HomeMy WebLinkAboutCity Council-Agenda Packets-7/1/2003
City of
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Texas
AGENDA
CITY COUNCIL MEETING
5400 BRANSFORD ROAD
JULY 1, 2003
5:15 P.M. - PRE-COUNCIL AGENDA
PC-1. Presentation and video of the Games of Texas event
PC-2. Discussion regarding a vacant commercial property maintenance ordinance
PC-3. Discussion of July 1, 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
7:30 P.M. - RESUME REGULAR MEETING
INVOCATION:
Reverend Lloyd McCutchen, Pleasant Glade Assembly of God
PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS
PROCLAMATION - In recognition of Parks and Recreation month - Monica Walsh,
Parks and Recreation Manager
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-03-2178 - Consent Items:
a. Approval of minutes of the regular City Council meeting of June 17, 2003
b. Approval minutes of the City Council Worksession of June 6-7, 2003
c. Approval of a Change Order for the Grounds Maintenance Contract
Mowing with O'Donnell's Landscape Services, Inc., in the amount of
$5,356.32
d. Approval of a Change Order for the Horticulture Grounds Maintenance
Contract with O'Donnell's Landscape Services, Inc., in the amount of
$305.00
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1407 -
Approval of a Zoning Change from AG to R20 on 1.0 acres located at 1112 John
McCain Road, Case Z-03-010
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1408 - Approval
to amend Chapter 4 - Landscaping and Buffering of the Land Development Code
regarding continuation of maintenance in the event of a commercial vacancy,
Case Z -03-012
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1409 - Adopting
an annual budget for Fiscal Year 2004 for the Colleyville Crime Control and
Prevention District
7. READING AND PUBLIC HEARING - Resolution R-03-2179 - Approval of the
initiation of a placement of street signage, limitation of future modification, and
proposed developer landscaping design enhancements for a driveway location at
the intersection of Riverwalk Drive
8. READING AND PUBLIC HEARING - Resolution R-03-2180 - Approval of a
waiver of perimeter street improvement requirements on Lot 1, Block 1, Debrecht
Addition, located at 306 W. Van Oaks Drive
9. READING AND PUBLIC HEARING - Resolution R-03-2181 - Approval of a
waiver of perimeter street improvement requirements and parkland dedication
fees on 1.0 acres located at 1112 John McCain Road, Case P-03-013
10. READING AND PUBLIC HEARING - Resolution R-03-2182 - Approval of a
variance to the sign regulations for a sign located in front of Westgate
(Rosebrook) Villas on the south side of McDonwell School Road in the 700 block,
Case G-03-021
11. READING AND PUBLIC HEARING - Resolution R-03-2183 - Approval of a
variance to the Sign Regulations for a sign located at 5708 Colleyville Boulevard,
Case G-03-020
12. READING AND PUBLIC HEARING - Resolution R-03-2184 - Approval of
Musco Lighting Buy Board quote for the Pleasant Run Soccer Field lighting, in
the amount of $59,943
13. READING AND PUBLIC HEARING - Resolution R-03-2185 - Approval to
amend Resolution R-03-2174 related to the terms of the Audit Committee
REPORTS:
14. HISTORICAL PRESERVATION COMMITTEE MINUTES - May 13, 2003
LIBRARY BOARD MINUTES - May 12, 2003
CITIZEN COMMENTS:
15. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
16. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 1, 2003 - Reading
and Public Hearing - Resolution R-03-2186
ADJOURNMENT:
17. ADJOURNMENT
I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, June 27,2003,
at 5:00 p.m.
~~
Cynthia Singleton, TR
City Secretary
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.577.7575, and reasonable accommodations will be made to assist you.
PRE COUNCIL
cae'" AGENDA BRIEFING
IC'X;:'l$
MEETING DATE:
ITEM#:
07/01/03
PC-1
CITY MANAGER i
DEPARTMENT HEAD
FINANCE REVIEW
Previous Action: None
DEPARTMENT: PARKS AND RECREATION
SUBJECT : Presentation and video of the Games of Texas
event
Monica Sue Walsh, Parks and Recreation Manager will provide information related to the
Games of Texas.
Attachments
. 2003 Games of Texas pamphlet
PRE-COUNCIL
cae'" AGENDA BRIEFING
IL~X,,$
MEETING DATE:
ITEM # :
07/01/03
PC-2
CITY MANAGER i
DEPARTMENT HEAD ,
FINANCE REVIEW i
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Discussion regarding a vacant commercial property
maintenance ordinance, Case G-03-016
Backoround
During a recent City Council orientation and planning workshop, one issue identified as a
community concern is the unsightly appearance of vacant commercial businesses on State
Highway 26. Except for the dangerous building ordinance that requires a property owner to
demolish a structure once it has become deteriorated beyond reasonable repair, there are no
ordinances requiring a property owner to properly maintain a vacant commercial building.
Attached is a draft ordinance regarding minimum maintenance standards for vacant
commercial buildings. Staff will make a brief presentation to the City Council at the July 1,
2003, Pre-Council meeting. The development of the draft ordinance is a result of City Council
discussion with the City Manager's Office and in response to the recent planning session by
the City Council. The key elements of the ordinance are as follows:
./ Requires registration of a vacant commercial property that has been vacant for six
months
./ Establishes minimum building maintenance criteria
./ Authorizes issuance of citation for failure to comply
· Attachment 1 - Proposed ordinance
ORDINANCE 0-03'--
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 18
- BUILDINGS AND BUILDING REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF COLLEYVILLE, TEXAS TO ESTABLISH REGULATIONS FOR VACANT
COMMERCIAL BUILDINGS; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND AUTHORIZING
PUBLICATION.
I DRAFT I
WHEREAS, the City Council of the City of Colleyville has determined that it is in the
best interest of the citizens of Colleyville, Texas to establish minimum
maintenance standards for and to require registration of vacant commercial
buildings; and
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before such
hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT Chapter 18 - Buildings and Building Regulations, of the Code of
Ordinances of the City of Colleyville, Texas, is hereby amended to insert a new
Article IX - Vacant Commercial Buildings to read as follows:
Article IX - Vacant Commercial Buildings
Section 18-300. Purpose.
Purpose. The purpose of this article is to protect the health, safety and welfare
of the citizens of Colleyville by:
(a) establishing registration requirements and minimum maintenance
standards for vacant non-residential buildings and structures, and
(b) preserving and protecting property values through the prevention of
structural deterioration of vacant non-residential buildings and structures,
and
(c) fixing certain responsibilities and duties of property owners of vacant non-
residential buildings and structures;
(d) authorizing and establishing procedures for the inspection of vacant non-
residential buildings and structures, and premises thereof determined to be
in non-compliance with this article; and .
Ordinance 0-03-xxxx
Page 2 of 7
(e) providing for the administration and enforcement of this article.
Section. 18-305. Scope and Applicability of Regulations
The City of Colleyville adopts these regulations pursuant to the authority of
Chapter 217, Texas Local Government Code, and the provisions of this article
shall apply to all vacant non-residential buildings and structures, or portions
thereof, including the premises where such non-residential buildings or
structures are situated, within the corporate limits of the City of Colleyville,
Texas, and which remain vacant for a period of six (6) months.
Section. 18-310. Declaration of Public Nuisance and Violation
Any vacant non-residential building or structure, or portion thereof, or the
premises on which the same is located, in which there exists a condition that is
not in compliance with this article shall be deemed and is hereby declared to
be a public nuisance and shall be a violation of this article and subject to the
penalty provisions contained herein.
Section 18-315. Registration of vacant buildings.
(a) All non-residential buildings that remain vacant for a period of six (6)
consecutive months or more shall be registerd with the building official.
Registration shall include the name, address and telephone number of the
property owner and a contact person.
(b) A registration fee of one hundred fifty dollars ($150.00) shall be paid when
the building is registered. An annual fee of one hundred dollars ($100.00)
shall be paid annually for each year following the original registration date
unless the building is occupied prior to that date.
(c) The building official, or his representative, shall send written notice to the
address of the property owner as shown on the tax rolls advising the
property owner to comply with the registration requirments of this section
within (10) days after receipt of notice and providing to comply with the
registration requirements of this section and thirty (30) days to comply with
the requirements of this article.
Section. 18-320. General Maintenance Requirement.
It shall be unlawful for a property owner to fail to properly maintain the exterior
of a non-residential building or structure in a structurally sound condition with
particular attention to the specific items contained in this article. Requirements
stated herein shall pertain to both primary and accessory structures.
Ordinance 0-03-xxxx
Page 3 of 7
(a) Structures shall be secured to prevent unauthorized access. However, no
security fencing shall be allowed beyond a building set back line which is
adjacent to a street right-of-way.
(b) All signs on the structure or property shall be blanked out or removed
entirely.
(c) All trash, debris, and/or unfixed exterior equipment shall be removed from
the property.
(d) The landscaping on the property shall be maintained as would be expected
of an occupied building. Landscaping required pursuant to city ordinances
shall be maintained and/or replaced as necessary to maintain compliance.
No grass or weeds shall be allowed to exceed six (6") inches in height at
any location on the premieses, including the area adjacent to any poles or
fences.
(e) The parking lot and paved drive areas shall be maintained. Barriers that
prevent access to a property shall be approved by the fire marshal.
(f) Fire prevention, detection, and suppression equipment must be maintained
as approved by the fire chief.
(g) The city fire department shall have access to the property through a fire
department approved lock.
Section. 18-325. Exterior Walls and Exposed Surfaces.
Every exterior wall shall be maintained in a structurally sound condition as
provided in this section as follows:
(a) Exterior walls shall be free of visible deterioration, free of holes, breaks,
loose or rotting boards or timbers which might prevent the wall from safely
bearing the loads for which it was designed. Deteriorated or damaged
exterior components of structures shall be repaired or replaced so as to
match the original construction of the building.
(b) All weather-exposed exterior surfaces shall be free of visible deterioration
or any condition which might admit rain or dampness and cause damage to
the structural load bearing members of the walls.
(c) All exterior wood surfaces shall free of visible deterioration. Wooden
materials shall be made substantially impervious to the adverse effects of
weather by application of an approved protective coating of weather-
resistant preservative, and be maintained in good condition. Exterior metal
Ordinance 0-03-xxxx
Page 4 of 7
surfaces subject to rust or corrosion shall likewise be protected.
(d) Windows and doors, if boarded up, shall be boarded on the inside of the
building and weatherproofed with a complimentary color.
Section. 18-330. Roofs.
The roof shall be maintained in a structurally sound condition and free of
visible deterioration. Roofing materials shall provide a water-tight and weather
resistant seal, and have no defects which might admit rain. Roof drainage
shall be adequate to prevent rain water from causing dampness in the walls or
interior portion of the building.
Section. 335 Windows and Doors
All windows and exterior doors, including service doors, shall be maintained in
good repair, free from visible structural defect, deterioration or damage, and
made weather-resistant through the use of decay-resistant materials or the
application of paint or other preservatives. Any broken or missing panels on
service doors shall be repaired or replaced in such a manner so as to match
the existing panels. Windows and doors shall be considered in good repair
which meet the following criteria:
(a) Every window sash shall be fully supplied with glass windowpanes or an
approved substitute which are without open cracks and holes.
(b) Every window sash shall be in good condition and fit weather-tight within its
frames.
(c) Every window required for natural ventilation or secondary escape in case
of fire, shall be capable of being easily opened and shall be held in position
by window hardware.
(d) Every exterior door, door hinge, and door latch shall be in proper repair.
(e) Every exterior door, when closed, shall fit reasonably well within its frame.
(f) Every window, door, and frame shall be constructed and maintained in
such relation to the adjacent wall construction so as to exclude rain as
completely as possible, and to substantially exclude wind from entering the
dwelling or multi-family dwelling.
Section. 18-340. Right of Entry.
Whenever it becomes necessary to make an inspection to enforce the
Ordinance 0-03-xxxx
Page 5 of 7
provIsions of this code, or whenever the building official, or designated
representative, has reasonable cause to believe that there exists in any vacant
non-residential building or structure, or the premises on which the same is
located, which violates the provisions of this article, the building official, or
designated representative may enter such property at all reasonable times to
inspect the same, or to enforce a provision of this article; provided he shall first
make a reasonable attempt to locate the owner, or other persons having
charge or control of the property, and request entry, and if entry is refused, the
building official, or designated representative may attempt to secure entry by
any legal means.
Section. 18-345. Notice of Violation.
Whenever the building official, or designated representative, determines that a
violation of this article exists or that there are reasonable grounds to believe a
violation of this article exists, he shall give notice of such violation or alleged
violation to the person or persons responsible for such violation as follows:
(a) The property owner, or his agent, shall be served with a written notice
which states the violation and require compliance with this code within ten
(10) days from the date the notice is served. The notice may be served by
handing it to the property owner, or agent, in person, or by depositing the
same in the United States mail, addressed to the property owner at the
owner's address as shown on the official registration of vacant non-
residential properties, or on the most current tax rolls approved by the City,
if no response is received from the registered property owner. If the owner
cannot be found and the notice is returned by the United States Postal
Service, then the owner may be notified as follows:
1. Publication two times within ten (10) consecutive days in the official
newspaper of the City; or
2. Posting the notice on or near the front door of each building on the
premises where the violation exists.
