' ~ - ~ <:/ v _. .i L. ~,_.i."._,_,L_ _A" .OOOOI.AS: i ......_.___.ML--- j " ..~, ) 2 $ITE -iflgs.ton [...'1.--11=:.'..:.. ... ......r-----;-- . r"" ._..~:.'.'~ Tt: r-.J.----l !~~ / I / PUP-~I/ '- ~....---~. .-.' . "'- . I I O.QO..l~11 Y !, .~ I :..t' -2 ~~ ~..- -_.,-~ 1 ' I ,,_.~~_.. _.,_c__._,_.....^.~.~ -'f\NKE , .. . ""0'" . . .-,-i.. , ll> l?ecan '~-"J_ ,;, ~J>a~K._, 1 1 W ~! ~ ~',,' j .,--1 '-"E~~ i. ,/j~t .... 'r:'r--' I "'1 A$ 1 ! .J ". I c'...........----.._ I (ii?-OO.1257 PUD-R 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 Wamer 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 ofthe 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 .----..-.~- --. -------... .~'_'..,..~-." ~_t'.._l. ..~ Rr;~-'~;loo:]D CITY OF COL...EYVILLE . BY CO;~,i'iJNITY DcVELOPrJ;U1T ; 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 ofthe 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, tllere 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 of the 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 of lot 1-0.) 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. ~~.. /- " r" ~._ ~. ~/--:J ...... _ .~J i'- \.' . ~\ ') /-......{ \. - ,.... "--"-o.~~,.,< /.~"----. Cindy B. La' er ',,-_/' Co-Owner, 6500 Ponderosa Lane Michael F. Latimer Owner, 6500 Ponderosa Lane I /J.& /03 Date (~I.x (ct~ 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 ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. Ordinance 0-03-1391 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Exhibit A Zoning Map -2 AG ! t.,,,..~--- ! ! .'qNK€ , v_-~._.,~i j , wi .~,.,,~w,~-^. ! ! I l.-.n I 'oj ~$ ! ! ly ! I, I r HI ....R~20 1 f' r , . ..... : , 1 '. .qEJ.,fL t' : ! / ! ":,:J~~fan I ., ~a~k,. ....,rE~~1 (1~O-1257" PUp..R CITY COUNCIL CilY Q{ ~ AGENDA BRIEFING CQ~~~m~ 't.' x;:>.S MEETING DATE: ! ITEM # : ! ORDINANCE # : : 03/04/03 5 0-03-1392 CITY MANAGER I DEPARTMENT HEAD i FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a zoning change from AG to R20, 0.955 acres located on the west side of Pool Road in the 3400 block, Case Z-03-003 First Reading and Public Hearing Backqround Roman Waschka has applied for a zoning change on 0.995 acres of land located on the west side of Pool Road, north of Highland Meadows Drive. The owners have 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 create a building site for a new residence. The property under consideration is a portion of two separate parcels of land. The property is a portion of the Chowning Addition, a multi-acre residential lot, and a portion of an unplatted tract of land adjacent to the lot. The combined acreage of the property proposed for rezoning is 0.995 acres, or 41,617 square feet. The owner intends to plat the parcels into a single lot, which would exceed the requirements of the R20 zoning district. 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 proposed lot is 100 feet wide along Pool Road, 416 feet deep, and 41,617 square feet in area. The surrounding property is single-family residential in nature. Properties to the north, south and west are zoned AG Agricultural and consists of single family residences. Properties to the east across Pool Road are zoned residential but are located in the city of Grapevine. 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. Agenda Briefing Ordinance 0-03-1392 Page 2 of 2 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. 5. 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. The most recent traffic count for Pool Road, taken in 1995, indicates an average of 6,366 vehicles per day traveled Pool Road between Highway 26 and Hall Johnson Road. 6. Public Notification. Staff mailed notices to six (6) adjacent property owners regarding this request. 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'Sp.. ~~~ ~:B :';;;~ ~"$ Ii ~~~ ~- ~]:a =1.- ~~.s t;:S~ ~:s';.-' ~ ~::s 'O~ ~i ~~ '" e ~w 8~ ~~ ~~ ~_';lI!. 0- a! ~" i~ - . 1>'0 ::~ ~. ~! ~~~ ~ .... ~~3 !: ~~ ON O~ ~; ~ " w 0 ~~ ~,- ~L ~~5 ....,.. - .- 24 ""0 0 - . .;j\I If ~..., r R 0 r ..or AG~ ;:0 0 ~~ r"'1o. -- ICD KI 'S~~ j ..' 'IV rl:l - , "T"d\ICI \Ie r,AI.(~ IN . E; - f ~- 2~ 0 \ ~. .. -v S ~I r- ... L W' ....tjlK N e ) ~o~ 0\ L.. .. o\,# ~c,"'O rle ... ".e ~ - ...J 'I., '. I A-..{ Ii: ..&. \,.l ,n ~\,# [;LFI\If UI-'I::.( IK~ \ \ ,- ~ 'f -.1 ~ AG 0 e ~ It- ~ l\1i~ddn ... ~ r:le -..- ta ~ j M g~ t ,-----' - .- ~ h1:: f(-W- ~ \II ~i=1'I.1 ~~ ~n i r~ !I )Jtu - f- yh.otVnin9 ~ j\ddtte "'" .I~ ~ $11- ~ K" I\. '\.. '\.. '\.. '\.. 'UK ~ R GLENN ,\ .\ 'JV -:;' \ L~h I 1 ~ !: " ,,' It ~Nn ~A.I )W )R I I ~ ~~l:)-~ 0-99-1183 {22} ! ;;:: I, T1 Rodney & Linda Waschka 3430 Pool Road Grapevine, TX 76051 City of Grapevine P.O. Box 95104 Grapevine, TX 76099 L. Edward & Jacqueline Nied 143 N. Greenstone Lane Duncanville, TX 75116 John & Wanda Daley 3434 Pool Road Grapevine, TX 76051 City of Colleyville Robert Bachman 3536 Pool Road Grapevine, TX 76099 Julio Matheus 6202 Connie Lane Colleyville, TX 76034 Comvlimentar)! COv)! To: Heritage Colony HOA Joe Sanders, President 2805 Flintlock Colleyville, TX 76034 Case Z-03-003 (Notices dated: January 31, 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 ofthe proposed change request as required by the Texas Local Government Code ;:lr:'d the Colleyville Land De~elopment Code. Jan Levy rJ.---- Planning & z~n~g Assistant ORDINANCE 0-03-1392 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 0.955 ACRES OUT OF THE ROBERT CHOWNING SURVEY, ABSTRACT 294, 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 Roman Waschka on January 20,2003, under Case No. Z-03-003; 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 by metes and bounds as shown in Exhibit "8", 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 0-03-1392 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 Exhibit B Metes and Bounds Description Tract 1 All of that certain lot, tract or parcel of land situated in the Robert Chowning Survey, Abstract No. 294, Tarrant County, Texas, being a portion of Lot 1 R, Block 1, Chowning Addition, an Addition to the City of Colleyville, Tarrant County, Texas according to the plat recorded in Cabinet B, Slide 1263. Plat Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a % inch steel rod with cap stamped "MOAK SURV INC" set for the most southerly southeast corner of said Lot 1 R, said rod being in the westerly right-of- way line of Pool Road (a variable width public right-of-way); THENCE South 89 degrees 59 minutes 10 seconds West with the southerly boundary line of said Lot 1 R (the basis of bearings of the herein described tract) a distance of 407.66 feet to a % inch steel rod with cap stamped "MOAK SURV INC" set from which a 5/8 inch steel rod with cap stamped "TL T RPLS #1237" found for the most southerly southwest corner of said Lot 1 R bears South 89 degrees 59 minutes 10 seconds West at 195.55 feet; THENCE North 00 degrees 22 minutes 00 seconds East a distance of 100.00 feet to a ~ inch steel rod with cap stamped "MOAK SURV INC" set; THENCE North 89 degrees 59 minutes 1 0 seconds East a distance of 1 00.00 feet to a ~ inch steel rod with cap stamped "MOAK SURV INC" set in the easterly boundary line of said Lot 1 R; THENCE South 00 degrees 22 minutes 00 seconds West with said easterly boundary line a distance of 75.92 feet to a 5/8 inch steel rod found for an inner corner of said Lot 1R; THENCE North 89 degrees 47 minutes 05 seconds East with the northerly boundary line of said Lot 1 R a distance of 307.81 feet to a ~ inch steel rod with cap stamped "MOAK SURV INC" set in said westerly right-of-way line; THENCE South 00 degrees 40 minutes 30 seconds West with said westerly right-of- way line a distance of 25.17 feet to the PLACE OF BEGINNING and containing 0.4035 acre of land, more or less. Exhibit B Metes and Bounds Description Tract 2 ALL of that certain lot, tract or parcel of land situated in the Robert Chowning Survey, Abstract No. 294, Tarrant County, Texas being a portion of that same tract of land described in deed to John Edward Daley, Jr. and wife Wand Lee Daley as recorded in Volume 3353, Page 409, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a % inch steel rod with cap stamped "MOAK SURV INC" set in the westerly right-of-way line of Pool Road (a variable width public right-of-way); THENCE South 89 degrees 47 minutes 05 seconds West, passing at 13.88 feet a % inch steel rod with cap stamped "MOAK SURV INC" set for the most easterly northeast corner of Lot 1 R, Block 1, Chowning Addition, and Addition to the City of Colleyville, Tarrant County, Texas according to the plat recorded in Cabinet B Slide 1263, Plat Records, Tarrant County, Texas and continuing with the northerly boundary line of said Lot 1 R (the basis of bearings of the herein described tract) a distance of 321.68 feet to a 5/8 inch steel rod found for an inner corner of said Lot 1 R; THENCE North 00 degrees 22 minutes 00 seconds East with the easterly boundary line of said Lot 1 R a distance of 75.92 feet to a % inch steel rod with cap stamped "MOAK SURV INC" set; THENCE North 89 degrees 59 minutes 1 0 seconds East a distance of 316.02 feet to a % inch steel rod with cap stamped "MOAK SURV INC" set in said westerly right-of-way line, said rod being in a curve to the left whose center bears North 85 degrees 39 minutes 27 seconds East at 2040.00 feet; THENCE southerly with said right-of-way line and said curve through a central angle of 00 degrees 22 minutes 50 seconds and an arc length of 13.55 feet to a % inch steel rod with cap stamped "MOAK SURV INC" set for the beginning of a curve to the right whose center bears South 85 degrees 16 minutes 37 seconds West at 1960.00 feet; THENCE southerly continuing with said right-of-way line and with said curve through a central angle of 0 1 degree 47 minutes 43 seconds and an arc length of 61.41 feet to the PLACE OF BEGINNING and containing 0.5519 acre of land, more or less. CITY COUNCIL City Of ~ f?\Ioo~JA91llilce ~\EI "'l'x~$ AGENDA BRIEFING MEETING DATE: ! 03/04/03 ITEM # : 6 ORDINANCE # : 0-03-1393 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: PUBLIC WORKS SUBJECT: An Ordinance Replacing Ordinance 0-71-24 and Ordinance 0-83-493 and Approving to set forth uniform requirements for users of the Publicly Owned Treatment Works (POTWs) for the City of Colleyville enabling Colleyville to comply with all applicable state and federal laws First Reading and Public Hearing On June 26, 1978, the United States Environmental Protection Agency published a rule, which established mechanisms and procedures for enforcing National Pretreatment Standards controlling the introduction of wastes from non-domestic sources into Publicly Owned Treatment Works (POTWs). (Amended January 28, 1981). This rule, 40 CFR 403, requires that a Pretreatment Program be developed for all Regional Wastewater Systems. As the owner and operator of the Central Regional Wastewater System, the Trinity River Authority (TRA) must conform to this rule. As a contracting party of the Regional Wastewater System, the City of Colleyville must also comply with this rule. The Trinity River Authority (TRA) prepared an ordinance for consideration and approval of its contracting parties. This ordinance will replace Ordinance 0-71-24 and 0-83-493 in the Code of Ordinances providing guidelines for future industrial growth. In addition to Ordinance 0-03- 1393, EPA, Rule 40, CFR 403.9 (b) requires a resolution reflecting the endorsement or approval of the local boards of council responsible for supervising and/or funding the Publicly Owned Treatment Works (POTWs) and an attorney's statement. This resolution will be placed on the March 18, 2003, City Council agenda for consideration. Upon City Council approval, City Attorney Ross Foster will execute the attorney's statement. City Attorney Ross Foster has reviewed the proposed ordinance, resolution and attorney's statement. Financial Impact As per discussions with TRA Environmental Inspector Sharon Doyle, the City of Colleyville does not currently have any known industrial users; therefore, the financial impact to the City of Colleyville would be minimal. TRA has estimated the annual cost of $2,000. The funding source would be the Utility Operating Budget. Agenda Briefing Ordinance 0-03-1393 Page 2 of 2 Recommendation Approval Attachments: . Ordinance 0-71-24 . Ordinance 0-83-493 . Ordinance 0-03-1393 /. J; 1':1./1 ~- y'"' VOl {f,.~02 P/lCf tifi [) CITY OF COLLF:YVILLE 1,3., TAJ<Ri\l'\T COUNTY VOLUME I ~PAGE /f,/ ORDINANCE NO. 0-71-24 AN ORDINANCE ESTABLISHING REGUIATIONS COVERING INDUSTRIAL WASTES; DEFINL1<G TERMS; PROHIBITING SOME WASTES; PROVIDING LIMITS FOR B.O.D., TEJ.1PERATURE, ACIDS, ALKLINES, SYNTHETIC PRODUCTS, EXPLOSIVE MIXTURES, GREASES AND OIIB; REQUIRING PRETREATMENT; PROVIDING FOR RATES AND SURCHARGES; PROHIBITING OUTSIDE SOURCE OF WATER; REQUIRING SUBMISSION AND APPROVAL OF PlANS & SPECIFICATIONS; SETTING FORTH REQUIREMENTS FOR TREATING AND CONTROL FACILITIES; PROVIDING FOR CITY INSPECTION AND TESTING; PROVIDING AUTHORITY TO DISCONNECT; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVItING FOR METHOD OF PUBLICATION AND EFFECTIVE DATE; COtfiAINING A SEVERABILITY CIAUSE; AND DECLARING AN EMERGENCY. 'AHEREAS, The City Council of Colleyville, Texas, rinds that it is necessary and essential in the public interest of the health, safety and general welfare of the citizens of the City of Colleyville, Texas, to cnact provisions governing the discharge of wastes into the ci.ty sewage facilities, to read hereafter in full as Clore particularly provided in the body of this ordinance. NOW, THEREFORE, BE IT ORDAINED :BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: SECTION 1. DEFINITIONS. The following words and phrases shall have the meanings herein ascribed to them: B.O.D.. denotin~ Biochemical Oxy~en Demand means the quantity of oxygen utilized in the biochemical oxidation of organic matter by standard methods procedure in five (5) days at twenty (20) degrees C., expressed in paxts per million by ~ight. C11Y means the City of Colleyville, Texas, or any authorized pereon acting in ite behalf. Domestic Sewage meane water-borne wastes normally discharged from sanitary convenienccs of dwellings, including apartment houses and hotels, office buildings, factories and institutions, free from l'ltorm surface water and industrial wastes. Normal domestic sewage shall mean normal sewage ror Colleyville, Texae, in which the average concentration of suspended materials and five (5) day :B.O.D. is established at two hundred fifty (250) parts per million each, by weight, on the basis of the normal contribution of twenty hundreths (0.20) pounds per capita. It is further expressly provided that for the purpol'le of this ordinance, any waste that exceec.s the above concentration of suspended materials and/or B.O.D. shall be classified as industrial wastes and made subject to all regulations pertaining thereto, whether or not such waste was p&rtially or domestic origin. e - 7/-,,;zQ VDl6~(J~ flAG! h4J. VOL Ul::E __I~. J' AG E It,2 varba~e means solid wastes from the preparation, cooking and disposing of food, and from the handling, storage and sale of produce. Industrial wastes means all water-borne solids, liquids, or gaseous wastes resulting from any industrial,- manufacturing or food processing operation or ~roce!s, or from the development of any natural resources, or any mixture of these with vater or domestic sewage as distinct from normal domestic sewage. Manal'(er means the manager of the water I\nd sewer systems of the City, or his authorized deputy, agent, or representative. PersoD. establishment or owner means any individual, firm, company, association, society, corporation, partnership, or group, their agents, servants or employees. ~ means the logarithm (base 10) of the reciprocal of the hydrogen-ion concentration of a solution. fI2perly shredded garbase means the wasteB from the preparation cooking, and dispensing of food, exclusive of egg sheIla, bones, etc., that have been shredded to such degree that all particles will be carried freely under the flaw conditions normally prevailing in public sewers, with no particles greater than one-half (1/2) inch in any dimension. Public Bewer means a sewer in which all owners abutting properties shall have equal rights, and is controlled by public authority. ~ni tig'y_'!!!~~_~ means a public sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted. ~ means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments. Sewage works means all facilities for collecting, pumping, treating and disposing of sewage. Sewer means a pipe or conduit for carrying sanitary sewage. Sewa~e treatment ~lant means any city owned facility, devices and structures ueed for receiving snd treating sewage from the city sanitary sewer system. Suspended solide means solids that either float on the surface, or are in suspension in water, sewage, or other liquids; and which, in accordance with standard methods, are removable by laboratory filtering. -2- f)-?/~~i( L':'>i(J'l L.:. · ,,) VOL U~ 4 PAG~ ut}r;",. VOLUME_ JPAGE lis St~ndard methode mean~ the laboratory proceduree eet forth in the latest eoition, at the time of analyeie, of Standard Methods for the Examination of W~ter and Waete Water ae prepared, approved, and published jointly by the American public Health Aesociation, the American Water Worke A9sociation, and the Water Pollutio~ Control Federation. Unpolluted w~ter or waste meana any water or waete containing nOne of the following: free or emulsified grease or oil, ~cid or alk~li, phenole, or other eubstancee in euspension, colloidal state or solution, and noxioUB or Odorous gaees. It shall contain not more than ten parts per million each of suspended solids and B.O.D. The color shall not exceed fifty parts per million. SECTION 2. PROHIBI'IED WASTES. A. No person shall discharge, or cause to be diecharged, into any sanitary sewer any of the following described eUbBtanceo, material, waters, or wastes: (1) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees fahrenheit (sixty-five It (65) degreee centigrade), or any dischar@e whiCh causes the temperature of the tetal treatment plant influent to increase at a rate of ten (10) degrees Fahrenheit or more per hour or a combined total incre~ee to a plant influent temperature of one hundred ten (110) degrees Fahrenheitj (2) Any wster or wastes which contain w~x, gre~se Or oil, plastic, or other substance that will solidify or become diecernibly viscous at temperatures between thirty-two (32) degreee to one hundred fifty (150) degrees Fahrenheitj (3) Flammable or exploeive liquid, Bolids or g~s, such ae gaSOline, kerosene, benzine, napth~, etc.; (4) Solid or viscous 3ubst~nces in quantities capable of caueing obetruction to the flow in sewers, or other interference with the proper operation of the sewage works such as ashes, cinders, sand, mud, straw, shavinge, metal, glass, ragee, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleehings, entr~i18, lime slurry, lime residues, slope, chemical residuee, paint residuee or bulk solidsj -3- f)-?!~:J.t{ lJolu4trl t'~.64J V01'11.fS _ r PAGE /~ 1 (5) Any garbage not within definition of properly shredded garbage as defined in SECTION 1 hereof; (6) Any noxious or malodorous substance and which can form a gas, which either singly or by interaction with other wastes, is capable of causing objectionalbe odors; or hazard to life; or forms solids in concentration exceeding limite established in paragraph B of this section; or creates any other condition deleterious to structures or treatment processes; or requires unusual provisions, attention, or expense to handle such materials. B. Except in quantities, or concentration, or with provisions as stipulated herein, it shall be unlawful for any person, corporation or individual, to discharge water or wastes to the sanitary sewer containing: (1) Free or emulsified oil and grease exceeding on analysis an average of one hundred (100) parts per million (eight hundred thirty-three (833) pounds per million gallons) of either or both or combinations of free or emulsified oil and grease, if, in the opinion of the manager, it appears probable that such wastes: (a) Can deposit grease or oil in the sewer lines in such a manner as to clog the sewers; (b) Can over-load skimming and grease handling equipment. (c) Are not a1!lt'!ndable to bacterial action and will therefore pass to the receiving waters without being affected by normal sewage treatment processed; or, (d) Can have deleteriOUS effects on the treatment process due to the excessive quantities. (2) Acids or alkalies which attack or corrode sewers or sewage disposal structures, or have a pH value lower than 5.5 or higher than 9.5; (3) Cyanide or cyanogen compounds capable of liberating hydrocyanic gas or acidification in excess of two (2) parts per million by weight as eN in the wastes from any outlet into the public sewers; -4- tJ- ?/-~t/ VOLU1~_I rAGE /~ va. ~O~ ""e~ 01 i. (4) Materials which exert or cause: (a) UnusUAl concentrations of solids or composition; as for example; total suspended solids of greater than 250 parts per million of inert nature or such as Fuller's Earth and/or total dissolved solids such as sodium chloride,or sodium sulfate; (b) Excessive discoloration; (c) Biochemical oxygen demand or an immediate oxygen demand greater than two hundred fifty (250) parts per million; (d) High hydrogen sulfide content, or (e) Unusual flow and concentration shall be pretreated to a concentration acceptable to the Colleyville Sever System if such wastes can cause damage to collection facilities, impair the processes, incur treatment cost exceeding those of normal sewage,or render the water unfit for stream disposal or industrial use. SECTION 3. rRETREATMEID.' AND CONTROL OF INDUSTRIA To WAS'l'ES A. persons or owners discharging industrial wastes which exhibit any of the prohibited wastes set out in this ordinance shall be required to pretreat said vastes or otherwise dispose of such wastes so as to make the remaining waste acceptable to the City of Colleyville prior to admission of said waste into a sanitary sewer. B. Plans, specifications, and any other pertinent information relating to proposed pr~liminary treatment and control facilities shall be submitted for the approval of the City of Colleyville, and no construction of such facilities shall be commenced until approval is obtained in writing. Preliminary treatment and control facilities shall be canstructea so as to provide all of the following: (1) Prevention of prohibited waste from entering a sanitary sewer; (2) Control of the quantities and rates of discharge of industrial wastes into a sanitary sewer; and, (3) An accessible entry so that ~ny ~uthorized employee of the City of Calleyville may readily ~nd safely measure the volume and samples of the flow prior to the admission of said industrial wastes into a sanitary sewer. -5- D-?I-;l'l (l(JO') L~" VOl.. v,.;, ~ >>\GI u40 tOLUME~_PAGE /&2 SECTION 5. i>lffllORITY TO DISCONNECT SERVICE. The City shall retain the right to disconnect waste disposal service in the following circumstances: A. Where acids or chemicals damaging to sewer lines or treatment processes are released to the sewer causing rapid deterioration of these structures or interfering with proper treatment of sewage, the City is authorized immediately to terminate eervice by such measure as are neces!l!l,ry to protect facilities. B. Where any governmental agency informs the City thst the effluent from the treatment plant ie no longer of a standard permitted for release into the watercourse and it is found that the owner is delivering waste water to the City's system that cannot be sufficiently diluted by mixing with the City's waste or requires treatment that is not prOVided by the City as normal domestic treatment. In this instance, the City shall immediately supply the owner with the governmental agencies report and provide the owner with all pertinent information. The owner's waste line will then be disconnected when the City is informed that it can no longer continue to release their effluent into the watercourse. The owner's waste treatment service shall remain disconnected until such time that the owner has provided additional pretreatment facilities designed to remove the objectionable cause from )WOer's industrial wastes; C. Where the owner delivers his waste W'ater at an uncontrolled, variable rate in sufficient quantity that it causes an imbalance in the sewage treating system. SECTION 6. 5EPEALER. All ordinances and parts of ordinances inconsistent with or in conrlict with the provieions of this ordinance sh~ll be and the same are hereby expressly repealed. SECTION 7. PENALTY. Any person, firm or corporation violating any proviSions of this ordinaqee shall be guilty or a misdemeanor, and shall upon conviction be fined in a sum not to exceed Two Hundred Dollars ($200.00) with each day of violation constituting a separate violation of this ordinance. SECTION 8. PUBLICATION. The City Secretary shall cause the publication of the caption and penalty clause of this ordinance in two consecutive issues of the official paper of the City of Colleyville, Texas, and said ordinance shall become effective ten (10) days ~fter the date of its passage. -7- () - ?