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Home My WebLink AboutCity Council-Agenda Packets-4/1/2003 City of ~ Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD APRIL 1, 2003 5:15 P.M. - PRE-COUNCIL AGENDA PC- 1. Discussion of April 1, 2003 City Council regular agenda items 6:05 P.M. - CITY COUNCIL APPLICANT INTERVIEWS 6:20 P.M. - PLANNING AND ZONING COMMISSION APPLICANT INTERVIEWS 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 Legal - Jo Ann Johns lawsuit Deliberations regarding economic development negotiations - Town Center development Sec. 551.071 - Sec. 551.071 - Sec. 551 .087 - 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Dr. Gary Kindley of First United Methodist Church PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 2. READING AND PUBLIC HEARING - Resolution R-03-2113 - Appointment of Councilperson to Place 4 3. SWEARING IN OF NEW COUNCILPERSON 4. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS PROCLAMATION - In recognition of Child Abuse Awareness Month - Natasha Cole, Casework Supervisor and Mike Collins, Board Member for Child Advocates of Tarrant County, Inc. PRESENTATION Richard Newton in appreciation of service as Councilman, Place 4 CONSENT: 5. READING AND PUBLIC HEARING - Resolution R-03-2122- Consent Items: a. Approval of minutes of the regular City Council meeting of March 18, 2003 b. Approval of minutes of the City Council Worksession of March 5, 2003 c. Approval of minutes of the City Council and Tax Increment Financing District Board of Directors' Worksession of March 20, 2003 d. Approval of the Local Historical Marker Application for the Fire Station/City Hall e. Approval to amend the contract with Leach & Ames, Attorneys-At-Law, P.C., for Municipal Judge services f. Approval of an amendment to Section 2.3 and the addition of Section 6.4 of the Interlocal Agreement with the cities of Bedford, Euless, Grapevine and Keller to allow the City of South lake to become the sixth member of the Trunk Radio System and to provide for the payment of associated infrastructure expenses g. Approval to enter into a Mass Care Shelter Agreement with the American Red Cross for use of the Colleyville Center for shelter of victims during disasters PUBLIC HEARINGS: 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1396 - Approval to amend 0-76-220 and Section 2.1.3 of the Water and Sewer Policy and Procedures Manual 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1397 - Approval of a Special Use Permit for an accessory building on 10.272 acres located at 816 L.D. Lockett Road, Case Z-03-007 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1398 - Approval of an amendment to Chapter 6, Article II, Section 6-34. Records of the Colleyville Code of Ordinances regarding the requirement to establish quarterly reporting of alcohol and non-alcohol sales ratios, Case G-03-005 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1399 - Approval of an amendment to Chapter 1, Section 1.18.B.4.b, of the Land Development Code to expand the property owner notification for alcohol related SUP requests, Case Z -03-009 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1400 - Approval to amend the existing electric franchise between the City and Oncor Electric Delivery Company, to provide for a different consideration 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1401 - Approval to amend the existing gas franchise between the City and TXU Gas Company, to provide for a different consideration and to authorize the lease of facilities within the City's Rights-of-Way 12. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1402 - Amending Ordinance 0-02-1324 and approving the amended Tax Increment Financing (TIF) District Project Plan, Exhibit "A", attachment 3 13. READING AND PUBLIC HEARING - Resolution R-03-2123 - Consideration of appointment to the Planning and Zoning Commission 14. READING AND PUBLIC HEARING - Resolution R-03-2124 - Approval of a waiver of perimeter street improvement requirements on Lot 3R, Block 2, Thompson Terrace, located at 5009 Thompson Terrace, Case P-02-045 15. READING AND PUBLIC HEARING - Resolution R-03-2125 - Approval of the Final Plat of Remington Park Addition Phase Four, 22.498 acres located between Remington Parkway and Lavaca Trail, Case P-03-006 16. READING AND PUBLIC HEARING - Resolution R-03-2126 - Approval of City Hall and Library construction Change Order 5 and 6 with Ratcliff Constructors, Inc., in the amount of $33,920 17. READING AND PUBLIC HEARING - Resolution R-03-2127 - Approval of an Agreement with David Hickman for the design/concept/specialized studio fabrication, copper maquette, transportation and installation of the Colleyville City Hall and Public Library sculpture, in the amount of $131,500 TABLED ITEMS: 18. CONSIDERATION OF ORDINANCE 0-02-1341 - Approval to amend Ordinance 0-96-1052 PUD-R (Planned Unit Development-Residential), requested by Doug Henderson for Statepark Colleyville, Ltd., for Spring Garden Addition, located at the northeast corner of Cheek Sparger Road and Jackson Road, Case Z-02-012 19. CONSIDERATION OF ORDINANCE 0-03-1390 - Approval to rescind 0-93-915 and exempt a portion of the market value of resident homesteads of person sixty- five years of age or older and disabled persons from ad-valorem taxes, rendered after the passage of this ordinance 20. CONSIDERATION OF 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 CITIZEN COMMENTS: 21. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 22. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 1, 2003 - Reading and Public Hearing - Resolution R-03-2128 ADJOURNMENT: 23. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, March 28, 20~~~~ Cynthia Single;~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 (Q~n(/l AGENDA BRIEFING I~':\;) S MEETING DATE: 04/01103 .p j CITY MANAGER .,,""'" ,-t ITEM#: PC-1 DEPARTMENT HEAD 0P FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the April 1, 2003, City Council regular agenda items This item provides the opportunity for the City Council to discuss the April 1, 2003, City Council regular agenda items. CITY COUNCIL city O{ CC~l(/l AGENDA BRIEFING Il':':":; MEETING DATE: ITEM#: RESOLUTION #: 03/04/03 1 N/A CITY MANAGER DEPARTMENT HEAD c)J FINANCE REVIEW N/ A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551 , Subchapter 0 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 Legal - Jo Ann Johns lawsuit Deliberations regarding economic development negotiations - Town Center development Sec. 551.071 - Sec. 551.071 - Sec. 551 .087 - CITY COUNCIL c\[yor ('T?~ilJ3 AGENDA BRIEFING ~\C/ 'L'X;):; MEETING DATE: ITEM#: RESOLUTION #: 04/01/03 2 R-03-2113 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW ! N/A Previous Action: Passed over March 18, 2003 DEPARTMENT: CITY COUNCIL SUBJECT: Appointment of a Councilperson, Place 4 Reading and Public Hearing Richard Newton resigned as Councilmember, Place 4 and City Council accepted the resignation effective March 18, 2003. Section 3.05 of the City Charter requires that a vacancy in the Council shall be filled within thirty (30) days of the occurrence of the vacancy by a selection of an individual that (a) is a resident of Colleyville and shall have been a resident for a period of not less than twelve months immediately preceding their election; (b) is a qualified voter of the State of Texas and the City of Colleyville; and (c) is not indebted to the City. The appointee will serve until the position is filled at the Special Election, to be held May 3, 2003. Attachments . Councilmember Richard Newton, Place 4, Resignation · Excerpts of the Colleyville City Charter . Applications for Appointment · Resolution R-03-2113 City of Texas March 13,2003 Mayor Donna Arp and City Council BilILmdky,Cny~~ Cynthia Singleton, City Secretary Dear Colleagues, Since it is my intention to file as a candidate for the office of Mayor of the City of Colleyville, please consider this my official resignation from Colleyville City Council Place 4 according to Section 3.08E of the Colleyville City Charter. That chart~ provision requires that any elected official seeking election to any other elected position must resign his current office at the time of filing. It has been an honor to serve as City Councilman Place 4 smce November 2001. I appreciate the confidence the citizens ofColleyville have shown me, and pledge to continue my efforts to serve all citizens. I anticipate that this resignation will be acted upon at the next regular city council meeting on March 18,2003. According to the city attorney my position on city council will not be vacated until this resignation is accepted by action of the city council. Therefore I will fulfill my duties as City Councilman Place 4 until this resignation is accepted. Very truly yours, .!ZA~ Richard Newton City Council Place 4 P.O. BOX 185 cOLLEYVILLE. TEXAS 76034 (817) 577-7575 CHARTER of city Of TexaS DATED: 11/7/95 llC6 shall be staggered so that Council Persons from Place 1 and 2 at large and the Mayor shall be elected one (1) year and Council Persons from Places 3. 4. and 5 at large shall be elected the following year. Each of the Council Persons and Mayor. unless sooner removed under the provisions of this Charter. shall hold office until his successor is elected and duly sworn. Regular terms of office shall commence at the beginning of the first regular meeting of the Council following the election as provided in Article 4. Section 3.02 Qualifications: Each candidate for membership and each member of the City Council shall be and remain: (a) A resident of the City of Colleyville and shall have been a resident for a period of not less than twelve (12) months immediately preceding their election or a resident 01 any territory not formerly within the corporate limits of the City but which is annexed under the provisions of this Charter for twelve (12) months preceding their election; (b) A qualified voter of the State of Texas and the City of Colleyville; (c) Not indebted to the City. It any member of the Council fails to maintain the foregoing qualifications. or shall fail to maintain the seventy-five percent (75%) attendance record for all regularly scheduled meetings. as specified in Section 3.09 hereof. during each elected year, or shall be convicted of a felony or offense involving moral turpitude, the Council shall declare a vacancy in the office of that member of the Council at its next regular meeting and shall fill the vacancy as set forth in this Charter. (Amended April 7, 1984) ~e~tion_:3.93__~OJlT1~il JO~~nJ_u9ge of EI~~tioI1QualifiC::C1tiQ.ns: The Council shall be the judge of the election and qualification of its own members. ~E!~ti.9.!13. 04__C o lT1fle 11 sation: The Mayor and Council Persons shall not receive a salary. but shall be entitled to actual and necessary expenses incurred in the performance of their specific official duties of the office. All expenses shall be subject to prior approval of the Council. Section 3.05 Vacancies: A single vacancy in the Council shall be filled within thirty (30) days of the occurrence of the vacancy by a majority vote of the remaining members of the Council by selection of a person qualified for the position as described in this Charter. This appointee shall serve until the position can be filled at the next regular or special City election as provided by law. However. if such vacancy occurs within one hundred twenty (120) days 01 a regular election. then no election shall be called to fill the vacancy, and the remaining Council members shall appoint a qualified person to fill the vacancy until the regular election. Notwithstanding the requirement in Section 3.09 that a quorum of the Council consists of four (4) members. if at any time the membership of the Council is reduced to less than four (4). the remaining members may by majority action appoint additional 4 ~~, L~ ~ IU~ IE Ul IE ~ MAR 1 9 2003 ~ CITY SECRETARY'S OFFICE Cily Of Texas Application for Consideration of Appointment for Council member, Place 4, To Serve Until the Special Election To Be Held May 3, 2003 As per the Charter of the City of Colleyville, Texas, Section 3.02, Qualifications, each candidate for membership and each member of the City Council shall be and remain: (a) A resident of the City of Colleyville and shall have been a resident for a period of not less than twelve (12) months immediately preceding their election or a resident of any territory not formerly within the corporate limits of the City but which is annexed under the provisions of this Charter for twelve (12) months preceding their election; (b) A qualified voter of the State of Texas and the City of Colleyville; (c) Not indebted to the City. I, J -a "\;~ e.So ~ (J t"1M, ~ C ~ (' e...- do hereby attest that I meet the above qualifications for membership of the Colleyville City Council and; therefore, I am hereb~bmitting my..name for consideration of appointment to Council member, Place 4, totetxfe until th, . I Electio to be held May 3, 2003. . ttfL. ~/ ~ ,~ . .:~~~~~ Applications for Consideration of Appointment must be submitted to the Office of the City Secretary no later than 5:00 p.m. on Thursday, March 27, 2003. The applicant is hereby requested to submit the Financial Disclosure and Business Conflict of Interest Forms. Attachment: Financial Disclosure and Business Conflict of Interest Forms CHY of 0 IE t IE ~ ~ IE MAR 20 2003 TexaS CITY SECRETARY'S OFFICE Application for Consideration of Appointment for Councilmember, Place 4, To Serve Until the Special Election To Be Held May 3,2003 As per the Charter of the City of Colleyville, Texas, Section 3.02. Qualifications, each candidate for membership and each member of the City Council shall be and remain: (a) A resident of the City of Colleyville and shall have been a resident for a period of not less than twelve (12) months immediately preceding their election or a resident of any territory not formerly within the corporate limits of the City but which is annexed under the provisions of this Charter for twelve (12) months preceding their election; (b) A qualified voter of the State of Texas and the City of Colleyville; (c) Not indebted to the City. I, ~V'o"""'-e..... O.::;....<...J{~ do hereby attest that I meet the above qualifications for membership of the Colleyville City Council and; therefore, I am hereby submitting my name for consideration of appointment to Councilmember, Place 4, to serve until the Special Election to be held May 3, 2003. r il.-. 3~:J.C,--C7 Applications for Consideration of Appointment must be submitted to the Office of the City Secretary no later than 5:00 p.m. on Thursday, March 27, 2003. The applicant is hereby requested to submit the Financial Disclosure and Business Conflict of Interest Forms. Attachment: Financial Disclosure and Business Conflict of Interest Forms C fC II 'lIe Financial Disclosure and Business Conflict of Interest Forms it yo o eYVI INFORMATION STATEMENT Form 1 Filed in accordance with Ordinance 02-1322 TOTAL NUMBER OF PAGES FILED OFFICE USE ONLY 1 NAME TITLE. FIRST. MI .- D"-I.f'1J ~ ,. Hre:" ~ rr n n n r;:;- f;;;;; f\.ILkt;..~ -J e ;-", j4C. ~ I ~f.!::;-UWU;; L..l NICK N....ME. LAST SUFFIX nl MAR 20 2003 ~ .1 2 ADDRESS ADDRESS i CITv I STATE J ZIP / 7D~ A v 4.... J 0 v.. CITY SECRETARY'S Ci..JlejV,'lIej TY 7t.o3A/ OFFICE ReceIPt Numl)tr I~I 3 TELEPHONE AREA CODE PHONE NUMBER; EXTENSION NUMBER Dew ProcelHO ( 7)7 ) 57/-;LJ 5 ..:) 00.._ 4 REASON pIlL [" C q -C,-i-y C.)..~&, I FOR FILING 00 CANDIDATE (INDICATE OFFICE) STATEMENT o ELECTED OFFICIAL (INDICATE OFFICE) D ZONING BOARD OF ADJUSTMENT (APPLICANT OR APPOINTEE) 0 PLANNING AND ZONING COMMISSION (APPLICANT OR APPOINTEE) 0 TWO (2) BUSINESS DAYS FOLLOWING THE CLOSING OF FILING FOR ELECTIVE OFFICE OR APPOINTMENT 0 CHANGES TO BE FILED JANUARY 15TH 0 CHANGES TO BE FILED JULY 15TH 0 SUPPLEMENTAL CHANGES 5 Provide information for spouse and dependent children whose financial activity the filer had actual control over dunng this filing period. In addition. the source of annual Income of the spouse shall be provided, as subject to federal election reporting requirements for a spouse: !:sa SPOUSE f)1!",.-, fiu, D.z '-'} ~ o DEPENDENT CHILD 1 2 3 6 0 NO CHANGE. I do by here verify that there has been no changes since the previous filing of the Financial Disclosure and Business Conflict of Interest Forms. PLEASE SEE FORM 8 In parts 1-4 disclose your financial activity during the 12 months proceeding the date of filing. In part 5 disclose not only your own financial activity, but also that of your spouse and/or dependent child or children, if you had actual control over that person's financial actiVity. COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: ,';-ep DATE: ~~ ~/)-D3 City of Colleyville Financial Disclosure and Business Conflict of Interest Forms SOURCES OF OCCUPATIONAL INCOME Form 2 When reportrng rnformatlon about a dependent child's activity. indicate the child about whom you are reporting by providing the number under which the child is listed on FORM 1. , INFORMATION RELATES TO ~ FILER o SPOUSE o DEPENDENT CHILD 2 NAME AND ADDRESS OF EMPLOYER I POSITION HELD EMPLOYMENT o EMPLOYED BY ANOTHER NATURE OF OCCUPATION I NAME AND ADDRESS I POSITlON HELD JgI SELF EMPLOYED Ref, 'r~ d re.l/re~ INFORMATION RELATES TO D FILER iii SPOUSE D DEPENDENT CHILD NAME AND ADDRESS OF EMPLOYER I POSITION HELD EMPLOYMENT o EMPLOYED BY ANOTHER NATURE OF OCCUPATION I NAME AND ADDRESS I POSITION HELD ~ SELF EMPLOYED ~J,,.e~~ r<:- '!-''vc-,J.. INFORMATION RELATES TO D FILER D SPOUSE D DEPENDENT CHILD EMPLOYMENT NAME AND ADDRESS OF EMPLOYER I POSITION HELD D EMPLOYED BY ANOTHER NATURE OF OCCUPATION o SELF EMPLOYED COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: I~ , DATE: 3-~tJ-~~ City of Colleyville FinanCial Disclosure and Business Conflict of Interest Forms INTERESTS IN REAL PROPERTY Form 3 Descrrbe all beneficial interests in real property held or aCQuired by you, your spouse, or a dependent child durrng the calendar year within the area crosshatched on the map attached to Ordinance 02-1322. For more Information see INSTRUCTION GUIDE When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child IS listed on Form 1 . 1 HELD OR ACQUIRED BY ~ FILER IXI SPOUSE o DEPENDENT CHILD 2 DESCRIPTION Lot Ib City Cl.-II~.., If}'flt"' Block 3 County .~ ""'-4....,. ~ Subdivision Cf.r~'$ ..~ fJ#t ... Ie.. Ad Valorum Tax Account Number '/;L c;"C-rt!':.. C(! ~3i.~:"-G> Acres and Tract 3 STREET ADDRESS STREET ADDRESS, INCLUDING CITY, COUNTY, AND STATE /7~1f A I.h-/ "Vi.. o NOT APPLICABLE C..dl e i Lf ."1/ c.. / 'j.K 7(,..03, LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTITIES 4 NAME WHICH OWN AN INTEREST IN THE REAL PROPERTY D INDIVIDUAL piA- D BUSINESS HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD 2 DESCRIPTION Lot City Block County Subdivision Advalorum Tax Account Number Acres and Tract 3 STREET ADDRESS STREET ADDRESS. INCLUDING CITY, COUNTY, AND STATE o NOT APPLICABLE 4 NAME LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTITIES D INDIVIDUAL WHICH OWN AN INTEREST IN THE REAL PROPERTY o BUSINESS COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: fpJ DATE: 3- ;)...7> v(;.J City of Colleyville Financial Disclosure and Business Confhct of Interest Forms Gifts Form 4 Identify any person or organization that has given a gift worth more than $250 to you. or those under your financial control as defined In Ordlnace 02-1322. Do not Include: 1) expenditures required to be reported by a person required to be registered as a lobbyist under Government Code. Chapter 305. 2) political contributions reported as reqUired by law. or 3) gifts given by a person related to the recipient within the second degree by consangUinity or affinity. When reporting information about a dependent child's activity. indicate the child about whom you are reporting by providing the number under which the child is listed on Form 1 . 1 RECIPIENT o FILER o SPOUSE o DEPENDENT CHILD 2 NAME AND ADDRESS DONOR ;J j/t 3 DESCRIPTION OF GIFT RECIPIENT o FILER o SPOUSE o DEPENDENT CHILD NAME AND ADDRESS DONOR DESCRIPTION OF GIFT RECIPIENT o FILER o SPOUSE o DEPENDENT CHILD NAME AND ADDRESS DONOR DESCRIPTION OF GIFT COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: fr DATE: .3 ~~4 ""-0.] City of Colleyville Financial Disclosure and BUSiness Conflict of Inlerest Forms BOARDS AND EXECUTIVE POSITIONS Form 5 This section IS for information concerning executive posihons and directorship held by you or those under your financial control. For more informahon see INSTRUCTION GUIDE When reporting Informahon about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on Form 1. , POSITION HELD BY o FILER o SPOUSE o DEPENDENT CHILD 2 ORGANIZATION ADDRESS 0 NON PROFIT JJA o CHARITABLE ASSOCIATION o BUSINESS ASSOCIATION 3 POSITION HELD POSITION HELD BY o FILER o SPOUSE o DEPENDENT CHILD ORGANIZATION ADDRESS 0 NON PROFIT ;VIA- o CHARITABLE ASSOCIATION o BUSINESS ASSOCIATION POSITION HELD POSITION HELD BY o FILER o SPOUSE o DEPENDENT CHILD ORGANIZATION POSITION HELD COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: f1v DATE: 3 ~-o3 Financial Disclosure and Business Conflict of Interest Forms Citv of Collevville BANKRUPTCIES Form 6 Individuals shall disclose any bankruptcy petillon by or against the individual, their spouse, a business entity In which the indIvidual owned a beneficial interest of 10% or more, or a business entity In which the individual was an officer or director of the business entity at the lIr:ne of bankruptcy filing. For more information see INSTRUCTION GUIDE 1 TYPE OF BANKRUPTCY o PERSONAL o BUSINESS Ii N/A o NONE NAME 2 CHAPTER 07 0" 013 3 IF CHAPTER 7 DID YOU RECEIVE A DYES DNO DISCHARGE 4 IF CHAPTER 11 OR 13 DID YOU COMPLETE DYES DNO A SUCCESSFUL REORGANIZATION Misdemeanor Involving Moral Turpitude and Felonies Individuals shall disclose any information which charges a misdemeanor involving moral turpitude, a felony indictment, conviction of a misdemeanor involving moral turpitude or conviction of a felony of the individual or of a business entity In which the Individual had a 10% or more beneficial interest or where the individual was at the time of the filing or conviction an officer or director of the business entity. 1 NAME Business or Entity Charged o PERSONAL o BUSINESS jJ~ 2 TYPE OF INDICTMENT or INFORMATION 3 NATURE OF OFFENSE DESCRIPTION 4 DISPOSITION OF INDICTMENT or INFORMATION COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: ~7 DATE: -{~,)..O ~ oJ City of Colleyville Financial Disclosure and Business Conflict of Interest Forms INTERESTS IN PARTNERSHIPS, JOINT VENTURES, Form 7 OR OTHER BUSINESS ASSOCIATIONS Describe all interests in business entitles held or acquired by you or those under your financial control as defined In Ordinance 02-' 322. For an explanation of "beneficial interest" and other specific directions for completing this section. see INSTRUCTION GUIDE. When reporting information about a dependent child's activity. indicate the child about whom you are reporting by providing the number under which the child is listed on Form' . JlIA 1 HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD 2 DESCRIPTION NAME ANa ADDRESS . 3 NATURE OF BUSINESS HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD DESCRIPTION NAME ANa ADDRESS NATURE OF BUSINESS HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD DESCRIPTION NAME AND ADDRESS NATURE OF BUSINESS COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY '1 INITIAL HERE: p:y DATE: "3.-;L1I -' lJ J City of Colleyville Financial Disclosure and Business Conflict of Interest Forms PERSONAL FINANCIAL STATEMENT Form 8 AFFIDAVIT The Ordinance 02-1322 requires that the disclosures In the Financial Disclosure and Business Conflict of Interest Forms be verified. The verification page must have the signatures of the Financial Disclosure and Business Conflict of Interest Forms, as well as the signature and seal of a notary public. Without proper verification, the statement IS not considered filed. Falsification of information IS subject to criminal prosecution under state penal code. Before me, the undersigned authority, personally appeared J~Vi.. ~ c::: 04 ..;, :..s who, after being duly sworn upon their oath deposed and stated as follows: "My name is ~ I" i... -tot ~ (Ja \.1,5 and I hereby submit for filing pursuant to Ordinance No. 0-02-1322 of the City of Colleyville, the attached Financial Disclosure and Business Conflict of Interest Forms. I have personal knowledge of all information contained in said forms and all information contained in the forms is true and correct." "Further, all of the information contained in the forms is complete. There is no information that has been withheld or not disclosed which is responsive to or required to be disclosed by the forms." ~Aff;'~ Sworn to and subscribed before me, this the c::JO day of !h~~- .;J ctJ3 , -fOO2':"" . - -c..-r . - l .'''''''. :~ f~~--', BELENOIA MOORE .. ~\.~.)*i MY COMMISSION EXPIRES ~ \~....~.o' Oecember 07,2006 -",...~......, -- ..,,-, _ --'-J'J....-~ pht~~ Notary Public, State of Texas INITIAL HERE: ~ DATE: .3 - ,2- i) , 03 ORDINANCE NO. 0-02-1322 Exhibit "A" TarTant County Dallas County The crosshatched area is the portion of Tarrant County north of Interstate 30 and east of Interstate 35 W, and that portion of Denton County south of State Highway 114 and east of Interstate 35 W city or fB)~~~~W[E~ tnl lIAR 2 5 2003 :::.; TL~ D"-Y 1'exilS CITY SECRETARY'S OFFICE Application for Consideration of Appointment for Councilmember, Place 4, To Serve Until the Special Election To Be Held May 3, 2003 As per the Charter of the City of Colleyville, Texas, Section 3.02, Qualifications, each candidate for membership and each member of the City Council shall be and remain: (a) A resident of the City of Colleyville and shall have been a resident for a period of not less than twelve (12) months immediately preceding their election or a resident of any territory not formerly within the corporate limits of the City but which is annexed under the provisions of this Charter for twelve (12) months preceding their election; (b) A qualified voter of the State of Texas and the City of Colleyville; (c) Not indebted to the City. I, do hereby attest that I meet the above qualifications for membe ip of the Colleyville City Council and; therefore, I am hereby submitting my name for consideration of appointment to Councilmember, Place 4, to serve until the S~ial_ Ele 'on to be held May 3, 2003. cCX, ~ ~'-,2r-O} Attest: Applications for Consideration of Appointment must be submitted to the Office of the City Secretary no later than 5:00 p.m. on Thursday, March 27, 2003. The applicant is hereby requested to submit. the Financial Disclosure and Business Conflict of Interest Forms. Attachment: Financial Disclosure and Business Conflict of Interest Forms City of Colleyville Financial Disclosure and Business ConflIct of Interest Forms INFORMATION STATEMENT Form 1 Filed in accordance with Ordinance 02-1322 TOTAL NUMBER OF PAGES FILED OFFICE USE ONLY 1 NAME TITLE, FIRST. MI Ac:count NUmOI" Edt.0 It...d t.. NICKNAMELASTCU';;i) & A ke r" 1v. ~[E~Wl{Efn\ MAR 2 5 2003 ~I 2 ADDRESS ADDRESS I CITY I STATE I ZIP /{,b (p jJ ii h I ~,4 J N III s Co Iletu; Il(l) 1e'L,;;)'j 7'o-ay CITY SECRETAR','S OF~!CE 3 TELEPHONE NUMBER ARE.... CODe PHONE NUMBER: EXTENSION Recetpt Number Atnounl Dale PracelHCl ( f'/1) o CANDIDATE o ELECTED OFFICIAL DOlO _ 4 REASON FOR FILING STATEMENT Mc~ \.f"" (INDICATE OFFICE) (INDICATE OFFICE) o ZONING BOARD OF ADJUSTMENT (APPLICANT OR APPOINTEE) D PLANNING AND ZONING COMMISSION (APPLICANT OR APPOINTEE) D TWO (2) BUSINESS DAYS FOLLOWING THE CLOSING OF FILING FOR ELECTIVE OFFICE OR APPOINTMENT D CHANGES TO BE FILED JANUARY 15TH o CHANGES TO BE FILED JULY 15TH o SUPPLEMENTAL CHANGES 5 Provide information for spouse and dependent children whose frnanclal activity the filer had actual control over dUring this filing period. In addition, the source of annual Income of the spouse shall be provided, as subject to federal election reporting requirements for a spouse: o SPOUSE -:D (5"" i ~ o DEPENDENT CHILD ~. ~ 4- kc. yo 2 3 6 0 NO CHANGE. I do by here verify that there has been no changes since the previous filing of the Financial Disclosure and Business Conflict of Interest Forms. PLEASE SEE FORM 8 In parts 1-4 disclose your financial activity during the 12 months proceeding the date of filing. In part 5 disclose not only your own financial activity, but also that of your spouse and/or dependent child or children, if you had actual control over that person's financial actiVity. COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: DATE: ~ ~ - , S - - 0 ~ ,. City of Colleyville Financial Disclosure and Business Confhct of Interest Forms SOURCES OF OCCUPATIONAL INCOME Form 2 When reporting Information about a dependent child's activity. mdlcate the child about whom you are reportmg by providing the number under which the child is listed on FORM 1. 1 INFORMATION RELATES TO Ud"FILER o SPOUSE o DEPENDENT CHILD 2 EMPLOYMENT CfrEMPLOYED BY ANOTHER NAME AND ADDRESS OF EMPLOYER I POSITION HELD S' ~ b -f l.Y c:. I I cf. Q. ~ n. I ::J-I-J c.. 3r?> s- 1="1" ~....u hee l 1).., \S E' 5 u.. tt~ ~ .J::/o cue,.. 1M ov..N d, -re ')C.~ ~ "7 S-o~ f o SELF EMPLOYED NATURE OF OCCUPATION I NAME AND ADDRESS I POSITION HELD e 110);'1' MlI N # ~ bl) INFORMATION RELATES TO o FILER o SPOUSE o DEPENDENT CHILD EMPLOYMENT NAME AND ADDRESS OF EMPLOYER I POSITION HELD o EMPLOYED BY ANOTHER NATURE OF OCCUPATION I NAME AND ADDRESS I POSITION HELD o SELF EMPLOYED INFORMATION RELATES TO o FILER o SPOUSE o DEPENDENT CHILD EMPLOYMENT NAME AND ADDRESS OF EMPLOYER I POSITION HELD o EMPLOYED BY ANOTHER o SELF EMPLOYED NATURE OF OCCUPATION COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: @P DATE: ".3 - ~r: ~ ~ City of Colleyville Financial Disclosure and Business Confhct of Interest Forms INTERESTS IN REAL PROPERTY Form 3 Describe all beneficial interests In real property held or aCQUired by you. your spouse, or a dependent child dunng the calendar year within the area crosshatched on the map attached to Ordinance 02-1322. For more Information see INSTRUCTION GUIDE When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on Form 1. 1 HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD 2 DESCRIPTION Lot City Block County Subdivision Ad Valorum Tax Account Number Acres and Tract 3 STREET ADDRESS STREET ADDRESS. INCLUDING CITY, COUNTY, AND STATE D NOT APPLICABLE LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTITIES 4 NAME WHICH OWN AN INTEREST IN THE REAL PROPERTY o INDIVIDUAL D BUSINESS HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD 2 DESCRIPTION Lot City Block County Subdivision Advalorum Tax Account Number Acres and Tract 3 STREET ADDRESS STREET ADDRESS, INCLUDING CITY. COUNTY. AND STATE D NOT APPLICABLE 4 NAME LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTITIES D INDIVIDUAL WHICH OWN AN INTEREST IN THE REAL PROPERTY o BUSINESS COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: @ DATE: 03-~S-""'o 3 , City of Colleyville Financial DiSClosure and BusIness Conflict of Interest Forms Gifts Form 4 Identify any person or organization that has given a gift worth more than $250 to you. or those under your finanCial control as defined In Ordlnace 02-1322. Do not Include: 1) expenditures required to be reported by a person required to be registered as a lobbYIst under Government Code. Chapter 305. 2) pOlitIcal contributions reported as required by law. or 3) gIfts given by a person related to the reCipIent within the second degree by consanguinrty or affinity. When reporting information about a dependent child's activity, indicate the child about whom you are reporting by proViding the number under which the child is listed on Form 1. 1 o FILER RECIPIENT o SPOUSE o DEPENDENT CHILD 2 NAME AND ADDRESS DONOR 3 DESCRIPTION OF GIFT RECIPIENT o FILER o SPOUSE o DEPENDENT CHILD NAME AND ADDRESS DONOR DESCRIPTION OF GIFT RECIPIENT o FILER o SPOUSE o DEPENDENT CHILD NAME AND ADDRESS DONOR DESCRIPTION OF GIFT COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: ~ DATE: oS -,.tr-O~ '---'" City of Colleyville Financial DIsclosure and Business Conflict of Interest Forms BOARDS AND EXECUTIVE POSITIONS Form 5 This section IS for Information concernrng executive positions and directorship held by you or those under your financial control. For more information see INSTRUCTION GUIDE When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on Form 1. 1 o SPOUSE POS ITION HELD BY o FILER o DEPENDENT CHILD 2 ORGANIZATION ADDRESS 0 NON PROFIT o CHARITABLE ASSOCIATION o BUSINESS ASSOCIATION 3 POSITION HELD POSITION HELD BY o FILER o SPOUSE o DEPENDENT CHILD ORGANIZATION ADDRESS 0 NON PROFIT o CHARITABLE ASSOCIATION o BUSINESS ASSOCIATION POSITION HELD POSITION HELD BY o FILER o SPOUSE o DEPENDENT CHILD ORGANIZATION POSITION HELD COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: D/ DATE: O?- ~,..- oS'" Financial Disclosure and Business Conflict of Interest Forms Citv of Collewille BANKRUPTCIES Form 6 IndIviduals shall disclose any bankruptcy petitIon by or against the individual, theIr spouse, a business entity In which the individual owned a beneficial Interest of 10% or more. or a business entity in which the Individual was an officer or director of the business entity at the tllTle of bankruptcy filing. For more information see INSTRUCTION GUIDE 1 TYPE OF BANKRUPTCY o PERSONAL o BUSINESS o N/A ~ NONE NAME 2 CHAPTER 07 011 013 3 IF CHAPTER 7 DID YOU RECEIVE A DYES ONO DISCHARGE 4 IF CHAPTER 11 OR 13 DID YOU COMPLETE DYES DNO A SUCCESSFUL REORGANIZATION Misdemeanor Involving Moral Turpitude and Felonies Individuals shall disclose any information which charges a misdemeanor InvolVing moral turpitude, a felony Indictment, conviction of a misdemeanor involving moral turpitude or conviction of a felony of the individual or of a business entity In which the Individual had a 10% or more beneficial interest or where the individual was at the time of the filing or conviction an officer or director of the business entity. 1 NAME Business or Entity Charged o PERSONAL o BUSINESS 2 TYPE OF INDICTMENT or INFORMATION 3 NATURE OF OFFENSE DESCRIPTION 4 DISPOSITION OF INDICTMENT or INFORMATION COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: @ DATE: 0 ~ ' 2)--03 City of Colleyville Financial Disclosure and Business Confhct of Interest Forms INTERESTS IN PARTNERSHIPS, JOINT VENTURES, Form 7 OR OTHER BUSINESS ASSOCIATIONS Describe all Interests in business entities held or acqUIred by you or those under your financial control as defined m Ordinance 02-1322. For an explanation of "beneficIal interest" and other specific dIrections for COmpleltng this seclton, see INSTRUCTION GUIDE. When reporting information about a dependent child's activity, indicate the child about whom you are reportmg by providing the number under which the child is listed on Form 1. , HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD 2 DESCRIPTION NAME AND ADDRESS - 3 NATURE OF BUSINESS HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD DESCRIPTION NAME AND ADDRESS NATURE OF BUSINESS HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD DESCRIPTION NAME AND ADDRESS NATURE OF BUSINESS COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY ~ INITIAL HERE: (&1)- DATE: () "3 - ~ j-.... 0 3 City of Colleyville Financial Disclosure and Business Conflict of Interest Forms PERSONAL FINANCIAL STATEMENT Form 8 AFFIDAVIT The Ordinance 02.1322 requires that the disclosures In the FinancIal Disclosure and Business Conflict of Interest Forms be verified. The verification page must have the signatures of the Financial Disclosure and Business Conflict of Interest Forms. as well as the signature and seal of a notary public. Without proper verification, the statement IS not considered filed. Falsification of information is subject to criminal prosecution under state penal code. Before me, the undersigned authority. personally appeared ~d. L'!5a... K e.Y"' who, after being duly sworn upon their oath deposed and stated as follows: "My name is ~j L. '8,. if e~. 1"r: " and I hereby submit for filing pursuant to Ordinance No. 0-02-1322 of the City of Colleyville, the attached Financial Disclosure and Business Conflict of Interest Forms. I have personal knowledge of all information contained in said forms and all information contained in the forms is true and correct." "Further, all of the information contained in the forms is complete. There is no information that has been withheld or not disclosed which is responsive to or required to be disclosed by the forms." c~ 4:- y Swom to and subscribed befo,e me, this the ~l'.6 day of ~,'/) .J' ,20Qt. "";.,~ ....... ...... ..... .-. ...... ... '^"- --~~L..'~w"'. . ',-~ .~ INITIAL HERE: DATE: .tJ ~ - ~ S- -lJ 3 ORDINANCE NO. 0-02-1322 Exhibit "A" ( ) / f Tamlnt County Dallas County The crosshatched area is the portion of Tarrant County north of Interstate 30 and east of Interstate 35 W, and that portion of Denton County south of State Highway 114 and east of Interstate 35 W RESOLUTION R-03-2113 A RESOLUTION APPOINTING A COUNCILPERSON, PLACE 4 WHEREAS, Richard Newton has resigned as Councilperson, Place 4, and such resignation has been accepted by the City Council; and WHEREAS, the Colleyville City Council will appoint a Councilperson, Place 4, to serve until a Special Election is held on May 3, 2003, to fill the vacancy created by the resignation of Richard Newton. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1 . THAT is hereby appointed to serve as Council member, Place 4, until a Special Election is held May 3, 2003. AND IT IS SO RESOLVED. APPROVED THIS AYES, DAY OF NAYS, AND , 2003 BY A VOTE OF ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor PRE-COUNCIL Ctly Of (Dpj~~m:9 AGENDA BRIEFING ~--- Il':>': ~s MEETING DATE: ITEM#: RESOLUTION #: 04/01/03 3 N/A CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW ,< J /')' Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Swearing In of New Councilperson This item provides for the Swearing in of Councilperson, Place 4. In the name and-by the authority of The State of Texas OATH OF OFFICE I, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Affiant SWORN TO and subscribed before me by affiant on this day of Signature of Person Administering Oath Is..n Printed Name Title CITY COUNCIL ell Y Of CC~D(/l AGENDA BRIEFING -'-ex~$ MEETING DATE: ITEM#: RESOLUTION #: 04/01/03 4 N/A CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENT A TIONS PROCLAMATION - In recognition of Child Abuse Awareness Month - Natasha Cole, Casework Supervisor and Mike Collins, Board Member for Child Advocates of Tarrant County, Inc. PRESENTATION - Richard Newton in appreciation of service as Councilman, Place 4 ?if~~~~,~~ Colleyville, Texas roclamation CITY OF WHEREAS: Child Advocates is the only organization in the county providing this type of volunteer-driven advocacy program for foster children; and WHEREAS, in 2002, 13,548 reports of child abuse and neglect were investigated by Tarrant County Child Protective Services, up 7% from 2001; and WHEREAS, Child Advocates of Tarrant County is celebrating 20 years in the community as a volunteer driven agency that provides a voice in court for foster children so that innocent victims of child abuse and neglect find safe, happy, permanent homes; and WHEREAS, Child Advocates of Tarrant County is proud to announce that over 500 child abuse victims were served with 172 volunteers, and an additional 339 victims received advocacy services by staff, with approximately 20,000 advocacy hours donated; and ~"""-. WHEREA~i" ~.Il citi~~ns ofG9lleyville-areellcouraged to become more aware of child abuse f ~nd its prev~n,~(m, especially dUring the month of April, in hopes th~t all children , ., Tarrant County grow and mature into productive and happy citizens.' \ . NOW, THEREFORI;:"J., DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on beha:lf of the Colleyville City Council and the citizens of this City, do hereby proclaim the month of April as CHILD ABUSE AWARENESS MONTH in the City of Colleyville and encourage our citizens to join in observance of this day. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, affixed this 1 st day of April 2003. JIIIIa. Cilyor ------- Dee Texas Presented To RICHARD NEWTON ((~~>~:=:X::3:::::::~.)