(b) If such person, firm or corporation fails or refuses to comply with the
provision of this article within the specified period following notification, they
shall be considered to be in violation and subject to fine and penalties as
provided herein.
Section. 18-350. Penalty Provision.
Any person, firm, or corporation violating any of the provisions of this article
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
Ordinance 0-03-xxxx
Page 6 of 7
such violation continues shall constitute a separate offense and shall be
punishable as such.
Section. 18-355. Agreements to Abate Nuisance.
The building official may enter into an agreement with the owner, or his
appointed agent, to abate any nuisance, to set priority of items to be corrected,
and to establish a time period for compliance with this article.
Sec. 2. THAT Section 18 of the Code of Ordinances of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this ordinance.
Sec. 3. THAT it is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs, and sections of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared unconstitutional by the valid judgement or decree
of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council
without the incorporation in this ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
Sec. 4. THAT any person, firm, or corporation violating any of the provisions of this
ordinance shall be guilty of a misdemeanor and upon conviction thereof shall
be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and
every day such violation continues shall constitute a separate offense and shall
be punishable as such.
Sec. 5. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
,2003.
day of
The second reading and public hearing being conducted on the
,2003.
day of
Ordinance 0-03-xxxx
Page 7 of 7
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Ross 1. Foster
City Attorney
Joe Hocutt
Mayor
PRE-COUNCIL
cae'" AGENDA BRIEFING
11.':1:;:1.$
MEETING DATE:
ITEM#:
07/01103
PC-3
CITY MANAGER :
DEPARTMENT HEAD
FINANCE REVIEW N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Discussion of the July 1, 2003, City Council regular
agenda items
This item provides the opportunity for the City Council to discuss the July 1,2003, City Council
regular agenda items.
CITY COUNCIL
cc@m", AGENDA BRIEFING
"'l':o:;~$
MEETING DATE: 07101/03 CITY MANAGER :
ITEM#: 1 DEPARTMENT HEAD i
RESOLUTION #: NIA FINANCE REVIEW i 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
CITY COUNCIL
cce'" AGENDA BRIEFING
Il';(::l::'t
MEETING DATE: 07/01/03 CITY MANAGER
ITEM#: 2 DEPARTMENT HEAD I
RESOLUTION #: N/A FINANCE REVIEW! N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: CORRESPONDENCE, MISCELLANEOUS
REPORTS OF MEETINGS ATTENDED BY THE
COUNCIL AND CITY OFFICIALS AND
ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENT A TIONS
PROCLAMATION - In recognition of Parks and Recreation month - Monica Walsh, Parks
and Recreation Manager
roclamatton
CITY OF
Colleyville,
Texas
WHEREAS: parks, recreation and leisure experiences provide
opportunities for all citizens of a community to live, grow and develop into
contributing members of society; and
WHEREAS, parks and recreation generates opportunities for people to come together
and experience a sense of community through fun recreational pursuits and
provides outlets for physical activities, socialization and stress reducing
experiences; and
WHEREAS, parks, playgrounds, nature trails, open spaces and recreation facilities make
communities desirable places to live, work and play, contributing to economic
vitality; and
WHEREAS, parks, trails and open spaces provide a welcome respite from our fast paced,
high tech lifestyles while protecting and preserving our natural environment;
and
,...._,."",...<"~~.~..........,.. - "" '" ."'._.~. --.,........, .,.,......
WHEREAS, parks and recreation touches.theliVes oUndiYiduals, families, groups and the
entirep:lmmuMYwhich poSitiveJY;mpactSupoo the sc:x;ial, economic, health
and e~vironmental quality of our eommunity; and .
f' "
WHEREAS,~ulyj$ recog'nized as National Parks and Recreation month by the National
. ~(ion ano parj(s Society. .
~,.~.-~..l'."- '-':;--_j~';-_~.:~':i<:I.'~",,_,~v:""- ..".....:F
", .. - -, ....
NOW, THEREFORE, I, JOE HOCUTT, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS,
on behalf of the Colleyville City Council, do hereby proclaim the entire month
of July as
PARKS AND RECREATION MONTH
and encourage all citizens to celebrate by participating in one of the many
leisure pursuits available in our City,
IN WITNESS WHEREOF, I do hereby set my hand, and seal of the City of Colleyville affixed
lh;slstdayofJu~2003. a
--~
............Ao..\.
RESOLUTION R-03-2178
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF JULY 1, 2003
WHEREAS, Council has taken action on certain items on the agenda under Consent
Items.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the agenda decisions approved by Council action under Consent
Items as follows are hereby adopted:
a.
THAT the minutes of the regular City Council meeting of June 17, 2003,
are hereby approved.
b.
THAT the minutes of the City Council Worksession of June 6-7,2003, are
hereby approved.
c.
THAT a Change Order for the Grounds Maintenance Contract Mowing
with O'Donnell's Landscape Services, Inc., in the amount of $5,356.32, is
hereby approved.
d.
THAT a Change Order for the Horticulture Grounds Maintenance Contract
with O'Donnell's Landscape Services, Inc., in the amount of $305.00, is
hereby approved.
AND IT IS SO RESOLVED.
AYES,
DAY OF
NAYS AND
APPROVED BY A VOTE OF
ABSTENTIONS ON THIS THE
2003.
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
MINUTES OF THE
COLLEYVILLE CITY COUNCIL
JUNE 17,2003
The Pre-Council meeting of the Colleyville City Council was called to order by Mayor
Hocutt on June 17,2003, at 5:19 p.m.
ROLL CALL:
Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler and Jon
Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley,
Chief of Police John Young, Community Development Director
Barry LeBaron, Community Development Manager Clayton
Husband, Engineer Chad Bartee, Public Works Manager Kelly
Howell, Records Manager Matt Denton, Assistant to the City
Manager Cindy Martin and City Secretary Cynthia Singleton were
also present.
Mayor Pro Tem Ginny Tigue arrived at 5:21 p.m.
PC-1. Discussion of the Metroport Teen Court Program
Ms. Amber Cartwright, Metroport Teen Court Coordinator provided an overview of the
Metroport Teen Court Program.
PC- 2. Discussion of June 17,2003 City Council regular agenda items
There was general discussion regarding the regular agenda items.
Mayor Hocutt adjourned the Pre Council meeting at 5:44p.m.
CITY COUNCIL MINUTES
JUNE 17,2003
The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt
on June 17,2003, at 6:55 p.m.
ROLL CALL:
Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Jon
Ayers and Mayor Pro Tem Ginny Tigue were present. Mayor Joe
Hocutt, City Manager Bill Lindley, Finance Director Terry Leake,
Community Development Director Barry LeBaron, Community
Development Manager Clayton Husband, Public Works Manager
Kelly Howell, Fire Chief Mike Johnston, Police Chief John Young,
Engineer Chad Bartee, Library Director Mary Rodne, Financial
Analyst Collin Boothe, Records Manager Matt Denton,
Administrative Assistant Cindy Martin, City Attorney Ross Foster
and City Secretary Cynthia Singleton were also present.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 -
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 Hocutt 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. He further
explained that there would be no decisions made or action taken during this time. The
meeting was recessed at 6:56 p.m. and reconvened at 7:34 p.m.
The invocation was given by Sister Dorothy Eggering of Good Shepherd Catholic
Community, after which Ross Foster led the Pledge of Allegiance.
2. 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
3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS
2
CITY COUNCIL MINUTES
JUNE 17,2003
There were no announcements, proclamations or presentations.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-03-2170 - Consent Items:
a. Approval of minutes of the regular City Council meeting of June 3, 2003
b. Approval of Certificate regarding Accounts with JP Morgan Chase Bank
for authorized account signatures
c. Approval to accept donation of two executive style desks from the Smith
family of Colleyville
Mayor Hocutt opened the public hearing and read Resolution R-03-2170 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mayor Pro Tem Tigue moved to approve Resolution R-03-2170, with the amendment to
add Arvin Smith to Item c.
Councilman Skinner seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1406 -
Approval to amend Section 3A and 3C and Section 4A of the Water and Sewer
Policy and Procedure Manual of the City of Colleyville related to the procedure
and the fee structure of construction fire hydrant meters
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1406.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
City Manager Bill Lindley provided an overview of the procedure and fee structure for
construction fire hydrant meters.
Discussion ensued regarding the term "construction" and if it should be used to identify
the fire hydrant meters and the timeframe for implementation of the proposed policy.
3
CITY COUNCIL MINUTES
JUNE 17,2003
Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1406, with the amendment to
remove the word construction prior to fire hydrant in the ordinance.
Councilman Ayers seconded the motion.
Ayes: Councilpersons Skinner, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: Councilman Dolan
Mayor Hocutt declared the motion carried.
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1407 - Approval
of a Zoning Change from AG to R20 on 1.0 acres located at 1112 John McCain
Road, Case Z-03-010
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1407.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mr. Awad Eskander, 903 Red Cedar Way, Coppell, Texas, representing the applicant,
was present to answer questions of the Council and requested a waiver of the parkland
dedication fee and street perimeter fees.
Council requested that staff place an item on the July 1, 2003, Council agenda for
consideration of a waiver of parkland dedication fees and street perimeter fees.
6. READING AND PUBLIC HEARING - Resolution R-03-2171 - Approval to
cooperate with a steering committee of affected cities to retain legal counsel and
rate case consultants; authorizing the cities to intervene in related dockets before
the Texas Railroad Commission; and suspending the proposed tariff and
schedule of rates of TXU Gas Distribution Company
Mayor Hocutt opened the public hearing and read Resolution R-03-2171 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Financial Analyst Collin Boothe provided an overview of the process for opposing the
TXU Gas Distribution proposed rate increase.
Councilman Ayers moved to approve Resolution R-03-2171.
Councilman Skinner seconded the motion.
4
CITY COUNCIL MINUTES
JUNE 17,2003
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
Council considered Item 11 at this time.
7. READING AND PUBLIC HEARING - Resolution R-03-2172 - Consideration of
appointments to the Library Board
Mayor Hocutt opened the public hearing and read Resolution R-03-2172 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mayor Hocutt opened the floor for nominations.
Place 1
Mayor Pro Tem Tigue nominated Pat Jones.
There were no other nominations and Mayor Hocutt declared Pat Jones appointed to
Place 1 by a vote of acclamation.
Place 3
Mayor Pro Tem Tigue nominated Nancy Etchyson.
There were no other nominations and Mayor Hocutt declared Nancy Etchyson
appointed to Place 3 by a vote of acclamation.
Place 5
Mayor Pro Tem Tigue nominated Richard Roxburgh.
There were no other nominations and Mayor Hocutt declared Richard Roxburgh
appointed to Place 5 by a vote of acclamation.
Alternate 1
Mayor Pro Tem Tigue nominated Nancy Bowen.
Councilman Skinner nominated Dennis Healy.
There were no other nominations and Mayor Hocutt called for the vote.
5
CITY COUNCIL MINUTES
JUNE 17, 2003
Nancy Bowen:
Dennis Healy:
Councilman Jon Ayers and Mayor Pro Tem Tigue
Council persons Skinner, Dolan and Hendler
Mayor Hocutt declared Dennis Healy appointed as Alternate 1.
Mayor Pro Tem Tigue moved to reappoint Dr. Larry Darlage, Tarrant County College,
Steve Jacob, Star Telegram-Northeast, Dr. Kevin Singer, Grapevine-Colleyville
Independent School District, Ret Stansberger, Colleyville Area Chamber of Commerce
and Steve Banta, Corporate Sponsor as ex officio members to the Library Board and
appoint Mayor Hocutt as the City of Colleyville representative.
There were no other nominations and Mayor Hocutt declared the motion carried by a
vote of acclamation.
8. READING AND PUBLIC HEARING - Resolution R-03-2173 - Consideration of
appointments to the Colleyville Economic Development Corporation (CEDC)
Mayor Hocutt opened the public hearing and read Resolution R-03-2173 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mayor Hocutt opened the floor for nominations.
First position
Councilman Skinner nominated Councilman Skinner.
Councilman Hendler nominated Councilman Ayers.
There were no other nominations and Mayor Hocutt called for the vote.
Mark Skinner:
Jon Ayers:
Councilpersons Skinner, Dolan, Ayers and Mayor Pro Tem Tigue
Councilpersons Hendler
Mayor Hocutt declared Councilperson Skinner appointed to the Colleyville Economic
Development Corporation.
Second position
Councilman Skinner nominated Councilman Ayers.
There were no other nominations and Mayor Hocutt declared Councilman Ayers
appointed to the Colleyville Economic Development Corporation by a vote of
acclamation.
6
CITY COUNCIL MINUTES
JUNE 17,2003
Third position
Councilman Dolan nominated Councilman Hendler.
Mayor Pro Tem Tigue nominated Mayor Hocutt.
There were no other nominations and Mayor Hocutt called for the vote.