/~I( VOL W~(}~ PAG' fj~l;) y. . '.. ' '._ ': ',cJ ... /'./'/ /.. "V ;>L ~ ;r. f:~, ..1-. ., {l.2!L C. When preliminary treatnent and control facilities are provided for any water or wastes, they shall be maintained continuously in satisfactory and effecti~ operation by the owner at his expense. D. The ~~yor ~nd other ~uly authorized err.ployees or representatives of the City of Colleyville acting as his duly authorized agent and bearing proper credentials and identification, shall be permitted to gain access to such properties as may be necessary for the purpose of inspection, observation, measurement, sampling and testing of sewage and/or industrial wastes. SECTION 4. ij,URCHARGE FOR WASTES 01' ABNORMAL STRENGTH. A normal service charge shall be established by the City of Colleyville for any person, firm, owner or corporation discharging wastes into the system, provided that the B.O.D. in the waste water or the suspended materials does not exceed the normal concentration of two hundred fifty (250) ppm. \'hen either the B.O.D. or the suspended solids or both are found to exceed the stated two hundred fifty (250) ppm at the point entering t~e City's system, a surcharge shall be applied to the billing rate by multiplying the normal service base rate by the factor obtained from dividing the actual measured B.O.D. by two hundred fift.y and also by the factor obtained from dividing the actual measured ~uspended 801ids by two hundred-fifty, each such factor to be applied individually and only when greater than one. The surcharge will be made for each factor that exceed one and shall be additive. The determination of B.O.D. ~nd suspended materials shall be by an independent laboratory selected by the City. The time of selection of the sample shall be at the sole discretion of the City. The applicable surcharge determined by such tests shall be retro-active for two billing periods lind shall continue for six (6) billing periods unles8 subsequent tests determine that the surcharge should be further increased. When any such tests made at the discretion of the City shows that a surcharge shall be applied, continued or increased over the base rate, whichever is applicable, then the owner shall be billed ~t the rate of Five Dollars ($5.00) for each test to cover the cost of sampling, mailing and handling plus the laboratory feee. When a surcharge is in effect, the test will be made at least fifteen (15) days. When such tests made at the discretion of the City reveals that the surcharge is no longer applicable, then no costs will tie made to the owner for such test or tests. -6- 0-71-;11 V{JI. fj20~ p,.,o tj4 7 TOLUHE _J:__TAGT!; Ilrl SECTION 9. SEVERABILITY. If any section, paragraph, subdivisiDn, clause, phrase Dr provision of this ordinance shall be Judged invalid or held unconstitutional, the same shall not in any manner be SO construed as to effect the validity of the remainder Df this ordinance as a whole or any part Dr provisiDn thereof, other than the part SO decided tD be invalid or unconstitutional. SECTION 10. ,EMERGENCY. The fact that the City Df CDlleyville is in need of the above ordinance and there does not now exist any such ordinance creates an emer@ency and imperative necessity requiring the suspensiDn of any rule that requires that ordinances should be read at three separate meetings of the CounCil, and such rule is hereby suspended and this ordinance shall be effective frDm and after its passage and publications as required by law. APPROVED AND PASSED in special Council Meeting on this the~ 8 U tu2. . ---' 1971. uay Df . . , - . --;> ~:7 /./' I, "/~/~J /;~~,.7'( G.:r'. /(/...A(//~a"<f'J / FRANY". L. HHITMIRE, MAYOR .~. . ATl'EST': ~'1a '/xA l.-f ' L.I Ji CE STEWAmJ, CITY ~- APPROVED AS TO FORM AND LEGALITY: ~cro,~ (. " .. I .; .~ , ., -8. t'()U' >) !JAG! b1d VOL Or", .. r, ".1 -0 ~'(.,I:. T ~':\A'" ^ 4 :.'.. (') :.J N 1" 'r', ", v '.',.,!'T~:-\/~,., I L f t,jl,f lS PM -'.. ",'" /;\..,' : ')'{);:.i'iy c ~ i ('\ . ., '~~ ~ "" ~Jf "\, - "., ~ "I '0':::, ,... ..(, ~~ ~ ,..,~~~, '~ STA~ OF TExA!J--" COUNTY OF TAR~~~ I ' Ilereby certify that this illStrume/lt "" FIlED 011 ~ lIIte and al the Nrn. smmpO<1 her"," by me and Wls dult ' RECORDED In the Volum. Ind Page of th. DEED lfECORDlI of Ta".nt COUn!y, Te..s U $lImped hereOn by me. .~ r-7,"~' . t>.,..-.... tY/c.\', ,"1 : \:,\ . MAR 29 1977 ~ : ,<'lI .'" .;1' :?/ ..A ~__.__ ". '" ~if';c<"'~"-'~~ . ", '~'-JV , })J.'J ._' Ii;:"" ~ ~ ~ 'J. "'" '" ~ II II I Aa1M <1-c:;- ~3 ~ 'fJrfJp. m I 47-' 1 2 3 0-83-493 .j ORDINANCE NO. 4 AN ORDINANCE AMENDING CHAPTER 11 OF THE COLLEYVILLE CITY CODE, SECTION 2, BY ADDING DEFINITIONS OF SIGNIFICANT INDUSTRIAL USER AND TOTAL TOXIC ORGANICS; PROHI8ITING DILUTION AS A MANNER OF REDUCING PROHIBITED POLLUTANT CONCENTRATIONS; MODIFYING AND SPECIFYING PROHIBITED POLLUTANT CONCENTRATIONS; PROVIDING FOR PUBLIC NOTIFICATION OF INTRODUCTION OF NOXIOUS, INDUSTRIAL WASTE INTO THE SEWAGE SYSTEM; REQUIRING ALL INDUSTRIAL USERS TO COMPLY WITH APPLICABLE FEDERAL AND STATE STANDARDS; PROVIDING FOR A PERMIT PROCEDURE, COMPLIANCE TIME AND CONFIDENTIALITY OF INFORMA- TION OF SIGNFICANT INDUSTRIAL USERS; MODIFYING THE CITY'S KIGHT UF ACCESS FOR THE PURPOSE OF MONITORING SEWAGE DISCHARGE; PROVIDING FOR THE APPOINTMENT OF A TESTING LABORATORY; REQUIRING SIGNIFICANT INDUSTRIAL USERS TO PAY ALL COSTS OF MONITORING; REQUIRING SELF-MONITORING AND REPORTS; PROVIDING FOR THE DISCON- I NECTION AND RECONNECTION UF SEWER SERVICE FOR VIOLATION AND I SUBSEQUENT COMPLIANC~ WITH THE PROVISIONS OF CHAPTER 11; CONDI- TIONING RECONNECT ION UPON THE PAYMENT OF ALL COSTS OF DISCONNEC- I IION AND RECONNECTION OF SEWAGE SERVICE; PROVIDING FOR THE REVO- III CATION OF PERMITS; ESTABLISHING A PENALTY AND AUTHORIZING PUBLI- CATION. 5 6 7 8 9 10 11 12 13 14 WHEREAS, the City Council has amended the waste water service contract with the Trinity River Authority of Texas in relation to the induction of industrial waste and pre-treatment of industrial was~e; and, 15 16 WHEREAS, this modification was required pursuant to the published. administrative rules of the United States Environmental Protection Agency; and. 17 WHEREAS, the aforesaid contract amendment and rules of the United States Environmental Protection Agency require certain modifications to the existing Colleyville Code dealing with waste water; and, 18 19 20 WHEHt;AS, it is the opinion 01 the City Council that the fOllOWingl amendments promote the health, safety and welfare of the citizens of the City of Colleyville; NOW, THEREFORE, I I BE IT ORDA INED BY THE CITY COUNC IL OF THE CITY OF COLLEYVILLE, TEXAS: 21 22 Sec. 1. THAT Part A of Section 2 of Chapter 11 of the 23 Colleyville City Code be amended by adding thereto the following additional definitions: 24 25 1 2H ..~ I 1/ 1 2 3 4 5 6 7 8 9 10 11 12 II Sec. 2. 13 'I 14 15 16 II 17 I 18 19 20 21 22 Sec. 3. 23 I : I 24 II 25 26 j, "(19) _~_~~_~~fi~ant Industrial User (S.IU) - Any industrial user who is connected or desires to connect to the City's domestic waste water collection system and meets at least one of the following criteria: (i) Average industrial waste water discharge rate greater than 50,000 gpd. (ii) B.O.O. and/or suspended solids concentra- tion in industrial waste water greater than 250 mg/l. (iii) Industrial category regulated by national pre-treatment standards as promulgated by the Dnited States Environmental Protection Agency. (20) Total Toxic Organics - The sum of all detected concentrations greater than 10 micrograms per litre for! all organid compounds classified as priority pollutants' by the United States Environmental Protection Agency." THAT Part 8(2) of Section 2 of Chapter 11 of the Colleyville Code wherein it is stated: "Except in quan ti ties, or concen tra tion, or with pro- visions as stipulated herein, it shall be unlawful for any person, or corporation, or individual, to discharge water or waste into the sanitary sewer containing:" be amended to read as follows: "Except in quan ti ties, or concen tra tion, or with pro- visions as stipulated herein, it shall be unlawful for any person, corporation or individual, to discharge water or waste into the sanitary sewer containing any of the following pollutants in the prohibited concentrations. For the purpose of deter- mining quantities or concentration of pollutants, the measurement thereof shall not take into consideration any dilution of the discharge by water or other liquid occuring after the manufacturing process which gener- ated the pollutants." THAT part B(2)(c) of Section 2 of Chapter 11 of the Colleyville City Code be amended by entirely deleting same and in substitution therefor inserting the following: 2 "( c) Any wa s te or wa ters exceeding the concen tra tion s listed below: Pollutant Maximum Allowable Concentration (mg/l) An timony Arsenic Barium Beryllium Hi smu th Bo r on Cadmium Chromium (to;tal) Cobalt Copper Cyanides Fluorides Hydrogen Sulf'ide Lead Man ganese Mercury Mol ybdenum Nickel Phenol Selenium Silver Tin Uranyl-Ion Zinc Cyanides or Cyanogen Compounds (capable of liberating hydrocyanic gas on acidification) Total Toxic Organics O.OlU 0.100 2.000 0.010 0.500 1.000 0.100 3.500 1.000 2.500 1.000 1.500 0.100 2.000 3.500 0.005 1.000 1.500 0.005 0.020 0.100 1.000 5.000 2.500 0.200 1.000 THAT part B of Section 2 of Chapter 11 of the Colleyville City Code be amended by adding thereto a Part (3) which shall provide as follows: "(3) In the event of any significant introduction 3 1 2 3 4 5 6 Sec.5. I 7 I II 8 9 Sec. 6. 10 11 I 12 i i 13 II i I I 14 I 15 16 17 18 I 19 I 20 I 21 I 22 I I 23 24 25 26 into the sanitary sewer of the pollutants in the concentrations prohibited by Part (2) nereof, the City shall take such measures as it deems sufficient to notify the public of the potential hazards to health engendered by the introduction of the aforesaid pollutants." THAT part C(2) of Section 2 of Chapter 11 of the Colleyville City Code be amended by adding Part (d) thereto providing as follows: "(d) Compliance with all applicable federal categorical pre-treatment standards, as well as any applicable state and local standards." THAT part C of Section 2 of Chapter 11 of the Colleyville City Code be amended by adding thereto Sections (2.1) through 2.3) providing as follows: , "(2.1) Each existing and future SIU shall complete and submit a permit application containing the information specified in the sample application attached hereto as Exhibit 'A' and incorporated herein. Within 30 days after the receipt of a permit appliction, the City shall forward same to the Trinity River Authority of Texas. The Trinity River Authority shall provide comments on said application within 30 days of receipt and return its comments to the City. The failure of the Trinity River Authority to comment upon the permit application within 30 days of its receipt shall constitute approval by the Authority of the permit. After approval of the permi t appl ica tion by both the Ci ty and the Authority, the City shall issue a permit to discharge which shall be in the form as attached here to a s Ex hi bit 'B. I (2.2) A permit to discharge shall be required of all SIU's prior to the introduction of any industrial waste into the sewage system. Any SIU currently discharging waste into the sewage system shall have 180 days to comply with the requirement of a permit. (2.3) The SIU by a document accompanying its appli- cation for permit may designate such infor- mation in the permit application which shall 4 1 2 3 4 5 Sec. 7. 6 7 II 8 9 I' 10 11 12 13 14 15 16 17 Sec. ~. 18 19 20 21 22 23 24 II 25 26 I J be maintained as confidentlal. The City shall not publicly disclose the information desig- nated as confidential by the SIU unless required by an applicable state or federal statute. THAT part C(4) of Section ~ of Chapter 11 of the Colleyville City Code be amended by entirely deleting same and substituting therefor the following: "(4) The City Manager and other duly authorized employees or representatives of the City of Colleyville acting as its duly authorized agent and bearing proper credentials and identifica- tion, shall be permitted to gain access at any time to such properties as may be necessary for the purpose of inspection, observation, measure- ment, sampling and testing of sewage and/or indus4rial waste. The City Manager from time to time shall designate or approve one or more laboratories for the purpose of analyzing industrial waste to determine compliance with the provisions of this chapter. All costs of analyz- ing industrial waste shall be borne by the person,: firm or corporation producing the waste, and said cost shall be paid within 30 days of demand by the: Ci ty . "(4.1) The Ci ty Manager shall from time to time establish self-monitoring and testing re- quirements for the waste introduced into the sewage system by all SlUs." THAT part E(2) of section 2 of Chapter 11 of the Colleyville City Code be amended by deleting same in I' its entirety and substituting, therefore, the following: I I I I I "Where the Clty determlnes that an SIU is introducing prohibited waste into the sewage system, or that an SIU is violating its discharge permit, or that an SIU is introducing waste into the system without a dis- charge permit, or that an SIU has or is committing any other violation of section 2 of Chapter 11 of the Colleyville Code, the City may immedidately disconnect the SIU from the City sewer system. further, where any governmental agency informs the City that the effluent from the treatment plan is no longer of the standard permitted for release into the water course and it is found that the owner is delivering waste 5 II II 1 i I 2 3 4 5 II 6 I' d 7 I I 8 I 9 il 10 II !I I' 11 ,I II Ii 12 II II I' 13 il , , ij 14 I' 15 .1 II 16 Ii I' 17 'I II 18 II 19 I' 20 I I, 21 II 22 II ,I 23 II I I I 24 I, 25 I 26 II I 1 water to the City's system that cannot be sufficiently diluted by mixing with the City's waste or requires treatment that is not provided by the City as normal domestic treatment, the City shall so notify the owner and the City may disconnect the owner from the sewage system. The owner's waste treatment service shall remain disconnected until such time that the owner has complied with all of the provisions of section 2 of Chapter 11 of the Colleyville Code and/or provided additional pretreatment facilities designed to remove the objectionable cause from the owner's industrial waste. No reconnection of the City sewage system shall be made until the owner has paid all cost of the origina 1 disconnec tion an d reconnec tion of sa me." Sec. 9. THAT section 2 of Chapter 11 of the Colleyville City Code be amended by adding thereto a part F, providing as follows: i "F. R~VOCA'fION OF PERMIT. Where the City determines that an SIU is introducing sewage into the City's sewage system in violation of its discharge permit, or that the SIU has given false information in its application for a permit, or determines that the SIU has given false information in its self-monitoring and reporting process, or that the SIU is in violation of any provision of section 2 of Chapter 11 of the Colleyville City Code, the City may revoke the SIU's dis- charge permit." Sec. 10. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Hundred Dollars ($200.00). Each and every day such violation con- tinues shall constitute a separate offense and is punishable as such. Sec. 11. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause of this ordinance as an alternative method of pUblication provided by law. AND IT IS SO ORDERED. b 1 2 3 4 5 I II I CITY OF COLLEYVILLE By.dk(!t~ Ma yor 6 7 8 9 10 , ATTEST: I~, ~ 1 LaVada JOhnSOn~ II ::::o:::r::a:: Form and Legl i ty. 11 12 13 14 J;;i[~ 15 I II 16 Ci ty Attorney '1 17 18 I 19 II II 20 21 22 23 24 25 7 26 ORDINANCE 0-03-1393 AN ORDINANCE REPLACING ORDINANCE 0-71-24 AND ORDINANCE 0-83-493 AND APPROVING TO SET FORTH UNIFORM REQUIREMENTS FOR USERS OF THE PUBLICLY OWNED TREATMENT WORKS (POWTs) FOR THE CITY OF COLLEYVILLE ENABLING COLLEYVILLE TO COMPLY WITH ALL APPLICABLE STATE AND FEDERAL LAWS SECTION 1 - GENERAL PROVISIONS 1.1 Purpose and Policy This ordinance sets forth uniform requirements for users of the Publicly Owned Treatment Works for the City of Colleyville and enables Colleyville to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code 9 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives of this ordinance are: A. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation; B. To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works; C. To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public; D. To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works; E. To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Publicly Owned Treatment Works; and F. To enable the Control Authority to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment Works is subject. Ordinance 0-03-1393 Page 2 of 49 This ordinance shall apply to all users of the Publicly Owned Treatment Works. The ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein. 1.2 Administration Except as otherwise provided herein, the Utility Superintendent or his designee shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the Utility Superintendent or his designee may be delegated by the Utility Superintendent or his designee to other City of Colleyville personnel. 1.3 Abbreviations The following abbreviations, when used in this ordinance, shall have the designated meanings: BOD Biochemical Oxygen Demand CFR Code of Federal Regulations COD Chemical Oxygen Demand EPA U.S. Environmental Protection Agency GPO gallons per day mg/I milligrams per liter NPDES National Pollutant Discharge Elimination System POTW RCRA Publicly Owned Treatment Works Resource Conservation and Recovery Act SIC Standard Industrial Classification Ordinance 0-03-1393 Page 3 of 49 SIU TCEQ Significant Industrial User Texas Commission on Environmental Quality TPDES Texas Pollutant Discharge Elimination System TRA Trinity River Authority TSS Total Suspended Solids TTO Total Toxic Organics U.S.C. United States Code 1.4 Definitions Unless a provision explicitly states otherwise, the following terms and phrases, as used in this ordinance, shall have the meanings hereinafter designated. A. Act or lithe Act." The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. S 1251 et seq. B. Approval Authority. The Regional Administrator of EPA or the Director of a state agency delegated to act on EPA's behalf with an approved pretreatment program (e.g. Director of TCEQ). C. Authorized Representative of the User. (1) If the user is a corporation: (a) The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or (b) The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Ordinance 0-03-1393 Page 4 of 49 (2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. (3) If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. (4) The individuals described in paragraphs 1 through 3, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City of Colleyville. D. Biochemical OXVQen Demand or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20 centigrade, usually expressed as a concentration (e.g., mg/I). E. Cateaorical Pretreatment Standard or Cateaorical Standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. 9 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. F. City. The City of Colleyville or the City Council of Colleyville, Contracting Party of the Trinity River Authority's Central Regional Wastewater System. G. Composite Sample. A sample that is collected over time, formed either by continuous sampling or by mixing discrete samples. The sample may be composited either as a time composite sample: composed of discrete sample aliquots collected at constant time intervals providing a sample irrespective of stream flow; or as a flow proportional composite sample: collected either as a constant sample volume at time intervals proportional to flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots. H. Control Authoritv. Trinity River Authority of Texas as holder of the NPDES permit. Ordinance 0-03-1393 Page 5 of 49 I. Environmental Protection AQency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency. J. Existinq Source. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. K. Grab Sample. A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes. L. Indirect Discharqe or Discharge. The introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b), (c), or (d) of the Act. M. Industrial User. An industry that discharges wastewater into the wastewater system. N. Instantaneous Maximum Allowable Discharqe Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. o. Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the Control Authority's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); 40 CFR 503 sludge regulations; any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act and 30 TAC 312; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. P. Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, Ordinance 0-03-1393 Page 6 of 49 surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. a. NPDES (National Pollutant Discharqe Elimination System). National Pollutant Discharge Elimination System permit program of the Environmental Protection Agency, and/or the permit program of the state agency delegated to act on EPA's behalf with an approved pretreatment program (e.g. TPDES or Texas Pollutant Discharge Elimination System). R. New Source. (1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or (b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (1 )(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: Ordinance 0-03-1393 Page 7 of 49 (a) Begun, or caused to begin, as part of a continuous onsite construction program (i) any placement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (b) Entered into a binding contractual obligation for the purchase of facilities or equipment, which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. S. Noncontact Coolino Water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. T. Normal Wastewater. Wastewater which the average concentration of suspended solids and five-day BOD does not exceed 250 mg/I each. U. Pass Throuoh. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the Control Authority's NPDES permit, including an increase in the magnitude or duration of a violation. V. Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. W. Q!:!. A measure of the acidity or alkalinity of a solution, expressed in standard units. X. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical Ordinance 0-03-1393 Page 8 of 49 wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). Y. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. Z. Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. AA. Pretreatment Standards or Standards. Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. BB. Prohibited DischarQe Standards or Prohibited Discharoes. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 2.1 of this ordinance. CC. Publiclv Owned Treatment Works or POTW. A "treatment works," as defined by Section 212 of the Act (33 U.S.C. 91292) which is owned by the City and/or the Control Authority. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. DO. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. EE. SewaQe. Human excrement and gray water (household showers, dishwashing operations, etc.). FF. Shall is mandatory; Mav is permissive. GG. SiQnificant Industrial User. Ordinance 0-03-1393 Page 9 of 49 (1) A user subject to categorical pretreatment standards; or (2) A user that: (a) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); (b) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (c) Is designated as such by the City on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (3) Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user. HH. Sluq Load or Sluq. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in Section 2.1 of this ordinance. II. Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget. JJ. Storm Water. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. KK. Utilitv Superintendent. The person designated by the City who is charged with certain duties and responsibilities by this ordinance, or a duly authorized representative. Ordinance 0-03-1393 Page 10 of 49 LL. Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. MM. Total Toxic OrQanics. The sum of the masses or concentration of the toxic organic compounds listed in 40 CFR 122 Appendix D, Table II, excluding pesticides, found in industrial users' discharge at a concentration greater than 0.01 mg/L. Only those parameters reasonably suspected to be present, at the discretion of the Utility Superintendent or his designee, if any, shall be analyzed for with non-categorical industries. With Categorical industries, TTOs will be sampled for as stipulated in the particular category or those parameters reasonably suspected to be present, at the discretion of the Utility Superintendent or his designee, where not stipulated. NN. User or Industrial User. A source of indirect discharge. 