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Home My WebLink AboutCity Council-Agenda Packets-5/20/2003 City of ~ Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD MAY 20,2003 5:45 P.M. - PRE-COUNCIL AGENDA PC-1. Discussion of Master Plan Telephone Survey PC- 2. Discussion of May 20, 2003 City Council regular agenda items REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Jo Ann Johns lawsuit Sec. 551.071 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Sister Theresa Khirallah, Good Shepherd Catholic Community PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUE - PRESENTATION - PROCLAMATION - PROCLAMATION - PROCLAMATION - PROCLAMATION - PROCLAMATION - PRESENTATION - Presentation to Brad Rice in appreciation of service as Councilmember, Place 2 In recognition of a donation to the Colleyville Public Library from the Colleyville Public Library Foundation of monies donated by Betty and Hardy Sanders and the Glaser Family In recognition of National Garden Week presented to Debra Sanders, Outgoing President and Ann Conrad, Incoming President In recognition of Major Jeffry Wickstrom's Homecoming from Iraq presented to Major Wickstrom, wife Sandy and daughter Megan In recognition of Rafael Palmeiro's sooth Home Run presented to Jamie Adams, Agent In recognition of Trauma Awareness Month and Emergency Medical Services (EMS) Week presented to Fire Chief Mike Johnston In recognition of Memorial Day presented to Mr. Ed Coley City Flag will be retired and placed in Time Capsule, which will be located at the new City Hall and Library and opened on March 22,2027, commemorating 25 years CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2149 - Consent Items: a. Approval of minutes of the regular City Council meeting of May 6, 2003 b. Approval of minutes of the Special City Council meeting of May 7,2003 c. Approval of the Final Plat of Emerald Park Addition, Phase 1, 20.380 acres located on north side of L.D. Lockett Road, east of Precinct Line Road, Case P-03-010 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1404 - Approval to amend Ordinance 0-92-880 establishing the fee structure for the circulation of materials and replacement and processing fees for materials for the Colleyville Public Library 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1405 - Approval of a Zoning Change from CN to PUD-R, 2.05 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive, Case Z-03-006 6. READING AND PUBLIC HEARING - Resolution R-03-2150 - Approval of nominations to the North Central Texas Council of Government Regional Rail Corridor Study Technical and Policy Committees 7. READING AND PUBLIC HEARING - Resolution R-03-2151- Approval of a Request by Kurt Watkins for an Outdoor Music Festival permit for June 21,2003, at Finz Tropical Grill, 5005 Colleyville Boulevard, Case G-03-009 8. READING AND PUBLIC HEARING - Resolution R-03-2152 - Approval of a request by Colleyville Town Center for determination of a driveway location, Case G-03-011 9. READING AND PUBLIC HEARING - Resolution R-03-2153 - Reconsideration of a request for a variance to the sign regulations to allow a 5' by 10' changeable letter wall mounted sign on the east side of the Sunbelt Gymnastics building located at 4701 Bransford Road, Case G-03-008 10. READING AND PUBLIC HEARING - Resolution R-03-2154 - Approval to amend Resolution R-99-1464 setting the Parks and Recreation Donation Policy 11. READING AND PUBLIC HEARING - Resolution R-03-2155 - Approval of City of Colleyville's Participation in Tarrant County's Community Development Block Grant Program for the three program period, Fiscal Year 2003 through Fiscal Year 2005 12. READING AND PUBLIC HEARING - Resolution R-03-2156 - Approval of an Agreement between the City of Colleyville and Explorer Pipeline for the construction of Cottonbelt Trail, Phase 1 13. READING AND PUBLIC HEARING - Resolution R-03-2157 - Approval to oppose H.B. 3223, which caps the annual increase in appraisal of all real property at five percent REPORTS: 14. COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - February 17, 2003 PARKS AND RECREATION ADVISORY BOARD MINUTES - March 3, 2003 ZONING BOARD OF ADJUSTMENT MINUTES - April 8, 2003 HISTORICAL PRESERVATION COMMITTEE MINUTES - April 8, 2003 STAFF REPORTS: 15. MONTHLY FINANCIAL REPORT CITIZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 20, 2003 - Reading and Public Hearing - Resolution R-03-2158 ADJOURNMENT: 18. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, May 17, 2003, aI500pm~~a~ C~ngleto;;~ 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 CilY Of CQe~'" AGENDA BRIEFING Il'XtlS MEETING DATE: ITEM # : OS/20/03 PC-1 CITY MANAGER ' DEPARTMENT HEAD FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of Master Plan telephone survey, Case G-02-012 Backqround One of the tasks included with the Master Plan update effort is to conduct a sample telephone survey of the citizens in Colleyville. The City of Colleyville has contracted with the University of North Texas-Office of Research Services to prepare the survey questions and conduct the randomly selected telephone survey. The survey and analysis are scheduled for completion by June 30, 2003. Staff is providing the City Council with a copy of the survey instrument and requests your comments and input. The consultant plans to begin the survey process upon receipt of the final comments. Attachments · Telephone survey questions 5" -" -@ COLLEYVILLE- SAMPLE PROPOSED CITIZEN SURVEY QUESTIONS Hello, my name is . The City of Colleyville is conducting a survey of its citizens and I would like to talk with any female/male age 18 or older.(TO RESPONDENT)The City is conducting a survey to determine how citizens rate City services and to discover citizen attitudes on certain major issues facing the City. I want to stress that this survey is being conducted by the City of Colleyville and not by a candidate for political office. Your participation in this survey is voluntary and the questions that I want to ask you will take 15 to 20 minutes. Your answers will not be associated in our records with you personally In any way and they will be useful to the City staff and council as they update the City Master Plan. All of your answers will remain confidentiaL and will be reported to the city in percentages only. This project has been reviewed by the UNT Committee for the Protection of Human Subjects. If you have any questIOns. please call 1-800-687-7055. Thank you. Area By neighborhood number 2 3 456 1. How long have you lived in the City of Colleyville? 1. Less than one year 2. 1 - 3 years 3. 4 - 6 years 4. 7 - 10 years 5. More than 10 years 9. Refused to answer I. QUALITY OF LIFE ISSUES 2. What statement would best describe you as a member of your community in Colleyville? 1. I am very active in my community 2. I stay somewhat informed 3. I become involved when issues affect me 4. Ijust live here 9. NRJDK 3. Generally, would you rate the quality of life in Colleyville as excellent, good, fair. or poor? 1. Excellent 2. Good 3. Fair 4. Poor 9. NR/DK 4. Now thinking only about your neighborhood. In terms of cleanliness, quality of houses, and general appearance, would you rate the condition of your neighborhood as excellent, good, fair, poor? 1. Excellent 2. Good 3. Fair 4. Poor 9. NR/DK 5. How much do each of the following factors contribute to making Colleyville a desirable place to live? As I read each factor please tell me whether it contributes a lot, a little, or not at all to the City as a place to live. A lot A little Not at all NR/DK a. Quality of schools 1 2 3 9 b. Selection of housing 1 2 3 9 c. Safe place to live 1 2 3 9 d. Clean and attractive 1 2 3 9 e. Parks and open spaces 1 2 3 9 f. Distance from Fort Worth/Dallas 1 2 3 9 ~. Hometown atmosphere 1 2 3 9 6. Would you say the following factors are very important, important, neutral, unimportant or very unimportant in the quality of life in Colleyville? Very Important Neutral Unimportant Very NR/DK Important Unimp ; Beautification of the City , 1 2 3 4 5 9 Appearance of neighborhoods 1 2 3 4 5 9 Cultural Activities 1 2 3 4 5 9 More local shopping/entertainment 1 2 3 4 5 9 opportunities More local job opportunities 1 2 3 4 5 9 i Environment 1 2 3 4 5 9 i Expansion of major thoroughfares 1 2 3 4 5 9 I Parks and recreation opportunities 1 2 3 4 5 9 I Traffic management 1 2 3 4 5 9 7. Taking all things into consideration, how would you rate the overall quality of life in Northeast Tarrant County? 1. Very good 2. Good 3. Neither Good nor Bad 4. Bad 5. Very Bad 9. NR/DK 8. Please Rate the following. Your answers should be excellent, good, fair, or poor. Excellent Good Fair Poor NR/ DK a. The overall appearance of the city 1 2 3 4 9 i b. The overall appearance of your neighborhood 1 2 3 4 9 c. The quality of life In Colleyville 1 2 3 4 9 I d. The overall rating ofColleyville City government I 2 3 4 9 9. In choosing Colleyville as a place to live. what would you say was your primary determining factor? (DO NOT READ RESPONSES) a. Quality of schools b. Selection of housing c. Safe place to live d. Clean and attractive e. Parks and open spaces f. Distance from Fort Worth/Dallas g. Hometown atmosphere h. Other (SPECIFY) II. CITY SERVICES Now I want to ask you about city services in Colleyville. 10. The City of Colleyville provides enforcement programs that address code compliance, and environmental health and safety concerns. In each ofthe following areas how effective is the enforcement Program? As I mention each program, just answer very effective, somewhat effective, or somewhat ineffective, or very ineffective. Very Somewhat Somewhat Very NR/DK Effective Effective Ineffective Ineffective High grass and weeds I 2 3 4 9 Junk vehicles I 2 3 4 9 Litter I 2 3 4 9 Illegal dumping 1 2 3 4 9 Property Cleanliness 1 2 3 4 9 II. Next, I'm going to read a list of city services. After 1 mention each service, please tell me whether that services needs much improvement, some improvement, or no improvement: i Service Much Some No NR/DK I Street mamtenance 1 2 3 9 Street lighting 1 2 3 9 Garbage collection 1 2 3 9 Water services 1 2 3 9 Sewer services 1 2 3 9 Storm water drainage 1 2 3 9 Police services 1 2 3 9 Fire services 1 2 3 9 Animal control 1 2 3 9 Park facilities 1 2 3 9 Recreational programming 1 2 3 9 Code enforcement 1 2 3 9 12. Would you rate the quality of Colleyville local government as excellent, good, fair, poor? 1. Excellent 2. Good 3. Fair 4. Poor 9. NR/DK III. COMMUNICATION AND INFORMATION 13. Have you or a member of your household contacted the City of Colleyville about a complaint, request for service, or for information in the past 12 months? 1. Yes (ASK 18 A,B) 2. No (SKIP TO 19) 9. NR/DK 13a. Were you generally satisfied with the results you got or not? 1. Satisfied 2. Not satisfied 9. NR/DK 13b. Were the people you contacted helpful when you called, or not? I. Yes, helpful 2. No, not helpful 9. NR/DK 14. Do you think you get enough information about the issues and problems facing the city and its citizens? 1 . Yes (SKIP TO 20) 2. No (ASK 19a) 9. NR/DK 14a. What information do you need? 15. The Colleyville Communicator is the City of Colley vii Ie official newsletter, do you read the City's newsletter? 1. Yes (ASK 20a-B) 2. No (SKIP TO 21) 9. NR/DK 15a. Do you find the communicator to be very informative, informative, or not informative about problems and issues in the city? 1. Very informative 2. Informative 3. Not informative 9. NR/DK 15b. Is the City Newsletter useful to you in providing information about Colleyville? 1. Yes 2. No 9. NRJDK 16. Do you get most of your news about Colleyville from the Colleyville City Newsletter, the Fort Worth Star Telegram, the Dallas Morning News, Local television, the city's cable channel, the city"s web site or by calling the city? 1. City Communicator Newsletter Yes No NRJDK 2. Colleyville Courier 1 2 9 3. Cable Television 1 2 9 4. Fort Worth Star Telegram News 1 2 9 5. Dallas Morning News 1 2 9 6. Local Television News 1 2 9 7. Calling the City 1 2 9 8. Through word of mouth 1 2 9 9. City Web Palle 1 2 9 17. Please tell me how useful or not useful each if the following City sources are to you in finding out about what" s going on in Colleyville . Your answers should be very useful, somewhat useful. not very useful or useless. Very Useful Not too Not at NRJ Useful Useful all DK useful i a. The City Newsletter, The Communicator 1 2 3 4 9 I b. Message on the city water bill 1 2 3 4 9 c. Cltv council meetings on cable television I 2 3 4 9 d. City staff 1 2 3 4 9 e. City Council members 1 2 3 4 9 f. The electronic bulletin board on cable TV 1 2 3 4 9 . g. City Web site 18. Are you aware that Colleyville City Council meetings are televised on cable? 1.Yes (ASK 23a) 2. No (SKIP TO 24) 9. NRJDK 18a. Do you watch the city council meeting regularly. Sometimes, or not at all? 1. Regularly 2. Sometimes 3. Not at all 9. NRJDK 19. Would you be very interested, somewhat interested, or not interested at all in using the internet to do the followmg: Action Very Somewhat Not at all NR/DK interested interested interested a. Paying fines or permit fees 1 2 3 9 b. Making a service request 1 2 3 9 c. Expressing feedback or concerns 1 2 3 9 d. Connecting water service 1 2 3 9 I e. Registering for recreation programs 1 2 3 9 I f. Applying for a city iob 1 2 3 9 ! g. Applying for a city permit 1 2 3 9 i h. Viewing city council meetings 1 2 3 9 20. Have you or a member of your household visited Colleyville's Web site either from a home computer or some other computer? 1. Yes (ASK 25a) 2. No (SKIP TO 26) 9. NR/DK 20a. Please rate the following attributes of the Web site as excellent, good, fair or poor. Excellent Good Fair Poor NR/DK a. Getting around the Web site and 1 2 3 4 9 ease of use. b. Information available on Web site. 1 2 3 4 9 c. Overall usefulness 1 2 3 4 9 IV. ECONOMIC DEVELOPMENT. TRANSPORTAION. PLANNING. ETC. 21. On a scale of excellent, good, fair or poor, please rate street and transportation services in the following areas: Excellent Good Fair Poor NR/DK Condition of major streets 1 2 3 4 9 Condition of neighborhood streets 1 2 3 4 9 Condition of sidewalks 1 2 3 4 9 Placement and number of streetlights 1 2 3 4 9 Placement of traffic signals 1 2 3 4 9 Traffic management during peak hours 1 2 3 4 9 22. With regards to transportation, would you rate the following as a severe, modest, or minor problem, or not a problem at all? .... Severe Modest Minor No NR/DK Problem a. Traffic congestion on HWY 26 1 2 3 4 9 b. Traffic congestion around schools 1 2 3 4 9 c. Traffic congestion elsewhere 1 2 3 4 9 d. Traffic signals and silffis 1 2 3 4 9 e. Condition of roads 1 2 3 4 9 f. Lack of public transportation 1 2 3 4 9 g. Sidewalks 1 2 3 4 9 h. Lack of bicycle routes 1 2 3 4 9 23. I would like to read you a list of developments. As I read each. please tell me if you would like to see more of this type, keep at the same level or fewer in Colleyville. More Same Fewer NO a. Retail stores 1 2 3 4 b. Executive/management level housing 1 2 3 4 c. Entertainment venues 1 2 3 4 d. Full service restaurants 1 2 3 4 e. Fast food restaurants with Drive-thru 1 2 3 4 ! f. Physician"s office 1 2 3 4 g. Counter service restaurants without Drive-thru 1 2 3 4 h. Maintenance and repair services (i.e.,auto&home) 1 2 3 4 i. Hotels and Motels 1 2 3 4 ). High Tech Industry 1 2 3 4 k. Office buildings 1 2 3 4 1. Apartments 1 2 3 4 m. Garden or Villa style homes 1 2 3 4 24. When buying clothing, specialty items or similar merchandise, which of the following places do you shop most often? 1. In Colleyville stores 2. Northeast Mall 3. The Gallaria 4. Grapevine Mills Mall 5. Irving Mall 6. Or some other place? (SPECIFY) 25. When you eat out, in which of the following areas do you eat out the most? 1. Colleyville 2. Southlake 3. Hurst 4. Grapevine 5. Grapevine Highway 6. Airport Freeway 7. Other (SPECIFY) 26. I am going to read you a list public improvements. Please tell me how strongly you would support or oppose the following public improvements being made in Colleyville in the next five to ten years... Strongly Support Oppose Strongly NO Support Oppose a. Add 2 or more lanes to some streets 1 2 3 4 i 5 b. Add turnmg lanes to some streets 1 2 3 4 5 c. Street maintenance, such as re-paving and 1 2 3 4 5 ! resurfacing d. Rebuild deteriorating streets e. Drainage improvements 1 2 3 4 5 f. Upgrade lines to improve water service 1 2 3 4 5 g. Sewer system improvements 1 2 3 4 5 h. Park improvements 1 2 3 4 5 i. New Parks 1 2 3 4 5 26a. How strongly would you support or oppose paying more City taxes for any of the above improvements? 1. Strongly Support 2. Support 3. Oppose 4. Strongly Oppose 9. NR/DK 27. How strongly would you support or oppose the following improvements that are proposed for the widening of Colleyville Boulevard? A. Decorative traffic signal poles B. Decorative bridge railing C. Landscaped median enhancements with trees D. Putting utility wires underground Strongly support 1 1 Support Oppose Strongly oppose 4 4 NR/DK 2 2 3 3 9 9 2 3 4 9 27a.How strongly would you support or oppose more City taxes for these improvements? 1. Strongly Support 2. Support 3. Oppose 4. Strongly Oppose 9. NR/DK 28. Which one of the following lot sizes is the smallest you would find acceptable for new residential development in Colleyville? 1. 2 acres per home 2. 1 acre per home 3. Y2 acre per home 4. l!.t acre per home 5. Other 9. NR/DK 29. Considering all the services mentioned in this survey, are you very satisfied, somewhat satisfied, somewhat dissatisfied or very dissatisfied with the level of City services you receive in return for the dollars you pay? 1. Very Satisfied 2. Somewhat Satisfied 3. Somewhat Dissatisfied 4. Very Dissatisfied 9. NR/DK V. DEMOGRAPHICS 30. Please describe your current employment status. Are you... 1. Employed 2. Unemployed 3. Retired 4. Homemaker 5. Student 9. NR/DK 31. Do you operate a home-based business? 1. Yes 2. No 9. NR/DK 32. The following questions are for classification purposes only. Which of these ag~ groups includes your age'? 1. 1 8 - 24 Years 2. 25 - 34 Years 3. 35 - 44 Years 4. 45-54 Years 5. 55 - 64 Years 6. 65 and older 9. NR/DK 33. How long have you lived in the state of Texas? 1. Less than one year 2. 1 - 3 years 3. 4 - 6 years 4. 7 - 1 0 years 5. More than 10 years 9. NR/DK 34. How many people live at your address? 1. One person 2. 2 - 3 persons 3. 4 - 5 persons 4. 6 - 8 persons 5. More than eight 9. NR/DK 35. Please tell me into which of the following ranges your annual household income falls? 1. Under $10,000 2. $10,000 - $25,000 3. $25,001 - $50,000 4. $50,001 - $75,000 5. $75,001 - $100,000 6. $100,001 - $125,000 7. $125,001 - $150,000 8. Over S150,001 9. NRJDK 36. Please tell me the highest grade of education you have completed? 1. Less than High School 2. High School 3. Some College 4. College Graduate 5. Advanced Degree 9. NR/DK 37. What would you say is the biggest problem facing Colleyville Today? 38. What would you say will be the biggest problem in five years? INTERVIEWER: RECORD GENDER OF RESPONDENT Gender 1. Male 2. Female PRE-COUNCIL ell y O( ~~:i~ln."'" AGENDA BRIEFING ~FE7'~Cd TC'.,,~S. MEETING DATE: , ITEM #: OS/20/03 PC-2 CITY MANAGER I DEPARTMENT HEAD FINANCE REVIEW N/ A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the May 20, 2003, City Council regular agenda items This item provides the opportunity for the City Council to discuss the May 20, 2003, City Council regular agenda items. CITY COUNCIL ci I Y O( ((J~~n0 AGENDA BRIEFING r~.." ~:. MEETING DATE: I ITEM#: I RESOLUTION #: I OS/20/03 1 N/A CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW : N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Jo Ann Johns lawsuit Sec. 551.071 CITY COUNCIL ci.tYor CQ~n", AGENDA BRIEFING II.~:\~~ MEETING DATE: . OS/20/03 CITY MANAGER . ITEM#: 2 DEPARTMENT HEAD RESOLUTION #: N/A FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENT ATIONS PLAQUE - PRESENTATION - PROCLAMATION - PROCLAMATION - PROCLAMATION - PROCLAMATION - PROCLAMATION - PRESENTATION - Presentation to Brad Rice in appreciation of service as Council member, Place 2 In recognition of a donation to the Colleyville Public Library from the Colleyville Public Library Foundation of monies donated by Betty and Hardy Sanders and the Glaser Family In recognition of National Garden Week presented to Debra Sanders, Outgoing President and Ann Conrad, Incoming President In recognition of Major Jeffry Wickstrom's Homecoming from Iraq presented to Major Wickstrom, wife Sandy and daughter Megan In recognition of Rafael Palmeiro's 500th Home Run presented to Jamie Adams, Agent In recognition of Trauma Awareness Month and Emergency Medical Services (EMS) Week presented to Fire Chief Mike Johnston In recognition of Memorial Day presented to Mr. Ed Coley City Flag will be retired and placed in Time Capsule, which will be located at the new City Hall and Library and opened on March 22, 2027, commemorating 25 years :l(~ .LJ '-Y lcxas P."esented To BRAD RICE ( ('<::~K:::<.~: In Appreciation for Outstanding Leadership and Service as Councilman - Place 2 2001 - 2003 roclamatton CITY OF Colleyville, Texas WHEREAS: the Colleyville Garden Club is celebrating its affiliation with Texas Garden Clubs, Incorporated and the National Council of State Garden Club by participating in a garden tour, the "Garden Promenade", on June 1, 2003; and WHEREAS, the important benefits of gardening include providing a multitude of goods for our people and enable us to export to other countries which are in desperate need; and WHEREAS, gardening instills a greater appreciation of our land, a greater respect for our environment and our natural resources, encouraging our youth to develop this respect, providing a productive activity for a large number of people; and WHEREA~L_gacd~ing yields t10wersand f1ower~bringbeauty into our lives. ,,.'..!-..t' ~""""""'''''''' "". ',r .. ..~_~ NOW THEREFORE, I DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE, . TEXAS,. d()hereby proclaim June 1 - 7. 2003 as: ... ~'. ~:~:. NATIONAL GARDEN WEEK ",.~".,-o._.~"".....,,..,...-,. in the City of CoIleyville and commend its observance to all citizens. IN WITNESS WHEREOF, I do hereby set rrw hand and seal of the City of Colleyville, affixed this 20th day of May, 2003. . .. , . : V'"I ~~. ,. 4J.t< , ~.~~ roclamation CITY OF Colleyville, Texas WHEREAS: Major Jeffry Wickstrom retired from the Air Force in 1999 and then joined the reserves in September 2002; and WHEREAS, Major Wickstrom was with the 303rd Fighter Squadron out of Whiteman Air Force Base in Missouri and was deployed to Tallil air base and flew 20 missions in a Fairchild A-10 Warthog support attack aircraft; and WHEREAS, Major Wickstrom has returned home safely on a 30-day leave following ten weeks offighting in Iraq to attend his daughter Megan's high school graduation and is scheduled to return to Iraq next month. NOW THEREFORE, I DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf oftheGity CouncilanQ the citizens of Colleyville, would like to show our support and appreciation for his services and are very p~dto welcome ho.':l~_, ,,}.1AJOR JEFFRY WICKSTROM r \~,"~'~? ,:I:; , ,e~j would like to wish him a safe return at the end of his service. IN WITNESS WHEREOF, Ido hereby set my hand and seal of the City of Colleyville, affixed this 20th day of May, 2003. _ .>,,<-J,.~:~f.; t' .;,._......-(". roclamation CITY OF Colleyville, Texas WHEREAS: Rafael Palmeiro became the 19th player in major-league history to hit 500 home runs on Sunday, May 11, 2003, at The Ballpark in Arlington; and WHEREAS, Rafael joins a list of power hitters that start with Hank Aaron (755), Babe Ruth (714) and Willie Mays (660); and WHEREAS, the bat that Rafael used is being sent to the Baseball Hall of Fame in Cooperstown, N.Y.; and WHEREAS, on July 25, 2001, Rafael drew his 1,000lh career walk, joining Cal Ripken, Barry Bonds, Fred McGriff and Mark McGwire as the only active player with 400 homers, 1,000 RBis, 1,000 runs and 1,000 walks.; and ,... WHEREAS, irri999, Rafael was second in the American League with 47 home runs,148~Sls. 356 total oasesanaa;030 slugging percentage. r f ':~ . .~. .'.'~~ NOW THEREFORE, 1 DONNA ARP. MAYOR OF THE CITY OF COLLEYVILLE, . H:.XAS, on behalf of the Colleyville City Council and citizens of ....Colleyville, congratulate Rafael Palmeiro on his historic milestones. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 20th day of May 2003. , ':" .....,t, .\.~""'-...- .:- ..."...~ ,.... -, ,.. ., roclamation CITY OF Colleyville, Texas WHEREAS: the month of May has been designated by the City of Colleyville as Trauma Awareness Month and the week of May 18-24, 2003 as Emergency Medical Service (EMS) Week; and WHEREAS, emergency medical service is a vital public service in Colleyville and each year in Texas, trauma is a major cause of death and disability; and WHEREAS, Colleyville emergency medical services teams provide valuable lifesaving care in Colleyville twenty-four hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate for those who experience sudden illness or injury; and WHEREAS, Colleyville Fire and EMS personnelcare.for the community by responding to over 500 emergency medical calls per year to render aid to those in need; and - ,., - ,~~." WHEREAS, the"cttizens of Cotteyvtlle'"beneflt' daily fronrthe 1<nowledge and skills of these highly trained i!1(ji~!(juals." . ... -" . NOW, THEREFORE, I, DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE,TEXAS, do " hereby proclaim the month of May 2003 as... i """ ,- ..._~f"" TRAUMA AWARENESS MONTH and MAY 18.24,2003 as EMS WEEK '~..."~.._..._-".