Rich Hendler:
Joe Hocutt:
Councilpersons Dolan, Hendler and Ayers
Councilperson Skinner and Mayor Pro Tem Tigue
Mayor Hocutt declared Council person Rich Hendler appointed to the Colleyville
Economic Development Corporation.
Councilman Skinner moved to approve Resolution R-03-2173.
Councilman Dolan seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
9. READING AND PUBLIC HEARING - Resolution R-03-2174 - Consideration of
establishment of an Audit Committee and appointment of City Councilmembers
Mayor Hocutt opened the public hearing and read Resolution R-03-2174 in its entirety.
Mr. Jim Moore, 1416 Glade Road, spoke regarding the appointment of the
Councilmembers to the Audit Committee.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mayor Hocutt opened the floor for nominations.
City Manager Bill Lindley provided an overview of the process for the selection of an
audit firm and the duties of the Audit Committee.
First position
Councilman Dolan nominated Elaine Dolan
There were no other nominations and Mayor Hocutt declared Council person Dolan
appointed to the Audit Committee by a vote of acclamation.
7
CITY COUNCIL MINUTES
JUNE 17,2003
Second position
Councilman Skinner nominated Mark Skinner.
Councilman Ayers nominated Joe Hocutt.
There were no other nominations and Mayor Hocutt called for the vote.
Mark Skinner:
Joe Hocutt:
Councilman Skinner
Councilpersons Ayers, Hendler, Dolan, Mayor Pro Tem Tigue and
Mayor Hocutt
Mayor Hocutt declared Mayor Hocutt appointed to the Audit Committee.
Third position
Councilman Hendler nominated Jon Ayers.
There were no other nominations and Mayor Hocutt declared Councilman Ayers
appointed to the Audit Committee by a vote of acclamation.
Mayor Pro Tem Tigue moved to approve Resolution R-03-2174.
Councilman Hendler seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
10. READING AND PUBLIC HEARING - Resolution R-03-2175 - Consideration of
City Council Liaisons to the City of Colleyville Boards, Commissions and
Committees
Mayor Hocutt opened the public hearing and read Resolution R-03-2175 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
There was general consensus that the Metroport Teen Court Advisory Board would not
include a Council Liaison and that an offer would be extended to the Grapevine-
Colleyville Independent School District for a school district representative to serve as a
liaison to the SH26 Advisory Committee.
There was discussion regarding the number of liaisons to the committees.
8
CITY COUNCIL MINUTES
JUNE 17,2003
Councilman Ayers moved that Planning and Zoning Commission, Parks and Recreation
and SH26 Advisory Committee have two liaisons.
Councilman Dolan seconded the motion.
Mayor Hocutt denied the motion.
Councilman Ayers appealed the ruling and a vote was taken to sustain or overrule the
motion.
Overrule the motion:
Councilpersons Dolan, Hendler, Ayers
and Mayor Pro Tem Tigue
Councilman Skinner
Sustain the Appeal by Councilman Ayers:
The appeal was sustained and a vote was taken to determine if the Planning and
Zoning Commission would have two Council Liaisons.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
Mayor Hocutt opened the floor for nominations for the first liaison to the Planning and
Zoning Commission.
First Position
Councilman Skinner nominated Councilman Ayers
Councilman Ayers nominated Councilman Skinner
Ayers:
Skinner:
Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
None
Mayor Hocutt declared Councilman Ayers as Council Liaison to Planning and Zoning.
Mayor Hocutt opened the floor for nominations for the second liaison to the Planning
and Zoning Commission.
Councilman Skinner nominated Mark Skinner.
There were no other nominations and Mayor Hocutt declared Councilman Skinner
appointed as Council liaison to the Planning and Zoning Commission by a vote of
acclamation.
9
CITY COUNCIL MINUTES
JUNE 17,2003
Mayor Hocutt opened the floor for nominations for Council liaison to the Zoning Board of
Adjustment.
Councilman Dolan nominated Elaine Dolan.
There were no other nominations and Mayor Hocutt declared Councilman Dolan
appointed to the Zoning Board of Adjustment by a vote of acclamation.
Mayor Hocutt opened the floor for nominations for Council liaison to the Parks and
Recreation Advisory Board.
Councilman Dolan moved that the Parks and Recreation Advisory Board have two
Council liaisons.
Mayor Pro Tem Tigue seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
Mayor Hocutt opened the floor for nominations for the first liaison to the Parks and
Recreation Advisory Board.
Councilman Skinner nominated Councilman Hendler.
Councilman Dolan nominated Mayor Pro Tem Tigue.
Councilman Hendler declined the nomination.
There were no other nominations and Mayor Hocutt declared Mayor Pro Tem Tigue
appointed as Council liaison to the Parks and Recreation Advisory Board by a vote of
acclamation.
Mayor Hocutt opened the floor for nominations for the second liaison to the Parks and
Recreation Advisory Board.
Councilman Skinner nominated Councilman Hendler.
Councilman Dolan nominated Elaine Dolan.
Councilman Hendler declined the nomination.
There were no other nominations and Mayor Hocutt declared Councilman Dolan
appointed to the Parks and Recreation Advisory Board by a vote of acclamation.
10
CITY COUNCIL MINUTES
JUNE 17,2003
Mayor Hocutt opened the floor for nominations to the Tree Board.
Councilman Dolan nominated Councilman Hendler.
There were no other nominations and Mayor Hocutt declared Councilman Hendler
appointed to the Tree Board by a vote of acclamation.
Mayor Hocutt opened the floor for nominations to the Library Board.
Mayor Pro T em Tigue moved that the Library Board have one member.
Mayor Pro Tem Tigue withdrew the motion.
Councilman Skinner nominated Mayor Pro Tem Tigue.
There were no other nominations and Mayor Hocutt declared Mayor Pro Tem Tigue
appointed as Council liaison to the Library Board by a vote of acclamation.
Mayor Hocutt opened the floor for nominations to the Traffic Safety Advisory
Committee.
Councilman Hendler nominated Rich Hendler to serve as Council liaison to the Traffic
Safety Advisory Committee.
There were no other nominations and Mayor Hocutt declared Councilman Hendler
appointed as Council liaison to the Traffic Safety Advisory Committee by a vote of
acclamation.
Mayor Hocutt opened the floor for nominations to the Historical Preservation
Committee.
Councilman Skinner nominated Councilman Ayers to serve as the Council liaison to the
Historical Preservation Committee.
There were no other nominations and Mayor Hocutt declared Councilman Ayers
appointed as Council liaison to the Historical Preservation Committee by a vote of
acclamation.
Discussion ensued regarding the name of the Capital Improvements Committee and
duties.
11
CITY COUNCIL MINUTES
JUNE 17,2003
Community Development Manager Clayton Husband stated that the Committee
consists of two Planning and Zoning Commission members and a representative from
the real estate community and a representative from the home builder's community. He
further stated that the name is established by State Statute and should remain Capital
Improvements Committee.
Mayor Hocutt opened the floor for nominations for Council liaison to the Capital
Improvements Committee.
Councilman Dolan nominated Elaine Dolan.
Mayor Pro Tem Tigue nominated Councilman Ayers.
Councilman Dolan: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro
Tem Tigue
Councilman Ayers: None
There were no other nominations and Mayor Hocutt declared Councilman Dolan as
Council liaison to the Capital Improvements Committee.
Mayor Hocutt opened the floor for nominations for Council liaison to the Colleyville
Center Advisory Committee.
Councilman Skinner nominated Mayor Pro Tem Tigue.
Mayor Pro T em Tigue declined the nomination and nominated Mayor Hocutt.
There were no other nominations and Mayor Hocutt declared Mayor Hocutt as Council
liaison to the Colleyville Center Advisory Committee by a vote of acclamation.
Mayor Hocutt opened the floor for nominations for Council liaison to the Celebrate
Colleyville Steering Committee.
Councilman Dolan nominated Councilman Hendler.
There were no other nominations and Mayor Hocutt declared Councilman Hendler as
Council liaison to the Celebrate Colleyville Steering Committee by a vote of
acclamation.
Mayor Hocutt opened the floor for nominations for Council liaison to the SH26 Advisory
Committee.
Councilman Ayers moved that the SH26 Advisory Committee have two Council liaisons.
Mayor Pro Tem Tigue seconded the motion.
12
CITY COUNCIL MINUTES
JUNE 17,2003
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
Councilman Skinner nominated Mark Skinner for Council liaison to the SH26 Advisory
Committee.
There were no other nominations and Mayor Hocutt declared Councilman Skinner
Council liaison to the SH26 Advisory Committee by a vote of acclamation.
Councilman Dolan nominated Councilman Hendler.
There were no other nominations and Mayor Hocutt declared Councilman Hendler
appointed as Council liaison to the SH26 Advisory Committee by a vote of acclamation.
Mayor Hocutt opened the floor for nominations for Council liaison to the Sidewalk Task
Force Committee.
Councilman Dolan nominated Elaine Dolan.
There were no other nominations and Mayor Hocutt declared Councilman Dolan
Council liaison to the Sidewalk Task Force Committee by a vote of acclamation.
Mayor Pro Tem Tigue moved to approve Resolution R-03-2175, with the amendment to
allow the Grapevine-Colleyville Independent School District to provide a liaison to the
SH26 Committee, if they so choose and that Mayor Hocutt will serve as an ex-officio
member to the Library Board.
Councilman Hendler seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
11. READING AND PUBLIC HEARING - Resolution R-03-2176 - Approval
authorizing the Mayor and City Manager to coordinate with adjoining property
owners possible enhancements and modifications for a driveway location on
Riverwalk Drive
Mayor Hocutt opened the public hearing and read Resolution R-03-2176 in its entirety.
13
CITY COUNCIL MINUTES
JUNE 17, 2003
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mr. Mike Matton, 1500 Kingswood, spoke in favor of the proposed Resolution and
regarding street signs to direct commercial traffic, traffic increase, height of berm and
visibility.
Mr. Saleem Tareen, 1503 Royal Lane, spoke against the proposed driveway location.
Ms. Angela Kahle, 1605 Kingswood, spoke against the proposed driveway location.
Mr. Tim Garcia, 5501 Jane Lane, spoke against the proposed driveway location and
regarding deliveries, weight limit, traffic, noise, safety of roads and alternative
entrances.
Ms. Joy Crabtree, 1503 Kingswood Lane spoke against the proposed driveway location.
Mr. David Blake, 5403 Janet Lane, spoke against the proposed driveway location.
Mr. Tim Crabtree, 1503 Kingswood Lane, spoke against the proposed driveway location
and regarding citizen notification process.
Mr. Charlie Fleming, 1509 Royal Lane, spoke against the proposed driveway location.
Mr. Charles Hodges of Melvin & Martindale, 126302 Omega Drive, Dallas, Texas,
developer of Town Center, was present to answer questions of the Council.
Councilman Ayers moved to suspend the rules to allow citizens to speak.
Mr. Tim Garcia, 5501 Janet Lane, spoke regarding traffic and the number of deliveries
to the Town Center development.
Mayor Hocutt summarized the citizen comments related to the proposed driveway
location on Riverwalk.
Discussion ensued regarding road safety, traffic flow and traffic noise.
Councilman Ayers moved to approve Resolution R-03-2176.
Mayor Pro Tem Tigue seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
14
CITY COUNCIL MINUTES
JUNE 17, 2003
STAFF REPORTS:
12. MONTHLY FINANCIAL REPORT
There was no action taken on this item.
REPORTS:
13. PLANNING AND ZONING COMMISSION MEETING MINUTES - May 27,2003
There was no action taken on this item.
CITIZEN COMMENTS:
14. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak
ACTION/RESOLUTION:
15. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 17, 2003 -
Reading and Public Hearing - Resolution R-03-2177
This item was not needed.
ADJOURNMENT:
16. ADJOURNMENT
There being no further business before the City Council, Councilman
Ayers moved to adjourn.
Councilman Skinner seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the meeting adjourned at 9:43 p.m.
APPROVED THIS
AYES,
DAY OF
NAYS AND
2003, BY A VOTE OF
ABSTENTIONS.
15
CITY COUNCIL MINUTES
JUNE 17,2003
Minutes taken and prepared by:
Cynthia Singleton, TRMC
City Secretary
16
MINUTES OF THE
COLLEYVILLE CITY COUNCIL
WORKSESSION
JUNE 6, 2003
and
JUNE 7,2003
The Colleyville City Council Worksession was called to order by Mayor Joe Hocutt on
June 6, 2003, at 6:05 p.m. and adjourned at 10:20 p.m. The meeting reconvened at
9:07 a.m. on June 7, 2003 and adjourned at 2:55 p.m.
ROLL CALL:
Councilpersons Jon Ayers, Elaine Dolan, Mark Skinner, Rich
Hendler and Mayor Pro T em Ginny Tigue were present. Mayor Joe
Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne
McWethy and City Secretary Cynthia Singleton were also present.
Mr. Ron Holifield who served as facilitator also attended.
II. Discussion of Annual Priorities and Projects
Mayor Joe Hocutt conducted general discussion related to the City Council working to
accomplish annual priorities during FY2004
Mr. Ron Holifield conducted general discussion related to annual priorities and projects.