00. Wastewater. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. PP. Wastewater Treatment Plant or Treatment Plant. That portion of the POTW, which is designed to provide treatment of municipal sewage and industrial waste. SECTION 2 - GENERAL SEWER USE REQUIREMENTS 2.1 Prohibited Discharge Standards A. General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater, which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements. Ordinance 0-03-1393 Page 11 of 49 B. Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: (1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flash point of less than 1400F (600C) using the test methods specified in 40 CFR 261.21 ; (2) Wastewater having corrosive properties capable of causing damage or injury to structures, equipment and/or personnel of the POTW, as per the specific prohibition in the applicable local limits in Section 2.4. In no case shall wastewater containing a pH less than 5.0 be discharged unless the works is specifically designated to accommodate such discharges; (3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference, blockage, or damage to the POTW. (4) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW; (5) Wastewater having a temperature greater than 1500F (650C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 1040F (400C); (6) Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin, in amounts that will cause interference or pass through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; (8) Trucked or hauled pollutants, except at discharge points designated by the Utility Superintendent or his designee and the Control Authority in accordance with Section 3.4 of this ordinance; Ordinance 0-03-1393 Page 12 of 49 (9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair; (10) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the applicable NPDES permit; (11) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable State or Federal regulations; (12) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, and unpolluted wastewater, unless specifically authorized by the Utility Superintendent or his designee and the Control Authority; (13) Sludges, screenings, or other residues from the pretreatment of industrial wastes; (14) Medical wastes, except as specifically authorized by the Utility Superintendent or his designee and/or the Control Authority in a wastewater discharge permit; (15) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test; (16) Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW; (17) Fats, oils, or greases of animal or vegetable origin in concentrations greater than that specified in the applicable local limits in Section 2.4; (18) A discharge of water, normal domestic wastewater, or industrial waste that which in quantity of flow exceeds, for a duration of longer than fifteen minutes, more than four times the average twenty four hour flow during normal operations of the industry; (19) Insecticides and herbicides in concentrations that are not amenable to treatment; Ordinance 0-03-1393 Page 13 of 49 (20) Polychlorinated biphenyls; (21) Garbage that is not properly shredded to such an extent that all particles will be carried freely under the flow conditions normally prevailing in wastewater mains, with no particle having greater than one-half (1/2") inch cross-sectional dimension; (22) Wastewater or industrial waste generated or produced outside the City, unless approval in writing from the Utility Superintendent or his designee and the Control Authority has been given to the person discharging the waste; or, (23) Without the approval of the Utility Superintendent or his designee and the Control Authority, a substance or pollutant other than industrial waste, normal domestic wastewater, septic tank waste or chemical toilet waste that is of a toxic or hazardous nature, regardless of whether or not it is amenable to treatment, including but not limited to bulk or packaged chemical products. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. 2.2 National Categorical Pretreatment Standards The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471 are hereby incorporated. A. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, The Utility Superintendent or his designee may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c). B. When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, The Utility Superintendent or his designee shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e). C. A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different Ordinance 0-03-1393 Page 14 of 49 from the factors considered by EPA when developing the categorical pretreatment standard. D. A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. 2.3 Reserved 2.4 Local Limits The following pollutant limits are established to protect against pass through and interference. No person shall discharge or cause or permit to be discharged, wastewater containing in excess of the following instantaneous maximum allowable discharge limits into the TRA Central Regional Wastewater System: 0.2 mg/I arsenic jlLmg/1 cadmium ..,gJLmg/1 chromium ~mg/I copper ~mg/I cyanide .QjLmg/llead 0.0004 mg/I mercury ~mg/I Molybdenum 4.6 mg/I nickel 200 mg/I oil and grease jlLmg/1 selenium ~mg/I silver ~mg/I zinc Ordinance 0-03-1393 Page 15 of 49 2.13 mg/I TTO 5.5 ~ pH ~ 11.0 The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise. The Utility Superintendent or his designee may impose mass limitations in addition to, or in place of, the concentration-based limitations above. 2.5 The City of Colleyville's Right of Revision The City of Colleyville reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW. 2.6 Dilution No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Utility Superintendent or his designee may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. 2.7 Plant Loading No industry shall discharge wastewater containing a BOD or TSS loading that causes the City's pro-rata share of the total BOD or TSS loading to the POTW System to exceed the City's pro-rata share of the total flow to the POTW System. (Example: If the City contributes 25% of the total wastewater flow to the System, the City's cumulative BOD or TSS loading to the System, as measured at the City's points of entry to the System, shall not exceed 25% of the total BOD or TSS loading to the System.) Any industry with a wastewater strength that will cause the City's cumulative wastewater loading, at the City's points of entry, to exceed the City's pro-rata share of the total wastewater loading based upon flow, shall be required to install pretreatment facilities to reduce its wastewater strength to an acceptable level. Ordinance 0-03-1393 Page 16 of 49 SECTION 3 - PRETREATMENT OF WASTEWATER 3.1 Pretreatment Facilities Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 2.1 of this ordinance within the time limitations specified by EPA, the State, the Control Authority, or the Utility Superintendent or his designee, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Utility Superintendent or his designee for review, and shall be acceptable to the Utility Superintendent or his designee before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to The City of Colleyville under the provisions of this ordinance. 3.2 Additional Pretreatment Measures A. Whenever deemed necessary, the Utility Superintendent or his designee may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and require such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this ordinance. B. The Utility Superintendent or his designee may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. A wastewater discharge permit may be issued solely for flow equalization. C. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Utility Superintendent or his designee, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of type and capacity approved by the Utility Superintendent or his designee and shall be so located to be easily Ordinance 0-03-1393 Page 17 of 49 accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user at their expense. D. Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter, or other control device as deemed necessary by the Utility Superintendent or his designee. 3.3 Accidental Discharge/Slug Control Plans At least once every two- (2) years, the Utility Superintendent or his designee shall evaluate whether each permitted significant industrial user needs an accidental discharge/slug control plan. The Utility Superintendent or his designee may require any user to develop, submit for approval, and implement such a plan. An accidental discharge/slug control plan shall address, at a minimum, the following: A. Description of discharge practices, including non-routine batch discharges; B. Description of stored chemicals; C. Procedures for immediately notifying the Utility Superintendent or his designee and Control Authority of any accidental or slug discharge, as required by Section 6.6 of this ordinance; and D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. Ordinance 0-03-1393 Page 18 of 49 3.4 Hauled Wastewater A. Septage waste may be introduced into the POTW only at locations designated by the Utility Superintendent or his designee and Control Authority, and at such times as are established by the Utility Superintendent or his designee and Control Authority. Such waste shall not violate Section 2 of this ordinance or any other requirements established by The City of Colleyville. The Utility Superintendent or his designee and/or Control Authority may require septic tank waste haulers to obtain wastewater discharge permits. B. Septage waste haulers must provide a waste-tracking form for every load. This form shall include, at a minimum, the name and address of the waste hauler, permit number, truck identification, names and addresses of sources of waste, and volume and characteristics of waste. The form shall identify the type of generator, known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. SECTION 4 - WASTEWATER DISCHARGE PERMIT APPLICATION 4.1 Wastewater Analysis When requested by the Utility Superintendent or his designee, a user must submit information on the nature and characteristics of its wastewater by the deadline stipulated. The Utility Superintendent or his designee is authorized to prepare a form for this purpose and may periodically require users to update this information. 4.2 Wastewater Discharge Permit Requirement A. No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Utility Superintendent or his designee, except that a significant industrial user that has filed a timely application pursuant to Section 4.3 of this ordinance may continue to discharge for the time period specified therein. B. The Utility Superintendent or his designee may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this ordinance. Ordinance 0-03-1393 Page 19 of 49 C. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in Sections 09 through 12 of this ordinance. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements with any other requirements of Federal, State, and local law. 4.3 Wastewater Discharge Permitting: Existing Connections Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, apply to the Utility Superintendent or his designee for a wastewater discharge permit in accordance with Section 4.5 of this ordinance, and shall not cause or allow discharges to the POTW to continue after ninety (90) days of the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the Utility Superintendent or his designee. If, in the Utility Superintendent or his designee's judgment, the passing of the Ordinance does not significantly affect the Industrial Users current permit, then the existing permit will continue through to the expiration date. 4.4 Wastewater Discharge Permitting: New Connections Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 4.5 of this ordinance, must be filed prior to the date upon which any discharge will begin or recommence. 4.5 Wastewater Discharge Permit Application Contents All users required to obtain a wastewater discharge permit must submit a permit application. The Utility Superintendent or his designee may require all users to submit as part of an application the following information: A. All information required by Section 6.1 (B) of this ordinance; Ordinance 0-03-1393 Page 20 of 49 B. Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; C. Number and type of employees, hours of operation, and proposed or actual hours of operation; D. Each product produced by type, amount, process or processes, and rate of production; E. Type and amount of raw materials processed (average and maximum per day); F. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; G. Time and duration of discharges; and H. Any other information as may be deemed necessary by the Utility Superintendent or his designee to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. 4.6 Application Signatories and Certification All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Ordinance 0-03-1393 Page 21 of 49 4.7 Wastewater Discharge Permit Decisions The Utility Superintendent or his designee will evaluate the data furnished by the user and may require additional information. Within sixty (60) days of receipt of a complete wastewater discharge permit application, the Utility Superintendent or his designee will determine whether or not to issue a wastewater discharge permit. The Utility Superintendent or his designee may deny any application for a wastewater discharge permit. SECTION 5 - WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS 5.1 Wastewater Discharge Permit Duration A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Utility Superintendent or his designee. Each wastewater discharge permit will indicate a specific date upon which it will expire. 5.2 Wastewater Discharge Permit Contents A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Utility Superintendent or his designee to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. A. Wastewater discharge permits must contain: (1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years; (2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 5.5 of this ordinance, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; (3) Effluent limits based on applicable pretreatment standards; Ordinance 0-03-1393 Page 22 of 49 (4) Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; and (5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. B. Wastewater discharge permits may contain, but need not be limited to, the following conditions: (1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; (2) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; (3) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges; (4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW; (5) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW; (6) Requirements for installation and maintenance of inspection and sampling facilities and equipment; (7) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and Ordinance 0-03-1393 Page 23 of 49 (8) Other conditions as deemed appropriate by the Utility Superintendent or his designee to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations. 5.3 Reserved. 5.4 Wastewater Discharge Permit Modification The Utility Superintendent or his designee may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: A. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements; B. To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance; C. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; D. Information indicating that the permitted discharge poses a threat to POTW, POTW personnel, or the receiving waters; E. Violation of any terms or conditions of the wastewater discharge permit; F. Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; H. To correct typographical or other errors in the wastewater discharge permit; or I. To reflect a transfer of the facility ownership or operation to a new owner or operator. Ordinance 0-03-1393 Page 24 of 49 5.5 Wastewater Discharge Permit Transfer Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives advance notice to the Utility Superintendent or his designee and the Utility Superintendent or his designee approves the wastewater discharge permit transfer. The notice to the Utility Superintendent or his designee must include a written certification by the new owner or operator which: A. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes; B. Identifies the specific date on which the transfer is to occur; and C. Acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. 5.6 Wastewater Discharge Permit Revocation The Utility Superintendent or his designee may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons: A. Failure to notify the Utility Superintendent or his designee of significant changes to the wastewater prior to the changed discharge; B. Failure to provide prior notification to the Utility Superintendent or his designee of changed conditions pursuant to Section 6.5 of this ordinance; C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; D. Falsifying self-monitoring reports; E. Tampering with monitoring equipment; F. Refusing to allow the Utility Superintendent or his designee timely access to the facility premises and records; Ordinance 0-03-1393 Page 25 of 49 G. Failure to meet effluent limitations; H. Failure to pay fines; I. Failure to pay sewer charges; J. Failure to meet compliance schedules; K. Failure to complete a wastewater surveyor the wastewater discharge permit application; L. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this ordinance. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. 5.7 Wastewater Discharge Permit Reissuance A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 4.5 of this ordinance, prior to the expiration of the user's existing wastewater discharge permit. Ordinance 0-03-1393 Page 26 of 49 SECTION 6 - REPORTING REQUIREMENTS 6.1 Baseline Monitoring Reports A. Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Utility Superintendent or his designee a report which contains the information listed in paragraph B, below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that will become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Utility Superintendent or his designee a report which contains the information listed in paragraph B, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. B. Users described above shall submit the information set forth below. (1) IdentifvinQ Information. The name and address of the facility, including the name of the operator and owner. (2) Environmental Permits. A list of any environmental control permits held by or for the facility. (3) Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes. (4) Flow Measurement. Information showing the measured or estimated average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e). (5) Measurement of Pollutants. (a) The categorical pretreatment standards applicable to each regulated process. Ordinance 0-03-1393 Page 27 of 49 (b) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Utility Superintendent or his designee, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 6.10 of this ordinance. (c) Sampling must be performed in accordance with procedures set out in Section 6.11 of this ordinance. (6) Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. (7) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 6.2 of this ordinance. (8) Siqnature and Certification. All baseline monitoring reports must be signed and certified in accordance with Section 4.6 of this ordinance. 6.2 Compliance Schedule Progress Reports The following conditions shall apply to the compliance schedule required by Section 6.1 (B)(7) of this ordinance: A. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation); Ordinance 0-03-1393 Page 28 of 49 B. No increment referred to above shall exceed nine (9) months; C. The user shall submit a progress report to the Utility Superintendent or his designee no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and D. In no event shall more than nine- (9) months elapse between such progress reports to the Utility Superintendent or his designee. 6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Utility Superintendent or his designee a report containing the information described in Section 6.1 (B)(4-6) of this ordinance. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 4.6 of this ordinance. 6.4 Periodic Compliance Reports A. All significant industrial users shall, at a frequency determined by the Utility Superintendent or his designee but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 4.6 of this ordinance. B. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly Ordinance 0-03-1393 Page 29 of 49 operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. C. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Utility Superintendent or his designee, using the procedures prescribed in Section 6.10 and 6.11 of this ordinance, the results of this monitoring shall be included in the report. 6.5 Reports of Changed Conditions Each user must notify the Utility Superintendent or his designee of any planned significant changes to the user's operations or system, which might alter the nature, quality, or volume of its wastewater before the change is made. A. The Utility Superintendent or his designee may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 4.5 of this ordinance. B. The Utility Superintendent or his designee may issue a wastewater discharge permit under Section 4.7 of this ordinance or modify an existing wastewater discharge permit under Section 5.4 of this ordinance in response to changed conditions or anticipated changed conditions. C. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent 20% or greater, and the discharge of any previously unreported pollutants that are determined to be of concern. 6.6 Reports of Potential Problems A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the City and the Control Authority of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. Ordinance 0-03-1393 Page 30 of 49 B. Within five (5) days following such discharge, unless waived by the Director, the user shall submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability, which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this ordinance. C. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph A, above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. 6.7 Reports from Unpermitted Users All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Utility Superintendent or his designee as the Utility Superintendent or his designee may require. 6.8 Notice of Violation/Repeat Sampling and Reporting If sampling performed by a user indicates a violation, the user must notify the Utility Superintendent or his designee within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Utility Superintendent or his designee within thirty (30) days after becoming aware of the violation. The user is not required to resample if the Utility Superintendent or his designee monitors at the user's facility at least once a month, or if the Utility Superintendent or his designee samples between the user's initial sampling and when the user receives the results of this sampling. Ordinance 0-03-1393 Page 31 of 49 6.9 Notification of the Discharge of Hazardous Waste A. Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 6.5 of this ordinance. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Sections 6.1, 6.3, and 6.4 of this ordinance. 8. Dischargers are exempt from the requirements of paragraph A, above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification. C. In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Utility Superintendent or his designee, the POTW, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations. Ordinance 0-03-1393 Page 32 of 49 D. In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law. 6.10 Analytical Requirements All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA. 6.11 Sample Collection A. Except as indicated in Section B, below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the Utility Superintendent or his designee and/or Control Authority may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be used to show compliance with instantaneous discharge limits. B. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. 6.12 Timing Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. Ordinance 0-03-1393 Page 33 of 49 6.13 Record Keeping Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or The City of Colleyville, or where the user has been specifically notified of a longer retention period by the Utility Superintendent or his designee and/or Control Authority. SECTION 7 - COMPLIANCE MONITORING 7.1 Right of Entry: Inspection and Sampling The Utility Superintendent or his designee and/or the Control Authority, TCEQ, or USEPA or their designated representative shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this ordinance and any wastewater discharge permit or order issued hereunder. Users shall allow inspecting or sampling person ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. A. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the City, Control Authority, TCEQ or USEPA will be permitted to enter without delay for the purposes of performing specific responsibilities. B. The Utility Superintendent or his designee an/or Control Authority shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations. All sampling and analysis performed by the Utility Superintendent or his designee and/or Control Authority to monitor compliance shall be at the expense of the industrial user. Ordinance 0-03-1393 Page 34 of 49 C. The Utility Superintendent or his designee and/or Control Authority may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated, at a minimum, annually to ensure their accuracy. D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Utility Superintendent or his designee and/or Control Authority and shall not be replaced. The costs of clearing such access shall be born by the user. E. Unreasonable delays in allowing the inspecting or sampling person access to the user's premises shall be a violation of this ordinance. F. In accordance with 40 CFR 403, the City shall inspect and monitor each permitted Industrial User a minimum of once per year. If the City elects to perform compliance monitoring for the industry then the City will monitor the industry a minimum of semi annually. 7.2 Search Warrants If the Utility Superintendent or his designee and/or Control Authority has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of The City of Colleyville designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Utility Superintendent or his designee and/or Control Authority may seek issuance of a search warrant from the an appropriate court. SECTION 8 - CONFIDENTIAL INFORMATION Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to Ordinance 0-03-1393 Page 35 of 49 demonstrate to the satisfaction of the City and/or Control Authority, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. SECTION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE The Utility Superintendent or his designee shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users, which during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean: A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six- (6-) month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six- (6-)month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); C. Any other discharge violation that the Utility Superintendent or his designee and/or Control Authority believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public; D. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Utility Superintendent or Ordinance 0-03-1393 Page 36 of 49 his designee's or Control Authority's exercise of its emergency authority to halt or prevent such a discharge; E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; F. Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; G. Failure to accurately report noncompliance; or H. Any other violation(s) which the Utility Superintendent or his designee determines will adversely affect the operation or implementation of the local pretreatment program. SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES 10.1 Notification of Violation When the Utility Superintendent or his designee finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, The Utility Superintendent or his designee may serve upon that user a written Notice of Violation. Within the time frame specified in the notice, which is usually, but not always, ten (10) days, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Utility Superintendent or his designee. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Utility Superintendent or his designee to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. 10.2 Reserved 10.3 Show Cause Hearing Ordinance 0-03-1393 Page 37 of 49 The Utility Superintendent or his designee may order a user which has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Utility Superintendent or his designee and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. 10.4 Compliance Orders When the Utility Superintendent or his designee finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Utility Superintendent or his designee may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user. 10.5 Cease and Desist Orders When the Utility Superintendent or his designee finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, The Utility Superintendent or his designee may issue an order to the user directing it to cease and desist all such violations and directing the user to: A. Immediately comply with all requirements; and Ordinance 0-03-1393 Page 38 of 49 B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. 10.6 Reserved 10.7 Emergency Suspensions The Utility Superintendent or his designee may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Utility Superintendent or his designee may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment. A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, The Utility Superintendent or his designee or Control Authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Utility Superintendent or his designee may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Utility Superintendent or his designee that the period of endangerment has passed, unless the termination proceedings in Section 10.8 of this ordinance are initiated against the user. B. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Utility Superintendent or his designee prior to the date of any show cause or termination hearing under Sections 10.3 or 10.8 of this ordinance. Ordinance 0-03-1393 Page 39 of 49 Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. 10.8 Termination of Discharge In addition to the provisions in Section 5.6 of this ordinance, any user who violates the following conditions is subject to discharge termination: A. Violation of wastewater discharge permit conditions; B. Failure to accurately report the wastewater constituents and characteristics of its discharge; C. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or E. Violation of the pretreatment standards in Section 2 of this ordinance. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 10.3 of this ordinance why the proposed action should not be taken. Exercise of this option by the Utility Superintendent or his designee shall not be a bar to, or a prerequisite for, taking any other action against the user. Ordinance 0-03-1393 Page 40 of 49 SECTION 11 - JUDICIAL ENFORCEMENT REMEDIES 11.1 Injunctive Relief When the Utility Superintendent or his designee finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, The Utility Superintendent or his designee may petition the appropriate Court through The City of Colleyville's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the user. The Utility Superintendent or his designee may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. 11.2 Civil Penalties A. A user who has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to The City of Colleyville for a maximum civil penalty of One Thousand Dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. B. The Utility Superintendent or his designee may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by The City of Colleyville. C. In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. Ordinance 0-03-1393 Page 41 of 49 11.3 Criminal Prosecution A. A user who violates any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than Two Thousand Dollars ($2,000.00) per violation, per day, or imprisonment as decided by an appropriate court, or both. B. A user who negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to the same penalties described in 11.3.A. of this Ordinance. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law. C. A user who makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this ordinance, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be subject to the same penalties described in 11.3.A. of this Ordinance. D. CRIMINAL RESPONSIBILITY. A culpable mental state is not required to prove an offense under this Ordinance. A person is criminally responsible for a violation of this Ordinance if: (1) the person commits or assists in the commission of a violation, or causes or permits another person to commit a violation; or (2) the person owns or manages the property or facilities determined to be the cause of the illegal discharge under Section 2.1, 2.2, 2.4, 3.4, or 4.2. Ordinance 0-03-1393 Page 42 of 49 11.4 Remedies Nonexclusive The remedies provided for in this ordinance are not exclusive. The Utility Superintendent or his designee may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with The City of Colleyville's enforcement response plan. However, the Utility Superintendent or his designee may take other action against any user when the circumstances warrant. Further, the Utility Superintendent or his designee is empowered to take more than one enforcement action against any noncompliant user. 11.5 Applicability of More Stringent Regulations A. If national pretreatment standards, categorical or otherwise, more stringent than the discharge limits prescribed in this article are promulgated by the United States Environmental Protection Agency for certain industries, the more stringent national pretreatment standards will apply to the affected industrial user. A violation of the more stringent national pretreatment standards will also be considered a violation of this Ordinance. B. Applicability of more stringent discharge limits. An industrial user within the city who discharges industrial waste ultimately received and treated by another governmental entity pursuant to a wholesale wastewater contract or a reciprocal agreement with the city is subject to the following additional rules: (1) If the governmental entity has more stringent discharge limits than those prescribed by this Ordinance, or by a discharge permit issued hereunder, because the United States Environmental Protection Agency requires the more stringent discharge limits as part of the governmental entity's wastewater pretreatment program, the more stringent discharge limits shall prevail. (2) The Utility Superintendent or his designee is authorized to issue a discharge permit to an industrial user affected by Subsection (1), to insure notice of and compliance with the more stringent discharge limits. If the industrial user already has a discharge permit, the Utility Superintendent or his designee may amend the permit to apply and enforce the more stringent discharge limits. An industrial user shall submit to the Utility Superintendent or his designee an expected Ordinance 0-03-1393 Page 43 of 49 compliance date and an installation schedule if the more stringent discharge limits necessitate technological or mechanical adjustments to discharge facilities or plant processes. (3) If the Utility Superintendent or his designee chooses not to issue or amend a permit under Subsection (2), the Utility Superintendent or his designee shall notify the affected industrial user in writing of the more stringent discharge limits and their effective date. Regardless of whether or not a permit is issued or amended, an industrial user shall be given a reasonable opportunity to comply with the more stringent discharge limits. (4) The more stringent discharge limits cease to apply upon termination of the city's wholesale wastewater contract or reciprocal agreement with the governmental entity, or upon modification or elimination of the limits by the government entity or the United States Environmental Protection Agency. The Utility Superintendent or his designee shall take the appropriate action to notify the affected industrial user of an occurrence under this Subsection (4). C. Variances in compliance dates. The Utility Superintendent or his designee may grant a variance in compliance dates to an industry when, in the Utility Superintendent or his designee's opinion, such action is necessary to achieve pretreatment or corrective measures. In no case shall the Utility Superintendent or his designee grant a variance in compliance dates to an industry affected by national categorical pretreatment standards beyond the compliance dates established by the United States Environmental Protection Agency. D. Authority to regulate. The Utility Superintendent or his designee may establish regulations, not in conflict with this Ordinance other laws, to control the disposal and discharge of industrial waste into the wastewater system and to insure compliance with the city's pretreatment enforcement program with all applicable pretreatment regulations promulgated by the United States Environmental Protection Agency. The regulations established shall, where applicable, be made part of any discharge permit issued to an industrial user by the Utility Superintendent or his designee. Ordinance 0-03-1393 Page 44 of 49 SECTION 12 - RESERVED SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 13.1 In an Action Brought in Federal Court Only: Upset Provision A. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. B. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (C), below, are met. C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and the user can identify the cause(s) of the upset; (2) The facility was at the time being operated in a prudent and workman- like manner and in compliance with applicable operation and maintenance procedures; and (3) The user has submitted the following information to the Utility Superintendent or his designee within twenty-four (24) hours of becoming aware of the upset, if this information is provided orally, a written submission must be provided within five (5) days: (a) A description of the indirect discharge and cause of noncompliance; (b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and Ordinance 0-03-1393 Page 45 of 49 (c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. E. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. F. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. 13.2 In an Action Brought in Municipal or State Court Only: Act of God Provision A. An event that would otherwise be a violation that is caused solely by an act of God, war, strike, riot, or other catastrophe is not a violation. B. In any enforcement proceeding, the user seeking to establish the occurrence of an act of God, war, strike, riot, or other catastrophe shall have the burden of proof. C. In the event that A. and B. above has been demonstrated the user shall control production of all discharges to the extent necessary to maintain compliance with pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. 13.3 Bypass A. For the purposes of this section: (1) "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility. Ordinance 0-03-1393 Page 46 of 49 (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. B. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (C) and (D) of this section. C. (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Utility Superintendent or his designee, at least ten (10) days before the date of the bypass, if possible. (2) A user shall submit oral notice to the Utility Superintendent or his designee of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Utility Superintendent or his designee may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. D. (1) Bypass is prohibited, and the Utility Superintendent or his designee may take an enforcement action against a user for a bypass, unless (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and Ordinance 0-03-1393 Page 47 of 49 (c) The user submitted notices as required under paragraph (C) of this section. (2) The Utility Superintendent or his designee may approve an anticipated bypass, after considering its adverse effects, if the Utility Superintendent or his designee determines that it will meet the three conditions listed in paragraph (D)(1) of this section. SECTION 14 - WASTEWATER TREATMENT RATES [RESERVED] SECTION 15 - MISCELLANEOUS PROVISIONS 15.1 Pretreatment Charges and Fees A. The City of Colleyville may adopt reasonable fees for reimbursement of costs of setting up and operating The City of Colleyville's Pretreatment Program which may include: 1. Fees for wastewater discharge permit applications including the cost of processing such applications; 2. Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users; 3. Fees for reviewing and responding to accidental discharge procedures and construction; 4. Fees for filing appeals; and 5. Other fees as The City of Colleyville may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this ordinance and are separate from all other fees, fines, and penalties chargeable by The City of Colleyville. 6. Fees for treating abnormal strength wastes 7. Fees incurred from an upset, bypass or unauthorized discharge. Ordinance 0-03-1393 Page 48 of 49 B. Surcharge The city may surcharge industrial users for the treating of abnormal strength wastes. Water or wastes having 1) a five day biochemical oxygen demand greater than two hundred fifty (250) parts per million (ppm) by weight or 2) containing more than two hundred fifty (250) parts per million by weight of total suspended solids shall be subject to the review and approval of the Utility Superintendent or his designee. Where the Utility Superintendent or his designee has approved the admission of (1) or (2) above into the POTW, that discharge may be subject to a surcharge as determined by the Utility Superintendent or his designee. In no case shall a discharge be accepted that will prevent the POTW from meeting it's limits. The surcharge will be assessed according to the following formula each month using the most current pollutant concentration data and the current months' wastewater flow: Surcharge = Q x [a(BOD - x) + b(TSS - y)][8.34] 1,000,000 Where: Q = flow in gallons 8.34 = weight in pounds of one gallon of water x = normal limits of BOD in domestic wastewater expressed in milligrams per liter y = normal limits of TSS in domestic wastewater expressed in milligrams per liter a = unit cost of treatment per pound of BOD b = unit cost of treatment per pound of TSS BOD = measured amount of BOD, in mg/I TSS = measured amount of TSS, in mg/I A surcharge is an additional charge by the POTW for the increased cost of handling discharge of unusual strength and character and shall not serve as a variance to the requirements of this ordinance. Exercise of this provision shall not be a bar to, or a prerequisite for, taking any other action against the user. Ordinance 0-03-1393 Page 49 of 49 15.2 Severability If any provision of this ordinance is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect. SECTION 16 - EFFECTIVE DATE This ordinance shall be in full force and effect immediately following its passage, approval, and publication, as provided by law. 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 Foster City Attorney CITY COUNCIL CC;@nce AGENDA BRIEFING IC';(a$ MEETING DATE: i 03/04/03 ITEM # : ! 7 ORDINANCE # : I 0-03-1394 CITY MANAGER I DEPARTMENT HEAD i FINANCE REVIEW I N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a zoning change from AG to PUD-R, 3.561 acres located at 404 W. McDonwell School Road, Case Z-03-004 First Reading and Public Hearing Linda and Frank Baker are the owners of 3.561 acres located on the north side of McDonwell School Road, immediately west of Fire Station NO.3. David Bagwell, with Broadland Limited Partnership, proposes to develop the property for single family residential uses. Mr. Bagwell has submitted a request to change the zoning on the property from AG Agricultural to PUD-R Planned Unit Development Residential. The subject property is 3.561 acres in size, and is currently developed as a single family residence with associated agricultural uses. The developer proposes to construct eight single family lots with a minimum lot size of 13,000 square feet. The development is proposed to be a second phase of Westcliff Addition. The surrounding property is single family residential in nature. Property to the south, across McDonwell School Road, is zoned R30 Single Family Residential and is developed as singlefamily residences. Property to the north is zoned PUD-R and is proposed for development as single family residences (Westcliff Addition). Property to the west is zoned PUD-R with a church building under construction. Property to the east is zoned AG and is the location of Fire Station NO.3. The proposed layout shows eight residential lots. The lots are located on the east side of Newkirk Lane. There is a 20-foot wide open space area along the east side of Newkirk Lane between the front property line of the lots and the street right-of-way; as shown, the lots do not have frontage on the public street. The developer is working with the Latter Day Saints church, who owns the 20-foot wide open space area, to possibly purchase the open space area or secure a blanket easement to allow the lots to front the street. While this issue has little effect on the zoning of the property, the developer will not be able to plat the lots until this issue is resolved. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Master Plan indicates the future use of this area as single family residential. Given the location of the property and surrounding development, it is likely that the trend of single family development will continue in this area. Agenda Briefing Ordinance 0-03-1394 Page 2 of 5 Density. When considered as a stand-alone project, the rezoning request and the proposed preliminary plat exceeds the recommended maximum residential density established by the Colleyville Master Plan. The Master Plan suggests a maximum density of 1.8 dwelling units per acre; the proposed density of this project is 2.25 dwelling units per acre. The attached ordinance would allow the overall density of Westcliff to be calculated over this phase, Westcliff Phase I and Old Grove, which generally covers the entire PUD-R area originally approved in April 1999 (Ordinance 0-99-1153). When calculated over this larger area, the density of the Westcliff/Old Grove project is 1.66 dwelling units per acre. Lot Sizes. The PUD-R standards allow for lots as small as 13,000 square feet provided the average lot size is 16,000 square feet. The proposed lots are 80 feet wide and the PUD-R regulations require 100 foot width. The lot sizes and widths are consistent with the approved regulations of the Westcliff/Old Grove project area. If calculated over the Westcliff/Old Grove project area, the average lot size is 16,003 square feet. Open Space. The PUD-R regulations require that 20% of the land area be dedicated as open space for the use of the residents in the development. The open space also offsets the smaller lot sizes allowed in the PUD-R. This phase of the project provides 27,120 square feet of open space, which is 17.5% of the residential project area. When viewed within the limits of the overall project, the total open space provided in the Westcliff/Old Grove project area is 24.95 acres, or 24.3% of the total development. Preliminary Plat. The zoning exhibit for this request is considered a preliminary plat. The preliminary plat review included general plans for streets, water, sewer and drainage. There are no significant issues outstanding with these items. Sidewalks and Trails. The attached ordinance will require the developer to construct a 5-foot wide sidewalk adjacent to the north side of McDonwell School Road. The ordinance also allows the developer to escrow money in lieu of construction or construct a 1 O-foot wide trail at this location. The ordinance does not require the construction of sidewalks on the frontage of each individual lot. SPECIAL CONDITIONS As part of the application, the developer submitted a proposed set of special conditions for the project. The conditions ultimately become part of the PUD-R ordinance for the property, as do any conditions required by the Planning and Zoning Commission or City Council. The attached draft ordinance incorporates the special conditions proposed by the developer. There are several conditions that are inappropriate for a zoning ordinance or are not necessary as they are already covered by the Land Development Code. The following are comments on several conditions included in the draft ordinance. The language from the ordinance is noted in italics. Agenda Briefing Ordinance 0-03-1394 Page 3 of 5 Plattinq and Phasinq This development shall be subject to all impact fees as of the date of approval hereof, unless those impact fees have been reduced at the time they are due for this development. Impact fees are assessed as of the date of approval of the final plat, as required by the Land Development Code and state statutes. This language is in conflict with those requirements. Streets and Sidewalks No sidewalks shall be required for lots within this development, except as provided below. As written, this provision would not require the construction of sidewalks on the east side of Newkirk Lane. The Land Development Code requires sidewalks on all public streets, and requires the sidewalk to be constructed at the time a house is built on the lot. The provisions of the Colleyville Pathways Plan shall apply to Westcliff Phase /I only with respect to a five foot (5') wide sidewalk parallel to McDonwell School Road extending the width of Westcliff Phase /I from east to west. The owner of the most southern lot in Westcliff Phase /I shall build said sidewalk to the extent practical without any curve within the trail right-of-way that parallels McDonwell School Road prior to occupancy of a house thereon according to specifications provided in the Land Development Code as of the date of approval hereof. Or, prior thereto, at the option of the developer, a concrete trail ten feet (10') wide may be built by developer in lieu of said sidewalk, provided that it connects (or will connect) at each end to a trail of the same width and otherwise complies with the specifications for concrete trails in the Colleyville Pathways Plan as of the date of approval hereof. Lot 8 (the most southern lot) does not have frontage on McDonwell School Road due to the open space lot. The sidewalk should be constructed by the developer as part of the public improvements to the property. Drainaqe At the developer's election, pursuant to a grading plan acceptable to the City's Engineer, only one side-yard swale between and behind lots may be utilized for lot drainage; retaining wall construction, lot benching and drainage swale construction shall not be the responsibility of the developer but shall be the responsibility of builders on individual lots and shall not be required of the developer for City acceptance of public improvements. Lot grading and lot drainage is a builder issue and should be addressed at the time the houses are constructed on the lots. This language is inappropriate for a zoning ordinance as this issue is covered in the Land Development Code. Agenda Briefing Ordinance 0-03-1394 Page 4 of 5 Lot-to-Iot drainage shall be allowed in a grading plan acceptable to the City Engineer across two lots contiguous with one another and adjacent to the lot(s) where drainage begins, i.e., drainage shall be allowed from the drainage source lot(s) across two other lots which are adjacent one to the other. The City's drainage standards do not allow lot-to-Iot drainage to cross more than one lot before the water enters a permanent structure or street right-of-way. The City has experienced significant problems in other areas of the city where this type of standard was applied. This language is inappropriate for a zoning ordinance as this issue is covered in the Land Development Code. Water and Sanitary Sewer No water or sewer extensions are required to be made to adjacent property. The looping of water lines or access to facilities may need to take place on adjacent property. Paragraph lib" of this section suggests that off-site construction may be necessary, and this provision would conflict with that paragraph. 