..1 In Appreciation for Your Outstanding Leadership and Service as Councilman - Place 4 (-C ~_~:;::::::~~'_~k~::::- ~__-;;'I) 200 I - 2003 RESOLUTION R-03-2122 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF APRIL 1, 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 March 18, 2003, are hereby approved. b. THAT the minutes of the City Council Worksession of March 5, 2003, are hereby approved. c. THAT the minutes of the City Council and Tax Increment Financing District Board of Directors' Worksession of March 20, 2003, are hereby approved. d. THAT the Local Historical Marker Application for the Fire Station/City Hall, is hereby approved. e. THAT the contract with Leach & Ames, Attorneys-At-Law, P.C., for Municipal Judge services, are hereby approved. f. THAT the amendment to Section 2.3 and the addition of Section 6.4 of the Interlocal Agreement with the cities of Bedford, Euless, Grapevine and Keller to allow the City of Southlake to become the sixth member of the Trunk Radio System and to provide for the payment of associated infrastructure expenses, are hereby approved. g. THAT the Mass Care Shelter Agreement with the American Red Cross for ;use of the Colleyville Center for shelter of victims during disasters, is hereby approved. AND IT IS SO RESOLVED. APPROVED THIS AYES, ATTEST: Cynthia Singleton, TRMC City Secretary DAY OF NAYS AND Resolution R-03-2122 Page20f2 2003, BY A VOTE OF ABSTENTIONS. CITY OF COLLEYVILLE: Donna Arp Mayor MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING MARCH 18, 2003 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Arp on March 18,2003, at 5:20 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, Finance Director Terry Leake, Director of Public Works Keith Fisher, Community Development Director Barry LeBaron, Community Development Manager Clayton Husband, Fire Chief Mike Johnston, Public Works Manager Kelly Howell, Parks and Recreation Manager Monica Walsh, Communications Manager Dixie Cawthorne, Administrative Assistant Cindy Martin, and City Secretary Cynthia Singleton were also present. PC-1. Discussion of proposed amendments to Chapter 14 of the Land Development Code regarding drainage, fire lane, construction plans and other engineering requirements, Case G-03-006 Community Development Director Barry LeBaron provided an overview of the proposed amendments to Chapter 14 of the Land Development Code regarding drainage, fire lane, construction plans and other engineering requirements, Case G-03-006 Council requested that staff forward the proposed changes to the Planning and Zoning Commission for informational purposes. PC- 2. Discussion of March 18, 2003 City Council regular agenda items There was general discussion regarding the March 18, 2003 regular agenda items. Mayor Arp declared the meeting adjourned at 6:37 p.m. CITY COUNCIL MINUTES MARCH 18, 2003 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on March 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, Community Development Manager Clayton Husband, Public Works Director Keith Fisher, Finance Director Terry Leake, Fire Chief Mike Johnston, Fire Marshall Jeff Jones, Public Works Manager Kelly Howell, 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 0 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 - 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 7:33 p.m. The invocation was given by Reverend Lee Johnson of Bear Valley Community Church, after which Ross Foster led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Councilman Hocutt invited the citizens to participate in the Colleyville Trash Off, Tree City USA and Arbor Day Celebration on April 12 at 9:00 a.m. at City Park, and utilize the Crud Cruiser, which will be at City Hall 9:00 to 11 :00 a.m. 2 CITY COUNCIL MINUTES MARCH 18, 2003 Councilman Newton announced that he resigned his position to run for Mayor and expressed gratitude to the citizens for allowing him to serve, to staff and to the Mayor and Councilmembers for the job they do. Councilman Hendler invited the citizens to attend a City Council Worksession regarding the over 65 tax exemption on March 22 , 9 a.m. - noon, at the Colleyville Center and the Masterplan Neighborhood meetings. Mayor Pro Tem Tigue welcomed the new Colleyville Librarian Mary Rodne. Mayor Arp introduced and welcomed Librarian Mary Rodne. Mayor Arp read a letter from Sharon Webb, expressing gratitude to City personnel for reviving her husband, who went into cardiac arrest, using the Automatic External Defibrillator. On behalf of friends and family members, Ms. Webb donated $1,305 to be used for the purchase of an automatic external defibrillator for the City of Colleyville. Mr. Steve Banta, Regional President of Verizon Southwest Region, and Bob Curtis, Manager of External Affairs Verizon, presented a $25,000 grant to Ms. Carol Wollin, President of the Friends of the Colleyville Public Library, for the Colleyville Public Library. Ms. Carol Wollin introduced Friends of the Colleyville Public Library members Ms. Kathy Fryer, Ms. Ellen Kelly and Ms. Suzanne Messina. Mayor Arp expressed gratitude to the Verizon Foundation and Mr. Steve Banta for their generous donation of $25,000 to the Friends of the Colleyville Public Library. Mayor Arp presented a Proclamation to Colleyville Chamber of Commerce Ret Stansberger and Parks and Recreation Manager Monica Walsh in recognition of Colleyville Trash Off, Tree City USA and Arbor Day Celebration to be held on April 12, 2003. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2111 - Consent Items: a. Approval of minutes of the regular City Council meeting of March 4, 2003 b. Approval to amend the "Colleyville Pathways: a Citywide Trail Master Plan" Mayor Arp opened the public hearing and read Resolution R-03-2111 in its entirety. 3 CITY COUNCIL MINUTES MARCH 18, 2003 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton moved to approve Resolution R-03-2111. Mayor Pro Tem Tigue seconded the motion. Mayor Pro T em Tigue stated that the proposed trail crossed private property and the amendment provides for an alternate trail. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 4. READING AND PUBLIC HEARING - Resolution R-03-2112 - Accepting the resignation of Councilmember Richard Newton, Place 4 Mayor Arp opened the public hearing and read Resolution R-03-2112 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor expressed gratitude to Councilman Newton for serving and stated that a Councilperson must resign in order to run for another office. Councilman Newton moved to approve Resolution R-03-2112. Councilman Hendler seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 5. READING AND PUBLIC HEARING - Resolution R-03-2113 - Appointment of Councilperson to Place 4 Councilman Rice stated that he would like to accept applications to fill the unexpired term. City Attorney Ross Foster stated that the appointee would not be required to complete the Financial Disclosure and Conflict of Interest forms. 4 CITY COUNCIL MINUTES MARCH 18, 2003 The Council established March 27,2003, at 5 p.m. as the application deadline. Councilman Rice moved to pass on Resolution R-03-2113 and to accept applications through March 27, 2003, at 5:00 p.m. Council requested that the appointment of a Councilperson to Place 4, be placed on the April 1, 2003, Council agenda and applicant interviews be scheduled prior to the Council meeting. Mayor Pro Tem Tigue seconded the motion. Council unanimously agreed to accept applications, set an application deadline for March 27, 2003, interview the applicants and place the appointment on the April 1, 2003, Council agenda. 6. SWEARING IN OF NEW COUNCILPERSON There was no action taken on this item. PUBLIC HEARINGS: 7. SECOND 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 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1392. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the shape of the property and division of the property. Mr. Roman Waschka, applicant, was present to answer questions of the Council. Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1392. The motion died for lack of a second. Discussion ensued regarding zoning. Mr. Roman Waschka, 3430 Pool Road, representing the applicant, was present to answer questions of the Council. Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1392. 5 CITY COUNCIL MINUTES MARCH 18, 2003 Councilman Hendler seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1393 - Approval 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 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1393. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt moved to approve Ordinance 0-03-1393. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 9. SECOND 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. McDonwel1 School Road, Case Z-03-004 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1394. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro T em Tigue moved to approve Ordinance 0-03-1394. Councilman Hocutt seconded the motion. Mr. David Bagwell, applicant, was present to answer questions of the Council. Ayes: Councilpersons Hocutt, Rice, Hendler, and Mayor Pro Tem Tigue Nays: None 6 CITY COUNCIL MINUTES MARCH 18, 2003 Mayor Arp declared the motion carried. 10. SECOND 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 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1395. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1395. Councilman Rice seconded the motion. Ayes: Council persons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1396 - Approval to amend Ordinance 0-76-220 and Section 2.1.3 of the Water and Sewer Policy and Procedures Manual Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1396. Ms. Martha Walker, 7109 Jo Will Street, spoke in favor of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. 12. READING AND PUBLIC HEARING - Resolution R-03-2114 - Approval of the Final Plat of Reatta Place, 19.31 acres located on the south side of L.D. Lockett Road, in the 900 block, Case P-03-005 Mayor Arp opened the public hearing and read Resolution R-03-2114 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 7 CITY COUNCIL MINUTES MARCH 18, 2003 Mr. Dick Blackard, 322 Carnation Lane, applicant was present to answer questions of the Council. Councilman Rice moved to approve Resolution R-03-2105 with the following amendment: Section 2: "At the sole discretion of the City" shall be added to the note on the plat concerning the lighting of future baseball and softball fields. Section 3: That the cost for the purchase and installation of a metal pedestrian gate as approved by City staff and shown on the construction plans shall be escrowed at the final acceptance of the subdivision. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-03-2115 - Approval of a construction contract with Roadway Solutions, Inc., for the construction of the Church Street temporary signal, in the amount not to exceed $69,979 Mayor Arp opened the public hearing and read Resolution R-03-2115 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt moved to approve Resolution R-03-2115. Councilman Hendler seconded the motion. City Manager Bill Lindley provided an overview of the proposed construction of the Church Street temporary signal. Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-03-2116 - Approval of endorsing the implementation of a continuing pretreatment program as required by 40 CFR 403 for the Central Regional Wastewater System Mayor Arp opened the public hearing and read Resolution R-03-2116 in its entirety. 8 CITY COUNCIL MINUTES MARCH 18, 2003 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Resolution R-03-2116. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-03-2117 - Appointing a Tax Increment District Board of Directors Chairman Mayor Arp opened the public hearing and read Resolution R-03-2117 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt nominated Councilman Brad Rice to serve as the Tax Increment District Board of Directors Chairman. There were no other nominations. Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-03-2118 - Approval to authorize implementation of the Public Utilities Commission authorized CPI increase of telecommunication line access charges Mayor Arp opened the public hearing and read Resolution R-03-2118 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Finance Director Terry Leake provided an overview of the Public Utilities Commission authorized CPI increase of telecommunication line access charges. Mayor Pro Tem Tigue moved to approve Resolution R-03-2118. 9 CITY COUNCIL MINUTES MARCH 18, 2003 Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-03-2119 - Reconsideration of the City Council action taken on the Preliminary Plat of Emerald Park, 20.380 acres located on the north side of L.D. Lockett, 555 feet east of Precinct Line Road, Case P-03-004 Mayor Arp opened the public hearing and read Resolution R-03-2119 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Larry Cole, 6420 Remington Parkway, applicant, was present to answer questions of the Council. Discussion ensued regarding density, residential development on Precinct Line, topography, type of road materials and transitional property abutting up to commercial development. Mayor Pro Tem Tigue moved to approve Resolution R-03-2119. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, and Mayor Pro Tem Tigue Nays: Councilman Hendler Mayor Arp declared the motion carried. 18. READING AND PUBLIC HEARING - Resolution R-03-2120 - Calling a Special Election for the purpose of electing a Councilperson to Place 4 for the unexpired term, to be held in conjunction with the general election on May 3, 2003 Mayor Arp opened the public hearing and read Resolution R-03-2120 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-03-2120. 10 CITY COUNCIL MINUTES MARCH 18, 2003 Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. TABLED ITEMS: 19. CONSIDERATION OF 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 There was no motion to remove this item from the table. 20. STAFF REPORTS MONTHLY FINANCIAL REPORT There was no action taken on this item. 21. REPORTS: PARKS AND RECREATION ADVISORY BOARD MINUTES - January 6, 2003 ZONING BOARD OF ADJUSTMENT MINUTES - January 14, 2003 COLLEYVILLE LIBRARY BOARD MINUTES - February 10, 2003 HISTORICAL PRESERVATION COMMITTTEE MINUTES - February 11,2003 PLANNING AND ZONING COMMISSION MINUTES - January 13, 2003 PLANNING AND ZONING COMMISSION MINUTES - February 10, 2003 PLANNING AND ZONING COMMISSION MINUTES - March 4, 2003 There was no action taken on this item. CITIZEN COMMENTS: 22. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. ACTION/RESOLUTION: 23. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 18, 2003 - Reading and Public Hearing - Resolution R-03-2121 11 CITY COUNCIL MINUTES MARCH 18, 2003 This item was not needed. ADJOURNMENT: 24. ADJOURNMENT There being no further business before the City Council, Mayor Pro Tem Tigue moved to adjourn. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the meeting adjourned at 9:20 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 MINUTES OF THE CITY COUNCIL WORKSESSION March 5, 2003 The City Council worksession was called to order by Mayor Arp on March 5, 2003, at 6:20 p.m. ROLL CALL: Councilpersons Richard Newton, Joe Hocutt and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Community Development Director Barry LeBaron and City Secretary Cynthia Singleton were also present. Councilman Brad Rice arrived at 7:15 p.m. Councilman Rich Hendler was absent. Other attendees included Jim Sabonis of First Southwest Company, Rob Farrell of Robert M. Farrell Properties and Charles Hodges of Hodges & Associates. II. Review and discussion of proposed modifications to the TIF Project Plan by the Town Center development Jim Sabonis of First Southwest Company provided an overview of the proposed modifications to the TIF Project Plan. There was general discussion of the proposed modifications to the TIF Project Plan for the Town Center development. III. Review and discussion of proposed revenue projections by the Town Center development There was general discussion regarding the proposed revenue projections by the Town Center development. CITY COUNCIL WORKSESSION MARCH 5, 2003 IV. Adjournment There being no further business before the City Council, the meeting was adjourned at 9:45 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 2 MINUTES OF THE COLLEYVILLE CITY COUNCIL AND TAX INCREMENT FINANCING DISTRICT BOARD OF DIRECTORS WORKSESSION MARCH 20, 2003 The City Council and Tax Increment Financing District Board of Directors Worksession was called to order by Mayor Arp on March 20, 2003, at 6:07 p.m. ROLL CALL: Councilpersons Brad Rice, Rich Hendler, Mayor Pro Tem Ginny Tigue, Mayor Donna Arp, Tax Increment Financing District Board of Directors Drenda Witt, Ret Stansberger, John Eubanks and Jane Sanford and Larry Darlage were present. City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake and City Secretary Cynthia Singleton were also present. Other attendees included Commissioner Glen Whitley of the Tarrant County, Jim Sabonis of First Southwest Company, Rob Farrell of Melvin & Martindale, Ltd. and Kerry Overall of Hodges & Associates. Councilman Joe Hocutt was absent. 2. Discussion and Consideration of Proposed Modifications of the Tax Increment Financing (TI F) District Project Plan (Town Center Development) Mr. Rob Farrell provided an overview of the Town Center development related to the Lifetime Fitness Center. Discussion ensued regarding the proposed modifications of the Tax Increment Financing District Project Plan related to the Town Center Development. Director Jane Sanford of Tarrant County stated that Tarrant County required additional information before they could act on the proposed modification. CITY COUNCIL AND TAX INCREMENT FINANCING BOARD OF DIRECTORS WORKSESSION MARCH 20, 2003 City Council and the TIF Directors scheduled a joint worksession for April 1, 2003, at 5 p.m., to consider the proposed modifications. 3. Adjournment There being no further business before the City Council and Tax Increment Financing District Board of Directors, Mayor Arp adjourned the meeting at 7: 1 0 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 2 CITY COUNCIL Cil)" O{ CCe", AGENDA BRIEFING 7" l~.x..:$ MEETING DATE: 04/01/03 CITY MANAGER . "~, ~,.:;!' #" . ...J',..C. ,/' ITEM # : 5d DEPARTMENT HEAD RESOLUTION # : R-03-2122 FINANCE REVIEW Previous Action: DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval of Colleyville's First Fire Station local historical marker application - by consent Reading and Public Hearing In September 2000, the City Council approved the City of Colleyville Local Historical Marker Program. Historical Preservation Committee members continue to work on various historical marker applications to designate people and/or areas, including buildings and locations, of historical significance to the City of Colleyville. Historical Preservation Committee member Molly Munson presented an application to the Historical Preservation Committee for consideration. On March 11, 2003, the Historical Preservation Committee unanimously approved this application for recommendation to the City Council. (See attached). Financial Impact Funds for the Local Historical Markers in the amount of $5,000 were approved for this program. Upon approval, staff will prepare camera-ready artwork and order approved marker. Recommendation Approval Attachments · Local Historical Marker Criteria · Colleyville's First Fire Station Application The Colleyville Historical Marker Program Recognition by a Colleyville Historical marker is a City of Colleyville historical marker program to recognize subjects and resources important to the history of Colleyville. The Colleyville Historical Marker is not a substitute in Colleyville for either a Texas Historical Marker or for being listed on the National Register of Historic Places. The Texas marker program and the Federal marker program each have their own requirements, but operate in parallel with similar criteria. A local marker program is a third parallel with similar criteria to ensure the worthiness of the subject, but which enables acknowledgement of subjects or resources not of state or national significance, but important to the local community. The marker application will be reviewed by the Colleyville Historical Preservation Committee for completeness, compliance with the criteria, significance and worthiness of recognition. If recommended by that committee, the application will be submitted to the City Council for approval. There are a variety of types of historical markers recognized by the Colleyville Historical Preservation committee. The Colleyville Historical Marker for a subject recognizes a variety of topics, including events, persons, organizations, and locations of early sites. The Colleyville Historic Landmark marker recognizes a building which has its architectural integrity intact, an object of historical importance, or geographical site. The identifying inscription on the marker for a subject will read COLLEYVILLE HISTORICAL MARKER SITE. The identifying inscription on the landmark marker will read COLLEYVILLE HISTORIC LANDMARK. Destruction or changes to a Colleyville Historic Landmark shall not be made without prior notification to the Colleyville City Council and public notice, followed by a minimum 30 day delay of action by the owner. Two basic criteria govern the approval of any subject or resource for a Colleyville historical marker: (1) age and (2) historical significance. A third, architectural integrity, applies for Landmark designations of a building. Age: · All topics must be at least 50 years of age. · A historic person must have been deceased for at least 20 years. · A person's name may not be used on a marker unless that person has been deceased for at least 20 years. Historical Significance: . Historical significance is determined by a combination of age and the importance of the subject in the history of the community. . A building must retain its architectural integrity. Guidelines for Completing the Application To determine significance to the community a research paper must be submitted to prove that the proposed topic is worthy of marking. It must be complete, orderly, concise and documented with footnotes and bibliography. Good research is essential to a comprehensive narrative. Find out all you can about the subject, using primary documents when they exist. When writing the narrative, start at the beginning and tell the story of your topic in chronological order. Submit copies of primary documents when possible. Submit the narrative history on 8 1/2 by 11 white paper, double-spaced, using one side of the paper. Do not bind. Submit a map marked with the proposed location for installation of the marker. Also mark the site of the subject if appropriate. Submit a photograph of the location proposed for the marker. Examples of Subjects 1. Historical event uncommon to everyday activities. 2. Cultural facet which influenced the community. 3. Person or persons who significantly contributed to the heritage of the community. The person must be judged eligible on his/her own merits, not on association with another person. 4. Site of an early community now within COlleyville. 5. Site of an early business, which was important to the life and culture of the community, such as a dairy, plant nursery, or ranch. 6. Site of early schools, such as a pioneer school or common school. 7. Site of early churches. 8. A subject which played a roll in the community, and made a difference in the community. Determining Significance As an aid to determine a subject's significance to Colleyville, answer the following questions: 1. Was the role of the subject in local history significant beyond that of others? 2. How was an event different from the routine and daily events of the communi ty? 3. Why was a person important beyond the importance of other people in the community? (a person may not be marked simply by being a pioneer of the community, but must have some special significance beyond that of other pioneers) 4. Did the subject affect the cultural characteristics of the community? Was it in an outstanding example of a definitive culture within the community? For a Historic Landmark the following questions must be considered and additional information provided if a building: 1. Is it an important example, worthy of preservation? 2. Is the architectural integrity intact? 3. Name of the original owner. Progression of owners. 4. Legal description of location, copies of deeds. 5. Architect or builder. 6. Did it serve a special purpose? What influenced the design? 7. Describe materials and construction techniques used. 8. Submit a historic photograph if available, and a current black and white photograph from the same view. 9. Submit black and white photographs of all sides, taken from the corners to include two sides. 10. Submit a drawing of the floor plan. This does not have to be a professionally drawn plan. For submission of an application for a Texas Historical Marker contact the Tarrant County Historical Commission as all Texas markers must first have approval of that Commission. For submission of an application for placement on the National Register of Historic Places, the application is made to the National Register officer at the Texas Historical Commission office. For submission of an application for a Colleyville Historical Marker contact the Colleyville Assistant Manager. Dianne McWethy Colleyville Assistant City Manager P.O. Box 185 Colleyville, TX 76034 Phone: 817-577-7575 Tarrant County Historical Commission Coun ty Administration Building 100 East Wetherford Fort Worth, TX 76196 Phone: 817-884-3272 National Register Department Texas Historical Commission P.O. Box 12276 Austin, TX 78711 Phone: 512-463-6100 Glossary of Terms Historic Resourceua district, site, building, structure or object significant m history, architecture, archaeology, or culture. Structure--a work made up of interdependent and interrelated parts in a definite pattern or organization. Constructed by man, it is often an engineering project large in scale. Buildingua structure created to shelter any form of human activity, such as a house, barn, church, hotel or similar structure. Buildings may refer to a historically related complex, such as a group of related barns or work places. Object--a material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. Site--the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished where the location itself maintains a historical or archaeological value regardless of the value of any existing structures. Geographical siteua mountain, hill, lake, or other natural site significant to the area. A natural site that has been affected by man such as tracks of an old wagon road. Architectural integrityuthe building or structure has retained its original historic building materials and appearance. Criteriaurequirements to be met for designation. Historicusomething which is itself a part of history. Historical--something which studies or relates to history. (a historical committee studies history, it not itself historic. A house or site is historic. The marker that recognizes it is historical, as it is not itself historic.) COLLEYVILLE HISTORICAL MARKER APPLICATION FORM 1. Subject of Marker: l~ C r-Lf Y (,' I L[ t. ~ ~I t:.. '" T- rl Ct:_' - \ J4 T1 .:.' /"') 2. Marker Location Street Address: 4 YY I C tJ '- Ley if i f.-L..e., Legal (Abstract Name and Number): ;jLvD c, {) L-I.-t.. 7 If ,f.-I..e/ I f'f..- . 3. Designate type of marker requested: 1. Colleyville Historical Marker (for a subject): '. 2. Colleyville Historic Landmark (for a building, object, or geographical landmark), for which protection is encouraged: 4. Permission for placement of a marker must be given by the owner of the property on which the marker will be placed. Provide the name of a contact person if the owner is an institution, organization, business, or public entity. ------~ 'h\ - !), ~ . ~ , / ,.. . ,.. \ ~'. I ( J ':: 0' ,I ~ \&-----.......) i r . ,'., ,',..., r-- I ' wnersname: i --.,;." ~.),H / ;-,,_ -. '. _~L" I ~'-'"--> Contact person (if applicable): :1: E -i-('! _ n: n;;5E Mailing address: ':)J . 3ry .~ r n, 1';';'t/-!78Jr.. E j\- 71t;7".} q Phone: 1....., -/ L:.:; ... -laC r;.,'" . v "F~: <.: '-': tJ "','; '7a ~ 'l.. ' \ Ii' '..... ~. "It., ) t I # i -,,", J I ; 'J\ '.: \ Owner's signature: f, >1.vt.~L 5. Name of Researcher and Author of Application: ',; L. L \/ Contact address: ! J :'.' ,...- lU,I::! _' " .., u.' .. J ') ... , 7 _ . - J v r IV:,., Ii.,' ~l' Phone number: !,;{i);AY; -A/7(; 'I' Fax: F'.) /i I f .,' . . (I 'r 7 ../ /'v' ::> ~ (, (' (I I. { t 'i '- L ( t' / -Ix 6. Additional Contacts Is there anyone else to whom correspondence should be addressed, such as a business or organization? Name: Mailing address: Phone: Fax: Colleyville Historical Preservation Committee In February of 1954, the two-story home of A.G. and Mabel Benedict located on McDonwel1 School Road, burned to the ground. (Due to lack of equipment the fire fighting volunteers including Charlie Rice, Lewis "Boots" White and others were unable to save the house.) The decision to acquire a fire engine became a priority for the citizens of Colleyville. One of these citizens, Lewis White, organized a meeting in March 1954 at the Pleasant Run School to address the necessity of acquiring funds for a fire engine to be driven by volunteers. A Fire Auxiliary was formed and the membership dues collected ($1.00 per year) were utilized in various money-raising events. The Auxiliary met once a month and its charter members were: Mabel Benedict Florence Eudaly Lauraine Rice Alverne White Mamie Foster Barbara Redding Dorothy Hutchinson Through the hard work and dedication of many residents, along with donations from E.R. Eudaly, Henry and Bessie Behrens and others, Colleyville was able to purchase it's first fire engine, a 1946 white GMC "pumper". The Volunteer Fire Department was established in 1954 and Charlie Rice was appointed the city's first Fire Chief. The first step in the process of acquiring a fire station was realized with the land donation of a 0.2 acre parcel from E.R. Eudaly, the city's first Mayor. On January 20,1955 work began on the new fire hall with the award of a contract for a new 20' by 50'concrete block building. Roy McCain wired the building and by mid-March the structure was painted. The ladies of the Auxiliary put on the finishing touches with their landscaping project and Colleyville's new Fire Hall was ready for an Open House celebration, held on March 22, 1955. The final step was the installation of a steel tower, which housed a loud siren designed to alert the volunteer firemen. The new Fire Hall served many functions for the City. 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I. .:.. .~ I ;;"; t ':;.:.~}' ..,...... . <~.t}>:- -, ..: ~ :. ~ ", " . . "..," ,. .. . ~". (\;:';'?>< ., .... . .., i :~. --" _...:-~ ~j?T,/c.. ' -- ~ ~. - \) lY) ~.~ . ~.''''6 '. ; ,~_. ..~ '.'..... ~ ~ ~ " ~ ~ .~ ::'L', i , J ...... -- "" -=: \ ' /' :: I,r; . ( --- ~~~~:~''; ,-;- - -~---- ~) ~:t ~1' ,- \ ' ~ ~r ~ - --:' .-.,J ';1 1 <"\ ("'0 'V -r .;") "I J J 'J Q.. ~ .., I"': ('~.;. ... ,) -.. ',... " ...~ cilr 01 ~ CITY COUNCIL CC~~il~ AGENDA BRIEFING "fl.';>.:;):' MEETING DATE: 04/01/03 CITY MANAGER I ITEM # : 5e DEPARTMENT HEAD RESOLUTION # : R-02-2122 FINANCE REVIEW: NfA Previous Action: None DEPARTMENT: FINANCE SUBJECT : Approval to amend the contract with Leach & Ames, Attorneys at Law, PC for Municipal Judge services - by Consent Reading and Public Hearing Recent legislation requires that the Municipal Court Judge obtain financial information from the defendant during an arraignment to determine if an indigency hearing is necessary. Per the attached memo from Judge Jim Ames, arraignments now take approximately one hour while the prior method of arraignment took only fifteen minutes. The City's Municipal Court Judges (Jim Ames and Terry Leach) are requesting a fee increase of $20.00 per arraignment to cover this additional time. The current fee of $50.00 has been in place since 1980. Additionally, they are requesting that Steven Brewer be named as an additional judge, in the event Judge Ames and Judge Leach are out of town. Attached is the proposed contract submitted by Leach & Ames, Attorneys at Law, PC for Municipal Judge services. Although, the Judge is requesting a retroactive fee increase to January 1, 2003, Ross Foster, City Attorney, has stated the fee increase cannot be made retroactive. The fee increase will be effective upon Council approval. Financial Impact There are funds available in the Municipal Court line item (001-41-6127). Recommendation The contract is presented for Council's consideration. Attachments . Memo from Judge Ames - Increase in Fees for Arraignments . Contract for Services with Leach & Ames, Attorneys at Law, PC Memo To: From: Date: Subject: Mayor, City Manager and City Council of The City of Colleyville, Texas James R. Ames, Municipal Court Judge March 27, 2003 Increase in Fees for Arraignments I have requested an increase in the arraignment fee in Colleyville from $50.00 to $70.00 per trip retroactive to January 1 , 2003. When I first started judging in Colleyville (in 1980) an arraignment took probably ten minutes per prisoner with usually 2 to 3 prisoners in jail for generally about thirty minutes of work. In 1980 my hourly rate was $110.00 per hour. Arraignments consisted of reading rights to prisoners and setting an appropriate bond. In the last 23 years many things have changed and due to the new arraignment demands, I am requesting an increase in the arraignment fees. Today, an average arraignment takes about twenty-five minutes per prisoner in that in addition to the rights being given and bond being set, I am required to obtain financial information on the defendant so I can conduct an indigence hearing and if necessary, appoint an attorney. In addition on family violence cases, I may have to enter a Magistrate's Emergency Protective Order to protect the injured family member. I also review police requests to dispose of evidence during my arraignment trips. I may spend 45 minuets to 1 % hours each trip due to the increased requirements and usually more prisoners. My present billing rate is $200.00 per hour. The retroactive request to January 1, 2003 is because that was the effective date the District Judges started making the Municipal Judges appoint attorneys for indigent defendants and greatly increased our work load. Thank you for your consideration. . cnu.K?~ James R. Ames Colleyville Municipal Judge Contract for Services City of Colleyville. Texas In accordance with the ordinances of the City of Colleyville, the City of Colleyville hereby enters into a Contract for Services with Leach & Ames, Attorneys at Law, P.C. to act as Municipal Judges for the City Colleyville, Texas. This contract shall become effective upon its execution and shall continue until terminated by either party hereto. It is agreed, in consideration for the services provided as Municipal Judge for the City of Colleyville, that the Municipal Judge perform the services and be compensated as indicated below. ITEM FREQUENCY AMOUNT Plea Docket One per week $250.00 Trail Docket One per month $150.00 Attorneys Plea Docket One per month $150.00 Jury Trail As Needed $200.00 Arraignment As Needed $70.00 Leach & Ames, Attorneys at Law, P.C. agrees that services will be provided by either James R. Ames, Terry R. Leach, or Stephen Brewer in the event such judges are unavailable then they will arrange for a temporary visiting judge, who will be a currently sitting Municipal Judge qualified to sit in Colleyville Court in Tarrant County, Texas. It is agreed that the payment for services will be provided by the City of Colleyville on a monthly basis, based on services performed for such month. It is agreed that James R. Ames, Terry R. Leach, and Stephen Brewer will each year meet the annual continuing judicial education requirements of the State Government Code, Section 29.08. SIGNED this day of ,2003. CITY OF COLLEYVILLE, TEXAS LEACH & AMES Attorneys at Law, P.C. CITY MANAGER .........-j ;;;2~ /./ ,/ ../~" By \. ...../h:~-;? ,f'. ~'/'??1,.(..-:z./ ..}AMES R. AMES ,. / / /' / . / V/ -~~ TERRY . LEACH . C' f?u I j 'i . . /i I I .' . . 'I, ~ '~J fAtV( STER EN BREWER ATTEST: CITY SECRETARY APPROVED: CITY ATTORNEY CITY COUNCIL cc@nC/l AGENDA BRIEFING Il'x;t$ MEETING DATE: 4/15/03 CITY MANAGER ! ITEM # : 5f DEPARTMENT HEAD RESOLUTION # : R-03-2122 FINANCE REVIEW! Previous Action: None DEPARTMENT: POLICE SUBJECT : Approval of an amendment to Section 2.3 and the addition of Section 6.4 of the Interlocal Agreement with the cities of Bedford, Euless, Grapevine and Keller to allow the City of Southlake to become the sixth member of the trunk radio system and to provide for the payment of associated infrastructure expenses - by Consent Reading and Public Hearing In March 2000, the cities of Colleyville, Bedford, Euless, Keller approved an Interlocal Agreement to allow the City of Grapevine to become the fifth member of the trunk radio system. The agreement also provides for the addition of new members to the system. The City of Southlake has requested membership in the trunk radio system, including additional infrastructure upgrades and the addition of one (1) 800 MHz radio frequency that will benefit all members. The current cost of system maintenance and management paid by each member will be reduced by the addition of the City of Southlake. The technical committee has reviewed the system loading and frequency allocations and recommends membership for the City of South lake. The City of Colleyville will serve as payee of associated expenses and shall provide an accounting of associated bills that have been paid. The City of Colleyville will invoice each member for their share of the expenses. Financial Impact The current cost of system maintenance and management paid by each member City will be reduced from 1/Sth per member City to 1/6th per member City by the addition of the City of South lake Recommendation Approval of the amendment to Section 2.3 and the addition of Section 6.4 of the Interlocal Agreement Attachments · Interlocal Agreement Amendment - Bedford, Colleyville, Euless, Grapevine, Keller and Southlake INTERLOCAL AGREEMENT AMENDMENT BEDFORD, COLLEYVILLE, EULESS, GRAPEVINE, KELLER ANDSOUTHLAKE THIS AMENDMENT to the Interlocal Agreement relating to the ownership, management, future updates, future membership, maintenance, and operation of the 800 MHz trunk radio system (hereafter known as "The Trunk System'? is made this the _ day of 2003, by and between the CITIES OF BEDFORD, COLLEYVILLE, EULESS, GRAPEVINE, KELLER, and SOUTHLAKE, all being home- rule municipalities, located in Tarrant County Texas (hereinafter collectively known as the "Members"), and WHEREAS, the existing interlocal agreement, passed the 3rd day of March, 2000, in Section 2.3 provides for the addition of future members of The Trunk System, and WHEREAS, Section 2.3 of the existing interlocal agreement specifies the fees to be paid by member number six to the City of Grapevine (1/6th share of the cost of the initial trunk system infrastructure in the amount of $205,472 and 1/6th of the Colleyville prime site upgrade $265,302) and, WHEREAS, the City of Southlake has requested membership in The Trunk System agreeing to pay the aforementioned fees to the City of Grapevine ($469,775) in a manner agreeable to the City of Grapevine, and WHEREAS, the City of Southlake will maintain ownership of a 800 MHz frequency to be added to The Trunk System as a requirement of membership, including the filing for all appropriate Federal Communication Commission documents required to merge the frequency into the system infrastructure, and WHEREAS, the City of Southlake has agreed to fund the installation of the required radio equipment to merge the 800 MHz channel into the infrastructure necessary for the merging of the frequencies, including the reprogramming of subscriber and console equipment of the other Members, and WHEREAS, the current Members acknowledge that this amendment to the existing interlocal agreement is intended to include the City of South lake as member number six as specified in Section 2.3 of the existing interlocal agreement, and WHEREAS, Chapter 791 of the Texas Government Code provides for interlocal agreements for governmental functions such as contemplated by this Agreement, 1 NOW, THEREFORE, upon the mutual covenants, conditions and promises contained herein, the Members agree that Section 2.3 of the existing interlccal agreement be amended by the addition of sub- Section 2.3.1 as follows: Section 2.3.1 Membership - Southlake 2.3.1.1 Membership in The Trunk System is hereby granted to the City of South lake, provided: 1. Payment of the buy in fees as specified by the interlocal agreement is made to the City of Grapevine. 2. The 800 MHz frequency owned by the City of Southlake is merged into the infrastructure. 3. All necessary infrastructure equipment upgrades, including base stations, are provided by the City of Southlake, and 4. The reprogramming of subscriber equipment, including consoles IS provided by the City of Southlake. 5. That the City of Southlake agrees to abide by the provisions of the existing interlocal agreement, this amendment and the by laws of the Technical Committee. 2.3.1.2 Members agree that future members who bring radio frequencies to The System, in addition to paying all buy in fees as required by Section 2.3 of the initial interlocal agreement, shall pay to the City of Southlake an amount equal to twenty-five percent of the upgrade provided by Southlake ($13,307) for each frequency added to the infrastructure. The payments to Southlake are hereby limited to the installation of three additional frequencies as that complete the loading of the upgrade provided by Southlake. NOW, THEREFORE, upon the mutual covenants, conditions and promises contained herein, the Members agree that Section 6.4 of the existing interlocal agreement shall be added as follows: 6.4 - City of Colleyville to serve as payee of associated expenses. 2 6.4.1 - The City of Colleyville shall receive and pay all bills associated with the maintenance and management of the infrastructure of The Trunk System on behalf of all existing and future members. Associated bills shall be submitted to the City of Colleyville by all vendors. 