III. Adjournment
There being no further business before the City Council, the meeting was adjourned
June 7, 2003, at 3:28 p.m.
APPROVED THIS
NAYS AND
DAY OF
ABSTENTIONS.
2003, BY A VOTE OF
AYES,
Minutes taken and prepared by:
Cynthia Singleton, TRMC
City Secretary
CITY COUNCIL
CilYor
ca~1> AGENDA BRIEFING
T!:x;\$
MEETING DATE: i
ITEM#:
RESOLUTION # :
07/01/03 CITY MANAGER i
3c
R-03-2178
DEPARTMENT HEAD i
FINANCE REVIEW !
Previous Action: None
DEPARTMENT: PARKS AND RECREATION
SUBJECT : Approval of a change order for the Grounds
Maintenance Contract Mowing with O'Donnell's
Landscape Services, Inc., in the amount of
$5,356.32
Reading and Public Hearing
On April 15, 2003, City Council approved a contract in the amount of $136,891.00 to
O'Donnell's Landscape Services Inc. for Ground Maintenance Contract Mowing.
Since the approval of the contract the city has identified additional areas to be maintained,
including McPherson Dairy and Heritage Avenue medians. Also the Shalimar property
adjacent to the Cottonbelt line will not need mowing in the future. The property owner has
requested the City not mow his property because he will be planting wildflowers. A net change
order in the amount of $5,356.32 is necessary to include these areas.
The scope of services for this contract include:
. Mowing medians and park land
· Weed-eating around obstacles leaving neat clean appearance
· Edging along concrete walkways leaving a neat clean appearance
. Debris removal from scheduled maintenance
Financial Impact
Funds are available in the FY03 Park Maintenance Miscellaneous Contractual Services
Account 001-32-6226 to provide services for the months of July through September 2003, in
the estimated amount of $1,341.81. The estimated remaining balance of $4,014.51 will be paid
out of FY04 Miscellaneous Contractual Services account 001-32-6226, to provide services for
the months of October 2003 through September 2004.
Recommendation
Approval
CITY COUNCIL
cae'" AGENDA BRIEFING
I!:"X"::;
MEETING DATE:
ITEM#:
RESOLUTION # :
07/01/03
3d
R-03-2178
CITY MANAGER i
DEPARTMENT HEAD i
FINANCE REVIEW ;
Previous Action: None
DEPARTMENT: PARKS AND RECREATION
SUBJECT: Approval of a change order for the Horticulture
Grounds Maintenance Contract with O'Donnell's
Landscape Services, Inc., in the amount of $305.00
Reading and Public Hearing
On April 15, 2003, City Council approved a contract in the amount of $117,587.44 to
O'Donnell's Landscape Services Inc. for Horticulture Grounds Maintenance Contract.
Since the approval of the contract the city has identified the Heritage Avenue medians as an
area to be maintained. A net change order in the amount of $305.00 is necessary to include
this area.
The scope of services for this contract include:
. Bed weeding
. Bed mulching
. Seasonal color
. Tree and shrub pruning
. Insect / disease control
. Fertilizer applications
. Pre-emergent and post-emergent herbicide applications
Financial Impact
Funds are available in the FY03 Park Maintenance Miscellaneous Contractual Services
Account 001-32-6226 to provide services for the months of July through September 2003, in
the estimated amount of $76.24.The estimated remaining balance of $228.72 will be paid out
of FY04 Miscellaneous Contractual Services account 001-32-6226, to provide services for the
months of October 2003 through September 2004.
Recommendation
Approval
CITY COUNCIL
c\ty Of
CC~"'" AGENDA BRIEFING
/t.'.\:~S
MEETING DATE:
ITEM # : !
ORDINANCE # : i
07/01/03
4
0-03-1407
CITY MANAGER
DEPARTMENT HEAD
FINANCE REVIEW i
N.A.
Previous Action: 06/17/03
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of a Zoning Change from AG to R20 on 1.0
acres located at 1112 John McCain Road, Case Z-
03-010
Second Reading and Public Hearing
Update
At the June 17, 2003 meeting, the applicant requested waivers of the perimeter street
improvement requirement and parkland dedication fees. Since these requests are not related
to the zoning change, they are on the July 1, 2003 City Council agenda as a separate item.
First Reading and Public Hearing
Backqround
Joe Tirk is the owner of a one-acre parcel of property located on the north side of John McCain
Road, just east of Shalimar Court. On behalf of the owner, Awad Eskander has applied for a
zoning change on the property. The applicant has submitted a request to change the zoning
on the property from AG Agricultural to R20 Single Family Residential. The owner is seeking a
zoning change in order to create two lots for the construction of two new single family
residences.
The R20 district requires a minimum lot width of 100 feet, a minimum lot depth of 125 feet, and
a minimum lot area of 20,000 square feet. The proposed property has 201 feet of frontage on
John McCain Road, which is sufficient to create two single family lots. The proposed lots, as
shown on the zoning exhibit, are both 21,780 square feet in area.
A house is located on the subject property, and available records indicate the house was
constructed in 1950. The surrounding property is single-family residential in nature. Property
to the north is zoned R40 and is developed as residences. The properties to the south across
John McCain Road are zoned PUD-R (Shalimar and Caldwell's Creek neighborhoods).
Property to the east is zoned AG. Property to the west is zoned R20 and is the location of St.
Mary's Coptic Church.
Impact Issues
1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted
in 1998, which designates this area as a future single-family residential area.
Agenda Briefing
Ordinance 0-03-1407
Page 2 of 2
2. Surrounding Properties. Most of the surrounding properties are developed as single-
family residences. The property to the west is the site of a house of worship.
3. Development Trends. The long-term trend for this area is single-family development.
Property in the area is generally suitable for that type of development.
4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-
way.
5. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation
provides estimates of expected traffic generation based on land use. Data has been
collected in the United States and Canada since the 1960's, primarily in suburban
locations. Single-family residences are expected to generate 9.57 trips per day, on
average. The closest intersection for which traffic counts are available is John McCain at
Pleasant Run, west of the property under consideration. The most recent traffic count,
taken in 2002, indicates an average of 7,127 vehicles per day traveled John McCain Road
through this intersection.
6. Public Notification. Staff mailed notices to 12 adjacent property owners regarding this
request. A complimentary notice was also sent to the Shalimar HOA and the Caldwell's
Creek HOA. Notice was published in the Fort Worth Star-Telegram as required by state
law and the Land Development Code. No correspondence has been received regarding
this request.
The Planning and Zoning Commission conducted a public hearing and considered this request
at the May 27,2003 meeting. The Commission recommended approval by a unanimous vote.
Recommendation
Approval
Attachments
· Location Map
· Zoning Exhibit
· Area Zoning Map
· List of Property Owners Notified
· Planning and Zoning Commission Minutes
· Ordinance 0-03-1407
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CASE # Z-03-010 - Zoning Change from AG to H2O
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ATTN. AWAD ESKANDER
(972) 745-3589
2 MAY 2003
WALL H.R. SURVEY A 1973 TR 3B03 (O.7AC)
MEDLIN, HALL SURVEY A 1037 TR 3B01 C (0.3AC)
1112 JOHN MCCAIN ROAD, COLLEYVILLE
o 20'
80' ~
-+
ZONING EXHIBIT FOR
ZONING CHANGE REQUEST
FROM AG TO R-20
40'
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Area Zoning Map
Z-03-010
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Board of St. Marys Ch Dallas
C/o St Marys Coptic Orthodox Ch
PO Box 851553
Richardson, TX 75085
Kurt & Donna Kauffman
1208 John McCain Road
Colleyville, TX 76034
Eldon Lee
1204 John McCain Road
Colleyville, TX 76034
St Mary's Coptic Orthodox Ch
1110 John McCain Road
Col1eyville, TX 76034
Centurion American Cust Hms
1905 Industrial Blvd.
Colleyville, TX 76034
J 0 Poe
7016 Shalimar Court
Colleyville, TX 76034
Jack & Zeila Olsen
7017 Shalimar Court
Colleyville, TX 76034
Joe Weir
2132 Glenhaven Drive
Lewisville, TX 75067
Sebastian & Judith Freidt
7013 Shepherds Glenn
Colleyville, TX 76034
Robert Bernardo
7010 Shepherds Glenn
Colleyville, TX 76034
Joe V. Tirk
1 009 John McCain Road
Colleyville, TX 76034
A wad Eskander
Paradigm Consulting
903 Redcedar Way Drive
Coppell, TX 75019
Comolimentarv Coov to:
Shalimar HOA
Georgia Nowlin, President
P.O. Box 423
Colleyvil1e, TX 76034
Comolimentary Coov to:
Caldwell's Creek HOA
Steve Magee, President
6900 Shepherds Glenn
Colleyville, TX 76034
Comolimentary Coov to:
Caldwell's Creek - Web Site Info
J. Thibodeaux, Web Site Coordinator
4211 Green Meadow St. East
Colleyville, TX 76034
Case Z-03-010 (Notices dated: May 7,2003)
According to the last published Tax Record, individuals who own property that is within the 200'
of the proposed special use permit/and-or/zoning change request are listed above. I certify that
the parties listed above have been notified ofthe proposed change request as required by
the Texas Local Government Code and the Colleyville Land Development Code.
Jan Levy d
Planning & ~ng Assistant
Planning and Zoning Commission Minutes
May 27. 2003
1. Case Z-03-010 - PUBLIC HEARING - Zoning Change from AG to R20 on 1.0 acres
located at 1112 John McCain Road
Clayton Husband presented the case to the commissioners.
Chairman Wall opened the public hearing. Those present wishing to speak were:
Awad Eskander, applicant. Commissioner Culley asked the applicant how soon he plans on
developing the lots. Mr. Eskander responded that a new residence would begin on one of the
lots within three months from approval. Commissioner Jones asked if the existing structure
would be demolished and Mr. Eskander responded that it would. Commissioner Sellers asked
the applicant if he plans to construct a solid barrier between the new residence and the church.
Mr. Eskander responded that he would and then there was discussion by the applicant, the
commissioners and staff about the visibility not being impeded when cars exit the church
parking lot. Staff said a solid barrier would not be allowed over the 30' building line.
There was no one else present wishing to speak, and Chairman Wall closed the public
hearing.
Commissioner Kelly moved to recommend approval of the zoning change from AG to
R20. Commissioner Culley seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
ORDINANCE 0-03-1407
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF 1.027 ACRES OUT OF THE H.R. WALL SURVEY,
ABSTRACT 1973 AND THE HALL MEDLIN SURVEY, ABSTRACT 1037, FROM
THE AG AGRICULTURAL DISTRICT TO THE R20 SINGLE FAMILY RESIDENTIAL
DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, an application for a zoning change was filed by Awad Eskander on May
5, 2003, under Case No. Z-03-010; and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land
Development Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
made a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the Official Zoning Map are hereby amended
insofar as they relate to certain land located in Colleyville, Texas, as
shown on the Zoning Map attached as Exhibit "A", and described by metes
and bounds as shown in Exhibit "B", by changing the zoning of said
property from the AG Agricultural district to the R20 Single Family
Residential district.
THAT any person, firm, or corporation violating any of the provisions of this
ordinance shall be guilty of a misdemeanor and upon conviction thereof
shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00).
Each and every day such violation continues shall constitute a separate
offense and shall be punishable as such.
THAT the Land Development Code of the City of Colleyville, Texas, shall
remain in full force and effect, except where amended by this ordinance.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
Ordinance 0-03-1407
Page 2 of 2
Sec. 5.
THAT this ordinance shall become effective immediately upon publication.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2003.
day of
The second reading and public hearing being conducted on the
2003.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
Exhibit A
Zoning Map
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Exhibit B
Metes and Bounds Description
BEING a 1.027 acre tract of land out of the Hall Medlin Survey, Abstract 1037 and the
H.R. Wall Survey, Abstract No. 1973, situated in the City of Colleyville. Tarrant County,
Texas, and being all of that certain tract of land described in deed to Joe V. Tirk
recorded in Volume 8834, Page 397, Deed Records, Tarrant County, Texas. The
bearings for this survey are based on the bearing of the east line of Lot 1, Block 1,
Coptic Acres, recorded in Volume 388-184, Page 41, Plat Records, Tarrant County,
Texas. Said 1.027 acre tract being described by metes and bounds as follows:
BEGINNING at a % inch iron rod with plastic cap stamped 'RPLS 4818' set on the
occupied north right-of-way line of John McCain Road, a variable width public right-of-
way, at the southwest corner of said Joe V. Tirk tract for the POINT OF BEGINNING
and being South 00 degrees 16 minutes 00 seconds West, a distance of 20.96 feet of a
% iron rod found at the southeast corner of said Lot 1, Block 1, Coptic Acres;
THENCE North 00 degrees 16 minutes 00 seconds East along the east line of said Lot
1, Block 1, Coptic Acres, a distance of 208.33 feet to a % inch iron rod with plastic cap
stamped 'RPLS 4818' set for the northwest corner of the Joe V. Tirk tract, same being
the southwest corner of Lot 3R, J.C. Evans Subdivision, recorded in Volume 388-120,
Page 68, Plat Records, Tarrant County, Texas;
THENCE North 86 degrees 27 minutes 31 seconds East, along the south line of said
Lot 3R, a distance of 208.79 feet to a % inch iron rod with plastic cap stamped 'RPLS
4818' set for the northeast corner of said Joe V. Tirk tract;
THENCE South 00 degrees 16 minutes 00 seconds West a distance of 221.23 feet to a
% inch iron rod with plastic cap stamped 'RPLS 4818' set for the southeast corner of
the said Joe V. Tirk tract;
THENCE by deed call South 90 degrees 00 minutes 00 seconds West along the
occupied north right-of-way line of said John McCain Road a distance of 208.33 feet to
the POINT OF BEGINNING and containing 1.027 acres, more or less.