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 generally developed, with a mix of traditional neighborhoods and some single family residences located on large acreage tracts. There is a church under construction to the west, and an existing fire station is located to the east. 3. Development Trends. The development trends in this area primarily focus on single family development. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. The developer is responsible for the extension of water and sewer service lines to the individual lots. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the parcels that make up the 3.561-acre tract are valued at $125,400. The estimated City property tax revenue for the undeveloped property is $435 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. 6. Sales Taxes. The project will not directly generate sales tax revenue. The addition of seven new. houses could indirectly have an impact on sales tax revenue due to new residents shopping in Colleyville. Agenda Briefing Ordinance 0-03-1394 Page 5 of 5 7. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single family residences are expected to generate 9.57 trips per day, on average. Based on this average, the seven proposed residences would add 67 vehicle trips per day to the surrounding roadways. 8. Public Notification. Staff mailed notices to eight (8) 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 will meet on March 4, 2003 at 6:30 pm to consider this case and make a recommendation to the City Council. The Commission recommendation will be presented to the Council at the meeting when it is available. 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December 03, 2002 108 PM Dale Crane 817.251.9077 p.01 Broadland Limited Partnership 8222 Douglas Ave., #605 Dallas, Texa~ 75225 TO: !vIr. Clayton Husband, AICP Conununity Development Manager City of Colleyville via fax #817.577.7564 FROM: Dale Crane (direct line 817.481.3052; fax 817.251.9077) DATE: December 3, 2003 RE: 2.02.028 AGto PUD.R.WestcliffPhase II (re.submittal) Clayton: Thi~ memo is intended to address the DRC's question about access to the propol'ed lots and frontage on Newkirk Lane. The twenty foot ~1rip of open space land along the ell~i side of Newkirk is presently owned by the LDS Church. I have had dil'ClH;siolls with Church representative!!, both local and ill Arizona, about tIlls situation. Our proposal has been forwarded to the appropriate official at the Church's headquarters in Salt Lake City. I hope to have a rel'oh.1tion ofthi~ issue by the December 16, 2002, meeting of the P&Z, b\lt tbe decision- nlllkiug appllranlS of the Church may take longer than I anticipate. In discussing this with the Church, we have sugge~1ed obtaining either fee title to the strip or an easement allowing for the placement of driveways. If we obtain title to the ~1rip. it could be incorporated into the residential lots, or it could possibly be maintained as open space, with an easement for driveways. Do you have a preference? I will keep you illfonned of the progr~s WiUl the Church. Plell~ let me know if YO\l have any questions or 5u~1ions. cc: D. Bagwell, via fax cc: E. Eckart, via fax #817-446-3116 cc: Linda & Trip Baker via US mail WESTCLIFF PHASE II PUD-R ZONING REQUEST: Special Conditions 1. PERMIlTED USES The PUD-R shall have two (2) land uses as indicated on the Zoning Exhibit: a. Single family dwelling units b. Open space c. All uses pennitted under agricultural zoning shall be allowed on the property until such time as a final plat is approved for the property. 2. PLAmNG & PHASING a. The conceptual site plan attached as Exhibit "c" shall be considered the preliminary plat. When presented, a final plat generally consistent with Exhibit "c" shall be approved, provided that it meets the requirements of the Land Development Code that were in effect at the time of approval hereof and have not been modified herein. In the event of conflict between the Special Conditions of this PUD-R zoning and the Colleyville land Development Code, the Special Conditions of this PUD-R zoning shall prevail. At the option of the applicant for final plat approval, the lot and open space configuration of the final plat may differ from that shown on the preliminary plat, except that there may be no more than eight (8) lots, the width of lots may not be less than eighty feet (80') at the front building line, the average lot depth of all lots shall not be less than 140 feet, all lots shall face to the west or the northwest, and the north-south dimension of the open space the parallels McDonwell School Road (the trail right-of-way) shall not be less than twenty feet (20'). b. This development shall be subject to all impact fees as of the date of approval hereof, unless those impact fees have been reduced at the time they are due for this development. 3. DENSnY The average residential density is pennitted to be 1.8 dwelling units per acre over the combined acreage of Westcliff Phase I, Old Grove and Westcliff Phase II. 4. STREETS AND SIDEWALKS a. No sidewalks shall be required for lots within this development, except as provided below. b. The provisions of the Colleyville Pathways Plan shall apply to Westcliff Phase II only with respect to a five foot (5') wide sidewalk parallel to McDonwell School Road extending the width of Westcliff Phase II from east to west. The owner of the most southern lot in Westcliff Phase II shall build said sidewalk to the extent practical without any curve within the trial right-of-way that parallels McDonwell School Road prior to occupancy of a house thereon according to spedfications provided in the Land Development Code as of the date of approval hereof. Or, prior thereto, at the option of the developer, a concrete trail ten feet (10') wide may be built by developer in lieu of said sidewalk, provided that it connects (or will connect) at each end to a trail of the same width and otherwise complies with the specifications for concrete trails in the Colleyville Pathways Plan as of the date of approval hereof. 5. DRAINAGE a. All drainage facilities shall be designed and constructed in accordance with the Land Development Code. b. It shall not be the responsibility of the developer to improve any off-site drainage structures or any other public fadlities. c. At developer's election, pursuant to a grading plan acceptable to the City's Engineer, only one side-yard swale between and behind lots may be utilized for lot drainage; retaining wall construction, lot benching and drainage swale construction shall not be the responsibility of the developer but shall be the responsibility of builders on individual lots and shall not be required of the developer for City acceptance of public improvements. d. Lot-to-Iot drainage shall be allowed in a grading plan acceptable to the City Engineer across two lots contiguous with one another and adjacent to the lot(s) where drainage begins, i.e. drainage shall be allowed from the drainage source lot(s) across two other lots which are adjacent one to the other. e. Drainage from portions of the development is pennitted to sheet flow from west to east onto City property. 6. WATER AND SANITARY SEWER a. No water or sewer extensions are required to be made to adjacent property. b. If sanitary sewer installation to serve the development is necessary across City property, the City shall cooperate in all regards, provided that no less than twenty feet (20') of the drive surface of any street or driveway pavement shall be left passable at all times during sanitary sewer connection. 7. LOT REQUIREMENTS AND SETBACKS a. All lot dimensions and building setback lines shall be in accordance with the Colleyville Zoning Regulations and Subdivision Regulations, except where amended by this ordinance, including all exhibits hereto. b. The minimum lot size shall be 13,000 square feet. The average lot size of all residential lots shall not be less than 16,000 square feet over the combined acreage of Westdiff Phase I, Old Grove and Westcliff Phase II. c. Open space, including any trail rights-of-way, shall not be less than twenty percent (200/0) over the combined acreage of Westcliff Phase I, Old Grove and Westeliff Phase II. DAVID BAGWELL COI'APANY February 21, 2003 Jeffrey Wall, Chairman 7900 Jefferson Circle Colleyville, TX 76034 Bruce Kelly 3001 Scarborough Lane Colleyville, TX 76034 Earl Swift 207 Virginia Square Colleyville, TX 76034 Jeffrey Byerly 7109 Pebble Hill Drive Colleyville, TX 76034 Mark Jones 3604 Wexford Court Colleyville, TX 76034 Bud Sellers 7004 Rosebrook Colleyville, 1)( 76034 Re: City Staff Objections to Westcliff Phase II PUD-R Special Conditions Gentlemen: I am writing to provide the applicant's perspective with respect to issues raised by City Staff about the PUD-R Special Conditions in Case Z-03-004 for the proposed Westcliff Phase II. 1. BACKGROUND Based on its opposition to several of our Special Conditions, the City Staff urges you to recommend that the City Coundl deny our PUD-R application for this 3.561 acre site. The property is currently zoned for agricultural use and is the home of Trip and Linda Baker. It is bounded by the McPherson Park Service Center, McDonwell COMMUNITY DEVELOPMENT 8222 DOLiGLAS A"''-ENUE SUITE (,05 DALLAS, TEXt\S 75225 214 368-7711 METRO 817 510-5500 FAX 21'1 3h8-7710 School Road and Newkirk Lane and sits at the entry to our Westcliff Phase I subdivision now under development. Apparently, the Staff's position in opposition to our zoning request was taken without considering: (a) the relative benefits to the community derived from bringing the 3.561 acre subject property into our Westcliff I development; or (b) whether any of the special conditions we propose would actually adversely affect the community. Instead, the Staff urges denial "due to technical non-compliance with the Land Development Code." The City Staff would have you understand that special conditions of a PUD-R which are different than the standards of the Land Development Code transgress the ordinance. Plainly, however, it is the Staff's interpretation of the Land Development Code that violates ordinance orthodoxy, because in the PUD-R section of the Land Development Code there is provision for circumstances like those of the Westcliff Phase II property: "This district is designed to encourage the most appropriate uses of land, permit flexibility to encourage a more creative, efficient, environmentally pleasing and aesthetic design regarding the special arrangement of buildings and land uses, open spaces, circulation and transportation patterns, and considerations of special site and topographic features. Development controls aimed at assuring the character, compatibility of land uses, and harmonious and timely development of the project are maintained through the establishment of standards... " Note the word "flexibility" in this language from the Land Development Code. In the past, the David Bagwell Company, general partner of the Westcliff Phase II applicant Broadland Umited Partnership, has effectively used such flexibility to create exceptional developments in Colleyville, and earlier we envisioned such an exceptional development called "Whittier Heights" for the Westcliff Phase I property. Given the many restrictions, red tape, and bureaucracy in Colleyville today, however, without exceptions to the Land Development Code, we can no longer create exceptional developments in the City. Instead, with the pervaSive hostility of the Staff and no flexibility in interpreting ordinance orthodoxy, only unremarkable, if "politically correct", developments are possible, each bearing the Staffs imprimatur "RECOMMENDATION: Approval, due to technical compliance with the Land Development Code." The Westcliff Phase II zoning request is not only an important matter for today, but also a harbinger of challenging land use decisions to come. As Colleyville builds out, you will increasingly be asked to consider other small tracts or sites passed over due to special challenges such as extraordinary development costs, 2 incompatible uses nearby, etc. A "one size fits all" approach will ill serve the community in mediating the best outcome. In the present circumstance, the owners of the Westcliff Phase II site recognize the compelling reasons to sell, not the least of which is what's best for the community. Naturally, however, they require sufficient consideration in the sale of their land and home to allow them to purchase an equivalent replacement property. Because of this and the development characteristics of the site, we have determined that the subject property is economicallv infeasible unless it is included in the laraer Westcliff development. As a result if the City misses this opportunity to overcome the impediments to development of this 3.561 acre site. the property is unlikelv to be developed for many years. II. SIX SPEGAL CONOmONS OPPOSED BY STAFF In its Agenda Briefing for your February 10 meeting, the Staff identified six reasons for its opposition: 1. Fixing Impact Fees at the Current Level. Our Special Conditions stipulate that impact fees due from the eight lots in Westcliff Phase II will not exceed what the City's ordinances require today. The City Manager told me yesterday that I may pass on to you his opinion that there will be no increase in impact fees for several years, the Staff having evaluated them last summer and determined that they are appropriately set. Therefore, this special condition poses no jeopardy to the community, especially since there are only eight lots. However, the Staff would have this beneficial project denied because this special condition "is in conflict with (the) requirements" of the Land Development Code. The Staff also told you that this special condition is in conflict with state statutes. But, Land Development Code Chapter 13, Section 13.3 Waivers and Appeals says, "An applicant requesting a waiver of a requirement contained in this Chapter may seek relief from the City Council by using the procedure described in Chapter 1 - General Provisions of this Land Development Code." Chapter 1, Section 1.13 Waivers and Appeals - City Council says, "Where specifically provided for in this Land Development Code, the City Council shall have the authority to consider requests for a waiver or to hear and decide an appeal for an administrative decision on a regulation. The City Council may approve, disapprove or modify such a request provided that such approval or modification will not be detrimental to the public safety, health, or welfare or injurious to other property. The applicant shall provide information to support a claim that there are extraordinary hardships or practical difficulties which may result from strict compliance with the regulation or that the public interest may be better served by an alternative proposal." 3 Apparently, the Staff does not recognize that the special condition of our PUD-R application that seeks to set impact fees for Westcliff Phase II at the current level is a request of the City Council for a partial waiver, as allowed by the Land Development Code. Additionally, in its write up for you, the Staff makes no mention of three important considerations in this regard. First, the Land Development Code provides in Chapter 3.23.P that "Within a maximum of six (6) consecutive months following approval of the 'PUD' district zoning change by the City Council, the applicant shall file with the City Planning and Zoning Commission a 'Final Plat'...5hould the applicant fail to submit a 'Final Plat' within the six (6) month period following City Council approval of the zoning change, or by the termination date of the filing extension granted by the Planning and Zoning Commission, the Commission may initiate proceedings under Chapter 1 - General Provisions of this Land Development Code...to amend the Official Zoning Map by removing all or part of the Planned Unit Development (PUD) from the Official Zoning Map and pladng the area involved in another appropriate zoning district..." Even though it is our intent to develop Westcliff Phase II immediately upon approval of zoning and even though the City Manager does not foresee that the City will seek to increase impact fees in the next several years, if you or the Staff have remaining concerns, the provision of the Land Development Code cited above assures that the spedal condition we propose need not become a problem for the City. Should we delay submitting a final plat until the time the City is ready to increase impact fees, the above-referenced provision of the Land Development Code would give the City the option to rezone the property to its present agricultural designation and thereby eliminate any problem it might perceive as resulting from this special condition. Second, this being a revenue issue for the City, it is informative to compare the ad valorem tax benefit that this property is likely to produce for the City in the immediate future with any foreseeable gap that might occur between todays impact fees and higher impact fees possible in the distant future. An average of Tarrant County Appraisal District values for 30 homes in nearby Remington Park on Belmont, Terrace, Horseshoe Bend, and Shetland indicates that the eight homes in Westcliff Phase II would each generate around $1,700.00 per annum in tax revenue to the City. This amounts to roughly $13,600.00 in new tax revenue that would be payable to the City each year from homes in Westcliff Phase II instead of the $435.00 annual tax revenue that the City receives from the property now. 4 Third, roadway impact fees are presently $1,589 per dwelling, but this fee will almost certainly be eliminated as a charge due from Westcliff Phase II by the credit provided by Land Development Code Section 13.14 Offsets & Credits Against Impact Fees. This credit will be triggered by our satisfaction of the obligation for improving McDonwell School Road that is imposed by Land Development Code Section 9.16.B Improvements to Existing Unimproved Streets and Utilities, sub-paragraph 2. and 3. Therefore, only the current $2,666.00 per lot water impact fee and the current $200.00 per lot sewer impact fee would be due from each lot in Westcliff Phase II. When totaled and multiplied by 8 lots, the impact fees payable from Westcliff Phase II are determined to be a $22,928.00 one time payment. That the City will forego around $13,000.00 in property taxes each year if Westcliff Phase II is not developed demonstrates the false economy of the City Staff in urging denial of the Westcliff Phase II project because of concern that the City might suffer, if impact fees payable from Westcliff Phase II are fixed at their current level. Impact fees for water and sewer would have to go up more than 50 percent to justify delaying this project for even one year, Le. $13,000.00 net increase in ad valorem taxes per annum divided by $22,928.00 in one time impact fee payment. And, this does not take into account the benefidal effect on property values in the 103 lot Westcliff Phase I, if Westcliff Phase II is approved and developed, which would also result in even higher tax revenue to the City. Finally, the enclosed juxtapositioning of the Westcliff Phase II Special Conditions that the Staff opposes with special conditions of other David Bagwell Company PUD-R zoned properties ("SPECIAL CONDmONS COMPARISON: DAVID BAGWELL COMPANY PUD-R ORDINANCES, COLLEYVILLE, TEXAS") demonstrates that in the Westmont development the Collevville City Counal partially waved impact fees by putting a caD on costs loaded onto that development. In that instance, the City Council agreed with the developer's proposal in a special condition for Westmont that its perimeter road charge be limited to $175,000.00 in order to not overburden the project, which "ordinance orthodoxy" would have caused. The spedal condition fixing impact fees at today's level, which Staff opposes for Westcliff Phase II, provides us much less help than the City Council provided the Westmont development. In short, this special condition presents no justification for recommending denial of our zoning request. 2. Sidewalk Construction along Newkirk Lane. The Staff would have you recommend denial of Westcliff Phase II because "The Land Development Code requires sidewalks on all public streets, and requires the sidewalk be constructed at the time a house is built on the lot...this provision would not require the 5 construction of sidewalks on the east side of Newkirk Lane." But. there is no need for construction of a sidewalk on the east side of Newkirk Lane. because there will be a ten foot wide trail built there in conjunction with the LDS church now under construction on the west side of Newkirk Lane and in conjunction with Westcliff Phase I now under develooment. Just as no superfluous sidewalk was deemed necessary where the David Bagwell Company built the trail on three sides of Westmont nearby, a redundant sidewalk is not needed where the LDS church and Westcliff Phase I will build a ten foot trail on the east side of Newkirk Lane. Just as the ten-foot wide Westmont trait suffices for a sidewalk in front of the Benedict home place on Westcoat, the ten foot wide trail on the east side of Newkirk Lane will suffice for a sidewalk in front of the Westcliff Phase II lots. 3. a} Timing of Construction of the McDonwell School Road Sidewalk. In the portion of its Agenda Briefing quoted in Item 2. above, the City Staff said, "The Land Development Code requires sidewalks on aU public streets, and requires the sidewalk be constructed at the time a house is built on the lot". Exactly! This is all that we seek in our Sped a I Condition 4. b., yet the Staff would have you recommend denial because of this special condition in our zoning request. The critical part of our spedal condition wording in this regard, and the part that apparently motivates the Staff's urging of denial, is: "The owner of the most southern lot in Westcliff Phase II shalt build said sidewalk...prior to occupancy of a house thereon according to specifications provided in the Land Development Code as of the date of approval hereof." What we're saying and what the Staff is saying reach the same outcome for Lot 8. That is, when home construction occurs on Lot 8. the sidewalk along McDonwell School Road will be installed by the owner of that lot For ease of comparison, I have highlighted in blue ink above (1) the City Staff's wording used to bolster its argument for both a trail and a sidewalk on the east side of Newkirk, which is quoted in Item 2. above, and (2) our Special Condition regarding who is responsible for building the sidewalk along McPherson Road and when it is to be built. As you can see, we seem to agree, but inexplicably the Staff cites this special condition as a reason for you to recommend denial of our zoning request. It is not. 3. b}. Responsibility for Construction of the McDonwell School Road Sidewalk. The Staff would have you make the distinction that "Lot 8 (the most southern lot) does not have frontage on McDonwell School Road due to the open space lot." and therefore "The sidewalk should be constructed by the developei as part of the public improvements to the property." 