6.4.2 - The City of Colleyville, at least quarterly, shall provide an accounting of associated bills that have been paid and invoice each member for their share of the expenses. Accounting statements and bills may be provided at the regular meetings of the Technical Committee. APPROVED BY THE CITY COUNCIL OF THE CITY OF BEDFORD, TEXAS: By: Date: Attest: APPROVED AS TO FORM: City Attorney APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: By: Date: Attest: APPROVED AS TO FORM: City Attorney APPROVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: By: Date: Attest: APPROVED AS TO FORM: City Attorney 3 APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: By: Date: APPROVED AS TO FORM: Attest: City Attorney APPROVED BY THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS: By: Date: Attest: APPROVED AS TO FORM: City Attorney APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: By: Date: Attest: APPROVED AS TO FORM: City Attorney 4 CITY COUNCIL CC~Cil {C'XtlS AGENDA BRIEFING MEETING DATE: ITEM # : RESOLUTION # : ; 04/01/03 CITY MANAGER ! ; 5g DEPARTMENT HEAD 1 R-03-2122 FINANCE REVIEW I Previous Action: None "':/ /" , '7-b--~ DEPARTMENT: FIRE SUBJECT: Approval to enter into a Mass Care Shelter Agreement with the American Red Cross for use of the Colleyville Center for shelter of victims during disasters - by Consent Reading and Public Hearing The City of Colleyville's Emergency Operation Plan (EOP) describes the necessity of sheltering victims of disaster by utilizing specific buildings to facilitate that endeavor. Most of the buildings we currently utilize are schools within our City and the Grapevine-Colleyville Independent School District (GCISD) has entered into similar agreements for that purpose. The American Red Cross is critical to the facilitation of these shelters. They provide coordination and staff to operate these shelters in time of crisis through the utilization of their aggressive volunteer program. The recent terrorist events and the current war has prompted the Red Cross to update their resource database of buildings and acquire additional buildings regarding their need for an adequate number of shelters. These events have redirected attention to the potential need for shelters for reasons other than that of tornadoes and violent storms. Recommendation Approval Attachments . Mass Care Shelter Agreement .... MASS CARE SHELTER AGREEMENT THIS AGREEMENT IS MADE AND ENTERED INTO BETWEEN THE GOVERNING BOARD OF OF TARRANT COUNTY, STATE OF TEXAS AND THE TARRANT COUNTY CHAPTER OF THE AMERICAN RED CROSS. RECITALS: Pursuant to the terms of federal statutes, the Red Cross provides emergency services in behalf of individuals and families Vrno are victims of disaster. is authorized to permit the Red Cross to use ~ t. \ \f,(~i ILL r .JAt"tlA.. 's buildings, grounds and equipment for mass. re shelters required in the conduct of Red Cross Disaster Services activities and wishes to cooperate 'Nith the Red Cross for such purposes. The parties hereto mutually desire to reach an understanding that will result in making the aforesaid facilities of f'fJUP~ V'\ \ ~ rDN./~' available to the Red Cross for the afore Id use. Now, therefore, it IS mutually agreed between the parties as follows: . 1. e V i II e. Me.:.. agrees that, after meeting Its responsibi . les 10 pupils/parishioners/members/clients, it wiH permit, to the extent of its ability and upon request by the Red Cross, the use of its physical facilities by the Red Cross as mass care shelters for the victims of disasters and peacetime radiological emergencies/nuclear accidents. 2. The American Red Cross agrees that it shall exercise reasonable care in the conduct of its activities in such facUities and further agrees to replace or reimburse r.n l \ -€.{A \;' ~ l \ e.. ~~ for any foods or supplies that may be used bt the Red Cross in the conduct of its relief activities In said mass care shelters. In witness thereof, the governing board of the hii CiUiliCl this igriement 10 be ex&cutlid by the PrliiiClfilnt of its governing board, and the American Red Cross has caused this agreement to be executed by the Tarrant County Chapter. said agreement to become effective and operative upon the fixing of the last signature hereto. Signatures to Agreement PresidentlChainnarv MA Y 0 R School DistrictlChurchlc5JIl 0 THE R Date . .....~ CITY COUNCIL CC@nC/l I(":o.;~::> AGENDA BRIEFING MEETING DATE: 04/01/03 CITY MANAGER -- }', r~ J~ .)? <iJ&."' ITEM # : ! 6 DEPARTMENT HEAD ORDINANCE # : 0-03-1396 FINANCE REVIEW Previous Action: None DEPARTMENT: PUBLIC WORKS SUBJECT: Approval to amend Ordinance 0-76-220 and Section 2.1.3 of the Water and Sewer Policy and Procedures Manual Second Reading and Public Hearing First Reading and Public Hearing 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 the 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 large burden on her to the portion of pipe under and across the street. In consideration of the above information, Ms. Walker has requested that the City Council direct the City Manager to place a reimbursement request on the April 1, 2003, agenda for consideration. On November 19, 2003 and March 4, 2003, this item was placed on the Pre City Council to provide an opportunity for staff to review the provisions of the current ordinance with the Council. As requested, the ordinance has been amended that in the event that the portion of the sewer service connection pipe within the street right-of-way is broken, collapsed, separated or has tree root intrusion, the City shall invoke the contractor's 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 Agenda Briefing Ordinance 0-03-1396 Page 2 of 2 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 right-of-way. Additionally, the Land Development Code, Chapter 14, will be amended to provide a requirement for builders to provide an original VHS tape recording of a video inspection of the sewer service connection pipe prior to the issuance of the final certificate of occupancy. Financial Impact Historically, the City has one to two cases of this type per year; therefore, the financial impact to the Utility Department is estimated to be less than $6,000. Recommendation Approval Attachments . Sanitary Sewer Repair and Maintenance Exhibit . Ordinance 0-03-1396 50' ROW WIDTH (Typical subdivision street) 31' PAVEMENT WIDTH (Typical subdivision street) w z :J w z :J 3i o a::: s: o ci . 'M......' .~ .r:.' \'S'.;e~.~;'i.or ;,,:,,~~,,;;"~,.lt""-A'- .;...:).....:;:..,~..::,.I.... .....~.. . :..';.~;;;. .~r;....~~M.M.'.;.: ';",",;"I:.::~;.....:t:'l..J'...\o:";;'.::~"':" TYPICAL 4" SERVICE LINE 30. + /- SERVICE TO HOUSE CITY SEWER MAIN 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 (OUTSIDE ROW) CITY RESPONSIBILITY TO REPAIR (ROW - ROW) HOMEOWNER TO MAINTAIN (CLEAN. TELEVISE, ETC.) w z :J w Z :J s: o a::: 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 WITHIN CITY RIGHT OF WAY. 3i o e:: SANITARY SEWER REPAIR & MAINTENANCE ORDINANCE 0-03-1396 AN ORDINANCE AMENDING ORDINANCE 0-76-220 AND 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 SEPARATED SANITARY SEWER SERVICE PIPE WITHIN THE STREET RIGHT-OF-WAY, WILL REPAIR THAT BROKEN, COLLAPSED OR SEPARATED 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 COUNCIL 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 within the street right-of-way 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 right-of-way." 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. ATTEST: Cynthia Singleton City Secretary APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Ordinance 0-03-1396 Page 2 of 2 CITY OF COLLEYVILLE Donna Arp Mayor CITY COUNCIL city r)( CC~Jli.'" AGENDA BRIEFING Il'.-;~::' MEETING DATE: ! 04/01/03 ' /.</ CITY MANAGER .)'-1/ .Ie ITEM # : ! 7 DEPARTMENT HEAD 2-~ ORDINANCE # : ! 0-03-1397 FINANCE REVIEW : N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Special Use Permit for an accessory building on 10.272 acres located at 816 L. D. Lockett Road, Case Z-03-007 First Reading and Public Hearing Backqround Marty Stajduhar is the owner of a 10.27-acre parcel of land located on the north side of L.D. Lockett Road, west of Lowrie Road. The owner's contractor recently constructed a 6,020 square foot unenclosed barn on the property without first obtaining a building permit. Since the size of the structure exceeds the size restriction required by the accessory building regulations, the owner has submitted a Special Use Permit (SUP) application to authorize the building on the property. The building is not an enclosed barn, but serves primarily to provide a cover over a large area; the building is open on three sides. A portion of the rear of the building provides enclosed storage space. The structure is 72 feet wide and 50 feet deep. The overall height of the building is 19 feet at the center of the roof. The building is set back over 200 feet from the road. Pictures of the building are attached. The accessory building regulations include size and location standards. All requests to exceed the base standards must be authorized by a Special Use Permit approved by the City Council. A comparison of the regulations and the proposed building is shown below. The items shown in bold-italics are those items that do not meet the criteria. ACCESSORY BUILDING ZONING COMPARISON Category Zoning Requirement Applicant Proposal 1. Maximum Size 2,500 sf for 3-acre or larger lots 6,720 sf 2. Max. Number of Buildings 3 4 3. Side Setbacks 5 feet :1:11 feet on east side 4. Rear Setback 5 feet 500+ feet 5. Max. Height Not exceed height of primary no primary building on site building The allowed size of an accessory building is based on the size of the lot. In addition, the total square footage of all accessory buildings cannot exceed the maximum allowed size unless approved by SUP. For lots over 3 acres in area, the size of all accessory buildings is limited to Agenda Briefing Ordinance 0-03-1397 Page 2 of 2 a total of 2,500 square feet. The applicant's lot is 10.27 -acres in size. There are three existing buildings on the site that count towards the total square footage. With the existing buildings and the proposed building, the total square footage of all four accessory buildings is 6,720 square feet. The applicant has requested a waiver of the size requirement to allow the buildings as proposed. The accessory building regulations generally assume that a primary building, such as a house, is located on the property since the maximum height of the building may not exceed the height of the house. However, this property does not contain a residence. The property in question is primarily used for agricultural purposes and the keeping of animals. The existing building is 19-feet tall at the center peak of the roof. For comparison purposes, the typical Colleyville two- story residence is approximately 35-40 feet in height. The applicant is requesting that the allowed height of the bu i1d ing be 19 feet as constructed. Staff mailed notices to 11 adjacent property owners and homeowners associations 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. Since the SUP for this particular use has little impact on land use decisions or requirements, but may be important to those living nearby, staff believes the opinions of the area property owners should be the most important factor in whether to grant the Special Use Permit. Since the request is an SUP, conditions may be imposed that are different than or in addition to the normal requirements of the Land Development Code, provided the conditions are intended to reduce the negative impacts on the adjacent property. The Planning and Zoning Commission conducted a public hearing and considered this request at the March 24, 2003 meeting. The Commission recommended approval by a unanimous vote, subject to the one hundred (100) square foot rock building being removed from the property within 45 days of approval of the Special Use Permit. Recommendation Denial, due to technical non-compliance with the Land Development Code Attachments · Location Map . Zoning Exhibit and Information from Applicant . List of Property Owners Notified . Ordinance 0-03-1397 C 'fl 5I:l}o._ TR 10 1.1Ei! U 5."" . .. , At ~ A f\cA l' ~j\ ~ .y/lN' \A cfJvF.i "uP, 64 . t. - 11 TA , L.)81 fie IS.U1 ACI 1.50 AC1 --\ \{JI , 1 50 l': jo01 AC I lR 5C';'f .11]. I I , )D~ : T. , H.!t6 At TR tF" .550 . TR 10 S.H At . . ,\, \) ~~ ~ -- ~ . tIE~f,'l W. "elI1' 6" V "~-,\\" ~ .. .. . ... T~ 1[ 1].1113 At o :" TA 1C I. '11 At JIOoCl A' . II .p "( ,I, 101 : i! /-"' L'I RAC1"'~!i !t I. ., !j> 14. if; ,. ii i',; i.i. .}' I...,! .~ !~J IIj jr!J "j' ,. i' " !l ,. 'j I, 'i " " I. 'j I, " ,. .j I, 'j " ii ~. 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I' 1.1\ II) <:0 ~ <:0 CO) l:t: "(,0 :'-l 1'- b c ~ It) ll:l ~ ll:l CO) "'- .\l.-)\I\;1'{' (.t. \'\'(. ,\..)\ 1').' . '{, I'i)\~ 49 "{ .\.. ~O\,. 1).\1.. ~ ~ C V) IJ/I",(/ to.::!.?:: ..1 ( ",,,/ 1/..' 1 1:/1,111 ('(jjl fl hI. 7'(-'.ru,.... " lJ'YUlnlny (If (I Nt-ll" rl II \"11 "I 'I'!I A h,"'-'7'0(' r 1/ I [j.1 TllfNU': N /1.')1/ I nlfNU: S()(:rll 1.11" "f L. f) I, '11 .....(lld Roud fllf:NI'f c'; /If)1/1I III F. NI'F. IV O!) 1 ; N(r,.U, I.i'HI of ,...1 ('ontol.n:i,n,eJ lO.:! ,:. E,,' 1a-r, ....CI\ BU''-O'~lr\ fO.27~"~C~,:" "" ~ ~I X 1,~.5' N()C;::,:J~3 'O"';'cj" LJ : <II , - :.!U.:'i X GO,5' ]'(fV If/.n(; w C. NEWTON SURVEY ABST,/I 1182 _ ~~C!~~r )d/'il:. _ FIVIJ 1/2" ,fJ '" ~ ND 17Z'2!:.-~O \-0(," e.-ri ~o FRa1 FU~LER ELECTR:C ODC PHOHE NO. 8177908164 V' " ,I c:: E ,2 ~ I V) D ....... .t: of ,) r , 0: ~ -;S -.r .-.J ~ 4: ..J C- ,y /;i.I ~ <;""d:) .;,I E ..",<' 9- 0- I'. ,~ Q- ...:.. .... c: , < 1/1 0 ,~ '" \- 3 ; 'J ~ 00 C>o 4,.. 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'-- \.0 \\fl ~ ~ ""> \)1.. .- '"" ~. ~ - T, ~ V +;; j)/ o ~ +0- ... cr- - F~b. 04 2003 08:43AM Pi , , / ,/ .' / /. ,/ . ,t'. / ..- Wallace Craig PO Box 308 Hurst, TX 76053 Stinson Development Corp 7510 Davis Blvd., Suite D North Richland Hills, TX 76180 Ashraf Ishak 2928 Oak Ridge Drive Hurst, tX 76054 Peter & Linda Kuhlmann 6000 Quality Hill Street Colleyville, TX 76034 Bvesco LP PO Box 670903 Dallas, TX 75267 Andrew & Janet Mittag 901 W Lavacca Trail Colleyville, TX 76034 Verl & Ruth Ann Plain 909 W Lavaca Trail Colleyville, TX 76034 Stephen & Nan Martin 813 W Lavaca Trail Colleyville, TX 76034 Martin & Lorraine Gohr 809 Lavaca Trail Colleyville, TX 76034 Midcities Church, Inc Attn: Dennis Faulkner 4905 Eversham Court Colleyville, TX 76034 Martin & Lisa Stajduhar 101 Williamsburg Court Colleyville, TX 76034 Case Z-03-007 (Notices dated: March 14, 2003) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permit/and-or/zoning change request are listed above. I certify that the parties listed above have been notified of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy Planning & Zoning Assistant ORDINANCE 0-03-1397 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING ON 10.272 ACRES OUT OF THE W.C. NEWTON SURVEY, ABSTRACT 1182; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by Marty Stajduhar on February 17, 2003, under Case No. Z-03-007; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Tracts 1A1D, 1A5 and 1B4, W. C. Newton Survey, Abstract 1182; and Tract 1 B4, Carodine Survey, Abstrct 356, by authorizing a Special Use Permit for an Accessory Building, subject to the following conditions: a. The maximum size of the building footprint of all accessory buildings shall not exceed six thousand six hundred twenty (6,620) square feet. b. The building location shall be consistent with the drawings attached as Exhibit "B". c. The one hundred (100) square foot rock building, as noted on Exhibit "B", shall be removed from the property within forty-five (45) days of approval of this ordinance. d. Any accessory building shall not be used for commercial purposes, other than those uses permitted by the Land Development Code. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Ordinance 0-03-1397 Page 2 of 2 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 day of The second reading and public hearing being conducted on the 2003. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney EXHIBIT A - ZONING MAP 1. 'It Cj Dr, {\Cl\ 'f ~t\1 T' , ~ \, \;{\ ~~~~ 6.31' ^C ~ 15."1 .Cl 1.'!IO ,lei .....yi\~1 ID~ l~~~ ,. . It!' c;tlf, 64 A 'Gl . ~. \1. 07 ;.(. ---1-.-.. .._.._.._.._.._.._n "-'-"-"-"-' -.-..-., ..- -..-..-..-. fA " ,.~:,'R40 lR tr ~11'O . lq 10 S.H At lR It 1)."3 AC ,,--\ ~O vi o ~~tl t' !~'li.,." ~.. . ~'\l (J J ',~1JH 82 . /1'\\ lJt lC 1.7' At: '8 5.00 · W tAPO \;A1<e 'hh'~_'__' "It... . 10.I)U. fA O..1.>Dt'I/lCl<S1't' p,O \'~II.t. ~~ toIl/l\ O\"CO ,.....1.,) r~1 , 1 m--~-l t'l G .iCe ... (Vi .J_U.~. "., .- I' S\J~i I: ~, " " " I ii, t, lR- l.l,ll.I ,... II>:} .. "-"""""-"-"-'"7 .,~ (~l ~~~; '" ~~ j: ,:' ~ 1'; w UH iiJ !l~.~ , It": .it:"" .... !:5 . ".n . 1 ~ T" 181 .., >t ~ '~''f0~ ~ E 50S 40 7.1!> .. .o1:n At W ':''f0t'l t-lf.llla t.ll . " . t: ,. ,.u. I. " 11 n " " I: !: I: 'f t:.':.J.n- '5 ~: " u !l TfiI ,., <4.. AC .. "'u --tlrlV'-""" .._n """n' lR1. TR lJ .':II! A(.. .MAC . I. EXHIBIT B - BUILDING LOCATIONS Building to be removed ~ to' X 10' ROCK fJl,.l)t~ ~~-_.- \:::.Ix ,",5' IlIJt'J( ilL o D ~()..1' X 2()....i. TIN {fUlC', W. C. NEWTON SURVEY A8ST. I' t f 82 SURn:Y.l.J#1 ... -. .-... _ . - -. .. .-_. .. P.-' HL~ D.~.-.l'ocke--" .- CITY COUNCIL cce'" AGENDA BRIEFING .,.(":-;~~ MEETING DATE: ITEM # : ORDINANCE # : 04/01/03 8 0-03-1398 CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW i !";;,,G<- '" Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of an amendment to Chapter 6, Article II, Section 6-34. Records, of the Colleyville Code of Ordinances regarding the requirement to establish quarterly reporting of alcohol and non-alcohol sales ratios, Case G-03-005 First Reading and Public Hearing Backqround The City Council directed staff to prepare an amendment to the Colleyville Code of Ordinances to establish quarterly reporting requirements for businesses holding a license to sell alcoholic beverages for on-premises consumption. Shortening the reporting requirements from an annual to a quarterly basis may assist in monitoring compliance with the 60 percent non- alcohol sales requirement currently in the Colleyville Code of Ordinances. The proposed ordinance includes a notification process for a license-holder who becomes out of compliance with the alcohol to non-alcohol sales ratio at the time of one quarterly reporting period and provides an opportunity to bring the business into compliance during the following quarter. The license is automatically revoked by the Building Official for a business failing to meet the minimum non-alcohol sales ratio during two consecutive quarterly reporting periods. The following is an excerpt from the current Colleyville Code of Ordinances where the non- alcohol sales ratio is established. Sec. 6-5. Alcoholic beverage sales for on-premises consumption must be incidental to hotel, motel, or restaurant. No person shall sell, store, dispense, or otherwise handle for the purpose of sale, or engage in the business of selling, storing, dispensing, or otherwise handling for sale, any alcoholic beverage in the City for on-premises consumption, except in a location where such activity is either incidental and secondary to use on the same premises for hotel or motel purposes, or where incidental and secondary to the sale of food for human consumption, which shall be construed to mean that at least 60 percent of the gross receipts of such business shall be from non-alcohol and food sales. The current annual alcohol beverage licenses come due and expire at different times of the year. If the attached ordinance is approved, staff will prorate all license renewals for expiration on one of the quarterly time periods specified in the ordinance. Agenda Briefing Ordinance 0-03-1398 Page 2 of 2 Attachment 1 contains the existing language in Section 6-34 of the Colleyville Code of Ordinances regarding the annual licensing requirement. Also included in Attachment 1 are the proposed changes to this section of the code showing the proposed deletions as strikethrough text and the proposed additions as bold/italics/underlined text. A survey was sent to the seven surrounding cities and to Fort Worth and Arlington to seek information on city licenses for alcoholic beverage sales and food to alcohol ratios. Attachment 2 summarizes the responses and information from the various city codes. Recommendation This item was placed on the agenda at the request of the City Council. Attachments . Attachment 1 - Existing and proposed changes . Attachment 2 - Survey of area cities alcohol regulations · Ordinance 0-03-1398 ATTACHMENT 1 EXISTING REGULATION AND PROPOSED CHANGES 1. The current Chapter 6, Article II, Section 6-34. Records, of the Colleyville Code of Ordinances reads as follows: All persons operating establishments engaging in the sale of alcoholic beverages within the city, including private clubs, shall submit to the city secretary sworn copies of all state sales tax returns and state alcoholic beverage tax returns filed by such establishment, together with a form authorizing the city to verify the returns with appropriate state agencies. The applicant shall also supply receipts from suppliers upon request of the city secretary. Licenses and permittees under this article and private clubs shall supply such copies on or before the date such reports are due to the state. Such records shall cover the most recent period of operations. 2. The proposed amendments to Chapter 6, Article II, Section 6-34 are shown below with the strikethrough text proposed for deletion and the bold/italics/underlined text proposed as new regulation: All persons operating establishments engaging in the sale of alcoholic beverages within the city, fruJ.'u€l.:ng f3."f'/ate eluBs, sha!! sUBrnft t@ the eft}' see....f)taf}' s\'.'@m efJf3ies @f aN state sales tale ."'ewms and state a.'eehe!fs Be'.'s."'age tale ."'stums filed By sbJeh estasHshrnent, tegether \':ftl1 a term authe."fzing the sft)' te '.'erit}' the rew."ns It'.:th af3fJ.""€JfJ.<:fate stGte agensfes. The af3f3.'fsant sha!.' a!se st,tpfJ.'y r.eeeffJts worn sUfJf3.'fe:''S upen ."'efi/uest ef the €lity se€l."etary L..f€lenses GfJfj f3ermftfses unfiJe." thfs GRfe.'e Gnd f3...fvate e.'uss shG.';' sUfJf3ly sueh eef3!es on e." sete."e the €late su@h ."'efJort.s 8."'6 €We te the state. bu€lh ."eee.o::GJg shaf! ee','e." the mest reeent f3e...ffJd gf fJfJe.o::atfens. Shall comply with the reportinQ requirements of this Section, (a) The owner, operator or person in control of an establishment licensed by the state for on-premises alcoholic beveraqe consumption shall, on a Quarterly basis. file with the Buildinq Official an affidavit. on an officially approved form provided bv the Buildinq Official. that reflects Qross sales for the precedinq three months, indicatinq the sales of non- alcoholic items and alcoholic beveraQes, The Quarterly reports for the previous three-month period shall be due on or before the 25th day of the months of April. July. October and January, (b) The party shall also file on a Quarterly basis. at the same time the affidavit on sales is filed. a COpy of the filinQ(s) supplied to the state for sales tax and alcoholic beveraqe tax purposes for the previous three- month period, (c) Such affidavit and copies of filinq(s) supplied to the state for sales tax and alcoholic beveraQe tax purposes shall be reviewed by the City Manaqer or desiqnee for compliance with the provision of Section 6-5 above reQardinq the ratio of non-alcohol items to alcohol beveraqe sales, (d) If a Quarterly report submitted indicates that the filina establishment does not comply with the percentaQe requirements of Section 6-5 above, the establishment shall have until the next due date of a Quarterly report to brinq the establishment into compliance with city ordinances, The licensee shall be notified by certified mail by the Buildinq Official that a violation of this Section has occurred, Such notification shall specify the date by which the licensee must be in compliance with Section 6-5, A report containinq the same information as the Quarterly report must be filed with the BuildinQ Official on or before the date required for compliance. as stated in the letter of notification of violation, (e) If a Quarterly report is not submitted to the Building Official on or before the 25th day of the months of April, July. October and January. the Building Official shall notify the licensee by certified mail that a Quarterly report has not been submitted, The licensee shall have a period of ten (10) days after the date of delivery marked on the certified mail return receipt to file the Quarterly report, (f) Failure to file a Quarterly report or failure to brinq the establishment into compliance by the next due date of a Quarterly report shall constitute a violation of this Section, The city attorney may inform the Texas Alcoholic Beveraqe Commission that the establishment no lonaer is in compliance with the city ordinances as previously certified to by the Buildinq Official and request that the Texas Alcoholic Beverage Commission take whatever action is available under the Texas Alcoholic Beveraqe Code to revoke the state license, (q) The person operatinq an establishment subiect to the reportinq requirements of this article shall permit the City Manager or a desianated aQent to view and COpy the books. records and receipts relative to sales of non-alcohol items and alcoholic beverages at any time after twenty-four hours notice, ATTACHMENT 2 SUMMARY OF AREA CITIES ALCOHOLIC BEVERAGE REGULATIONS A survey was sent to the seven surrounding cities and to Fort Worth and Arlington to seek information on city licenses for alcoholic beverage sales and food to alcohol ratios. The following summarizes the responses and information from the various city codes. Does your city require a Special Use Permit or zoning permit to allow the sale of alcohol? Bedford A Special Use Permit is required for restaurants with on-premise consumption. Sales for off- premise consumption are allowed by right in three zoning districts. Euless Not required. Grapevine A conditional use permit is required for both on-premise and off-premise consumption, including wineries. A floor plan is required to show areas of consumption, storage and point of sale, depending on the use. Hurst Not required (per code). Depends on zoning district. Keller Not required. NRH Not required. South lake Yes (per code). Arlington Not required. Fort Worth Not required. Does your city require a food to alcohol sales ratio for restaurants, and if so, what is the ratio? Bedford Restaurants must maintain a 50/50 food to alcohol ratio (per code). Euless None. Generally use 51/49 to ensure that sale of alcohol is not the primary use of the property. Grapevine Restaurants must maintain a 50/50 food to alcohol ratio. Hurst 50% of revenue must be from food sales (per code). Keller None. Only applicable to bars, which are uses that exceed 75% of the revenue from the sale of alcoholic beverages. NRH 60% of revenue must be from food sales (per code). South lake No response. Arlington Restaurants must maintain a 75/25 food to alcohol ratio. Fort Worth Only in the Neighborhood Commercial district, which is 50/50 in restaurants How often (quarterly, annually) is the food to alcohol ratio verified? Bedford Quarterly (per code). Euless Not done at this time. Grapevine The sales ratios are verified once a year and are generally solicited right after the first of the year. Hurst No response. Keller Quarterly. NRH No response. South lake No response. Arlington Not done at this time. Fort Worth Verified on complaint basis through sales tax records Does your city issue a city license for alcohol sales, and if so, what is the fee? Bedford Yes. Mixed Beverage - 1 st through 3rd years: exempt Mixed Beverage - 4th and subsequent years: $375 Mixed Beverage late hours - 4th and subsequent years: $75 Off-premise beer permit: $30 Euless No city license issued. Grapevine Yes. Mixed Beverage - 1 st through 3rd years: exempt Mixed Beverage - 4th and subsequent years: $375 Off-premise beer and/or wine permit: $30 Hurst Yes. Fee is one-half of State fee. Keller No city license issued. NRH No response. Southlake No response. Arlington Yes. Fee varies from $30 to $937.50 depending on type of license. Fort Worth No city license issued ORDINANCE 0-03-1398 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES, OF THE COLLEYVILLE CODE OF ORDINANCES, TO REQUIRE QUARTERLY REPORTS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION WHEREAS, the City Council of the City of Colleyville has determined that it is in the best interests of the citizens of Colleyville, Texas to revise Chapter 6 of the Colleyville Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Article I, entitled "In General" of Chapter 6 of the Code of Ordinances, City of Colleyville, Texas, Section 6-34, entitled "Records" is hereby amended in its entirety to read as follows: See, 6-34, Records. All persons operating establishments engaging in the sale of alcoholic beverages within the City shall comply with the reporting requirements of this Section. (a) The owner, operator or person in control of an establishment licensed by the state for on-premises alcoholic beverage consumption shall, on a quarterly basis, file with the Building Official an affidavit, on an officially approved form provided by the Building Official, that reflects gross sales for the preceding three months, indicating the sales of non-alcoholic items and alcoholic beverages. The quarterly reports for the previous three-month period shall be due on or before the 25th day of April, July, October and January. (b) The party shall also file on a quarterly basis, at the same time the affidavit on sales is filed, a copy of the filing(s) supplied to the state for sales tax and alcoholic beverage tax purposes for the previous three-month period. (c) Such affidavit and copies of filing(s) supplied to the state for sales tax and alcoholic beverage tax purposes shall be reviewed by the City Manager or designee for compliance with the provision of Section 6-5 above regarding the ratio of non-alcohol items to alcohol beverage sales. (d) If a quarterly report submitted indicates that the filing establishment does not comply with the percentage requirements of Section 6-5 above, the establishment shall have until the next due date of a quarterly report to bring Ordinance 0-03-1398 Page 2 of 3 the establishment into compliance with city ordinances. The licensee shall be notified by certified mail by the Building Official that a violation of this Section has occurred. Such notification shall specify the date by which the licensee must be in compliance with Section 6-5. A report containing the same information as the quarterly report must be filed with the Building Official on or before the date required for compliance, as stated in the letter of notification of violation. (e) If a quarterly report is not submitted to the Building Official on or before the 25th day of April, July, October and January, the Building Official shall notify the licensee by certified mail that a quarterly report has not been submitted. The licensee shall have a period of ten (10) days after the date of delivery marked on the certified mail return receipt to file the quarterly report. (f) Failure to file a quarterly report or failure to bring the establishment into compliance by the next due date of a quarterly report shall constitute a violation of this Section. The City Attorney may inform the Texas Alcoholic Beverage Commission that the establishment is no longer in compliance with the city ordinances as previously certified to by the Building Official and request that the Texas Alcoholic Beverage Commission take whatever action is available under the Texas Alcoholic Beverage Code to revoke the state license. (g) The person operating an establishment subject to the reporting requirements of this article shall permit the City Manager or a designated agent to view and copy the books, records and receipts relative to sales of non-alcohol items and alcoholic beverages at any time after twenty-four hours notice. Sec. 2. THAT Chapter 6 of the Code of Ordinances of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Ordinance 0-03-1398 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney CITY COUNCIL ca@m", AGENDA BRIEFING TC'~~$ MEETING DATE: ITEM # : ORDINANCE # : 04/01/03 9 0-03-1399 CITY MANAGER i DEPARTMENT HEAD I FINANCE REVIEW I DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Ordinance 0-03-1399 - Approval of an amendment to Chapter 1, Section 1.18.B.4.b, of the Land Development Code to expand the property owner notification for alcohol related SUP requests, Case Z-03-009 Previous Action: None First Reading and Public Hearing Backqround The City Council directed staff to prepare an amendment to the Land Development Code to consider changing the property owner notification requirements regarding Special Use Permits for alcoholic beverages. The current ordinances require that the owners of real property within 200 feet of the proposed site be mailed notice of public hearing for all rezoning, Special Use Permit and PUD cases. The 200-foot notification distance is a requirement of the Land Development Code and is the same distance requirement contained in state zoning laws. The proposed amendment will change the notification distance requirements to 500 feet, but only for Special Use Permits for alcoholic beverage sales. A similar issue was considered by the City Council in August 2000. At that time, the Council considered whether to increase the zoning notification requirements to 500 feet in all cases. Historically, the 200-foot notification area has been in the Texas statutes since the adoption of zoning enabling legislation in 1927. Most cities use the 200-foot notification area, but there are some cities in Texas that have adopted a larger notification boundary. Cities that provide a larger notification area adopted those procedures as provided by Chapter 211 of the Texas Local Government Code, which provides the authority to establish the type of notice given to the public in zoning cases. All of the communities adjacent to Colleyville are consistent with State law and require the 200- foot notification area. However, the cities of Fort Worth, Austin, and EI Paso require a 300-foot notification rather than the 200-foot required by State law. These cities have adopted the 300- foot notification requirement by ordinance, and the requirement is stated in their respective codes. The City of Dallas notification requirements vary by the size of the property. Two key issues to consider regarding an extension of the notification distance requirements are the effects on the written protest provisions contained in State zoning laws and the amount of additional staff time required to prepare the notices for a larger number of property owners. Agenda Briefing Ordinance 0-03-1399 Page 2 of 2 Section 211.006(d) of the Texas Local Government Code contains provisions for dealing with protests to proposed changes in zoning boundaries. The protest must be written and signed by the owners of at least 20% of either the land proposed for rezoning or the area of the land adjoining the land proposed for rezoning and extending 200 feet from that area. If the protest meets this requirement, commonly referred to as the "20% rule," then the proposed change must receive, in order to take effect, the affirmative vote of at least three-fourths of all the members of the governing body. Since Colleyville has five voting council members, such a request would require four affirmative votes. As the distance for notification increases, the land area contained within the notification area increases at a larger rate. Given this fact, the protest requirements must be specifically addressed. If the protest requirements stated "20% of the notification area," a larger notification distance would require a much larger number of parcels to achieve the 20% threshold. For the purposes of protests, the City of Austin code maintains the "20% rule" as stated in the State statutes. The Austin code requires that the land area within 200 feet of the proposed rezoning be used to calculate whether a protest triggers a super-majority vote. Each zoning case submitted to the City requires property owner notification. For each case, staff prepares a notification map and researches the names and addresses of the property owner for each affected parcel. The property owner information is maintained in a mailing list for that particular case. Each property owner is then mailed a notice letter. In August 2000, staff estimated that the notification process on average requires 1.5 hours of staff time per case, and that the increase to a 500-foot notification area would equate to a 145% increase of staff time spent preparing notification for that zoning case. Section 1.18.B.4.b, of the Land Development Code currently reads as follows: b. When a proposed change affects a specific tract of land, written notice of the public hearing shall be sent to all owners of real property lying within two hundred (200) feet of the area being considered. Such notice to be given to each property owner as listed on the last approved tax roll not less than ten (10) days before the day set for hearing by depositing letters properly addressed and postage paid in the United States Post Office. The applicant will be sent notice by certified mail. The proposed Paragraph b. should include an additional new paragraph to read as follows: b. When a proposed change affects a specific tract of land, written notice of the public hearing shall be sent to all owners of real property lying within two hundred (200) feet of the area being considered. Such notice to be given to each property owner as listed on the last approved tax roll not less than ten (10) days before the day set for hearing by depositing letters properly addressed and postage paid in the United States Post Office. The applicant will be sent notice by certified mail. Agenda Briefing Ordinance 0-03-1399 Page 3 of 2 i, Alcohol SUP requests - When a rezoninq application includes a provision for a Special Use Permit for the sales of alcoholic beveraqes, the written notification of the public hearing stated in the precedinQ paraqraph shall be sent to all owners of real property 'vinq within five hundred (500) feet of the area beinq considered, Section 211.006(c) of the Texas Local Government Code states that the governing body of a Home Rule City may establish the type of notice provided for public hearings of zoning cases. According to this Section, the ordinance to change the type of notice requires a two-thirds vote of the governing body, which would be four affirmative votes of the City Council. Amending a zoning regulation requires a public hearing and a recommendation from the Planning and Zoning Commission. The Planning and Zoning Commission conducted a public hearing and considered this amendment to the zoning regulations at the March 24, 2003 meeting. The Commission recommended denial by a unanimous (6-0) vote. It was the Commission's opinion to keep the notification requirements consistent with our neighboring communities. The Commission expressed concern that increasing the notification requirements would have a negative effect on economic development efforts to attract high quality restaurants to Colleyville. The Land Development Code and State zoninq law requires a favorable three-fourths vote by the City Council to approve a proposed zoninq requlation that has been recommended for denial by the Planninq and Zoninq Commission. Recommendation This item was placed on the agenda at the request of the City Council. Attachments . Ordinance 0-03-1399 ORDINANCE 0-03-1399 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, OF THE LAND DEVELOPMENT CODE, AS AMENDED, REGARDING SPECIAL USE PERMITS FOR THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND AUTHORIZING PUBLICATION, WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00- 1214 on April 18, 2000, to adopt the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, the Planning and Zoning Commission has held a public hearing and forwarded its recommendation to the City Council for consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: See 1. THAT Chapter 1, Section 1.18.BA.b, of the Land Development Code, as amended, is hereby amended to read as follows: b. When a proposed change affects a specific tract of land, written notice of the public hearing shall be sent to all owners of real property lying within two hundred (200) feet of the area being considered. Such notice to be given to each property owner as listed on the last approved tax roll not less than ten (10) days before the day set for hearing by depositing letters properly addressed and postage paid in the United States Post Office. The applicant will be sent notice by certified mail. I. Alcohol SUP Requests - When a rezoning application includes a provision for a Special Use Permit for the sale of alcoholic beverages, the written notification of the public hearing stated in the preceding paragraph shall be sent to all owners of real property lying within five hundred (500) feet of the area being considered. See 2. See 3. See 4. See 5. Ordinance 0-03-1399 Page 2 of 2 THAT Ordinance 0-00-1214, the Land Development Code, as amended, shall remain in effect, except where amended by this ordinance. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 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 ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney CITY COUNCIL City Qr caenca Tl~~~$ AGENDA BRIEFING MEETING DATE: ITEM # : ORDINANCE # : 04/01/03 10 0-03-1400 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW i Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval to amend the existing electric franchise agreement between the City and Oncor Electric Delivery Company, to provide for a different consideration First Reading and Public Hearing Backqround On December 3, the City Council approved a settlement agreement with TXU Electric and TXU Gas relating to claims arising out of electric and gas franchise fee calculations. The agreement was based on litigation filed by the City of Denton against TXU relating to the payment of delinquent electric and gas franchise fees. The City of Denton alleged that TXU Electric and TXU Gas excluded certain classes of revenues from calculations used to derive the franchise fees owed to cities for the rental and use of their public streets, easements, and public properties. TXU delivered the terms of the settlement agreement to all cities served by the companies. The City of Colleyville approved the settlement agreement (Resolution R-02-2066) at the December 3, 2002 Council meeting. Upon acceptance of the settlement, the City has the option to approve ordinances that amend the electric and gas franchise agreements to include additional categories of revenue in the franchise fee calculation from and after January 1, 2002. Just as was the case of the initial payment, all future franchise fee calculations will be born by the ratepayers as a 100% pass-through cost on electric bills. Amendment To The Franchise Aqreement The City, at its election, may apply a 4% franchise fee to discretionary service charges for electric service. Discretionary service charges are miscellaneous charges for different services provided by Oncor. They can be seen in Attachment A, and are identified as items DD1 through 24. The City may only choose to add the 4% to all charges or none of the charges. Agenda Briefing Ordinance 0-03-1400 Page 2 The customer's monthly bill will not increase, unless they request a service for which a discretionary charge is due. If a customer, through their retail electric provider, requests one of the services listed as a discretionary service charge, the 4% franchise fee amount will be applied to the customer's bill. For example, if the customer requests a disconnection of distribution service at the meter during regular hours (DD5-A), the customer would be charged $8.00 plus a $0.32 franchise fee ($8.00 times 4%). Some of the discretionary service charges are as high as $3,780.00, and could be even more if the charge is "as calculated." In addition to expanding the franchise fee base, the franchise amendment provides that the City agrees that Oncor has the right to collect the fee from the customer and the customer will bear 100% of the franchise fee (pass-through cost). Finally, the City agrees that in the event the City intervenes in any regulatory proceeding or subsequent appeal, the City must take an affirmative position in support of the 100% recovery of the franchise fee from the ratepayer. Impact To Consumers' Bills Franchise fees for discretionary service charges will not be retroactive back to January 1, 2002, but will begin going forward from the time the ordinance is passed. According to Oncor, they are not recovering any past amounts from consumers for electric charges. As stated above, the customer's monthly bill will not increase, unless they request a service for which a discretionary charge is due. A customer will be charged through their retail electric provider, when they request one of the services listed as a discretionary service charge (Items DD1 through DD24). The 4% franchise fee amount will be applied to the customer's bill by multiplying the amount of the service charge by 4%. Leqal Review Clarence A. West, a public utilities attorney from Austin, has reviewed the proposed ordinance and did not suggest any changes or modifications. Financial Impact The City will realize an increase in revenue from approving the ordinance. Staff requested the amount of additional revenues the City would see as a result of approving the ordinance, but Oncor does not have the impact calculated. Recommendation Approval Agenda Briefing Ordinance 0-03-1400 Page 3 Attachments · Resolution R-02-2066 · Attachment A - TXU T&D Utility Tariff for Retail Delivery Service - 6.1.2 Discretionary Service Charges · Ordinance 0-03-1400 RESOLUTION R-02-2066 APPROVAL OF A SETTLEMENT AGREEMENT WITH TXU ELECTRIC AND TXU GAS RELATING TO CLAIMS ARISING OUT OF ELECTRIC AND GAS FRANCHISE FEE CALCULATIONS PRIOR TO JANUARY 1, 2002 WHEREAS, thirty-seven cities filed a suit in the 1341h Judicial District Court of Dallas County, Texas styled City of Denton, Texas et a/. VS. TXU Electric Company et a/. which included claims arising out of the calculation and amount of franchise fees paid by TXU Electric and TXU Gas; and WHEREAS, the Litigation was resolved by agreement and TXU Electric and TXU Gas have agreed to offer the City of Colleyville, Texas, as well as all cities served by the company, the same benefits offered to the Plaintiffs in the Litigation; and WHEREAS, TXU Electric (Oncor) will pay the City a sum of money in the amount of $15,919.44; and WHEREAS, TXU Gas will pay the City a sum of money in the amount of $50,223.51; and WHEREAS, the City acknowledges that TXU Gas has the right to and shall recover the sum of $50,223.51 from its ratepayers through a surcharge to the monthly bills rendered to its ratepayers; and WHEREAS, the City has agreed to accept the offer by TXU Electric and TXU Gas in order to fully and finally resolve all disputes and claims arising out of the calculation and payment of franchise fees to the City prior to and through December 31,2001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council of the City of Colleyville, Texas, approves the Compromise, Settlement, and Release Agreement, hereby attached as Exhibit "An. Resolution R-02-2066 Page 2 of 2 AS IT IS SO RESOLVED. PASSED BY A VOTE OF .5" AYES, 0 NAYS AND 0 ABSTENTIONS ON THIS THE ,J ttPt- DAY OF ;.{~ 2002. ATTEST: CITY OF COLLEYVILLE: 0~~ rfi~-I')a, Donna Arp Mayor Cynthia Singleton, TRMC City Secretary "Exhibit An COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT This Compromise, Settlement, and Release Agreement (the "Agreement") is made and entered into as of the date set forth below by and between the City of Coli eyville (the "City") and TXU Electric Company nlkJa TXU US Holdings Company ("TXU Electric") and TXU Gas Company ("TXU Gas"): WHEREAS, thirty seven cities filed a suit in the 134th Judicial District Court of Dallas County, Texas, in Cause No. 00-9383, styled City of Denton. Texas et al. VS. TXU Electric Company. et al. (the "Litigation") which included claims arising out of the electric and gas franchise ordinances similar in some respects to the franchise ordinances entered into by and between the City and TXU Electric and TXU Gas and, specifically, the Litigation involved a dispute with regard to the calculation and amount of franchise fees paid by TXU Electric and TXU Gas; WHEREAS, the Litigation was resolved by agreement and TXU Electric and TXU Gas have agreed to offer the City the same benefits offered to the Plaintiffs in the Litigation and the City has agreed to accept the offer by TXU Electric and TXU Gas and to release any claims related to the payment of franchise fees prior to and through December 31, 2001 ; NOW, THEREFORE, in order to fully and finally resolve all disputes and claims arising out of the calculation and payment of franchise fees to the City by TXU Electric and TXU Gas prior to and through December 31, 200 I, for the mutual promises and covenants set forth in this Agreement, the adequacy and sufficiency of which consideration is acknowledged the City and TXU Electric and TXU Gas agree as follows: 1. AMENDMENTS TO THE ELECTRIC FRANCHISE ORDINANCE As the result of electric industry restructuring, the electric franchise formerly held by TXU Electric has been assigned to Oncor Electric Delivery Company ("Oncor"), accordingly, COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - PaRe I effective January 1,2002, the City agrees to enter into and TXU Electric agrees to cause Oncor to accept an amendment to the current electric franchise ordinance substantially in the form of the amendment attached as Exhibit A which amendment shall, at the election of the City, provide that the Discretionary Services Charges identified in Section 6.1.2 of the Tariff for Retail Delivery applicable to Oncor which are directly paid by the customer and which are those charges identified as items DDl through and inclusive of 0024 in said tariff, shall be subject to an additional franchise fee based on 4% of such charges which additional franchise fee shall be paid to the City pursuant to the tenns of the amendment attached as Exhibit A. The City acknowledges that Oncor may file with the Texas Public Utility Commission and/or the City a tariff amendment in compliance with the terms of this agreement, which will provide that Oncor shall have the right to collect from the customer the franchise fee on such Discretionary Service Charges such that the customer shall bear 100% of the franchise fee on such Discretionary Service Charges. The City acknowledges that Oncor is an intended third-party beneficiary of this agreement and agrees to cooperate with Oncor in order for Oncor to pass through to customers the entire franchise fee on such Discretionary Service Charges by taking the following actions: (i) to the extent the City acts as regulatory authority, by adopting and approving that portion of any tariff in compliance with the terms of this Agreement which provides for 100% recovery of such franchise fees; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of the franchise fees on such Discretionary Service Charges is an issue, the City will take an affirmative position supporting the 100% recovery of such franchise fees by Oncor and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery ofsuch franchise fees by Oncor. The City further agrees not to take any action to prevent the recovery of the franchise fees COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT. Pate 2 on such Discretionary Service Charges by Oncor and to take other action which may be reasonably requested by Oncor to provide for the 100% recovery of such franchise fees by Oncor. 2. AMENDMENTS TO THE GAS FRANCHISE ORDINANCE Effective January I, 2002, the City agrees to enact and TXU Gas agrees to accept an amendment to the current gas franchise ordinance substantially in the form of the amendment attached as Exhibit B to provide that, at the election of the City, the franchise fee will increase to a maximum of 4.00% of the applicable franchise fee payment base and, at the election of the City, the franchise fee payment base shall be amended to include miscellaneous fees, contributions in aid of construction, bad debt expense, transportation revenues and third-party gas sales and gross receipts fees as well as a favored nations clause with respect to franchise fee payments and franchise fee calculations, substantially in the fonn of the provisions in Exhibit B. The City acknowledges that TXU Gas has the right to recover from its ratepayers such additional franchise fee payments to the City and the City agrees to cooperate with TXU Gas in order for TXU Gas to pass through to its ratepayers the entire franchise fee payment, as amended, by taking the following actions: (i) as regulatory authority, by adopting and approving the ordinance, rates or tariff which provide for 100% recovery of such franchise fees as part ofTXU Gas' rates; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of TXU Gas' franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of such franchise fees by TXU Gas and; (iii) in the event of an appeal of any such regulatory proceeding in which a City has intervened, the City will take an affirmative position in any such appeals in support of the 100010 recovery of such franchise fees by TXU Gas. The City further agrees not to take any action to prevent the recovery of such franchise fees by TXU Gas and to take other COMPROMISE. SETfLEMENT AND RELEASE AGREEMENT - rue 3 action which may be reasonably requested by TXU Gas to provide for the 100% recovery of such franchise fees from TXU Gas' ratepayers. 3. PAYMENTS TO THE CITY Upon execution and delivery of a fully executed and notarized original of this Agreement: A. TXU Gas agrees to pay to the City the sum of $50,223 .51. The City acknowledges that TXU Gas has the right to and shall recover this amount from its ratepayers pursuant to the tax adjustment clause applicable to TXU Gas, by applying a surcharge to the monthly bills rendered to its ratepayers, provided that the recovery of such surcharge shall be limited as follows: (1) the surcharge shall be amortized over a period not less than three years, and (2) the accroal balance will not be subject to interest. TXU Gas agrees that the franchise fee paid to the City and recovered from ratepayers under this Agreement will not include any amounts collected in the past from ratepayers. B. TXU Electric agrees to pay, or cause Oncor to pay the City, the sum of$15,919.44. 4. RELEASE OF TXU ELECTRIC, TXU GAS AND THEIR AFFILIATES BY THE CITY Except for claims arising out of a breach of this Agreement, the City of Colleyville, on behalf of itself and its successors and assigns and any and all persons, entities or municipalities claiming by, through or under them, hereby RELEASES, DISCHARGES AND ACQUITS, forever and for all purposes, TXU Electric Company (now known as TXU US Holdings Company), its successor Oncor Electric Delivery Company, TXU Gas Company, including its division TXU Gas Distribution, TXU Corp. and each of their respective agents, employees, officers, directors, shareholders, partners, insurers, attorneys, legal representatives, successors and assigns as well as COMPROMISE. SElTLEMENT AND RELEASE AGREEMENT - rue 4 their affiliated corporations, including TXU Business Services Company and TXU Energy Company LLC and its subsidiaries, from and against any and all liability which they now have. have had or may have, and all past, present and future actions, causes of action, claims, demands, damages, costs. expenses, compensation, losses and attorneys' fees of any kind or nature whatsoever, or however described, whether known or unknown, fixed or contingent, in law or in equity, whether asserted or unasserted, whether in tort or contract, whether now existing or accruing in the future arising out of or related to the payment, calculation or rendition of franchise fees to the City on or before December 31, 2001 and all claims which could be asserted against TXU Electric and/or TXU Gas in litigation in any way related to the payment, calculation or rendition of franchise fees by TXU Electric and/or TXU Gas on or before December 31, 2001. This release is intended to only release claims related to the payment, calculation or rendition of franchise fees by TXU Electric and TXU Gas on or before December 31, 2001 and is not intended to release any other claim or cause of action that any party to this Agreement has, known or unknown, or which accrues in the future. 5. WARRANTY AS TO OWNERSHIP OF CLAIMS AND AUTHORITY A. The City warrants and represents that it is the owner of the claims being compromised, settled, discharged and released pursuant to this Agreement and each further warrants and represents that it has not previously assigned all or any part of such claims to another entity or person. The City warrants and represents that there are no liens of any nature, assignments or subrogation interests in or to the money paid to the City under the terms of this Agreement. The City warrants that it will take all action necessary to properly execute and, deliver this agreement. COMPROMISE. SETrLEMENT AND RELEASE AGREEMENT - Pallc 5 B. TXU Electric and TXU Gas warrant that the person(s) executing this Agreement on their behalf has authority to bind the entity for whom such person signs this Agreement. 6, NO ADMISSION OF LIABILITY This Agreement is made to compromise, terminate and to constitute an accord and satisfaction of all of the claims released by this Agreement and TXU Electric and TXU Gas admit no liability, fault or wrongdoing of any nature or kind whatsoever and expressly deny and disclaim any liability, fault or wrongdoing alleged or which could have been alleged with regard to the claims asserted in the Litigation if the City had become a party to the Litigation or any similar claims which might be asserted by the City against TXU Electric andlor TXU Gas. 7. RECOVERY OF DAMAGES DUE TO BREACH In the event of breach by any party of the terms and conditions of this Agreement, a non- breaching party shall be entitled to recover all expenses as a result of such breach, including, but not limited to, reasonable attorneys' fees and costs. MISCELLANEOUS PROVISIONS 8. It is understood and agreed that all agreements and understandings by and between the parties to this Agreement with respect to the payment of franchise fees and the settlement of any claims related to the payment of franchise fees are expressly embodied in this Agreement and that this Agreement supersedes any and all prior agreements, arrangements or understandings between the parties relating to the claims released pursuant to this Agreement or any matters related thereto executed by the parties. 9. The parties acknowledge and agree that the terms of this Agreement are all contractual and not mere recitals. COMPROMISE. SElTLEMENT AND RELEASE AGREEMENT - PaRe 6 10. The parties acknowledge that they have read this Agreement, understand its terms. and that this Agreement is entered into voluntarily, without duress, and with full knowledge of its legal significance. 11. This Agreement may not be modified in any manner, nor may any rights provided for herein be waived, except by an instrument in writing signed by each party. 12. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 13. Should any tenn or any provision of this Agreement be declared invalid by a court of competent jurisdiction, the parties agree that all other terms of this Agreement are binding and have full force and effect as if the invalid portion had not been included. 14. The parties represent and warrant that no party has been induced to enter this Agreement by a statement, action or representation of any kind or character made by the persons or entities released under this Agreement or any person or persons representing them, other than those expressly made in this Agreement. IS. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 16. The headings contained herein are for convenience and reference only and are agreed, in no way, to define, describe, extend or limit the scope or intent of this Agreement or its provisions. 17. This Agreement shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date set forth. COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - PaRe 7 DEe 3 ZOOZ THE CITY OF COLLEYVILLE, TEXAS BY:~ ~:te: :; - ~- ~ t;J- CITY COUNCIL APPROVED TXU ELECTRIC COMPANY nlk/a TXU US HOLDINGS COMPANY By: Its: Date: TXU GAS COMPANY By: Its: Date: STATE OF TEXAS COUNTY OF ~t ' ~e.r- This instrument was acknowledged before me on the 1/iI-, day of oct 2002, by ryA/1J/fl.. I.2r p. ' as ,1{ (lyr on behalf of the City of a,~ tt <:.... ~..Q .__,,~...II!..<. ... ...... ....... ..... ..-. __ ...-;...;~~ J::1;!;!:~::: CYNTHIA SINGLETON '.(J.....\." NOTARY PUBLIC \.,\lA( J, STATE OF TEXAS ~:.f ~1y r:'Gmm Exp 04-12-2003 COMPROMISE. SETI'LEMENT AND RELEASE AGREEMENT . Pal!~ 8 STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the _ day of _ 2002. by , ofTXU Electric Company nIkIa TXU US Holdings Company, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the _ day of _ 2002, by , of TXU Gas Company, on behalf of said corporation. Notary Public, State of Texas COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - Plee 9 Attachment A Tariff for Retail Delivery Service Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Applicable: Entire Certified Service Area Effective Date: January 1, 2002 Sheet: 1 Page 1 of 5 Revision: Original 6.1.2 - Discretionary Service Charges AVAILABILITY Applicable to all Competitive Retailers and Retail Customers served by the Company. The service charges listed below are in addition to any other charges made under Company's Tariff for Retail Delivery Service, and will be applied for the appropriate condition described. Other services not covered by these standard conditions will be charged on the basis of an estimate for the job or the Company's cost plus appropriate adders and will be provided in accordance with Commission Substantive Rules. Charge No. Name and Description Amount DD1 Account Initiation Charge is made for processing a request for distribution service initiation. $ 7.00 DD2 Out-of-Cycle Meter Reading Charge is made each time Competitive Retailer requests, and Company makes, a manual out-of-cycle meter reading. A. During Regular Hours $ 7.25 B. Outside Regular Hours - Non-Holiday $ 78.00 C. Outside Regular Hours - Holiday $ 100.00 DD3 Connection Charge is made for new service connections made outside regular working hours. A. Self Contained Meter $ 89.00 B. Other Connections As Calculated DD4 Retail Customer Requested Clearance Charge is made for activities and expenses involved As Calculated in de-energizing/re-energizing Company facilities to allow Retail Customer or Retail Customer's contractor to work near Company electrical facilities or on the Retail Customer's facilities. DD5 DisconnecUReconnect Charge is made for disconnection or reconnection of Retail Customer's distribution service. Disconnect at Meter A. During Regular Hours $ 8.00 Reconnect at Meter B. During Regular Hours - Regular Route $ 10.00 C. During Regular Hours - Special Route $ 28.00 D. Outside Regular Hours - Non Holiday $ 89.00 E. Outside Regular Hours - Holiday $ 115.00 Disconnect at Pole, Weatherhead or Secondary Box F. During Regular Hours $ 44.00 Reconnect at Pole Weatherhead or Secondary Box G. During Regular Hours $ 54.00 H. Outside Regular Hours - Non Holiday $ 155.00 I. Outside Regular Hours - Holiday $ 196.00 DD6 Delivery System Facilities Installation Charge is made pursuant to Section 6.1.2.2 of this As Calculated Tariff for Retail Delivery Service requests involving the installation, construction, or extension of distribution facilities. DD7 Additional Service Design Charge is made for preparing iterative designs to provide service As Calculated to a specific location where such iterations are at the request of the Retail Customer for the Retail Customer's sole benefil. The initial two designs on a project will be included in the system charges, any additional designs will be done at Retail Customer's expense pursuant to this charge. 76 Tariff for Retail Delivery Service Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Applicable: Entire Certified Service Area Effective Date: January 1, 2002 Sheet: 1 Page 2 of 5 Revision: Original 008 Temporary Facilities Charge is made in conjunction with short-term construction projects. A. Connect and disconnect service and read a meter already installed, including an Account $ 49.00 Initiation Charge. B. Install and remove single phase service wires and a meter (demand or non-demand) and $ 161.00 read a meter, including an Account Initiation Charge. C. Install and remove single phase service wires, meter and transformer (up to 50 kVA) on $ 653.00 existing pole and read a meter, including an Account Initiation Charge. O. All other temporary facilities installation and removal. As Calculated 009 Facilities Relocation/Removal Charge is made for relocation or removal of Company As Calculated facilities at the request of and for the benefit of the requestor pursuant to Section 6.1.2.2 of this Tariff for Retail Delivery Service. 0010 Meter Test Charge is made when a Competitive Retailer requests, and Company performs, a meter test and the meter is found to be within the accuracy standards established by the applicable legal authority. $ 23.00 A. Single Phase Self Contained $ 44.00 B. Three Phase Self Contained $ 71.00 C. Single Phase Instrument Rated $ 94.00 O. Three Phase Instrument Rated 0011 PCB Inquiry and Testing Charge is made for activities and expenses involved in the research $ 125.00 required to respond to PCB inquiries regarding Company-owned, mineral oil-filled electrical equipment, plus a lab testing charge if required. Initial charge covers up to four transformers at a specific location. For each additional transformer at the same location, add $20. A. Lab Testing Charge (if required) As Calculated 0012 Service Call Charge is made for responding to a service call that is determined to be a Retail $ 50.00 Customer problem rather than a Company problem. 0013 Tampering Charge is made for unauthorized reconnection or other tampering with Company $ 147.00 metering facilities or any theft of electric service by any person on the Retail Customer's premises or evidence by whomsoever done at Retail Customer's premises. An additional charge for the cost of repairs and/or replacement of damaged facilities and the installation of protective facilities or relocation of meter is made at cost plus appropriate adders. 0014 Off-Site Meter Reading (OMR) Equipment Installation Charge is made for installation of Company's "Standard Advanced Metering Equipment" designed to transmit information via radio to a hand held meter reading device carried by the meter reader. This allows for the provision of a meter reading without visual contact with the meter. The Company maintains ownership of this equipment. A. During Regular Hours $ 86.00 B. Outside Regular Hours - Non-Holiday $ 152.00 C. Outside Regular Hours - Holiday $ 178.00 0015 Automated Meter Reading (AMR) Equipment Installation Charge is made for the installation of Company's "Standard Advanced Metering Equipment" designed to transmit information via telephone to a central location. This allows for the provision of meter reading information on cycle or special reading date at the request of a Competitive Retailer. The Competitive Retailer must secure Retail Customer commitment to maintain a working telephone circuit and Retail Customer's permission to connect Retail Customer's telephone circuit to the meter. The Company maintains ownership of this equipment. A. Single Phase Self Contained $ 202.00 B. Three Phase Self Contained $ 359.00 C. Single Phase Instrument Rated $ 259.00 O. Three Phase Instrument Rated $ 420.00 77 Tariff for Retail Delivery Service Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Applicable: Entire Certified Service Area Effective Date: January 1, 2001 Sheet: 1 Page 3 of 5 Revision: Original 0016 Automated Meter Reading (AMR) Charge is made for monthly automated meter reading (AMR). A. AMR - Cycle Meter Read $ 1.50 B. AMR - Specific Oate Meter Read $ 6.10 0017 Advanced Metering Interval Load Data Equipment Installation Charge is made for specific As Calculated requests by Competitive Retailer for installation of Company's "Standard Advanced Metering Equipment" designed to access interval load data via telephone. The Competitive Retailer must secure Retail Customer commitment to maintain a working telephone circuit and Retail Customer's permission to connect Retail Customer's telephone circuit to the meter. The Company maintains ownership of this equipment. 0018 Advanced Metering Interval Load Data Equipment Maintenance Charge is for monthly $ 7.00 maintenance and telephone support for "Standard Advanced Metering Equipment." 0019 Electrical Pulse Equipment Installation/Replacement Charge is for the installation/replacement of electrical pulse device equipment. A. Installation Charge $ 330.00 B. Replacement Charges 1. Isolation relay $ 212.00 2. Pulse initiator $ 125.00 3. Isolation relay & pulse initiator $ 272.00 4. Enclosure box $ 119.00 0020 Electrical Pulse Equipment Maintenance Charge is made for the maintenance of electrical $ 10.00 pulse devices. This is an optional service that covers repair/replacement of electric pulse equipment. If Retail Customer does not choose this service, Retail Customer is responsible for replacement charges according to discretionary service charge 0019. 0021 Dual Socket Meter Adapter Installation Charge is made for installation of a dual socket $ 566.00 meter adapter on instrument rated metering facilities to accommodate the Retail Customer's meter. Company maintains ownership of this equipment. Measurements taken from Company's meter will be used to bill Competitive Retailer for non-bypassable charges and for settlement purposes. 0022 Power Factor Correction Equipment Installation Charge is made for the cost of and As Calculated installation of the equipment on Company's Oelivery System necessary to correct the Retail Customer's power factor to the level contained in the Company's Tariff for Oelivery Service. The Retail Customer will be given the opportunity to correct problem on Retail Customer's premises prior to Company taking this action. 0023 Non-Standard Service Equipment Inspection/Testing Charge is made for the periodic $ 58.00 inspection/testing of electric distribution facilities installed at the request of Retail Customer to enhance service reliability. 78 Tariff for Retail Delivery Service Oncor Electric Delivery Company 6.1.2 Discretionary Service Charges Applicable: Entire Certified Service Area Effective Date: January 1, 2002 Sheet: 1 Page 4 of 5 Revision: Original 0024 Distributed Generation Pre-Interconnection Study Fee is made for studies that may be required and conducted by Company for the interconnection of distributed generation on the Company's delivery system. NON-EXPORTING A. Oto 10 kW 1. Pre-certified, not on network $ 0 2. Not pre-certified, not on network $ 220 3. Pre-certified, on network $ 200' 4. Not pre-certified on network $ 330 B. 10+ to 500 kW 1. Pre-certified, not on network $ 180" 2. Not pre-certified, not on network $ 320 3. Pre-certified, on network $ 960' 4. Not pre-certified on network $ 1,725 C. 500+ to 2000 kW 1. Pre-certified, not on network $ 510 2. Not pre-certified, not on network $ 650 3. Pre-certified, on network $ 2,550 4. Not pre-certified on network $ 2,550 O. 2000+ kW 1. Pre-certified, not on network $ 860 2. Not pre-certified, not on network $ 1,000 3. Pre-certified, on network $ 3,000 4. Not pre-certified on network $ 3,653 EXPORTING A. o to 10 kW 1. Pre-certified, not on network $ 0 2. Not pre-certified, not on network $ 220 3. Pre-certified, on network $ 200' 4. Not pre-certified on network $ 330 B. 10+ to 500 kW 1. Pre-certified, not on network $ 180" 2. Not pre-certified, not on network $ 320 3. Pre-certified, on network $ 1 ,290' 4. Not pre-certified on network $ 1,890 C. 500+ to 2000 kW 1. Pre-certified, not on network $ 510 2. Not pre-certified, not on network $ 650 3. Pre-certified, on network $ 3,300 4. Not pre-certified on network $ 3,440 O. 2000+ kW 1. Pre-certified, not on network $ 860 2. Not pre-certified, not on network $ 1,000 3. Pre-certified, on network $ 3,650 4. Not pre-certified on network $ 3,780 . No cost for inverter systems less than 20 kW. .. No cost if generator supplies less than 15% of feeder load and less than 25% of feeder fault current. 79 ORDINANCE 0-03-1400 AN ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY OF COLLEYVILLE AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ON COR ELECTRIC DELIVERY COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Oncor Electric Delivery Company, successor in interest to TXU Electric Company (hereinafter called "Oncor") is engaged in the business of providing electric utility service within the City of Colleyville (hereinafter called "City") and is using the public streets, alleys, grounds and rights-of- ways within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body of the City of Colleyville and duly accepted by Oncor; and WHEREAS, the City and Oncor desire to amend said franchise ordinance to provide for a different consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the existing electric franchise ordinance between the City of Colleyville and Oncor Electric Delivery Company is amended as follows: A. Effective January 1, 2002, the franchise fee due from Oncor shall be a sum comprised of the following: (1) a charge, as authorized by Section 33.008(b) of PURA, based on each kilowatt hour of electricity delivered by Oncor to each retail customer whose consuming facility's point of delivery is located within the City's municipal boundaries and as specified by Oncor to the City by letter dated January 21, 2002, hereby attached as Exhibit "A". (a) The franchise fee due pursuant to Section 33.008(b) of PURA shall be payable in accordance with the existing electric franchise; and (2) a sum equal to four percent (4%) of gross revenues received by Oncor from services identified in its "Tariff for Retail Delivery Service", Section 6.1.2, "Discretionary Service Charges," items DD1 through DD24, that are for the account or benefit of an end-use retail electric consumer. Ordinance 0-03-1400 Page 2 of 4 (a) The franchise fee amounts based on "Discretionary Service Charges" shall be calculated on an annual calendar year basis, i.e., from January 1 through December 31 of each calendar year. (b) The franchise fee amounts that are due based on "Discretionary Service Charges" shall be paid at least once annually on or before April 30 each year based on the total "Discretionary Service Charges" received during the preceding calendar year. B. Oncor Franchise Fee Recovery Tariff (1) Oncor may file a tariff amendment(s) to provide for the recovery of the franchise fee on Discretionary Service Charges. (2) City agrees (i) to the extent the City acts as regulatory authority, to adopt and approve that portion of any tariff which provides for 100% recovery of the franchise fee on Discretionary Service Charges; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of the franchise fees on such Discretionary Service Charges is an issue, the City will take an affirmative position supporting the 100% recovery of such franchise fees by Oncor and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by Oncor. (3) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by Oncor. Sec. 2. Sec. 3. Sec. 4. Ordinance 0-03-1400 Page 3 of 4 THAT in all respects, except as specifically and expressly amended by this ordinance, the existing effective franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by Oncor shall remain in full force and effect according to its terms until said franchise ordinance terminates as provided therein. THAT this ordinance shall take effect upon its final passage and Oncor's acceptance. Oncor shall, within thirty (30) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in substantially the following form: To the Honorable Mayor and City Council: Oncor Electric Delivery Company, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of , 20_, Ordinance No. amending the current electric franchise between the City of Colleyville and Oncor and the same shall constitute and be a binding contractual obligation of Oncor and the City. Oncor Electric Delivery Company By Vice President THAT it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as req u ired. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of day of The second reading and public hearing being conducted on the 2003. ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney Ordinance 0-03-1400 Page 4 of 4 CITY OF COLLEYVILLE Donna Arp Mayor Exhibit "A" ~R Stephen J. Houle Vice Preslden: Oncor 1601 Bryan Street 32"' Floor Dallas. TX 75201-3411 Tel 214 812 4821 Fax 214 812 3221 shoule1@txu.com January 2 L 2002 TO THE HONORABLE MAYOR AND COUNCIL PERSONS OF ALL MUNICIPALITIES SERVED BY ONCOR ELECTRIC DELIVERY COMPANY RE: Franchise Fees from Oncor Electric Delivery Company ("Oncor") (formerly TXU Electric Company) In recent months, Oncor has sent letters to some of the cities it serves concerning the amount of franchise fees related to sales beginning January 2002 and sales made to customers who participated in the Retail Choice Pilot Program in 2001. Some cities received two letters, with the second letter revising the calculation described in the first letter. The first letter was sent in October 200 L and the second letter was sent in December 2001. Unfortunately, the second letter contained an incorrect calculation. The correct calculation for calculating the amount of franchise fees that Oncor expects to pay was reflected in its October 2001 letter. For your convenience. that calculation is reflected below: Citv/Town Colleyville 1998 Fees Due $699.144.79 1998 kWh Delivered 234.328,750 Cents/kWh 0.002984 1 apologize for this error and regret any inconvenience that it may have caused you. We appreciate your business and look forward to continuing to provide your city with excellent service that meets all your energy delivery needs. Sincerely, ~p~ VZ~/ t:) 2- CITY COUNCIL ca~'" AGENDA BRIEFING TC"=,,~$ 04/01/03 ",') ", MEETING DATE: CITY MANAGER :;J l. ITEM # : 11 DEPARTMENT HEAD t$ ORDINANCE # : 0-03-1401 FINANCE REVIEW Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval to amend the existing gas franchise agreement between the City and TXU Gas Company, to provide for a different consideration and to authorize the lease of facilities within the City's rights-of-way First Reading and Public Hearing Backqround On December 3, the City Council approved a settlement agreement with TXU Electric and TXU Gas relating to claims arising out of electric and gas franchise fee calculations. The agreement was based on litigation filed by the City of Denton against TXU relating to the payment of delinquent electric and gas franchise fees. The City of Denton alleged that TXU Electric and TXU Gas excluded certain classes of revenues from calculations used to derive the franchise fees owed to cities for the rental and use of their public streets, easements, and public properties. TXU delivered the terms of the settlement agreement to all cities served by the companies. The City of Colleyville approved the settlement agreement (Resolution R-02-2066) at the December 3, 2002 Council meeting. Upon acceptance of the settlement, the City has the option to approve ordinances that amend the electric and gas franchise agreements to include additional categories of revenue in the franchise fee calculation from and after January 1, 2002. Just as was the case of the initial payment, all future franchise fee calculations will be born by the ratepayers as a 100% pass-through cost on gas bills. Current Gas Franchise Aqreement The City's gas franchise agreement (Ordinance 0-88-673) provides that the City receives a franchise fee equal to 4% of the gross receipts received by the company from the sale of natural gas to residential, commercial, and industrial customers. The franchise fee calculation expressly excludes the gross receipts received from the sale of gas to governmental consumers, which are further defined in the ordinance as federal, state, county, city, school district, and all tax-supported institutions or branches of the same. The franchise fee payment is made on April 15t of each year and is based on the gross receipts of the preceding calendar year. Agenda Briefing Ordinance 0-03-1401 Page 2 Amendment To The Franchise Aqreement The City, at its election, may apply a 4% franchise fee to additional revenue bases. Council may choose to apply 4% to all classes below or selected classes. A table showing the different revenue classes and the potential amendments to them can be seen below. Table 1: City of Colleyville Franchise Fee Profile Franchise Fee Revenue Class Current Potential Amendment Residential 4% 4% Residential - Governmental - 4% Commercial 4% 4% Commercial - Governmental - 4% Industrial 4% 4% Industrial - Governmental - 4% Transportation - 4% 3rd Party Value of Gas - 4% Service Charges - 4% Contribution in Aid of Const. - 4% As seen in Table 1 above, the City may choose to expand the franchise fee revenue base to include residential governmental, commercial governmental, industrial governmental, transportation, third party value of gas, service charges, and contributions in aid of construction. Attachment A shows the definitions of each type of customer class listed in the table above. According to Oncor, the City does not have any industrial class customers, which includes the categories of transportation and 3rd party value of gas. As seen above, the City has the option of applying a 4% franchise fee to governmental accounts, which includes Grapevine-Colleyville Independent School District (GCISD) and the U.S. Post Office. According to Oncor, governmental customers in Grapevine, with the exception of DFW Airport governmental customers, are excluded from gas franchise fees. Given the potential impact to GCISD and the current exemption to governmental users, staff recommends continuing the exemption of the 4% franchise fee on governmental users. As seen above, service charges may be subject to the franchise fee. The current Tariff for Gas Service (Tariff), approved as ordinance 0-02-1380, identifies miscellaneous service charges applied to residential and commercial accounts. Rate schedules 9001 through 9008 (Attachment B) identify the miscellaneous service charges and the charge applicable to each. If the 4% amendment were approved for service charges, 4% would be added to the amount of the service charge. For example, if the customer wanted a read for change charge ($12.00) the franchise fee the customer would pay would be $0.48 ($12 times 4%). Agenda Briefing Ordinance 0-03-1401 Page 3 A contribution in aid of construction (CIAC) is the amount of customer-supplied capital for new projects and upgrades beyond the amount that TXU Gas is required to provide as stated in the gas franchise. This is the cost for a facility that an individual (ex, developer) is required to pay over and above the franchise required limit. For example, the current franchise states that TXU Gas is not required to extend mains on any street more than one hundred feet (100') for anyone consumer of gas. The cost of extension above that requirement is borne by the individual who requests the extension. Historically, the Railroad Commission has determined that the actual main extension cost is proper. If approved, a 4% fee will be added to CIAC. In addition to expanding the franchise fee base, the franchise amendment provides that the City agrees that TXU Gas has the right to collect the fee from the customer and the customer will bear 100% of the franchise fee (pass-through cost). Finally, the City agrees that in the event the City intervenes in any regulatory proceeding or subsequent appeal, the City must take an affirmative position in support of the 100% recovery of the franchise fee from the ratepayer. Impact to Consumers' Bills When the ordinance is passed, it becomes effective January 1, 2002 and affects gas bills issued after that time. According to Oncor, there will be a factor used to determine the surcharge to customers' bills for the charges from January 1, 2002 through the effective date of passage. The additional surcharge amount will be added to the franchise factor and collected over the next 3 years. Oncor stated that an exact determination of financial impact to the customers' bill is not available at this time. From the effective date forward, the 4% franchise fee will be applied to the different revenue classes listed in Table 1 above, with the exception of residential, commercial, and industrial governmental users. Since the City has no 3rd party value of gas or transportation classes currently, the 4% franchise fee will be applied to service charges and CIAC. Leqal Review Clarence West, a utilities attorney from Austin, has reviewed the proposed agreements and suggested modifications to the gas ordinance. Based on his review, staff proposed the three modifications to Oncor. The modifications concerned the favored nations clause, the authority to lease facilities in the City's rights-of-way, and compensation reports made to the City. Oncor would only agree to one of the proposed changes, which related to the authority to lease facilities in the public rights-of-way. Staff added, and TXU agreed to, language that stated that TXU Gas' authority to lease facilities in the ROW shall not affect the lessee's obligation to obtain consent from the City in the form of a franchise agreement. Agenda Briefing Ordinance 0-03-1401 Page 4 Staff requested that TXU add a prOVIsion concerning the favored nations clause. The franchise fee language in the ordinance states that if TXU Gas agrees to increase the franchise fee owed to another City, then the amount due to Colleyville shall be increased equal to that amount. Staff requested that TXU provide written notification to the City if such an increase occurs, and that the City Council may accept or reject the increase at their discretion. TXU would not agree to staff's requested change. Next, staff requested that language be added to the ordinance concerning audited compensation reports made to the City, which show gross revenues received by the Company. TXU would not agree to the change; however, language in the current franchise agreement is sufficient to cover this provision. Financial Impact The City will realize an increase in revenue from approving the ordinance. Staff requested the amount of additional revenues the City would see as a result of approving the ordinance, but Oncor does not have the impact calculated. Recommendation Staff recommends approval of the gas franchise fee ordinance with one modification: exclude residential, commercial, and industrial governmental consumers. Attachments · Attachment A - TXU Gas Distribution Customer Classes Potentially Subject to Franchise Fees · Attachment B - TXU Gas Distribution Tariff for Gas Service - Miscellaneous Service Charges · Ordinance 0-03-1401 Attachment A TXU GAS DISTRIBUTION CUSTOMER CLASSES POTENTIALLY SUBJECT TO FRANCHISE FEES Residential: This type of account will include customers whose predominate use of gas is for residential, family, or household purposes. Residential Governmental: This type of account will include governmental customers whose predominate usage of gas is for residential, family, or household purposes. An example of a residential governmental account would be military housing. Commercial: This type of account will include customers whose predominate use of gas is for non-residential purposes, who do not request or in their opinion, do not wish to meet the monthly minimums of special rate contractual gas service. Commercial Governmental: This type of account will include government agencies that are not on contractual special rate monthly minimum gas service. Commercial governmental can be fire stations, courthouses, parks & recreation, other city accounts, independent school districts and other county or federal government accounts. Industrial: This type of account will include customers whose predominate use is for manufacturing, mining, gas and oil extraction and electric generation. The industrial customer must execute a gas sales contract for this service. Rates are subject to the filed tariff. Industrial Governmental: This type of account will include federal and state agencies that are contractual special rate monthly minimum gas service. Examples of industrial governmental would include federal/state hospitals, military bases, independent school districts and federal/state correctional facility accounts. Transportation: This type of account will include commercial/industrial customers who purchase gas from third party natural gas suppliers and contract with TXU to have it transported to their facilities. The fee received by TXU for providing this transportation service may be subject to the city gross receipts tax. 3rd Party Value of Gas: This type of account will include commercial/industrial customers who purchase gas from third party natural gas suppliers and contract with TXU to have it transported to their facilities. The value of the gas sold by third party natural gas suppliers to the customer may be subject to the city franchise fee. Service Charges: These are fees received by the Company for certain costs not otherwise recovered through rates. Examples of service charges include such items as connection/reconnection charges, returned check charges, collection charges, and read for change charges. Denton Settlement_Gas Cust. Class Definitions(v8-5-02).doc Page 1 08/07/023:52 PM Attachment B Tariff for Gas Service-NT Metro System - Appeal Cities TXU Gas Distribution RATE SCHEDULE: Miscellaneous Service Charaes Nos. 9001 thru 9008 APPLICABLE TO: As Referenced REVISION: 0 EFFECTIVE DATE: As Referenced PAGE: 1 OF 2 MISCELLANEOUS SERVICE CHARGES: 9001 Connection Charge (Residential & Commercial) The following connection charges apply: Schedule Charae Business Hours After Hours $ 35.00 52.50 For each reconnection of gas service where service has been discontinued at the same premises for any reason, for the initial inauguration of service, and for each inauguration of service when the billable party has changed, with the following exceptions: (a) For a builder who uses gas temporarily during construction or for display purposes. (b) Whenever gas service has been temporarily interrupted because of system outage or service work done by Company; or (c) For any reason deemed necessary for company operations. 9002 Read For Change Charge (Residential & Commercial) A read for change charge of $12.00 is made when it is necessary for a company employee to read the meter at a currently served location because of a change in the billable party. 9003 Returned Check Charges (Residential & Commercial) A returned check handling charge of $16.25 is made for each check returned to the Company for any reason. 9004 Delinquent Notification Charge (Residential & Commercial) A charge of $4.75 shall be made for each trip by a Company employee to a customer's residence or place of business when there is an amount owed to the Company that is past due. This charge shall not be made when the trip is required for safety investigations or when gas service has been temporarily interrupted because of system outage or service work done by Company. 9005 Main Line Extension Rate (Residential & Commercial) The charge for extending mains beyond the limit established by Franchise for residential, and commercial customers shall be based on the actual cost per foot of the extension. Tariff for Gas Service-NT Metro System - Appeal Cities TXU Gas Distribution RATE SCHEDULE: Miscellaneous Service Charaes Nos. 9001 thru 9008 APPLICABLE TO: As Referenced REVISION: 0 EFFECTIVE DATE: As Referenced PAGE: 2 OF 2 9006 Charge for Installing and Maintaining an Excess Flow Valve (Residential) A customer may request the installation of an excess flow valve on a new service line or on a service line being replaced provided that the service line will serve a single residence and operate continuously throughout the year at a pressure of not less than 10 psig. The customer will pay the actual cost incurred to install the excess flow valve. That cost will include the cost of the excess flow valve, the labor cost required to install the excess flow valve, and other associated costs. The estimated total cost to install an excess flow valve is $50.00. This cost is based on installing the excess flow valve at the same time a service line is installed or replaced. The excess flow valve will be installed on the service line upstream of the customer's meter and as near as practical to the main. A customer requiring maintenance, repair, or replacement of an excess flow valve will be required to pay the actual cost of locating and repairing or replacing the excess flow valve. The cost to perform this service will normally range from $200.00 to $2,000.00, depending on the amount of work required. This cost will be determined on an individual project basis. This tariff is being filed in accordance with the U.S. Department of Transportation rule requiring the installation of an excess flow valve, if requested by a customer, on new or replaced service lines that operate continuously throughout the year at a pressure of not less than 10 psig and that serve a single residence. The rule further states that the customer will bear all costs of installing and maintaining the excess flow valve. 9007 Recovery of Connection Costs Associated with Certain Stand-By Gas Generators (Commercial) Commercial customers installing stand-by gas generators to provide service in the event of an interruption in electric service in facilities where gas service is not otherwise provided will reimburse TXU Gas Distribution for the actual cost of acquiring and installing the regulator, service line. and meter required to provide gas service for the stand-by generators. Gas service provided for the stand-by generators will be billed at the applicable commercial rate. 9008 Charge for Temporary Discontinuance of Service (Residential & Commercial) Whenever service under this rate schedule has been temporarily disconnected at the request of the customer, a charge of $47.00 for residential and $73.75 for commercial plus the appropriate Connection Charge will be made to reestablish such service for that customer at the same address. ORDINANCE 0-03-1401 AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY OF COLLEYVILLE AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND TO AUTHORIZE THE LEASE OF FACILITIES WITHIN THE CITY'S RIGHTS-OF-WAY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TXU GAS COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW WHEREAS, TXU Gas Company (hereinafter called "TXU Gas") is, through its TXU Gas Distribution division, engaged in the business offurnishing and supplying gas to the general public in the City of Colleyville (hereinafter called "City"), including the transportation, delivery, sale, and distribution of gas in, out of, and through the City for all purposes, and is using the public streets, alleys, grounds and rights-of-ways within the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by TXU Gas; and WHEREAS, the City and TXU Gas desire to amend said franchise ordinance to provide for a different consideration and to authorize the lease of facilities within the City's rights-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the existing gas franchise ordinance between the City of Colleyville and TXU Gas Company is amended as follows: A. Effective January 1, 2002, the consideration payable by TXU Gas for the rights and privileges granted to TXU Gas by the franchise ordinance heretofore duly passed by the governing body ofthis City and duly accepted by TXU Gas is hereby changed to be four percent (4%) of the Gross Revenues, as defined in Section 1.8. below, received by TXU Gas. B. "Gross Revenues" shall mean all revenue derived or received by the Company from the sale of gas to its residential, commercial, and industrial classes of customers within the City (expressly excluding revenues from governmental customers in said City): (1) all revenues received by the Company from the transportation of gas through the pipeline system of Company within the City to customers located within the City; and (2) the value of gas transported by Company for Transport Customers through the System of Company within the City ("Third Party Sales"), Ordinance 0-03-1401 Page 2 of 5 with the value of such gas to be reported by each Transport Customer to the Company, provided, however, that should a Transport Customer refuse to furnish Company its gas purchase price, Company shall estimate same by utilizing TXU Gas Distribution's monthly industrial Weighted Average Cost of Gas, as reasonably near the time as the transportation service is performed; and (3) "Gross revenues" shall include: (a) other revenues derived from the following 'miscellaneous charges': I. charges to connect, disconnect, or reconnect gas within the City; II. charges to handle returned checks from consumers within the City; III. such other service charges and charges as may, from time to time, be authorized in the rates and charges on file with the City; and IV. contributions in aid of construction" ("CIAC"); (b) revenues billed but not ultimately collected or received by the Company; and (c) gross receipts fees. (4) "Gross revenues" shall not include: (a) the revenue of any Person including, without limitation, an affiliate, to the extent that such revenue is also included in Gross Revenues of the Company; and (b) sales taxes; and (c) any interest income earned by the Company; and (d) all monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the City's right of way. C. Calculation and Payment of Franchise Fees Based on CIAC Ordinance 0-03-1401 Page 3 of 5 (1) The franchise fee amounts based on "Contributions in aid of Construction" ("CIAC") shall be calculated on an annual calendar year basis, Le., from January 1 through December 31 of each calendar year. (2) The franchise fee amounts that are due based on CIAC shall be paid at least once annually on or before April 30 each year based on the total CIAC recorded during the preceding calendar year. D. Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by TXU Gas (1) If TXU Gas should at any time after the effective date of this Ordinance agree to a new municipal franchise ordinance, or renew an existing municipal franchise ordinance, with another municipality, which municipal franchise ordinance determines the franchise fee owed to that municipality for the use of its public rights-of-way in a manner that, if applied to the City, would result in a franchise fee greater than the amount otherwise due City under this Ordinance, then the franchise fee to be paid by TXU Gas to City pursuant to this Ordinance shall be increased so that the amount due and to be paid is equal to the amount that would be due and payable to City were the franchise fee provisions of that other franchise ordinance applied to City. (2) The provisions of this Subsection D apply only to the amount of the franchise fee to be paid and do not apply to other franchise fee payment provisions, including without limitation the timing of such payments. E. TXU Gas Franchise Fee Recovery Tariff (1) TXU Gas may file with the City a tariff amendment(s) to provide for the recovery of the franchise fees under this amendment. (2) City agrees that (i) as regulatory authority, it will adopt and approve the ordinance, rates or tariff which provide for 100% recovery of such franchise fees as part of TXU Gas' rates; (ii) if the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of TXU Gas' franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of such franchise fees by TXU Gas and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by TXU Gas. Sec. 2. Sec. 3. Ordinance 0-03-1401 Page 4 of 5 (3) City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by TXU Gas. F. Lease of Facilities Within City's Rights-of-Way. TXU Gas shall have the right to lease, license or otherwise grant to a party other than TXU Gas the use of its facilities within the City's public rights-of-way provided: (i) TXU Gas first notifies the City of the name of the lessee, licensee or user; the type of service(s) intended to be provided through the facilities; and the name and telephone number of a contact person associated with such lessee, licensee or user and (ii) TXU Gas makes the franchise fee payment due on the revenues from such lease pursuant to Sections LA. and LB. of this Ordinance. This authority to Lease Facilities Within City's Rights-of-Way shall not affect any such lessee, licensee or user's obligation, if any, to obtain consent from the City to use the public rights-of-way, in the form of a franchise or otherwise, or to pay franchise or other fees. THAT in all respects, except as specifically and expressly amended by this ordinance, the existing effective franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by TXU Gas shall remain in full force and effect according to its terms until said franchise ordinance terminates as provided therein. THAT this ordinance shall take effect upon its final passage and TXU Gas' acceptance. TXU Gas shall, within thirty (30) days from the passage of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in substantially the following form: To the Honorable Mayor and City Council: TXU Gas Distribution, a division of TXU Gas Company, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the _ day of , 20_, Ordinance No. amending the current gas franchise between the City and TXU Gas and the same shall constitute and be a binding contractual obligation of TXU Gas and the City. TXU Gas Distribution A division of TXU Gas Company By Vice President Ordinance 0-03-1401 Page 5 of 5 Sec. 4. THAT it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as req u ired. 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 1. Foster City Attorney CITY COUNCIL Cd:. Of ~ CC~~~DC~ 't.'.\:":; AGENDA BRIEFING MEETING DATE: ITEM #: RESOLUTION # : 04/01/03 12 0-03-1402 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Amending Ordinance 0-02-1324 and approving the amended Tax Increment District Financing (TIF) District Project Plan, Exhibit "A", Attachment 3 First Reading and Public Hearing The current TIF Allocation Project provides for $35,328,690 for various improvements to be funded within the District. (See attached). The project plan includes $1,100,000 of potential funding for Church Street improvements, including paving, drainage, utilities, signal, street lighting and landscaping, etc. To date, the City has expended $496,662 for the purchase of land to provide for the planned extension of Church Street resulting in a balance of $603,338. In recent weeks, staff has worked with the Town Center developers to identify qualifying projects, including planned Church Street improvements (east of SH26) and the development of a linear plaza along the north and south ponds that would enhance and promote the entire project for a total cost of $2,582,500. The following funds were identified as potential funding sources for the planned Town Center project: Riverwalk Drive Public Parking Structure Plaza Storm Water Detention Public Parking Lots, etc. $ 950,000 $ 320,960 $1,139,360 $ 75,000 $ 97,180 Total $2,582,500 As per discussions with the Town Center developers, the current approach is to: 1) reallocate funding for the Riverwalk Drive improvements ($950,000) and a portion of the public parking structure ($100,000) to Church Street improvements; and 2) reallocate funding for the plaza ($1,139,360) and the remaining portion of the public parking structure ($220,960) to public parking lots, land and engineering to provide funding for the planned Town Center project. The amended Tax Increment Financing (TIF) District Project Plan also includes the funding allocation for the reallocation of the Fire Station funding for the realignment of John McCain Road, as approved by the TIF Board on January 22, 2002. (See attached). The anticipated approval of the amended Tax Increment Financing (TIF) District Project Plan by Tarrant County Commissioners Court and the Tarrant County Hospital District will ratify approval of the funding reallocation for the realignment of John McCain Road. Agenda Briefing Ordinance 0-03-1402 Page 2 of 2 On April 1, 2003, the amended Tax Increment Financing (TIF) District Project Plan will be presented to Commissioners Court for consideration. The plan will also be presented to the Tarrant County Hospital District on April 10, 2003 for consideration. Staff will provide the City Council with an update of the District's actions for the April 15, 2003 meeting. The Tax Increment District Financing (TIF) Board will meet on April 1, 2003 prior to the City Council meeting to consider approving the amended Tax Increment Financing (TIF) District Project Plan. Recommendation Approval Attachments: . Ordinance 0-98-1132 . TIF Resolution R-02-3 . Ordinance 0-02-1324 . TI F Resolution R-03-03 . Ordinance 0-03-1402 ORDINANCE 0-98-1132 AN ORDINANCE APPROVING A PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR THE TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER ONE, CITY OF COLLEYVlLLE, TEXAS; MAKING A FINDING REGARDING FEASIBILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City established Tax Increment Financing Reinvestment Zone Number One, City of Colleyville, Texas ("Zone") and established a Board of Directors for the Zone to promote development in the Zone pursuant to Ordinance No. 0-98-1124, approved by the City Council on November 4, 1998. in accordance with the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the "Act"); and WHEREAS, the Board of Directors of Tax Increment Financing Reinvestment Zone Number One, City of Colleyville, Texas (the "Board") on November 24, 1998 prepared and adopted a Project Plan and a Reinvestment Zone Financing Plan for the Zone; and WHEREAS, the Project Plan and Reinvestment Zone Financing Plan are substantially consistent with the preliminary plan developed for the Zone, prior to the Zone's creation; and WHEREAS, the Board has respectfully advised and recommended approval of the Project Plan and Reinvestment Zone Financing Plan by the City Council in order to promote development of the Zone; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. Sec. 2. THAT the Project Plan and Reinvestment Zone Financing Plan submitted to the City Council attached hereto as Exhibit "A" is hereby found to include all information required under Section 311.011 of the Tax Increment Financing Act, Chapter 311 of the Texas Tax Code, Vernon's Texas Codes Annotated (the "Act"). 0-98-11 32 Page 2 of 2 Sec. 3. THAT in accordance with the Act, the City Council has reviewed the Project Plan and Reinvestment Zone Financing Plan and hereby finds the Project Plan and Reinvestment Zone Financing Plan to be feasible. Sec. 4. THAT in accordance with the Act, the City Council hereby approves the Project Plan and Reinvestment Zone Financing Plan attached hereto as Exhibit "A". Sec. 5. THAT the City Manager is hereby directed to notify the governing body of each taxing unit that taxes real property located in the Zone of the City's approval of the Project Plan and Reinvestment Zone Financing Plan, to transmit to each governing body copies of the Plan and to request that each governing body notify the City of Colleyville in writing with respect to its participation in the Zone. Sec. 6. THAT if any section, paragraph, clause or provision of this ordinance shall be for any reason held to be invalid and unenforceable, the invalidity of enforceability of such section, paragraph, dause or provision shall not affect any of the remaining provisions of this ordinance. Sec. 7. THAT this ordinance shall take effect immediately from and after its passage and publication in accordance with the provision of the Charter of the City of Colleyville and it is accordingly so ordained. AND IT IS SO ORDERED The first reading and public hearing being conducted on the --1 ~ ])E~~EJL ,1998. l The second reading and public hearing being conducted on the t S~ De~~M.'8~ ,15*38. day of day of ;J~ J n Harris, TRMC, CMC ty Secretary ~ COLLEYVILLE RiCharil~ Mayor ~VED AS TO FORM AND LEGALITY: ROS!:o~ - City Attorney COLLEYVILLE TIF PROJECT PLAN Total Non-TIF TIF Project COlt COlt Cost S.H. 26 Improvements - raised medians, curb and gutter, drainage, street lighting, landscaping, traffic signals. water. and sanitary sewer 6.350.000 , .500,000 4,850,000 Hall-Johnson Road Improvements - roadway construction, R.O.W. aCQuisition. drainage, utilitv adjustments. landscaping, etc. 3,300.000 1,400,000 1.900,000 Main Street Improvements - paving. drainage, utilities. slanage, street lighting, landsCBping, etc. 700.000 700,000 Church Street Improvements - paving, drainage, utilities, traffic signal, signage, street lighting, landscaDina etc. 1,100,000 1,100,000 Downtown Area Improvements. streets, land, public parking, bridge work, sidewalks, planning and enaineering, etc. 2,200,000 2,200,000 Riverwalk Drive Improvements - paving, drainage, utilities. sianaae, street lighting, landscaping, etc. 1,200,000 1 ,200,000 Bluebonnet Road Improvements - paving, drainage, utilities, sianage, street lighting. landscaping, etc. 750,000 80,000 670,000 Bogart Road Improvements - paving, drainage. utilities, signage, street lighting, landscaping. etc. 780,000 180,000 600,000 Tinker/Sanders Intersection Improvements - paving, drainage, utility adjustments, slgnage, atreet lighting, traffic aignal, landscaping, etc. 220,000 220,000 City Hall 3,500,000 3,500,000 Plaza 2,734,360 2,734 360 Public Parking Structure 2,120,960 2,120,960 Storm Water Detention 200.000 200,000 Library 1,740.000 1,500,000 240,000 Police Station 0 Fire Stlltlon , .493.500 1.493,500 Public Parking Lots, Land, and Engineering 3,011,180 3.011,180 School Improvements 7,938,690 7.938,690 Professional services - engineering, planning, inspection. testing, etc. 650,000 650,000 Total 39,988.690 4,660.000 35,328,690 ATTACHMENT THREE RESOLUTION R-02-3 A RESOLUTION AMENDING RESOLUTION R-98-3 AND APPROVING THE AMENDED TAX INCREMENT FINANCING (TIF) DISTRICT PROJECT PLAN WHEREAS, the City of Colleyville Tax Increment Reinvestment Zone #1 was established as a means of providing incentives to private developers to build commercial projects within the SH26 corridor; and ; I I WHEREAS, the Colleyville Tax Increment Financing District Board desires to amend the Tax Increment Financing (TIF) Project Plan. NOW, THEREFORE, BE IT RESOLVED BY THE TAX INCREMENT FINANCING DISTRICT BOARD OF DIRECTORS OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the attached amended Tax Increment Financing (TIF) District Project Plan (Exhibit A) is hereby approved. AND IT IS SO RESOLVED. PASSED AND ADOPTED, this January 22,2002. II II I TAX INCREMENT FINANCING DISTRICT BOARD OF DIRECTORS ~ lcUL halrman ATTEST: Total I Non-TIF I TIF Project Cost Cost Cost S.H. 26 improvements. raised medians, curb and gutter, drainage, street lighting, 6,350,000 1,500,000 4,850,000 landscaping, traffic signals, water and sanitary sewer Hall-Johnson Road improvements - roadway construction, R.OW acquisition, drainage, 3,300,000 1,400,000 1,900,000 utility adjustments, landscaping, etc. Main Street improvements - paving, drainage, utilities, traffic signal, slgnage, street 700,000 700,000 lighting, landscaping, etc. Church Street improvements - paving, drainage, utilities, traffic signal, signage, street 1,100,000 1,100,000 lighting, landscaping, etc. Downtown Area improvements - streets, land, public parking, bridge work, sidewalks, 2,200,000 2,200,000 planning and engineering, etc. Riverwalk Drive improvements. paving, drainage, utilities, signage, street lighting, 1,200,000 1,200,000 landscaping, etc. Bluebonnet Drive improvements - paving, drainage, utilities, signage, street lighting, 750,000 80,000 670,000 landscaping, etc. Bogart Road improvements - paving, drainage, utilities, signage, street lighting, 780,000 180,000 600,000 landscaping, etc. Tinker/Sanders Intersection improvements. paving, drainage, utility adjustments, signage, 220,000 220,000 street lighting, traffic signal, landscaping, etc City Hall 3,500,000 3,500,000 Plaza 2,734,360 2,734,360 Public Parking Structure 2,120,960 2,120,960 Storm Wa~er Detention 200,000 200,000 Library 1,740,000 1,500,000 240,000 Fire Station 867,500 867,500 John McCain Road 626,000 626,000 Public Parking Lots, Land and Engineering 3,011,180 3,011,180 School Improvements 7,938,690 7,938,690 Professional services - engineering, planning, inspection, testing, etc. 650,000 650,000 TOT ALl 39,988,6901 4,660,000 35,328,690 Colleyville TIF Project Plan 01/23/02 EXHIBIT A R-02-3 ORDINANCE 0-02-1324 AN ORDINANCE AMENDING ORDINANCE 0-98-1132 AND APPROVING THE AMENDED TAX INCREMENT FINANCING (TIF) DISTRICT PROJECT PLAN, EXHIBIT "A", ATTACHMENT 3 AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of Directors of the Tax Increment Financing (TIF) Reinvestment Zone Number One, City of Colleyville, Texas (the "Board") on January 22,2002, approved the amended Tax Increment Financing (TIF) District Project Plan; and WHEREAS, the Project Plan is substantially consistent with the preliminary plan developed for the Zone, prior to the Zone's creation; and WHEREAS, the Board has respectfully advised and recommended approval of the amended Tax Increment Financing (TIF) District Project Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT in accordance with the Act, the City Council hereby approves the amended Tax Increment Financing (TIF) District Project Plan attached hereto as Exhibit "A", Attachment 3. Sec. 2. THAT this Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Colleyville and the Property Tax Code. AND IT IS SO ORDERED, The first reading and public hearing being conducted on the ...5"~ day of 2002. /9~ day of ~~O FORM AND LEGALITY: Ross Foster City Attorney Ordinance 0-02-1324 Page 2 of2 CITY OF COLLEYVILLE: Dt2~ Mayor RESOLUTION R-03-03 A RESOLUTION AMENDING RESOLUTION R-02-2 AND APPROVING THE AMENDED TAX INCREMENT FINANCING (TIF) DISTRICT PROJECT PLAN WHEREAS, the City of Colleyville Tax Increment Reinvestment Zone #1 was established as a means of providing incentives to private developers to build commercial projects within the SH26 corridor; and WHEREAS, the Colleyville Tax Increment Financing District Board desires to amend the Tax Increment Financing (TIF) Project Plan. NOW, THEREFORE, BE IT RESOLVED BY THE TAX INCREMENT FINANCING DISTRICT BOARD OF DIRECTORS OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the attached amended Tax Increment Financing (TIF) District Project Plan (Exhibit "A") is hereby approved. AND IT IS SO RESOLVED, PASSED BY A VOTE OF ABSTENSIONS ON THIS AYES, DAY OF NAYS, AND 2003. COLLEYVILLE TAX INCREMENT FINANCING DISTRICT BOARD Chairman ATTEST: Secretary Total Non-TIF TIF Project Cost Cost Cost S.H. 26 improvements - raised medians, curb and gutter, drainage, str.eet lighting, 6,350,000 1,500,000 4,850,000 landscaping, traffic signals, water and sanitary sewer Hall-Johnson Road improvements - roadway construction, R.O.W. acquisition, drainage, 3,300,000 1,400,000 1,900,000 utility adjustments, landscaping, etc. Main Street improvements - paving, drainage, utilities, traffic signal, signage, street 700,000 700,000 lighting, landscaping, etc. Church Street improvements - paving, drainage, utilities, traffic signal, signage, street 2,150,000 2,150,000 lighting, landscaping, etc. Downtown Area improvements - streets, land, public parking, bridge work, sidewalks, 2,200,000 2,200,000 planning and engineering, etc. Riverwalk Drive improvements - paving, drainage, utilities, signage, street lighting, 250,000 250,000 landscaping, etc. Bluebonnet Drive improvements - paving, drainage, utilities, signage, street lighting, 750,000 80,000 670,000 landscaping, etc. Bogart Road improvements - paving, drainage, utilities, signage, street lighting, 780,000 180,000 600,000 landscaping, etc. Tinker/Sanders Intersection improvements - paving, drainage, utility adjustments, signage, 220,000 220,000 street lighting, traffic signal, landscaping, etc. City Hall 3,500,000 3,500,000 Plaza 1,595,000 1,595,000 Public Parking Structure 1,800,000 1,800,000 Storm Water Detention 200,000 200,000 Library 1,740,000 1,500,000 240,000 Fire Station 867,500 867,500 John McCain Road 626,000 626,000 Public Parking Lots, Land and Engineering 4,371,500 4,371,500 School Improvements 7,938,690 7,938,690 Professional seNices - engineering, planning, inspection, testing, etc. 650,000 650,000 TOTAL 39,988,690 4,660,000 35,328,690 Exhibit IIAII Colleyville TIF Project Plan TIF R.Q3.Q3 ORDINANCE 0-03-1402 AN ORDINANCE AMENDING ORDINANCE 0-02-1324 AND APPROVING THE AMENDED TAX INCREMENT FINANCING (TIF) DISTRICT PROJECT PLAN, EXHIBIT "A', ATTACHMENT 3 AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Board of Directors of the Tax Increment Financing (TIF) Reinvestment Zone Number One, City of Colleyville, Texas (the "Board") on April 1, 2003 approved the amended Tax Increment Financing (TIF) District Project Plan; and WHEREAS, the Project Plan is substantially consistent with the preliminary plan developed by the Zone, prior to the Zone's creation; and WHEREAS, the Board has respectfully advised and recommended approval of the amended Tax Increment Financing (TIF) District Project Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEVILLE, TEXAS: Sec. 1. THAT in accordance with the Act, the City Council hereby approves the amended Tax Increment Financing (TIF) District Project Plan attached hereto as Exhibit "A", Attachment 3. Sec. 2. THAT this Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Colleyville and the Property Tax Code. AND IT IS SO RESOLVED. 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 Exhibit II All Attachment 3 Colleyville TIF Project Plan Total I Non-TIF I TIF Project Cost Cost Cost S.H. 26 improvements - raised medians, curb and gutter, drainage, street lighting, 6,350,000 1,500,000 4,850,000 landscaping, traffic signals, water and sanitary sewer Hall-Johnson Road improvements - roadway construction, R.OW. acquisition, drainage, 3,300,000 1,400,000 1,900,000 utility adjustments, landscaping, etc. Main Street improvements - paving, drainage, utilities, traffic signal, signage, street 700,000 700,000 lighting, landscaping, etc. Church Street improvements - paving, drainage, utilities, traffic signal, signage, street 2,150,000 2,150,000 lighting, landscaping, etc. Downtown Area improvements - streets, land, public parking, bridge work, sidewalks, 2,200,000 2,200,000 planning and engineering, etc. Riverwalk Drive improvements - paving, drainage, utilities, signage, street lighting, 250,000 250,000 landscaping, etc. Bluebonnet Drive improvements - paving, drainage, utilities, signage, street lighting, 750,000 80,000 670,000 landscaping, etc. Bogart Road improvements - paving, drainage, utilities, signage, street lighting, 780,000 180,000 600,000 landscaping, etc. Tinker/Sanders Intersection improvements - paving, drainage, utility adjustments, signage, 220,000 220,000 street lighting, traffic signal, landscaping, etc. City Hall 3,500,000 3,500,000 Plaza 1,595,000 1,595,000 Public Parking Structure 1,800,000 1,800,000 Storm Water Detention 200,000 200,000 Library 1,740,000 1,500,000 240,000 Fire Station 867,500 867,500 John McCain Road 626,000 626,000 Public Parking Lots, Land and Engineering 4,371,500 4,371,500 School Improvements 7,938,690 7,938,690 Professional services - engineering, planning, inspection, testing, etc. 650,000 650,000 TOT ALl 39,988,6901 4,660,0001 35,328,690 0-03-1402 CITY COUNCIL c'llr O{ (rv~r,?" AGENDA BRIEFING ~Ft ;w'd 'e.,>; ~~ MEETING DATE: ITEM #: RESOLUTION # : 04/01/03 13 R-03-2123 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Consideration of appointment to the Planning and Zoning Commission Reading and Public Hearing On February 7, 2003, Mr. Bob Culley, whose term expires September 2003, resigned from the Planning and Zoning Commission. The position was advertised and applications received February 14 through March 17, 2003. There are four applicants whose names are listed below and their applications are attached. . Charles Vetter . Walter Shepard . Thomas Roth . Bob Culley* *Mr. Culley has reapplied for the position from which he resigned. Recommendation Approval Attachments . Mr. Bob Culley, Resignation letter dated February 7, 2003 . Planning and Zoning Commission roster . Applications for Appointment . Resolution R-03-2123 Barry LeBaron From: Culley, Bob. J Sent: Friday. February 07, 2003 4:09 PM To: JWam Subject: FW: Jeff, I guess you are the final word on the subject after all. Please accept my resignation from the Planning and Zoning Commission effective immediately so that you may start the process of finding a replacement. I will truly miss each and every one of you. Bob Culley Vice President Special Projects Liggett Vector Brands Inc. 817-581-5601 NOTICE: This e-mail is intended only for the person(s) to whom it is addressed and may contain information that is privileged, confidential, or exempt from disclosure under applicable law. If you are not the intended recipient of this e-mail, you are hereby notified that any copying or distribution of this e-mail in whole or in part is strictly prohibited. If you have received this e-mail in error, please delete it immediately and do not copy or distribute it in any way. ----Original Mp.ssaae--- From: Daroi Sent: Friday, February 07,20034:03 PM To: Culley, Bob Subject: Re: Dear Bob, I am so sorry that you may need to resign as a member of the.E.@Z. I think this decision should be made by you, with the advice of your chairman, Jeff. I do not know the rules as it pertains to the Commission and attendance, but I would guess it is the same as council. You can not miss more than 25% of the meetings. I want to thank you so much for your service. You have always served with committment, integrity, and stood up for the citizens. Colleyville residents were fortunate to have you in the chair. Take care, Donna Planning and Zoning Commission Meets Second and Fourth Monday at 7:00 p.m. in Council Chambers PLACE 1 Bruce Kelly 3001 Scarborough Lane Colleyville, TX 76034 W: 817.999.9115 H: 817.545.6944 F: 817.355.1145 brucek@flash.net TERM: September 2002 - 2004 PLACE 3 Earl Swift 207 Virginia Square Colleyville, TX 76034 H: 817.498.8780 F: 214.855.1962 qerrvswift@attbi.com TERM: September 2002 - 2004 PLACE 2 Jeffrey Byerly 7109 Pebble Hill Drive Colleyville, TX 76034 W: 817.416.4933 H: 817.329.3372 F: 817.410.9723 ibverlv@msn.com TERM: September 2002 - 2004 PLACE 7 Bud Sellers 7004 Rosebrook Colleyville, TX 76034 W: 817.329.1970 M: 817.371.1163 fdbudman@aol.com TERM: September 2001 - 2003 PLACE 4 Jeffrey Wall 7900 Jefferson Circle Colleyville, TX 76034 W: 817.577.0698 H: 817.577.0698 F: 817.281.1698 iwall52703@aol.com TERM: September 2002 - 2004 PLACE 6 Mark Jones 3604 Wexford Court Colleyville, TX 76034 W: 817.801.7626 H: 817.540.1021 F: 817.540.6527 ionesma@swbell.net TERM: September 2001 - 2003 LIAISON Joe Hocutt 7703 Tillman Hill Road Colleyville, TX 76034 W: 817.410.4122 H: 817.577.2151 F: 817.410.4137 hocutti@ci.collevville.tx.us PLACE 5 VACANT TERM: - September 2003 LIAISON Brad Rice 2707 Meadowview Drive Colleyville, TX 76034 W: 817.336.2400 x289 H: 817.571.5353 F: 817.332.3043 riceb@ci.collevville.tx.us Revised 03117/03 33/03/2003 08:49 9727672713 FALCON FINANCIAL PAGE 02/02 coen ~~~~n9[E TexaS Application for Appoin CITY SECRETARY'S OFFICE Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms (2) two business days after the application deadline as advertised in the Public Notice. These forms are available on the City's website at <htto:/Iwww.collevville.com/boards/aoolication.asD> or by contacting the City Secretary at 817.577.7575, ext. 203. Ms. Mrs. cMV Name: VETT~!( CII/JRLF5 (Last) (First) Address: ILtt;;o S'ql/cy Ct. 76030/- . Home Telephone: ?/7-'flt)- '1t// Work Telephone: A. (MI) Email Address: 'L- Board, Commission or Committee A ointment Desired: Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) BBA 5- in /l71m!,j ,4cc~ to Tex4S A~iJ1 ;'; ~?.? ; C t~ Rejicnt'll 11. P .[;r f4hn hJ1t1J1t"i'o/" E/.,Ialu~fe Vd/ue al htllirl~.rre'~ e.V4/1(~~ re-Ietfe,/ ~Y'e~5(,rowli.Jf~1enf;4/,' 1It1t,) /hifJ"kt!!f'J1 9t!!n~;) /e4d'l It> ft~/J:nj lYI~f'prlacr'ri 1i~lo1 HYl4rlc..inJ. Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) 7;. b€ecme ;t11/~ It/eel iYl C:hl1h1t1;1J~11lIu;/ &wl;/k~ 11> if: Do you understand that attendance and active support is required for each appointee? JL'Yes no Signature: Date: S' - J,,- c!> J Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary P.O. Box 185, ColleyviJ/e, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555 city of Texas CITY SECRETARY'S OFFICE Application for Appointment Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms (2) two business days after the application deadline as advertised in the Public Notice. These forms are available on the City's website at <http://www.collevville.com/boards/application.asp> or by contacting the City Secretary at 817.577.7575, ext. 203. Ms. Mrs. Mr. Name: Walter (First) N. (MI) Shepard (Last) Address: 4003 Bowden Hill Lane East Home Telephone: 817-685-8723 Email Address: Work Telephone: 817-917-3060 Fax: 972-541-5059 Board, Commission or Committee Appointment Desired: Zoning and Planning Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) I have over 20 years in development and construction of commercial, retail and residential properties. I have served as Vice- President to of the largest develop/builders in the state and presently work for a nation wide management firm in charge of the south central region. Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) With my back ground, I believe that I can serve my community with pride and help ensure that we uphold the quality of life that we now enjoy. Do you understand that attendance and active support is required for each appointee? L- yes no Signature: Date: 02/25/03 City of Colleyville Financial Disclosure and Business Conflict of Interest Forms INFORMATION STATEMENT Form 1 Filed in accordance with Ordinance 02-1322 For more information see INSTRUCTION GUIDE TOTAL NUMBER OF PAGES FILED 1 NAME TITLE; FIRST;"'~c-T ~ ~ NICK NAME: LAST; SUFFIX )'#E,PJt4,R t1 ,...._ ^"" U -r. -;;- ,...." ~ nt~be'll~ Ie II WI Ie !l.c~ I MAR - 4 2003 ,/ 2 ADDRESS A;;';3STA1~IJ~E~ ~// L~".,g E<-5T c; "~~;'#$ / 7e~.} '?h'o:fY CITY SECRETARY'S OFFICE Receipt Number I Amount 3 TELEPHONE NUMBER AREA CODE PHONE NUMBER; EXTENSON Date Processed (tf-II ) b~S-,-~l2-s Date imaged 4 REASON FOR FILING STATEMENT D CANDIDATE D ELECTED OFFICIAL (INDICATE OFFICE) (INDICATE OFFICE) D ZONING BOARD OF ADJUSTMENT (APPLICANT OR APPOINTEE) ~PLANNING AND ZONING COMMISSION (APPLICANT OR APPOINTEE) ~Y-c.-__ D TWO (2) BUSINESS DAYS FOLLOWING THE CLOSING OF FILING FOR ELECTIVE OFFICE OR APPOINTMENT D CHANGES TO BE FILED JANUARY 15TH D CHANGES TO BE FILED JULY 15TH D SUPPLEMENTAL CHANGES 5 Provide information for spouse and dependent children whose financial activity the filer had actual control over during this filing period. In addition, the source of annual income of the spouse shall be provided, as subject to federal election reporting requirements for a spouse: r1tRPOUSE C.v.nY/q.' ~ L ~#c=-~~{.) 't~r / D DEPENDENT CHILD 1 2 3 6 0 NO CHANGE. I do by here verify that there has been no changes since the previous filing of the Financial Disclosure and Business Conflict of Interest Forms. PLEASE SEE FORM 8 In parts 1-4 disclose your financial activity during the 12 months proceeding the date of filing. In part 5 disclose not only your own financial activity, but also that of your spouse and/or dependent child or children, if you had actual control over that person's financial activity. COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE:~ DATE: 0~J' City of Colleyville Financial Disclosure and Business Conflict of Interest Forms SOURCES OF OCCUPATIONAL INCOME Form 2 When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on FORM 1. 1 INFORMATION RELATES TO ~FILER D SPOUSE D DEPENDENT CHILD 2 NAME AND ADDRESS OF EMPLOYER I POSITION HELD EMPLOYMENT ,;:'A~~"f. U~~c+~e:,..Y ;S;,vlc:~ ~ EMPLOYED BY ANOTHER IJOI ~~ 4"tP'~r::J ~/. .h",V ~..A,~ F'/. .f5.:fC//.. ~ /./..#..:, I 7~Y"7 /I P- --/ d~~~-=- ~...M ~ ,.. A;;-'~ . NAT~flte.@4 Oee!;f,iTISfJ,' t.""M~",~~,l,l.)l.)n(".;.uu I r Vi:) I I IOI'V Ilt:LD D SELF EMPLOYED tJr:'ve~/~e....Y O',....c~~ ~~~~r-e 6t1;7~ c;..1S~-.-Y r -.. INFORMATION RELATES TO D FILER ~ SPOUSE D DEPENDENT CHILD NAME AND ADDRESS OF EMPLOYER I POSITION HELD EMPLOYMENT D EMPLOYED BY ANOTHER s/~-Y /II~_S c W~'- . NATURE OF OCCUPATION / NAME AND ADDRESS I POSITION HELD D SELF EMPLOYED INFORMATION RELATES TO D FILER D SPOUSE D DEPENDENT CHILD NAME AND ADDRESS OF EMPLOYER I POSITION HELD EMPLOYMENT D EMPLOYED BY ANOTHER NATURE OF OCCUPATION D SELF EMPLOYED COpy AND ATTAg:iApDITIONAL PAGES AS NECESSARY INITIAL HERE: ~ DATE: ;l.~ 5",t .J.- City of Colleyville Financial Disclosure and Business Conflict of Interest Forms INTERESTS IN REAL PROPERTY Form 3 Describe all beneficial interests in real property held or acquired by you, your spouse, or a dependent child during the calendar year within the area crosshatched on the map attached to Ordinance 02-1322. For more information see INSTRUCTION GUIDE When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on Form 1 . 1 HELD OR ACQUIRED BY G>>ILER o SPOUSE o DEPENDENT CHILD 2 DESCRIPTION Lot 1/7 City C-I/7"J/ e. Block (p - County ~V"~ Subdivision /J,gfl/~ #.,q Ad Valorum Tax Account Number r- OS-cO W If?' Acres and Tract ~~CY+I 3 STREET ADDRESS STREET ADDRESS, INCLUDING CITY, COUNTY, AND STATE r- 'Y"",3 ~,f----- #..4 /.-~, E.. y . D NOT APPLICABLE ~4""~v..i?,"" ~ T~",~)" 7'"" .rr- V ?-->'7 LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTITIES 4 NAME WHICH OWN AN INTEREST IN THE REAL PROPERTY ~ INDIVIDUAL Cj/~h~ ?A ~&w/ D BUSINESS HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD 2 DESCRIPTION Lot City Block County Subdivision Advalorum Tax Account Number Acres and Tract 3 STREET ADDRESS STREET ADDRESS, INCLUDING CITY, COUNTY. AND STATE o NOT APPLICABLE 4 NAME LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTITIES WHICH OWN AN INTEREST IN THE REAL PROPERTY D INDIVIDUAL o BUSINESS COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE:_~ DATE: ~~~~ City of Colleyville Financial Disclosure and Business Conflict of Interest Forms Gifts Form 4 Identify any person or organization that has given a gift worth more than $250 to you, or those under your financial control as defined in Ordinace 02-1322. Do not include: 1) expenditures required to be reported by a person required to be registered as a lobbyist under Government Code, Chapter 305, 2) political contributions reported as required by law, or 3) gifts given by a person related to the recipient within the second degree by consanguinity or affinity. When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on Form 1. 1 ~ILER o SPOUSE o DEPENDENT CHILD RECIPIENT 2 NAME AND ADDRESS DONOR Ai rft - ;t/d;Jr 3 DESCRIPTION OF GIFT RECIPIENT o FILER o SPOUSE o DEPENDENT CHILD NAME AND ADDRESS DONOR DESCRIPTION OF GIFT RECIPIENT o FILER o SPOUSE o DEPENDENT CHILD NAME AND ADDRESS DONOR DESCRIPTION OF GIFT COPY AND ATTAC~ITIONAL PAGES AS NECESSARY INITIALHERE:~ /~ DATE: .1p0J City of Colleyville Financial Disclosure and Business Conflict of Interest Forms BOARDS AND EXECUTIVE POSITIONS Form 5 This section is for information concerning executive positions and directorship held by you or those under your financial control. For more information see INSTRUCTION GUIDE When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on Form 1. 1 ~ILER D DEPENDENT CHILD POSITION HELD BY D SPOUSE 2 ORGANIZATION J) ADDRESS D NON PROFIT D CHARITABLE ASSOCIATION D BUSINESS ASSOCIATION / 3 POSITION HELD ;/k j1JJG I' T POSITION HELD BY D FILER D SPOUSE D DEPENDENT CHILD ORGANIZATION ADDRESS D NON PROFIT D CHARITABLE ASSOCIATION D BUSINESS ASSOCIATION POSITION HELD POSITION HELD BY o FILER D SPOUSE D DEPENDENT CHILD ORGANIZATION POSITION HELD COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: ~ DATE: ~~5 -...::.:7 - R . I D' I dB' C fret 1 I t t F Citv 01 Collewille man cia ISC osure an US mess on I o n eres orms BANKRUPTCIES Form 6 Individuals shall disclose any bankruptcy petition by or against the individual, their spouse, a business entity in which the individual owned a beneficial interest of 10% or more, or a business entity in which the individual was an officer or director of the business entity at the time of bankruptcy filing. For more information see INSTRUCTION GUIDE 1 TYPE OF BANKRUPTCY D PERSONAL D BUSINESS D N/A ~ONE NAME 2 CHAPTER D7 D 11 D13 3 IF CHAPTER 7 DID YOU RECEIVE A DYES DNO DISCHARGE 4 IF CHAPTER 11 OR 13 DID YOU COMPLETE DYES DNO A SUCCESSFUL REORGANIZATION Misdemeanor Involving Moral Turpitude and Felonies Individuals shall disclose any information which charges a misdemeanor involving moral turpitude, a felony indictment, conviction of a misdemeanor involving moral turpitude or conviction of a felony of the individual or of a business entity in which the individual had a 10% or more beneficial interest or where the individual was at the time of the filing or conviction an officer or director of the business entity. /' 1 NAME ,~~~~ Business or Entity Charged D BUSINESS 2 TYPE OF \U \ INDICTMENT or N INFORMATION 3 NATURE OF OFFENSE " DESCRIPTION 4 DISPOSITION OF INDICTMENT or INFORMATION COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: ~/" DATE: ~d.J ~ City of Colleyville Financial Disclosure and Business Conflict of Interest Forms INTERESTS IN PARTNERSHIPS, JOINT VENTURES, Form 7 OR OTHER BUSINESS ASSOCIATIONS Describe all interests in business entities held or acquired by you or those under your financial control as defined in Ordinance 02-1322. For an explanation of "beneficial interest" and other specific directions for completing this section, see INSTRUCTION GUIDE. When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on Form 1. 1 HELD OR ACQUIRED BY ~ FILER D SPOUSE D DEPENDENT CHILD /' 2 DESCRIPTION . .j t/ ""' ~"oo,," ~\ 3 NATURE OF BUSINESS ~v ~ HELD OR ACQUIRED BY D FILER D SPOUSE D DEPENDENT CHILD DESCRIPTION NAME AND ADDRESS NATURE OF BUSINESS HELD OR ACQUIRED BY D FILER D SPOUSE D DEPENDENT CHILD DESCRIPTION NAME AND ADDRESS NATURE OF BUSINESS COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY ~ .. INITIAL HERE: / /!) / DATE: ~S/~ l1/ f ( City of Colleyville Financial Disclosure and Business Conflict of Interest Forms PERSONAL FINANCIAL STATEMENT Form 8 AFFIDAVIT The Ordinance 02-1322 requires that the disclosures in the Financial Disclosure and Business Conflict of Interest Forms be verified. The verification page must have the signatures of the Financial Disclosure and Business Conflict of Interest Forms, as well as the signature and seal of a notary public. Without proper verification, the statement is not considered filed. Falsification of information is subject to criminal prosecution under state penal code. Before me, the undersigned authority, personally appeared VdB' I~ who, after being duly sworn upon their oath deposed and stated as follows: "My name is ~ V dr..F and thereby subm, for filing pursuantto Ordinance No. 0-02-1322 of the City of Colleyville, the attached Financial Disclosure and Business Conflict of Interest Forms. I have personal knowledge of all information contained in said forms and all information contained in the forms is true and correct." "Further, all of the information contained in the forms is complete. There is no information that has been withheld or not disclosed which is responsive to or required to be disclosed by the forms." Sworn to and subscribed before me, this the ;j day of 'fh()JL d~ ,2003. ;1!)~::::::"~.< 8ElENDIA MOORE g : ':.l MY cQMMlSSlON EXPIRES \:~.,-.....~.J December 07, 2006 "';~'~ll'\"" __ /;t&~ ~M/~ / Notary Public, State of Texas INITIAL HERE: 'f'-/" DATE: -- -rJ..3 nee liAR 1 7 2003 TexaS Application for Appointmen CITY SECRETARY'S OFFICE Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms {2} two business days after the application deadline as advertised in the Public Notice. These forms are available on the City's website at <htto:/Iwww.collevville.com/boards/aoolication.aso> or by contacting the City Secretary at 817.577.7575. ext. 203. Ms. ~. Name: 'f A 0 J4'1JiS ;e . (Last) (First) (MI) 6 ~ 0 '1 fYlClAJe.... Dove- CoI/e~v,//e. T,x 7603'1 / " Lf if d- - / if ~ G Work Telephone: ;).1'/ ? ,)1- ~ 0 s-t.- ;( {) th Address: Home Telephone: 8" 17 Email Address: , _ Fax: Board, Commission or Committee Appointment Desired: f /'1;')"/''''1 ~ 2"'1,,TJ 4,...,."~/O^,,, Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) .:I- h'1 .;e.... 0 ~ J.-o. (;M r5 C + -e ><Ie-, I ~ )e,J '" At:.... PJvv) JCA)eJ" Jne~r c fr ~ {'-Go K fA OiI.J h o;J.-I-- f4:- '-1 IV. /eJ sf. -/eJ . ~l~ ('~I e.:.A*- Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) -:::r::- erlJ;)7 ItV'NJ I,.} ~/1~1v,I/e- c1r/) wolAlJ ItkiL -Iv f'7,f,L'/~I!e- 11\ rev IbvI,w'j 1tJt&..-I-PrJ~ ~I'L ~~(e- J.~offll1~'IV+ To eN_~'II"e.. K,,-+- f~e e.t; yYlAt"'~''''~ l-k ~1'1~ a."1~/1~7 "{-/IVi'J -.S-M~JI!V~IJ. Do you understand that atte~e and active support is required for each appointee? _yes _no ~} Date: 3jJ/o 3 Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary P.O. Box 185, Colleyville, Texas 76034, Phone: 817.577.7575 Fax: 817,577,7555 City of Colleyville Financial Disclosure and Business Conflict of Interest Forms INFORMATION STATEMENT Form 1 1 NAME 2 ADDRESS 3 TELEPHONE NUMBER 4 REASON FOR FILING STATEMENT Filed in accordance with Ordinance 02-1322 For more information see INSTRUCTION GUIDE TOTAl NUMBER OF PAGES FILED: OFRCE USE ONLY Tm.E: FIRST: III -0 }'VI "\~ Acoount Nurri)er NICK NAME: LAST: SUFFIX ~ ~ Om. ReceMld A06E~r~rrv~rTE~ ~e- U Ii e.7 v I J Ie..) -r r MAR t 9 lIB jJ.'dtJf ("j~ 7b03Y R~_ _ AAEACOOE PHONE NUMBER; EXTENSION 0... P~ (~17) Lf~~-Il/rJ. 0... Imaged o CANDIDATE o ELECTED OFFICIAL o ZONING BOARD OF ADJUSTMENT (APPLICANT OR APPOINTEE) PLANNING AND ZONING COMMISSION (APPUCANT OR APPOINTEE) 1IJ/(.R,wt- ~ TWO (2) BUSINESS DAYS FOLLOWING THE CLOSING OF FILING FOR ELECTIVE OFFICE OR APPOINTMENT o CHANGES TO BE FILED JANUARY 15TH o CHANGES TO BE FILED JULY 15TH o SUPPLEMENTAL CHANGES (INDICATE OFFICE) (INDICATE OFFICE) 5 Provide information for spouse and dependent children whose financial activity the filer had actual control over during this filing period. In addition, the source of annual income of the spouse shall be provided, as subject to federal election reporting requirements for a spouse: }&.POUSE &, Ie e;.J fV7 . ~ K ~EPENDENT CHILD 1 V ~ON , L- ~ E, ;C:~ 2 -.::::rlw }'Yl'l-.\ t;. ~ ~ 3 6 0 NO CHANGE. I do by here verify that there has been no changes since the previous filing of the Financial Disclosure and Business Conflict of Interest Forms. PLEASE SEE FORM 8 In parts 1-4 disclose your financial activity during the 12 months proceeding the date of filing. In part 5 disclose not only your own financial activity, but also that of your spouse and/or dependent child or children. if you had actual control over that person's financial activity. INITIAL HERE: DATE: City 01 Colleyville Financial Disclosure and Business Conflict 01 Interest Forms SOURCES OF OCCUPATIONAL INCOME Form 2 When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on FORM 1. INFORMATION RELATES TO ~I T,LER D SPOUSE D DEPENDENT CHILD ~MPLOYED BY ANOTHER NAME AND ADDRESS OF EMPLOYER' POSITION HELD prt.1Je,Jt-I~1 ~er ~cv.r'ce~ ~'- ddO U ,eu;,S ~/ S/...II~l.f100 t:::: Dcdh'> I'X 7)~(J / 2 EMPLOYMENT D SELF EMPLOYED 1\ [ ERE Of OCCUP. ATION I NAME ~ND AODIlESS '. POSITION HELD f V H'C<:tcr "\ ~N'-(;.. flIJ.;e... ltSser Y.h""'''j C.y\ft'y, . I-e~pv".\'. ~k IL C\",., J"JI,~ f~.++II" 0+ fl'I..lhf-l/-'~ '()yt)~ki. -.rtv.o""h"j- --f4- v,l^-i+d s-h*-J- INFORMATION RELATES TO D FILER D SPOUSE D DEPENDENT CHILD NAME AND ADDRESS OF EMPLOYER' POSITION HELD EMPLOYMENT D EMPLOYED BY ANOTHER NATURE OF OCCUPATION I NAME AND ADDRESS 'POSITION HELD D SELF EMPLOYED INFORMATION RELATES TO D FILER D SPOUSE D DEPENDENT CHILD NAME AND ADDRESS OF EMPLOYER' POSITION HELD EMPLOYMENT D EMPLOYED BY ANOTHER NATURE Of OCCUPATION D SELF EMPLOYED COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY DATE: 3~-0) /.J?/ .d INITIAL HERE: C .J'l/~ City of Colleyvllle Financial DlscIosure and Business Conflict 01 Interest Forms INTERESTS IN REAL PROPERTY Form 3 hi'~ Describe all beneficial interests in real property hel6' or acquired by you, your spouse, or a dependent child during the calendar year within the area crosshatched on the map attached to Ordinance 02-1322. For more information see INSTRUCTION GUIDE When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on Form 1. 1 HELD OR ACQUIRED BY ~ILER o SPOUSE o DEPENDENT CHILD 2 DESCRIPTION lot City Block County Subdivision Ad Valorum Tax Account Number Acres and Tract 3 STREET ADDRESS STREET ADDRESS, INCLUDING CITY, COUNTY, AND STATE Ge, C(j !'v1 ~,.a e. \:)(, ,,~ o NOT APPLICABLE C.., lit yv-\\ \€ 1')( 70() 3~ LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTITIES 4 NAME WHICH OWN AN INTEREST IN THE REAL PROPERTY o INDIVIDUAL o BUSINESS HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD 2 DESCRIPTION lot City Block County Subdivision Advalorum Tax Account Number Acres and Tract 3 STREET ADDRESS STREET ADDRESS, INCLUDING CITY, COUNTY, AND STATE o NOT APPLICABLE 4 NAME LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTITIES o INDIVIDUAL WHICH aNN AN INTEREST IN THE REAL PROPERTY o BUSINESS COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: DATE: City of Colleyvtlle Financial Disclosure and Business Conflict of Interest Forms Gifts Form 4 , rJ ~J jJ~ Identify any person or organization that has given a gift worth more than $250 to you, or those under your financial control as defined in Ordinace 02-1322. Do not include: 1) expenditures required to be reported by a person required to be registered as a lobbyist under Government Code, Chapter 305, 2) political contributions reported as required by law, or 3) gifts given by a person related to the recipient within the second degree by consanguinity or affinity. When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on Form 1. 1 o FILER o SPOUSE o DEPENDENT CHILD RECIPIENT 2 NAME AND ADDRESS DONOR :3 DESCRIPTION OF GIFT RECIPIENT o FILER o SPOUSE o DEPENDENT CHILD NAME AND ADDRESS DONOR DESCRIPTION OF GIFT RECIPIENT o FILER o SPOUSE o DEPENDENT CHILD NAME AND ADDRESS DONOR DESCRIPTION OF GIFT COpy AND ATTACH ADDITIONAL PAGES AS NEC,ESS~RY INITIAL HERE: ~1-- DATE: 3/; 570J ---- City of Colleyville Financial Disclosure and Business Conflict of Interest Fonns BOARDS AND EXECUTIVE POSITIONS Form 5 ;VVv~ This section is for information concerning executive positions and directorship held by you or those under your financial control. For more information see INSTRUCTION GUIDE When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on Form 1. 1 o FILER o SPOUSE o DEPENDENT CHILD POSITION HELD BY 2 ORGANIZATION ADDRESS o NON PROFIT o CHARITABLE ASSOCIATION o BUSINESS ASSOCIATION 3 POSITION HELD POSITION HELD BY o FILER o SPOUSE o DEPENDENT CHILD ORGANIZATION ADDRESS 0 NON PROFIT o CHARITABLE ASSOCIATION o BUSINESS ASSOCIATION POSITION HELD POSITION HELD BY D FILER D SPOUSE D DEPENDENT CHILD ORGANIZATION POSITION HELD COPY AND ATTACH ADDITIONAL PAGES AS NEC~SSA..RY INITIAL HERE: ...... ~1-- DATE: 571~70 J '---' ... Financial Disclosure and Business Conflict of Interest Forms City of Collewille BANKRUPTCIES Form 6 __) 'D r-e-- , Individuals shall disclose any bankruptcy petition by or against the individual, their spouse, a business entity in which the individual owned a beneficial interest of 10% or more, or a business entity in which the individual was an officer or director of the business entity at the time of bankruptcy filing. For more information see INSTRUCTION GUIDE 1 TYPE OF BANKRUPTCY o PERSONAL o BUSINESS o N/A o NONE NAME 2 CHAPTER 07 0" 013 3 IF CHAPTER 7 DID YOU RECEIVE A DYES ONO DISCHARGE 4 IF CHAPTER 11 OR 13 DID YOU COMPLETE DYES ONO A SUCCESSFUL REORGANIZATION Misdemeanor Involving Moral Turpitude and Felonies /\/~ .,. Individuals shall disclose any information which charges a misdemeanor involving moral turpitude, a felony indictment, conviction of a misdemeanor involving moral turpitude or conviction of a felony of the individual or of a business entity in which the individual had a 10% or more beneficial interest or where the individual was at the time of the filing or conviction an officer or director of the business entity. 1 NAME Business or Entity Charged o PERSONAL o BUSINESS 2 TYPE OF INDICTMENT or INFORMATION 3 NATURE OF OFFENSE DESCRIPTION 4 DISPOSITION OF INDICTMENT or INFORMATION COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: ~/L DATE: 3#ffi3 ~ City of Colleyville Financial Disclosure and Business Conflict of Interest Forms INTERESTS IN PARTNERSHIPS, JOINT VENTURES, Form 7 OR OTHER BUSINESS ASSOCIATIONS ~J ~ Describe all interests in business entities held or acquired by you or those under your financial control as defined in Ordinance 02-1322. For an explanation of "beneficial interest" and other specific directions for completing this section, see INSTRUCTION GUIDE. When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on Form 1. 1 HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD 2 DESCRIPTION NAME AND ADDRESS 3 NATURE OF BUSINESS HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD DESCRIPTION NAME AND ADDRESS NATURE OF BUSINESS HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD DESCRIPTION NAME AND ADDRESS NATURE OF BUSINESS COPY AND AnACH ADDITIONAL PAGES AS NECESSARY _ A , / INITIAL HERE: ~?-.- DATE: 3//5/03 "--/ ' City of Colleyville Financial Disclosure and Business Conflict of Interest FOnTlS PERSONAL FINANCIAL STATEMENT Form 8 AFFIDAVIT The Ordinance 02-1322 requires that the disclosures in the Financial Disclosure and Business Conflict of Interest Forms be verified. The verification page must have the signatures of the Financial Disclosure and Business Conflict of Interest Forms, as well as the signature and seal of a notary public. Without proper vernication, the statement is not considered filed. Falsification of information is subject to criminal prosecution under state penal code. Before me, the undersigned authority, personally appeared ,--AOM'0 ^- ;e~ who, after being duly sworn upon their oath deposed and stated as follows: "My name is -TAo r14) ;e. !2. ~ and I hereby submit for filing pursuant to Ordinance No. 0-02-1322 of the City of Colleyville, the attached Financial Disclosure and Business Conflict of Interest Forms. I have personal knowledge of all information contained in said forms and all information contained in the forms is true and correct." "Further, all of the information contained in the forms is complete. There is no information that has been withheld or not disclosed which is responsive to or required to be disclosed by the forms." Affiant Sworn to and sU~ffinffln,j>efore me, this the ~,''Ii.\~~\p..NE Sll//!III~ -,,, \) ........ '''7Q ~ .:S0' ..:<:~'( PU8?,~~ ~~.~r:::,*0" ~ ~: ..~ - . . - = : : = - . . - :: . . :: ~...tP): ~.:i ~ -.. 4~OfP .- ~ ~ .', cXPIR't.'O,." # ~.I.: .....~ ~ "/1111 lo.Z2..~". ~,,~ "1111 If 111\1"'\' ~ J' { ( day of I ') , " J..'--I '.1'\ ,2003. I. , I I J..,. ',-- '-' .......-....... //-- {, ~, - /, \. ~ ... :' _ " _~ /1 ~ ,.4 I : .1' ,"t- / l-.// ,'" L'-.,-{___ l Ll .l.Cl-L 1/ Notary Public, State of Texas INITIAL HERE: 0~1--- DATE: city of TexaS nQrD)~~~~~~ \J\l MAR 1 7 2003 Application for Appoin mentCITY SJf~t~ARY'S Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms (2) two business days after the application deadline as advertised in the Public Notice. These forms are available on the City's website at <http://www.collevville.com/boards/application.asp> or by contacting the City Secretary at 817.577.7575, ext. 203. Ms. Mrs. Mr. Name: Address: Culley Bob (Last) (First) 4737 Lakewood Drive, Colleyville, TX 76034 (MI) Home Telephone: 817-656-2389 Email Address: Work Telephone: 817-581-5601 Fax: 817-247-8012 Board, Commission or Committee Appointment Desired: Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) Re-Applying for vacated position on Planning and Zoning Commission. Have served since 9/2001. Had to resign due to work issues - have fixed problem and wish to continue to serve. Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) I feel as though I have contributed to the common purpose and positive atmosphere of the P&Z Commission since joining in September of 2001. Do you understand that attendance and active support is required for each appointee? _X_ yes no Signature:_Electronic Date:_March 15, 2003 Bob Culley Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. This information will become a Public Record. City Secretary P.O. Box 185, CoJ/eyville, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555 RESOLUTION R-03-2123 A RESOLUTION APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION WHEREAS, one position has become vacant due to the resignation of one of the members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby appoints the following person to fill the unexpired term and serve until September 2003: AND IT IS SO RESOLVED, APPROVED THIS AYES, DAY OF NAYS, AND 2002, BY A VOTE OF ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL cc@n", AGENDA BRIEFING 1(.'.'\:;:15 MEETING DATE: 04/01/03 CITY MANAGER . t'} ITEM# : 14 DEPARTMENT HEAD :rc:tt RESOLUTION # : R-03-2124 FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a waiver of perimeter street improvement requirements on Lot 3R, Block 2, I Thompson Terraces, located at 5009 Thompson Terrace, Case P-02-045 Reading and Public Hearing Dr. Michael Richard is the owner of a lot located on the east side of Thompson Terrace, between Glade Road and Colleyville Boulevard. The owner submitted a minor plat of the property that created one non-residential lot for the construction of a medical office. The Planning and Zoning Commission approved the minor plat at the December 2, 2002 meeting. The owner is seeking a waiver of perimeter street improvement requirements for this property. Dr. Richard does not own any contiguous property, and a letter from the owner is attached that describes this request in further detail. The owner dedicated 1,350 square feet of right-of-way for Thompson Terrace on the plat. Thompson Terrace is identified for future widening on the Master Thoroughfare Plan, though no plans for improvement have been authorized. The future right-of-way for Thompson Terrace is 75 feet. Thompson Terrace is an asphalt street without curb or gutter. The future street would be constructed of concrete. The following tables show the pertinent data relative to this request. Perimeter Street Improvement Cost Estimate STREET FRONTAGE TOTAL ESTIMATE ACTUAL COST PER LINEAR FOOT Thompson Terrace 180.0 feet $ 24,295.50 $134.98 One of the responsibilities of a property owner when property is proposed for platting is to make improvements to adjacent streets if the streets are not presently constructed to City codes. Generally, streets are considered unimproved if the street is not concrete and does not have curb and gutter. Instead of improving the streets, the owner may escrow an equivalent amount of money with the City to meet this requirement. The escrow amount, which is based on the City's costs to construct a similar type of roadway, includes both construction and engineering design costs. Agenda Briefing Resolution R-03-2124 Page 2 of 2 Dr. Richard has 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 $24,295.50. 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 $24,295.50 with the City before building permits could be issued on the property. Recommendation Denial Attachments · Location Map · Letter from Applicant · Property Map · Resolution R-03-2124 fR 191D 1.11 tile 'fO /l ' f CO 1)" @; - 'Z9.~ I\. ?t ('I ~ \3. \3. S~~i06 TR 2M! 1.'8 At " 1 .R ,., 5. .... := >- OGE[\ ,. <., .... }(ll 5 .... CJ U .- III.II~ . 17 . , lA 4"1 : .158 .1 AC : I'C I , TR H 1.15 AC TR 3t .61 At I. 16 ~ f ~ ". ) t I 8._. 1) IbtCO ,; QL-SON P c< SUPV~4a ,. ",.It .I' 18 I I ( a...n,! I.J!!!!"' DT I I. 7.eQl. f'Jp.F.1< 'fEllr CE~ VD~_ p. .----:::"f) -. 1.'!I'I1I4 . _ 'Z1 ?^" ~ ,nl., ,. I. II 8 l~ ES I t\~OlA ~ss1 13 ,. S '" Cl 0>- 15 '" :~., :n ~. .. ., I\. Location Map CASE # P-02-045 - Amended Plat - Thompson Terraces March 5, 2003 . City of Colleyville 5400 Bransford Rd. P.O. Box 185 Colleyville, Texas 76034 RE: Richard property on Thompson Terrace I am a long time resident of Colleyville and the current owner of the property at 5009 Thompson Terrace. At considerable time and expense I have endeavored to develop this property to better meet the needs of my patients and keep my practice within the city of Colleyville. As I have 3000 active patients coming to my office from over 12 nearby cities, the development of this property will be convenient for my patients and greatly enhance the visibility of other small business in downtown Colleyville and the nearby Villages of Colleyville. I submitted a minor plat to the City of Colleyville to combine two lots into one in order to build a small professional office building, The Planning and Zoning committee approved the plat at the October 12,2002 meeting. After completing the platting process and donating the right of way to the City for future street improvements, I was surprised to find that I was still required to pay a $25,000 fee for additional improvements. As a solo practioner with a small medical practice, which requires over 80 hours per week of my time, this is a huge financial burden. Due to the increasing time and financial pressures of running a medical practice, had I known about this additional expense from the beginning, I probably would not have pursued the development of this property in Colleyville. I am concerned that further delay and additional expense may adversely impact my ability to meet the needs of my patients, therefore, I am requesting that the City Counsel grant a waiver of the perimeter street improvement requirement for this plat as allowed by the Land Development Code. S~erel1' .. 1/ ~ IRE(_:E 11 :D rllAR . 12003 ~ , f. c - - - \ I 'l flf COLLlfVIt I 'WI' iNIT OE'IF' ! ^;T J6nathan Richard, M.D. I '/:rl~,1 I I . I I I I. 60.08' I I I I~ I .. ;/. til w :1 '" I!! I z ---, ~I I w I () <( I a::: I a::: w ~ I Z , 0 (f) , CL I ~ - _ _ ---...J 0 I I I ~ I I , I /. I 60.04' I I --~24 I I I I I I j ~ f, I I I I I I I : ~"l:.-~~' , I ~:_------J--------j-------__________~_J : '/2- . I,., EAST_ _ +- _ _ _ ..!R2:ER~ _ _ _ _ .1.16.50 '/. in 109.00' 2" IRF - -----i--------.------------------l P.D.B. , T I , ,I I I' ~ ~I 1* II i 'Vl~ .~ CIJ ~ I ~ -, I Iii 1 ./ Ii' f I I ~ I : I ~ I! : ' i I I~ I ~ ~. I~ I ~ 1 : 1/ ii i So 01 !i. I ~,.. ',1 SLOT 3R O,-!,.LOTUN~. I~ ~: 1'1 I ,.~..,. "..", ~ ", I' I ! Iii I Ii: I ~I' I", I I ,L- - - . z I'" I I ~ I _ I 8 1 I I I Ig 1 I : 1- '/2- ,~j 1_ 109.00' .....l....:J .~O~ - +-- - - -PROPERTY u;;r-- - - - - WEST i I '/2- I~ I I : I I I I , I I I I I I ~T2 I I , I I I I I BLOCK 2 I THOMPSON TERRACES I I VOL. 388-11, PG. 81 , P.R.T.C.T. I I I I I I LOT 5 I I \. L ~ --I I I <~ ~i> i" .1> ~ :!: ~: ''i' ~ Ii }~ 37.50' RESOLUTION R-03-2124 A RESOLUTION APPROVING A WAIVER OF PERIMETER STREET IMPROVEMENT REQUIREMENTS FOR LOT 3R, BLOCK 2, THOMPSON TERRACES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the perimeter street improvement requirements for Lot 3R, Block 2, Thompson Terraces, are hereby waived. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF NAYS AND 2003. ABSTENTIONS ON AYES, ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL ccen", AGENDA BRIEFING lex.,:; MEETING DATE: 04/01/03 CITY MANAGER ' ~lJY ITEM # : 15 DEPARTMENT HEAD I ';1~~ RESOLUTION # : R-03-2125 FINANCE REVIEW I N,A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of th e Final Plat of Remington Park Addition Phase Four, 22.498 acres located between Remington Parkway and Lavaca Trail, Case P-03- 006 Reading and Public Hearing Foxcreek Residential Development and Don Jackson are the owners of 22.498 acres of land located at the east end of Lavaca Trail, west of Remington Parkway. The owners have submitted a Final Plat of the property for review and consideration by the Planning and Zoning Commission. The plat proposes 32 single family lots and 4 open space lots. Zoning. This property is zoned PUD-R, approved by Ordinance 0-97-1058 on January 21, 1997. The overall density of this phase of the development is 1.4 dwelling units per acre. The smallest lot is 13,700 square feet in area, with the largest lot at 46,048 square feet. Open Space. The PUD-R ordinance for this property requires that 20% of the total development be designated as open space. The four open space lots comprise 4.9 acres, or 21.75% of this phase of development. The homeowners association is responsible for the maintenance of the private open space areas and the associated detention ponds. The owner's surveyor has addressed all Development Review Committee comments. The Planning and Zoning Commission approved this Final Plat at the March 10, 2003 meeting by a unanimous vote. Recommendation Approval Attachments · Location map · Plat · Resolution R-03-2125 s- ~ " o LLJ ~- Q) tn ea ..c D- ---~ ~ I ~ S- ea D- c: o .... 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H .. ~" ~,,~ ~ ~ ~ ,lI I " i ~ ~i E~ ~ e ~ - 13 ~~ iij,' j ~~~ E' ~I!i s"1 S~ ~ I j "" ~f2~i~~ ~~~~ ~~~ ~~ ~ ~ rI6~~~i;;~:~~U;~~~;~'r~~~ ~I S!= ~z "~1ll0 ~ '" ~ mz - 3 ~ 12~<I~ ~ '" ~ I ~ ~ <..>~ ~; U ~ ~ ~ vj ~~ ~ ~ ~ ~B u ti ~ I ~ ; ~ ~ u ~ i E ~ ~~ i;i ~o~- · 'I ~ *~ 'i~ "_ 0 $';;~ ~. ~,~" ~~~:;'~ .~ :I~ ~ ;~:!!~ ~~ <3~ ~ ~~~r~~ ~~ .... ~O~".. . ~~. ~ .~.~~~ 91 ~,~: ~~~";B >. ,2~' ~."~~g ~" d.~ ~B ~*~~ ~l -' !l1.... ~lIJ .....-~ -iil~ ~~~ ~~ ~i:~l~ 'i~3 ~:~ .~ ;i~~~~ ~~~ ~g; ~; ~"~,,~ ~~~ " ~.. ,,~ ~~~~m ~al ~ .'< ~"< 'i"~ , . . 0 __ ~~: :i-~-~~ h ~~~BI'~ '~~'~~"~~-: O~:~9~ u!::- ~ ~I Z~'i~;1 !l:;:l; i i :!ij~ I _ ~ :I ~ <~ I 'l... --"" ~""~~, r. ~lIJL~ ----!....o; I n : '''''''OK B::-::- =J ~~~ ~ ,;~~ ~k ~ ;~i ~ ~:~ . ~". ~ -~~ : ~~~~ o ..,~ ~ i:~h ~ ~:~~ ~ ~ ~~~i w Z+OO; 3: - RESOLUTION R-03-2125 A RESOLUTION APPROVING THE FINAL PLAT OF REMINGTON PARK ADDITION PHASE FOUR NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the final plat of Remington Park Addition Phase Four is hereby approved. AND IT IS SO RESOLVED. Passed by a vote of day of ayes, 2003. nays and abstentions on this the ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL CCe<l> AGENDA BRIEFING Tc:tns MEETING DATE: 04/01/03 CITY MANAGER I /1 ./ .. 7--' ....- J l.._ I JJU ITEM # : 16 DEPARTMENT HEAD I RESOLUTION # : R-03-2126 FINANCE REVIEW! I Previous Action: None DEPARTMENT: ENGINEERING SUBJECT: Approval of City Hall and Library construction Change Orders 5 & 6 with Ratcliff Constructors, Inc., in the amount of $33,920 Reading and Public Hearing The Council approved a construction contract with Ratcliff Constructors, Inc., on February 26, 2002, for the construction of the Colleyville City Hall and Library in the amount of $7,940,908. The construction contract was awarded with a 10% construction contingency in the amount of $794,090. A "Notice to Proceed" was issued to the contractor on February 27, 2002. Construction started in early March 2002. The contractor has completed the site utilities, concrete parking lot, steel erection, roof decking and the electrical and plumbing rough-ins during the past several months. The construction of the tile roof is currently underway with completion scheduled for early January 2003. The building is scheduled for completion in late October 2003. The City Council approved Change Order 1 on June 18, 2002, in the amount of $302,751. Change Order 1 provided for additional off-site utility work, franchise conduit installation and underground utility installations. Additional waterlines, storm drainage pipe and sanitary sewer lines were provided to serve both the City Hall and Library project. The action also provided that Realty Capital Corporation reimburse the City approximately $105,000 for utility improvements, subject to the terms and conditions established by the City Council. On September 3, 2002, the City Council approved Change Order 2, which included modifications for the walkway pavers, emergency lighting, tree grates, ADA compliance, library stairway, technical services area window shades, light fixture selections, library intrusion detection system, plumbing and elevator revisions, library roof revisions, stone window headers, fountain finish-out and thermoplastic parking lot striping. On September 3,2002, the City Council approved Change Order 3, which included the Library enhancements for the finish-out of the second floor of the library. These enhancements included carpet, mechanical and duct work, HVAC boxes and diffusers, ceiling, paint, lights and toilets. Additionally, several other items were approved including the addition of the library drive-through canopy and a library security system. Agenda Briefing Resolution R-03-2126 Page 2 On December 17, 2002, the City Council approved Change Order 4, in the amount of $40,528.00, which included the addition of fire rated walls in four electrical rooms, the modification of the hardware on several doors, the repair of underground electrical at the baseball fields (due to conduit installation), the addition of builder's hardware on several metal and wooden doors, the addition of electrical systems related to the security system, the modification of the mortar joints on the exterior of both buildings, and the addition of concrete curb around the tree west of City Hall. Change Order 5, in the amount of $21,731.00, includes the modification of several Library elements including the sliding doors, exterior entrance threshold, the meeting room, and the rerouting of a drain line and ductwork at the second floor. The change order also includes the modification of the steel supports in the lobby and the addition of sealant on several of the windows at the City Hall. Change Order 6, in the amount of $12,189.00, includes the addition of two fire extinguishers, HVAC modifications, roof drain modifications, door modifications, plumbing modifications and the addition of bollards at the City Hall. These Change Orders will increase the contract amount to $8,914,279. Financial Impact The remaining construction contingency fund is $141,321. The funding of Change Orders 5 & 6 will be from this contingency construction fund and will leave a balance of $107,401 to complete the project. The funds are available in the Tax Increment Financing Bonds, 1999 G.O. Bonds Library and 2000 CEDC Bonds. Recommendation Approval Attachments . Change Orders 5 & 6 . Resolution R-03-2126 CHANGE ORDER BRINKLEY SARGENT ARCHITECTS Distribution: OWNER [2] ARCHITECT [2] CONTRACTOR ~ FIELD Cl OTHER c=J TO: Colleyville City Hall & Library 100 & 110 Main Street Colleyville, Texas 76034 Ratcliff Constructors, L. P. 11498 Luna Road, Suite 200 Dallas, Texas 75234 CHANGE ORDER NUMBER: 5 PROJECT: INITIATION DATE: March 12, 2003 PROJECT NO: 99059 February 27, 2002 CONTRACT FOR: General Construction CONTRACT DATE: You are directed to make the following changes in this Contract: Item 1. Remote keying for electrically operated aluminum sliding doors at Library lobby [2 pair-161 & 163]. $515.00 Item 2. Steel supports at lower lobby per RFI# 102. $13,138.00 Item 3. PR# 17, modifications to Library meeting room. $4,267.00 Item 4. PR# 20, modify threshold at library meeting room loggia door. $1,410.00 Item 5. RC 10C# 17, reroute drain line and ductwork at 2nd floor of Library. $2,079.00 Item 6. RC 10C# 20, Sealant at D & E windows. $322.00 Item 7. Weather related delays- 7 days for December and 2 days for February. 9 days Total $21,731.00 Not valid until signed by both the Owner and Architect Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original Contract Sum was .....................................................................................................................................................................$ Net change by previously authorized Change Orders..................................................................................................................................$ The Contract Sum prior to this Change Order was.......................................................................................................................................$ The Contract Sum will be increased by this Change Order..........................................................................................................................$ The new Contract Sum including this Change Order will be ........................................................................................................................$ The Contract Time will be increased by 9 days. The Date of Substantial Completion is October 30, 2003 7,940,908.00 939,451.00 8,880,359.00 21,731.00 8,902,090.00 Brinkley Sargent Architects, Inc. Ratcliff Constructors, L. P. City of Colleyville ARCHITECT CONTRACTOR OWNER 5000 Quorum Drive, Suite 123 11498 Luna Road, Suite 200 5400 Bransford Road Dallas, Texas 75254 Dallas, Texas 75234 Colleyville, Texas 76034 By: By: By: Harold E. Sargent Max Young Donna Arp, Mayor Date: Date: Date: CHANGE ORDER BRINKLEY SARGENT ARCHITECTS Distribution: OWNER [2] ARCHITECT [2] CONTRACTOR ~ FIELD Cl OTHER c=J PROJECT: Colleyville City Hall & Library 100 & 110 Main Street Colleyville, Texas 76034 Ratcliff Constructors, L. P. 11498 Luna Road, Suite 200 Dallas, Texas 75234 CHANGE ORDER NUMBER: 6 TO: INITIATION DATE: March 19, 2003 PROJECT NO: 99059 February 27,2002 CONTRACT FOR: General Construction CONTRACT DATE: You are directed to make the following changes in this Contract: Item 1. RC 10C# 16, miscellaneous items including; steel support at roof drains; added 2 fire extinguishers and cabinets; saw cutting HVAC and plumbing openings; additional bollards; door sidelight at Door 232A; and punched holes at angles. $6,750.00 Item 2. PR# 18, Item 2 [alternate]. $5,439.00 Total $12,189.00 Not valid until signed by both the Owner and Architect Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original Contract Sum was .....................................................................................................................................................................$ Net change by previously authorized Change Orders ..................................................................................................................................$ The Contract Sum prior to this Change Order was........................................................................................... ............................................$ The Contract Sum will be increased by this Change Order..........................................................................................................................$ The new Contract Sum including this Change Order will be ........................................................................................................................$ The Contract Time will be unchanged. The Date of Substantial Completion is October 30, 2003 7,940,908.00 961,182.00 8,902,090.00 12,189.00 8,914,279.00 Brinkley Sargent Architects, Inc. Ratcliff Constructors, L. P. City of Colleyville ARCHITECT CONTRACTOR OWNER 5000 Quorum Drive, Suite 123 11498 Luna Road, Suite 200 5400 Bransford Road Dallas, Texas 75254 Dallas, Texas 75234 Colleyville, Texas 76034 By: By: By: Harold E. Sargent Max Young Donna Arp, Mayor Date: Date: Date: RESOLUTION R-03-2126 A RESOLUTION AUTHORIZING THE APPROVAL OF CHANGE ORDERS 5 & 6 TO THE CONSTRUCTION CONTRACT FOR THE COLLEYVILLE CITY HALL AND LIBRARY WITH RATCLIFF CONSTRUCTORS, INC. WHEREAS, the construction contract with Ratcliff Constructors, Inc., was approved by Council on February 26, 2002; and WHEREAS, the Certificates of Obligation, Series B, 2002, were issued on February 19, 2002, to provide furniture, books, technology, equipment and finish-out of the second floor of the library; and WHEREAS, construction started in early March of 2002; and WHEREAS, Colleyville City Council approved Change Order 1 on June 18, 2002; and WHEREAS, Colleyville City Council approved Change Order 2 and 3 on September 3, 2002; and WHEREAS, Colleyville City Council approved Change Order 4 on December 17, 2002; and WHEREAS, additional modifications to the interior and exterior of both buildings are required to complete the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT $33,920 for the construction contract Change Order 5 & 6 with Ratcliff Constructors, Inc., for the Colleyville City Hall and Library, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS, AND 2003. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL ell)' or ~ CC~~~n@ AGENDA BRIEFING r('x~$ MEETING DATE: 04/01/03 CITY MANAGER , . ->~ 4..." ITEM # : 17 DEPARTMENT HEAD ! -",/ RESOLUTION # : R-03-2127 FINANCE REVIEW ! Previous Action: None DEPARTMENT: CITY MANAGER SUBJECT: Approval of an Agreement with David Hickman for the design/concept/specialized studio fabrication, copper maquette, transportation and installation of the Colleyville City Hall and Public Library sculpture, in the amount of $131,500 Reading and Public Hearing Since September 2002, the City has received donations and pledges toward the design/concept/specialized studio fabrication, copper maquette, transportation and installation of the Colleyville City Hall and Public Library sculpture. The estimated total cost for the project is $140,000. City staff has worked with Brinkley Sargent Architects, Mike Kendall Landscaping and David Hickman to prepare an Agreement with David Hickman for the design/concept/specialized studio fabrication, copper maquette, transportation and installation of the sculpture. City Attorney Ross Foster prepared the attached Agreement. On December 3, 2002, the City Council approved the funding allocation for the design, construction and installation of the Colleyville City Hall and Public Library sculpture, in the amount of $51,800, with funding being allocated from the balance of the City Hall and Public Library construction contingency fund. (See attached). As per the attached, the City has received a total of $75,200, as of March 26, 2003. On the basis of the Agreement with David Hickman for the design/concept/specialized studio fabrication, copper maquette, transportation and installation of the Colleyville City Hall and Public Library sculpture, an additional $13,000 will need to be authorized to provide monies for the Agreement with David Hickman and the bidding of materials for a total project cost of $140,000. Additionally, the City has a contract with Kendall Landscaping, Inc., in an amount of $3,000, to develop the materials, draft specifications and solicitation for the materials, review and approve the artist mockette, confirm cost estimates and provide administrative oversight for the installation of the sculpture with the fountain elements. Agenda Briefing Resolution R-03-2127 Page 2 of 2 Financial Impact The monies pledged, to date, in the amount of $144,200, exceed the cost of the design and construction of the City Hall and Public Library sculpture. The remaining funds of $4,200 will be used to provide funding for the contract with Mike Kendall Landscaping, Inc., and for the purchase of a contributor's plaque for individuals and businesses donating $3,000 or more. Any funds remaining after the purchase of the contributor's plaque will be donated to the Colleyville Public Library for additional enhancements. The funding sources for the design/concept/specialized studio fabrication, copper maquette, transportation and installation of the Colleyville City Hall and Public Library sculpture, in the amount of $13,000, is the construction fund balance. Upon receipt, donation monies will be allocated to reimburse the construction fund. Recommendation Approval Attachments . Resolution R-02-2068 . City Hall and Library Sculpture Donations . David Hickman Cost Estimate . Resolution R-03-2127 RESOLUTION R-02-2068 A RESOLUTION APPROVING OF FUNDING ALLOCATION FOR THE DESIGN, CONSTRUCTION AND INSTAllATION OF THE COlLEYVllLE CITY HALL AND PUBLIC UBRARY SCULPTURE WHEREAS, funding for the design. construction and installation of the City Hall and Public Library sculpture is being provided by private donations and pledges; and WHEREAS, the City Council desires to proceed with the design, construction and installation of the City Hall and Public Library sculpture; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COlLEYVILLE, TEXAS: Sec. 1. THAT the funding allocation for the design, construction and installation of the Colleyville City Hall and Library sculpture, in the amount of $51,800 from the construction fund contingency, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ~ AYES, ~ NAYS, AND 0 ABSTENTIONS ON THIS THE .J IUl( DAY OF ~ 2002 ATTEST: ~~V1f3~ Cynthia Singleton, TRMC City Secretary CITY OF COLLEYVILLE: rG!CLp Mayor 000000000000000000000000000000 000000000000000000000000000000 COOOOOOOOO~OO~OOOONOOOO~Oooom~~ OO~M~OMNMM~~~~M~MM~M~~~~MMMM~~~ ~~N~~~M~~~~ ~~ ~~~~~~~~~~~~~~ O:g~ ~~ I- 0 o 000000000000000000 E ggggggggg~gg~gggg~ ~~IDM~~MOMN~~~~~~M~~~~ C>_~~~~M~~~~ ~~ ~~~~~ 0'- C1l ~ :2~O ID 0: o ~ mN ~ 00 '<t .......N~ ~O Os:2 m o ~ ~N >, 0 - mo'<t N~ ID___ :JO Os:2 m o ~ '<tN >, 0 . mo'<t N~ ID___ :JO os:2 m ~ :J E- :J U (f) >, (a ..Ci :.::i "0 C C1l tii I ~ <:5 o ~ ~N ~g'<t u.JN~ ~O Os:2 m N >,0 mO N (1)--- :Jo os:2 N .- o o o M ~ o o o o o 0_ ~ ~ ~ o o o M ~ o o q, ~ ~ ~ ~ o o o 00 00 00 -r--ri ~~ 0 000 00 0 00 0 0 000 00 0 00 ~ q, o. o. o. 0.0_ ~ 0_ 0_ "- ~ (h~~ ~ ~ ~ ~~ ,..: ~ ~~ ~ ~~ ~ ~ 00 00 00 ~M ~~ o o q, ~ ~ .- .- ~~ 000 000 q,q,q, 00 00 q,q, o o ~- 00 00 00 .-~.- ~~~ ~ ~ ~~ ~ ~ o o o 000 000 Oo~ ~~.- ~~~ o o o M ~ ~ ~ o o o ~ 000 000 000 M -r-" ~ ~~~ 000 000 m~~ ~~~ en C1l X (1) I- ..c t o Z ~ :J t3 2 ~ ~ E E CID ~ ~ C n e C 2l .~ <{ E ~ ID~ 2 ~~ =gd =F ~_~ o m :s;: 5E :c~..s IDCiic ~~ ~'SC1l ()enW om OO~en~ m~ ID maen c2 mgg o~~_~~~C~~"O~~~~ ~~ 0 ~o~ ~ae~I'~~ en~_~~o~C""uID~c C1lcenen U()2~ ~E<{~~u~ 5..cO~"O~~C1licc:J~ ()..c~m~ (l)tii-en~ =(l)C1lE~~~ g~m"O~~~=S~C1lm...."O ~ID()..c ..c~~cc~~I-CEcc~ (f)C1lC1lC-ao:C1lC1l~O"O~C~"O~ ...._~OC1lc.......OCOC1lC1l O~()o<{~""oen~O"Oc"O~~j~~(l)"O~:J~()~~"O~8()E~I .... ID ()(l)~en_c....wc~o-'-~c~o~ _.......c - E (l)o~en~ ~~(l)wC1l(l)~ (l)....C1l~(f)~E:JenC1l........"O~tii E~u(l)cmo'~EE~tcm:2~OCE()~~..s~cg~~~~~ C1lC1l0~C1lW(l)(l)C1l00C1l~:J~C1l~~OQ)(l)C1l(l)(l)~~C1lCO(l)~ ZQ)()~I ~1-~1-Q)()Q)(f)~O:~~I-(f)O:O:II-~~:2~()~> o o "- ~ '<t ~ ~ o ~ C\J ai ~ o ~ N ai ~ o ~ "- ,..: ~ ~ o o ~ ~ ~ ~ o o N ~ "- ~ :2 ~ ~ ~ C\j M 0 0 ~ ~ .. m 0 ~ I- David B. Hickman 7434 Coronado Ave. Dallas, TX 75214 214.324.0381 dbhi ckman@sbcglobal.net November 11, 2002 REVISED February 11, 2003 W ALL FOUNTAIN SCULPTURE COLLEYVILLE CITY HALL QUOTATION Budget: Design/Concept/Specialized Studio Fabrication, Copper Maquette, Transportation, and Installation. Total $131,500 NOTE: This quote no longer contains the cost for purchase and delivery of 800 linear feet of 31/8" diameter and .109 wall type K hard copper tubing. Today's quote from McMurray Metals for this quantity was $10.00/ft. I would use $12/ft. as a budget number. Original quote was based on price quoted late 2001 of $15/ft. David B. Hickman Sculptor RESOLUTION R-03-2127 A RESOLUTION APPROVING AN AGREEMENT WITH DAVID HICKMAN FOR THE DESIGN/CONCEPT/SPECIALIZED STUDIO FABRICATION, COPPER MAQUETTE, TRANSPORTATION AND INSTALLATION OF THE COLLEYVILLE CITY HALL AND PUBLIC LIBRARY SCULPTURE WHEREAS, funding for the design, construction and installation of the City Hall and Public Library sculpture is being provided by private donations and pledges; and WHEREAS, the City Council desires to proceed with the design, construction and installation of the City Hall and Public Library sculpture; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Agreement with David Hickman for the design/concept/specialized studio fabrication, copper maquette, transportation and installation of the Colleyville City Hall and Public Library sculpture, in the amount of $131,500, Exhibit "A"; and Sec. 2. THAT an additional funding allocation for the design/concept/specialized studio fabrication, copper maquette, transportation and installation of the Colleyville City Hall and Library sculpture, in the amount of $13,000 from the construction fund contingency, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS, AND 2003. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor EXHIBIT "A" SCULPTURE AGREEMENT THIS AGREEMENT is entered into on the day of , 2003, by and between the CITY OF COLLEYVILLE, ("City"), and DAVID HICKMAN, ("Sculptor"); WHEREAS, the City is desirous of obtaining a fountain sculpture for the City Hall/Library Project; and WHEREAS, through a selection process the City has identified David Hickman as the Sculptor of the sculpture; and NOW, UPON THE MUTUAL COVENTANTS, conditions and promises the parties hereby agree as follows: Maquette 1.1. The Sculptor shall construct a maquette of his proposed design for the fountain. The maquette shall be constructed of copper on a scale of one-inch equals one foot. The maquette will be generally in the form attached hereto as Exhibit "A." 1 .2 The maquette will be presented to the City for review. Upon approval by the City staff of the maquette, the Sculptor shall be paid $3,500.00. Fountain 2.1 The approved maquette, together with any other modifications specified by the City staff upon approval, shall be the design of the fountain. 2.2 The Sculptor shall prepare a bill of materials for the construction of the fountain. In addition to the bill of materials the Sculptor shall communicate to the City staff his fee for construction of the fountain, the fee for transportation, and the fee for erection of the fountain on site. 2.3 In the event the total fees of the Sculptor for construction, transportation and erection of the fountain are less than $128,000, the Sculptor shall proceed to construct the fountain, transport it and install it as directed by City staff. 2.4 The Sculptor shall construct the fountain in accordance with the design in a good, workmanlike manner, free from defects. The Sculptor shall use the materials provided by the City in the construction of the fountain. EXECUTED on the date first shown above written. CITY OF COLLEYVI LLE BY: Donna Arp, Mayor SCULPTOR David Hickman CITY COUNCIL cilYor (Q~(1l AGENDA BRIEFING 1"~,:>: ;:\$ MEETING DATE: 04/01/03 CITY MANAGER i .1771 ITEM # : 18 DEPARTMENT HEAD i~ ORDINANCE # : 0-02-1341 FINANCE REVIEW i N.A. Previous Action: Tabled DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval to amend Ordinance 0-96-1052 PUD-R (Planned Unit Development-Residential), requested by Doug Henderson for Statepark Colleyville, Ltd., for Spring Garden Addition, located at the northeast corner of Cheek Sparger Road and Jackson Road, Case Z-02-012 Update - 04/01/03 The City Council directed staff to place this item on the April 1 , 2003 agenda. Staff notified the residents within Spring Garden and the adjacent property owners that the request would be placed on the agenda. Update - 08/07/02 The City Council tabled this item on June 4, 2002, at the request of the applicant. The applicant requested that the item remain tabled until the developer was ready to bring the request up for consideration. Staff received a letter from the developer on July 15, 2002, requesting that the City Council consider the request. A copy of the letter is attached. Staff notified the residents within Spring Garden and the adjacent property owners that the request will be placed on the August 7, 2002 City Council agenda. The developer submitted a revised exhibit. The following is a summary of the changes. 1. The width of the new lots was increased from 45 feet to 53 and 57 feet. 2. The number of lots in Block B was reduced from 14 to 12. 3. Common space areas are now shown on Blocks A and B. Block A provides 2,695 square feet of open space and Block B provides 7,338 square feet of open space. All previous agenda materials are included with this briefing. Agenda Briefing Ordinance 0-02-1341 Page 2 of 3 Second Reading and Public Hearing First Reading and Public Hearing Backqround In December 1996, the City Council approved Ordinance 0-96-1052, which created a Planned Unit Development (PUD) for a 45-unit townhouse development located at the northeast corner of Jackson Road and Cheek Sparger Road. To date, the development is approximately forty percent built out. There are four primary structures on the site, which contain fourteen dwelling units. Each dwelling unit is situated on its own platted lot. Doug Henderson, representing the property owner Statepark Colleyville Ltd., is requesting an amendment to the PUD ordinance to incorporate a provision which will allow the developer the option of constructing either single family attached or detached dwelling units on the remaining vacant lots in the development. The proposed ordinance includes a provision to allow the optional housing types, provided that any detached dwelling unit is situated on a lot with a minimum lot width of 45 feet. A provision has also been placed in the proposed ordinance to require 3-foot side yard setbacks on any detached dwelling units. Since some of the lots in the development are currently platted with a lot width of 36 feet, it will be necessary for the developer to replat portions of the subdivision in order to obtain the requested lot width of 45 feet. Additionally, a provision has been placed in the ordinance to require rear entry garages on the lots situated adjacent to Cheek Sparger Road in Block A. Staff mailed out sixteen (16) notices to property owners having property within 200 feet of the development. Several property owners have submitted a letter objecting to the rezoning revision and copies of the letters are attached. The zoning exhibit has been reviewed by the Development Review Committee and meets all of the requirements of the City for a zoning exhibit. During the review of this zoning proposal, staff discussed the implications of mixing townhouse style structures with traditional single family detached structures. Based on the history of this development and its original design intent, it is staff's opinion that allowing single family detached structures in the development would damage the integrity of the original development. The detached structures would provide very narrow side yards, and the visual impact from the street of the narrow structure would be inconsistent with the existing developed lots. Therefore, staff has recommended denial of the request. The Planning and Zoning Commission conducted a public hearing on this item on March 25, 2002. The Commission tabled the item and directed the application to meet with the residents of Spring Garden to discuss their concerns that were brought out at the meeting. The applicant met with the residents of the subdivision on March 30 and April 7 to discuss the proposal and the list of concerns of the residents. The Planning and Zoning Commission considered the item again on April 11, and recommended approval of the request subject to the following conditions: Agenda Briefing Ordinance 0-02-1341 Page 3 of 3 1. The minimum square footage for single family dwellings shall be 2,300 square feet. 2. The architectural standards for the new buildings will be the same as the existing standards. 3. Evergreen screening shall be provided along the Cheek Sparger Road side wherever there is wrought iron fencing. 4. The developer shall provide and plant the evergreens before the issuance of any new building permits. Recommendation Denial Attachments . Location Map . Letter from Applicant . List of Property Owners Notified · Correspondence . Ordinance 0-02-1341 Location Map ,. Vl~lI' 1fl~ .. .. M3II . , I , t..... .., . . ~ ~ '" . ''I I li4M lIICl p{>.p.'l. 1lI .21 11{>.(j~ 10' tiER ,.In I ;1 ~ m ';l .. II 07/15/2002 10:25 8175725227 DOUG HENDERSON PAGE 02 Doug Henderson and Associates 3602 Lake Champlain Arlington, TX 76016 Phone 817-729-7006 Fax: 817~72-6227 July 15, 2002 The Honorable Donna Arp, Mayor And Members of the City Council City of Colleyville 5400 Bransford Colleyville, TX 76034 Dear Mayor Arp and Members of the Council: This letter is a request for your continued thoughtful consideration of the Revised Site Plan of Spring Garden Addition (Z-02-012) at your next regular meeting on August 6, 2002. As you have requested, we have continued to discuss this plan with the existing homeowners. As a result, the site plan has been revised to meet their concerns. By reducing the number of lots further and inserting dedicated open spaca to coincide with current common use areas, we have arrived at a cluster plan more in line with existing development. We are certain you will find this new plan to your liking. Sincerely, ,,// ~ Doug Henderson, AICP Development Consultant rn@rnow~Jrl} .II. I 5 am i Ii) I CITY OF COLLEVVILLE I @y. COMMUNITY DEVElOPMENT ~J Attachment to Application for pun Site Plan Amendment Spring Garden Addition, Colleyville, Texas March 1, 2002 Statement of Planning Objectives Spring Garden Addition was developed in 1997. It was seen as an alternative solution for home buyers desiring higher quality housing standards without the typical maintenance headaches that come with a large yard. After numerous discussions in neighborhood, P&Z and City Council meetings, the community overwhelmingly embraced the concept with some significant conditions. 1. The lots had to be fee simple lots, allowing only one dwelling unit per lot. 2. High quality architectural standards of appearance were simultaneously attached to the adopting ordinance and recorded with the deed restrictions. It was very important to all concerned that this would not be an apartment community. Since the early success with the existing town homes in Spring Garden, the market has changed, and there is less desire for attached single family living. There is still a segment of the up-scale market desiring smaller lots, but the dwelling style of choice tends toward detached designs. The applicant would like to offer detached garden homes to this changing market. In order to do that and maintain a consistent design throughout the neighborhood, it is necessary to reduce the total lot count by 2, with one lot being removed from Block A and one from Block B. This will allow for an increase in lot width on the remaining lots which will be developed as garden homes following the same architectural standards as the town homes. The current PUD does not specifically prohibit detached dwellings, nor does it specifically allow them. This proposal would clarify that issue. At the same time, the applicant has included notes on the Amended Site Plan to clarify the drive access configurations for each block. Development Schedule Spring Garden's infrastructure is in place and will not be physically impacted by this change. Some new homes will be built as soon after the PUD is approved. Statement of Proposed Ownership The property will continue to be owned by Statepark Colleyville, L TD while offering lots to prospective home buyers. Statement of Utilities to be Provided Spring Garden's infrastructure is in place and will not be physically impacted by this change. Economic Development Information (NA-Residential Zoning) Traffic Impact Analysis (At build out, the project will generate about 410 trips per day.) Hallie McKethan 2501 Cheek Sparger Road Bedford, IX 76021 Diane & C WaychoffWanger 3920 Jackson Road Colleyville, IX 76034 Michael D & Carolyn Evans 2502 Kensignton Place Colleyville, IX 76034 David J & Gail E Wheaton 3979 Witten Drive Colleyville, IX 76034 Bill & Mary Robertson 3961 Holiday Drive Colleyville, IX 76034 Isham Mike & Cherre Kimbell 3986 Witten Drive Colleyville, IX 76034 Statepark Colleyville, Ltd. Ihe Counter Companies, Inc. 2912 N. MacArthur Blvd, Ste 107 Irving, IX 75062 David J & Gail E Wheaton 3979 Witten Drive Colleyville, TX 76034 ComlJlimentGlY Notice to: Kathy Hoshi Hills of Central Park HOA 3903 Buckingham Place Colleyville, TX 76034 Edmund Anderson P.O. Box 239 Bedford, IX 76095 David S and Dana J Bell 3916 Jackson Road Colleyville, IX 76034 Gregory & Susanne Foreman P.O. Box 308 Colleyville, IX 76034 Edmund & Gail Anderson 1901 Central Drive, Suite 820 Bedford, IX 76021 Robert G & Phyllis Hassett 2500 Kensington Place Colleyville, IX 76034 Kenneth & Mary Cornelius 2501 Kensington Place Colleyville, IX 76034 Dewey J & Ethel C Bertram 125 King Nichols Road Scroggins, IX 75480 Harold R & Judy A Hickman 3975 Witten Drive Colleyville, IX 76034 Norman J & Olivia Mattson 3967 Holiday Drive Colleyville, IX 76034 William W & Sandra Wilson 3982 Witten Drive Colleyville, IX 76034 Dewey & Carol Bertram 3977 Witten Drive Colleyville, IX 76034 Henry Del Castillo 3980 Witten Drive Colleyville, IX 76034 Doug Henderson & Associates 3602 Lake Champlain Arlington, IX 76016 Dewey J & Ethel C Bertram 3977 Witten Drive Colleyville, IX 76034 Big Holdings LLC 2525 State Highway 360 Euless, IX 76039 John Searfoss 3965 Holiday Drive Colleyville, IX 76034 Case Z-02-012 (Notices dated: March 25, 2003) I certify that the parties listed above have been notified that the case will be considered by the City Council of the City of Colleyville at the 04/01/03 meeting. Jan Levy Planning & Zoning Assistant March 18, 2002 Mr. Clayton Husband Development Coordinator City of Colleyville 5400 Bransford Park P.O. 185 Colleyville, TX 76034 EC'EIVED" ~n 5 :U!l . ----.:. " CITY OF COllEYVllLE ~ BY COMMUN~TY DEVELOPMENl Dear Mr. Husband; We are residents of Spring Garden Townhomes. Unfortunately, we are out of state and will not be able to attend the public hearing of the Planning and Zoning Board to be held at the City Hall on March 25,2002. However, we want to provide an input to this hearing. We understand this public hearing will address a proposed replat of the Plat of Spring Garden to go away from the current planned townhome community to include some traditional detached housing. Under Article IX, Section 9.02, of Ordinance 0-96-1052, we are affected Owners and thus have the right to a joinder and consent to any replat or amendments to the Plat. We are disappointed that Statepark Colleyville, LTD., did not discuss their plans for this proposed replat of the Plat of Spring Garden Townhomes with the homeowners prior to requesting a public hearing. Spring Garden Townhomes has never lived up to the planning objectives originally proposed by the developer. These include extensively landscaped grounds, a walking trail for moderate aerobic activity in a controlled access setting, and a sculpture garden featuring a commissioned piece of art. Ordinance 0-96-1052 proposed a development finish date of early 2000. Instead, only 14 units of the originally proposed 45-unit townhouse development have been completed. No new townhomes have been started in over a year and because ofa lengthy litigation between Statepark Colleyville, LTD. and the original builder, the development does not have the promised amenities and is in general need of repair. Under the Covenants, Conditions and Restrictions for Spring Garden Villas, a Property Owners Association was to be formed. To our knowledge, Articles of Incorporation have been filed to formally register the Association with the State of Texas. However, we do not know if the Association has yet been approved and we must keep in mind that there have been residents living in Spring Garden for several years. Spring Garden should be an attractive and quality addition to the City of Colleyville. That is what we expected when we purchased our townhouse. Because we do not know any of the details of the proposed replat of the Plat, we are obviously very concerned about the potential impact to our personal property value and quality of life. Will the developer remain Statepark Colleyville, LTD.? Who will be the builder of the detached housing? What will be the size and price range of these homes? If a new developer buys Spring Garden, will he be obligated to fix the many existing problem areas to include the following: l.Repair the brick wall on the east side ofthe Development 2. Sand blast the rust and repaint the wrought iron fence and gates 3.Remove the dead trees and replace all of the trees that have died inside the Development and along the outside perimeter wall 4.Repair the rock walls 5.Repair the sidewalk leading to the pool 6.Bring the swimming pool up to standard to include refinishing the bottom of the pool 7.Install attractive street signs throughout the Development. We would hope that all concerns would in some way be shared with the officials of the Planning and Zoning Board before or during the public hearing on 25 March. Respectfully, ~~,c:LJ1J~oU David 1. Wheaton ,) I j ~ / j 1 ;;~' ~ ~"~iLi!.L.)/ca ( LL!JiP cli~}y<.-/ Gail E. Wheaton 3979 Witten Dr. Colleyville, TX 76034 Mr. J. Clayton Husband, AlCP Development Coordinator Planning and Zoning Commission City ofColleyville P.O. Box 185 Colleyville, TX 76034 :..~ -E.-c-Elv ED~ I MAR 2 ~~ol CITY OF COLLEYVILLE" BY COMMUNITY DEVELOPMENT March 20, 2002 Dear Mr. Husband: My wife and I own a townhome in Spring Garden. The development is unique and has enormous potential. Unfortunately, we will be away on March 25 and would appreciate your making this letter available to the appropriate people who are involved with the Developer's request to replat Spring Garden. When we purchased our property we were told the community would consist of forty one similar structures. We are concerned about any zoning change to Spring Garden which might adversely affect our investment. We respectfully request any decision to change Spring Garden zoning be postponed for reasons below. The initial zoning change from Agricultural to PUD for Spring Garden included several documents in the Ordinance as part ofthe record. One ofthese documents is the Declaration of Covenants, Conditions and Restrictions. We believe the developer has failed to fulfill one of its commitments to the City ofColleyville and to homeowners in Spring Garden. The attached copy of Article IX, paragraph 9.02 ofthe CCR's, which was obtained from the Colleyville Planning Department, provides ".. . Declarant shall have the right... upon the joinder and consent ofthe appropriate county and/or municipal authorities, and with the joinder and consent of the directly affected homeowners to file a replat...Owners shall not unreasonably withhold or delay enjoinder...". Implicit in this language is the requirement ofthe developer to communicate with homeowners before submitting a replat request for Spring Garden. To date there has been no communication from the developer with homeowners. How can a homeowner fulfill its responsibility under this language without information from the developer as to many of its intentions, i.e. number of single family units, compatibility of design and construction with existing structures, prices, open space utilization etc.? How can the City make a fully informed decision under this language without owner input? Our view is that the city should make no decision on March 25, or at least postpone a decision, until these communications have transpired. Your letter to homeowners indicates the developer is seeking a change in zoning due to changes in market forces. We disagree with this thought and believe it is a "red herring" justification for requesting the change. In our view, the major problem of selling the townhomes rests with the developer's dismal marketing and sales strategy and weak project management. The following are examples of items which have affected this development's success: long periods of construction inactivity, change in builders, construction debris left of property for extended time periods, dead tree removal inside and outside Spring Garden with no replacements, decaying fence and wall structures on East boundary line, much deferred maintenance, etc. These create impressions ofa project in fmancial difficulty. Couple this with prospective clients knocking on homeowner doors for information about the property and how to contact the part time sales personnel and you have some reasons why sales have been slow. These situations affect how some buyers might view the property rather than the lack of success being attributable to shifting market considerations. They certainly do nothing to enhance the great potential which exists for this unique townhome development. We thank you for your consideration ofthis information and our request to table any decision until there are communications between the developer and homeowners. Sincerely, ,;k-.... J. J~-tC~ CJ ':vYLiJ.L.-;.J Norman D, Mattson Olivia J. Mattson Attach: Paragraph 9.02 of Article IX in Ordinance # 0-06-1052 Cc: Spring Garden Homeowners f)-q{,- (0' Z q t9~ It;, the Board shall have the' 'fie: EO ~iorce compliance with ~d ru' .f1~ ~u1a~ons by all appropriate legal and cq~....Jlc remedies. and an Owner dctemUJ1cd ~.. Judu:lal acaon to have violated said rules and regulaJions shall be liable EO the Association for all d2mages and costs. mcluding re:lSOnable attOmCy's fees. incum:d by the As.sociation in connection the..~Nith. ARTICLE IX USE OF PROPERTIES Ai.~ LOTS; PROTECTIVE COVENANTS The Properties aDd each Lo[ situated thereon shall be constrUcted. developed. xeconsttUcted, repain:d, occupiJ:d and used as follows: '.01 Re5i~-"h1 Purposes. Each Lot (including land and improvemena) shall be used and occupiaf for sin&le family n:side:ttial purposes. Except as h~ provided, DO Owner or other occupant sball use or occupy such Owner's Lot, or permit the same 01" any part thereof to be used or occupU:d, for my purpose other than as a private single D.mily detaChed residence for the Owner or such Qwner's tenantS and d1ei.r fap'ilies and doDU:Stic se:vana employed on the: premises. N~adiDl anydUng contained herein to the: contrary. Owners or t&:naDts of dwellings that actUaD.y occupy such dwcDinl may use such dwelling for limited business purposes con.sistent with nales and rqulations promuIpted by Declar.mt or the: Board.. In DO event sball sud11imi~ bnan--.: use unreasonably in~ with the quiet =ioymCDt of d1e other Owners of the: resid~ c:onstructm on their Lots or involve the sale: of ioads or merchaDdisc to the public. In addition, consultuion with climtS or custOmers at a residence cotISI:It1Cted on a Lot shall be per:mitIed only between 9:00 a.m. and S:OO p.m. on reguIar working days (excluding weckeDds and holidays). 'The use of a dwelling CDnsauc::ed on a Lot for the maintenance of a personal or professional libmy; for the: keeping of personal. business or professional records of aa:owus; or for the handling of personal or professional b:lephonc calls or correspondence sba11 DOl be deemed to be a violation of these restric::ions. In addition, so long as Declarant owns any Lot whic.i is for sale, DccIarant and ia employees, representatives and agents may maintain business. leasing and/or sales offices, sale models and other sales facilities within the Ptoperties as Declarant shall dec."11 appropriate. 9.02 l\Ifininlftnl Lot Area. Each Lot shall conClin at least fifteen hundred (1.500) squa.re fee_ No Lot shall be resubdivided; provided, however', tbat Decl.aI3nt shall have and reserves the right, at any time, or from time EO time, upon the joind= and consent of the appropriate county and/or munic:ipa1 authorities, and with the joinder and consent of the directly' affected Owners, to file a replat of the Plal: to effect a rcsubdivision or L1:CQnfiguration. of anv Lots then owned by Declarant, so long as, . such replat results in e::u:h resubdivided LOt containing not less than die minimum lot size prescribed by the mning ordinances of the City of Colleyvi11e. Texas. Ownea shall aot unreasonably withhold or de!ay their joinder in or consent to the replat or amendments to the Plat. The privilege EO repJat Lots owned by the Declarant reserved in d1is Section 9.02 shall be exercisable only by Declannt. 9.03 t\lRnUnuwn Floor Space. All tloor areas refcrcna:d befow (unless otherwise indicated) are for air-condilioned floor areas, exclusive of porches, pr.lgcs, or breezeways aaad1ed to die main dwelliDg. Eac.'1 dwelling constructed on any Lot in the subdivision shall contain a minimum of two thousand (2,000) square fcct, of which not less than one: thousand (1,000) square feet (mclusive of floor area within garages) shall be cove:ed ground floor area. 19 . D:'..f!l.a\GU1!HU(M1'ATI!PIIC DeL AH~c.~~nt 3 . --...------~.._---~. - --...._~----~-~--- PaQe 1 of 2 From: Skip & Olivia Mattson To: The Counter Companies Date: 04/01/20025:00:26 PM Subject: Summary of Saturday's Meeting Michael, below is the summary you requested of last Saturday's meeting with homeowners. It highlights the key areas as Henry DeCastillo and I recall them. We believe it was your intent to relay the information to Mr. Green. It was our understanding of your comments that Counter Companies operates independendy from the Developer of Spring Garden and that you could not make commitments on behalf of the Developer. Nonetheless, it was helpful for us to gain some insight into the contemplated changes for Spring Garden and the time you spent with the homeowners was much appreciated. As you became aware, homeowner concerns fell largely into the two areas below: a. Concerns about the Developer's plans and preservation of current homeowners' investment. b. Action to correct long standing deferred maintenance problems. It is safe to say all homeowners share the same objective as the Developer, i. e. the successful build out of Spring Garden. To help realize this common objective we ask the Developer to commit to the following actions in writing prior to the next meeting of the Colleyville Planning and Zoning Commission: a. Time from lot purchase to start of construction not to exceed 3 months. b. Minimum of 2500 square feet of livable area. c. Architectural control for new structures to be retained by the Developer consistency and compatibility with existing townhomes. to ensure d. Homeowner representation in architectural review process. e. Plan for correcting deferred maintenance. Michael, we would also welcome the opportunity to meet with the Developer before the next Planning and Zoning meeting. Copies of this email will be given to all homeowners so if you have questions please feel free to contact any of us. Again, thanks for meeting with us on Saturday. Henry DeCastillo and Skip Mattson EarthLink: It's your Internet. d?cc 5-);.o2~ May 13,2002 Mayor Donna Arp 4607 Cresthaven Colleyville, Texas 76034 Attachment A: PUD Ordinance 0-96-1052 Concept Landscape Summary Attachment B: Developer Deficiencies for Landscape and other Deferred Issues Dear Mayor Arp: We are residents ofthe Spring Garden Townhouse Development, which is in the northeast comer ofthe intersection of Cheek Sparger Road and Jackson Road. In December 1966, PUD Ordinance 0-96-1052 authorized the Developer, Statepark Colleyville, LTD., to proceed with the construction of 45 up-scale townhouses with a projected completion date of early 2000. To date, only 14 townhouse units have been completed and the development suffers from Developer neglect. From the perspective ofthe City of Colleyville, this delay has caused a loss in tax revenue. Statepark Colleyville, LTD., has requested an amendment to the ordinance to allow for the option of constructing either single family attached or detached units on the remaining undeveloped lots. It is understood that this request will be discussed at the meeting of the City Council on 21 May. Under Article IX, Section 9.02, ofPUD Ordinance 0-96-1052, we are affected Owners and thus have the right to a joinder and consent to any replat of the Plat. This change, if approved, will significantly alter the character ofthe development. The Statepark Colleyville, LTD., request first went before the Colleyville Planning and Zoning Commission on March 25,2002. Before this meeting, Statepark Colleyville, LTD., had made no attempt to communicate the proposed changes to the Spring Garden residents. After receiving inputs from a representative of the Developer and several residents, the request was tabled by the P&Z and the applicant was directed to meet with the homeowners. Mr. David Green, the Spring Garden Developer/property owner, met with some ofthe residents on 7 April. Unfortunately, specific details of the proposed changes and the resulting potential impact to the homeowner's property value and quality of life were not adequately addressed. In addition, Mr. Green would make no written commitments to solve the existing development deficiencies. The Developer indicated that his interest was in selling individual lots to builders but that he would maintain architectural control and he agreed that a homeowner would be involved in the architectural review process of any new construction. A second meeting with the Planning and Zoning Commission was held on April 8, 2002, and it is understood that the request will be forwarded to the City Council with a favorable recommendation and with caveats to include: 1. A minimum square footage oflivable space of the detached dwellings of2,300 sq. ft. 2. The architectural building standards will be the same as those contained in the original approval ofPUD Ordinance 0-96-1052. 3. An evergreen hedge is to be planted along the Cheek Sparger boundary wall at one time and not piecemeal. In addition, discussions concluded that any detached units would not include duplexes. The residents of Spring Garden are heavily invested in the development. We want it to succeed and to be an attractive addition to the City of Colleyville. A new townhouse unit has not been started in over a year. The Developer says the market and economy have changed. It is of interest that at the same time, Southlake is considering an up-scale townhouse development adjacent to its City Center. Those of us that live here feel that the lack of success in Spring Garden is primarily due to a dismal marketing and sales strategy, weak project management, and the Developer deficiencies and long-deferred maintenance at the project. Initial landscaping for the project did not comply with the landscape plan approved by the Council in Ordinance 0-96-1052. Conditions are now worse because trees and shrubs have died, been removed and not replaced, or have stood dead for several years. Major drainage problems exist. No street signs have been installed. The east boundary wall and fence need repair and/or replacement. We would like to see Spring Garden completed with the quality townhouses promoted by the Developer when we purchased our homes. However, we will support the proposed changes to the Ordinance but would appreciate it if a City Council approval would address our concerns to include: 1. The currently occupied townhouses have a livable space of approximately 2,800 square feet plus an attached two-car garage. The average sales price exceeded $300,000. To protect our property value it would be appreciated if any detached units were of comparable size and value. 2. Statepark Colleyville, LTD., has not yet fulfilled landscape plan obligations under Ordinance 0-96-1052. It is requested that these obligations be satisfied prior to a revised Ordinance approval. 3. The residents are concerned that the vacant lots will be sold to individual builders, who have no interest or obligation to fix existing developer deficiencies and other deferred issues (Attachments A and B provide details), and then the Developer will disappear leaving the residents with and expensive burden. Therefore, it is requested that any City Council approval include the caveat that the Developer post a bond or fund an escrow account in the amount of at least $50,000. Thank you for your consideration. Dewey and Carol Bertram 3977 Witten Dr. Henry Decastillo 3980 Witten Dr. Harold and Judy Hickman 3975 Witten Dr. Mike and Chere Kimbell 3986 Witten Dr. Skip and Olivia Mattson 3967 Holiday Dr. Bill and Mary Roberson 3961 Holiday Dr. David and Gail Wheaton 3979 Witten Dr. William and Sandy Wilson 3982 Witten Dr. ~~ AblVe~1 rJ~~. 1~ a.~~ ~ A.J. ~Ifl p4~ ~ J7ic(~~ :Jr~cJ(~ ~d/ C ~ ATTACHMENT A: CONCEPT lANDSCAPE SUMMARY SITE PERIMETER 1. Cheek Sparger ROW - 0.72 acre open space Berms: 20' - 40' tong - 2' - 4' high Trees: 20 each minimum -~" - 6- caliper Live Oak, Cedar 8m and/or Sweet Gum Planting: 50 each minimum - 5 gallon - Buford Holly 20 each minimum - 20 gallon - Crepe Myrt\e grass/ground cover Solid Masonry Wall w/Signage 2. Jackson Road Trees: 30 each minimum - same as above Planting: same as above Masonry & Wrought Iron Wall w/Signage 3. Site Entry Trees: Specimen Multi-Trunk Uve Oaks Extensive Landscaping Ornamental Masonry Enhancement Site Signage 4. Site Interior ----~ Trees: 31\ caliper @ 30' spacing along east perimeter minimum 200. - 3" caliper or larger extensive grass, ground cover & shrubs for foundation front, side. rear yard and common open space Planting: ATTACHMENT B: DEVELOPER DEFICIENCIES FOR LANDSCAPE AND OTHER DEFERRED ISSUES AREA BORDERING CHEEK SPARGER ROAD As indicated in Attachment A, the area outside ofthe masonry and wrought iron wall of the Spring Garden Development was to contain 20 trees ofa minimum of3 - 6 inch caliper. Currently, there are only 9 living trees in this area. Additional trees were initially planted but have died as a result of Developer neglect and were pulled out or are dead and still standing. These trees died early in the development phase and were not replaced. The Ordinance also listed 50 Buford Holy shrubs of a 5 gallon minimum size and 20 Crepe Myrtle shrubs of a 20 gallon minimum size. None of these shrubs were ever planted. The Ordinance calls for a solid masonry wall. A combination solid brick wall interspersed with wrought iron was constructed. The wall at the intersection of Cheek Sparger and Jackson Roads has two built-in spaces for signage; however, signage has never been installed. AREA BORDERING JACKSON ROAD The Ordinace calls for 30 trees of a minimum of 3 - 6 inch caliper. Currently there are only 21 living trees in this area. Additional trees were initially planted, but have died due to Developer neglect and were pulled out or are dead and still standing. The Ordinance also called for the same number of Buford Holly and Crepe Myrtle shrubs as on the Cheek Sparger Road boundary. None ofthese shrubs were ever planted. SITE ENTRY The Ordinance calls for specimen multi-trunk live oaks. The largest specimen live oak was planted in a landscaped area in the center of the site entry. This tree died in 2000 and was cut down and never replaced. A picture is not available. SITE INTERIOR The sales representative for Statepark Colleyville, LTD., indicated that extensive landscaping, walking trails and a sculpture garden would complement the townhome development. Many of the trees that were planted have died and some dead trees are still standing. The other items were never completed. Extensive rock retaining walls were built; however, due to poor construction, some ofthe walls are in disrepair. A community swimming pool was constructed. Pictures of this are not available. Due to a lack of management attention, the bottom of the pool is badly stained and needs to be refinished. The water line to fill the pool is plugged with plaster or cement and has not been repaired. There is no way to keep the pool filled automatically and residents have to drag a hose from a private residence to fill it. The heating unit may be inoperable. DRAINAGE There are extensive drainage problems throughout the development. During heavy rains, flooding occurs between the retaining walls and the townhome units on Holiday Drive. This water is sufficiently deep that at times it flows over the patios ofthe residents. Inadequate grading around some retaining walls leaves pools of stagnant water. The lack of good drainage causes continual standing water at the entry to the development and down Jackson Road to the intersection with Cheek Sparger Road. EAST BOUNDARY The east boundary of Spring Garden includes a wood fence of one neighbor and a brick wall of another neighbor. The wood fence is literally falling down. The brick wall is in a very bad state of disrepair. ~ . . 3977 Witten Colleyville, TX 76034 July 26, 2001 Jan Levy Planning and Zoning Assistant P.O. Box 185 Colleyville, TX 76034 Dear MS. Levy, We are unable to attend the meeting Tuesday August 6,@7:30PM regarding the amendment for the Spring Garden Addition. As residents of Spring Garden we would like to express our desire for this development to move forward and be compleded. The delay of building is doing nothing to enhance our neighborhood or city. Thank you for your time and attention to this matter. Dewey and Carol Bertram (817) 283-6789 . /'1 J ~ (.! Cutt.~f lJflJi7l;;;iG II n I aJ I I iBy" ~@~~w~ r JUl 2 9 2002 ~. U ,) L.:J CITY OF COLLEYVILLE 'I' COMMUNITY DEVELOPMENT ~ Page 1 of2 Clayton Husband _~_""""""__~_~""_""""""",_,,,__~"""""",,,",,,",_____~._""""''''__',^.,._~.,.,,,,,,,_w,,,,",,,__''''''_'~W''''''""~,_~w,,,,,_,~,~__,,^,~w,,^,__,_,,,w,,.w,,,,,",ww""'__'__"'~~"""'''~.,...''''''''~''''~~~''''_''^'''''''''''''''_w''''''''''''''''''______,_'''".,.,..,___..-..__ From: David Wheaton [djwheaton@taosnet.com] Sent: Monday, February 17, 2003 1.29 pm To: Clayton Husband Subject: Spring Garden Dear Mr. Husband, It is my understanding that a representative from Statepark Colleyville, L TD, has requested ANOTHER delay in the meeting with the Colleyville City Council to resolve the proposed amendment to PUD #0- 96-1052 concerning the development of Spring Garden Townhouses. I am strongly opposed to this as in my opinion it is just another in a line of delay tactics by Statepark. Statepark has totally ignored the Council's direction to expeditiously resolve the issues at Spring Garden with the residents. This proposed amendment has been in work for well over a year and Statepark management did not meet with the residents at any time in 2002. In the meantime, the situation at Spring Garden has continued to deteriorate: 1. Statepark has done nothing to fix the developer deficiencies and other deferred maintenance problems that have been discussed in detail in two, past Council meetings. 2. Statepark went through a lawsuit filed by the original builder at Spring Garden and Statepark lost. No new building activity has taken place in the development in well over a year. 3. A realtor hired by Statepark was having success in selling some of the completed town homes but quit because he could not get direction from Statepark. There is currently no apparent attempt being made to sell the existing, unoccupied town homes. 4. The most recent builder employed by Statepark notified the residents on 19 August, 2002, that he was "no longer involved in any transactions dealing with Spring Garden". It is also understood that this builder has a lien against Spring Garden. 5. The residents have been informed by the property management company that handles Spring Garden for Statepark, that Statepark is months behind in payments toward the maintenance fees required in accordance with PUD #0-96-1052 and the associated covenants. Because of the lack of payments, the maintenance and landscaping company has quit. As you may recall, Statepark retains control ofthe Homeowners Association at this time and therefore, the residents have little recourse in this matter. Because of the cumulative effect of all of the items listed above, it is estimated that each of the existing Spring Garden home owners have lost approximately $50,000 in property value. The really sad thing is that we do not have any idea of what the future might be for Spring Garden. Statepark has had an offer from at least one other developer to buy the remaining lots and finish the development with quality town homes. Statepark turned down this offer. The residents are currently considering legal action against Statepark. You can be assured that the majority of the residents will not support Statepark's proposed amendment to the PUD as the amendment currently exists. It is unlikely that the existing significant issues can be resolved by April. It is suggested that the only rational approach is to remove Statepark's request from 3/25/2003 Page 1 of2 Clayton Husband ""'~"""""'''''''''''~'-'''"_~'^-''''_''''''~_''''''''''''~'''''''''''''''''''-'_'''''''''''"'''''''''''M''''''''''''''''''''''''''_'''''''''^''''''_,,""~_"''''''''''''''''''''''''''^~~_'''''''''''''''-'--''' From: Skip & Olivia Mattson [mattsntx@earthlink.net] Sent: Monday, March 03, 20037.29 pm To: Clayton Husband Subject: FW: Spring Garden Townhomes - Colleyville Clayton, I am sorry but I forgot to include you in the "To" group. I think you know most of the items...the big one is asking Council to enforce landscaping stipulations approved in the original PUD Ordinance plus any other code violations before all the money disappears. Cordially, Skip. ----- Original Message ----- From: Skip & Olivia Mattson To: Ginny Tigue;Richard Newton;Rich Hendler;Brad Sent: 03/03/2003 1 :55:53 PM Subject: Spring Garden Townhomes - Colleyville [3111 Undley;Mayor Donna Arp I apologize for using email but it is the fastest way to communicate infonnation to all who may be involved in the decision process relative to Spring Garden residents' problems with its developer. Home owners have just learned that our developer, Statepark Colleyville, (David Green et al), has put Spring garden in the hands of a broker(s) for divestiture along with any other property interests Mr. Green may have elsewhere in the Dallas area. I believe you are aware that the developer has made not contribution to maintenance of the property since November 2002. Further, their homeowner fees have not been paid to the HOA since November. (The developer has total control of the HOA...no residents are on the board) The developer was at least three months delinquent in payments to the landscaper as of last November and ceased payments in Feb 03 to the property manager he hired. Also, in November 2002 Statepark Colleyville, (Mr. Green et al) filed an appeal of an Arbitrator's adverse final judgement of over $1 million. Contrary to what Mr. Henderson represented in his last letter to the City, the developer has had no communications with home owners nor, I believe, with the city. Putting all this information into perspective, it seems Mr. Green has very little interest in Spring Garden's future except to sell it. He seems quite content to let it deteriorate further which raises at least two problems. First, we appreciate your move to table the Spring Garden zoning request from the Council's agenda without prejudice which is scheduled for 1 April. Considering everything above why not move the action to the second Council meeting in March? The second, and perhaps more important concern, is financial. What should be done about the developer's long standing refusal to comply with stipulated landscaping requirements of ordinance PUD 0-96-1052? The initial plantings were deficient to the requirements and are in worse shape today through neglect, plus other code violations may exist. Owners feel the developer is planning to cut and run and do nothing in the interim for Spring garden. Certainly his behavior to date reflects that concern. Considering this a real possibility we urge the Council to aggressively undertake enforcement action to bring Spring Garden into compliance with the zoning ordinance and with any other existing code violation. It seems the timing is right to do this now. Not to do it would send an unwanted message to other developers and builders. Please contact me or any Spring Garden owner if further information would be helpful as you consider appropriate action to take. Sincerely, Skip Mattson For Spring Garden homeowners. 3/25/2003 Page 2 of2 the Council's agenda. Notify Statepark that they may reapply through the P & Z for an amendment to PUD #0-96-1052 but ONLY AFTER all of the issues have been worked out with the residents of Spring Garden. Thank you for your consideration. Sincerely, David J. Wheaton 3979 Witten Dr. Colleyville 3/25/2003 ORDINANCE 0-02-1341 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, AS AMENDED, BY AMENDING ORDINANCE 0-96-1052; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning district change was filed by Doug Henderson, representing Statepark Colleyville Ltd., on March 4, 2002, under Case Number Z-02-012; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Spring Garden Addition, by amending the special conditions for Ordinance 0-96-1052 to add the following conditions: F. One (1) single family dwelling unit may be constructed on each platted lot in this Planned Unit Development. Said dwelling unit may be either attached or detached, provided that any detached dwelling shall only be allowed on a lot having a minimum width of 53 feet. Dwelling units that are not attached shall have a side yard setback of not less than three (3) feet. G. Dwelling units in Block A shall be designed for rear-entry drive access. Dwelling units on all other blocks shall be designed for front- entry drive access. H. For all new residences constructed after June 4,2002, the minimum dwelling unit size shall be two thousand three hundred (2,300) square feet. Ordinance 0-02-1341 Page 2 of 2 I. Evergreen screening shall be provided adjacent to the fence on Cheek Sparger Road in those areas where wrought iron fencing is in place. The evergreen screening shall be planted before the issuance of any new building permits in the subdivision. Sec. 2. THAT Ordinance 0-99-1141 shall remain in effect except where amended by this ordinance. Sec. 3. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the 2002. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney CITY COUNCIL cae", ""l':\~s AGENDA BRIEFING MEETING DATE: I 04/01/03 CITY MANAGER I ~ ITEM # : I 19 DEPARTMENT HEAD I ORDINANCE # : i 0-03-1390 FINANCE REVIEW I Previous Action: Tabled 02/18/03 DEPARTMENT: OFFICE OF CITY MANAGER SUBJECT: Approval to rescind Ordinance 0-93-915 and exempt a portion of the market value of resident homesteads of persons sixty-five years of age or older and disabled persons from ad-valorem taxes, rendered after the passage of this ordinance Update 04/01/03 At the time the ordinance was tabled, Council requested that City staff organize a Town Hall meeting for senior citizens, to review options regarding an exemption for senior citizens and other issues related to senior citizens. Announcements were sent to the 761 addressed which currently have the over 65 property tax exemption and to any other senior participants in City sponsored programs. The meeting was held on March 22, 2003 and was attended by approximately 130 attendees. From the input received at the meeting, Council requested that the tabled Ordinance 0-03-1390 increasing the over 65 property tax exemption be placed on the agenda for reconsideration. Second Reading and Public Hearing During the February 2, 2003 City Council meeting a couple of items were requested by the City Council. Staff was unable to determine a consistent correlation for an average water usage by value of house for customers over age 65 in a random sampling. From the test sampling, it would appear that this group uses a monthly average of 14,730 gallons of water over an annual basis. Comparing this to an overall customer base average, the Over 65 group uses approximately 3,300 gallons less water per month. From 1997 to 2002, the number of property owners over age 65 claiming the property tax exemption has increased by an average of 8.8% each year. Projecting then to 2010, using the same growth rate of exemption qualifications, there would be potentially 1,494 accounts receiving the exemption. First Reading and Public Hearing The Over 65 exemption was increased to $45,000 in 1993 with the adoption of 0-93-915. Any increase in the exemption would have to be implemented prior to July 1 to be effective in the current calendar year tax cycle. Between January 1 and April 30, the Tarrant Appraisal District processes applications for tax exemptions. By September, the City Council sets the Agenda Briefing Ord inance 0-03-1390 Page 2 of 2 succeeding years tax rate. Tax collections begin October 1 and tax payments are due by January 1. Financial Impact The current $45,000 exemption results in a taxable loss of $117,452 in revenue to the City. The City Council may want to evaluate the loss in revenues from any increase in exemptions. To keep this review "apples to apples", staff recalculated the Effective Tax Rate schedule for FY2003 assuming the $60,000 exemption would have become effective for this budget year. By increasing the exemption to $60,000 on the 761 accounts, there would be a value loss of $11,415,000 and a revenue loss of $39,641. Attachments . Senior citizen exemption ballot summary . City Manager's letter to Senior Forum attendees . City Council memo dated January 30,2003 . Over 65 water usage . Ordinance 0-03-1390 Senior Citizen Exemption Ballot Summary 89 Total Ballots 81 Property Tax 12 Utility Billing 8 Either Property Tax or Utility Billing 2 No Tax Exemption * Respondents provided multiple survey responses Summary of comments 5 Need More Businesses in Colleyville for average citizens Send out tax freeze web sites 3 Support HB 86 Use seniors to mentor school children Increase the exemption 3 Why not do both? Seniors need more help. Grandfather those having lived here from early days. Future seniors will not need exemption 11 Use the old City Hall for a Senior Center 2 Need street lights Seniors will pay increased tax rate if necessary 2 Need sidewalks along Glade for the Hwy 26 shoppers 2 Freeze taxes similar to school taxes with only COLA as seen with Social Security 6 Need new larger Senior Center Why is the Director of Senior activities so young? Expand the computer lab Use seniors to staff new senior center 2 I appreciate the opportunity to have a voice Why do we pay for recycling when the City gets money off the recyclables? 2 Fix the streets in TARA. No utility bill reduction. No utility funds used for other programs. 4 Prefer having streets, water and sewer upgraded Place unused poice cars in places where they can be seen instead of at the station What are the K-Mart and Payless buildings to be used for? Daytime programs for seniors as many do not go out after dark Cheers for Lisa 2 $50,000 exemption is good $60,000 would be better 4 Discontinue $6 drainage fee There should be single exemptions The exemption reduction is so small my taxes still went up 2 Increase exemption to $75,000 Property tax relief provides greater benefits to seniors Build a gym with a track and exercise machines. Everyone could use it Texas March 26, 2003 Mr. Jim Moore 1416 Glade Road Colleyville, TX 76034 Dear Mr. Moore: Thank you for attending the Seniors Forum on March 22, 2003. We had almost 90 participants, making the discussion very successful for everyone. We enjoyed the opportunity to provide information on a number of projects and services for your benefit. Enclosed is a summary of the input we received from those in attendance. It appears that the opinion is to increase the current property tax exemption. During the April 1 and 15 City Council meetings, Council will discuss an ordinance in consideration of the $60,000 exemption. We also received input on some additional services for the City to consider, from use of the current City Hall to enhanced police services. Also, several of you commented that the meeting was very informative and helpful and mentioned having this type of meeting on an annual basis. Each of these ideas will be fully evaluated in order to continue improving services provided to you. Again, thank you for taking the time to attend the forum, and please feel free to contact me at 817-577-7575, extension 202, if you have any questions. Sincerely, Bill Lindley City Manager Attachment . Summary of March 22, 2003 comments cc: Mayor and City Council P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 MEMORANDUM Office of City Manager TO: FROM: SUBJECT: DATE: Mayor and City Council Bill Lindley Over 65 Property Tax Exemption January 30, 2003 Councilmembers Newton and Hendler requested an agenda item for City Council consideration of an adjustment to the current $45,000 Over 65 Property Tax Exemption. As a follow up to this request, Mr. Newton asked for analysis of a $15,000 increase to the current exemption level. The intent for this exemption level was to be comparable with the City of Grapevine exemption rate. Discussion for possible adjustment to the Over 65 exemption is scheduled for the February 4, 2003 City Council. As a courtesy, staff will notify Mr. Ed Hardesty of the meeting since this discussion is a follow-up to his request to the City Council for consideration of increasing the exemption. Colleyville's property tax revenues provide a higher percent of total available revenue compared to surrounding cities. Table 1 shows the percent of property tax collections to all revenues for our peer cities for the FY 2003 budget. Table1 CITY PROPERTY TAX REVENUE $5,229,686 $6,197,339 $5,733,646 $7,089,863 $7,207,000 $6,542,130 $8,988,724 $10,054,954 $7,263,715 ALL REVENUES $22,390,563 $12,210,959 $20,603,835 $38,396,484 $25,988,000 $16,805,970 $31,544,400 $19,066,190 $24,970,777 PERCENT 23.4% 50.80/0 27,8% 18.5% 27.7% 38.9% 28.5% 52.7% 31.1% The Property Tax Code allows for a taxing entity to provide various property exemptions. Of the several available, one is for property owners who are over the age of 65. This property tax exemption is referred to generally as the Over 65 exemption. A governing body levies the exemption at any level (tens, hundreds, or thousands of dollar increments). The concept of providing this exemption is a philosophy that this group of property owners may have fixed incomes and also may not utilize all city services. During the last several years, property owner interest groups have promoted a statewide-mandated Over 65 exemption to the Legislature. On a local level, there is an interest by the Senior Northeast Leadership for area cities to have comparable exemption levels. The Over 65 exemption was increased to $45,000 in 1993 with the adoption of 0-93-915. Any increase in the exemption would have to be implemented prior to July 1 to be effective in the current calendar year tax cycle. Between January 1 and April 30, the Tarrant Appraisal District processes applications for tax exemptions. By September, the City Council sets the succeeding years tax rate. Tax collections begin October 1 and tax payments are due by January 1. There are 761 homes this year receiving the $45,000 exemption. Table 2 shows that 14.5% of owners with the exemption have a house valued below $100,000. However, those owning a house between $100,000 to $399,000, account for 78%. The average home value of an Over 65 exemption is $213,324. Applying an additional $15,000 exemption against the $0.3474 mill rate yields a savings of $52.11 to a property owner. Table 2 Table 2 does not add up to the 761 accounts since 3 of the accounts are split for individual Trust purposes. Table 3 provides a comparison of the tax billing to a similar valued property with the Over 65 exemption adjustment. The higher the base value of a house the less impact a property exemption has is seen in this table. Table 3 $ 34.74 $ 69.80 $ 104.22 $ 191.07 $ 364.77 $ 451.62 $ 538.47 $ 717.17 $ 885.87 $1,059.57 $1,233.27 $0.00 $0.00 $69.48 $121.59 $295.29 $382.14 $468.99 $642.69 $816.39 $990.09 $1,163.79 Establishing property tax rates and associated exemptions is a public policy determination of how to pay for services and to what level those costs are shifted within a property value matrix. When considering tax policy issues, it is helpful to look at area cities in considering tax rate and property exemptions. Interestingly, Colleyville's tax rate is the lowest of the seven peer cities and the Over 65 exemption level is 17% below the average of $53,036. Table 4 City Tax Rate Exemption Euless Hurst NRH Keller Colleyville Bedford Grapevine Southlake Average Range $0.497254 $0.499000 $0.570000 $0.438000 $0.347400 $0.384051 $0.366000 $0.462000 $0.459472 $0.204000 $30,000 $35,000 $35,000 $40,000 $45,000 $50,000 $60,000 $75,000 $53,036* $45,000* * NOTE: Excludes Coffeyvilfe Over the years, Colleyville has developed into a residentially based city. Table 5 shows the distribution of property value for the surrounding cities. Colleyville is non-traditional in its concentration of homes as a percent of all property values. This has lead to reliance over the years of protecting home values to minimize reductions in the tax base. Table 5 Total Other Res. Real Personal As% Res. Comm. In dust. Prop. Properly Total of Cit Value Value Value Value Value Value Value Bedford $1,665 $455 $5 $2,912 $256 $2,998 55.5% Colleyville $2,066 $143 $0 $306 $83 $2,598 79.5% Euless $980 $308 $7 $1,386 $429 $3,111 31.5% Grapevine $1,848 $1 , 198 $14 $2,916 $2,324 $8,298 22.3% Hurst $1,181 $509 $6 $382 $297 $2,375 49.7% Keller $1.880 $163 $3 $395 $99 $2,540 74.0% NRH $1,880 $617 $30 $625 $328 $3,479 54.0% South lake $2,518 $519 $6 $780 $241 $4,064 62.0% Avera e* $1,752 $489 $9 $925 $568 $3,838 49.9% * NOTE - Excluding Colleyville Values in millions Past annual operating budgets for Colleyville have been based principally on anticipated revenues generated from the property tax. Property tax revenue for the FY 2003 Budget accounts for nearly 80% of available revenues for Colleyville. The area cities average percent of property tax revenue to all revenues is just under 50%. This variance creates a need for policy discussion by the City Council as it considers potential reductions in the revenues from the core source of operational funding. The current $45,000 exemption results in a taxable loss of $117,452 in revenue to the City. The City Council may want to evaluate the loss in revenues from any increase in exemptions. To keep this review "apples to apples", staff recalculated the Effective Tax Rate schedule for FY 2003 assuming the $60,000 exemption would have been effective for this budget year. By increasing the exemption to $60,000 on the 761 accounts, there would be a value loss of $11,415,000 and a revenue loss of $39,641. Tables 6 reflect the impact of an increase in the exemption. Table 6.1 Comparison of current tax rate to exemption level Property T ax Rate o & M tax rate I & S tax rate Total tax rate Over 65 Exemption Total $45,000 _.___________!-evy $0.272230 $6,434,796 $0.075170 $1.776.820 $0.347400 $8,211,615 Over 65 Exemption $60,000 $0.271865 $0.075535 $0.347400 Total LevL $6,395,135 $1,776.825 $8,171,959 Variance (Lost Tax Revenue) $(39,661) $ 5 $(39,654) Table 6.2 Tax rate needed to recover lost value Over 65 Over 65 Variance Property Exemption Total Exemption Total (Lost Tax Tax Rate $45,000 Levy $60,000 Levy Revenue) o & M tax rate $0.272230 $6,434,796 $0.273551 $6,434,788 $ (8) I & S tax rate $0.075170 $1 ,776,820 $0.075535 $1.776.825 $ 5 Total tax rate $0.347400 $8,211,615 $0.349086 $8,211,612 $ (3) Table 6.3 Tax rate needed to remain under 8% Rollback Rate Over 65 Over 65 Variance Property Exemption Total Exemption Total (Lost Tax Tax Rate $45,000 Levy $60,000 Levy Revenue) o & M tax rate $0.272230 $6,434,796 $0.272145 $6,401,721 $(33,075) I & S tax rate $0.075170 $1 ,776,820 $0.075535 $1.776.825 $ 5 Total tax rate $0.347400 $8,211,615 $0.347680 $8,178,546 $(33,069) As mentioned, applying an additional $15,000 to the exemption has a fiscal impact of losing nearly $40,000 in revenues. The 0 & M tax rate of $0.273551 (Table 6.2) requires a 10.86% increase above the Effective Tax Rate of $0.251989 to make up this difference. Table 6.3 shows that keeping the tax rate adjustment below the 8% Rollback rate yields just over a $33,000 loss of revenue. Generally, the regional and local economy is - at best - flat. Staff is projecting minimal revenue increases for the FY 2004 Budget. Anticipated revenue increases for the upcoming budget were identified for planned expense adjustments during this year's budget process. Thus, managing the tax rate will require either further budget decreases or a tax/user rate increase to cover the impact of the additional $15,000 exemption. Either approach will require City Council policy direction. There are limitations on the City Council being able to manage the impact of increasing the exemption. As an alternate, the City Council may elect instead to evaluate a discount for utility payments by property owners over age 65. A discount can be applied to the monthly minimum utility bill. The current utility billing has a minimum payment of $20.60 for water and sewer. This base billing is charged to cover associated monthly basic overhead costs and water-sewer usages of 2,000 gallons. As seen in Table 7, Colleyville's minimum rate is 0.08 percent above the average of the surrounding cities. Bedford, Euless and North Richland Hills do not include any gallon usage in a minimum water bill. Bedford, Euless, Hurst, and North Richland Hills do not include any usage in their minimum sanitary sewer bill. When including the rate these citizens pay for 2,000 gallons of water and sanitary sewer with the minimum bill, the averages increases to $15.19 for water and $9.19 for sanitary sewer service. A survey of the cities determined that Bedford offers a $1.00 Over 65 adjustment for utility payments. Table 7 Cit Bedford Colleyville Euless Grapevine Hurst Keller NRH South lake A verage * $12, * NOTE: Excluding Colleyville Minimum Combined $14.46 $12.20 $17.55 $15.93 $31 .33 $16.22 $35.66 $20,48 065 Minimum $13.46 $16.60 $12.20 $17.55 $15,93 $31,33 $16.22 $35.66 $20.34 For discussion purposes, the City Council may consider reducing the minimum for water billing to $8.00. This equates to a yearly $48.00 savings to a customer. This utility adjustment is comparable to the $39,641 General Fund loss provided by the additional $15,000 exemption. The impact, however is the owner of a $400,000 house realizes the same level of savings as the owner of a $55,000 house with the utility adjustment. Recall that Table 3 showed how the property tax exemption slides with lower savings for higher valued houses. If the City were to proceed with this approach of an adjustment, the Utility Fund would only lose $36,528 in the FY 2003 budget. To offset this, and not impact operational services, the per 1,000 rate could be increased by $0.01 for all customers, which is a 0.03 percent increase. This rate adjustment could be incorporated with the planned rate adjustments for the FY 2004 budget. This planned rate adjustment is the second in a two-part rate adjustment plan for utility relocation for the State Highway 26 project and possibly the Northeast Water Ground Storage Tank. It is helpful to consider the current rates in relation to surrounding cities to determine utility rate sensitivity by the ratepayers. Table 8 reflects the current rates of the surrounding cities for 15,000 water and 10,000 sanitary sewer gallon usages per month usage. The planned rate adjustments for State Highway 26 are incorporated in this rate table. Table 8 City Bedford Colleyville CoJleyville wiD 65 Euless ~^y~,,~<~y~'Vu,u,.ummnm_.mw , Grapevine Hurst Keller NRH Southlake Average* Combined $68.31 $61.20 w~~___w~m~~~~w_wmm~m~. $79.25 $85.61 $83.69 $80.62 $89.27 $75.53 * NOTE: Excluding Colleyville In summary, an increase in the Over 65 exemption has been shown to have an impact to available revenues, tax adjustments, and operational funding. The development and structure of an annual operating budget is by its nature a process of allocating scarce resources. Colleyville is not unique in not being able to meet all its needs - that is why cities go through the budget development process. Budgets are built upon a reasonable expectation of anticipated revenues. This previous year witnessed cities across the metroplex having to adjust expense plans to reduced revenues because of the economy. This economic adjustment was beyond City Council control. A discussion by the City Council on this topic is different in that you are able to determine the level of fiscal impact by reducing revenues. An increase in the Over 65 exemption will create either a property tax increase or a loss in revenues. By avoiding this, the City Council can provide an Over 65 adjustment to the utility minimum monthly billings. Unfortunately, this yields a constant savings across the board to each of them. In light of trying to minimize negative impacts to the General Fund, this later approach provides the least impact financially to the City Council servicing citizen needs. SENIOR CITIZEN WATER USAGE APPRAISED VALUE $29,040 $47,300 $48,950 $51,700 $54,010 $59,048 $61,600 $64,856 $69,740 $71,100 $75,200 $78,650 $80,400 $85,150 $87,780 $90,024 $95,700 $99,440 $100,100 $110,220 $118,991 $120,721 $125,779 $135,000 $140,500 $143,300 $157,000 $161,600 $164,600 $173,000 $186,450 $196,680 $202,510 $218,100 $221,300 $229,570 $236,280 $247,800 $256,850 $269,900 $275,500 $280,900 $289,700 $299,530 $305,800 $311,900 $324,060 $332,440 $341,708 JAN - DEC 2002 WATER USE 92,800 120,600 20,100 52,700 471,300 49,600 152,900 97,200 27,600 121,700 43,800 73,100 107,200 215,200 23,300 64,300 71,500 202,000 47,000 35,500 117,300 42,400 103,500 105,400 52,900 206,600 30,600 145,900 248,800 12,700 192,900 240,800 214,100 122,900 230,400 93,200 94,800 140,700 223,300 110,400 145,300 223,000 57,800 368,800 320,400 176,700 188,900 102,700 381,600 AVERAGE MONTHLY USE 7,733 10,050 1,675 4,392 39,275 4,133 12,742 8,100 2,300 10,142 3,650 6,092 8,933 17,933 1,942 5,358 5,958 16,833 3,917 2,958 9,775 3,533 8,625 8,783 4,408 17,217 2,550 12,158 20,733 1,058 16,075 20,067 17,842 10,242 19,200 7,767 7,900 11 ,725 18,608 9,200 12,108 18,583 4,817 30,733 26,700 14,725 15,742 8,558 31,800 SENIOR CITIZEN WATER USAGE APPRAISED VALUE $348,700 $381,876 $397,727 $403,100 $424,105 $443,900 $460,526 $470,910 $477,900 $508,000 $536,500 $568,920 $622,590 $835,000 $994,400 MONTHLY AVERAGE JAN - DEC 2002 WATER USE 144,700 224,500 95,100 325,700 200,600 170,600 139,900 255,300 258,700 545,300 443,900 453,000 558,100 79,500 726,200 AVERAGE MONTHLY USE 12,058 18,708 7,925 27,142 16,717 14,217 11,658 21,275 21,558 45,442 36,992 37,750 46,508 6,625 60,517 14,730 ORDINANCE 0-03-1390 AN ORDINANCE RESCINDING ORDINANCE 0-93-915, AND EXEMPTING A PORTION OF THE MARKET VALUE OF RESIDENT HOMESTEADS OF PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER AND DISABLED PERSONS FROM AD- VALOREM TAXES, RENDERED AFTER THE PASSAGE OF THIS ORDINANCE. WHEREAS, the City of Colleyville is authorized to grant exemptions to persons sixty- five years of age or older and disabled persons; and WHEREAS, the City of Colleyville has previously granted such an exemption in Ordinance 0-93-915; and WHEREAS, the City Council is of the opinion that said exemption should be increased. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. THAT Ordinance 0-93-915 of the City of Colleyville and any other conflicting ordinance is hereby repealed. THAT Sixty Thousand Dollars ($60,000.00) of the market value of the resident homestead of persons, married or unmarried, including those living alone, sixty-give (65) years of age or older is hereby exempted from ad valorem taxes levied by the City of Colleyville effective beginning for Tax Year 2003. THAT Fifteen Thousand Dollars ($15,000) of the market value of the resident homestead of persons, married or unmarried, including those living alone, who are under a disability for purposes of payment of disability insurance benefits under the Federal Old Age Survivors and Disability Insurance or its successors, is hereby exempted from ad valorem taxes levied by the City of Colleyville effective beginning Tax Year 2003. That in order to receive such exemption, the person claiming same shall comply with Section 11.43 of the Property Tax Code of the State of Texas and any subsequent amendments thereof. Ordinance 0-03-1390 Page 2 AND IT 15 50 ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secreta ry Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney CITY COUNCIL cce'" AGENDA BRIEFING IL'X;:'1$ MEETING DATE: i 04/01/03 CITY MANAGER : ,V1 ITEM # : 20 DEPARTMENT HEAD ~ ORDINANCE # : 0-03-1391 FINANCE REVIEW N.A. Previous Action: Tabled 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 Update This item was tabled by the City Council at the March 4, 2003 meeting. There were some questions concerning the location of an existing gas meter and the potential for a driveway to be located in the same area. Staff with TXU Gas has advised that the meter could be relocated on the property, and the property owner would bear the expense of moving the meter. 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. Agenda Briefing Ordinance 0-03-1391 Page 2 of 2 2. Surrounding Properties. The surrounding properties are developed as single family residences. 3. Development Trends. The long-term trend for this area is single family development. Property in the area is generally suitable for that type of development. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. 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 . 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PUb-R Area Zoning Map Dale Baier 1410 Tinker Road Colleyville, TX 76034 David & Marlene Fink 6400 Ponderosa Lane Colleyville, TX 76034 Phillip & Wanda Thompson 6305 Ponderosa Lane Colleyville, TX 76034 Debra Deaton 6405 Ponderosa Lane Colleyville, TX 76034 Charles Smith 6417 Ponderosa Lane Colleyville, TX 76034 Judith Miller P.O. Box 879 Colleyville, TX 76034 David & Lynne Underwood 6308 Ponderosa Lane Colleyville, TX 76034 Jonathan & Lu Shih Lee 6412 Ponderosa Lane Colleyville, TX 76034 Michael & Cindy Latimer 6500 Ponderosa Lane Colleyville, TX 76034 Hazel Jungman 6309 Ponderosa Lane Colleyville, TX 76034 J arre1 & Mary Bailey 6401 Ponderosa Lane Colleyville, TX 76034 Robert & Regina Warner 6409 Ponderosa Lane Colleyville, TX 76034 Thomas & Judy Franklin 6413 Ponderosa Lane Colleyville, TX 76034 Vergia Stowe Watts 1400 Tinker Road Colleyville, TX 76034 Gary & Nancy Williky 7005 Westmont Drive Colleyville, TX 76034 Case Z-03-002 (Notices dated: January 16, 2003) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permit/and-or/zoning change request are listed above. I certify that the parties listed above have been notified of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy ~ Planning & Z~{{ing Assistcmt January 26, 2003 ,--..-...........-....._ ___-... _....~....,,':'""',' dflt__~ "__ __ _ Eo,",.,"'"""'".. ."", "',.E. D i)f " \. i' . "'"" v [;~~-'~l~3 ]_ CITY OF COL....EYVILLE . BY CC;"J.iJNITY OeVELOPME:i:T : Jan Levy Planning & Zoning Commission City of Colleyville P.O. Box 185 Colleyville, TX 76034 Re: Petition for Zoning Change - 6412 Ponderosa Lane, Weston Ward Addition We as the owners of the adjacent property located at 6500 Ponderosa Lane (Lot 3 Weston Ward Addition) hereby wish to register our strong opposition to the proposed re-zoning oflot 2 (6412 Ponderosa Lane) from AG (agricultural) to R20 (single family-minimum lot size of 20,000 square feet). Our opposition stems from the fact that our original purchase of the property in July of 1990 was based on the knowledge that we were bordered by properties zoned agricultural. This, we believed, would increase the likelihood that the horses we are currently raising would be surrounded by like-use properties with like-minded property owners inclined to maintain their use as agricultural. As the remaining number of properties zoned agricultural continues to shrink, and the places to raise animals like our horses continues to diminish, we are steadily falling victim to the whims of newer residents who are not interested in perpetuating the rich tradition of Colleyville as a place for families to raise horses. If you change the zoning on 6412 Ponderosa, our chances of living in a city and next to a family who shares that outlook will disappear completely. Our opposition also stems from the planned subdivision of Lot 2 into two single-family residential lots. As you may already be aware, there are serious storm drainage problems on Ponderosa Lane, particularly in the proposed area of the re-zoning. Lots 5,6,7 and 8 in particular are prone to flooding due to the runoff that flows downhill from east to west across 6412 and 6500 Ponderosa across Ponderosa Lane and onto (into) Lots 5,6,7 and 8. If Lot 2 is subdivided into two lots with the intention of building another single family home north 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. /);JJ~~o Michael F. Latimer Owner, 6500 Ponderosa Lane ,/\ /,.~ J ~ , ..', '\.. ::", " ,. <,..., ~0;~2J,~/ _.../~---. Cindy B. La' er \,....--,/ Co-Owner, 6500 Ponderosa Lane ( /J-& /03 Date (k-lJJ (Q~ 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\ .""...../ , ' ,I ,iiE{ , ",,'"'" """'.1.. . : . l;.".___. ^'...~.~---i A \ ift-E.fston ...p- 11'" I ""''''l''' --~,lVT,"""ll!'''' j_v.v_____. l ~.~..~ ~G .......-j ! ._~.J ; RESOLUTION R-03-2128 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF APRIL 1,2003 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