CITY COUNCIL
cUYor
cae"", AGENDA BRIEFING
1(.'X<l$
MEETING DATE:
ITEM # :
ORDINANCE # :
07/01/03
5
0-03-1408
CITY MANAGER :
DEPARTMENT HEAD !
FINANCE REVIEW I
Previous Action: None
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval to Amend Chapter 4 - Landscaping and
Buffering of the Land Development Code regarding
continuation of maintenance in the event of a
commercial vacancy, Case Z-03-012
First Reading and Public Hearing
Chapter 4 of the Land Development Code contains landscaping and buffering requirements for
properties containing a commercial structure. Prior to the issuance of a Certificate of
Occupancy to a new commercial tenant by the building inspection department, the property
must be in compliance with the minimum landscaping regulations. There are no landscaping
or buffering requirements for undeveloped commercial properties.
Currently, Section 4.6.h of the Land Development Code establishes minimum maintenance
standards for all trees, shrubs and other landscaping materials on the site once a commercial
property has been developed and a commercial structure is occupied. However, it is not clear
if the maintenance requirements are applicable to commercial properties in the event a
structure becomes vacant. Occasionally, a closed business property is not maintained well.
To provide clarification to the regulations, the attached ordinance has been prepared to insert
an additional sentence to Section 4.6.h which will require an owner of a vacant commercial
building to continue the minimum maintenance requirements for all landscaping plants, trees
and shrubs even while the structure remains vacant. Approval of the does not place an
additional requirement on current vacant properties, since the regulations already require
maintenance of all landscaping. The attached ordinance clarifies the requirement.
Recommendation
Approval
Attachments:
· Ordinance 0-03-1408
ORDINANCE 0-03-1408
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 4, LANDSCAPING AND BUFFERING, OF THE LAND
DEVELOPMENT CODE, AS AMENDED, REGARDING LANDSCAPING
MAINTENANCE FOR VACANT COMMERCIAL PROPERTIES; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; AND AUTHORIZING PUBLICATION.
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-
1214 on April 18, 2000, to adopt the Land Development Code; and
WHEREAS, the City Council of the City of Colleyville desires to amend certain
portions of the Land Development Code; and
WHEREAS, notice of a public hearing before the City Council was published in
a newspaper of general circulation in Colleyville at least 15 days
before such hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
See 1.
See 2.
Sec 3.
Sec4.
THAT Chapter 4, Section 4.6, Paragraph 3. Subparagraph (h), of the
Land Development Code, is hereby amended to add the following:
6. The maintenance requirement contained in this section shall be
applicable regardless of the tenant occupancy status of any
buildings on the property.
THAT Ordinance 0-00-1214, the Land Development Code, as
amended, shall remain in effect, except where amended by this
ordinance.
THAT it is hereby declared to be the intention of the City Council that
the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgement or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
THAT any person, firm or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
Ordinance 0-03-1408
Page 2 of 2
shall constitute a separate offense and shall be punishable as such.
See 5.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
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
Joe Hocutt
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
ci.ryor
~
CITY COUNCIL CC~~TI~
i...~x:'l:;'
AGENDA BRIEFING
MEETING DATE: i 07/01/03
ITEM # : I 6
ORDINANCE # : I 0-03-1409
CITY MANAGER i
DEPARTMENT HEAD !
FINANCE REVIEW 1
N/A
Previous Action: None
DEPARTMENT: FINANCE
SUBJECT : Adopting an annual budget for Fiscal Year 2004 for
the Colleyville Crime Control and Prevention District
Reading and Public Hearing
In accordance with the Local Government Code, the Colleyville Crime Control and Prevention
District Board (CCCPD) shall propose an annual budget. The budget must contain a complete
financial statement; including a statement of outstanding obligations, the amount of cash on
hand, the amount of money received by the district during the previous year, the estimated
amount of money available to the district, the amount of money needed to fund programs
approved, the amount of money requested for programs that were not approved, the tax rate
for the next fiscal year, the amount of the balances expected at the end of the year in which
the budget is being prepared, and the estimated amount of revenues and balances available to
cover proposed budget. This budget was approved by the CCCPD Board of Directors at their
June 17, 2003 meeting.
Financial Impact
The CCCPD's projected revenue for FY 2004 is $961,698 with expenditures of $704,940.
Proposed expenditures are administrative board expenses ($500), police officer ($62,545), and
debt service ($641,895).
Recommendation
Approval
Attachments
. CCCPD FY 2004 Budget
. Ordinance 0-03-1409
COLLEYVILLE CRIME CONTROL DISTRICT
FY 2004 BUDGET
PROJECTED PROPOSED
FISCAL YEAR 2003 2004
BEGINNING FUND BALANCE $292,425 $273,297
REVENUES:
1/2 CENT SALES TAX REVENUE $693,110 $704,000
INTEREST INCOME $50,000 $7,500
USE OF FUND BALANCE $275,685 $250,198
TOTAL REVENUES $1,018,795 $961,698
EXPENDITURES:
ADMINISTRATIVE BOARD EXPENSES: $500 $500
BUILDING:
TELEcOMMUNICA TIONS/FURNITURE $64,222 $0
PERSONNEL:
POLICE OFFICER $56,123 $62,545
DEBT SERVICE:
1999 CERTIFICATES OF OBLIGATION $641,393 $641,895
TOTAL EXPENDITURES $762,238 $704,940
EXCESS REVENUES OVER EXPENDITURES $256,557 $256,758 *
ENDING FUND BALANCE $273,297 $279,857
* MUST HAVE A 1.4 TIMES COVERAGE RATIO ($256,758) FOR DEBT SERVICE PAYMENT
ORDINANCE 0-03-1409
AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR FISCAL YEAR 2004 FOR THE
COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT, FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2003 THROUGH SEPTEMBER 30, 2004, A COPY OF
SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO BECOME
EFFECTIVE UPON PASSAGE BY THE CITY COUNCIL.
WHEREAS, the laws of the State of Texas require the Board of Directors of the Colleyville
Crime Control and Prevention District to adopt a budget of projected
revenues and proposed expenditures, cash on hand at the start of the year,
the amount of money received during the prior year, the tax rate and the
projected ending fund balance; and
WHEREAS, on June 17, 2003, the Board of Directors of the Colleyville Crime Control and
Prevention District approved the following budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the budget for the fiscal year beginning October 1, 2003 and ending
September 30, 2004 for the Colleyville Crime Control and Prevention District,
a copy of which is on file in the office of the City Secretary, is hereby made
a part of this ordinance by reference and is hereby approved and adopted
by the City Council of the City of Colleyville, Texas, as the official budget for
the fiscal year beginning October 1, 2003 and ending September 30,2004.
Sec. 2.
THAT the budget of the fiscal year beginning October 1, 2003, and ending
September 30, 2003, for the Colleyville Crime Control and Prevention District
with a sales and use tax rate of .5%, is hereby fixed as follows:
Projected Revenue Received
in Fiscal Year 2003
$1,018,795
Projected Cash on
Hand
as of October 1, 2003
Revenues
$ 273,297
$ 961,698
Expend itu res
$ 704,940
Ending Fund Balance
at September 30,2004
$ 279,857
Ordinance 0-03-1409
Page 2 of 2
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2003.
day of
The second reading and public hearing being conducted on the
2003.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross 1. Foster
City Attorney
CITY COUNCIL
cae'" AGENDA BRIEFING
le:-:;:\S
MEETING DATE: 07/01/03
ITEM # : 7
RESOLUTION #: ! R-03-2179
CITY MANAGER
DEPARTMENT HEAD,
FINANCE REVIEW i
Previous Action: None
DEPARTMENT: CITY MANAGER'S OFFICE
SUBJECT: Approval of the initiation of a placement of street
signage, limitation of future mod ification, and
proposed developer landscaping design
enhancements for a driveway location at the
intersection of Riverwalk Drive.
Reading and Public Hearing
On June 23, 2003, the Mayor and City Manager met with representatives of the Kingswood
Homeowner's Association and Town Center Colleyville development. The purpose of the
meeting was to explore options available, which address concerns of the residents and needs
of the developer, regarding the driveway approach adjacent to the shopping center.
During the meeting, the developer stated he is unable to locate the driveway approach to the
intersection of Bluebonnet Road because of traffic flow into the development and attention to
the visual appearance for adjoining properties. The suggestion of using only the current
driveway approach north of Kingswood Drive was also not acceptable for the developer to
allow tenants unimpeded access for deliveries. The meeting was very productive and resulted
in several enhancements for further consideration by the Kingswood residents.
Following this meeting, residents of the subdivision met on June 25 to review the
enhancements that came out from the previous meeting. Modifications to the initial plan of
action from the Monday meeting include:
. 4-Way stop sign - Residents have requested that the City not proceed with a
warrant study. The view is to evaluate the traffic pattern and safety needs over
the next several months. The cost for this study is approximately $5,000. The
City may be requested by the Kingswood HOA, or initiate on its own, to
undertake this study in the future. The placement of stop signs along Riverwalk
Drive would need to be justified under a stop sign warrant study.
. Raised median for the driveway approach - The developer has proposed to
install a raised median in the interior area of the driveway approach for better
traffic management. The installation of the island will allow only a right turn
movement onto Riverwalk Drive. The developer is not acceptable to modifying
the concept though of limiting traffic to only a right turn into and only a right turn
out onto Riverwalk Drive from the rear area shopping center.
Agenda Briefing
Resolution R-03-2179
Page 2 of 2
. Landscaping detail - The residents asked for a detailed description of the quantity
and type of plant materials to be used for the irrigated berms. The developer
advised that he is unable to accomplish this since different plant materials (type
and size) may be required as he proceeds with the construction. Additionally, the
time required to meet this level of detail would exceed the construction allowance
time for the driveway approach. The developer advises this approach is needed
to allow flexibility in achieving the desired result in screening the property.
However, the developer will provide a list to the landscape rendering for a
general description of the plant schedule.
. Limit hours of delivery - The residents wanted to limit the hours of delivery
(before 6 a.m.) to minimize noise concerns. This issue is currently addressed in
Code of Ordinances:
42-27 (13c.14) Loading and unloading vehicles, destruction of
boxes, etc. The creation of any loud and excessive noise of any
vehicle or the opening and destruction of bales, boxes, crates, and
containers.
The police department currently uses this section of the Code of Ordinances to
regulate the delivery of materials to grocery stores. In discussions with the
developer, both he and the grocery store are aware of this requirement and
understand that no delivery may be made prior to 6 a.m.
Pursuant to Resolution R-03-2176, this item is scheduled for City Council consideration for any
enhancements or modifications for the driveway approach to be approved by the City Council.
The Kingswood HOA President requested that he be allowed to advise residents of the
scheduled City Council meeting for July 1, 2003. A complimentary copy of this agenda briefing
and support material has been provided to the HOA President.
Financial Impact
Related cost for installation of signage by the City is available in the Street operating budget.
Recommendation
Resolution R-03 2179 incorporates only those items, which both the developer and the
Kingswood HOA agreed upon.
Attachments
. Landscaping rendering (Exhibit 1)
. Site plan of proposed driveway approaches (Exhibit 2)
. Resolution R-03-2179
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EXHIBIT 1
Exhibit "2"
RESOLUTION R-03-2179
A RESOLUTION APPROVING THE PLACEMENT OF STREET SIGNAGE, LIMITATION ON
FUTURE MEDIAN MODIFICATION, AND PROPOSED DEVELOPER LANDSCAPING
DESIGN ENHANCEMENTS FOR A DRIVEWAY LOCATION AT THE INTERSECTION OF
RIVERWALK DRIVE
WHEREAS, the City of Colleyville approved Resolution R-02-1933 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 requested approval of the driveway location at the
intersection of Kingswood and Riverwalk Drive.
WHEREAS, the City of Colleyville approved Resolution R-03-2152 on May 20, 2003,
providing for the location of a driveway location entering the Town Center
Development on Riverwalk Drive; and
WHEREAS, the City of Colleyville approved Resolution R-03-2176 on June 3, 2003,
authorizing the Mayor and City Manager to meet with adjoining property owners
for possible enhancements and modifications for a driveway location on
Riverwalk Drive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
That the City Manager is directed to:
a. place a "No U-turn" sign at the median for northbound traffic along
Riverwalk Drive near the intersection of Bluebonnet Road; and
b. place signage at the entrances of the Kingswood Subdivision
identifying "No Thru Traffic"; and
c. note on City files that the median located at the intersection of
Riverwalk Drive and Kingswood Drive is not to be modified for left turn
lane into the Town Center development without City Council approval
and written notification to the known current owners of property in the
Kingswood Subdivision; and
Sec. 2.