-.. . in the City of Colleyville and encourage our citizens to exercise safety, practice healthy lifestyles and express appreciation to our EMS professionals. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, affixed this 20th day of May 2003. t:~,~ ~ ~;o Oda">r"~ ," ~"'" g~ ."It ~~t,~~~~$~r~ ~" " roclamatton CITY OF Colleyville, Texas WHEREAS: the challenges to our Nation's peace and freedom are as old as American history and as new as today's headlines, and they have taken many forms through the years, from the bitter discord of civil war at home to the aggression of tyrants abroad; and WHEREAS, the price of peace and freedom has always remained the same: the service and sacrifice of our young men and women in uniform for they have made this Nation strong and a better place; and WHEREAS, we marvel at the valor and determination of gallant Americans who, in each generation, have stepped forward to preserve our freedom, defend our democracy, uphold our ideals and protect our interests; and WHEREAS, in honor of all the courageousmen and women who gave their lives in defense of our Nation and our fundamental ideals, every American should say a prayer for lasting peace on this Memorial Day and every American should remember our cherotc.wsr dead in some special way as we can never fully repay our debt to America's fallen warriors; and. ~...."' .._ i WHEREAS, now, on Memorial Day, let us remember with profound gratitude those with uncommon coUrage and indomitable spirit who took to the seas and skies in . momeDts of peril for our Nation because they knew that true peace is won only by those willing to die for it. '. .'. NOW, THEREFORE, I, DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council, do hereby proclaim May 26, 2003, MEMORIAL DAY a day of prayer for permanent peace and encourage our citizens to take part in this observance. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 20th day of May 2003. ~ "", "..... '-0<") __~'1( !..'l,t, ~...iil~~;fa~::;..l:"" A'::t. ~j;i<i1~~"'~-.''l/: ~ ' ,- , \:4.... CilY Of ~ CITY COUNCIL CC~-:~lil'13 AGENDA BRIEFING iL-:\~~ MEETING DATE: OS/20/03 CITY MANAGER ! ITEM #: 2 DEPARTMENT HEAD I RESOLUTION #: FINANCE REVIEW IN/A Previous Action: N/A DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT : City Flag will be retired and placed in Time Capsule, which will be located at the new City Hall and Library and opened on March 22, 2027, commemorating 25 years In March 22, 2003, the City of Colleyville celebrated the groundbreaking of the new Colleyville City Hall and Colleyville Public Library. This celebration included the introduction of two (2) capsules to be placed at the City Hall and the Colleyville Public Library. On May 20, 2003, the City Council plans to retire the Colleyville City Flag that has proudly remained behind the City Council dais for 14 years. On August 2, 1988, the City Council officially adopted the current City of Colleyville logo. On November 1, 1988, the handsewn Colleyville City Flag was presented to the City by Lila Coley and Jan Lynch, to lead the parade for the Colleyville First Annual BSQ Cook-Off, which was held for the purpose of raising funds for the planned Colleyville Center. The City is currently requesting that all citizens, business owners, schools from elementary to high school and organizations participate and enjoy this momentous occasion. Attachments . Press Release City of Colleyville Public Library Time Capsule The City of Colleyville is accepting items to be placed in the Colleyville Public Library time capsule. The time capsule will show Colleyville citizens 25 years from now what Colleyville life was like today. The City of Colleyville has issued the following guidelines for the time capsule. · The following groups/organizations within Colleyville may place items in the time capsule: Churches, Homeowner Associations (HOAs), Non-profit organizations. and Public and Private Schools. . To benefit all participating organizations, we ask that each organization limit contribution items to 10 pages (8.5 x 11) or less. Any item that is not a picture or paper document may be included in the time capsule if space permits. . The City of Colleyville is asking for Colleyville residents who have published a book to contribute an autographed copy to be placed in the time capsule. Please only one (1) book per author. Below are a few suggested items that your organization may consider for the time capsule. · Membership List · Badges, Patches, Logos, Flags, etc. · 2002 Mission/Goals for the Organization Pictures of current members, facilities, homes, etc. ~~. ~~/ ~' "".,-"" ".~" -; ---------. . -,.------..-----' .- .' .....r>.'.::-o:r..~-- .-~-:. .- ~~~~: . -,..-'-' Please have your items to Dixie Cawthorne, City of Colleyville by May 26, 2003. For more information, contact Dixie at 817.577.7589, ext. 221 or cawthorned{Q)ci. collevville. tx. us. ~n~ City of Colleyville 5400 Bransford Road. Colleyville, TX 76034 MEDIA INFORMATION For Immediate Release Date: April 23, 2003 Contact Person: Dixie Cawthorne Communications Manager PHONE: (817) 577-7589 ext. 221 FAX: (817) 577-7564 Calling for Items to be Placed in the Library Time Capsule Last March 22,2003 the city of Colleyville celebrated the groundbreaking of the new city hall and library. Part of that celebration included introducing two-time capsules to be placed behind the cornerstones at City Hall and the Colleyville Public Library. Time is closely approaching to place the time capsules and the city would like to acquire a few additional items from the community for the Library time capsule. The time capsules will be placed on May 30, 2003. Please contact Dixie Cawthorne at 817.577.7589 ext. 221 by May 15 for any item your organization would like to have remembered in the Colleyville Public Library Time Capsule. The City is asking for all citizens, business owners, schools from elementary to high school, and organizations to participate and enjoy this momentous occasion. The new library and city hall are community buildings and the city would like the community to take part in celebrating your new facilities. The City of Colleyville has chosen to encapsulate the present for the benefit of the future by presenting Time Capsules for both the Library and City Hall. "We want our entire community to help Colleyville preserve history and promote Colleyville's future", said Mayor Donna Arp. Space in the Time Capsules is limited, so the choices must be succinct and telling: what object, image, or words will tell people of the future what they need to know about us? Also, we are calling for all Colleyville authors to bring a signed and dated copy of your published book to place in the library time capsule. The City will gather all items and have them preserved and placed in the Time Capsules and buried behind the corner stones. Also, the signature scroll that all participants signed at the city hall and library ground breaking ceremony will be buried with the City Hall Time Capsule. Both the Library and City Hall time capsules will be reopened in 25 years on March 22, 2027. For additional information call Dixie Cawthorne, Communications Manager at 817.577.7589. ext. 221. ### RESOLUTION R-03-2149 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF MAY 20, 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 May 6,2003, are hereby approved. b. THAT the minutes of the Special City Council meeting of May 7,2003, are hereby approved. c. THAT the Final Plat of Emerald Park Addition, Phase 1, 20.380 acres located on north side of L.D. Lockett Road, east of Precinct Line Road, is hereby approved. AND IT IS SO RESOLVED. 2003, BY A VOTE OF ABSTENTIONS. APPROVED THIS AYES, DAY OF NAYS AND ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor MINUTES OF THE COLLEYVILLE CITY COUNCIL MAY 6, 2003 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Arp on May 6, 2003, at 5:21 p.m. ROLL CALL: Councilpersons Rich Hendler, Jim Moore and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Director of Public Works Keith Fisher, Chief of Police John Young, Community Development Director Barry LeBaron, Library Director Mary Rodne, Community Development Manager Clayton Husband, Communications Manager Dixie Cawthorne, Administrative Assistant Cindy Martin and City Secretary Cynthia Singleton were also present. PC-1. Discussion of May 6,2003, City Council regular agenda items. There was general discussion regarding the regular agenda items. Mayor Arp declared the Pre-Council meeting adjourned at 6:35 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Arp on May 6, 2003, at 6:45 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Rich Hendler, Jim Moore 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, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Financial Analyst Collin Boothe, Communications Manager Dixie Cawthorne, Administrative Assistant Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. CITY COUNCIL MINUTES MAY 6, 2003 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 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 7:30 p.m. The invocation was given by Pastor David Jung of Crown of Life Lutheran Church, after which Ross Foster led the Pledge of Allegiance. 2. READING AND PUBLIC HEARING - Resolution R-03-2141 - Canvassing the General City Council Election for Mayor and Places 1 and 2 and Special Election To Fill An Unexpired Term, Councilmember, Place 4, held May 3, 2003 Mayor Arp opened the public hearing and read Resolution R-03-2141 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hendler moved to approve Resolution R-03-2141. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 3. OATHS OF OFFICE - MAYOR AND COUNCILMEMBERS, PLACES 1, 2 and 4 City Secretary Cynthia Singleton administered the Oath of Office to Councilmember, Place 1, Mark Skinner, Councilmember, Place 2, Elaine Dolan and Councilmember, Place 4, Jon Ayers. 2 CITY COUNCIL MINUTES MAY 6, 2003 4. RECEPTION FOR MAYOR AND COUNCILMEMBERS The meeting was recessed at 7:45 p.m. for a reception for Councilmembers and reconvened at 7:55 p.m. and the incoming Councilmembers took their places at the Council dais. 5. ELECTION OF MAYOR PRO TEM Mayor Arp opened the floor for nominations for Mayor Pro Tem. Councilman Skinner nominated Councilperson Tigue. Mayor Arp declared Councilperson Tigue as Mayor Pro Tem by acclamation as there were no other nominations. 6. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Arp presented a Proclamation to Police Chief John Young in recognition of National Police Week, May 11 -17,2003. Mayor Arp presented plaques to outgoing Councilmembers Joe Hocutt and Jim Moore. Councilman Moore expressed gratitude to the Council for the privilege of serving on City Council. Councilman Hocutt expressed gratitude to the citizens for allowing him to serve as Councilman, to his family for their support and reviewed the past two year accomplishments of City Council. Mayor Arp introduced and commended Election Judges Bertha Westerman and Helen Lear for their service to the citizens and commitment to conducting the City elections with integrity. City Secretary Cynthia Singleton stated that Ms. Westerman and Ms. Lear deserved high praise for conducting the elections with patience and integrity. Councilman Hendler invited everyone to attend the Allison Horn Benefit, May 9, 2003, at Colleyville Heritage High School. 3 CITY COUNCIL MINUTES MAY 6, 2003 CONSENT: 7. READING AND PUBLIC HEARING - Resolution R-03-2142 - Consent Items: a. Approval of minutes of the regular City Council meeting of April 15, 2003 b. Approval of minutes of the City Council Worksession of March 26, 2003 c. Approval of the recommendation of the Sign Board of Appeals for a variance to allow a 6 foot tall by 11 foot wide by 22 inch deep sign at the entrance of Good Shepherd Catholic Community on Tinker Road with the requirement that the light be turned off at 10:00 p.m. and allow the existing signs to remain, Case G-03-007 d. Approval of the recommendation of the Sign Board of Appeals for a variance to allow a 5' by 10' changeable letter marquee wall mounted sign above the steps on the eastern side of the Sunbelt Gymnastics building located at 4701 Bransford Road, Case G-03-008 Mayor Arp opened the public hearing and read Resolution R-03-2142 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. . Mayor Pro Tem Tigue moved to approve Resolution R-03-2142. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. PUBLIC HEARINGS: 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1403 - Approval of Amendments to Chapter 14 of the Land Development Code regarding drainage, fire lane, construction plans and other engineering requirements, Case G-03-006 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1403. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Ayers commended staff on the development of the ordinance. 4 CITY COUNCIL MINUTES MAY 6, 2003 Councilman Ayers moved to approve Ordinance 0-03-1403. Councilman Dolan seconded the motion. Mayor Pro T em Tigue commended staff for continuing to update and improve the Land Development Code. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1404 - Approval to amend Ordinance 0-92-880 establishing the fee structure for the circulation of materials and replacement and processing fees for materials for the Colleyville Public Library Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1404. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Ed Havran, 303 Oakcrest Hill, spoke regarding the opening of the library, number of volumes available and the use of neighboring city libraries at no charge. Library Director Mary Rodne spoke regarding the TexShare program. 10. READING AND PUBLIC HEARING - Resolution R-03-2143 - Approval to amend Resolution R-02-1925 Authorizing the Approval of the 2001 Drainage Bond Project List Mayor Arp opened the public hearing and read Resolution R-03-2143 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding project costs. Mayor Pro Tem Tigue moved to approve Resolution R-03-2143. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None 5 CITY COUNCIL MINUTES MAY 6, 2003 Mayor Arp declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-03-2144 - Approval of a Construction Contract for Welsh Circle Paving Improvements Project with J.L. Bertram Construction and Engineering, Inc., in the amount of $102,763 Mayor Arp opened the public hearing and read Resolution R-03-2144 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hendler moved to approve Resolution R-03-2144. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-03-2145 - Approval of an Interlocal Agreement with Tarrant County for Glade Road, Rose Street, Cherry Avenue, Lowrie Road and Reagan Road improvements, in amount not to exceed $65,000 Mayor Arp opened the public hearing and read Resolution R-03-2145 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the need for street repairs and cost savings associated with partnering with Tarrant County for road improvements. Councilman Dolan moved to approve Resolution R-03-2145. Councilman Skinner seconded the motion. Public Works Director Keith Fisher provided an overview of the cost savings associated with partnering with Tarrant County for road improvements. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 6 CITY COUNCIL MINUTES MAY 6, 2003 TABLED ITEMS: 13. 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 Councilman Ayers moved to remove this item from the table. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Dr. Jonathan Richard, 201 Rochelle Court, applicant was present to answer questions of the Council. Community Development Director provided an outline of the street perimeter fees and road impact fees. Discussion ensued regarding commercial development of the Thompson Terrace area. Councilman Ayers moved to approve Resolution R-03-2124, with a waiver of $3,000. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. REPORTS: 14. PLANNING AND ZONING COMMISSION MINUTES - March 24, 2003 PLANNING AND ZONING COMMISSION MINUTES - April 14, 2003 COLLEYVILLE LIBRARY BOARD MINUTES - March 10, 2003 HISTORICAL PRESERVATION COMMITTEE MINUTES - March 11,2003 ZONING BOARD OF ADJUSTMENT MINUTES - March 25, 2003 There was no action taken on this item. CITIZEN COMMENTS: 15. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 7 CITY COUNCIL MINUTES MAY 6, 2003 Mr. Ed Havran, 303 Oakcrest Hill, requested that the agenda item for citizen comments be moved to the beginning of the agenda and requested that the City honor military personnel on Memorial Day. ACTION/RESOLUTION: 16. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 6, 2003 - Reading and Public Hearing - Resolution R-03-2146 This Resolution was not needed. ADJOURNMENT: 17. ADJOURNMENT There being no further business before the City Council, Councilman Ayers moved to adjourn. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 8:42 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 8 MINUTES OF THE SPECIAL COLLEYVILLE CITY COUNCIL MEETING MAY 7,2003 The meeting of the Colleyville City Council Special Meeting was called to order by Mayor Donna Arp on May 7, 2003, at 6:07 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Jon Ayers and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy and City Secretary Cynthia Singleton were also in attendance. Councilman Rich Hendler was absent. 1. READING AND PUBLIC HEARING - Resolution R-03-2147- Calling a Run-Off Election for the purpose of electing a Mayor Mayor Arp opened the public hearing and read Resolution R-03-2147 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Resolution R-03-2147. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 2. READING AND PUBLIC HEARING - Resolution R-03-2148 - Approval of an Addendum to the Contract with the Tarrant County Elections Administration for Election Services Mayor Arp opened the public hearing and read Resolution R-03-2148 in its entirety. SPECIAL CITY COUNCIL MEETING MAY 7,2003 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-03-2148. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 3. Adjournment There being no further business before the City Council, Councilman Ayers moved to adjourn. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mayor Arp declared the meeting adjourned at 6:15 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 city Of CQ~n", AGENDA BRIEFING TI..'.\:"~ MEETING DATE: ITEM # : RESOLUTION # : OS/20/03 CITY MANAGER 3c R-03-2149 DEPARTMENT HEAD ~M- FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of the Final Plat of Emerald Park Addition, Phase 1, 20.380 acres located on north side of L.D. Lockett Road, east of Precinct Line Road, Case P- 03-010 - by Consent Reading and Public Hearing Emerald Park Development is the owner of a 20.38-acre parcel of land located on the northeast corner of Precinct Line Road and L.D. Lockett Road. The owner has submitted a Final Plat of the property for review and consideration by the City Council. The plat proposes 72 single family lots and 3 open space lots. Zoning. This property is zoned PUD-R and PUD-C, approved by Ordinance 0-02-1366 on October 1, 2002. The overall density of the development is 3.5 dwelling units per acre. The smallest lot is 7,200 square feet in area, with an average lot size of 7,508 square feet. The typical lot is 60 feet wide and 120 feet deep. Preliminary Plat. The Planning and Zoning Commission approved the preliminary plat on February 10, 2003, and the City Council approved the plat on March 18, 2003. The final plat is consistent with the approved preliminary plat. Open Space. The PUD-R ordinance for this property requires that 20% of the total development be designated as open space. The three open space lots comprise 4.0 acres, or 20% of the development. The homeowners association is responsible for the maintenance of the private open space areas and the associated detention ponds. Emergency Access. There is one primary entrance to the subdivision from L.D. Lockett Road on Crescent Way. A secondary emergency access to Precinct Line Road is proposed on Crystal Way, at the northwest corner of the property. This secondary access enables this subdivision to meet the requirement to provide two entrances to this phase of the development. An interim fire lane will be constructed to this secondary entrance until the time the commercial area develops. At that time, the fire lane will be reconstructed as a public street. Sidewalks. The developer will construct a 5-foot wide sidewalk along L.D. Lockett Road. The residential portion of the project does not require the construction of hike and bike trails. Agenda Briefing Resolution R-03-2149 Page 2 of 2 Drainage. Storm water runoff will be directed to a detention pond located in the open space area in the middle of the subdivision. Separate detention ponds will be constructed when the commercial area develops to accommodate storm water runoff from that area. Extensive drainage improvements will be made as part of this development. Perimeter Street Improvement Requirements. Perimeter street improvements are required for this property since L.D. Lockett Road is considered an unimproved street and the plat contains more than one residential lot. The developer is required to construct one-half of the street or provide an equivalent amount of cash escrow for future improvement by the City. Gated Community. The developer has indicated that this development will be constructed as a gated community with private streets. Approval of the final plat will include approval of the subdivision as a gated community. The homeowner's association will be responsible for the maintenance and repair of the streets and drainage structures. Dwelling Unit Construction Requirements. The PUD-R portion of the ordinance has specific requirements for the houses built within the subdivision. The minimum dwelling unit size is 2,500 square feet, with at least 2,300 square feet located on the first floor. All houses must provide 90% walls and chimneys constructed of masonry, and roofs with a minimum 10: 12 pitch. No more than 40% of the garage doors are allowed to face the street, and the doors must be constructed of wood or wood-faced steel. The owner's surveyor has addressed all Development Review Committee comments. The plat meets the requirements of the Land Development Code. The Planning and Zoning Commission approved this Final Plat at the April 28, 2003 meeting by a unanimous vote. Recommendation Approval Attachments · Location map · Plat · Excerpt from Ordinance 0-02-1366 · Planning and Zoning Commission Minutes Location Map ,.- ,^' I if "~'~~l.~; i! 1 "~/;~~~~/~~~~'~~~~:51 j L~~ " "'v- -,-' r- ~ IN Rilla elr'C'fr<tit= C" r='2> '" r: -"11 It l t{, ~~'~'-"""'>'m>"'. ~, \~\ \\ " \~ ~ ..... CfJ '111-n ~tF i 11 ; I 1 No I' I .~c.- ~..~ I ....... 0.'. .... ..... I r; E . ill' Gl . I ..... <iri'f1': .8 -z:; 4 ..LJ. 9 J1.J .g :":~t:,:::~,,~,,,c;..,.t"T"" m Hurst Plat ~ t::ici..' ~- @i ;J 1:.. ,.~". ..~, J CL --...,~; r-e-@fl~ rUlllh." t . ~ @i " . t ~i I I / . I . . ...../h ,;: .. ------ ---- '"' ... /' a.''.::i bO',;.;.- !J j 1m 1. .<<IIl' 0- (J'WlfKTI mlf.'it----- :7 ... -- r. .(11'" ~\.. a. .'~'~'_ r~~. ~1/ ~~~ E~~~:i~,1 . ~-~ \,~~ ~)f .eY, t <J ~~~_!..;.:.~ no';. U j;. 11 ~ Ii ~ ~,. ";'+~. if ~ r ~ '- Iil'-;:" .....-----.., ft;tf:~~_"1';""~ 1$ 4tl~, 06 1.. n. LOCKETT ROAD ~~... Excerpt from Ordinance 0-02-1366 DWELLING UNIT CONSTRUCTION REQUIREMENTS a. The minimum dwelling unit size shall be two thousand five hundred (2,500) square feet. At least two thousand three hundred (2,300) square feet shall be located on the first floor of the dwelling unit. b. The exterior wall surface area of each dwelling unit shall be constructed of ninety percent (90%) brick, stone, stucco or other masonry material. The area of window and door openings shall not be included in the calculation of this requirement. This requirement shall only apply to the first story of the structure. c. The front elevation wall surface area of the dwelling unit shall not be constructed of siding or non-masonry material. d. The primary roof of the dwelling unit shall be constructed with a roof pitch of not less than a 10:12 pitch. e. All chimneys shall be constructed of brick, stone, stucco or other masonry material. f. Not more than forty percent (40%) of the garage doors shall face the street. Garage doors shall be constructed of wood or wood-faced steel. Planning and Zoning Commission Minutes Case P-03-01 0 - Final Plat of Emerald Park Addition, Phase 1,20.380 acres located on the north side of L.D. Lockett Road, east of Precinct Line Road Clayton Husband presented the case to the Commission and reviewed the staff briefing. Larry Cole, applicant, and his engineer Rod Ekern were present to represent the case. There was positive discussion by the commissioners regarding the layout of the subdivision. Commissioner Culley moved to approve the final plat. Commissioner Kelly seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones Noes: None GiCr O( CITY COUNCIL CCen<e AGENDA BRIEFING Tt.'