6 This is a distinction without a difference. A PUD-R zoning ordinance, containing the provisions described, would be fully enforceable against the owner of Lot 8 to accomplish what our special condition proposes and what elsewhere the Staff clearly agrees with, Le. "The owner of the most southern lot in Westcliff Phase II shall build said sidewalk...prior to occupancy of a house thereon..." I have enclosed a copy of the City-Developer Agreement entered into on October 1, 2002 between the City and our affiliate Broughton Limited Partnership. Note that the first paragraph is very similar to what we propose in the Westcliff Phase II special condition that the Staff would have you see is reason to recommend denial of our zoning request: "Prior to the issuance of a certificate of occupancy for each individual lot, the lot owner...shall construct a public sidewalk. However, if there is a sidewalk easement on the lot shown on the final plat of Broughton then said sidewalk shall be constructed within said sidewalk easement." This language in the Broughton City-Developer Agreement demonstrates that the Oty accepts the concept we propose in the Westcliff Phase II Special Conditions, so I am at a loss to explain why the Staff would ate the special condition we propose in this regard as reason for you to recommend denial. In considering the timing of construction of this sidewalk along McDonwell School Road, you may want to take into account that, for the time being, it will lead nowhere, because there is no sidewalk built or likely to be built anytime soon at its east end to carry pedestrians the 900 foot distance from Westcliff Phase II across the Park Service Center, the fire station, and Phase I of McPherson Park to the southwest comer of Westmont, where the ten foot wide Westmont trail ends (althouah the park fees oaid by Westcliff Phase II would be sufficient to construct a ten foot wide trail roughly 700 of that 900 foot distance). 4. Lot Grading and Drainage Provisions. In its Agenda Briefing regarding our Spedal Condition 5. c., the Staff said, "Lot grading and lot drainage is a builder issue and should be addressed at the time the houses are constructed on the lots. This language is inappropriate for a zoning ordinance as this issue is covered in the Land Development Code." The Staff fails to point out to you that the exact language of this special condition was approved by the City Council as a special condition of the Westcliff Phase I zoning and that, as the enclosed juxtaposition of language from our affiliates' other Colleyville PUD-R ordinances shows, similar language has been approved in PUD-R zoning for Westmont, Oakbrook Hills, and Broughton. 7 Note that the final authority we specified in this special condition is not us or our engineer but the City Engineer, viz. "At the developer's election, pursuant to a grading plan acceptable to the City's Engineer,..." Note above and below (again in blue) the similarity of the words used in the Staffs argument and the language proposed by us in this special condition: "retaining wall construction, lot benching and drainage swale construction shall not be the responsibility of the developer but shall be the responsibility of builders on individual lots..." This comparison demonstrates no real difference between the Staff's position and ours. So, contrary to what the Staff urges, the languaoe of this Westcliff Phase II special condition. which has been acceptable to City Councils before, is not reason for you to recommend denial of our request. 5. Lot Drainage Across Two Lots. Again, the Staff urges you to recommend denial of our zoning request due to this special condition which was not only approved for Westcliff Phase I, but also for Westmont and Oakbrook Hills. Note once more that the final authority specified in this sped a I condition is the City Engineer, viz. "...in a grading plan acceptable to the City Engineer..." Because of this limitation, this special condition provides adequate protection for the City and certainly does not constitute a reason to recommend denial of our zoning request. 6. No Water and Sewer Extensions to Adjacent Property. There will be no need for us to construct water lines to serve lots in Westcliff Phase II. Each lot will be provided a connection to the City water line being built in Newkirk Lane as a part of Westcliff Phase 1. We know of no reason why the Staff would say in its Agenda Briefing that "The looping of water lines or access to facilities may need to take place on adjacent property." Furthennore, we disagree that there is conflict as the Staff suggests in Special Conditions 6.a. and b., the distinction being that 6.a. refers to "extensions...required to be made to adjacent property" whereas 6.b. refers to "installation to serve the (Westcliff Phase II) development across City property". The City not requiring "extensions...to be made to adjacent property" in Special Condition 6.a. does not conflict with the City accepting in Special Condition 6.b. "installation to serve the (Westcliff Phase II) development across City property". III. CONCLUSION If you and the City Council follow the advice of the Staff in this zoning case, you will further undermine the quality of the larger development once proposed for this area, which was defeated last year when the Staff hammered the Whittier Heights "square peg" into the Land Development Code's "round hole". On the 8 other hand, Westcliff, the successor development concept to Whittier Heights, will be enhanced, if you do not accept what the Staff is telling you this time. Experience confirms the aphorism "Perfect is the enemy of Good". "Good" is no doubt what the community can expect from our proposal to extend the Westcliff development to the 3.561 acre site proposed for Westcliff Phase II. Furthermore, the choice suggested to you by the Staff between our zoning request and a zoning request more nearly "Perfect" in the Staff's eyes is a false one. Because of the considerable development challenges that the 3.561 acre site oresents, denial of our zoninq request would most likely result in the orooerty not beina developed for many years and then not in a way that is consistent with the planning techniques used in Westcliff Phase 1. Experience also confirms that "A bird in the hand is worth two in the bush." Your decision to recommend approval or denial should be guided by practical consideration of real alternatives and the benefits of approval rather than by the Staffs pernicious interpretation of Land Development Code orthodoxy. Thank you for considering our perspectives on this matter. Sincerely, Broadland Limited Partnership By: The David Bagwell Company, Its generlll P. rtner By: David S. Bagwe cc: Clayton Husband, City of Colleyville Joe Potthoff, Hill, Gilstrap, Potthoff & McGinnis Ned Webster, Hill, Gilstrap 9 Church of Jesus Christ LDS 50 E. North Temple, FL 12 Salt Lake City, UT 84150 David Dacke 321 W. McDonwell School Road Colleyville, TX 76034 Henry Wells 413 W. McDonwell School Road Colleyville, TX 76034 Glenwood Heights Dev. Corp 8222 Douglas Ave., Ste 605 Dallas, TX 75225 Andrew Brownlow 317 W. McDonwell School Road Colleyville, TX 76034 Frank & Linda Baker, III 404 W. McDonwell School Road Colleyville, TX 76034 City of Colleyville Stephen & Beatriz Byers P.O. Box 532 Colleyville, TX 76034 Broadland Limited Partnership 8222 Douglas Avenue, Ste. 605 Dallas, TX 75225 Case Z-03-00' (Notices dated: January 28,2003) According to the last published Tax Record, individuals who own property that is within the 200' of the pr?po~ed special use permiUand-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 q-- Planning & Zoning Assistant cno Zo QO 1::3: Oz Zw 0....1 UC) ....10 <(Z u<( w_ D..w cncn LL.<( OJ: ZD.. 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T"'" a. <l>i5.....UJ-f/) :!2 '5 Q) 15 Q) C cn>~roQ)Q) Q) - -.0 '+- a. c19a.....cO 0.9~~2.s u C Q) rol/) J::ro -J:: 1/)0... ~:1: a;~ .01/) - Q) O~ C..... _0 ro Q) J::0l I/) ro - Q) >,~ ro U ~ ro ..!."O o Q) $~ "5E= 'c 0 Q) =UI/) ro Q) ro ':::.r..r. >. ::: 0.... ~~~ O)OB c~1/) .- ~ Q.) -g~~ TI ~"O C _ C .- C ro aiQ)Q) u ~ > roQ)O o.o.~ 1/)~0 Cc"O ~Q)O o~_- u .....: ui o o o r.D <- Cii "0 C :J CD"" <-U C ~5 <(() <->, ~<3 l!?Q) <(E C >, .- .0 Q~ ~e roo. ~o. o ro '+Ooo~ J:: _ ~~ ~:::. _0 .Q~ E~ :JJ:: E .21 'c Q) 'E ~ ~in' t-E -c::i ORDINANCE 0-03-1394 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 3.561 ACRE TRACT OF LAND OUT OF THE D.J. BEDDO SURVEY, ABSTRACT 232, FROM THE AG AGRICULTURAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT 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 Broadland Limited Partnership for Linda and Frank Baker on January 20, 2003, under Case No. Z-03-004; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds description attached as Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "G", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R shall be subject to the following conditions: 1. PERMITTED USES The PUD-R shall have three (3) land uses as indicated on the Zoning Exhibit: Ordinance 0-03-1394 Page 2 of 5 a. Single family dwelling units b. Open space c. All uses permitted under AG Agricultural zoning shall be allowed on the property until such time as a final plat is approved for the property. 2. PLATTING AND PHASING a. The conceptual site plan, attached as Exhibit "C" shall be considered the preliminary plat. When presented, a final plat generally consistent with Exhibit "C" shall be approved, provided that it meets the requirements of the Land Development Code that were in effect at the time of approval hereof and have not been modified herein. In the event of conflict between the Special Conditions of this PUD-R zoning and the Colleyville Land Development Code, the Special Conditions of this PUD-R zoning shall prevail. At the option of the applicant for final plat approval, the lot and open space configuration of the final plat may differ from that shown on the preliminary plat, except that there may be no more than eight (8) lots, the width of lots may not be less than eighty feet (80') at the front building line, the average lot depth of all lots shall not be less than 140 feet, all lots shall face to the west or northwest, and the north-south dimension of the open space that parallels McDonwell School Road (the trail right-of-way) shall not be less than twenty feet (20'). b. This development shall be subject to all impact fees as of the date of approval hereof, unless those impact fees have been reduced at the time they are due for this development. 3. DENSITY The average residential density is permitted to be 1.8 dwelling units per acre over the combined acreage of Westcliff Phase I, Old Grove, and Westcliff Phase II. 4. STREETS AND SIDEWALKS a. No sidewalks shall be required for lots within this development, except as provided below. b. The provisions of the Colleyville Pathways Plan shall apply to Westcliff Phase II only with respect to a five foot (5') wide sidewalk parallel to McDonwell School Road extending the width of Westcliff Phase II from east to west. The owner of the Ordinance 0-03-1394 Page 3 of 5 most southern lot in Westcliff Phase II shall build said sidewalk to the extent practical without any curve within the trail right-of- way that parallels McDonwell School Road prior to occupancy of a house thereon according to specifications provided in the Land Development Code as of the date of approval hereof. Or, prior thereto, at the option of the developer, a concrete trail ten feet (10') wide may be built by developer in lieu of said sidewalk, provided that it connects (or will connect) at each end to a trail of the same width and otherwise complies with the specifications for concrete trails in the Colleyville Pathways Plan as of the date of approval hereof. 5. DRAI NAGE a. All drainage facilities shall be designed and constructed in accordance with the Land Development Code. b. It shall not be the responsibility of the developer to improve any off-site drainage structures or any other public facilities. c. At developer's election, pursuant to a grading plan acceptable to the City Engineer, only one side-yard swale between and behind lots may be utilized for lot drainage; retaining wall construction, lot benching and drainage swale construction shall not be the responsibility of the developer but shall be the responsibility of builders on individual lots and shall not be required of the developer for City acceptance of public improvements. d. Lot-to-Iot drainage shall be allowed in a grading plan acceptable to the City Engineer across two lots contiguous with one another and adjacent to the lot(s) where drainage begins, i.e., drainage shall be allowed from the drainage source lot(s) across two other lots which are adjacent one to the other. e. Drainage from portions of the development is permitted to sheet flow from west to east onto City property. 6. WATER AND SANITARY SEWER a. No water or sewer extensions are required to be made to adjacent property. b. If sanitary sewer installation to serve the development is necessary across City property, the City shall cooperate in all Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-03-1394 Page 4 of 5 regards, provided that no less than twenty feet (20') of the drive surface of any street or driveway pavement shall be left passable at all times during sanitary sewer construction. 7. LOT REQUIREMENTS AND SETBACKS a. All lot dimensions and building setback lines shall be in accordance with the Colleyville Land Development Code, except where amended by this ordinance, including all exhibits hereto. b. The minimum lot size shall be 13,000 square feet. The average lot size of all residential lots shall not be less than 16,000 square feet over the combined acreage of Westcliff Phase I, Old Grove and Westcliff Phase II. c. Open space, including any trail rights-of-way, shall not be less than twenty percent (20%) over the combined acreage of Westcliff Phase I, Old Grove and Westcliff Phase II. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Ordinance 0-03-1394 Page 5 of 5 CITY OF COLLEYVILLE: Donna Arp Mayor EXHIBIT A - ZONING MAP , -1 ; irREE --i. -1 ..J...-----\ i.-l I I I I 'SITE I 4 , I ! A~ I I ?!!!!-R i 0-01012861 - ! i I ! ! I i i ! .----'-- ..--~~-~ I i I I m-40 i . ""----- EXHIBIT B - METES AND BOUNDS DESCRIPTION BEING a 3.561 acre tract of land in the D.J. Beddo Survey, Abstract No. 232, situated in the City of Colleyville, Tarrant County, Texas and being that tract conveyed to Linda S. Baker and Husband, Frank D. Baker, by deed recorded in Volume 12408 Page 1954 of the Deed Records of Tarrant County, Texas (DRTCT) and a portion of that tract conveyed to Broadland Limited Partnership by deed, and being more particularly described as follows: BEGINNING at a 1-inch iron pin found at the southeast corner of said Baker tract, said iron pin also being on the north right-of-way line of McDonwel1 School Road (variable width right-of-way); THENCE North 89 degrees 31 minutes 39 seconds West along the said north right-of- way line of McDonwell School Road, a distance of 230.85 feet to a %-inch iron pin found, said iron pin also being the southwest corner of said Baker tract; THENCE North 00 degrees 28 minutes 21 seconds East a distance of 522.41 feet to a %-inch iron pin found, said iron pin being the northwest corner of said Baker tract, said iron pin also being on the south line of said Broadland Limited Partnership tract; THENCE North 89 degrees 55 minutes 29 seconds East along the north line of said Baker tract and the south line of said Broadland Limited Partnership tract, a distance of 10.59 feet to a %-inch iron pin found, said iron pin also being the Point of Curvature of a non=tangent circular curve to the right having a radius of 260.00 feet, a central angle of 29 degrees 03 minutes 21 seconds and being subtended by a chord which bears North 31 degrees 24 minutes 27 seconds East 130.44 feet; THENCE northerly and northeasterly along said curve to the right a distance of 131.85 feet to a %-inch iron rod found; THENCE North 45 degrees 56 minutes 07 seconds East tangent to said curve, a distance of 93.54 feet to a %-inch iron pin found, said iron pin also being the Point of Curvature of a circular curve to the left having a radius of 340.00 feet, a central angle of 28 degrees 22 minutes 48 seconds and being subtended by a chord which bears North 31 degrees 44 minutes 43 seconds East 166.69 feet; THENCE northeasterly and northerly along said curve to the left a distance of 168.41 feet to a %-inch iron pin found, said iron pin being on the east line of said Broadland Limited Partnership tract; THENCE South 00 degrees 28 minutes 21 seconds West along the east line of said Broadland Limited Partnership tract and the east line of said Baker tract, a distance of 842.48 feet to the Point of Beginning and containing 155,113 square feet or 3.561 acres of land, more or less. EXHIBIT C -CONCEPTUAL SITE PLAN u' 8 ~. 10 I . tL LU dJ ~ iC I I I I I I I 1.j.. . ,J ,., \I .()Ol ... .OQ8 ~ 1..- ~ I~~. ~ I~ .'~ : ,I~ ..0De I Lo.: iiJ I 10 I .' I ~ I .I I J I ., . .~e ~ tor) .~ ~. sf .~ III l.: iii & 3t . - .... .,.) .@9. 8 lfI i . OIl' ~ .S8'OEZ."~~E.'E.68~. . ..... .J, ~. ~."~~.'.'. ............~.'4~..fI(J.....~.. .' '. . ..fIlJAlJIIO.)'4Jt)6 " a t:\I CITY COUNCIL (Q~", AGENDA BRIEFING lex"'::> MEETING DATE: 03/04/03 CITY MANAGER I ITEM # : 8 DEPARTMENT HEAD ORDINANCE #: 0-03-1395 FINANCE REVIEW: N/A Previous Action: N/ A DEPARTMENT: FINANCE SUBJECT: Approval to amend Section 2 of Ordinance 0-02- 1360 relating to Fiscal Year 2002-2003 budget for the construction of a traffic signal at the new Church Street and Colleyville Boulevard intersection First Reading and Public Hearing BackQround The City-Developer Agreement with Melvin and Martindale, Ltd., (Town Center) states, it is the responsibility of the City to install a traffic signal at the intersection of the new portion of Church Street and Colleyville Boulevard. Texas Department of Transportation has approved the signal warrants and on Thursday, February 27, 2003, bids were opened for the traffic signal with the estimated total cost being $80,000. Based upon prior discussions with the City Council, it is recommended the funding source would be using the fund balance of the General Fund. Attached is a proposed ordinance amending the FY 2002-2003 General Fund budget by $80,000. The recommended bidder for the project will be presented to the Council for approval at the March 18, 2003 Council meeting. Financial Impact Amendment of the General Fund Budget by $80,000 by using the fund balance. Recommendation Approval Attachments . Ordinance 0-03-1395 ORDINANCE 0-03-1395 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 0-02-1360 RELATING TO FISCAL YEAR 2002-2003 BUDGET FOR THE CONSTRUCTION OF A TRAFFIC SIGNAL AT THE NEW CHURCH STREET AND COLLEYVILLE BOULEVARD INTERSECTION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, additional funds are necessary to be appropriated for the construction of a signal at the intersection of the new Church Street and Colleyville Boulevard ($80,000); and WHEREAS, the appropriation was not included in the Fiscal Year 2002-2003 Budget approved by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the above premises are found to be true and correct and are hereby incorporated into the body of this ordinance as if copied in their entirety herein. Sec. 2. THAT appropriations in the annual budget for Fiscal Year 2002-2003 as adopted by Ordinance 0-02-1360 are amended to read as follows: General Fund Utility Fund (Water & Wastewater) Debt Service Fund Drainage Utility Fund $12,290,599 $ 8,161,357 $ 2,418,233 $ 621,645 Sec. 3. THAT the City Manager be and is hereby authorized to make the appropriate change to the budget to reflect the changes noted above. Sec. 4. THAT the effective date of this ordinance shall be immediate upon its passage. Ordinance 0-03-1395 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 CITY COUNCIL cc@n", AGENDA BRIEFING il'X"~ MEETING DATE: 03/04/03 CITY MANAGER , .~ ..4 _ -~ ITEM # : 9 DEPARTMENT HEAD i c:.u- RESOLUTION # : R-03-2105 FINANCE REVIEW , N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a waiver of perimeter street improvement requirements on Lots 1 and 2, Block 1, Debrecht Addition, located at 304 W. Van Oaks Drive, Case P-03-003 Reading and Public Hearing David and Johanna Debrecht are the owners of a 1.0-acre parcel of land located on the north side of Van Oaks Drive, near the west end of the street. The Planning and Zoning Commission approved a Minor Plat of the property at the February 10, 2003 meeting. The owners dedicated 25-feet of right-of-way on the plat. The owner submitted a plat of the property to create two lots, one of which is for the construction of their new residence. One of the requirements of platting two or more single family lots is to construct a portion of the street adjacent to the property, or escrow an equivalent amount of money with the City for the future construction of the street. The owner is seeking a waiver of the perimeter street construction requirement for this property, as explained in the attached letter. The Debrecht's do not own any contiguous property. The property is zoned R20 Single Family Residential. The lot has 217.8 feet of frontage on Van Oaks Drive; however, there was an existing house on one of the lots. Since lots with existing residences are exempt from this requirement, only 108.9 feet of frontage is applicable for this regulation. Van Oaks Drive is an asphalt street without curb or gutter, and there are no sidewalks on either street. The street is not a through street as it serves as an emergency access to the Remington Park subdivision. Van Oaks Drive is not proposed for widening on the Master Thoroughfare Plan. The following table shows the pertinent data relative to this request. Perimeter Street Improvement Cost Estimate STREET FRONTAGE TOTAL ESTIMATE ACTUAL COST PER LINEAR FOOT Van Oaks Drive 108.9 feet $ 14,844.13 $136.31 Agenda Briefing Resolution R-03-2105 Page 2 of 2 In December 2001, the City Council approved Ordinance 0-01-1314, which adopted new regulations for perimeter street improvement requirements for one and two lot subdivisions. The new regulations established a fee of $138.78 per linear foot of street frontage. For property that has over 100 feet of street frontage, the total cost is based on a formula that slightly reduces the per foot cost. The City Council adopted these new regulations due to concern over the current practice of waiving the perimeter street improvement requirements for one and two lot residential subdivisions due to the potential long-term financial impact to the community. Since this regulation was adopted, the Council has approved two waivers and denied two waivers. The Debrecht's have appealed this requirement as allowed by the Land Development Code. The Land Development Code gives the City Council the authority to consider a waiver from this regulation, as the Council is the appeals body for Chapter 9 of the Code, in which this regulation is contained. The City Council's options in this case are the following: 1. Approve the waiver as requested - This action would waive the perimeter street fee requirement for this property in the amount of $14,844.13. 