That the developer for the Town Center Development shall be responsible for the
following:
a. placement of a right turn median (landscaped and irrigated) will be
constructed in the driveway approach into the Town Center
development at the intersection of Riverwalk Drive; and
Resolution R-03-2179
Page 2 of 2
b. construction of a series of earthen berms (landscaped and irrigated)
along the west side of Riverwalk Drive as generally described in
Exhibit 1 ; and
c. designation of the hike and bike trail, crossing over the driveway
approach aligned with Kingswood Drive, by the staining of the concrete
drive approach.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF
THE DAY OF
AYES, NAYS AND
2003.
ABSTENTIONS ON THIS
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
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CITY COUNCIL
cae'" AGENDA BRIEFING
1(,'X;:l:::>
MEETING DATE:
ITEM # :
RESOLUTION # :
07/01/03
8
R-03-2180
CITY MANAGER 1
DEPARTMENT HEAD
FINANCE REVIEW
Previous Action: None
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of a waiver of perimeter street
improvement requirements on Lot 1, Block 1,
Debrecht Addition, located at 306 W. Van Oaks
Drive
Reading and Public Hearing
Rory and Deena Johnson are the prospective owners of a half-acre lot located on the north
side of Van Oaks Drive, near the west end of the street. The owner, David Debrecht, has
relocated out of state for employment reasons, and he is in the process of selling the property.
The Johnson's have the lot under contract to purchase. The Johnson's met with staff
regarding the property and the requirement for perimeter street improvements. The Johnson's
are requesting a waiver of this requirement and a letter from the applicant is attached.
The Planning and Zoning Commission approved a 2-lot plat of the property on February 10,
2003. The plat included a right-of-way dedication of 25 feet. One of the requirements of
platting two or more single family lots is to construct a portion of the street adjacent to the
property, or escrow an equivalent amount of money with the City for the future construction of
the street. Mr. Debrecht requested a waiver of the perimeter street construction requirement
for this property on March 4, 2003, but the Council denied the request.
The property is zoned R20 Single Family Residential. The lot in question has 108.9 feet of
frontage on Van Oaks Drive. Van Oaks Drive is an asphalt street without curb or gutter, and
there are no sidewalks on either street. The street is not a through street as it serves as an
emergency access to the Remington Park subdivision. Van Oaks Drive is not proposed for
widening on the Master Thoroughfare Plan. The following table shows the pertinent data
relative to this request.
Perimeter Street Improvement Cost Estimate
STREET FRONTAGE TOTAL ESTIMATE ACTUAL COST PER LINEAR FOOT
Van Oaks Drive 108.9 feet $ 14,844.13 $136.31
Agenda Briefing
Resolution R-03-2180
Page 2 of 2
In December 2001, the City Council approved Ordinance 0-01-1314, which adopted new
regulations for perimeter street improvement requirements for one and two lot subdivisions.
The new regulations established a fee of $138.78 per linear foot of street frontage as an
escrow amount for one and two lot subdivisions. For property that has over 100 feet of street
frontage, the total cost is based on a formula that slightly reduces the per foot cost. The City
Council adopted these new regulations due to concern that the waiving the perimeter street
improvement requirements for one and two lot residential subdivisions would have a long-term
financial impact on the community. Since this regulation was adopted, the Council has
approved two waivers and denied three waivers.
The Johnson's have appealed this requirement as allowed by the Land Development Code.
The Land Development Code gives the City Council the authority to consider a waiver from
this regulation, as the Council is the appeals body for Chapter 9 of the Code, in which this
regulation is contained.
The City Council's options in this case are the following:
1. Approve the waiver as requested - This action would waive the perimeter street fee
requirement for this property in the amount of $14,844.13.
2. Approve the waiver in part - The Council may waive a portion or percentage of the fee.
3. Denv the waiver - The property owner must escrow $14,844.13 with the City before
building permits could be issued on the property.
Recommendation
Denial
Attachments
· Location Map
· Letter from Applicant
· Property Layout
· Resolution R-03-2180
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CASE # P-03-003 - Minor Plat - Van Oaks Addition 2
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June 12, 2003
City ofColleyville
5400 Bransford Road
P.D. Box 185
Colleyville, TX 76034
Re: P-3-003 - Debrecht Addition, 306 Van Oaks Drive in Colleyville
Dear Madam or Sir,
My wife and I are interested in purchasing the single lot located at 306 Van Oaks Drive in
Colleyville. During the negotiations and signing the contract, it was disclosed to us by the selling
broker that 306 Van Oaks was originally part of a one-acre lot with an existing home, eventually
demolished by the seller. The seller then submitted a subdivision plat to the City to divide the
property into two lots, one of which he was planning to build his personal residence, now 304
Van Oaks, and the other lot, now 306 Van Oak..., to be sold to a family to construct their home,
hence us. The Planning & Zoning Commission approved the plat at their February 1r1' meeting.
It was only after negotiations and signing the contract, that we met with Colleyville Community
Development Manager - Clayton Husband, who informed us that the City's Land Development
Code requires improvements to perimeter streets or payment of escrow as part of the plat
approval. We are requesting that the City consider a waiver of this requirement, as allowed by
the Land Development Code. Van Oaks Drive, including the lot in question, 306 Van Oaks, is
not proposed or shown on the city's Master Thoroughfare Plan for widening or improvement. It
has been designated as emergency access only for Remington Park and is not a through street.
The street is a mature tree-lined street and looks to have been developed years ago. These are the
last two lots on the street that are not built out with a single-family residence. Several homes on
the street appear to add value to their lots and it seems doubtful they would be re-developed in
the foreseeable future. I have enclosed some pictures as well as a site location map of the street
to help serve as a visual. It is my understanding that 306 Van Oaks is the only lot, or at least to
date, on the street with the escrow requirement. My wife and I hope to build a customized home
in this older neighborhood that should contribute to the city tax base, but unfortunately we are
maxed-out on the home building budget and any added cost to the lot price on top of the permit
fees and utility hook-up costs, would break the deal for us. If at some point the city begins a
project to widen or improve the street, we would be happy to do my part along with the rest of the
residents on Van Oaks.
In closing, my wife and I have our hearts set on living in Col/eyville where we would like to raise
our three-year-old daughter and soon to arrive, son. We would also like to say thank you to Mr.
Husband for seeing us on short notice and having to deal with two anxious individuals.
~RespeC~rUlly.s}/l/.~mitted'I'~" ,-' /"-, /
...../... /"'-..- . Il .:./1 / 11?)y~
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/"~;nd Deena Johnson' V .
602 Westminster Court
Coppell, Texas 75019
(972.745.8851)
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BLOCK 6, REMINGTON PARK ADD'N
N 89053'00"E 217.80'
108.90
1 O' UTiliTY E EMENT
LOT 1
0.437 ACRES
19057 Sg. Ft.
LOT 2
0.437 ACRES
19057 Sg. Ft.
PROPERTY LAYOUT - DEBRECHT ADDITION - P-03-003
..::~ 0 C,.
108.90'
S 89"53'00''W
304 W. VAN
30,/
108.90'
217.80'
OAKS DRIVE
DANIEL LAPIER etux JENNIFER
VOL. 11340, PG. 1709
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RESOLUTION R-03-2180
A RESOLUTION APPROVING A WAIVER OF
PERIMETER STREET IMPROVEMENT REQUIREMENTS FOR
LOT 1, BLOCK 1, DEBRECHT ADDITION
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the perimeter street improvement requirements for Lot 1, Block 1,
Debrecht Addition are hereby waived.
AND IT IS SO RESOLVED.
NAYS AND
2003.
ABSTENTIONS ON
PASSED BY A VOTE OF
THIS THE DAY OF
AYES,
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
~__._,._..__.."_,. "._,,_~___~____,_...__.___.~____._._~~'_., _"4,..,_.._..~.__..,___...._..".__M_' ..... ...._._._
CITY COUNCIL
cc@m", AGENDA BRIEFING
'ex,,:;
MEETING DATE:
ITEM # :
RESOLUTION # :
07/01/03
9
R-03-2181
CITY MANAGER :
DEPARTMENT HEAD I ~
FINANCE REVIEW i N.A.
Previous Action: None
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of a waiver of perimeter street
improvement requirements and parkland dedication
fees on 1.0 acres located at 1112 John McCain
Road, Case P-03-013
Reading and Public Hearing
Joe Tirk is the owner of a one-acre parcel of property located on the north side of John McCain
Road, just east of Shalimar Court. On behalf of the owner, Awad Eskander has applied for a
zoning change on the property. The applicant has submitted a request to change the zoning
on the property from AG Agricultural to R20 Single Family Residential. The owner has also
submitted a Minor Plat of the property, which is under review at this time. The Planning and
Zoning Commission will not consider the plat until the Council takes action on the zoning
change.
The proposed plat would divide the property into two lots, one of which contains an existing
residence. One of the requirements of platting two or more single family lots is to construct a
portion of the street adjacent to the property, or escrow an equivalent amount of money with
the City for the future construction of the street. The plat includes a right-of-way dedication of
3,846 square feet.
The property has 208.33 feet of frontage on John McCain Road; however, there is an existing
house on one of the lots. Since lots with existing residences are exempt from this requirement,
only 102.61 feet of frontage is applicable for this regulation. John McCain Road is an asphalt
street without curb or gutter, and there are sidewalks in some places along the street. John
McCain Road is classified as a Major Collector street on the Master Thoroughfare Plan. The
following table shows the pertinent data relative to this request.
Perimeter Street Improvement Cost Estimate
STREET FRONTAGE TOTAL ESTIMATE ACTUAL COST PER LINEAR FOOT
John McCain Road 102.61 feet $ 14,165.88 $130.08
Agenda Briefing
Resolution R-03-2181
Page 2 of 2
In December 2001, the City Council approved Ordinance 0-01-1314, which adopted new
regulations for perimeter street improvement requirements for one and two lot subdivisions.
The new regulations established a fee of $138.78 per linear foot of street frontage as an
escrow amount for one and two lot subdivisions. For property that has over 100 feet of street
frontage, the total cost is based on a formula that slightly reduces the per foot cost. The City
Council adopted these new regulations due to concern that the waiving the perimeter street
improvement requirements for one and two lot residential subdivisions would have a long-term
financial impact on the community. Since this regulation was adopted, the Council has
approved two waivers and denied three waivers.
The owner has appealed this requirement as allowed by the Land Development Code. The
Land Development Code gives the City Council the authority to consider a waiver from this
regulation, as the Council is the appeals body for Chapter 9 of the Code, in which this
regulation is contained.
The owner has also requested a waiver of the parkland dedication fees for this property.
Parkland dedication fees are assessed at the time of approval of the subdivision plat. Since
one new vacant lot would be created by this plat, the payment of parkland dedication fees is
required for this development. The fee for this plat is $1,802. Parkland dedication fees can
only be used to purchase land for public parks.
The City Council's options in this case are the following:
1. Approve the waiver as requested - This action would waive the perimeter street escrow
requirement for this property in the amount of $14,165.88 and the parkland dedication
fee in the amount of $1,802.
2. Approve the waiver in part - The Council may waive a portion or percentage of the fee.
3. Denv the waiver - The property owner must escrow $14,165.88 for perimeter street
improvements and pay $1,802 for parkland dedication fees before building permits
could be issued on the property.
Recommendation
Denial
Attachments
· Location Map
· Property Layout
· Resolution R-03-2181
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Case P-03-013 - Minor Plat - Paradigm Estates
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FROf-1 PARAD I Gi'l
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FA>< NO.
97.2 745 8519
Jun. 2S 2003 01: 34Pt'1 PI
PARADIGM CONSULTING
ARCH!TECTURE w: PLANNING .s, INTERIOR DESiGN
90:~ Redc:edar Way Dr
CoppeU Te)(us 75019
97L745.35g9
Fay. 972. 74S.<l519
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June 25, 2003
Mr. Clayton Husband, AICP
Community Development Manager
City of Colleyville
5400 Bransford Road
Colleyville, TX 76034
Re: Zoning Change for residence at 1112 John McCain Road
Z-03-010 AG to R20
Dear Mr. Husband,
I am writing this on behalf of Mr. Joe Tirk, the Owner of the above referenced property,
requesting that the City Council would consider waiving the Perimeter Street Constroction
fee. Mr. Tirk owned this property for many years and built his house on this lot in 1952 and
would appreciate the Council consideration of this request in the upcoming meeting in July 1,
2003.
Respectfully,
M~
Awad Eskander. AlA
cc: File
RESOLUTION R-03-2181
A RESOLUTION APPROVING A WAIVER OF
PERIMETER STREET IMPROVEMENT REQUIREMENTS AND
PARKLAND DEDICATION FEES FOR
LOTS 1 AND 2, BLOCK 1, PARADIGM ESTATES
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the perimeter street improvement requirements for Lots 1 and 2, Block
1, Paradigm Estates are hereby waived.