.,,~~ MEETING DATE: OS/20/03 CITY MANAGER I ITEM # : 4 DEPARTMENT HEAD I ORDINANCE #: 0-03-1404 FINANCE REVIEW i N/ A Previous Action: N/ A DEPARTMENT: FINANCE SUBJECT: Approval to amend Ordinance 0-92-880 establishing the fee structure for the circulation of materials and replacement and processing fees for materials for the Colleyville Public Library Second Reading and Public Hearing In consideration of the fee structure for the circulation of materials, the Colleyville Public Library plans to participate in the Loan Star Libraries prowam and the TexShare Library Card Program. The Loan Star Libraries, funded during the 7i Texas Legislature, as a program of the Texas State Library and Archives Commission, increases the state's investment in public libraries. It makes available $2.9 million per year to strengthen public libraries statewide. This year, money provided by this program will improve and expand library services in 525 Texas communities. The Colleyville Public Library's participation in the TexShare Library Card Program will provide an estimated $5,000 of funding for collection development and library programs. This program also provides Colleyville library patrons access to the area libraries of North Richland Hills, Hurst and Euless at no charge. (See attached). First Reading and Public Hearing As per the attached memorandum, the Colleyville Library Board recently approved the Circulation Policies for the Colleyville Public Library including the fee structure for the books and materials collection and the replacement and processing fees. (See attached). The proposed fees are comparable to other area public libraries. Upon approval, staff will work with The Library Corporation (TLC) to assist in programming the fee structure into the integrated library system. Financial Impact The fees will be included as a source of revenue in the proposed FY 2003 -2004 budget. Recommendation Approval Ordinance 0-03-1404 Page 2 of 2 Attachments . Area Public Library Research and Analysis . Colleyville Public Library - Staff Memorandum . Ordinance 0-03-1404 z o i= <c ~ IX: o u. Z wOO a:::w <co:= ~~ ><01 w- 1-...1 -<c Ww ~a::: I-<C z w c 00 w a::: I z o z I- Z <( c.. [) ~ 0::: <( c.. :::!: <( 0::: C> U'J U'J U'J 0 U'J 0 U'J U'J 0 W W W W W w 0::: >- >- >- z >- z >- >- c.. e 0::: <( U w 0::: <( J: U'J >< W l- I- 0 0 0 0 U'J <( 0 <( <( ~ <( 0 <( 0 0 - r.ti Z - Il) z .,; - r.ti u Z N Z N N Z N ~ ~ ~ ~ 0 0 Z W Z I W I :z. u. Ul c e Q) U'J 0 0::: E w 0 .l!! 0 <( U >- Z Z U I I C I .... Ul Q) C Ul :E Ul I- Q) Q) ell U'J 0 C/) ell U'J z E E >< Ul W W >< W W U Q) Q) >- Z >- Q) >- e Q) I- 0::: I- Q) .... U'J ... c - ~ - C) Q) 0 0 W <( E .... c .... 0::: c ::::I C I iU Q) Q) 0 Q) z 0 Q) "C U "C 0 0 ... 'jjj 'jjj C) c Z ... ~ Q) Q) c. ... .s ... 'ij c >- c >- Q) 0 c Q) c ~ Z <( C <( C/) ..J ..J J: e e >- z z <( !::: :::l ..J U 0 W J: W e :::!: z u ~ ii: <( 0::: U'J 0::: :> 0::: ..J 0 U'J W W I- W J: J: u. W ~ c.. U'J ..J l- I- e ..J 0 <( 0::: ..J 0::: :::l W :::l ..J 0::: :::l W 0 0 CO W u. C> J: ~ Z U'J MEMORANDUM TO: Dianne McWethy, Deputy City Manager FROM: Mary E. Rodne, Library Director DATE: April 14, 2003 SUBJECT: Proposed Colleyville Public Library Circulation Policy In preparation of the Circulation Policy, staff reviewed comparable policies of local libraries. General basic guidelines included in most policies of libraries in this area were included in this policy. For this policy, several decisions have to be made. These include: loan periods for materials, item check out limits and fee charges. In consideration of the above, staff developed two charts: Circulation Materials Restrictions and Replacement and Processing Fees. In developing contents of these charts staff considered the following: "r Fees and circulation loan periods of area libraries "r Proposed collection size of the Colleyville Public Library On the basis of the above, staff proposed the attached Circulation Policy for consideration. COLLEYVILLE PUBLIC LIBRARY CIRCULATION POLICIES o BORROWING PRIVILEGES . ELIGIBILITY TO BORROW Individuals presenting valid Colleyville Public Library cards are eligible to borrow materials from the Colleyville Public Library when the following conditions are met: 1. No materials which are more than one circulation period overdue on their card. 2. No outstanding fines in excess of the set threshold (Appendix A). The library staff may not waive these regulations without the specific permission of the Library Director or his/her designee; however, the patron may request and receive a 24-hour hold on the item(s) he or she wishes to check out to allow the patron to correct the situation, which has resulted in loss of eligibility to borrow. Waiver of these regulations will be granted only if proof of mitigating circumstances and proof of attempts to correct the situation are presented to the Circulation Supervisor or his/her designee. o LOAN PERIODS The library's basic loan period is 14 days. Materials excepted from the basic loan period may have loan periods of 3, and 7 days (Appendix A). Upon a patron's request, extended loan periods for vacations may be made at the discretion of a circulation staff member. Materials secured for a patron on Interlibrary Loan are governed by the circulation policies of the home library and must be returned to the home library on time. o LIMITS ON BORROWING The library reserves the right to limit the number of items in anyone subject area of anyone medium that may be checked out to an individual patron, on the basis of perceived demand for materials on that particular subject or in that particular medium (Appendix A). o RENEWALS Circulation Policy Revised 4/30/03 Page I of3 Most materials may be renewed, in person, by calling the Circulation Department or online by using the patron's library card number and Personal Identification Number (PIN). Library materials not reserved by another patron may be renewed for additional loan periods (Appendix B). Materials that are on reserve for another patron may not be renewed. Overdue materials will not be renewed without payment of any overdue fines. Interlibrary Loan materials that are overdue cannot be renewed. o DRIVE - UP WINDOW SERVICE The library has a drive-up window through which materials may be picked up during library operational hours. For this service, patrons need to call ahead and request staff to retrieve materials for window pick-up. o MATERIAL RETURNS The library has walk-up material returns inside the library and drive-up material returns outside the library. Patrons will be credited with the return of the item on the day it is put in the return. Items returned on a day the library is closed will be checked in the next day that the library is open. u OVERDUES Materials returned after their due date will be assessed an overdue fine (Appendix A) for each day the library was open between the due date and date of return. A fine will not exceed the replacement cost of an overdue item. Overdue notices will be sent out on the following schedule: 1st notice: 2nd notice: 3rd notice: after materials are 7 days overdue. after materials are 14 days overdue. after materials are 21 days overdue. If the materials are not returned one week after the 3rd notice is mailed, the patron will receive a letter revoking their borrowing privileges. o DELINQUENT PATRONS All borrowing privileges will be suspended if a patron accumulates fines in excess of the Library's threshold (Appendix A), or has unreturned materials for a period exceeding 21 days. Borrowing privileges shall be reinstated upon return of the materials and payment of the accumulated fees, or the payment of the replacement cost of the material and the accumulated fees. CIrculation Policy Revised 4/30/03 Page 2 of 3 o LOST AND DAMAGED MATERIAL Borrowers are liable for the replacement cost of any library material lost, damaged or not returned. The charge for replacement shall be the cost of the material as noted in the item record of the Colleyville Public Library Online Catalog. A processing charge (Appendix B) will be added to all items. Borrowers who replace lost or damaged material with an exact copy will be charged a re-cataloging fee (Appendix B). Library staff will determine if the replaced material is an acceptable match. When material is returned with parts missing, the patron is responsible for the cost of the part (Appendix B). If the part is unavailable, the patron is liable for the replacement cost of the original material, plus a processing fee. o LOST AND PAID If a patron recovers library material that has been lost and paid for within one (1) month, the library will refund the cost of the material minus the processing fee. The returned material and the dated receipt of payment must be presented at the time of refund. Circulation Policy Revised 4/30/03 Page 3 of 3 APPENDIX A COLLEYVILLE PUBLIC LIBRARY CIRCULA TIING MATERIALSRESTRICTIONIS MATERIALS LOAN PERIOD LIMITS FEES/FINES* RENEWAL L1MITS** Fiction Books 1 Non-Fiction Books 3 1 Best Sellers 1 Ma azines 3 1 Pam hlets 1 Feature Length 1 DVDs 60 min+ Educational/DVDs 14 da s 3 .25 per da 1 Children's DVDs 7 days 3 .25 per day 1 under 60 min. Com act Discs 5 1 J Kits 3 1 Books on Compact 3 1 Disc J Holiday books 7 days varies by .25 per day o during Holida Holida *Overdue fines threshold is $5.00. ** Renewals are allowed when materials are not on reserve for another patron. Appendix A: Circulating Materials Restrictions Revised 4/30/03 APPENDIX B COLLEYVILLE PUBLIC LIBRARY REP ITEM COST PROCESSING FEE* Library Card $2.00 $0.00 Book Cost of item $5.00 Trade paperback book Cost of item $5.00 Paperback book Cost of item $2.00 Magazine Cost of item $2.00 Compact Disc Cost of item $5.00 Lost Insert Cost of item $1.00 Book on CD Cost of item $5.00 Lost/damaQed CD Cost of single CD $1.00 DVD Current cost of item $5.00 Audio-visual material containers Current cost of item $5.00 Bar Codes/RFID tags $1.00 $0.00 *If a replacement is purchased by the patron, the processing cost is $10.00 Appendix B: Replacement and Processing fees Revised 4/25/03 Page I 01'2 ORDINANCE 0-03-1404 AN ORDINANCE AMENDING ORDINANCE 0-92-880 SETTING FEES AND CHARGES FOR CITY SERVICES, ESTABLISHING SECTIONS OF THE CITY OF COLLEYVILLE CODE OF ORDINANCES, TO BECOME EFFECTIVE UPON PASSAGE WHEREAS, the City of Colleyville charges fees for miscellaneous services and materials as authorized by Ordinance 0-92-880 and it is desirous to add to those fees for the opening of the Colleyville Public Library. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 (k) of the City of Colleyville Code of Ordinances shall be established with the following additions: (k) The following schedule of fees shall be administered by the Library Director: Colleyville Public Library Circulating Materials Restrictions (see attached Exhibit "A") Sec. 2. Colleyville Public Library Replacement and Processing Fees Materials (see attached Exhibit "B") THAT this ordinance is effective upon passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the of 2003. day The second reading and public hearing being conducted on the of 2003. day ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor Ordinance 0-03-1304 Page 2 of 2 APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney EXHIBIT "A" COLLEYVILLE PUBLIC LIBRARY MATERIALS LOAN PERIOD LIMITS FEES/FINES* RENEWAL L1MITS** Fiction Books 1 Non-Fiction Books 3 1 ------_.----~- Best Sellers 1 Ma azines 3 1 Pam hlets 1 Feature Length 1 DVDs 60 min+ Educational/DVDs 14 da s 3 1 Children's DVDs 7 days 3 1 under 60 min. Com act Discs 5 1 J Kits 3 1 Books on Compact 3 1 Disc J Holiday books 7 days varies by .25 per day o during Holida Holida *Overdue fines threshold is $5.00. ** Renewals are allowed when materials are not on reserve for another patron. EXHIBIT "A'" Circulating Materials Restrictions Revised4/30/03 EXHIBIT "B" COLLEYVILLE PUBLIC LIBRARY ITEM COST PROCESSING FEE* Library Card $2.00 $0.00 Book Cost of item $5.00 Trade paperback book Cost of item $5.00 Paperback book Cost of item $2.00 Magazine Cost of item $2.00 Compact Disc Cost of item $5.00 Lost Insert Cost of item $1.00 Book on CD Cost of item $5.00 Lostldamaqed CD Cost of single CD $1.00 DVD Current cost of item $5.00 Audio-visual material containers Current cost of item $5.00 Bar Codes/RFID tags $1.00 $0.00 *If a replacement is purchased by the patron, the processing cost is $10.00 l''iIIIHIT .. Ir Rerl~cc1l1el11 ~nd Processing fees RevIsed 4/25/U3 P~ge I 01"2 CITY COUNCIL city O( CC€iBn'" AGENDA BRIEFING le.-.:.,:; MEETING DATE: ! ITEM # : ORDINANCE # : OS/20/03 5 0-03-1405 CITY MANAGER DEPARTMENT HEAD ,~ FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Zoning Change from CN to PUD-R, 2.05 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive, Case Z-03- 006 First Reading and Public Hearing Backqround Citizens National Bank of Weatherford is the owner of 2.05 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive, west of Brown Trail. The prospective buyer, Boardwalk Homes, proposes to develop the property for single family residential uses. The applicant has submitted a request to change the zoning on the property from CN Neighborhood Commercial to PUD-R Planned Unit Development Residential. The developer proposes to construct six single family lots, with lot sizes ranging from 7,286 square feet to 13,386 square feet. The lots would be located on a cul-de-sac off Cheek Sparger Road. As there is an existing masonry screening wall on the west side of the property, access to Steeplechase Drive is not proposed. The developer indicates that house values would start in the $300,000 range. The subject property is currently vacant. Most of the surrounding property is single-family residential in nature. Property to the north and west is zoned RMF Multifamily Residential and is developed as single family residences (Bridlewood subdivision). Property to the south, across Cheek Sparger Road, is zoned PUD-R and is developed as single-family residences (The Woods at Colleyville subdivision). Property to the east is zoned CN Neighborhood Commercial and is presently vacant. A church is under construction further east on Cheek Sparger Road. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Master Plan designates the future use of this area for office type land uses. This request is not consistent with the goals and objectives of the Master Plan. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The Master Plan also suggests that higher-density projects should be located near major street intersection or on smaller parcels that make less dense development economically difficult. The density of the proposed project is 2.9 dwelling units per acre. Agenda Briefing Ordinance 0-03-1405 Page 2 of 3 Lot Sizes. The PUD-R standards allow for lots as small as 13,000 square feet, provided the average lot size is 16,000 square feet. The lots in the proposed development range in size from 7,286 square feet to 13,386 square feet, with an average lot size of 10,246 square feet. The proposed lot sizes, widths and depths are not consistent with PUD-R regulations. Open Space. The PUD-R regulations require that 20% of the land area be dedicated as open space for the use of the residents in the development and to offset the smaller lot sizes allowed by the regulations. This project proposes 12,379 square feet of open space along Cheek Sparger Road, comprising approximately 13.8% of the development. Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. The developer is also required to construct a 1 O-foot wide hike and bike trail adjacent to Cheek Sparger Road as part of the public improvements to the property. Impact Issues 1. Master Plan. The Colleyville Master Plan designates the future use of this area for office type land uses. This request is not consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are generally developed as traditional single-family neighborhoods. There is a church under construction to the east. 3. Development Trends. Most of the properties in the immediate area are developed. The future development trend appears to be focused on non-residential uses. A church is under construction to the east and a dental office is proposed east of the church. Properties at the northwest and southeast corner of Brown Trail and Cheek Sparger Road are zoned for commercial development. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. The developer is responsible for the extension of water and sewer service lines to the individual lots. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the 2.05-acre parcel is valued at $235,000. The estimated City property tax revenue for the undeveloped property is $816 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. 6. Sales Taxes. The project will not directly generate sales tax revenue. The addition of ten new houses could indirectly have an impact on sales tax revenue due to new residents shopping in Colleyville. 7. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban Agenda Briefing Ordinance 0-03-1405 Page 3 of 3 locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the ten proposed residences would add 96 vehicle trips per day to the surrounding roadways. 8. Public Notification. Staff mailed notices to 21 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. The Planning and Zoning Commission conducted public hearings and considered this request at the March 24 and April 14, 2003 meetings. The Commission recommended denial by a unanimous vote. Since the Commission recommended denial of the request. it will require a super-maiority vote by the City Council to approve the zoninq chanqe. This request must receive four (4) affirmative votes to approve the request. Recommendation Denial, due to technical non-compliance with the Land Development Code and Colleyville Master Plan Attachments · Location Map · Zoning Exhibit · Information from Applicant · List of Property Owners Notified · Correspondence · Planning and Zoning Commission Minutes · Ordinance 0-03-1405 Location Map " " ,.' . .../.. ./../// /\.\..., . <'\ " 1,- '> ", '\:'~. - -'\'-\ '" -, // :\ ( , ~ I, , . '1\) I! :-~) t" ~ . 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(:j \ ~~? <., y~: ,- \ \. \ 04/17/0;) THU 14:49 FAX 214 745 5862 WS&M DALLAS FLOOR 46 141 002 \\aNSTEAD April 17 , 2003 direct dial: (214) 745-5330 jschnurr@winslead.colIl J an Levy Planning and Zoning Assistant City of Colleyville P.o. Box: 185 Colleyville, Texas 76034 Dear Ms. Levy: Pursuant to Subsections 1.18(B)(6) and 1.18(B)(7) contained in Chapter 1 of the City of Colleyville Land Development Code, we hereby request consideration by the City Council of the Planning and Zoning Commission's April 14, 2003 denial of Case No. Z-3-006-PUD-R as Boardwalk Homes desires to proceed with the proposed zoning request.. Please advise me as soon as possible whether this case will be scheduled for the May 6, 2003 Council meeting. Should you have any questions concerning this matter, please contact me at (214) 745-5330. Very truly yours, &hnurr cc: Monte Thomason (viafacsimile) Clayton Husband (viafacsimile) DAl.I..AS .1\31102343\1 4ll81t0-1 04/1712003 1-8-' E,.;.' ~f.;:ii~~."".'-" 1:1':............D......... ;. '<,.J .':.t..,.... JL... , r APR 1 7 2003 -'~, [" .....10../ L",.j CI!Y (";f (';ULLr..V\/H . \.' t~('(1 ;' t i "' '-'"'\.1" J~'i .-'\.:~.~...' ':'."1 . '1\),VlMIJr.l~ y Lh:.Vt. LII-~L1": 5400 RENAISSANCe TOWER 1201 ELM STllEET DAl.LJ\S. TEXAS 7P70 PIT ~14,74~-'400 I'I\X 214. 74~, ~,yo WINS1.EAD,COM WLNSTE/ID S~aJRL';'r & Mll'M.K !lll(lt"l/r}~r ,md CfJ/Olfe!,Wf ,1 PrO/oJ/II III"; (.')'P"',31;,,,, Jlm/i7l.. D..//..." rorr Won/!. H',Nrr,m, ~f(:1C_it:f; eit)'. '1'/" 11?oodl.."ds, W"Jhi').~"J7), DC STATEMENT OF PLANNING OBJECTIVES Northeast Corner of Cheek-Sparger Road and Steeplechase Drive Approx. 2.0506 acres The applicant is requesting a change in zoning from a CN Commercial District to a PD- Residential District to be developed in accordance with the submitted plans for single family detached homes. The site is located at the northeast comer of Cheek-Sparger Road and Steeplechase Drive. The adjacent properties to the north, west across Steeplechase Drive, south and southeast across Cheek-Sparger Road are all developed as single-family residential. Immediately adjacent to the site to the east is a vacant lot and a future Church. Access to the site is limited to Cheek-Sparger Road. A screening fence located in the City right-of-way prohibits access to Steeplechase Drive along the western portion of the site. The requested zoning is the highest and best use of the property and compatible with the surrounding zoning. The requested zoning is appropriate for this particular location due to the site's restricted access and limited retail/commercial development potential. In addition, retail/commercial development at the site will adversely impact the surrounding single-family residential lots with increased traffic and noise as well as vehicle headlights shining towards the developed single-family homes across Cheek-Sparger as cars exit the site. The prospective purchaser, Boardwalk Homes, L.P., seeks to develop the site with 10 single-family lots, with lot sizes ranging from 6,153 sq.ft. to 7,278 sq.ft. The value of the homes to be constructed on each lot will start at approximately the $300,000.00 range. Each of the lot values are estimated to be approximately $90,000. Development of the lots are expected to begin within 2 months of the approved re-zoning of the property. Home construction is anticipated to begin shortly thereafter. DALLAS_11J773 175\1 40880-1 02/13/2003 Citizens Nat'l Bank Weatherford PO Box 259 Weatherford, TX 76086 Curtis Ramey 4901 Meadowbrook Dr Fort Worth, TX 76103 Robert & Marie Peters 4000 Steeplechase Drive Colleyville, TX 76034 Steven Lundgren 4002 Steeplechase Drive Colleyville, TX 76034 Roy & Georgia Bean 4004 Steeplechase Drive Colleyville, TX 76034 Thomas & Christy Caunitz 4006 Steeplechase Drive Colleyville, TX 76034 John & Tama Lucas 4008 Steeplechase Drive Colleyville, TX 76034 Warren & Byrd Young 4010 Steeplechase Drive Colleyville, TX 76034 C A & Scott Lingard 301 Bridlewood S Colleyville, TX 76034 Carlos & Susan Bazaldua 305 Bridlewood S Colleyville, TX 76034 Frank & Diane Tabone 309 Bridlewood S Colleyville, TX 76034 Janet Hines 401 Bridlewood S Colleyville, TX 76034 Terry & L Wells Crunk 405 Bridlewood S Colleyville, TX 76034 Everett & Deborah Logan, Jr 3909 Oakbriar Lane Colleyville, TX 76034 Edwin & Laurel Fultz 309 Cheek Sparger Road Colleyville, TX 76034 Debra Patterson 313 Cheek Sparger Road Colleyville, TX 76034 Bruce & J 0 Ann Ingram 401 Cheek Sparger Road Colleyville, TX 76034 John & Terri Gregg 405 Cheek Sparger Road Colleyville, TX 76034 James & Cathleen Beaver 3916 Oakbriar Lane Colleyville, TX 76034 Complimentary COpy to: Brid1ewood Estates HOA Kurt Barrett, President 4102 Wellington Drive Colleyville, TX 76034 Complimentarv Copv to: Brid1ewood Estates HOA Louis Gasper, Contact Person PO Box 1142 Colleyville, TX 76034 Complimentary COpy to: Woodbriar Estates HOA Pam Brandon, President 3608 Briarbrook Court ColIeyvilIe, TX 76034 Complimentarv Copy to: The Woods ofColleyville HOA Dave Hamacher, President 3805 Treemont Circle Colleyville, TX 76034 James Schnurr, Applicant W instead Sechrest & Minick 5200 Renaissance Tower 1201 Elm Street Dallas, TX 75270 Case Z-03-006 (1st Notices dated: March 14, 2nd Notices dated: March 25, 3rd Notices - appeal to Council - dated: April 29, 2003) According to the last published Tax Record, individuals who own property that is within the 200' of the pr?po~ed special use permitland-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy Planning & Zoning Assistant 7- Planning and Zoning Commission City of Colleyville P.O. Box 185 Colleyville, TX 76034 1..:' "- '!; I;~- 4i~~-D-" .'\ L .!L,,, ta...... I r~ -" --", - ,-, ----'-".".-1..,.... I MAR 2 4 Z003 L, j \"'~ \ !, ~_",__",."'~ _,. '_,n~_.! , ..( Y Ci COLL[{Vll ('r\"~M.\j'NITV [)l:"VF!i I' ':\ikNT J ~~, \V~, " .., L __ u l-...; --...~=.-,.....--_.~..-..~,. March 22, 2003 RE: Z-03-006 (Zoning Change at Steeplechase Drive and Cheek-Sparger Road) Dear Planning and Zoning Commission: As property owners at 4000 Steeplechase Drive, we have been notified of the petition for zoning change regarding the two-acre tract of land located at the northeast comer of Cheek-Sparger Road and Steeplechase Drive. As we are unable to attend the meeting scheduled for March 24,2003, the purpose of this correspondence is to voice our opinion regarding the proposed change. First of all, we approve the zoning change from CN to PVD-R. We would prefer that homes be built in those particular tracts of land instead of commercial development. However, please know we are opposed to the proposed layout of the homes for the reason that the front of our home will be facing the rear of the new homes. It is our suggestion that "Del Mar Court" should be constructed in a horseshoe pattern or V-shape around the exterior of the property (see attached drawing). The homes then could be situated facing the road. The result would be that the backyards would be joined, as they are in most, if not all, neighborhoods. By doing so, the residents on Steeplechase Drive would not be subjected to looking at the rear of the property, where residents tend to put trash cans, wood piles, play sets, etc. Thank you for allowing us input on the proposed rezoning change. Should you have any questions about our comments, please do not hesitate to contact us at (817) 605-0609. Sincerely, Sincerely, .'qq-e~- ( ')/11 ' ./] ,l(~ L1' /7 J~~ Robert E. Peters Marie A. Peters ....""'.--..=>=L.'-"". LWi'~"Jl\JO\liNn\'Jf!\!'. ' r~/,it'.]-rlOJ "-) I~'-'-:-_- --n MAR 2 4 2003 it.., 'l";;' a'ILEOO~t~-~'} : '; , :=I I .;;-.~. .'~c en 0[\(;0" ~ J l_=c:.YW;'.JNHY [)EVT: '.,\J!!..;~1 '~"""'"",,,,,-.-." '--'~','~..~.~--.,,- .--.,_......."'