2. Approve the waiver in part - The Council may waive a portion or percentage of the fee. 3. Denv the waiver - The property owner must escrow $14,844.13 with the City before building permits could be issued on the property. Recommendation Denial Attachments · Location Map · Letter from Applicant · Property Layout · Resolution R-03-2105 .2 At 59 c B 1.,1) pUR ~ W~ t\vD 1 .. " '2 -2 2 l\ r;nJJO ~ D.J Y~\[f.;'{ ( d" ')2 , A z, .- " ~ C-~ IJ .. ~Tl :1 TR 2 ~ .. ,. 6.50 . ...... 1 TR 1^- 12.2 At ,. TR 28 ~.05 At fR 2E1 8.788 AC TR 2F' 11~212 AC 1 TR 2^' .BD . ~ 2.TfslO"c ~ TR 'lBl 2.31" It u .. ~ 10 '" >- 11 TfI 2E 1.212 lC 10' I .2B . 13~~v~ ~ 13t.1\C ~ f1\~ 1 . " ! 2 j ! i ! T i i i TERRAC~ LIl -= 0 1 }A ~G 1<111 r.15 " ~ 1 gRS 1\ --- I rl-1 'f J.f;, vi, UR~~6 A- -1 ~ 1 ('l"':: Cl I] "' "'" II ~J II " " )T e TR 11:13 '.0 .e ~oo I I I I I LOT A : , ovn~G ! lCStJ13 ! -~ ~ 'c~-l_~~_.,_~.,...-.--I ff'H st-'1l1 ~ lHUq f..p... r-:--J ~ 1 .,., 1 1].". \,., , 1\. 16 l\ --- \ ;1('0~{..:..(! l~~f' ~. TR IA 2.15 AC .,e Location Map CASE # P-03-003 - Minor Plat - Van Oaks Addition 2 LN 10 MUIR 'TN ~( 'R " 12" 10 1 TR lEI .<II~ Ae I <l!" !~o' ~~ ~ 144 ",,1 , 5 02/13/03 THU 11: 22 FAX 9728946119 NET Confidential @002 11 Februazy, 2003 City of Colleyville 5400 Bransford Road P.O. Box 185 coneyvil1e~ TX 76034 Re: P-03-003 - Debrecht Addihon Dear Madam or Sir, I am the current owner of the property located at 304 Van Oaks Dr., Colleyviile. I submitted a subdivision plat to the City of Colleyville to divide my property into two lots, one of which J am planning to build my house. The other lot will be sold to a family to construct their home. The Planning & Zoning Commission approved the plat at their February 10th meeting. It is my lmderstanding that the City's Land Development Code requires improvements to perimeter streets or payment of escrow as part of the plat approval. I am requesting that the City Council consider a waiver of this requirement for this subdivision plat, as allowed by the Land Development Code. The property is zoned R20, which requires 20,000 sq. ft. lots. The property cannot be further divided into more lots with the current zoning. Van Oaks Dr., including the lots in qu.estion, is not shown on the city's thoroughfare plan for widening or improvement in the future. It has in fact been designated emergency access only for Remington Park and is not a through street. In addition. I would like to request a waiver for the sidewalk jnstallation requjrement. Again, no other lots on Van Oaks Dr. have a sidewalk at this time. It docs not make sense to build a sidewalk, or escrow the money for future installation, since the o\vner of every other lot on the street would need to build a sidewalk to make the effort worthwhile. If at some point the city begins a project to widen or improve the street or to put in sidewalks, I will be happy to do my pm along with the rest of the residents on Van Oaks. These are the last 2 lots on the street that are not built out with a single family residence. Thank you for your consideration of this request. c~ DAVID DEBRECHT 6616 GLENHOPE CIRCLE NORTH COLLEYVILLE, TEXAS 76034 (817) 481.1849 ! ~it i ifi I lIt ~'rl 111 It f i'l I! iiI i :11 ~tH:~ti Ii ~ II- II Iii ; II ') i~tlllll~ I ~d Id ~hI I jf ~ ~flJ:{i~!~'1 ~ i~JI 'i! i~; ! II j~ III 11-'. 1 I 1~li Iii :ij!! ~J~! I!i~ilii'if i I f!!1 II! If!! { Ij {I I J!f!I~.ll~. : lrr- in ~li ~ !! U ! :nG:ifH!1 f ~f~11 JiJ~ ~l~i ~ ~i~! ~ Illf:tJJI'11lff I I I ! -{ ~,_ lil; J !I JI I Ij;'I' ,,~ ~ I I III .-1 ~iJJ ~ . ~~~! I II,J11f'JilIJ I I I I!I I!I -f I If III I - I II: 11'~111f i I I! If!f i 1,;1 I~ Ii I I fit ~!ltJft.l _ I I 1,11 ' I' I' ij~ (II I' ;11 I H' I ,,1 I!I J~ . tlll ;- ,11 ~ I I ill! ~ I!I I!I I~t I I 1" '''"ll"IT. 'I 'N ........ "IlIA I D ImW 'X,CIlIY ImI ATA .. Ii 1~'loWI ~. ~ ,oo'lIIol ...01,_ . ". f! N !~ g ~i 0.. ;tm ~ I. .. I ~ I~ ~ I! · I_ Ii J ..I: g ~I 0.. II .00.....1 ...._. e. ~ '"' IlIlII 'Y IIIar.I ,,__ ImW _.,..__ Z or:.. 10--040 ~~E::b z~~u ~~ -g~~~~~ ~....:l ~ .S oc:Q -~a :r::N~~~81 U) .:g ::r: z ~ U E-t~UEO~~ <t: u:d"::J t=l U ~ I ~t;~t=l e-oll o.......:l,::Q< rz:I~ ~ I. ; ~I . &;!; Id ! i I il 11111 diG I ! J~ it 8 -'1 i Cl .. h ~ ~ 0 ~ <IZ[ <Ja n1 j ~z I II , nl o I~ I a Ii !!t I ll.U I ,.-- -. ._"------------.-~-,_._,._-,---"'".._~~.._-_."" .~,",.._._"_. --- RESOLUTION R-03-2105 A RESOLUTION APPROVING A WAIVER OF PERIMETER STREET IMPROVEMENT REQUIREMENTS FOR LOTS 1 AND 2, BLOCK 1, DEBRECHT ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the perimeter street improvement requirements for Lots 1 and 2, Block 1, Debrecht Addition are hereby waived. AND IT IS SO RESOLVED. NAYS AND 2003. ABSTENTIONS ON PASSED BY A VOTE OF THIS THE DAY OF AYES, ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL ccen0 Tl,~:,\:\$ AGENDA BRIEFING MEETING DATE: 03/04/03 CITY MANAGER '~ .' -- ITEM # : 10 DEPARTMENT HEAD i ~ RESOLUTION # : R-03-2106 FINANCE REVIEW ! i Previous Action: None DEPARTMENT: LIBRARY SUBJECT : Approval of an Interlocal Agreement with the North Texas Regional Library System (NTRLS) for the purpose of collection development and opening day collection services inclusive of print materials, multimedia items, periodicals, leased books and audiobooks, and foreign language materials Reading and Public Hearing The North Texas Regional Library System (NTRLS) is a non-profit organization that provides services and materials to 72 public library members and offers resources to other types of libraries. Their mission is to promote excellence in library service to Texas communities. NTRLS services include consulting services, continuing education, network resources and collection development, which includes cooperative purchasing for vendor discounts. The NTRLS conducts a comprehensive bid process for the purchase of collections, inclusive of print materials, multimedia items, periodicals, leased books and audiobooks, and foreign language materials. As a system member, public libraries may purchase collection development materials at a reduced cost. This Interlocal Agreement allows the Colleyville Public Library to purchase materials from approved NTRLS vendors, including Baker & Taylor, Online Computer Library Center (OCLC), Brodart and PTP, at the system's awarded bid price resulting in a significant cost savings. City Attorney Ross Foster has reviewed the Interlocal Agreement. Recommendation Approval Attachment . Resolution R-03-2106 RESOLUTION R-03-2106 A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WITH THE NORTH TEXAS REGIONAL LIBRARY SYSTEM (NTRLS) FOR THE PURPOSE OF COLLECTION DEVELOPMENT AND OPENING DAY COLLECTION SERVICES, INCLUSIVE OF PRINT MATERIALS, MULTIMEDIA ITEMS, PERIODICALS, LEASED BOOKS AND AUDIOBOOKS, AND FOREIGN LANGUAGE MATERIALS WHEREAS, the North Texas Regional Library System (NTRLS) is a non-profit organization that provides services and materials to 72 public libraries and offers resources to other types of libraries; and WHEREAS, the North Texas Regional Library System (NTRLS) conducts a comprehensive bid process for the purpose of collections, including print materials, multimedia items, periodicals, leased books and audiobooks and foreign language materials; and WHEREAS, the Colleyville Public Library desires enter into an Interlocal Agreement with the North Texas Regional Library System (NTRLS) for the purpose of collection development and opening day collection services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEVILLE, TEXAS: Sec. 1. THAT the Interlocal Agreement between the City of Colleyville and the North Texas Regional Library System (NTRLS), hereby attached as Exhibit "A", is approved. AND SO IT IS RESOLVED. PASSED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2003. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor INTERLOCAL AGREEMENT This Agreement is entered into on this the day of , 2003, by and between the NORTH TEXAS REGIONAL LIBRARY SYSTEM (hereinafter "NTRLS"), which is a non-profit corporation created and operated to provide governmental functions and services, and the CITY OF COLLEYVILLE (hereinafter "City"). WHEREAS, NTRLS and the City are authorized to enter into interlocal cooperation contracts under Chapter 791 of the Government Code; and WHEREAS, Section 791.025 of the Government Code specifically authorizes inter-local agreements for the purpose of purchasing goods and services; and WHEREAS, the City of Colleyville is desirous of purchasing print materials, multimedia items, periodicals, leased books and audiobooks, and foreign language materials (hereinafter "Collections") for the establishment of the Colleyville Public Library; and WHEREAS, NTRLS has obtained by bid or other negotiation favorable terms for the purchase of Collections desired by the City; and WHEREAS, the parties have agreed that the City shall buy through NTRLS the Collections it desires; and WHEREAS, the parties find the contractual payments called for under the terms of this interlocal agreement fairly compensate the performing party for the performance of the services, functions, or goods acquired under the contract. NOW, THEREFORE, upon mutual covenants, conditions and promises contained herein the parties hereby agree as follows: 1. The City shall order Collections that it desires to purchase through NTRLS by following the ordering or procurement procedures currently in place between the NTRLS and their procurement Vendors. All collections ordered by the City shall be shipped or delivered in accordance with the directions of the City. The City shall pay directly to the Vendors in accordance with the terms of the agreement between the Vendor and NTRLS all amounts due as a result of City purchases. 2. The parties will cooperate to the extent necessary to facilitate the prompt delivery of goods purchased by the City and the prompt payment for those goods in accordance with the terms of the existing agreement between NTRLS and the Vendor. 3. This contract shall not be valid until it is authorized by the governing body of both NTRLS and the City. Page 1 of 2 4. Each party to this agreement paying for goods and services in relationship to the supply of governmental services must make those payment from current revenues to the paying party. 5. This agreement shall be for the term of one (1) year from the date of its execution and may be renew annually. This agreement will become nullified when Colleyville becomes a member library. North Texas Regional Library System By: Its: City of Colleyville By: Mayor Donna Arp Attest: Cynthia Singleton, City Secretary Page 2 of 2 CITY COUNCIL cc6ce Il~X;:t$ AGENDA BRIEFING MEETING DATE: 03/04/03 CITY MANAGER ! ~L!- ITEM # : 11 , ~/1'f\ DEPARTMENT HEAD I RESOLUTION # : R-03-2107 FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT : Approval to urge the federal and state legislative bodies to reauthorize the current level of funding for Northeast Transportation Services and providing an effective date Reading and Public Hearing Northeast Transportation Services (NETS) is a small urban transit operator that has been providing on demand transportation services to the elderly and disabled in northeast Tarrant County since 1991. Funding for this service is provided through a combination of federal, state and local dollars. The local share of the funding is provided by eight cities in northeast Tarrant County that are members of the NETS Urban Transit District. These cities are: Grapevine, North Richland Hills, Hurst, Euless, Bedford, Haltom City, Colleyville, and Keller. NETS provided 13,919 trips in the 2001/2002 fiscal year. According to 2000 Census data, over 56,000 elderly and disabled persons reside in the eight member cities. The demand for and potential users of this service are much greater than the program can provide. The Federal appropriation of $260,000 per year for three years was approved as part of the Transportation Equity Act for the 21st Century (TEA-21). This funding is contingent on a $260,000 state and local match. Congress is currently preparing legislation to reauthorize TEA-21. This resolution urges Congress to include funding for NETS in the TEA-21 reauthorization. At the State level, NETS receives approximately $190,000 per biennium. Because of budgetary concerns, the remaining amount for the current biennium was reduced by approximately 20%. Governor Perry has asked TxDOT to prepare a budget for the next biennium that is 25% lower than the current reduced amount. A decrease in State funding to NETS would result in an increase of the local share to make up the match dollars to insure NETS receives the total Federal dollars available. This resolution urges the federal and state legislative bodies to reauthorize funds at the current level. Staff from the NETS member cities have been in touch with the Federal and State legislative delegation. Agenda_Briefing Resolution R-03-2107 Page 2 of 2 Recommendation Approval Attachments . Resolution R-03-2107 RESOLUTION R-03-2107 A RESOLUTION URGING THE FEDERAL AND STATE LEGISLATIVE BODIES TO REAUTHORIZE THE CURRENT LEVEL OF FUNDING FOR NORTHEAST TRANSPORTATION SERVICES (NETS) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Northeast Transportation Service is a demand response transportation service that that serves the transportation needs of senior citizens and persons with disabilities in eight Northeast Tarrant County cities; and WHEREAS, the City of Colleyville, Texas has participated in the Northeast Transportation Service since 1991; and WHEREAS, the Northeast Transportation Service provides approximately 13,000 trips per year to persons who may not otherwise have transportation for purposes such as medical appointments, employment, educational pursuits or grocery shopping; and WHEREAS, funding is provided by the Federal government, the State of Texas, and the participating cities; and WHEREAS, the federal and state funds are essential to the operation of the service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. That the City of Colleyville urges the Federal and State legislative bodies to reauthorize the current level of funding for the Northeast Transportation Service. AND SO IT IS RESOLVED. PASSED BY A VOTE OF ON THIS THE DAY OF AYES, NAYS, AND 2003. ABSTENTIONS ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TMRC City Secretary Donna Arp Mayor CITY COUNCIL cc.~ i~;l;<l$ AGENDA BRIEFING MEETING DATE: ITEM # : RESOLUTION # : 03/04/03 12 R-03-210B CITY MANAGER I DEPARTMENT HEAD i LM FINANCE REVIEW Previous Action: None DEPARTMENT: LIBRARY SUBJECT: Approval of the establishment of the Colleyville Public Library Reading and Public Hearing The Texas Library Systems Act requires the City of Colleyville to pass a resolution establishing the Colleyville Public Library. By passing this resolution, the Colleyville Public Library will be recognized by the Texas State Library. Only "recognized libraries" are eligible to apply for Telecommunications Infrastructure Fund (TIF) grants, which provides funding for library technology and infrastructure. Additionally, "recognized libraries" are eligible to be a member of the North Texas Regional Library System (NTRLS), which includes monetary support, training opportunities and information. Recommendation Approval Attachment . Excerpts of the Texas Library Systems Act . Resolution R-03-2108 S 1.73 Public Library: Legal Establishment A public library shall be established to render general library services as a department of a city or county government by charter, resolution, or ordinance; or by contract as provided for in the Government Code, Chapter 791; or as a library district established under the provisions of Local Government Code, Chapter 326, Library Districts; or as a nonprofit corporation chartered by the Office of the s.ecretary of State for the purposes of providing free public library services, and having a current contract with a city, county, school district, or library district to provide free public library services for the city, county, school district, or library district. [Adopted September I, 1977,2 TexReg 1925: Amended April 30,1985, 10 TexReg 1228: Amended March 10. 1999,24 TexReg 1(jJ2] "" RESOLUTION R-03-2108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, LEGALLY ESTABLISHING THE COLLEYVILLE PUBLIC LIBRARY DEPARTMENT WHEREAS, Rule 1.73 of the Texas Library Systems Act requires the City of Colleyville to legally establish the Library as a department of the City of Colleyville by resolution; and WHEREAS, the City of Colleyville desires to establish a Library Department for the purposes of providing free library services to its residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEVILLE, TEXAS: Sec. 1. THAT a the Colleyville Public Library Department is hereby established within the framework of the governmental organization of the City of Colleyville, which shall be known as the Library Department and it shall function according to the laws of the State of Texas and City of Colleyville. Sec. 2. THAT the Colleyville Public Library is authorized to participate in the programs and services sponsored by the Texas State Library and Archives Commission and the North Texas Library Regional System designed to improve library services and achieve economies of scale through cooperative programs. AND SO IT IS RESOLVED. PASSED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2003. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL ~~ IC'X<l$ AGENDA BRIEFING MEETING DATE: ITEM # : RESOLUTION # : 03/04/03 13 R-03-2109 CITY MANAGER i DEPARTMENT HEAD QVV\ FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval to support legislation providing support for House Bill 86 and for a statewide election, to apply to all taxing entities that property tax and valuations are frozen for those owners over the age of 65, as provided in section 11.26 of the state tax code Reading and Public Hearing The Texas State Legislature is considering legislation that will affect the property taxes and valuations for property owners 65 and older. On February 18, 2003, the Council requested that staff prepare a resolution supporting House Bill 86 and a statewide vote to amend the Texas State Constitution to freeze all property taxes and property valuations for those 65 and older in the manner it is done for school district property taxes. Upon approval, the resolution will be forwarded to the Colleyville legislation delegation. Recommendation Approval Attachments . House Bill 86 Text . Resolution R-03-2109 By: McClendon H.B. No. 86 A Bl LL TO BE ENTITLED AN ACT relating to taxes on the homesteads of the elderly. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 11.26, Tax Code, is amended to read as follows: Sec. 11.26. LIMITATION OF [SCHOOL] TAX ON HOMESTEADS OF ELDERLY;. (a) The tax officials shall appraise the property to which this section applies and calculate taxes as on other property, but if the tax so calculated exceeds the limitation imposed by this section, the tax imposed is the amount of the tax as limited by this section, except as otherwise provided by this section. A taxina unit [school district] may not increase the total annual amount of ad valorem tax it imposes on the residence homestead of an individual 65 years or older above the amount of the tax it imposed in the first tax year in which the individual qualified that residence homestead for the exemption provided by Section 11.13(c) for an individual 65 years of age or older. If the individual qualified that residence homestead for the exemption after the beginning of that first year and the residence homestead remains eligible for the exemption for the next year, and if the taxina unit [school district] taxes imposed on the residence homestead in the next year are less than the amount of taxes imposed in that first year, a taxina unit [school district] may not subsequently increase the total annual amount of ad valorem taxes it imposes on the residence homestead above the amount it imposed in the year immediately following the first year for which the individual qualified that residence homestead for the exemption, except as provided by Subsection (b). If the first tax year the individual qualified the residence homestead for the exemption provided by Section 11.13(c) was a tax year before the 1997 tax year, the amount of the limitation provided by this section is the amount of tax the taxina unit [school district] imposed for the 1996 tax year less an amount equal to the amount determined by multiplying $10,000 times the tax rate of the taxina unit [school district] for the 1997 tax year, plus any 1997 tax attributable to improvements made in 1996, other than improvements made to comply with governmental regulations or repairs. (b) If an individual makes improvements to the individual's residence homestead, other than improvements required to comply with governmental requirements or repairs, the taxina unit [SGReeI GistFiGt] may increase the tax on the homestead in the first year the value of the homestead is increased on the appraisal roll because of the enhancement of value by the improvements. The amount of the tax increase is determined by applying the current tax rate to the difference in the assessed value of the homestead with the improvements and the assessed value it would have had without the improvements. A limitation imposed by this section then applies to the increased amount of tax until more improvements, if any, are made. (c) The limitation on tax increases required by this section expires if on January 1: (1) none of the owners of the structure who qualify for the exemption and who owned the structure when the limitation first took effect is using the structure as a residence homestead; or (2) none of the owners of the structure qualifies for the exemption. (d) If the appraisal roll provides for taxation of appraised value for a prior year because a residence homestead exemption for persons 65 years or older was erroneously allowed, the tax assessor shall add, as back taxes due as provided by Subsection (d) of Section 26.09 of this code, the positive difference if any between the tax that should have been imposed for that year and the tax that was imposed because of the provisions of this section. (e) For each taxina unit [school district] in an appraisal district, the chief appraiser shall determine the portion of the appraised value of residence homesteads of the elderly on which taxina unit [school district] taxes are not imposed in a tax year because of the limitation on tax increases imposed by this section. That portion is calculated by determining the taxable value that, if multiplied by the tax rate adopted by the taxina unit [school district] for the tax year, would produce an amount equal to the amount of tax that would have been imposed by the taxina unit [school district] on residence homesteads of the elderly if the limitation on tax increases imposed by this section were not in effect, but that was not imposed because of that limitation. The chief appraiser shall determine that taxable value and certify it to the comptroller as soon as practicable for each tax year. (f) The limitation on tax increases required by this section does not expire because the owner of an interest in the structure conveys the interest to a qualifying trust as defined by Section 11.130) if the owner or the owner's spouse is a trustor of the trust and is entitled to occupy the structure. (g) Except as provided by Subsection (b), if an individual who receives a limitation on tax increases imposed by this section, including a surviving spouse who receives a limitation under Subsection (i), subsequently qualifies a different residence homestead for an exemption under Section 11.13, a taxi no unit [school district] may not impose ad valorem taxes on the subsequently qualified homestead in a year in an amount that exceeds the amount of taxes the taxino unit [school district] would have imposed on the subsequently qualified homestead in the first year in which the individual receives that exemption for the subsequently qualified homestead had the limitation on tax increases imposed by this section not been in effect, multiplied by a fraction the numerator of which is the total amount of taxinq unit [school district] taxes imposed on the former homestead in the last year in which the individual received that exemption for the former homestead and the denominator of which is the total amount of taxinq unit [school district] taxes that would have been imposed on the former homestead in the last year in which the individual received that exemption for the former homestead had the limitation on tax increases imposed by this section not been in effect. (h) An individual who receives a limitation on tax increases under this section, including a surviving spouse who receives a limitation under Subsection (i), and who subsequently qualifies a different residence homestead for an exemption under Section 11.13, or an agent of the individual, is entitled to receive from the chief appraiser of the appraisal district in which the former homestead was located a written certificate providing the information necessary to determine whether the individual may qualify for a limitation on the subsequently qualified homestead under Subsection (g) and to calculate the amount of taxes the taxino unit [school district] may impose on the subsequently qualified homestead. (i) If an individual who qualifies for the exemption provided by Section 11.13(c) for an individual 65 years of age or older dies, the surviving spouse of the individual is entitled to the limitation applicable to the residence homestead of the individual if: (1) the surviving spouse is 55 years of age or older when the individual dies; and (2) the residence homestead of the individual: (A) is the residence homestead of the surviving spouse on the date that the individual dies; and (8) remains the residence homestead of the surviving spouse. 0) If an individual who qualifies for an exemption provided by Section 11.13(c) for an individual 65 years of age or older dies in the first year in which the individual qualified for the exemption and the individual first qualified for the exemption after the beginning of that year, except as provided by Subsection (k), the amount to which the surviving spouse's taxi no unit [school district] taxes are limited under Subsection (i) is the amount of taxino unit [school district] taxes imposed on the residence homestead in that year determined as if the individual qualifying for the exemption had lived for the entire year. (k) If in the first tax year after the year in which an individual dies in the circumstances described by Subsection 0) the amount of taxino unit [school district] taxes imposed on the residence homestead of the surviving spouse is less than the amount of taxino unit [school district] taxes imposed in the preceding year as limited by Subsection 0), in a subsequent tax year the surviving spouse's taxino unit [school district] taxes on that residence homestead are limited to the amount of taxes imposed by the district in that first tax year after the year in which the individual dies. (I) For purposes of the limitation on tax increases provided by Subsection (g), the governing body of a taxino unit [school district] in a county with a population of fewer than 75,000 in a manner provided by law for official action by the governing body may elect to apply the limitation provided by Subsection (g) to the residence homestead of an individual as if that subsection were in effect on January 1, 1993. The governing body must make the election before January 1, 1999. The election applies only to taxes imposed in a tax year that begins after the tax year in which the election is made. SECTION 2. This Act takes effect September 1, 2003. RESOLUTION R-03-2109 A RESOLUTION SUPPORTING LEGISLATION PROVIDING SUPPORT FOR HB 86 AND FOR A STATEWIDE ELECTION, TO APPLY TO ALL TAXING ENTITIES THAT PROPERTY TAX AND VALUATIONS ARE FROZEN FOR THOSE OWNERS OVER THE AGE OF 65, AS PROVIDED IN SECTION 11.26 OF THE STATE TAX CODE WHEREAS, current state law provides that School District property tax and valuations are frozen for those owners over the age of 65, as provided in Section 11.26 of the state tax code; and WHEREAS, during the last several years, certain property owners have been supportive of the expansion of this tax code to apply to all taxing entities; and WHEREAS, the Northeast Tarrant County Senior Leadership is supportive of a statewide initiative to require a statewide election for November 2003 to freeze all taxing entities homestead tax and valuations for property owners over age 65; and WHEREAS, certain residents of Colleyville have requested the City Council to support this statewide election initiative; and WHEREAS, House of Representative McClendon has filed House Bill 86 mandating all taxing entities to provide for a freeze for property values and taxes for property owners over age 65. WHEREAS, the Texas legislature may consider legislation addressing over 65 property tax and valuations during the session. NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville supports legislation providing for a statewide election, to apply to all taxing entities that property tax and valuations are frozen for those owners over the age of 65, as provided in Section 11.26 of the state tax code. Sec. 2. THAT the City of Colleyville supports House Bill 86, as attached, providing for a freeze for both property valuation and taxes for owners 65 year and older. Sec. 3. THAT a copy of this resolution be forwarded to all members of the Colleyville legislative delegation. AND IT IS SO RESOLVED: APPROVED THIS AYES, ATTEST: Cynthia Singleton, TRMC City Secretary DAY OF NAYS AND Resolution R-03-2109 Page 2 of 2 2003, BY A VOTE OF ABSTENTIONS. CITY OF COLLEYVILLE: Donna Arp Mayor CITY COUNCIL C\lYor CCe", AGENDA BRIEFING 'in.:a$ MEETING DATE: 03/04/03 CITY MANAGER ~..i.? / ITEM#: 14 DEPARTMENT HEAD -/7/ ORDINANCE #: 0-02-1382 FINANCE REVIEW N/A Previous Action: Tabled DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT: Approval to adopt an Ethics Code Update 03/04/03 Staff inserted language to provide for all complaints, findings and decisions to be filed with the City Secretary. Also, language has been included that will provide for delivery of notification of all stages of the Complaint to the Complainant, the Respondent, the City Manager, the City Attorney, the Chairperson of the Ethics Commission and the City Secretary. In addition, a Delivery Notice form is provided to allow for tracking the notification process. 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. Agenda Briefing Ordinance 0-02-1382 Page 2 of 2 Attachments . Delivery Notice . Flow Chart . Ordinance 0-02-1382 DELIVERY NOTICE City Secretary's Office City of Colleyville _Notice of Complaint _Notice of Dismissal of Complaint _Notice of Evidentiary Hearing _Notice of Opinion , 2003, at o'clock received from City Secretary on the m. Colleyville Police Officer day of DELIVER TO: Respondent Name: Address: Home Telephone Number Received by: on the day of 2003, at Respondent Signature o'clock m. Complainant Name: Address: Home Telephone Number Received by: on the day of 2003, at Complainant Signature o'clock m. Bill Lindley, City Manager 5400 Bransford Road - Colleyville, Texas (817) 577-7575 Received by: 2003, at on the day of Signature o'clock m. Ross Foster, City Attorney 9001 Airport Freeway, Suite 675 - Fort Worth, Texas (817) 788-1111 Received by: on the day of 2003, at Signature o'clock m. Ethics Commission Chairperson Colleyville, Texas Received by: on the day of 2003, at Signature o'clock m. Complaint is filed with City Secretary. Within 3 business days of receipt, copies of the Complaint shall be delivered to City Attorney, City Manager, Ethics Chairperson, and Resnonclfmt Respondent shall have 10 business days from receipt of the Complaint to file a sworn response. PRELIMINARY REVIEW Conducted to determine if just cause exists to move forward with hearing on Complaint, and if Complaint is defective, untimely and or fails to state a violation of the code. An affirmative vote of two members on a finding of just cause shall result in Complaint going to evidentiary hearing. The hearing shall take place no later than 30 calendar days after any response is filed. A written decision shall be delivered to the Complainant and Respondent within 10 business days advising them of the outcome of the Preliminary Review. I If just cause is found If no just cause is found then an evidentiary then the Complaint is hearing is set. dismissed. Complainant and Respondent shall be given at least 30 calendar days notice before the Evidentiary Hearing. EVIDENTIARY HEARING Complainant and respondent present evidence and witnesses. Commission sets procedures and parameters, including amount of live testimony and length of proceedings. Commission can continue hearing if necessary. Texas Rules of Evidence do not apply. The hearing shall be held within 45 calendar days of the Preliminary Review decision. Within 10 business days of the conclusion of the Evidentiary Hearing the Commission shall render a written opinion to parties, City Attorney and City Secretary. I I If a violation is found then If no violation is found then the recommendations will be made to Complaint shall be dismissed. City Council by the Commission. 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) "Business Day" means Monday throuqh Friday, 8 a.m. to 5 p.m., excludinq official City holidays (aQ) "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. (9~) "City" means the City of Colleyville. (6t(d)"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 Ordinance 0-02-1382 Page 2 of 9 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 Convincinq 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. (fe) "Complainant" means an individual affirmatively asserting a violation of this code against another individual. (g!) "Decision" means a vote and any deliberation on any ordinance, resolution, contract, franchise or other matter. (h~) "Discretionary Authority" means the power to exercise any discretion in a decision or action. (iA) "Entity" means a sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, joint venture, receivership, trust, or any other entity recognized by law through which business may be conducted. (if) "Immediate Family Member" means the spouse, parent, parent-in-law, brother, brother-in-law, sister, sister-in-law, child, son-in- law, daughter-in-law, or other person living in the same residential dwelling unit of the person. (!sf) "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. Ok) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity. (m~) "Respondent" means an individual against whom an alleged violation of this code has been filed. (Qm) "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. Ordinance 0-02-1382 Page 3 of 9 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 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. Ordinance 0-02-1382 Page 4 of 9 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 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 councilor 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. Ordinance 0-02-1382 Page 5 of 9 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. 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. Ordinance 0-02-1382 Page 6 of 9 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 '.\'orking business days of the date of the request. In preparing the legal opinion, the requestor shall respond to request for information from the City Attorney's office concerning the matter. In the event the requestor fails to respond the City Attorney may refrain from issuing a legal opinion. 6.3 A legal opinion shall be binding upon the individual requesting same until amended or revoked. In the event a complaint is filed concerning the matter in which the legal opinion was rendered, the opinion shall be binding upon the City except to the extent the opinion was issued in bad faith or based upon material misrepresentations or omissions by the requestor. Filing and Disposition of Complaints 7.1 A.!}Y 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 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 Secrot::u)' sh311 forward a copy- of the complaint to the Respondent. the City Manager the City Attorney, and the Chairperson of the Commission.:., 3nd the respondent. The complaint shall be forwarded within three (3) 'Norking business 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) business days of receiving the complaint, unless an extension of time is granted by the Chairperson. Ordinance 0-02-1382 Page 7 of 9 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 meetingJ, 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. The Chairperson of the Commission will submit written notification of dismissal to the City Secreta ry. The Q.Q1tS?Y'LLttS?J?Qli<::~~QS?P~ItlJl eQL~llLQ~1 iveL~ritteJl!lotiQ.~ of the decision within ten (10) business days of the decision to dismiss the complaint, to both the compI3in~:mt and the respondent the Complainant, the Respondent, the City ManaQer and the City Attorney. .,-- 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 Chairperson of the Commission will submit written notification of the evidentiary hearinq to the City Secretary. The Colleyville Police Department will deliver notice to the Complainant, aRQ, the Respondent. the City Manaqer and the City Attorney of the evidentiary hearing not less than thirty (30) calendar days before the date of the hearing. The complaint shall be heard within 45 calendar 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. e. At the hearing, the Commission shall receive evidence from the CGomplainant and the Rfespondent. The Commission may request information fef-from 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 Ordinance 0-02-1382 Page 8 of 9 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, the Chairperson of the Commission will submit written notification of copies the findings and decision to the City Secretary. The Colleyville Police Department will deliver written notification of the findinqs and decision to the Complainant, the Respondent, the City Manaqer. -and the City Attorney. b\' delivor\' of the Colle.......iIIe Police Dopartment. 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. (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. Ordinance 0-02-1382 Page 9 of 9 (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 of 2002. day 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 1. Foster City Attorney COMMUNITY CENTER ADVISORY COMMITTEE MINUTES FY 2002 - 4th QUARTER MEETING NOVEMBER 4, 2002 Present: Vice Chair Andrew Wayne, Muriel Havran, Paul Vigiletti, Louis Miller, Mary Michaels, Sheryl Black, Mark Johnson, Rob Rutherford, Karen Birkes, Teri Ferney, Deputy City Manager Dianne McWethy, Center Manager Un Przybyl Absent: Chair Bonnie Carroll, Shirley Schollmeyer, Council Liaison Councilman Joe Hocutt, Council Liaison Mayor Donna Arp, 1. Vice Chair Andrew Wayne called the meeting to order at 5:35 p.m. 2. Minutes for the August 12, 2002 quarterly meeting were approved. 3. The Committee reviewed and discussed the FY2002 - 4th Quarter Report for the Community Center. 4. The Committee reviewed the minutes of the August 21, September 26, and October 16, 2002 Subcommittee Meetings. Subcommittee Chair Sheryl Black provided an update on the progress of the Marketing Subcommittee. Subcommittee Chair Andrew Wayne provided an update on the progress of the Anniversary Subcommittee. 5. The Committee considered the Marketing Subcommittee recommendation to permanently change the name from Colleyville Community Center to Colleyville Center. A motion was made to accept the Marketing Subcommittee recommendation of permanent name change to Colleyville Center, directing staff move forward in proposing a formal resolution to be submitted to the City Council for consideration at the November 19, 2002 Council Meeting. The motion was seconded and unanimously approved. 6. The Committee considered the donation request of Ann Hardy for the donation of the oil painting, Flower Children. A motion was made to accept the donation and submit a formal resolution to City Council for consideration. The motion was seconded and unanimously approved. 7. The Committee considered the donation request of the Colleyville Lions Club for the donation of a framed print. A motion was made to accept the donation and submit the request to City Council for consideration. The motion was seconded, two members of the Lions Club were asked to abstain from voting, and the motion was unanimously approved by the remaining committee members. 8. Vice Chair Andrew Wayne adjourned the meeting at 6:40 p.m. COMMUNITY CENTER ANNIVERSARY SUBCOMMITTEE MINUTES COLLEYVILLE COMMUNITY CENTER November 11, 2002 5:30 P.M. Present: Subcommittee Chair Andrew Wayne; Mark Johnson; Advisory Committee Chair Bonnie Carroll; Mary Michaels Council Liason Mayor Donna Arp; Deputy City Manager Dianne McWethy; Center Manager Lin Przybyl; Center Administrative Assistant Christine Loven Absent: Council Liaison Joe Hocutt, City Marketing Specialist Dixie Cawthorne; Shirley Schollmeyer; Sheryl Black and Paul Vigiletti; Ex-Officio Member Ret Stansberger; Ex-Officio Member Sharon O'Neil 1. Subcommittee Chair Andrew Wayne opened the meeting at 5:40 P.M. 2. Minutes for the September 26, 2002 Anniversary Subcommittee meeting were approved. 3. The Subcommittee discussed the sponsorship packets and assigned members to contact specific local restaurants, florists, and grocery stores. Confirmation of donations will be coordinated through Center staff. The VIP Reception team will confirm Lee Lighting's commitment. The subcommittee discussed Lee Lighting partnering with other Town Center tenants for the VIP Reception. 4. The subcommittee will research the availability of a strings ensemble for the VIP reception and local school cheerleaders for the bridge dedication. 5. The Subcommittee discussed and approved a timeline to have all invitations mailed out by December 13 and all sponsors committed by December 30, 2002. The Subcommittee will continue to follow through with sponsorship requests for print donations of invitations, programs and signage. 6. The next meeting was set for Wednesday, November 20,2002 at 5:30pm. 7. Chair Andrew Wayne adjourned the meeting at 7:15 p.m. COMMUNITY CENTER ANNIVERSARY SUBCOMMITTEE MINUTES COLLEYVILLE COMMUNITY CENTER November 20, 2002 5:30 P.M. Present: Subcommittee Chair Andrew Wayne; Mark Johnson; Mary Michaels; Shirley Schollmeyer Council Liaison Joe Hocutt; Center Manager Un Przybyl Absent: Sheryl Black; Paul Vigiletti; Ex-Officio Member Ret Stansberger; Ex-Officio Member Sharon O'Neil Council Liaison Mayor Donna Arp; Deputy City Manager Dianne McWethy; City Marketing Specialist Dixie Cawthorne; Center Administrative Assistant Christine Loven 1. Subcommittee Chair Andrew Wayne opened the meeting at 5:40 P.M. 2. Minutes for the November 11, 2002 Anniversary Subcommittee meeting were approved. 3. The Subcommittee discussed efforts to partner Lee Lighting and United Grocery for the VIP reception. A strings ensemble will provide entertainment for the VIP reception. 4. The Subcommittee will continue to follow through with sponsorship requests for floral, balloon bouquets, print donations of invitations, programs and signage. Sponsorship commitments were firm from Albertsons and GCISD Strings Ensemble for VI P Entertainment. 5. The next meeting was set for Tuesday, December 3,2002 at 5:30pm. 6. Chair Andrew Wayne adjourned the meeting at 6:20 p.m. COLLEYVILLE CENTER ANNIVERSARY SUBCOMMITTEE MINUTES COLLEYVILLE CENTER December 3,2002 5:30 P.M. Present: Advisory Committee Chair Bonnie Carroll, Mark Johnson; Mary Michaels; Shirley Schollmeyer, Paul Vigiletti, Ex-Officio Member Sharon O'Neil Center Manager Lin Przybyl, Center Administrative Assistant Christine Loven Abse nt: Subcommittee Chair Andrew Wayne, Sheryl Black; Ex-Officio Member Ret Stansberger Council Liaison Mayor Donna Arp; Council Liaison Joe Hocutt; Deputy City Manager Dianne McWethy; City Marketing Specialist Dixie Cawthorne 1. Acting Chair Bonnie Carroll opened the meeting at 5:35 p.m. 2. Minutes for the November 20, 2002 Anniversary Subcommittee meeting were approved. 3. The Subcommittee reviewed and discussed specific task assignments, sponsorships and participation for the 5th Anniversary Open House. 4. Food and beverage sponsorship for the VIP reception is pending. At the next meeting, the Subcommittee will confirm a schedule and timeline for the event based on sponsorships committed by the December 9, 2002 deadline. Donation forms are due by the next meeting. 5. The next meeting was set for Monday, December 9,2002 at 5:30pm. 6. Acting Chair Bonnie Carroll adjourned the meeting at 6:20 p.m. COLLEYVILLE CENTER ANNIVERSARY SUBCOMMITTEE MINUTES COLLEYVILLE CENTER December 9,2002 5:30 P.M. Present: Chair Andrew Wayne, Advisory Committee Chair Bonnie Carroll, Mark Johnson; Sheryl Black, Mary Michaels, Paul Vigiletti, Ex- Officio Member Sharon O'Neil Deputy City Manager Dianne McWethy; City Marketing Specialist Dixie Cawthorne Center Manager Lin Przybyl, Absent: Subcommittee Chair Andrew Wayne, Shirley Schollmeyer, Ex- Officio Member Ret Stansberger; Council Liaison Mayor Donna Arp, Council Liaison Joe Hocutt, Center Administrative Assistant Christine Loven 1. Chair Andrew Wayne opened the meeting at 5:35 p.m. 2. Minutes for the December 3, 2002 Anniversary Subcommittee meeting were approved. 3. The Subcommittee was in agreement to include the VIP reception with the open house and concentrate all participation at the Center between the hours of 5 :00 and 7:00 p.m. 4. The Subcommittee agreed on a tentative schedule for the event. Committee members donation forms are due by December 13, 2002. 5. The next meeting was set for Monday, January 6, 2002 at 5:30pm. 6. Chair Andrew Wayne adjourned the meeting at 6:20 p.m. 5:00 p.m. - 5:10p.m. Bridge Dedication at Riverwalk entrance 5:15p.m. Open House at Center with entertainment by Strings Ensemble in Gallery 5:30 - 5:55 - Music by David Carr 6:00 - 6: 15 - Star Spangled Banner - Matthew Lord Introductions and Program - Mayor Arp 6: 15 - 6:35 - Music by David Carr 6:35 - 7:00 - Strings Ensemble COLLEYVILLE CENTER ANNIVERSARY SUBCOMMITTEE MINUTES COLLEYVILLE CENTER January 6,2003 5:30 P.M. Present: Chair Andrew Wayne, Advisory Committee Chair Bonnie Carroll, Mark Johnson; Sheryl Black, Mary Michaels, Paul Vigiletti, Ex- Officio Member Sharon O'Neil, Ex-Officio Member Ret Stansberger City Marketing Specialist Dixie Cawthorne Center Manager Un Przybyl, Center Administrative Assistant Christine Loven Absent: Shirley Schollmeyer Council Liaison Mayor Donna Arp, Council Liaison Joe Hocutt, Deputy City Manager Dianne McWethy; 1. Chair Andrew Wayne opened the meeting at 5:35 p.m. 2. Minutes for the December 9, 2002 Anniversary Subcommittee meeting were approved. 3. The Subcommittee reviewed and finalized all sponsorship participation. 4. The Subcommittee agreed on a timeline for pre-event task assignments and event duties. 5. The Subcommittee will meet on January 10, 2003 at 4p.m. for the event. 6. Chair Andrew Wayne adjourned the meeting at 6:05 p.m. COLLEYVILLE LIBRARY BOARD MINUTES January 13, 2003 I. CALL TO ORDER - The meeting of the Colleyville Library Board was called to order at 7:06 p.m. ROLL CALL - Members present: Chair Gary Taraba, Vice Chair Carol Wollin, Pat Jones, Richard Roxburgh, Susan Barzelay, Mary Alice Rippe and Nancy Eytcheson. Members absent: Caren Handleman and Mary Ann Nicholson. Ex-Officio Members absent: Mayor Donna Arp, Dr. Kevin Singer, Dr. Larry Darlage, Steve Jacobs, Ret Stansberger and Steve Banta. Council Liaisons present: Mayor Pro Tem Ginny Tigue. Staff present: Dianne McWethy, Dixie Cawthorne and Cindy Martin. II. APPROVAL OF THE DECEMBER 9, 2002, AS CORRECTED - A motion was made by Carol Wollin, seconded by Susan Barzelay to approve the December 9, 2002 minutes, as corrected. Motion approved. III. DEVELOPMENT OF POLICIES AND PROCEDURES a. Donations Policy b. Unattended Children c. Code of Conduct d. Confidentiality e. Exhibits and Displays f. Friends g. Foundation h. Other General discussion ensued regarding the Donation, Unattended Children, Code of Conduct, Confidentiality, Exhibits and Displays, Friends and Foundation policies. There were no other policies discussed. Staff will update the policies, as amended by the Board, for consideration at the next meeting. The Board also requested that the following policies be presented for discussion at the next meeting: 1. Bulletin Boards and Handouts 2. Study Room Use 3. Computer Use IV. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY UPDATE Carol Wollin President of the Friends of the Colleyville Public Library gave an update of the Friends of Library scheduled events. V. COLLEYVILLE PUBLIC LIBRARY FOUNDATION UPDATE Mayor Pro Tem Ginny Tigue gave an overview of the Colleyville Public Library Foundation's activities. VI. DISCUSSION AND CONSIDERATION OF THE COLLEYVILLE PUBLIC LIBRARY INTEGRATED LIBRARY SYSTEM (ILS) City staff announced that the City of Colleyville has entered into negociations with an ILS vendor. VII. COLLEYVILLE PUBLIC LIBRARY DIRECTOR UPDATE City staff reviewed the hiring process for the hiring of the Library Director. VIII. CITY HALL AND LIBRARY CONUSTRUCTION UPDATE City staff provided an overview of the construction of the city hall and library. Representatives from Brinkley Sargeant Architects and F & S Partners will attend the next meeting to present the design of the library. IX. SUGGESTED ITEMS FOR FUTURE MEETINGS The Board requested that Don Johnston, Colleyville Rotary Club, be asked to attend the next meeting to present information regarding a fundraiser. X. ADJOURN: A motion was made by Pat Jones, seconded by Susan Barzelay to adjourn the meeting. Motion approved. The meeting of the Colleyville Library Board was adjourned at 8:35. RESOLUTION R-03-211 0 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MARCH 4, 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