Sec. 2.
THAT the parkland dedication fees for Lots 1 and 2, Block 1, Paradigm
Estates are hereby waived.
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
Joe Hocutt
Mayor
CITY COUNCIL
citr or
ca~n", AGENDA BRIEFING
It'xa$
MEETING DATE: 07/01/03 CITY MANAGER i
ITEM # : 10 DEPARTMENT HEAD
RESOLUTION # : R-03-2182 FINANCE REVIEW N.A.
Previous Action: None
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of a variance to the Sign Regulations for a
sign located in front of Westgate (Rosebrook Villas)
on the south side of McDonwell School Road in the
700 block, Case G-03-021.
Reading and Public Hearing
Westgate Villas, proposed to be renamed Rosebrook Villas, is a single-family development on
McDonwell School Road that is under construction. The development is immediately west of
the Remington Park subdivision. The utilities have been laid and the streets constructed, and
the developer is almost ready to begin selling lots and building homes. The developer, Raman
Chandler, wishes to build a large temporary sign to advertise the development. He had
planned to locate the sign within the front green belt of the property so that it could be easily
seen along McDonwell School Road. He plans to build the sign of the same type of stone that
is inherent in some of the development's infrastructure, such as the water canals through the
medians in the streets.
In the past, applications for a variance from the sign ordinance were first considered by the
"Sign Board of Appeals" (SBA). The application and the SBA recommendation was then
forwarded onto the City Council for approval or denial. For some time, the Board consisted of
just two members, so the above noted procedure was followed. However, recently one of the
members resigned from the board, and the staff believed that all applications should go directly
to the City Council until the Board can be reconstituted.
Current Requlations
The current sign regulations permit a Development Sign to promote developments such as
this, however, they are required to be setback 30 feet from the right-of-way. Mr. Chandler's
sign, which was under construction, is situated within that 30-foot setback (see following photo
exhibits). To be permitted, the sign would have to be rotated 90 degrees, be perpendicular to
the street, and located against the proposed north wall of the subdivision. The walls are part of
the amenities planned for the development.
The green belt is 32.44 feet wide from the property line right-of-way to the edge of the
individual lots.
The proposed sign regulations, currently being considered by the City Council, do not require
that "Development Signs" be setback from the right-of-way, thus this sign could be legally
placed if the proposed sign regulation is adopted by the City Council.
Analysis
Inasmuch as this sign is constructed of the same material as other elements of the
development, such as stone in this case, it is a visual asset to this area, and should readily
serve its purpose to attract attention to this development. In any case, the proposed sign
regulations would permit the sign to be erected at this location.
Staff notified all the adjacent properties regarding this sign variance. No comments have been
received regarding this variance request.
Recommendation
Approval
Attachments
· Location and Area of Notification Map
· Applicant's letter
· Drawing of proposed sign
· Site of proposed location
· Photographs of proposed sign
· List of property owners notified of variance request
· Resolution R-03-2182
11
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CASE # 0-03-021 - Sign Variance
LOCATION MAP and AREA of NOTIFICATION
SIGN VARIANCE CASE # G-03-021
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Raman Chandler Properties, LC
2319 Hall Johnson Rd. POB 611 ColJeyville, TX 76034 817.685.7388 817.283.9186
June 19,2003
Mr. Barry Le Baron
City of Colleyville
P. O. Box 185
ColleyviIle, TX 76034
RE: Developers Sign - Westgate (Rosebrook) Villas - City ofColleyville
Dear Mr. Le Baron:
As we discussed at your office yesterday, I have a problem with the location of a Developers
Sign.
As part of the platting, we dedicated 37.5 feet of property as Right of Way for McDonald School
Road expansion.
This leaves a 32.44 foot wide green belt in front of the stone wall at the lot lines adjacent to the
green belt (see Site Plan).
As a result, there is not a location in front of the stone wall where we can build a monument sign
for the development and comply with the required set back.
We want the development sign to look very nice because it does express the high quality of the
development (as opposed to a single face sign set on wood poles facing McDonwell School
Road).
Therefore, I am requesting a variance for the Temporary Sign Permit 9see enclosed) for a period
of eighteen (18) months. This should be adequate time. If it is not, then I would request an
additional one (1) year extension at that time.
Thank you for your assistances regarding this matter.
sr~~
Raman Chandler
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PROPOSED DEVELOPMENT SIGN AT WESTGATE
(ROSEBROOK) VILLAS -- SIGN VARIANCE CASE # G-03-021
McDonwell School Road (County Road No_ 3105)
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SITE PLAN of WESTGATE (ROSEBROOK) VILLAS
SIGN VARIANCE CASE # G-03-021
--
---
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LOOKING EAST ALONG McDoNWELL-SCHOOL ROAD TOWARDS SIGN
LOOKING SOUTHWEST INTO DEVELOPMENT FROM McDoNWELL-SCHOOL ROAD TOWARDS SIGN
PHOTOGRAPHS of PROPOSED SIGN @ WESTGATE (ROSEBROOK)
VILLAS -- SIGN VARIANCE CASE # G-03-021
ICI Development, L.L.c.
4101 - A Gateway Drive
Colleyville, TX 76034
Larry Cole
Remington Park
6420 Remington Parkway
Colleyville, TX 76034
Remington Park HOA
Jim O'Neil, President
212 Polo Trail
Colleyville, TX 76034
Raman Chandler
Chandler Properties
P.O. Box 611
Colleyville, TX 76034
Case G-03-021 (Notices dated: June 20, 2003)
According to the last published Tax Record, the above individuals own property in near proximity
of the sign variance request. I certify that the parties listed above have been notified of the
proposed sign variance request.
Jan Levy ;;Y-
Planning & 'gning Assistant
LIST of NOTIFIED PROPERTY OWNERS
SIGN VARIANCE CASE # G-03-021
RESOLUTION R-03-2182
A RESOLUTION APPROVING A VARIANCE TO THE SIGN REGULATIONS FOR A
SIGN LOCATED IN FRONT OF WESTGATE (ROSEBROOK) VILLAS IN THE 700
BLOCK OF MCDONWELL SCHOOL ROAD
WHEREAS, Westgate (Rosebrook) Villas has requested a variance to the setback
requirements for a new development sign located in the 700 block of
McDonwell School Road.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the request of Westgate (Rosebrook) Villas to construct a new
development sign with a 30 foot setback variance from the sign regulations
in the 700 block of McDonwell School Road, 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
Joe Hocutt
Mayor
Exhibit "1"
CITY COUNCIL
cifyor
cae"'" AGENDA BRIEFING
It'X;):'
MEETING DATE: I
ITEM # :
RESOLUTION # :
07/01/03
11
R-03-2183
CITY MANAGER I
DEPARTMENT HEAD i JGf-f-
FINANCE REVIEW' N.A.
Previous Action: None
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of a variance to the Sign Regulations for a
sign located at 5708 Colleyville Boulevard, Case G-
03-020.
Reading and Public Hearing
The GWJ Company is the owner of a building at 1213 Hall Johnson Road. The building is
located behind a dental clinic building located at 5708 Colleyville Boulevard. This building is at
the southwest corner of Colleyville Boulevard and Hall Johnson Road, across the street from
the new People's Bank. The tenants of the GWJ Building are requesting a variance from the
sign regulations to allow them to put their names on the monument sign in front of the dental
clinic, which faces Colleyville Boulevard. The nature of the variance is that the Sign
Regulations do not permit off-premise advertising. Since the GWJ Company building is not on
the same platted lot as the dental clinic, including the names of the GWJ Building tenants
would be a violation of this portion of the Sign Regulations.
The subject sign, erected for the tenants of the dental clinic, is constructed of brick with a base,
columns, an arched top, and an incised area for the tenant names. Since this is a new project,
there are not any names currently on the sign; however, the applicant proposes to place two
names on the sign along with the two proposed by the sign owner (see attached letter from the
applicant dated June 12, 2003), for a total of four. The owner of the dental clinic building,
Terry Wilkinson, has given his permission for this application via the attached letter.
Current Regulations
Section 7.7.C of the Sign Regulations (Chapter 7 of the Land Development Code) states: "No
permit shall be issued for the erection of any permanent, off-premise sign, including billboard
signs, whether said sign is attached to a structure or freestanding." There are two exceptions
listed: Institutional Signs no larger than four square feet, and Vertical Banners that are erected
on City utility poles. The proposed sign regulations currently being considered by the City
Council contains this same provision.
Analvsis
The Sign Regulations prohibit off-premise advertising primarily to avoid confusing the public. If
a sign is located on an adjacent property, drivers may expect that business to be located on
that site, when in fact it is located on another property. The variance procedures exist to allow
the City Council to review these issues on a case-by-case basis, and to determine whether the
existing regulations create a hardship on the applicant.
Recommendation
Denial due to non-compliance with the Land Development Code
Attachments
· Applicant letter dated June 12,2003
· Sign Variance Application
· Permission letter from sign owner
· Location Map and area of Notification
· Site Plan of Buildings lA' and 'B'
· Drawing of proposed sign
· List of property owners notified of variance request
· Photographs of subject sign and building facades
· Resolution R-03-2183
Agenda Briefing
Resolution R-03-2183
Page 2 of 2
~ rn J w.
Residential & Commercial Real Estate
June 12, 2003
AU: Mr. Tom Niederauer, AICP
City of Colleyville
City Council
5400 Bransford Road
PO Box 185
Colleyville, Texas 76034
Dear Mr. Niederauer:
We respectfully submit a Sign Variance Application for the City of Colleyville and the
Colleyville City Council to consider.
Terry Wilkinson, President of Wyndham Properties, Ltd., owner of said property 5708
Colleyville Boulevard, Colleyville, Texas located in Town Square has given consent to
George Jensen, President of GWJ Company, owner of property located at 1213 Hall
Johnson Boulevard also located in Town Square to share the monument sign located at
5708 Colleyville Boulevard. (see attached letter from Mr. Wilkinson)
We would greatly apprec:ate the approval from me City of Colleyville-City Council to
allow the tenants occupying 1213 Hall Johnson-Town Square to share the monument
sign at 5708 Colleyville Boulevard.
GWJ Company's tenants names would be as follows:
Keith Metzger, DDS - Suite 100
General Dentistry
Carolyn-Helbert-Green, 00 - Suite 300
Optometry
Wyndham Properties, L TD tenants names would be as follows:
Dr. John Gober
Children's Dentistry
Dr. Mark Hammonds
Chiropractic
Thank you.
Sincerely.
~~~^--
George W. Jens~~
President
1100 Fountain Parkway · Grand Prairie, Texas 75050-1513. 214-672-0618. Fax: 214-672-0549
SIGN VARIANCE APPLICATION
Date of submittal:
This application must be filled out in its
entirety for consideration and review
0(, ~/ /0 :3
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........ ... ....... .... ... ................ ........ ................ ................. ........... ....... ... ......... ...... ...... .......... ....... .................
A. Applicant: G w ::: Co "" PI'> I?: -
Address: //00 ;::OU/I..JaI',.., AJCf<!way
6~a/l r/ P/CaL~/C ,T 'f.. 7S'OS-O
Phone: ~ I </. ~"1.2. 0 b / B
..........................................................................................................................
B. Owner of property:
Name C;; u) -r
Address: /.2 J 3
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Phone: ~ ,<I to 7 ~. 0 ~ / 8
710 03<1
..........................................................................................................................
C. Location of the sign:
Address: ..5"708 dl/ti'l~d/<'" ~()2J.-k.(/.4.K:J
number street name
.........................................................................................................................
D. Other information that must be submitted with this application:
v' Scaled site plan showing:
1. Location of any buildings, structures or tract to which or upon which the
sign is to be attached.
2. The position of the sign in relation to nearby buildings, structures, or other
related signs.
3. dimension of setbacks, building lines, distance between the proposed sign
and street, distance of proposed signs and property lines
4. drawing of proposed sign including height, width, and area.
~ Detail plan of the actual sign.
A detailed letter indicating why your sign can not meet the requirements of the
sign ordinance as well as a description of what your intentions are in placing
06/12/2003 13:52
8174882420
WYNDHAM PROPERTIES
PAGE 01
WYNDHAM INVESTMENT PROPS, INC
751 E SOUTHLAKE BLVD
SUITE 130
SOUTHLAKE, TX 76092
(817) 329-4599
June 12,2003
City of Colleyville
Colleyville, TX 76034
RE: Sign Permission
To Whom It May Concern;
The purpose of this letter is to give permission to GWJ Co of 1213 Hall
Johnson Rd, Colleyville, TX; permission to put their tenants names on a sign
located at 5708 Colleyville Blvd, Colleyville, TX. GWJ has three (3) tenants
located at Suites 100, 200 and 300 at 1213 Hall Johnson Road, Colleyville.
The tenants names on the sign from 5708 Colleyville Blvd, Colleyville
are: Dr. John Gober of Ste A, and Dr Mark Hammond of Ste B.