-...._v;_ Del Mar Court I I I I I I I I I ~I UI 51 ~I I I I I I I 0 ....... r- oo 0'1 +-' 1.0 +-' +-' 0 +-' +-' 0 .....:l 0 0 0 .....:l .....:l .....:l .....:l lrl M ....... +-' "'1" ('.l +-' 0 +-' +-' 0 0 - .....:l 0 0 .....:l .....:l .....:l .....:l Ei o u a ~ - (]) Q ~ I I I I I I I I L_____ lIDOJ l~W PO -------------------- --------------------~~d ~s~q~~ld~~lS M (]) OJ) a 0.. rn ~ (]) (]) ~ u M Q) 00 ;:; 0.. rn I ~ (]) (]) ~ u BoardlValk Holltes April 4, 2003 City Of Colleyville Clayton Husband Community Development Manager 5400 Bransford Rd. Colleyville, Tx 76034 Re: 2.05 acres located at the northeast comer of Cheek Sparger Road and Steeplechase Drive Dear Mr. Husband, Please find enclosed, the revised plat for Villas Del Mar. Should you have any questions or concerns, do not hesitate to call James Schnurr or myself. James Schnurr can be reached at 214-745-5330. In addition, next week we will be meeting with the area HOA members, to discuss the revised plat and answer any questions that they may have regarding the proposaL Thank you for your time and consideration of the foregoing information. Sincerely, ~~~ '1~~~ ~age;IUm L Po Box 121142 Arlington, Tx 76012 817-461-9906+ 817-461-4979 Planning and Zoning Commission Minutes March 24. 2003 Case Z-03-006 - PUBLIC HEARING - Zoning Change from CN to PUD-R, 2.05 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Sellers asked Fire Marshal Jones if he was satisfied with the one entrance into the subdivision and about the turning radius. The Fire Marshal said the Land Development Code does not require more than one entrance for only ten lots and the houses are not required to have interior fire sprinkler systems. He said the street is not long enough to require a full turning radius in the cul-de-sac. Commissioner Jones said there are unique parcels in the city yet to be developed and he is in favor of bending a few rules in order to develop those properties; however, this proposal appears to be fracturing the rules. Staff responded there are other approved developments that have similar lot sizes. They mentioned the Villas at Caldwell's Creek and Westgate Villas; however, these subdivisions have open space and the proposed subdivision does not. Chairman Wall opened the public hearing. Those present wishing to speak were: Jimmy Schnurr, applicant. Commissioner Jones asked if it was possible to have open space in the subdivision. Mr. Schnurr said it was not economically viable. He explained that Boardwalk Homes is purchasing the property under commercial rates, yet they believe strongly the area is a residential area and not designed for commercial development. He said it is not a good commercial site as it has residential development on three sides. He explained there would be ten custom-built single family homes, with no two story structures, in the $300,000 range. Mr. Schnurr said the only access to the property is from Cheek Sparger Road since Bridlewood Estates owns the brick wall that runs along the western property line. He said that a commercial development on the property would generate more traffic than ten residential lots. He said he spoke with Bridlewood Estates, The Woods of Colleyville, Wood briar Estates and Saddlebrook Estates Home Owner Association representatives and the developer plans to mirror the Bridlewood HOA deed restrictions. He said this would be a high quality project that will benefit the area. Commissioner Sellers asked about the positioning of garages. Monty Thomason, Vice President of Boardwalk Homes, explained this would not be a gated community and the average home would be approximately 2,400 square feet and start at $290,000. He said there would be no front entry garages, but they would probably have a front swing garage entry. Jo Ann Gasper, 4103 Paddington Way, said she would like the property to develop residential; however, there may be a line of sight problem when existing off Steeplechase. She expressed concerns about density and she encouraged the Commission to include the deed restrictions within the approving ordinance. Steve Knight, 3917 Felps Court, expressed concerns about commercial zoning in the area and said he believed that residential would be the highest and best use of the property. He said he has concerns about the density and said the developer commented that fewer lots were not viable because of the commercial rates. He said the developer should not pay commercial rates and he advised the Bridlewood homeowners to hold out for a better proposal for a residential subdivision on the property with fewer lots. He said they should not feel as if this is the only thing that could be developed on the property. Tom Caunitz, 4006 Steeplechase Drive, said his house would face the back corner of the development and he would be looking at the rear of houses. He said when he saw the pictures of proposed home designs, he thought there would be nice looking houses, but he is concerned about the number of houses. Pam Brandon, 3608 Briarbrook Court, said she is the president of the Wood briar Homeowners Association and they discussed the proposal at a Board meeting. She said there are concerns about the speed of cars on Cheek Sparger and the number of accidents due to the curve in the roadway. She said something needs to be addressed about the road alignment for safety reasons. Steve Lingard, 301 Bridlewood South, said he lives on the corner on Lot 1. He asked questions about the distance from the fence to the rear of the houses, and about the proposal for a 1 % story house on the rear lots within the subdivision. He said he did not want someone to have full view into his property. Mr. Lingard also expressed concerns about traffic and speeding on Cheek Sparger. Robert Peters, 4000 Steeplechase Drive, said he would also be facing the back yards of the proposed homes. He said he sent a letter to the commissioners proposing a different layout for the subdivision that will create a horseshoe drive around the houses. There being no one else present wishing to speak, the public hearing was closed. Commissioner Swift said he thinks that single family homes should be built in this area; however, he has issues about density, lack of open space, and the precedent it will set by creating such a high density with the adjoining property that still has the potential for being developed. He said this would be a big mistake. There was discussion about the vacant lots in the area and the plans for development in the area. Commissioner Kelly said the Master Plan is currently being updated and they have no way of knowing what that plan will look like. He said the concerns about traffic are valid and if this property is developed, the traffic may turn out into an area of Cheek Sparger that needs to be aligned as required by a new Master Plan. Commissioner Jones moved to deny the zoning change. He said the area may be appropriate for residential development, but there are too many other issues with the request. Commissioner Swift seconded the motion. The applicant addressed the Commission and asked that the request be tabled so that they may continue to work with the surrounding neighbors and address their concerns. Commissioner Jones withdrew his motion. Commissioner Swift said he would not remove his second. It was determined that Commissioner Jones' withdrawal did not require Commissioner Swift to withdraw his motion to be valid. Commissioner Byerly moved to deny the zoning change. Commissioner Swift seconded the motion. The vote being: Ayes: Swift, Byerly Noes: Kelly, Sellers, Jones, Wall [Note: The motion to deny was not approved.] Commissioner Sellers moved to table the case until the April 14, 2003, meeting. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Sellers, Jones, Wall Noes: Swift, Byerly April 14, 2003 Case Z-03-006 - TABLED ITEM - Zoning Change from eN to PUD-R, 2.05 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive Commissioner Jones moved to remove the item from the table for discussion. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There was discussion by staff and the commissioners about the changes in the number of lots, the size of the lots, the density of the subdivision, and the plans to offer open space that will help in the realignment of Cheek Sparger Road. Mr. Husband distributed a larger size of the revised zoning exhibit that reflected the changes. He told the commissioners that a ten foot (10') wide trail is required along Cheek Sparger Road and the applicant has not asked for a waiver from the requirement. Chairman Wall moved to reopen the public hearing. Commissioner Swift seconded the motion. The motion passed by acclamation. Those present wishing to speak were: Jimmy Schnurr, applicant, told about how they took the issues that were problematic to the surrounding homeowners and redesigned the subdivision by reducing the number of lots, and adding some open space. He introduced the developer, Monte Thomason. Monte Thomason, developer, said he met with the Bridlewood Estates Homeowners Association and addressed the line of sight issue by placing open space along the southwestern portion of the subdivision. He said the proposed subdivision will have an entry feature that is compatible with Bridlewood Estates, they reduced the number of lots 20% from 10 lots to 8 and now offer approximately four dwelling units per acre. He said they redesigned the subdivision so that the smaller lots would abut the commercially zoned property to the east and the largest lots would abut the residential lots to the north. He said they now have a 45% reduction in paved area and they will limit the houses along Steeplechase and the two northern lots to one story and there will be three lots along the eastern side of the subdivision that will be allowed to have 1 % story homes. Mr. Thomason said they will exceed the Bridlewood deed restrictions and they will require 95% masonry coverage and no front-entry garages. He said there will be a HOA that will maintain all grass and landscaping and he plans on planting 15' to 17' live oak trees along Steeplechase to the west of the subdivision and they agree to the construction of a ten foot trail that is required along Cheek Sparger Road. He said they contacted Woodbriar Estates, The Woods of Colleyville, and the Saddlebrook homeowners associations to inform them of the proposed changes. Commissioner Swift asked staff about the zoning and use of the lots to the east. There was discussion about the use of the property along Cheek Sparger. Commissioner Swift asked the fire marshal if he was all right with the reduction of paved area in the subdivision and Fire Marshal Jones responded that he did not have any problems with it and it is adequate for that length of street. Tom Caunitz, 4006 Steeplechase Drive, represented the Homeowners Association for Bridlewood Estates and said they met with the developer at the annual HOA meeting. He said they liked the changes and there are tremendous selling points. He said everyone at the meeting is in favor of a residential use for the property and the developer has worked with them to provide landscaping along Steeplechase. Pam Brandon, 3608 Briarwick Court, said she is president of the Woodbriar HOA and is in favor of the changes made by the developer. She said she spoke to four out of the six residents who live along Cheek Sparger Road as they would be most impacted by the development. She said they were in favor. D. J. Garmon, 3720 Oakbriar, said he was very concerned about traffic. He reported that people use Woodbriar Estates as a cut-through and they don't obey the speed limits or stop signs. He said he doesn't agree there would be more traffic generated by a commercial use than a residential development on the property. He said the density is still too high and Bridlewood Estates and the Woods at Colleyville were required to provide 20% open space. Steve Knight, 3917 Felps Court, spoke in opposition. He explained where he lived in relationship to the zoning change request. He said that density is a problem and sited the Sparger/Felps Addition as setting a trend in the area. He told the commissioners that Bridlewood's higher density was a result of the land being originally zoned multi-family and the desire of the citizens to have single family homes on the property rather than multi-family. He encouraged the commissioners to not keep scaling down the size of lots in Colleyville. He agreed that residential is the best use of the land, but still believes there is crunch room and the lots could be larger and fewer. There was no one else present to speak, and Chairman Wall closed the public hearing. Commissioner Jones moved to deny the zoning change as proposed. Commissioner Swift seconded the motion. There was discussion by the commissioners following the motion. Commissioner Culley said he agrees with the denial and the development needs more green belt and also density is an issue because the lots are significantly smaller than Bridlewood. Commissioner Byerly spoke about the need to jealously guard the adjoining commercial space and take a wait and see position in case commercial can develop in the area. Commissioner Kelly said even the representatives from Bridlewood supported reducing the density in order to have residential development on that property. Chairman Wall called for the vote. The vote to deny being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None Chairman Wall explained that the case can go to City Council for consideration; however it will require a super majority approval vote to grant the zoning change request. ORDINANCE 0-03-1405 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 2.05 ACRE TRACT OF LAND OUT OF THE B.B.B. & C.R.R. COMPANY SURVEY, ABSTRACT 228, FROM THE CN NEIGHBORHOOD COMMERCIAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by James Schnurr for Citizens National Bank of Weatherford on February 17, 2003, under Case No. Z-03-006; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds description attached as Exhibit "B", by changing the zoning of said property from the CN Neighborhood Commercial district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "C", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R shall be subject to the following conditions: 1. GENERAL a. The purpose of the PUD-R area is for single-family residential development. Ordinance 0-03-1405 Page 2 of 4 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. Single family residences, detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: (6) Rear Building Line 7,200 square feet 55 feet 100 feet 20 feet 5 feet interior lots 10 feet corner lots 15 feet (1) Minimum Lot Size (2) Minimum Lot Width (3) Minimum Lot Depth (4) Front Building Line (5) Side Building Line b. The maximum number of single family lots allowed within this development shall be six (6) lots. 3. DWELLING UNIT REQUIREMENTS a. All houses constructed in this development shall be single-story structures. b. All houses shall be situated on the lot so that the garage door does not face the street. 4. OPEN SPACE a. The PUD-R area shall provide a minimum of thirteen (13) percent of the residential project area as common open space for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. b. The common open space may be utilized for storm water detention purposes. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-03-1405 Page 3 of 4 5. CONCEPTUAL SITE PLANS AND PLATTING a. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit "C", which shall be not considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate physical, topographic, drainage or other conditions. b. Prior to the issuance of any development permits on the subject property and as a condition to the development of the subject property, the developer shall obtain approval of a preliminary plat and a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 6. STREETS AND SIDEWALKS a. The developer shall construct a 10-foot wide hike and bike trail along Cheek Sparger Road at the same time as other public improvements are constructed in the subdivision, unless funds are escrowed with the City for future construction of the sidewalk. b. Each homebuilder shall construct sidewalks along lot frontages. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. 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 0-03-1405 Page 4 of 4 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 Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney EXHIBIT A - ZONING MAP EXHIBIT B - METES AND BOUNDS DESCRIPTION BEING a 2.05 acre tract of land in the B.B.B. and C.R.R. Company Survey, Abstract No. 228, situated in the City of Colleyville, Tarrant County, Texas and being a portion of a remainder of that certain Tract 1 conveyed to Charles S. Owen, Curtis E. Ramey and Joan K. Whigham by deed recorded in Volume 6107 Page 339 of the Deed Records of Tarrant County, Texas (DRTCT), and being more particularly described as follows: BEGINNING at the southwest corner of Lot 1, Block 6, Bridlewood Estates, as shown on plat in Cabinet A, Slide 1780, Plat Records, Tarrant County, Texas for the northwest corner of said remainder of Tract I, from which point a 5/8-inch iron rod found for reference bears North 89 degrees 24 minutes East 1.0 foot; THENCE North 89 degrees 24 minutes 20 seconds East (base bearing North 89 degrees 24 minutes 22 seconds East per Bridlewood Estates plat) along the south line of said Block 6, Bridlewood Estates for the north line of said remainder of Tract I, a distance of 289.26 feet to a 5/8-inch iron rod set for corner; THENCE South 00 degrees 28 minutes 45 seconds West, crossing said remainder of Tract I, a distance of 307.21 feet to a 5/8-inch iron rod set in the south line of said Tract I and the north right-of-way line of Cheek Sparger Road (a variable width right-of-way); THENCE South 89 degrees 26 minutes 40 seconds West with said south line of Tract I and north right-of-way line of Cheek Sparger Road, a distance of 292.56 feet to a 3/8- inch iron rod previously set in asphalt pavement for the southwest corner of said remainder of Tract I at the intersection of said south line of Tract I and north line of Cheek Sparger Road with the extended east line of said Steeplechase Drive; THENCE North 01 degrees 05 minutes 40 seconds East to and with said east right-of- way line of Steeplechase Drive for the west line of said remainder of Tract I, in all a distance of 307.09 feet to the Point of Beginning and containing 89,326 square feet or 2.0506 acres of land, more or less. ?' EXHIBIT C -CONCEPTUAL SITE PLAN , ".~ '. Bi..OC~: 6 ,., l"'.... t ,.., t " . ", " ,f"''''- ,..- i'" ~<<. "... II II . \/11 I I I I I I ~.~. ......,.., t "...""..._ _ .-" ,.I "'''' LJ" t..-_ ,..... .I .I.......... ,- .... CI>> .. CD CD " - CD n III _ Iii - 1- .. ~I en II CD .,,! a ~I ::I. il = '1 1".1 .. I I I I I ! I !i I ~ I il I I 1~' lUlIl . P;4OIf . ".... . Cheek Sparger Road ..------- ~Ii"'''''f''"'f''''' '/II I I I I I I \It '" ''''i,.J ,..-, ....,.- . -.- f""- ,... ....~ I " I .... ~. ~_ .... l ,-\ t \.._.....~ 6 ! " r, I ...., "I ~.. I I' .... "". t "\ ! ,-\. \ :: II CITY COUNCIL CC@mCO IL~X~$ AGENDA BRIEFING MEETING DATE: I OS/20/03 ITEM # : 6 RESOLUTION # : R-03-2150 CITY MANAGER ! DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval of nominations to the North Central Texas Council of Government Regional Rail Corridor Study Technical and Policy Committees Reading and Public Hearing The North Central Texas Council of Government (NCTCOG) has formed Policy and Technical Committees of the Regional Rail Corridor Study. The Policy Committee will consist of locally elected officials, district engineers, private sector leaders and transportation authority board members. The Technical Committee will consist of private and public transportation professionals. Each City is encouraged to nominate persons to serve on the committees. Members will serve for the duration of the study, which is an estimated 12 to 18 months. Financial Impact None Recommendation Approval Attachments · Letter from North Central Texas Council of Government · Resolution R-03-2150 04/22/03 14:12 '5'6403028 NCTCOG TRANSPORT III 002/004 NorthCentral Texas Council Of Governments TO: County Judges and Mayors within Collin, DATE: March 20, 2003 Dallas, Denton, Ellis, Johnson, and Tarrant Counties Max W. Wells, Chair, DFW International Airport Gyna Bivens-Mathis, Chair, Fort Worth Transportation Authority Robert W. Pope. Chair, Dallas Area Rapid Transit Charles Emery, Chair, Denton County Transportation Autholity Jay Nelson, P.E., District Engineer, TxDOT-Dallas Maribel Chavez.. P. E., District Engineer, TxDOT- Fort Worth FROM:" Michael Morris, P.E. Director of Transportation . SUBJECT: Regional Rail Corridor Study - Formation of Policy and Technical Committees This letter is to solicit your input regarding persons to serve on Policy and Technical Committees of the Regional Rail Corlidor Study. The Regional Transportation Council set aside $1,325,000 in technical planning funds to expedite transit improvements in the region. The study encompasses corridors within Collin, Dallas, Denton. Ellis, Johnson, and "Tarrant Counties. For your convenience, a map is included as Attachment 1. The Policy Committee will consist of locally elected officials, district engineers, private sector leaders and transportation authority board members while the Technical Committee will consist of private and public (e.g.. local, regional, State and federal) transportation professionals. Please use Attachment 2 to provide North Central Texas Council of Government (NCTCOG) staff with your suggestions regarding persons to serve on each of the committees. We are requesting a deadline of Friday. Ap~1 4, 2003 to receive your suggestions. Given your location, there will be occasions where you wish to make suggestions on more than one corridor. Existing committees will be used in the Trinity Railway Express (E-1 and W-3) and Denton County Corridors (E-2). By copy of this letter, NCTCOG staff is also soliciting committee suggestions from your Executive Staff. The return fax sho.uld be directed to the following: Barbara C. Maley, AICP Principal Transportation Planner (817) 640-3028 (fax) Members Of the two committees will serve for the duration of the study, which is estimated at 12 to 18 months. While staff supports the effort through study oversight and travel demand forecasting, consultant assistance has been obtained for'rail operations, planning/public participation, and engineering services. Should you have any-questions and/or comments on the above information, please call Barbara Maley or me al(817)695-9240. ~. BCM:cs" Mic ael Morris, P.E. Attachments cc: County Administrators and City Managers Jeffrey P. Fegan, Chief Executive Officer, OFW International Airport Gary Thomas. President/Executive Director, DART Richard Ruddell, President/Executive Director, FWTA 2002..Q3 UPWP Element 3.04 Project File 616 Six Flags Drive. Centerpolnt Two P. o. Box 5B88, Arlington, Texas 76005-5888 (817) 640-~OO FAX; 817-640-7606 * recycled paper http;//www.dfwinfo.eom 04/22/03 14:13 "6'6403028 NCTCOG TRANSPORT III 003/004 ATTACHMENT 1 REGIONAL RAIL CORRIDOR STUDY ( , . , , . , , , . . , , . I , , , , , . , ,...,..rl':"'~~",.,,-J'-"~. .. : - --. ...........~ -..... --.. - -....Jo.. e...wrr.~ I J ,"' , , - --- --- Joshua . . , N ~ A ,/" Clebume ." I Nor1hNst: RAIL CORRIDORS E-3: Dallas A1ea RapId Transit: PIanof.AUenlMi:Klnn8y E....: Burllngtun North8m Santa Fe: ~1tonm1e CoIonylFrisco Southeast: 505: Burlngton Nor1h8m Santa Fe: DuncanvlllelCedar Hill/llldlothlan E-6= Burllngton l\Iorthem Sua Fe: DIIR~ OaklWaxahachle I \Y.1: UnIon PKffIc "nine: Fort WowthlDallas (InducIIs Dorothy Spur) Iw..: Burlington Northern s.nta Fe: FDI't W~leytBurlesonfJosh..alClebume I [W-2: Fort Worth & westemlcotton Belt: Southwest Fort WorthITlIffi\Jrt County line I LEGEND .. A11pDl1& ~ County LInn <<~U 00nldanI Under Study ~~ 2025 Plan Update - Passeng8l' Ran 0%. Railrcads , i';, EastIURS Corponllon w .. Westlc.tef..~rges&. Inc. Map~ ~1B,2D03 1. Northeast (E-3 and E-4): Policy: Policy: Technical: Technical: 2. Southeast (E-5 and E-6): Policy: Policy: Technical: Technical: 3. Union Pacific Mainline (W.1): Policy: POlicy: Technical: Technical: 4. Burlington Northern Santa Fe (W-4): Policy: Policy: Technical: Technical: 5. Fort Worth and Western/Cotton Belt (W-2): Policy: Policy: Technical: Technical: 04/22/03 14:13 ft6403028 NCTCOG TRANSPORT III 004/004 ATTACHM-=NT 2 RESOLUTION R-03-2150 APPROVAL OF NOMINATIONS TO THE REGIONAL RAIL CORRIDOR STUDY TECHNICAL AND POLICY COMMITTEES WHEREAS, the Colleyville City Council supports the City of Colleyville's participation in the North Central Texas Council of Governments Regional Rail Corridor Study to serve on the Technical and Policy Committees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby nominates serve on the Policy Committee. to Sec. 2. THAT the Colleyville City Council hereby nominates Clayton Husband to serve on the Technical Committee. AND SO IT IS RESOLVED. PASSED BY A VOTE OF ~YES, _NAYS, AND _ABSTENTIONS ON THIS THE DAY OF 2003. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL cc#ra!il:1l AGENDA BRIEFING TC'~~S MEETING DATE: ITEM # : RESOLUTION # : OS/20/03 7 R-03-2151 CITY MANAGER ' DEPARTMENT HEAD ' FINANCE REVIEW , Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a request by Kurt Watkins for an Outdoor Music Festival permit for June 21, 2003, at Finz Tropical Grill, 5005 Colleyville Boulevard, Case G-03-009 Reading and Public Hearing Kurt Watkins is seeking a permit for an Outdoor Music Festival to be held in the parking lot of the shopping center where Finz Tropical Grill is located at 5005 Colleyville Boulevard. The event is planned for June 21, 2003 from 11 :00 a.m. to 9:00 p.m. It is being billed as a family event with attractions for children, food and drink booths and a stage for the bands. The Colleyville Code of Ordinances requires City Council approval of a mass gathering permit when it is anticipated that such an event will attract more than 500 people. Mr. Watkins has met on several occasions with representatives from the Police Department and Fire Department regarding his responsibilities to provide adequate event staff, restroom facilities and emergency service facilities associated with the event. The Colleyville Code of Ordinances requires the applicant to provide these services at his expense. The following is a list of the key issues associated with the event. Fencing. The event operator will install a temporary 6-foot chain link fence around the site and provide one entrance point to control access to the event. Security. The event operator will provide 16 security personnel plus four off-duty police officers, paid by the event operator, for purpose of crowd control and security. Parking. The event operator has secured permission to use the parking lot at the old Kmart site for event parking. Two security personnel will be stationed at the parking area. The event operator intends to use a shuttle service between the parking lot and the event location. Restroom Facilities. The event operator will contract with a private firm to furnish and periodically clean ten portable restroom facilities at the event site. Alcohol Sales. The event operator has applied for a special event permit from the Texas Alcoholic Beverage Commission (T ABC). The permit will not be issued until the operator has obtained approval to hold the event from the City Council. All attendees will be given a Agenda Briefing Resolution R-03-2151 Page 2 of 2 wristband that will be color coded to identify minors, who are not eligible to purchase alcoholic beverages. The T ABC will also perform an on-site inspection of the event. Designated Drivers. The event operator has agreed to have a taxi company on stand-by, at the event, to provide transportation to persons, as necessary. Health Department. The event operator has contacted the Tarrant County Health Department to apply for a special permit for the event. The Tarrant County Health Department will inspect the food handlers and facilities on the day of the event. Emergency Services. The event operator has an emergency first-aid station on the property to handle first-aid needs. Serious injuries will require contacting the Colleyville Fire Department for regular ambulance service. Event Permit Fee. The event operator has agreed to pay the City of Colleyville a permit fee of $250. Attached is additional information provided by Mr. Watkins regarding the event. The attached resolution specifies all the requirements imposed on the event operator. The event operator has been advised that all requirements must be met or the event will be closed. Recommendation Approval Attachments · Applicant's request letter · Event location map · Music festival outline · List of event participants · Resolution R-03-2151 , ffN2 fErr 2003 ATTN: FROM: COLLEYVllLE CITY LEADERS KURT WATKINS V.P. TROPICAL RESTAURANTS L.L.c. WE AT FINZ ARE ATTEMPTING TO PERMIT AND HOST FINZ FEST 2003 IN OUR PARKING LOT AT 5005 COLLEYVILLE BLVD ON THE DAY OF .lpNE 1ST 2003. FINZ FEST WILL BE AN OUTDOOR MUSIC FESTIVAL WITH LIVE MUSIC FROM A MAIN STAGE WITH 9 FEA TIJRED BANDS. THESE BANDS WILL BE *BRIAN BURNS *TERRY RAZOR *TUCAN BROTHERS *mST BROTHERS *BAD MONKEYS *BRENDEN PREECE (SENIOR AT BIRDVILLE HIGH SCHOOL) *VEL VET LOVEBOX*JOE KING CARRASCO, and LARRY JOE TAYLOR (WHO BE RELEASING HIS NEW CD). FINZ FEST WILL ALSO BE CATERING TO THE NEEDS OF OUR PATRONS BY PROVIDING VARIATIES OF FOOD, BEER, MARGARITAS, T-SHIRTS, HATS, SNOW CONES, AND A KIDS AREA FEATURING CLOWNS, FACE PAINTING AND A MOON WALK. FINZ FEST WILL BE A FULL DAY OF ENTERTAINMENT FROM 11am-9pm ON SATIJRDA Y JUNE 21ST. OUR GOAL IS NOT ONLY TO BRING ENfERTAINMENT INTO THE CITY OF COLLEYVILLE, BUT ALSO, TO ATIRACT PATRONS FROM SURROUNDING CITIES. TIllS EVENT WILL ALWW VISITORS TO SEE OUR GROWTH AND NEW DEVEWPMENTS ON HIGHWAY 26., AS WELL AS THE REST OF OUR COMMUNITY THANK YOU FOR YOUR SUPPORT AND WE LOOK FORWARD TO HOSTING FINZ FEST 2003 AND FUTURE FESTIVALS IN OUR CITY. THANK YOU KURT WATKINS, v.p Location Map ) ffN2 ft~ 2003 BROUGHT TO YOU BY IIIE~ .$ l:~ · ~ 'l'ROftGAt GRIU..I BAR 1 st Annual Coastal and Western Festival Saturday, June 21 st 11am-9pm FEATURING LIVE MUSIC BY LARRY JOE TAYLOR - JOE KING CARRASCO BRIAN BURNS - VELVET LOVE BOX TERRY RAZOR - TUCAN BROTHERS BAD MONKEYS - BRENDEN PREECE - JUST BROTHERS ALSO *LOTS OF FOOD * BEER * MARGARITAS * T-SHIRTS * HATS * SNOW CONES *KIDS AREA FEATURING CLOWNS, FACE PAINTING AND A MOON WALK ') ffNZ fE>f 2003 FESTIVAL PLAN NAME AND LOCA nON OF FESTIVAL HOST FINZ TROPICAL GRILL 5005 COLLEYVILLE BLVD. SUITE 160 COLLEYVILLE, TX 76034 MISSION OF EVENT . PROVIDE A DAY OF FAMILY ENTERTAINMENT . HAVE VISITORS COME AND SEE OUR COMMUNITY GROWTH AND DEVELOPMENT . BRING REVENUES INTO COLLEYVILLE . TO BE A FUNDRAlSING EVENT FOR A LOCAL CHARITY FOUNDA nON TEAM MEMBERS . FINZ TROPICAL GRILL STAFF AND PRINCIPLES . LOCAL CHARITY FOUNDA nON ( TO BE NAMED) . LOCAL BUSINESS MEMBERS . CORPORATE SPONSORS . COLLEYVILLE POLICE AND FIRE DEPTS . EMT SPECIAL EVENT SPECIALIST . VOLUNTEERS . LONESTAR PARROTT HEAD CHAPTER . ON CALL PHYSICIAN . BAYLOR MEDICAL CENTER MARKETING . REACH A TARGET MARKET OF FAMILIES AND BUSINESS PROFESSIONS . LOCAL AND SURROUNDING NEWSPAPERS . PROMOTIONAL ADVERTISEMENTS IN LOCAL BUSINESSES . RADIO ADVERTISEMENT ON 3 MAJOR STATIONS . LOCAL SUPPORT FROM OUR CITY MEMBERS ') ffN2 fE>f 2003 CONDUCT OF MUSIC FESTIV AL STANDARDS 1. WATER SUPPLY LIFE 02 BOTTLING WATER COMPANY WILL BE SUPPLYING THE WATER 20 oz. PLASTIC CONTAINERS THAT WILL BE ON SALE AT 3 VENDING BOOTHS THROUGHOUT THE EVENT. 2. TOILET FACILITIES WILL BE FURNISHED AND SERVICED BY NATIONAL EVENT SERVICES, PROVDING 5 MEN AND 5 WOMEN UNITS. . 3 STANDARD MEN UNITS IN PUBLIC AREA . 3 STANDARD WOMEN UNITS IN PUBLIC AREA . 1 HANDICAPPED MEN UNIT IN PUBLIC AREA . 1 HANDICAPPED WOMEN UNIT IN PUBLIC AREA . 1 STANDARD MEN UNIT IN VIP AREA . 1 STANDARD WOMEN UNIT IN VIP AREA 3. VECTOR CONTROL PRIOR TO AND AFTER INSPECTION, COUNTY HEALTH OFFICER WILL ACT ON ANY NECESSARY VECTOR CONTROL CONCERNS BEFORE ISSUING PERMITS. 4. MINIMUM AREA 55,820 SQ FT IS AVAILABLE FOR THE FESTIVAL MAKING CAPACITY LEVEL OF 1,116 PATRONS AT 1 PATRON PER 50 SQ FT. 5. SOLID WASTE FACILITIES ALL SOLID WASTE WILL BE COLLECTED IN CONTAINERS, APPROVED BY COUNTY HEALTH OFFICIAL, AND WILL BE COLLECTED NO LESS THAN TWICE DURING THE FESTIVAL 6. NOISE CONTROL AMPLIFYING WILL BE NO LOUDER THAN 70 DECIBELS AS REGISTERED ON THE "A" SCALE OF THE AMERICAN NATIONAL STANDARDS INSTITUTE. THIS WILL BE CONTROLED BY PROFESSIONAL SOUND MANAGER FOR THE EVENT. 7. FOOD SANITATION . ALL FOOD SOLD WILL BE PURCHASED FROM THE FOLLOWING LICENSED DISTRIBUTORS ( CAP RANCH FOODS, BASHAM FOODS, AND FLIPCO FOODS) ALL BEVERAGES SOLD WILL BE PURCHASED FROM THE FOLLOWING LICENSED DISTRIBUTORS , (LIFE H20 BOTTLING COMPANY, COCA COLA, MILLER DISTRIBUTION, AND COORS DISTRIBUTION) . ALL WARM FOOD BEING STORED FOR SELL WILL BE CONTAINED IN WARMING UNITS AT A MINIMUN 140 DEGREES. . ALL PERISHABLE FOODS WILL BE KEPT IN A COMMERCIAL VEHICLE WITH REFRIGERATION AT 45 DEGREES OR LESS, PROVIDEDBYBORDERLON FOODS INC. . ALL COOKING UTENSILS WILL BE CLEANED ACCORDING TO HEALTH AND SAFETY CODES. ALL EATING UTENSILS WILL BE PLASTIC DISPOSABLE UNITS WRAPPED IN PLASTIC. . ALL FOOD SERVERS WILL WEAR CLEAN OUTER GARMENTS AND WILL CONFORM TO PROPER HYGENE PRACTICES WHILE ON DUTY. 8. MEDICAL AND NURSING CARE . A MEDICAL AND NURSING AID STATION WILL BE ON SITE IN A VACANT RETAIL SPACE DONATED BY REALTY CAPITAL. THIS SPACE WILL BE FULLY AIRCONDITIONED AND STAFFED WITH 2 TRAINED EMT SPECIALIST. THERE WILL BE SIGNS LOCATED IN STRATEGIC AREAS SHOWING DIRECTION AND LOCATION OF THE MEDICAL STATION. o MEDICAL STATION WILL BE FURNISHED WITH THE NECESSARY EQUIPMENT AND SUPPLIES LISTED-FOLDING COTS-BLANKETS- SUPPL Y CHEST -CHAIRS-FLASHLIGHTS-PLASTIC WASTEBASKET -PAPER BAGS FOR W ASTE-P APER TOWELS- PITCHER FOR WATER-TOURNIQUET-ADHESIVE BANDAGES- ADHESIVE TAPE-COTTON BALLS-ALCOHOL-SCISSORS-SNAKE BITE KIT -SPLlNTS-OXYGEN SUPPLY -STRETCHER- THERMOMETER 9. FINAL SITE CLEAN-UP FINAL CLEAN UP FOR THE FESTIVAL WILL BE CONDUCTED AT THE CONCLUSION AND PATRONS HAVE CLEARED THE PROPERTY. THE FINAL CLEAN WILL BE COMPLETED BY NATIONAL EVENT SERVICES AND WILL NEED A FINAL INSPECTION BY THE CITY MANAGER OR A DESIGNATED CITY REPRESENTATIVE. ') ffN2 fE~ Z003 APPLICATION FOR PERMIT . KURT WATKINS 3801 FELPS CT. COLLEYVlLLE, TX 76034 LOT 13, BLOCK 1 BRIARWooD NORTH ADDITION . FUNDS ARE YET TO BE DETERMINED; SPONSORS WILL PROVIDE MONEY AMOUNTS ONCE LIVE PERFORMERS HAVE MADE COMMITMENTS. ALL IS PENDING CITY APPROVAL, AND ONCE APPROVED ALL INFORMATION WILL BE GIVEN TO THE CITY. . LOT l-R, BLOCKI MARKET ADDITON . COLLEYVILLE MONTICELLO PARTNERS, L TD 1111 SOTH MAIN STREET SUITE 200 GRAPEVINE, TX 76051 *TERMS AND CONDITIONS OF AGREEMENT HAVE BEEN RECEIVED IN WRITING AND ARE AVAILABLE TO THE CITY. . SATURDAY JUNE 21 ST 2003 11 am-9pm . AGREEMENTS WITH BANDS ARE PENDING PERMIT APPROVAL. ONCE PERMIT IS GRANTED ALL NEEDED INFORMA nON PERTAINING AGREEMENTS WILL BE FURNISHED TO THE CITY. THE NAMES OF ALL BANDS PERFORMING ARE: *LARRY JOE TAYLOR *JOE KING CARRASCO *BRIAN BURNS *VEL VET LOVE BOX *TERRY RAZOR *TUCAN BROTHERS *BAD MONKEYS *BRENDEN PREECE * JUST BROTHERS . TOTAL SQUARE FOOTAGE INSIDE FENCED PREMISES IS 55,820 sq ft AND USING THE RATIO OF ONE PERSON PER 50 sq ft OUR MAXIMUM CAPACITY WILL BE 1,116.00 PATRONS. . AT THlS TIME OUR AGREEMENTS WITH THE PERFORMERS ARE A VERBAL COMMITMENT AND DESCRIPTION OF OUR FORMAL AGREEMENTS WILL BE AVAILABLE AS SOON AS POSSIBLE. . MINIMUM SANITATION AND HEALTH ISSUES HAVE BEEN SURPASSED, BY SIMPLY *OOUBLING THE AMOUNT OF TOILET FACILITIES REQUIRED, *PROVIDING THE SERVICES OF NATIONAL EVENT SERVICES WHO SPECIALIZE IN MASS GATHERING EVENTS WHO WILL MAINTAIN THE PROPERTY DURING THE ENTIRE EVENT AND WILL COMPLETE THE FINAL CLEAN UP. . TO INSURE TRAFFIC CONTROL, PARKING HAS BEEN DESIGNED AND APPROVED TO BE HELD IN THE ALBERT SONS PARKING LOT. SIGNAGE ALONG COLLEYVILLE BOULEVARD WILL DIRECT TRAFFIC FLOW TO THE DESIGNATED ALBERTSONS PARRKING AREA. SIGNAGE WILL ALSO BE LOCATED ON COLLEYVILLE BOULEVARD INDICATING ''NO PARKING" AREAS. TO ENFORCE THESE TRAFFIC CONTROL MEASURES, PARKING SECURITY GUARDS WILL BE PLACED AT EACH FESTIVAL ENTRANCE. SHUTfLE SERVICES WILL ALSO BE PROVIDED FROM ALBERTSONS PARKING LOT TO THE FESTlV AL COURTESY OF DISCOUNT SHUTTLE SERVICES. o A RETAIL SPACE HAS BEEN DONATED ON THE BEHALF OF COLLEYVILLE MONTICELLO PARTNERS, L TO.ALLOWING OUR FESTIVAL TO HAVE AN ENCLOSED AND AIR CONDITIONED FACILITY. TIllS FACILITY WILL BE FURNUSHED WITH LICENSED EMT STAFF AND ALL REQUlRED MEDICAL EQillPMENT IN ORDER TO MEET MASS-GATHERING REQUIREMENTS. SIGNAGE ON PREMISES WILL DIRECT PATRONS IN NEED OF MEDICAL ATTENTION TO TIllS FACILITY. o IN ORDER TO DISTINGillSH MINOR PERSONS, IDENTIFICATION WILL BE CHECKED AT THE ENTRANCE GATE. EVENT SECURITY WILL ATTACH RED WRIST BANDS FOR MINORS AND GREEN WRIST BANDS FOR ADULTS 21 YEARS OF AGE AND OLDER. . AS PROMOTER OF FINZ FEST 2003, I, KURT WATKINS HAVE COMPLETED MY APPLICATION FOR MASS GATHERING PERMIT TO THE BEST OF MY KNOWLEDGE. RESOLUTION R-03-2151 A RESOLUTION APPROVING AN OUTDOOR MUSIC FESTIVAL AT 5005 COLLEYVILLE BOULEVARD WHEREAS, Mr. Kurt Watkins has requested approval to conduct an Outdoor Music Festival on June 21,2003, from 11 :00 a.m. till 9:00 p.m. at 5005 Colleyville Boulevard; and WHEREAS, Mr. Kurt Watkins has provided written acknowledgement of his responsibilities to provide adequate public safety personnel and facilities during the event in accordance with the codes and ordinances of the City of Colleyville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request for an Outdoor Music Festival permit for June 21,2003, from 11 :00 a.m. until 9:00 p.m. at 5005 Colleyville Boulevard is hereby approved. Sec. 2. THAT all of the following requirements shall be satisfied as a condition of the approval of the permit. Fencing. The event operator will install a temporary 6-foot chain link fence around the site and provide one entrance point to control access to the event. Security. The event operator shall provide a minimum of 16 security personnel plus four off-duty police officers, paid by the event operator, for purpose of crowd control and security. Parking. The event operator shall provide written evidence that he has secured permission to use the parking lot at the old Kmart site for event parking. Two security personnel shall be stationed at the parking area. The event operator shall use a shuttle service between the parking lot and the event location. Restroom Facilities. The event operator shall contract with a private firm to furnish and periodically clean ten portable restroom facilities at the event site. Alcohol Sales. The event operator shall obtain and provide the City of Colleyville with a copy of the special event permit from the Texas Alcoholic Beverage Commission (T ABC). All attendees shall be given a color-coded wristband that will be color coded to identify minors, who are not eligible to purchase alcoholic beverages. The T ABC will also perform an on-site inspection of the event. Designated Drivers. The event operator shall have a taxi company on stand-by to provide transportation to persons at the event, as needed. Health Department. The event operator shall obtain and provide the City of Colleyville with a copy of the Tarrant County Health Department special permit for the event. Emergency Services. The event operator shall provide an emergency first- aid station on the property to handle first-aid needs. Event Permit Fee. The event operator shall pay the City of Colleyville a permit fee of $250. AND IT IS SO RESOLVED. NAYS AND 2003. ABSTENTIONS ON PASSED BY A VOTE OF THIS THE DAY OF AYES, ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL C\lr or CC~Iil'" AGENDA BRIEFING Ie....;:'!=- MEETING DATE: ITEM # : RESOLUTION # : OS/20/03 8 R-03-2152 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a request by Colleyville Town Center for determination of a driveway location, Case G-03- 011 Reading and Public Hearing At the April 2, 2002 meeting, the City Council approved an agreement (Resolution R-02-1933) with Melvin Martindale, LTD. (Town Center Development) regarding project design standards for the Market Street grocery store, currently under construction at 5605 Colleyville Boulevard. One of the conditions of the agreement established the responsibility for the City Council to determine the driveway location on Riverwalk Drive. The following is an excerpt from the agreement specifying the driveway options. "The service entrance on Riverwalk shall either align with intersection of Bluebonnet with Riverwalk Road or Kingswood and Riverwalk Road at determination of City Council. " The developer prefers the driveway location at the intersection of Kingswood and Riverwalk Drive due to less interference with traffic at the rear of the buildings. The developer has submitted a letter requesting approval of the driveway location at Kingswood and Riverwalk Drive. Engineering staff will coordinate the location of landscaping and earthen berms along Riverwalk Drive to prevent any visibility issues for vehicles leaving the commercial site at this location. Recommendation Approval Attachments · Location Map · Letter from applicant · Resolution R-03-2152 ~ w ~ I\..) 10 "-'" f i , , i (,__ i~Vl lOOOMS8 ",> oZ 00 oI 00 ~:o ...... HOD(;ES & \SS()( I \Irs Architecture P.L.L.C. www.hodgesusa.com 13642 Omega Dallas, TX 75244 P (972) 387-1000 F (972) 960-1129 May 5, 2003 Mr. Barry LaBaron City of Colleyville 5400 Bransford Road Colleyville, Texas 76034 Via Fax 817-577-7564 RE: Town Center Colleyville Colleyville Biva. (Hwy. 26) at Hall johnson Road Colleyville, Texas Dear Barry: I am writing on behalf of Colleyville Town Center to request the approval of the driveway identified as 'Proposal-1' on the attached plan. It is my understanding that the original approval of the site plan left the location of this service drive to be selected by the City Council. There will be considerably more delivery activity near the 'Proposal-2' drive as most of the daily deliveries of milk, bread and beverage will be received at this corner of the United store. Proposal-1 will permit the berm and landscaping to be continuous along the rear of the United service area. If any additional information is needed, please let me know. Best regards, HODGES & ASSOCIATES, P.L.L.C. ~ xc: 99016 Rob Farrell fx 214-360-1716 Charles Hodges Bill Lindley fx 817-577-7555 prm J:\1999\99016\Correspondence\Letters\99016Lt050503 B La baron.doc.rtf RESOLUTION R-03-2152 A RESOLUTION APPROVING A DRIVEWAY LOCATION ON RIVERWALK DRIVE WHEREAS, the City of Colleyville approved Resolution R-03-1933 on April 2, 2002, establishing the requirement for City Council approval of a driveway location entering the Town Center Development on Riverwalk Drive; and WHEREAS, the Town Center Development has requested approval of the driveway location near the intersection of Kingswood and Riverwalk Drive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the driveway location at the intersection of Kingswood and Riverwalk Drive is hereby approved as shown on Exhibit 1. AND IT IS SO RESOLVED. NAYS AND 2003. ABSTENTIONS ON PASSED BY A VOTE OF THIS THE DAY OF AYES, ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor "bOt "1" Exhl I CITY COUNCIL CC@w", AGENDA BRIEFING It.'-"~::' MEETING DATE: , ITEM # : RESOLUTION # : OS/20/03 9 R-03-2153 CITY MANAGER ! DEPARTMENT HEAD FINANCE REVIEW N.A. Previous Action: 05/06/03 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Reconsideration of a request for a variance to the sign regulations to allow a 5' by 10' changeable letter wall mounted sign on the east side of the Sunbelt Gymnastics building located at 4701 Bransford Road, Case G-03-008 Reading and Public Hearing At the May 6, 2003 meeting, the City Council approved a sign variance request of Sunbelt Gymnastics to construct a 5' by 10' changeable letter wall mounted sign on the side of their building located at 4701 Bransford Road at the intersection with Centerpark Drive (see Attachment 1). Upon further study by the sign company contracted to erect the sign, it was determined that the location originally recommended by the Sign Board of Appeals would not be adequately visible to meet their particular needs. The applicant feels that the location near the northern end of the building is a much more suitable location to announce special events to their customers, due to the adjacency to the main entrance to the building and the parking area near the front door. The applicant is requesting the City Council approve the proposed location for the sign as shown on Attachment 2. Staff agrees with the applicant's request and justification for the preferred location. Recommendation Approval Attachments · Location Map · Drawing of proposed sign · Photograph of building facade · Letter from applicant · Resolution R-03-2153 ~;v-_. "'e~fc'? """"_00- __._._ J TMe' 0 ~ TA lG 1.1 "€. a '" TR 10 .1.1'" ~ - z()~ ~ ",C. e. 8. e. cUrvF.'! Jp.20h 5 ,~u n '" '-' I. ~~ '" · Jllfk~ '" I or fR 200 2.. At. 7 1i.~1 . ~IB .111 I ... '~'. 'U C l' BLACK DR 2.' f..... 2' · E f" 2L .... . ~ 10F P ^ 1<1<--------------- ceN p.Dll~_- ..~~". 01~) rWi~UU[[\iJ ,-- ( J ," .-" ~ ~.........,",I""I L' ..- \.",' ~ --, ... l\ ,. . I -----' IR In - . " i.: ,. '" ., , ..l ;' oct;K C I' rJ ~ ^oDN ~0 fR "" :'; '.Joe /' , ! ...v:;;;~~~ ! ............ . }A 1J p' _ 1 ~ fA2J2 Attachment 1 - L . , ocatlon Map ..a 0 en .., .. CI) ~ .. .. u CI) en ..... .. -- CD - CI) .. .. ~ CD (1) .... a - :) CD - er- CD C 0 ::) .. IT E a .. N ~ a :e >- (1) -- I c - -- C) ..a E a CD C> - CI) - m - co ~ c ..a a .c C U :) '" - - 0 -0 Attachment 2 - Drawing of Proposed Sign Attachment 3 - Photograph of Building Facade @@@SIGNS SIGN SERVICE - INSTAllATION - CRANE RENTAL P.O. BOX 14217. FORT WORTH, TX 76117-0217 PHONE: (817) 589-8588 · FAX (817) 595-7510 May 12, 2003 Barry LaBarron City of Colleyville P. O. Box 185 Colleyville, Tx. 76034 Subject: Case Number G-03-008-Sunbelt Gymnastics Sign Due to the misunderstanding, we would like to appeal the Sign Board ruling regarding the placement of the sign for Sunbelt Gymnastics, Upon further consideration we believe that the sign will not be as visible or readable in the location under their I.D sign, It is darker in this area and not as accessible or convenient as it would be above the staircase on the eastern side of the building, Thank you in advance for your consideration in this matter, CindY); Bin I / . J . tU. ~ CGS Signs ,.,~l;)ciJd~"..,. RESOLUTION R-03-2153 A RESOLUTION APPROVING A VARIANCE FOR A CHANGEABLE LETTER WALL SIGN ON THE SIDE OF THE SUNBEL T GYMNASTICS BUILDING WHEREAS, Sunbelt Gymnastics has requested reconsideration of the sign variance location recommended by the Sign Board of Appeals and approved by the City Council on May 6, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request of Sunbelt Gymnastics for a variance from the sign regulations to construct a changeable letter wall mounted sign on the northern end of the east side of the building is hereby approved as shown on the attached Exhibit 1. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS AND 2003. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor Exhibit "1" CITY COUNCIL cur or CCe", AGENDA BRIEFING Ie-X"::; MEETING DATE: I OS/20/03 ITEM # : 10 RESOLUTION #: I R-03-2154 CITY MANAGER I DEPARTMENT HEAD ! FINANCE REVIEW: Previous Action: None DEPARTMENT: PARKS AND RECREATION SUBJECT : Approval to amend Resolution R-99-1464 setting the Parks and Recreation Donation Policy Reading and Public Hearing On February 2, 1999, the City Council approved Resolution R-99-1464, approving a Parks and Recreation Donation Policy. The policy provides for consideration and acceptance of donations to City Park. With the expansion of park facilities, the policy has been modified to include the entire Parks and Recreation Department. In order to consider donations to all Parks and Recreation facilities, the proposed modifications are as follows: 1 . Plaques be changed to donor plates mounted on the item 2. The Parks and Recreation Donation Committee shall consist of related committee members of the item donated and two (2) Parks and Recreation Advisory Board members 3. Park system be changed to Parks and Recreation Department 4. Delete: "AII donations, on loan, to the City's park system will remain the property of the donor." On May, 5, 2003, the Parks and Recreation Advisory Board unanimously voted to amend the Parks and Recreation Donation Policy. Recommendation Approval Attachments . Amended Parks and Recreation Donation Policy showing changes . Resolution R-03-2154 City of Colleyville Parks and Recreation Department Donation Policy Statement of Purpose The purpose of this policy is to provide a consistent basis for the consideration and acceptance of donations of equipment, structures, and/or cash to the oity's park syctomCitv's Parks and Recreation Department. Definitions 1. A donor is a person or an entity that provides a gift, grant or contribution directed to a specific fund, project or event. Donations may include, but are not limited to, money, recreational and capital equipment, landscaping, structures, fencing and art. 2. Facility is all City of Colleyville parks, buildings and amenities. 3. Donation Fund is a special fund established for the purpose of cash contributions for the City of Colloyvillo park systomCollevville's Parks and Recreation Department. Procedures 1 . Any person or organization considering making a donation to the City of Colloyvillo park systomColleyville's Parks and Recreation Department should submit a proposal, in writing, to the Parks and Recreation Manager or his/her designee. (See attached Donation Form.) 2. The proposal should include a complete description of the donation, and to the extent applicable, pictures and/or detailed drawings, preferred location of the donation and any necessary installation and/or construction details, value of donations and any stipulations concerning the donation. 3. The following guidelines will be used in consideration of the donor's request: A. The responsibility for all costs related to the design, construction, purchase and installation. B. The design of all donated items for public park use, exposure to vandalism, and wear due to exposure to extreme weather elements. C. Any necessary replacement or repair costs to the item will be the responsibility of the donor. 4. The Parks and Recreation Manager or his/her designee will review the proposal and make any comments and recommendations deemed necessary. 5. The donor must submit a request, in writing, to include the description, size, wording and proposed location of any plaquedonor plate to be placed on the donated item. The following guidelines will be used for the plaquedonor plate request: A. The donor will be responsible for all costs related to the design, construction, purchase and installation. B. All plaquesdonor plates shall be made of bronze, or similar approved materials.,te reduce vandalism and wear due to exposure to extreme weather olements..:. C. The plaquodonor plate will be .fI.tl.s.A-mounted at ground or surface levelon the item or as determined appropriate by the Parks and Recreation Manager or his/her designee. D. For the purpose of this policy, no plaquesdonor plates that serve the purpose of advertising will be allowed. In cases where contributions have been in support of the park systomParks and Recreation Department, consideration will be given for approving the acknowledgment of the donor(s). 6. The Parks and Recreation Manager or his/her designee will forward all donation proposals along with comments and recommendations to the Parks and Recreation Donation Committee, which shall consist of the President, or their dosignoe,related committee members of the city cosponsored youth sports associationsitem donated and two (2) Parks and Recreation Advisory Board members. 7. The Parks and Recreation Donation Committee will review the proposed donation and make a recommendation to the Parks and Recreation Advisory Board. The Parks and Recreation Advisory Board will submit a recommendation to the City Council for final approval. 8. The City of Colleyville reserves the right to accept or reject any item submitted for approval. 9. The potential donor reserves the right to withdraw the proposed item at any time during the approval process. 10. All item(s) will be considered for acceptance on an item by item basis. 11. All accepted donations to the City's park systomParks and Recreation Department will become the property of the City of Colleyville and will be used at the discretion of the city. 12. The City of Colleyville reserves the right to modify or remove a donated item as determined necessary by the Parks and Recreation Manager or his/her designee for accessibility, safety and/or ease of maintenance should anyone or combination of the following occur: A. The donated item becomes a hazard to the general public as may be determined by the City. 2 B. Another use more beneficial to the general public occurs. This may include park improvements or future development, relocation or park equipment/amenities or other use of the property deemed of higher benefit to the general public. C. The City, at its sole discretion, reserves the right to make use of the area should it be necessary for the installation of any public utilities or other public improvements, the relocation of which shall be the responsibility of the City, subject to notification by City of donor(s). 13. /\11 donations, on loan, to the City's park system will remain the property of the donor. -14-A permanent location may be designated in each park site where donations will be recognized with the item donated, the name of the donor and the date. -+614. Cash donations will be deposited into a Donation Fund. The Parks and Recreation Donation Committee and the Parks and Recreation Advisory Board will make recommendations to the City Council for the expenditure of these funds. Amended 01/22/99 Q5/05/03 3 RESOLUTION R-03-2154 A RESOLUTION AMENDING RESOLUTION R-99-1464 SETTING THE PARKS AND RECREATION DONATION POLICY WHEREAS, the City of Colleyville desires to provide a consistent basis for the consideration and acceptance of donations of equipment, structures, and cash to the city's Parks and Recreation Department. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville adopts a City of Colleyville Parks and Recreation Donation Policy. (Exhibit "A"). Sec. 2. THAT a Parks and Recreation Donation Committee, which shall consist of related committee members of the item donated and two (2) Parks and Recreation Advisory board members, will be established to review proposed donations and make a recommendation to the Parks and Recreation advisory Board. The Parks and Recreation Advisory Board will prepare a recommendation to the City Council for final approval. Sec. 3. THAT a donation fund will be established for the purpose of accepting cash donations for the City of Colleyville Parks and Recreation Department. AND IT IS SO RESOLVED. NAYS AND 2003. ABSTENTIONS ON PASSED BY A VOTE OF THIS THE DAY OF AYES, ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor Exhibit" A" City of Colleyville Parks and Recreation Department Donation Policy Statement of Purpose The purpose of this policy is to provide a consistent basis for the consideration and acceptance of donations of equipment, structures, and/or cash to the City's Parks and Recreation Department. Definitions 1. A donor is a person or an entity that provides a gift, grant or contribution directed to a specific fund, project or event. Donations may include, but are not limited to, money, recreational and capital equipment, landscaping, structures, fencing and art. 2. Facility is all City of Colleyville parks, buildings and amenities. 3. Donation Fund is a special fund established for the purpose of cash contributions for the City of Colleyville's Parks and Recreation Department. Procedures 1 . Any person or organization considering making a donation to the City of Colleyville's Parks and Recreation Department should submit a proposal, in writing, to the Parks and Recreation Manager or his/her designee. (See attached Donation Form.) 2. The proposal should include a complete description of the donation, and to the extent applicable, pictures and/or detailed drawings, preferred location of the donation and any necessary installation and/or construction details, value of donations and any stipulations concerning the donation. 3. The following guidelines will be used in consideration of the donor's request: A. The responsibility for all costs related to the design, construction, purchase and installation. B. The design of all donated items for public park use, exposure to vandalism, and wear due to exposure to extreme weather elements. C. Any necessary replacement or repair costs to the item will be the responsibility of the donor. 4. The Parks and Recreation Manager or his/her designee will review the proposal and make any comments and recommendations deemed necessary. 5. The donor must submit a request, in writing, to include the description, size, wording and proposed location of any donor plate to be placed on the donated item. The following guidelines will be used for the donor plate request: A. The donor will be responsible for all costs related to the design, construction, purchase and installation. B. All donor plates shall be made of bronze, or similar approved materials. C. The donor plate will be mounted on the item or as determined appropriate by the Parks and Recreation Manager or his/her designee. D. For the purpose of this policy, no donor plates that serve the purpose of advertising will be allowed. In cases where contributions have been in support of the Parks and Recreation Department, consideration will be given for approving the acknowledgment of the donor(s). 6. The Parks and Recreation Manager or his/her designee will forward all donation proposals along with comments and recommendations to the Parks and Recreation Donation Committee, which shall consist of the related committee members of the item donated and two (2) Parks and Recreation Advisory Board members. 7. The Parks and Recreation Donation Committee will review the proposed donation and make a recommendation to the Parks and Recreation Advisory Board. The Parks and Recreation Advisory Board will submit a recommendation to the City Council for final approval. 8. The City of Colleyville reserves the right to accept or reject any item submitted for approval. 9. The potential donor reserves the right to withdraw the proposed item at any time during the approval process. 10. All item(s) will be considered for acceptance on an item by item basis. 11. All accepted donations to the City's Parks and Recreation Department will become the property of the City of Colleyville and will be used at the discretion of the city. 12. The City of Colleyville reserves the right to modify or remove a donated item as determined necessary by the Parks and Recreation Manager or his/her designee for accessibility, safety and/or ease of maintenance should anyone or combination of the following occur: A. The donated item becomes a hazard to the general public as may be determined by the City. B. Another use more beneficial to the general public occurs. This may include park improvements or future development, relocation or park equipment/amenities or other use of the property deemed of higher benefit to the general public. C. The City, at its sole discretion, reserves the right to make use of the area should it be necessary for the installation of any public utilities or other public improvements, the relocation of which shall be the responsibility of the City, subject to notification by City of donor(s). 13. A permanent location may be designated in each park site where donations will be recognized with the item donated, the name of the donor and the date. 14. Cash donations will be deposited into a Donation Fund. The Parks and Recreation Donation Committee and the Parks and Recreation Advisory Board will make recommendations to the City Council for the expenditure of these funds. Amended 05/05/03 2 Colleyville Parks and Recreation Donation Form Proposed Donation Donor(s) Proposed Donation Description (Include a complete description and if applicable, photos or detailed drawings. Attach additional pages if necessary.) Estimated Value Preferred Location Stipulations For Office Use only Parks and Recreation Donation Committee Parks and Recreation Advisory Board City Council Recommendation Comments D Approve D Approve D Approve D Denied D Denied D Denied ell)" or CITY COUNCIL ~<;) TL-:-;:~$ AGENDA BRIEFING MEETING DATE: ITEM # : RESOLUTION # : 5/20/03 11 R-03-2155 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval of City of Colleyville's participation in Tarrant County's Community Development Block Grant Program for the three program period, Fiscal Year 2003 through Fiscal Year 2005 Reading and Public Hearing The U.S. Department of Housing and Urban Development (HUD) appropriates funds to entitlement communities through the Community Development Block Grant (CDBG) program. The CDBG program is targeted to benefit low to moderate-income persons, elderly citizens or persons with disabilities. CDBG monies can be used to fund the following items: . Acquisitions of Real Property (i.e., land, easements) . Public Facilities and Improvement (i.e., construction, removal of architectural barriers, streets and water and sewer lines) . Public Services (Le., child care, health care) . Rehabilitation (residential, commercial exterior) . Code Enforcement (deteriorated areas without existing services) . Economic Development (increase business to low income persons) Tarrant County Community Development administers CDBG monies to a consortium of cities within their jurisdiction. Should the Council pass Resolution R-03-2155, the City of Colleyville will be part of the Tarrant County consortium and will be eligible for grant monies in 2004. By joining the consortium, the City agrees not to apply for grants through Small Cities or the State CDBG program. Financial Impact None Recommendation Approval Agenda Briefing Resolution R-03-2155 Page 2 of 2 Attachments . Letter from Tarrant County . Resolution R-03-2155 MAY-12-03 MON 05:03 PM TeeD FAX NO, 8173389136 p, 02 ...,"C()t~~~; ~... ..~''\.rt'1-''''''~?'J: *.. lKt'f' ~... :~ ", ~: ...( " ~'. ~.i.J. ~ i . ~ ,. ... :'1'<\"w,...,....,,~~:"'.r.,"'t, ... ...1I;1I"~' :.fl.- TARRANT COUNTY COMMISSIONERS COURT AOMINIS'fRATOR'S OFFIC1~ COMMUNITY DF~VELOPMENT O1V1SlON May 13,2003 Honorable Donna Arp Mayor of Colleyville }) .0. Box 185 Collcyvillc, TX 76035 Dear Mayor: In FY 2002, Tarrant County re-qualified as an Urban County Consortium to be able to continue to receive Community Development Block Grant (CDBG) Entitlement funding througb FY 2005. Tarrant County currently has the opportunity to amend its urban county coniiguration to add communities that did not participate at the time of re- qualification in FY 2002. By May 30, 2003, any unit of local general government that is not currently participating in an urban county and chooses to participate for the remaining 2nd and 3rd year on the county's qualification period must notify the county and HUD in wliting that it elects to be included. It should be noted that a eity is ineligible to compete for grants through the Small Cities or State CDBG program as long as it remains a part of the consortium. If your ullit of local government elects to partlCIpate in the Urban County Consortium, please execute the attached resolution/cooperative agreement by May 30, 2003 and return the executed agreement to: Patricia Ward Tarrant County Community Development Division 1509B South University Drive, #276 Fort Worth, TX 76107 By July 11, 2003 any county seeking to include any previously nonparticipating units of general local government into its configuration must submit to the appropriate I-IUD Field Office an qualil1cation documentation. 1509B South University Drive, Suite 276, Fort Worth, Tx 76107, 8171338-9129, Fax 8171338-9136 __....__,.".._..-..........._..._~.N _._._.__.________.. ___"_~__..__~_ ~ lit 1 MAY-12-03 MON 05:03 PM TCCD FAX NO. 8173389136 Should you Of your staff have any questions concerning the grant program, please contact me or Deborah Siefert at (817) 338-9129. ' Sincerely, Patricia Ward Director --._~.......----_......-.._..,,~ .--......,.. p, 03 anII' RESOLUTION R-03-2155 A RESOLUTION APPROVING THE CITY OF COLLEYVILLE'S PARTICIPATION IN TARRANT COUNTY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE THREE PROGRAM YEAR PERIOD, FISCAL YEAR 2003 THROUGH FISCAL YEAR 2005 WHEREAS, Title I of the Housing and Community Act of 1974, as amended through the Housing and Community Act of 1992, establishes a program of community development block grants for the specific purpose of developing viable communities by providing decent housing and suitable living environment and expanding economic opportunities principally for persons of low and moderate income; and WHEREAS, Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, establishes the HOME Investment Partnership Act to expand the supply of decent, safe, sanitary and affordable housing for very low- income and low-income Americans; and WHEREAS, Tarrant County has been designated an "Urban County" by the Department of Housing and Urban Development entitled to a formula share of Community development Block Grant and HOME program funds provided said County has a combined population of 200,000 persons in its unincorporated areas and units of general local government with which it has entered into cooperative agreements; and WHEREAS, Article III, Section 64 of the Texas Constitution authorizes Texas counties to enter into cooperative agreements with local governments for essential Community Development and Housing Assistance activities; and WHEREAS, the City of Colleyville shall not apply for grants under the Small Cities or State CDBG Program from appropriations for fiscal years during the period in which it is participating in Tarrant County's CDBG program; and WHEREAS, through cooperative agreements, Tarrant County has authority to carry out activities funded from annual Community Development Block Grant (CDBG) and HOME Program Allocation from Federal Fiscal Years 2003, 2004, and 2005 appropriations and from any program income generated from the expenditure of such funds; and WHEREAS, Tarrant County and the City of Colleyville agree to cooperate to undertake, or assist in undertaking, community renewal and low income Resolution R-03-2155 Page 2 of 5 housing assistance activities, specifically urban renewal and publicly assisted housing; and WHEREAS, Tarrant County will not fund activities in support of any cooperating unit of general government that does not affirmatively further fair housing within its own jurisdiction or that impedes the county's actions to comply with its fair housing certification; and WHEREAS, the City of Colleyville has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and WHEREAS, the City of Colleyville has adopted and is enforcing a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is subject of such non-violent civil rights demonstrations within jurisdictions; and WHEREAS, Tarrant County and the City of Colleyville shall take all actions necessary to assure compliance with the Urban County's certification required by section 104 (b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of Civil Rights Act of 1964, and Title VIII of the Civil Rights Act of 1968, section 109 of Title I of the Housing Community Development Act of 1974, and other applicable laws; and WHEREAS, prior to disbursing any CDBG or HOME Program funds to a subrecipient, Tarrant County shall sign a written agreement with such subrecipient; and WHEREAS, the City of Colleyville agrees to inform the county of any income generated by the expenditure of CDBG funds received and that any such program income must by paid to the county to be used for eligible activities in accordance with all Community Development Block Grant and HOME Program Requirements; and WHEREAS, in accordance with 24 CFR 570.501 (b), Tarrant County is responsible for ensuring that CDBG funds are used in accordance with all program requirements, including monitoring and reporting to U.S. Department of Housing and Urban Development on the use of program income and that in the event of close-out or change in status of the City of Colleyville, any program income that is on hand or received subsequent to the close-out of change in status shall be paid to the county; and Resolution R-03-2155 Page 3 of 5 WHEREAS, the City of Colleyville agrees to notify Tarrant County of any modification or change in the use of real property from that planned at the time of acquisition or improvement, including disposition, and further agrees to reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditure of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations; and WHEREAS, any money generated from disposition or transfer of property will be treated as program income and returned to the county prior to subsequent to the close-out, change of status or termination of the cooperation agreement between county and the City of Colleyville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. THAT the City of Colleyville supports the application of Tarrant county for funding from Housing and Community Development Act of 1974, as amended, and Cranston-Gonzalez National Affordable Housing Act, as amended, and asks that its population be included for three successive years with that of Tarrant County, Texas to carry out Community Development Program Activities Eligible for Assistance, under Public Law 93-383, and Affordable Housing activities under Public Law 101-625, and authorizes the Mayor of Colleyville, Texas to sign such additional forms as requested by the Department of Housing and Urban Development pursuant to the proposes of the Resolution, and further that the City of Colleyville, Texas understands that Tarrant County will have final responsibility for selecting projects and filing annual grant requests. THAT this agreement will automatically be renewed for participation in successive three-year qualification periods, unless Tarrant County or the City of Colleyville provides written notices it elects not to participate in a new qualification period. Tarrant County will notify the City of Colleyville in writing of its right to make to such election on the date specified by the U.S. Department of Housing and Urban Development in HUD's urban county qualification notices for the next qualification period. Any amendments or changes contained within the Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period must be adopted by Tarrant County and the City of Colleyville, and submitted to HUD. Failure by either party to adopt such an amendment to the agreement will void the automatic renewal of this agreement. Resolution R-03-2155 Page 4 of 5 Sec. 3. THAT this agreement remains in effect until CDBG, HOME funds, and income received to the Fiscal Year 2003, 2004, 2005 programs, and to any successive qualification periods provided through the automatic renewal of this agreement, are expended and the funded activities completed, neither Tarrant County nor the City of Colleyville may terminate or withdraw from the agreement while the agreement remains in effect. Sec. 4. THAT official notice of amendments or changes applicable for a subsequent three-year urban county agreement shall be in writing and be mailed by certified mail to the City Secretary of the City of Colleyville. Any notice of changes or amendments to this agreement by the City of Colleyville to Tarrant County shall be in writing to the Tarrant County Community Development Division Director. AND SO IT IS RESOLVED. PASSED BY A VOTE OF _AYES, _NAYS, AND _ABSTENTIONS ON THIS THE DAY OF 2003. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor Commissioners Court Clerk County Judge Resolution R-03-2155 Page 5 of 5 APPROVAL FORM FOR DISTRICT ATTORNEY: * *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). CilY O{ ~ CITY COUNCIL CC~~nce AGENDA BRIEFING "'l'&;o;;:\~ MEETING DATE: OS/20/03 CITY MANAGER ! ITEM #: 12 DEPARTMENT HEAD I RESOLUTION #: R-03-2156 FINANCE REVIEW! N/A Previous Action: N/A DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval of an Agreement between the City of Colleyville and Explorer Pipeline for the construction of Cottonbelt Trail, Phase I Reading and Public Hearing In February 1998, the City of Colleyville secured the services of Mesa Design Group for the design of the Cotton belt Trail system. Cottonbelt Trail, Phase I, is a joint project between the cities of North Richland Hills and Colleyville. The project scope consists of the construction of 11,900 linear feet of 10' wide concrete trail along the north side of the DART right-of-way from John McCain Road to Bettinger Drive within the City of Colleyville. The North Richland Hills portion of the trail is approximately 21,515 linear feet of 10' concrete trail from Precinct Line Road to Browning Drive. On November 19, 2002, the City Council approved a construction contract with American Civil Constructors for the Cottonbelt Trail, Phase I. DART granted a license for the use of the right-of-way to the City of Colleyville and Explorer Pipeline. The attached agreement provides that both entities work with and cooperate with each other to ensure compatibility of the pipeline and trail construction maintenance and use for the safety of the public. City Attorney Ross Foster has approved the attached Agreement. The City of North Richland Hills has executed an agreement with Explorer Pipeline for the construction of the Cotton belt Trail, Phase I. Financial Impact None Recommendation Approval Attachments · Resolution R-03-2156 RESOLUTION R-03-2156 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND EXPLORER PIPELINE FOR THE CONSTRUCTION OF COTTONBEL T TRAIL, PHASE I WHEREAS, DART granted an easement to Explorer Pipeline Company and the City of Colleyville and both licenses are "nonexclusive" and require both Explorer and the City to occupy the same land area and/or land area in close proximity to each other of the DART property; and WHEREAS, both the City of Colleyville and Explorer Pipeline Company desire to work with and cooperate with each other in order that pipeline and trail construction, maintenance, and use are compatible to the extent possible; and both the City and Explorer Pipeline wish that public safety be optimized on the DART property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1 . THAT the Cotton belt Hike and Bike Trail Construction and Maintenance Agreement, hereby attached as Exhibit "A", is approved. AND IT IS SO RESOLVED" APPROVED THIS AYES, DAY OF NAYS AND 2003 BY A VOTE OF ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor Attachment "A" Cottonbelt Hike and Bike Trail Construction and Maintenance Agreement WHEREAS, by instruments of record dated June 19, 1971 and October 11, 2993, recorded in Volume 10146, Page 690 and Volume 11573 page 755 of the Deed Records of Tarrant County, Texas, Dallas Area Rapid Transit ("DART") granted to EXPLORER PIPELINE COMPANY, a Delaware Corporation ("Explorer"), a license across the land described therein, (the "Property"); WHEREAS, DART also granted by an instrument dated September 30, 1998 to the City of Colleyville (the "City"), a municipality formed under the laws of the State of Texas, a license across the land described therein (the "Property"); WHEREAS, DART's licenses to both Explorer and City are "nonexclusive" and require both Explorer and City to occupy the same land area and/or land area in close proximity to each other on the Property; WHEREAS, Explorer owns and operates within the Property a high pressure, hazardous liquid pipeline carrying refined petroleum products; WHEREAS, Explorer selected said pipeline's routing on the Property, the DART railroad right-of-way, as railroad properties for increased public safety for pipelines due to reduced excavation and encroachment by third parties and reduced close range exposure to individuals should an environmental release occur; WHEREAS, City acknowledges that placement of a hike and bike trail directly over and/or within close proximity of Explorer's high-pressure petroleum products pipeline has certain elements of risk; WHEREAS, both City and Explorer wish to work with and cooperate with each other in order that pipeline and trail construction, maintenance and use are compatible to the extent possible; and both City and Explorer wish that public safety be optimized on the Property; NOW, THEREFORE, in consideration of the premises and the covenants herein Explorer agrees to the construction and maintenance of the Cottonbelt Hike and Bike Trail (the "Trail") subject to the following terms and conditions: 1. Explorer shall be listed as an additional insured under the Trail construction contractor's general liability policy, which covers liability for or on account of injury to or death of persons or damage to property resulting from construction of the Trail. The insurance policy will have a limit of not less than two million dollars ($2,000,000) for bodily injury and property damage per occurrence and not less than two million dollars ($2,000,000) aggregate for all occurrences; 2. Explorer shall receive notice at least 48 hours in advance of any Trail construction activities over or near its pipeline by contacting Mr. Mike Tucker, Greenville Area Manager, 2856 County Road 2168, Caddo Mills, Texas 75135, (903) 527.1262; 3. Trail construction activities near Explorer's pipeline will not occur unless an Explorer representative has been timely notified. The Explorer representative will have full authority to stop any construction activity if, in his sole discretion, Explorer's pipeline or appurtenances are in danger of being damaged or if there is a threat to public safety. Explorer will indemnify the City for construction delay charges it incurs in the event a decision by Explorer to stop construction is found to be unreasonable; 4. The Trail construction contractor shall not permit excavation nor allow heavy equipment to work within ten (10) feet of Explorer's pipeline without prior approval of Explorer's representative. Explorer will indemnify the City for construction delay charges it incurs in the event it is found that Explorer's approval was unreasonably withheld; 5. In the event of any change or modification to the Trail construction plans signed by the Texas Department of Transportation on October 15, 2001, the Trail construction contractor will prior to construction, provide a written copy of said plans to Explorer for review and approval, and such approval by Explorer will not be reasonably withheld; 6. Explorer agrees to mark its pipeline with pipeline markers provided and installed by it; 7. City will contact the Explorer Pipeline Area Manager at 2856 County Road 2168, Caddo Mills, Texas 75135, phone (903) 527.1262, at least 48 hours before undertaking any future maintenance or construction activities requiring excavation and/or operation of heavy equipment over or near Explorer's pipeline; 8. City will place a Texas "One Call," the current number being (800) 545.6005, at least 48 hours before undertaking any future maintenance or construction activities requiring excavation and/or operation of heavy equipment over or near Explorer's pipeline so that the pipeline's location may be marked prior to any such activities. Each of the parties has full power and authority to enter into and carry out its obligations under this Agreement. The undersigned are duly authorized by the respective parties to execute this Agreement in their representative capacities by all necessary corporate proceedings. The terms, conditions and provisions of this Agreement shall extend to and be binding upon the successors and assigns of the parties hereto. To facilitate the execution of this Agreement, it may be executed in counterparts, all of which shall constitute one Agreement. A copy of this Agreement is as effective as its original. IN WITNESS WHEREOF, the parties have set their hands and seals this day of 2003. EXPLORER PIPELINE COMPANY CITY OF COLLEYVILLE Donna Arp Mayor Cil,f Of ~ CITY COUNCIL CC~~~nce AGENDA BRIEFING Il'X;:\S MEETING DATE: OS/20/03 CITY MANAGER I ITEM # : 13 DEPARTMENT HEAD i RESOLUTION #: R-03-2157 FINANCE REVIEW I Previous Action: N/A DEPARTMENT: FINANCE SUBJECT : Approval to oppose H.B. 3223, which caps the annual increase in appraisal of all real property at five percent Reading and Public Hearing The Texas House recently passed H.B. 3223, which caps the annual increase in the appraisal of all real property at five percent for cities and county entities only; school districts are excluded from this legislation. Currently, there is an annual increase appraisal cap of ten percent and it only applies to residential homesteads. This bill would create confusion as school district's appraised values are excluded from this legislation and taxpayers would have different values for different taxing entities (city and county entities are one value and the school district is another value). Additionally, the bill was passed by the House with the provision that the cap applies to all property rather than just residential homesteads. This provision will shift the tax burden from those taxpayers whose property is going up in value (e.g., someone holding property for investment purposes) to a taxpayer whose property is not increasing in value (e.g., a residential property owner). If this provision was in effect in the current fiscal year's budget, the General Fund revenue loss would have been over $420,000. Texas Municipal League has requested City officials notify Senate members of the potential impact on city finances if this bill is passed. Resolution R-03-2157 opposes the passage of H.B. 3223. Recommendation Approval Attachments . Texas Municipal League - House votes for tax relief from city taxes . H.B. 3223 . Fiscal Note, 78th Legislative Regular Session May 13, 2003 . H.B. 3223 - Bill Analysis . Resolution R-03-2157 HOUSE VOTES FOR TAX RELIEF... FROM CITY TAXES The Texas House has passed H.B. 3223 (Bohac), a bill that would cap at five percent the maximum annual increase in the appraisal of any real property, The current cap on the annual increase is ten percent and applies only to residential homesteads. As filed, H.B. 3223 applied to all local taxing entities, including school districts. That created a problem for the bill's sponsor, since it generated a negative fiscal note for the State of Texas. The Legislative Budget Board (LBB) estimated that, because of the costs created by the public school funding formula, the state would lose more than $263 million annually by 2006. What to do? No problem. Just take school districts out of the bill and force the appraisal cap on the other taxing entities, most notably cities and counties. With that little problem solved, the House approved H.B. 3223 on Saturday, May 10. The bill, if passed by the Senate in its present form, will be in effect for only two years, and will expire on December 31, 2005. The cost to cities will be $95.1 million statewide in 2005, and $133,2 million in 2006. The bill's proponents repeatedly said that H,B, 3223 is a truth-in-taxation bill that gives tax relief to overburdened taxpayers, But wait.,. appraisals across the state are going down, and local governments can simply raise tax rates to recoup the lost revenue without increasing effective tax rates, In addition, the average property tax bill is made up primarily of public school taxes (roughly 60 percent), which aren't affected under this bill. Nonetheless, the bill's supporters were ecstatic because, as the Austin American-Statesman noted, "If local governments want to raise more money, they will have to increase the tax rate instead of passing on higher tax bills because of rising property values." (Actually, local governments may have to raise tax rates to produce the same amount of revenue,) Representative Todd Baxter, a freshman legislator from Austin, was especially happy about the bill. "Now they'll have to actually let people know if they are raising their taxes or not. All this bill does is force governments to tell you what they are doing with your tax bill." It is not known whether Mr. Baxter, a former county commissioner, made this comment before or after he and the rest of the House voted to raise $170 million in new state revenue (see following article) without publishing a single newspaper notice, as cities are required to do, For H.B. 3223 to go into effect, Texas voters must change the Texas Constitution by passing H.J.R. 4. Proponents of the bill know that could be a problem, since H,B, 3223 will have the effect of shifting the city/county tax burden from those whose property is going up in value to those whose property isn't going up in value. Put that together with the fact that odd-year elections in November (the usual date to vote on Constitutional amendments) are usually won or lost in Houston, where the mayoral and council elections draw high turnout from inner city neighborhoods, This may be why the bill's proponents set the election for September 13, 2003, H.B. 3223 has been sent to the Senate. City officials should e-mail, fax, and send letters to members of the Senate describing the effects of H.B. 3223. Because the session is winding down, time is of the essence. SOURCE: Texas Municipal League 78(R) HB 3223 - Engrossed version - Bill Text Page 1 of3 78R14 4 4 9 JD-D By: Bohac, Hegar, Bonnen, Wong, Howard, H.B. No. 3223 et al. A BILL TO BE ENTITLED AN ACT relating to limiting the maximum average annual increase in the appraised value of real property for ad valorem tax purposes. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: ARTICLE 1 SECTION 1.01. Section 1.12(d), Tax Code, is amended to read as follows: (d) For purposes of this section, the appraisal ratio of reC!L~()~rtY [:A h9m9f''';:9:;J9] to which Section 23. 23 ()r:_~.n1 applies is the ratio of the property's market value as determined by the appraisal district or appraisal review board, as applicable, to the market value of the property according to law. The appraisal ratio is not calculated according to the appraised value of the property as limited by Section 23.23 ~r13._~)1. SECTION 1.02. The heading to Section 23.23, Tax Code, is amended to read as follows: Sec. 23.23. LIMITATION ON APPRAISED VALUE OF RESIDENCE HOMESTEAD FOR SCHOOL TAXES. ~---_.._._-_.----- --_..,--_.-- SECTION 1.03. Section 23.23(a), Tax Code, is amended to read as follows: (a) The appraised value of a residence homestead for !iixatio~by_a--,,_choo~ di?trict for a tax year may not exceed the lesser of: (1) the market value of the property; or (2) the sum of: (A) 10 percent of the appraised value of the property for the last year in which the property was appraised for taxation times the number of years since the property was last appraised; (B) the appraised value of the property for the last year in which the property was appraised; and (C) the market value of all new improvements to the property. SECTION 1.04. Subchapter B, Chapter 23, Tax Code, is amended by adding Section 23.231 to read as follows: Sec. 23.231. LIMITATION ON APPRAISED VALUE OF REAL PROPERTY __ __ ______ __._..._____.__..________~_____.._________..____. _..____... ----.-___0.. ___,_._____n_ .-----------.-.- FOR--'I'AXATI9N___BLX~XING g]\lITS_OTHER THAN SCHQOL DISTRICTS. _ (a~ --'Ibe ~prai~_d_val u~_oLreal_pr_()pe_rt L_for _t9xa t ionl2Y~_taxil"lCl uniL()the~ than_a~ch901 d~st:r::ic~ for_~ t~x3ear 1ll9Y _rlOLe}{cee~ the lesse~L (LL_th~ma:r::ket-""aLue _Of _th~propert.~or (~ ~ 1l~?JlIll~ L (A)~fiv~ercent_~'L!be aQQ!'ais~value of the 2.r~ert:LJ:o~ tl1euJa~:t y_e_a~iIl whic~ tl1E:2!oQE;r_ty_ was_~~_iseg.~or taxation~J~es the n_~mber n()fJeaf's?ince~h~_Pf'()pert~wa~l~~J ClJ2Q;Laised; (~)__!h~ af'P:r::~is_~d'ii'91ue of thePf'()~ty_tor the lasLyear_in which the pr'9perty wa.s~pr'Cli~_ec!Land http://www.capito1.state.tx.us/cgi - bin/tlo/viewtext. cmd ?LEG=78& SES S= R&CHAMBER = 1.. 5/15/2003 78(R) HB 3223 - Engrossed version - Bill Text ~CL.th~n~~r~eLvCill.l~, .of ,. a11---.0ew impravements_t2 Page 2 of3 the~raperty. iPLlihE;nCiPfllCa i sipc.Lre a Lp:t:"gp.~rty_ f()r_pug~s.E)~aLthins sectianL th~chJeJ CiP2!:aise~_,,--haJ:.1~ U) CiPfllC.ais~nthe_PTQPe..f_ty_aL i~markeLyalue; anc:i L~)_ :L..Qc 1 ude~---.!h~ .Cil2Pf.a i--,,-aLre cS:>rds bat h~~mar ket '\791 u ~aL t he_.2:r:(2Pne_rty -.2i_nQn tJ1 enam() un-.l~af(\pu~ec:i~l1def_~;ub s E) c ti a~ 1&i;2L- (i=.l_'I'he_J. iB\i t at i ()~flruYidesi~y~ubs e ct i an~CiLta k~e f fe ct a n~.n ua-.fY --.l. 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S E;C ti:on_lL11..w h en_...!. l"lE::....Qwn E;r s h:iJ2 afn the_I2ra2er_ty_is trClnsfel'recl tQ the awner'..s _.spoQ.sne..or....survjving -,,-pause, ---.!h.",,--limHatiOIl ei(pires an January_l.oflhe.....fi.f..s.tt_ax_year ta11awiIl9tlle.Ye.Cirjn_l^ihich._ thE) Qw~r 's .SPCltl.se....oJ:'....s:U.!"'\7i ving'_sJ2.()use <:: e a s e s--.t() _Q wJ:l..tJ1e n.P rgpe r tYL un l~s Sun t h.E; _ lLmHa 1::1:..0 n..J. s....l u r the r can tin ue.Q..undE;.f' t hi...s.u s.\lb.s...e.ct:jQ.T'l. an t_hen.sul:J..s e.gl1en t_ t r ans_fe r t .o.Ci. .sQ<:)1l s e . a r...s.u r v i v ing s.po I,l..se___ (e.l__JLpf9Pe..rty, slll2JE;s:J:.t().....21.1irnitation under Subsectian W_L_g the Lthan _a . res ide n c e__h .oJ!! es te~c:i ,...i.s_...9 wn e c:i....J2.y~IN.<2......()f......rrlO r~ P~..r..s...~ n.s.LJ:h e__l i mi t ':it:i,S:Jn_E::xpjr.E;. s _~ n ncIa Il.1:l a ry L9 L.! h.E::...f i r sJ:...t ax yea r fall 01tJj, n.9..the "yea r in1tJ.hic ht h en_awn e r..sb iI2_of.a~Je as t a.2Q _2.E::.r cen t interest..i.n_the praEer.1Y .is __saId o_rQJh~rwiseJ:ransferre..c:i.-. If.) ._T h i ~_..s e c t i a n_cla.E::.s .J:l.a't._21flll"y" tn() pr() p~!:ty__aI2QJ::' a i sed un d ef subchaptE?L~Q_L ~LX,.Qr_G~. (.9J __)Il..this_sect:i,on1. "Qey,'i.!T\P.rgY~Il\.ent"._meanns an impravement tg.....f'e a l....1lJ:'Qfle:t:".t y_th_at __t s_Illa d e Cif t.E' rt:.he_Ci I2P_:t:"Cii s aL aLt:_~.l2.!:2~ty i.a:t:"....tb~Illasnt :J:'~ce.nt yeCi.r:in",hich the propert:Y\.i..as.~ppr9ise.s:LJor t:axiltiofl_ ap_dthat: incr~ases the marke.t yal11e a.! 1::he_pra~r.t:y,_The t:errn_dQ.Ees nat: i.l1clude ardiIlary mainteIlance at al1. e~isting_nst]:::_uc_t.u:r.E::. o.r....1h.E::....crrouIlds .or anather..feat\1re .of the pI:'operty_. jJ1)_ The_limit.Ci..t:i,on""prgvi_clecL.by. this nsec:::t::iaQ_a]2RliesonJL tQ t he....9.PPfa i s a .Lot rE:.Ci 1.yr.QP e r t Yn (Qr.t:.ai(.Cl.t .:i,gnJ af_an_t: a~ye a J:'n.!.ba t Q.e gi.n.s_ol1_ .of:. ag ~r. J anl,l..Ci.ry".lL2..onO 4..'-_ Fa rnPu.fpa...s.es...Qf...Cl..pl21Y i n q. J:h~ limi1::atj..an i0 !he..Jirnst_tCl..X: j@aLafJ:eI:'_tl:1.e~OO.l.t.Ci~ j@a.!:.nJ.l1....1tJhi.~h tl1~ :r.Qpe rt Y.....i s_a ppr a ise d ,. f a. r_.!.~:-:.a tj,gn...:. J) Lu_the"p'rOJ2elCt.y_i03._cansiclered..J:2~Y~.been appraised fa r.J:.ax a t i on..J.n_th~u 2..QO l. t a x"ye~J::'Cl:t _~_ I119_r k.""--t....'\T.a1 u e e g1,l a 1 t a thE; ?.PPl'ai sed ..\T_a1.'L1eJ2 f!h",,-- p.I.()flerty f ar_th.Ci.! :t:.Cix"'y'ear; J..2L_Cl.npe.J::'.sa.l1 wha_a.cClt1.i.r:~d. reilL'propertY...l.n~ta}{~ar befar~he. 0_0Lta_x y"ea..!_ :i..03.Snonsidered J::g hav..ena.<=:gu:i,!:ecL.tb.E::.._propE::.J::'ty an...cJ.2inuarr_ lL. 2.Q.0 3.i. and _( 31 CiP_~J::'sgnINhQ..qt1.Cl..liJied tJ1E; ..l2!2~_:tY...far an exempt i an ~Ilde r~ect i 2011'm13.~st:b e_pE;.:t:"."'.a.!1..'..s....f.e side n c~..J:l..ame ~ t e ad ;fo:t:".....9IlYflQrtjaIl_ .of. the 200:3 tax yeaJ:' ins cQnst.clere.d---.!o.hav~_?c:gLlired the""pr.QpenrtYn irl the 2003 t?X year. (i) This sectiaIl expires December31, 2005. ARTICLE 2 SECTION 2.01. as fallaws: (d) Far purpases hamestead ta which Sectian praperty's market value as appraisal review baard, as Sectian 1.12(d), Tax Cade, is amended ta read .of this sectian, the appraisal ratia .of a 23.23 applies is the ratia .of the determined by the appraisal district .or applicable, ta the market value .of the http://www.capito1.state.tx.us/cgi - binltlo/viewtext. cmd ?LEG=78& SES S= R&CHAMBER =],.. 5/15/2003 78(R) HB 3223 - Engrossed version - Bill Text property according to law. The appraisal ratio is not calculated according to the appraised value of the property as limited by Section 23.23. SECTION 2.02. The heading to Section 23.23, Tax Code, is amended to read as follows: Sec. 23.23. LIMITATION ON APPRAISED VALUE OF RESIDENCE HOMESTEAD. SECTION 2.03. Section 23.23(a), Tax Code, is amended to read as follows: (a) The appraised value of a residence homestead for a tax year may not exceed the lesser of: (1) the market value of the property; or (2) the sum of: (A) 10 percent of the appraised value of the property for the last year in which the property was appraised for taxation times the number of years since the property was last appraised; (8) the appraised value of the property for the last year in which the property was appraised; and (C) the market value of all new improvements to the property. ARTICLE 3 SECTION 3.01. Except as provided by Section 3.02 of this Act, this Act takes effect January 1, 2004, and applies only to the appraisal for ad valorem tax purposes of real property for a tax year that begins on or after January 1, 2004, but only if the constitutional amendment proposed by the 78th Legislature, Regular Session, 2003, authorizing the legislature to limit the maximum average annual increase in the appraised value of real property for ad valorem tax purposes to five percent or more is approved by the voters. If that amendment is not approved by the voters, this Act has no effect. SECTION 3.02. Article 2 of this Act takes effect January 1, 2006, and applies only to the appraisal for ad valorem tax purposes of a residence homestead for a tax year that begins on or after that date. Page 3 of3 http://www.capito1.state.tx.us/c gi - bin/tlo/viewtext.cmd ?LEG=78&SES S= R& CHAMB ER =1... 5/15/2003 78(R) HB 3223 Engrossed version - Fiscal Note Page 1 of2 LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 78TH LEGISLATIVE REGULAR SESSION May 13, 2003 TO: Honorable Frank MadIa, Chair, Senate Committee on Intergovernmental Relations FROM: John Keel, Director, Legislative Budget Board IN RE: HB3223 by Bohac (Relating to limiting the maximum average annual increase in the appraised value of real property for ad valorem tax purposes.), As Engrossed Estimated Two-year Net Impact to General Revenue Related Funds for HB3223, As Engrossed: an impact of $0 through the biennium ending August 31, 2005. General Revenue-Related Funds, Five-Year Impact: Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds 2004 2005 2006 2007 2008 $0 $0 $0 $0 $0 All Funds, Five-Year Impact: Fiscal Year Probable Revenue (Loss) from Counties Probable Revenue (Loss) from Cities 2004 2005 2006 2007 2008 $0 ($57,250,000) ($80,150,000) $0 $0 $0 ($95,110,000) ($133,154,000) $0 $0 Fiscal Analysis The bill would add a new section to and amend existing sections of the Tax Code relating to taxing units other than school districts, to reduce the current 10 percent maximum annual percentage cap in the appraised value of a residence homestead to a maximum of 5 percent and expand the application of the cap to include all real property. http://www.capitol.state.tx.us/cgi - binltlo/viewtext. cmd ?LEG=78& SES S= R&CHAMBER = 1.. 5/15/2003 78(R) HB 3223 Engrossed version - Fiscal Note Page 20f2 The current 10 percent cap on residence homesteads for school taxes would remain in effect. This limitation in growth of appraised value would expire December 31,2005. On January 1, 2006 the applicable sections of the Tax Code would revert to current law. Methodology Passage of this bill would have no impact on school district taxes nor the state's contribution to school districts. For the purposes of this analysis, the Comptroller's staffprojected an annual 5 percent statewide residential growth rate. The estimate assumes the appraised value of properties currently subject to the cap would not be increased to market value by passage of the bill. As a result, the existing base stock of capped properties becomes the starting point for the estimate and the proposed reduced percentage cap would increase the loss attributable to these properties, as well as increasing the number of properties added to the "capped" stock each year. The Comptroller's staff compared the projected growth rate to the recent historical growth rate to predict a fiscal 2003 loss under current law. The total predicted loss under the proposed cap was estimated by increasing the predicted fiscal 2003 loss by the ratio of the proposed cap to the old cap. The predicted fiscal 2003 loss was subtracted from the total predicted loss under the proposed bill to estimate the incremental loss. The predicted fiscal 2003 loss was used as a base to project future losses. A real property to homestead multiplier was calculated by comparing the value of all real property to the value of homestead property. The multiplier was used to extend the homestead loss to all real property. Losses were phased in over the first two years and trended at 5 percent through the projection period to account for value and rate increases. Local Government Impact The impact to units of local government is shown in the above tables. Source Agencies: 304 Comptroller of Public Accounts LBB Staff: JK, DLBa, SD, WP, DLBe http://www.capitol.state.tx.us/cgi -binltlo/viewtext.cmd?LEG=78&SES S=R&CHAMBER =1.. 5/15/2003 78(R) HB 3223 Engrossed version - Bill Analysis SRC-JEC H.B. 3223 78(R) BILL ANALYSIS Page I of3 Senate Research Center H.B. 3223 78R14449 JD-DBy: Bohac (Janek) Intergovernmental Relations 5/13/2003 Engrossed DIGEST AND PURPOSE Under current law, there is a 10 percent cap on the allowable annual increase in the appraised value of a residence homestead. H.B. 3223 makes the 10 percent cap applicable only to school taxes, and caps real property, including residential and non-residential property, for all other taxing units at five percent. The changes made by H.B. 3223 expire on December 31, 2005, at which time the affected sections of the Tax Code revert to their present state. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS ARTICLE 1 SECTION 1.01. Amends Section 1.12(d), Tax Code, as follows: (d) Provides that for purposes of this section, the appraisal ratio of real property, rather than a homestead, to which Section 23.23 or 23.231 applies is the ratio of the property's market value as determined by the appraisal district or appraisal review board, as applicable, to the market value of the property according to law. Provides that the appraisal ratio is not calculated according to the appraised value of the property as limited by Section 23.23 or 23.231. SECTION 1.02. Amends the heading to Section 23.23, Tax Code, to read as follows: Sec. 23.23. LIMITATION ON APPRAISED VALUE OF RESIDENCE HOMESTEAD FOR SCHOOL TAXES. SECTION 1.03. Amends Section 23.23(a), Tax Code, as follows: (a) Prohibits the appraised value of a residence homestead for taxation by a school district for a tax year from exceeding the lesser of the market value of the property, or the sum of: 10 percent of the appraised value of the property for the last year in which the property was appraised for taxation times the number of years since the property was last appraised; the appraised value of the property for the last year in which the property was appraised; and the market value of all new improvements to the property. SECTION 1.04. Amends Subchapter B, Chapter 23, Tax Code, by adding Section 23.231, as follows: Sec. 23.231. LIMITATION ON APPRAISED VALUE OF REAL PROPERTY FOR TAXATION BY TAXING UNITS OTHER THAN SCHOOL DISTRICTS. (a) Prohibits the appraised value of real property for taxation by a taxing unit other than a school district for a tax year from exceeding the lesser of the market value of http://www.capito1.state.tx.us/cgi - binltlo/viewtext.cmd ?LEG=78&SES S= R& CHAMB ER =1.. 5/15/2003 78(R) HB 3223 Engrossed version - Bill Analysis the property, or the sum of: five percent of the appraised value of the property for the last year in which the property was appraised for taxation times the number of years since the property was last appraised; the appraised value of the property for the last year in which the property was appraised; and the market value of all new improvements to the property. Page 2 of3 (b) Requires the chief appraiser, when appraising real property for purposes of this section, to appraise the property at its market value, and include in the appraisal records both the market value of the property and the amount computed under Subsection (a) (2) . (c) Provides that the limitation provided by Subsection (a) takes effect on January 1 of the tax year following the first tax year in which the owner owns the property on January 1, or, if the property qualifies as the residence homestead of the owner under Section 11.13 in the tax year in which the owner acquires the property, the limitation takes effect on January 1 of the tax year following that tax year. Provides that, except as provided by Subsection (d) or (e), the limitation expires on January 1 of the first tax year following the year in which the owner of the property ceases to own the property. (d) Provides that if property subject to a limitation under this section qualifies for an exemption under Section 11.13 when the ownership of the property is transferred to the owner's spouse or surviving spouse, the limitation expires on January 1 of the first tax year following the year in which the owner's spouse or surviving spouse ceases to own the property, unless the limitation is further continued under this subsection on the subsequent transfer to a spouse or surviving spouse. (e) Provides that if property subject to a limitation under Subsection (a), other than a residence homestead, is owned by two or more persons, the limitation expires on January 1 of the first tax year following the year in which the ownership of at least a 50 percent interest in the property is sold or otherwise transferred. (f) Provides that this section does not apply to property appraised under Subchapter C, D, E, F, or G. (g) Defines "new improvement." Provides that the term does not include ordinary maintenance of an existing structure or the grounds or another feature of the property. (h) Provides that the limitation provided by this section applies only to the appraisal of real property for taxation for a tax year that begins on or after January 1, 2004. Provides that for purposes of applying the limitation in the first tax year after the 2003 tax year in which the property is appraised for taxation: the property is considered to have been appraised for taxation in the 2003 tax year at a market value equal to the appraised value of the property for that tax year; a person who acquired real property in a tax year before the 2003 tax year is considered to have acquired the property on January 1, 2003; and a person who qualified the property for an exemption under Section 11.13 as the person's residence homestead for any portion of the 2003 tax year is considered to have acquired the property in the 2003 tax year. (i) Provides that this section expires December 31, 2005. ARTICLE 2 SECTION 2.01. Amends Section 1.12(d), Tax Code, as follows: (d) Provides that, for purposes of this section, the appraisal ratio of a http://www.capito1.state.tx.us/c gi - binltlo/viewtext. cmd ?LEG=78&SES S= R&CHAMBER = 1... 5/15/2003 78(R) HB 3223 Engrossed version - Bill Analysis homestead to which Section 23.23 applies is the ratio of the property's market value as determined by the appraisal district or appraisal review board, as applicable, to the market value of the property according to law. Provides that the appraisal ratio is not calculated according to the appraised value of the property as limited by Section 23.23. Page 3 of3 SECTION 2.02. Amends the heading to Section 23.23, Tax Code, to read as follows: Sec. 23.23. LIMITATION ON APPRAISED VALUE OF RESIDENCE HOMESTEAD. SECTION 2.03. Amends Section 23.23(a), Tax Code, to prohibit the appraised value of a residence homestead for a tax year from exceeding the lesser of the market value of the property, or the sum of: 10 percent of the appraised value of the property for the last year in which the property was appraised for taxation times the number of years since the property was last appraised; the appraised value of the property for the last year in which the property was appraised; and the market value of all new improvements to the property. ARTICLE 3 SECTION 3.01. Effective date: except as provided by Section 3.02 of this Act, January I, 2004. Makes application of this Act to the appraisal for ad valorem tax purposes of real property prospective to a tax year that begins on or after January 1, 2004, but only if the constitutional amendment proposed by the 78th Legislature, Regular Session, 2003, authorizing the legislature to limit the maximum average annual increase in the appraised value of real property for ad valorem tax purposes to five percent or more is approved by the voters. Provides that if that amendment is not approved by the voters, this Act has no effect. SECTION 3.02. Effective date for Article 2 of this Act: January 1, 2006. Makes application of Article 2 of this Act to the appraisal for ad valorem tax purposes of a residence homestead prospective to a tax year that begins on or after January 1, 2006. http://www.capitol.state.tx.us/cgi - binltlo/viewtext.cmd ?LEG=7 8&S ES S= R&CHAMBER =],.. 5/1512003 RESOLUTION R-03-2157 A RESOLUTION OPPOSING H.B. 3223, WHICH CAPS THE ANNUAL INCREASE IN APPRAISAL OF ALL REAL PROPERTY AT FIVE PERCENT WHEREAS, the Texas House recently passed H.B. 3223 which caps the annual increase in the appraisal of all real property at five percent for cities and county entities only; and WHEREAS, this bill would create confusion as school district's appraised values are excluded from this legislation and taxpayers would have different values for different taxing entities; and WHEREAS, in times of shrinking revenues, the provision of the five percent cap on all real property rather than the ten percent cap on residential homesteads will cause financial hardships for many Texas cities. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, Sec. 1. THAT the City opposes passage of H.B. 3223. AND SO IT IS RESOLVED. AYES, DAY OF NAYS,AND 2003. PASSED BY A VOTE OF ABSTENTIONS ON THIS ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor COLLEYVILLE CENTER ADVISORY COMMITTEE FIRST QUARTERLY MEETING - FY 2003 FEBRUARY 17, 2003 MINUTES Present: Chair Bonnie Carroll, Paul Vigiletti, Louis Miller, Muriel Havran, Sharon O'Neil, Andrew Wayne, Rob Rutherford, Mark Johnson, Sheryl Black, Pat Jones, Molly Skinner, Ex-officio member Teri Ferney Council Liaison Mayor Donna Arp, Council Liaison Councilman Joe Hocutt, Deputy City Manager Dianne McWethy, Center Manager Un Przybyl Absent: Mary Michaels, Shirley Schollmeyer, Ex-officio member Karen Birkes 1. Chair Bonnie Carroll called the meeting to order at 5:30 p.m. 2. Chair Bonnie Carroll recognized former members, Teri Ferney and Karen Birkes, in appreciation for their two-year term of service to the Colleyville Center Advisory Committee. Chair Bonnie Carroll accepted the award for Karen Birkes. 3. Chair Bonnie Carroll introduced the incoming committee members, Pat Jones, representing Colleyville Garden Club and Molly Skinner, representing National Charity League. 4. Minutes for the November 4, 2002 quarterly meeting were approved. 5. The Committee reviewed and discussed the FY03 - 151 Quarter Report for the Center. 6. The Committee reviewed the Anniversary Subcommittee minutes of November 11, 2002, November 20, 2002, December 3, 2002, December 9, 2002 and January 6, 2003. 7. Anniversary Subcommittee Chair Andrew Wayne reported on the Anniversary event. The Advisory Committee hosted over 150 guests at the successful January 10, 2003 event. Dedication ceremonies for the new bridge at the Riverwalk Drive entrance opened the event. The festivities included continuous entertainment and a food buffet sponsored by local restaurants, caterers and businesses. 8. The Committee unanimously approved staff request to extend rental hours to 11 p.m. on weekdays and 1 a.m. on weekends. The committee unanimously approved booking weekday or Sundays preceding a holiday at the weekend posted times. The Committee unanimously approved staff recommendation to use the weekend rate for any booking on a published City holiday. 9. Chair Bonnie Carroll adjourned the meeting at 6:05 p.m. citY Of llC9 Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, March 3, 2003 7:00 p.m. Bill Mitchell called the meeting to order at 7:04 p.m. on Monday, March 3, 2003 at the Parks and Recreation office. ROLL CALL: Members: Mayor Pro Tem Ginny Tigue, Meg Davis, Chris Foy, Jim Messina, Bill Mitchell, Pete O'Brien, Vince Rosen and Chuck Thomas ABSENT: Nancy Coplen and Gil Turner STAFF: Dianne McWethy, Deputy City Manager, Monica Sue Walsh, Parks and Recreation Manager, Craig Dishman, Recreation Supervisor and Barbara Werner, Administrative Secretary 1. Call to Order 2. Approval of the January 6, 2003 Minutes Jim Messina moved to approve the January 6, 2003 Parks and Recreation Advisory Board Minutes and Pete O'Brien seconded the motion. The vote was unanimous. 3. Appoint Parks and Recreation Advisory Board Chairman and Vice-Chairman Monica Sue Walsh indicated that the Parks and Recreation Advisory Board selects a Chairman and Vice-chairman every year. Bill Mitchell nominated Jim Messina for Chairman. Meg Davis seconded the nomination. The vote was unanimous. Bill Mitchell nominated Meg Davis for Vice-chairman and Pete O'Brien seconded the nomination. Chuck Thomas nominated Bill Mitchell for Vice-chairman. Jim Messina seconded the nomination. Bill Mitchell declined the nomination. The board unanimously voted Meg Davis as Vice-chairman. Parks and Recreation Advisory Board Meeting March 3, 2003 Page 2 4. Discussion and Consideration for amending the Colleyville Pathways a Citywide Trail Master Plan Sandi Izzarelli, Ron Wade, Stan Cramb and Ed Mcknight each addressed the board stating their reasons why they did not want the proposed trail to cross their private property located on Shadywood Lane. After discussion by the board, Chuck Thomas moved to amend the Colleyville Pathways a Citywide Trail Master Plan to remove the portion of the trail between Jackson Rd. and Martin Parkway and to ask the consultant to come up with an alternate plan for the trail. Meg Davis seconded the motion. The vote was unanimous. 5. Discussion and Consideration of Eagle Scout Project Harrison Atkins handed out his proposed Eagle Scout project to re-seal and repair the Kidsville playground located at City Park. He estimates to complete the project by May 10, 2003. Meg Davis moved to accept the Eagle Scout Project for Kidsville. Chris Foy seconded the motion. The vote was unanimous. 6. Discussion and Consideration of Eagle Scout Project. Spencer Cureton handed out plans for his Eagle Scout Project to build bluebird and bat houses for the Colleyville Nature Center. He hopes to finish his project by early April. Chuck Thomas moved to accept the Eagle Project as presented by Spencer Cureton. Pete O'Brien seconded the motion. The vote was unanimous. 7. Discussion and Consideration of appointment of representative(s) to serve on sub-committees. Monica Sue Walsh indicated the Bransford Park Master Plan Committee and the Tree board each had one opening. The SidewalklTrail Committee had two openings. Vince Rosen and Meg Davis volunteered to be on the SidewalklTrail Committee. Jim Messina volunteered to serve on the Bransford Park Master Plan Committee. Pete O'Brien volunteered to serve on the Tree Board. 8. Recreation, Athletics, Tennis and Seniors' Reports Craig Dishman, Recreation Supervisor provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. Parks and Recreation Advisory Board Meeting March 3, 2003 Page 3 9. Park Operations and Capital Improvement Status Reports Monica Sue Walsh, Parks and Recreation Manager presented a status report on current projects. 10. Citizen comments/presentations regarding items not on the agenda 11. Adjournment Chuck Thomas moved to adjourn at 8:45 p.m. and Meg Davis seconded the motion. The vote was unanimous. Respectfully submitted and approved: ~fw,4 j I1J~}t4'\.LV Barbara Werner, Administrative Secretary ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - APRIL 8, 2003 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on April 8, 2003. Roll Call Present: Rich Munson, Skip Reynolds, Butch Bercher, Larry Henry, Dee McNosky, Ron Sturgeon Absent: Pat Davis Staff: Tom Niederauer, Jan Levy, Eddie Edwards, Gary Jenkins Approval of Minutes March 25, 2003 Larry Henry moved to approve the minutes. Butch Bercher seconded the motion. The motion was passed by a unanimous vote. Chairman McNosky explained the procedures of the Zoning Board of Adjustment and did not outlined the meeting format for the audience since the only people present for the meeting beside the Board and staff were the applicant and the owner of the property and they were at the last meeting when the case was tabled. The five voting members were: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, and Larry Henry; however, the alternate member Ron Sturgeon may enter into the full discussion of the case. AQenda Items Case A-03-003 - TABLED ITEM - Request by Larry Cole, Foxcreek Residential Development, Inc. for a variance from the fence setback regulations of the Colleyville Land Development Code at 401 Vintage Court, Lot 17, Block 5, Remington Park Addition, Phase III Larry Henry moved to remove the item from the table. Butch Bercher seconded the motion. The motion passed by unanimous acclamation. Tom Niederauer presented the case to the Board and reviewed the staff briefing. He displayed overheads of the location of the property, and the site plan. He said the applicant met with the surrounding property owners who previously submitted letters of opposition in order to try to mitigate their concerns. Tom said there the surrounding property owners sent letters that now support the variance as long as the following conditions are placed on the variance: · The fence will be a five foot, six inch (5' 6") tall iron rail fence; Zoning Board of Adjustment Minutes - April 8, 2003 Page 1 of 3 Approved on April 13, 2003 · The fence will be placed six feet (6') from the property line; . Photinia shrubs, holly and/or crepe myrtles to be planted on three foot (3') centers; · Bradford pear trees to be planted in the bed; and · No metal edge to be placed along the shrub bed. The Board discussed the location of the fence in relationship to the sidewalk and the curb. Larry Cole, the applicant, explained how the laid on curb within the subdivision allows for additional footage in the right-of-way. Butch Bercher commented on the way the applicant met with the neighbors and submitted a cohesive plan that did not alienate any neighbors. Butch Bercher moved to approve the 9' fence setback variance with the following conditions: · The fence will be a five foot, six inch (5' 6") tall iron rail fence; · The fence will be placed six feet (6') from the property line; . Photinia shrubs, holly and/or crepe myrtles to be planted on three foot (3') centers; · Bradford pear trees to be planted in the bed; and · No metal edge to be placed along the shrub bed. Skip Reynolds seconded the motion. The vote being: Ayes: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, Larry Henry Noes: None Discussion of Items Not on the AQenda There was discussion by the Board about a variance that was granted on property at the corner of Montclair Drive and Glade Road. Rich Munson said the applicant stated he planned on constructing a rail fence similar to others in the neighborhood along Montclair Drive and he has built a four rail fence that is higher than the other rail fences in the neighborhood. He asked staff to check into the matter. There was also discussion about the variance for a fence that was granted on 111 Greenbriar Lane and it appears that the property owner moved accessory buildings up next to the fence which would be an encroachment over the building line. Staff said they would check on that situation. ADJOURNMENT The meeting was adjourned by acclamation. They're being no further business, the meeting adjourned at 7:30 p.m. Zoning Board of Adjustment Minutes - April 8, 2003 Page 2 of 3 Approved on April 13, 2003 Respectfully Submitted, Approved on: Note: As a matter of public record, an audio recording of this Zoning Board of Adjustment meeting is available upon request. Zoning Board of Adjustment Minutes - April 8, 2003 Page 3 of 3 Approved on April 13, 2003 COLLEYVILLE HISTORICAL PRESERVATION COMMITTEE Minutes - April 8, 2003 I. Call To Order The meeting of the Colleyville Historical Preservation Committee was called to order at 7:10p.m. Roll Call - Members Present: Joe Deupree, Nicky Fettig, Sammie Bolling, Lila Coley, Ed Havran, and Gerald Hartman, Jr. Members Absent: Betty Jean Willbanks, Molly Munson, Shirley Schollmeyer and Mike Patterson. Also present were Deputy City Manager Dianne McWethy and Artist Larry Crowder. II. Approval of the March 11, 2003 Minutes Ed Havran made a motion, second by Gerald Hartman, to approve the minutes of the meeting of March 11,2003. Motion approved. III. Discussion and Consideration of a Historical Sculpture Larry Crowder requested that the Historical Preservation Committee support his proposal for the creation of a bronze bust of Dr. Colleyville for placement at the new City Hall. A potential funding source for the bronze bust, in the amount of $8,500 excluding the pedestal and base, could be raised through private donations. There was general discussion related to the participation of the Historical Preservation Committee and the structure related to the support and timing of the funding for the sculpture. Ed Havran made a motion requesting that staff review this proposal with the City Attorney. Lila Coley seconded the motion. Motion approved. IV. Update of Local Historical Marker Applications Discussion was held regarding the local historical marker planned for the Bogart Dairy, which would be located in front of the Market Street Grocery. Ed Havran will prepare the local historical marker application for the consideration at the next meeting. Gerald Hartman requested that staff prepare a book of the City Council approved Local Historical Marker Applications. Gerald Hartmann volunteered to be the keeper of the book. V. Update of Historical Preservation Foundation There was no report regarding this item. VI. Discussion and Consideration of Historical Information for the Colleyville Website General discussion ensued regarding the placement of the local historical marker applications on the website. VII. Discussion of the City of Colleyville 50th Year Anniversary Event Nicky Fettig provided an update of the 50th year celebration. She discussed the committee developing an "identify" or theme for the celebration. Nicky will meet with Dixie Cawthorne, Communications Manager, prior to the next meeting. VIII. Adjournment Meeting adjourned at 9: 15 p.m. The next regular scheduled meeting will be May 13, 2003. CITY COUNCIL CC~'" AGENDA BRIEFING fl'X":; MEETING DATE: OS/20/03 CITY MANAGER I ITEM # : 15 DEPARTMENT HEAD' REPORT # : N/A FINANCE REVIEW Previous Action: None DEPARTMENT: FINANCE SUBJECT: Monthly Financial Report - April 2003 General Fund The percentage of current year taxes collected is slightly behind April 2002 collections, but delinquent tax collections ($63,162) continue to climb, exceeding the total amount collected in any prior fiscal year. The annual natural gas franchise payment from Oncor was $163,219. Sales tax revenue received in April was down ($2,312/2.52%). Nine residential permits were issued in April; a decrease of five over those issued in April 2002. On a year-to-date basis, residential permits are up by seven. Municipal Court revenues are slightly ahead of prior year revenues. The average amount expended by the departments at the end of April is 50.0%. Utilitv Fund Water usage is slightly below prior year usage, due to significant rainfall in late November and December. Building related revenues are down slightly and penalties are up. Sewer-tie on charges are down, because most of the customers to whom sewer was extended through Project C Phases I and II paid their tie-on fees in early Fiscal Year 2002. The average amount expended by the Utility Fund at the end of April is 44.8%. MONTHLY FINANCIAL REPORT - APRIL 2003 Current Taxes Delinquent Taxes Penalty & Interest $6,197,339 39,500 36,000 $6,099,532 63,162 32,359 $5,964,939 31,500 25,000 $5,458,916 35,407 25,729 ............................................................................... ............................................... '," ................................. . .................................. ......................................... j@m$tAgYAtgRgMI~g~H...,. \\...\...~;g~;~;W:: ..,..~~;1$~;Q~~U.U$~;Q?1;4~~..)'..~~;~#Q.;g~? 11,74% 78.39% 25.77% TXU Electric $687,600 $820,290 $687,600 $878,972 -6.68% Tri-County Electric 40,000 46,657 40,000 44,288 5.35% TXU Gas 180,000 163,219 180,000 231 ,566 -29.52% Southwestern Bell 110,630 60,217 55,315 64,282 -6,32% Verizon/Others 47,672 26,607 23,836 31,609 -15.82% Refuse/Recycling 85,000 46,564 46,042 47,019 -0.97% Cable TV 105,000 80,097 78,750 79,910 0.23% 'mpm~t)IANqfll"gl~;%...U.(. ............................ . ....,...................~......... .................................... ............ ........................... '" ,~~:;g~;.. .:U..~1;~!~i~~j......i1;j11~1~.....~1:;~~7;~W. Sales Tax Mixed Beverage Tax $1,576,453 30,500 $733,111 23,271 $799,978 22,875 $794,481 20,597 -7.72% 12.98% .................................... .... ................................ ...'..)...,..iyi~~~i~~g. .,...'. ....,J)~~?~;~~~.: Building Plumbing Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits $485,000 105,000 63,000 37,000 110,000 2,000 1,965 7,500 5,700 2,650 $282,014 57,143 34,381 27,250 70,165 1,512 1,510 2,590 3,060 3,700 $282,917 61,250 36,750 21 ,583 64,167 1,167 1,146 4,375 3,325 1,546 $257,674 58,151 34,872 29,793 65,510 1,222 1,564 4,888 3,300 925 9.45% ,1.73% -1.41% -8.54% 7.11% 23.73% -3.45% -47,01% -7.27% 300.00% ;rqT.*4.)~\@gN~ffl~.~egRMjl~:.. ....:::..$~jg;~~i Fines False Alarms $555,000 7,750 $264,038 4,100 $312,188 3,875 $258,242 5,200 .................................... ..... .............................. ..... ............'....H...yi~~~U~~... .......' ...'...........~~1~;I~. ........ '......n...H.nm~Ajfg} 2.24% -21.15% MONTHLY FINANCIAL REPORT - APRIL 2003 Re-zoning $16,000 $5,700 $9,333 $4,830 18.01 % Plat Fee/Site Plan 16,000 8,407 9,333 9,148 -8,10% Board of Adjustment 1,000 1,125 583 675 66.67% Sale of Material 3,000 1,982 1,750 1,904 4.10% Weed Mowing 2,000 200 1,167 650 -69.23% Animal Impoundment 3,795 1,848 2,214 1,630 13.37% Ambulance 88,050 51 ,434 51,363 43,096 19.35% Recreation Program 181,025 55,147 55,000 55,431 -0.51 % Non-Resident Fee Parks 22,100 7,210 11,050 8,130 -11.32% Field Use Charge 20,000 9,595 11 ,667 9,225 4.01% Engineering & Inspection 95,000 68,991 55,417 193,391 -64.33% Chgs & Reimbursements 13,000 5,078 7,583 22,885 -77,81% Community Center Rental 165,000 87,541 96,250 94,135 -7.00% Lot Drainage Insp Fee 20,000 9,750 11 ,667 8,500 14.71% .................................... ... ............................... . ................................. ...... . .................................. +gl$g~tl!m$,$$p9~$gRV!~F)).'..UH.'U$~#.~,~!9 )H...$.l1~;99~ ...'.~~?#@t~.. ......):)....:...'e$~;~~9 DARE Officer Reimb $67,004 $0 $0 $0 0.00% ........................................,.....................,.................,......,.. .......................................... yq[$~jm]$.R~QY~RNMgf:ilTiij......).'..'. H).,.......HH...i~t;Q9.4 Sale of Surplus Property Interest Income Miscellaneous Use of Fund Balance Celebrate Colleyville Contributions Tower Rental $10,000 276,000 21,500 60,000 15,000 55,508 $8,691 73,192 24,339 o 5,700 25,570 $10,000 125,000 13,000 o 15,000 24,000 $13,692 88,895 29,480 o 11,715 32,515 -36.52% -17.66% ,17.44% 0.00% -51,34% -21.36% ................................................................................ ............................................. YprAW:Ml$pgG!illANgQm$::,$~~;Qg~ ....... ............................ ":~j~Z~99Q Transfer from Utility Fd Transfer from Capital Projects $475,060 $66,658 $0 o $0 o $0 o 0.00% 0.00% ...............................................................,........... itQle.W:i.tlN$fgR.~:HH):::::~~1j;%1:~: .................................................................................,....... ......................................... ....................................... ........................................ ............................................ .......................... mp[$~ggN~R~Mf9.NPfflgM$Ngg$,:..:..I.'@~g@~qi~I':.'.$~;~~~;g4~H$.~;g$j@~~~::...:..'...H:....~~;~~I;;Wli'::H:::::~;rmw.~,. MONTHLY FINANCIAL REPORT - APRIL 2003 TOTAL PERCENT FY 2003 THROUGH THROUGH INCREASE INCREASE BUDGET 4/30/03 4/30/02 (DECREASE) (DECREASE) % OF CURRENT TAX ROLL COLLECTED 98.8% 96.14% 96.24% -0.10% ,0.10% RESIDENTIAL BLDG PERMITS 150 71 64 7 10.94% COMMERCIAL BLDG PERMITS 10 9 9 0 0.00% PLUMBING PERMITS 900 590 621 (31 ) -4,99% ELECTRICAL PERMITS 400 251 263 (12) -4.56% CITATIONS ISSUED 9,600 4,830 4,864 (34) -0.70% CITATIONS APPEALED 132 126 69 57 82.61% City Council and Secretary City Manager Finance Legal Engineering Building Inspection Community Development Fire Police Parks Recreation Library Marketing Community Center Streets & Drainage Municipal Court Fleet Maintenance Performance $264,422 567,258 426,960 80,000 571,866 302,316 487,310 2,765,303 2,972,425 1,138,241 341,653 216,723 129,647 328,860 1,048,949 236,682 183,484 148,500 $135,358 296,543 242,866 44,896 277,906 137,085 233,182 1,616,259 1,618,179 453,751 120,047 15,537 70,676 160,439 491,082 98,775 92,923 o ..-....,..'.'.......-.....-.......'.'.......-.-...-.-..,.'.',','.'.-,-. $$,1Q~;~Q4, $139,201 297,543 241 ,220 40,000 276,456 140,235 234,653 1,618,284 1,621,231 459,828 120,583 16,000 70,939 162,252 498,691 97,916 99,785 o ... ,..,.,.--.....".-............-- ..................................... .................................... ,', ""'ll"6.. ""1'>j>t"'tt1.."'" ~~~::~::~: :~::~: :~::~::~:.:.: f::.. :9~~:~::", ::r:::l: l 51.2% 52.3% 56.9% 56.1% 48.6% 45.3% 47.9% 58.4% 54.4% 39.9% 35.1% 7.2% 54,5% 48.8% 46.8% 41.7% 50.6% 0,0% $129,064 270,715 184,094 35,104 293,960 165,231 254,128 1,149,044 1,354,246 684,490 221,606 201,186 58,971 168,421 557,867 137,907 90,561 148,500 .....-----_... ....----...". ...................................... ..................................... """""""""""$&.. "..""1..05.... ""09.5.. ',.... ',',',' ............ ... .. ... ........... . .. ... : :=:::: {:::} ::::~:. .':' .:. t. ::: .;: ::: .;.: ~ ::: ~.: .:: ::: .;. :~: :~: MONTHLY FINANCIAL REPORT - APRIL 2003 Water Sales $6,624,803 $2,502,251 $2,622,318 $2,503,010 -0,03% Sewer Sales 1,918,297 1,128,620 1,119,007 1,018,369 10.83% Sewer Installation 15,000 7,400 8,750 10,050 -26.37% Water Installation 42,000 18,660 24,500 21,620 -13.69% Sewer Tie-on Charges 10,000 13,020 5,833 48,601 -73,21 % Engineering Charges 35,000 28,507 20,417 89,525 -68.16% Penalties 163,603 78,670 81 ,802 72,334 8.76% Miscellaneous 9,200 6,641 5,367 8,483 -21.71 % TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 4/30/03 4/30/02 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 761,905,211 763,147,400 (1,242,189) -0.16% NUMBER OF WATER CUSTOMERS 7,724 7,552 172 2,28% Administration $188,094 $98,788 $99,025 52.5% $89,306 Billing 235,456 107,681 106,786 45.7% 127,775 Operations 6,143,465 2,555,131 2,636,535 41.6% 3,588,334 Debt Service 1,096,294 894,149 894,149 81.6% 202,145 Performance Pay 22,988 0 0 0,0% 22,988 Transfer to General Fund 475,060 0 0 0.0% 475,060 RESOLUTION R-03-2158 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MAY 20, 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