If you have any further questions please do not hesitate to contact me.
t
rry L Wilkinson
President
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CASE # G-03-020 - Sign Variance
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Eagle-Colleyville Towne Square
Two Lincoln Centre
5420 LBJ Fwy, Ste 1280
Dallas, TX 75240
Wyndham Investment Prop Etal
751 E. Southlake Blvd, Ste 130
Southlake, TX 76092
Guest Monticello Partners Ltd.
1111 S. Main St., Ste 220
Grapevine, TX 76051
Ins Land Family
6407 Colleyville Blvd, Ste B
Colleyville, TX 76034
People's Realty Ltd
2875 Exchange Blvd
Southlake, TX 76092
GWJ Company
George W. Jensen, President
1100 Fountain Parkway
Grand Prairie, TX 75050-1513
Case G-03-020 (Notices dated: June 18,2003)
According to the last published Tax Record, the above individuals own property in near proximity
of the sign variance request. I certify that the parties listed above have been notified of the
proposed sign variance request.
Jan Levy d--
Planning & ~ing Assistant
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RESOLUTION R-03-2183
A RESOLUTION APPROVING A VARIANCE TO THE SIGN REGULATIONS FOR
AN OFF-PREMISES SIGN TO BE LOCATED AT 5708 COLLEYVILLE BOULEVARD
WHEREAS, GWJ Company has requested a variance to allow an off-premises sign on
property located at 5708 Colleyville Boulevard.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the request of GWJ Company for a variance from the sign
regulations to place an off-premises sign on an existing monument sign
located at 5708 Colleyville Boulevard 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
Joe Hocutt
Mayor
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Exhibit "1"
CITY COUNCIL
C\fY O(
ca~", AGENDA BRIEFING
It.~.'.:":;
MEETING DATE:
ITEM#:
RESOLUTION # :
07/01/03
12
R-03-2184
CITY MANAGER I
DEPARTMENT HEAD i
FINANCE REVIEW
Previous Action: None
DEPARTMENT: PARKS AND RECREATION
SUBJECT : Approval of Musco Lighting Buy Board quote for the
Pleasant Run Soccer Field lighting, in the amount of
$59,943
Reading and Public Hearing
The Colleyville Soccer Association has requested that game field 10 at Pleasant Run Soccer
Complex be lighted. Staff discussed the field lighting project and the cost associated with the
project. There is currently no city funding for this project. The Colleyville Soccer Association
has committed up to $65,000 for this project. The lights may be secured from Musco Lighting
through the Texas Local Government Statewide Purchasing Cooperative (BuyBoard) in the
amount of $54,494. The total cost of the project will be $59,943, including a 10% contingency.
Financial Impact
Funding to be provided by the Colleyville Soccer Association.
Recommendation
Approval
Attachments
. Musco Lighting Buy Board quote
. Resolution R-03-2184
Musco's Buy Board Quote
Pleasant Run Soccer Field
City of Colleyville, Texas
Product and Installation $57,363
Price
(see description below)
Wholesaler and N/A
Contractor Adder (50/0)
Sub-Total $57,363
Buy Board Discount $2,869
(50/0 )
Customer Purchase Price $54,494
Product and Service Description:
. 4 - 60' Light Structure base plate poles
. 20 - 1500W metal halide luminaires
. Factory-wired pole top assemblies
. UL listed remote electrical component enclosures (ECE) with
ballasts & capacitors
. Satellite based Control Link system, installation and
commissioning of the Control Link unit by a Musco
technician, and 3 years of communication fees.
. 7 Year limited warranty
. Delivery to the site
. Installation of lighting system and all electrical material
needed to provide a complete working system
. Performance bond
RESOLUTION R-03-2184
A RESOLUTION APPROVING PLEASANT RUN SOCCER FIELD LIGHTING
THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE
WHEREAS, the City of Colleyville, has elected to be a Cooperative Member in the
Texas Local Government Purchasing Cooperative (herinafter
"Cooperative"), a program created by local governments in accordance
with and pursuant to the Interlocal Cooperation Act, Chapter 791, Texas
Government Code; and
WHEREAS, the City of Colleyville desires to purchase soccer field lighting for game
field 10 at the Pleasant Run Soccer Complex, from Musco's through the
Texas Local Government Purchasing Cooperative (BuyBoard).
NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the City of Colleyville does hereby authorize the purchase of soccer
field lighting for game field 10 at the Pleasant Run Soccer Complex from
Musco's, through the Texas Local Government Purchasing Cooperative
(BuyBoard), in the amount of $59,943.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF AYES,
THIS THE DAY OF
NAYS AND
2003.
ABSTENTIONS ON
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
PRE-COUNCIL
Cd)' Of
ca~D(1) AGENDA BRIEFING
IL'....,:;
MEETING DATE:
ITEM#:
RESOLUTION #:
07/01/03
13
R-03-2185
CITY MANAGER I
DEPARTMENT HEAD I
FINANCE REVIEW
N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Approval to amend Resolution R-03-2174 related to
the terms of the Audit Committee
On June 17, 2003, City Council established an Audit Committee, consisting of three
Council members to serve as members of the committee, for the purpose of reviewing a draft of
the audit and meeting with the auditors before the audit is presented to the full City Council.
The purpose of this resolution is to provide that the terms of the Audit Committee will be
concurrent with a member's term on the City Council.
RESOLUTION R-03-2185
A RESOLUTION AMENDING RESOLUTION R-03-2174 ESTABLISHING TERMS
FOR THE AUDIT COMMITTEE
WHEREAS, the City Council established an Audit Committee, which is ultimately
responsible for the stewardship of the City's funds and an annual audit is
required by the Charter; and
WHEREAS, this committee, composed of three Councilmembers, reviews a draft of
the audit and meets with the auditors before the audit is presented to the
full City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the terms of the Audit Committee, composed of three members of the
City Council, shall run concurrently with their council terms.
AND IT IS SO ORDERED.
PASSED BY A VOTE OF
THIS THE DAY OF
AYES,
NAYS AND
2003.
ABSTENTIONS ON
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
COLLEYVILLE HISTORICAL PRESERVATION COMMITTEE
Minutes May 13, 2003
I. Call To Order - The meeting of the Colleyville Historical Preservation Committee
was called to order at 7:00 p.m.
Roll Call - Members present: Sammie Bolling, Ed Havran, Joe Deupree, Nicky
Fettig, Molly Munson, Lila Coley and Gerald Hartman. Members absent: Betty
Jean Wilbanks and Shirley Schollmeyer. Also present were Deputy City Manager
Dianne McWethy, Councilman Jon Ayers, Communications Manager Dixie
Cawthorne, Parks Director Monica Walsh, Administrative Assistant Cindy Martin,
and artist Larry Crowder.
II. Approval of Minutes of April 8, 2003 - Ed Havran made a motion, second by
Gerald Hartman, to approve the minutes of the meeting of April 8, 2003, as
written. Motion approved.
III. Discussion of Webb House Historical Marker - Monica Walsh gave an update
on the requirements to apply for state and national historical markers for the
Webb House. She reported that Gregory Smith, with the Texas Historical
Commission in Austin, advises that we should proceed with submitting photos,
construction information and history of property, maps and any other pertinent
information. Mr. Smith also advised that we should apply for the national marker
first.
Gerald Hartman made a motion, second by Molly Munson, for City staff to
proceed with the preliminary assessment for review. Motion approved.
IV. Discussion and Consideration of Approval of Local Historical Marker
Application for the Bogart Dairy - Following discussion, Ed Havran made a
motion, second by Nicky Fettig, to submit the application for a marker to be
placed at Market Street in Town Center to the City Council for consideration at
the June 1, 2003 City Council meeting. The marker design and exact placement
of the marker will be finalized at a later date.
V. Update of Historical Preservation Foundation - Administrative Assistant Cindy
Martin reported that she had sent the final of the articles of incorporation and a
letter to Shirley Schollmeyer to be submitted to the Secretary of State. The
process takes about four (4) weeks. Once the foundation becomes a legal entity
it can be formed with members, by-laws can be adopted, and the 501 c3 can be
filed with the IRS.
Committee member Lila Coley arrived at the meeting.
VI. Discussion and Consideration of Historical Information for the Colleyville
Website - After discussion, it was suggested that committee members submit the
following items or photos of historical sites to Dixie Cawthorne to be placed on
the Colleyville Web Site:
1) Lila Coley - brief history of Colleyville #1 & #5, Bransford Depot and WWII
Memorial
2) Gerald Hartman - #2 & #4, Dr. Colley Homesite and Whitten Cemetery
3) Molly Munson - #3 & #6, Riley Cemetery and Vietnam Memorial
4) Joe Deupree - #7 & 8, Civil War Memorial and Bidault Home
5) Nicky Fettig - #10 & #11, Riley Cemetery and Dr. Colley marker at City Hall
6) Sammie Bolling - #9, Pleasant Run School
VII. Discussion of City of Colleyville 50th year Anniversary Event - Nicky Fettig
will meet with Marketing Manager Dixie Cawthorne to formulate a theme plan.
VIII. Adjourn - Ed Havran made a motion, second by Gerald Hartman, to adjourn the
meeting. Motion approved. The meeting was adjourned at 8:00 p.m.
The next regular scheduled meeting will be June 10, 2003 at 7:00 p.m.
COLLEYVILLE LIBRARY BOARD MINUTES
May 12, 2003
I. CALL TO ORDER - The meeting of the Colleyville Library Board was called
to order at 7:08 p.m.
ROLL CALL - Members present: Chair Gary Taraba, Pat Jones, Mary Alice
Rippe, Carol Wollin, Susan Barzelay, Mary Ann Nicholson, and Nancy
Eytcheson
Members absent: Dick Roxburgh
Ex-Officio Members absent: Mayor Donna Arp, Dr. Kevin Singer, Dr. Larry
Darlage, Steve Jacobs, Steve Banta and Ret Stansberger
Council Liaisons present: Mayor Pro Tem Ginny Tigue
Staff present: Dianne McWethy and Mary Rodne
II. ANNOUNCEMENTS
Deputy City Manager Dianne McWethy reviewed the Public Notice for
persons interested in the serving on the Library Board. General discussion
ensued regarding the ordinance, which established the structure of the
Library Board being amended to provide that the President of the Colleyville
Public Library Friends of the Library and the Colleyville Public Library
Foundation serve as ex-officio members of the Library Board. This item may
be placed on a future agenda.
III. Approval of the April 14, 2003 MINUTES - A motion was made by Carol
Wollin, seconded by Pat Jones to approve the April 14, 2003 minutes, as
amended.
IV. Development of Policies and Procedures
a. Materials Selection
b. Hours of Operation Review
c. Circulation Review
d. Patron Use Review
e. Other
Director Mary Rodne provided an overview of the Materials Selection policy.
A motion was made by Pat Jones, seconded by Mary Alice Rippe to approve
the Materials Selection policy.
Director Mary Rodne provided a review of the Hours of Operation, Circulation
and Patron Use policies, as approved by the Board on April 14, 2003.
Discussion ensued regarding these policies. No action was taken by the
Board to amend the policies.
V. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY UPDATE
Carol Wollin, President, thanked the volunteers, including Director Mary
Rodne for participating in the fundraiser, Who Wants to be a Millionaire." She
also informed the Board that the Friends of the Colleyville Public Library had
been the recipient of a National Friends award for their "logo" and annual
fundraiser. In honor of this national award, the Friends received two (2)
chairs that they would present to the Board and the City Council for
consideration of donation to the Colleyville Public Library.
VI. COLLEYVILLE PUBLIC LIBRARY FOUNDATION UPDATE
Mayor Pro Tem Ginny Tigue gave an overview of the Colleyville Public Library
Foundation planned activities, including a fund raiser to provide monies to the
library for periodical subscriptions, encyclopedias, music CDs and DVD's.
Mayor Pro Tem Tigue also reviewed the plans for an opening day celebration.
She also informed the Board that a presentation of $25,000 from Betty and
Hardy Sanders and $5,000 from the Glaser family will be presented to
Director Mary Rodne at the May 20, 2003, City Council meeting.
VII. SUGGESTED ITEMS FOR FUTURE MEETINGS
Chair Gary Taraba reviewed his request at the last Library Board meeting for
this item to be placed on the agenda. Director Mary Rodne reviewed the
current process for books and materials selections. No action was taken on
this item.
VIII. ADJOURN: A motion was made by Mary Ann Nicholson, seconded by Pat
Jones to adjourn the meeting. Motion approved. The meeting of the
Colleyville Library Board was adjourned at 8:00 p.m.
RESOLUTION R-03-2186
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
JULY 1, 2003
WHEREAS, Council has taken action on certain items on the agenda under Business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the agenda decisions approved by Council action under Business
this date and not otherwise adopted by Ordinance and/or separate
Resolution as follows are hereby adopted:
a.
THAT
AND IT IS SO RESOLVED.
APPROVED THIS DAY OF
_ AYES, NAYS AND ABSTENTIONS.
2003, BY A VOTE OF
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor