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HomeMy WebLinkAboutCity Council-Agenda Packets-10/4/2005 city Of Texas CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET OCTOBER 4, 2005 5:30 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Update of Metroport work activities PC-2. Update of cable franchise agreements PC-3. Update of Keep Colleyville Beautiful program PC-4. Discussion of selecting dates for a joint City Council and Planning and Zoning Commission meeting PC-5. Discussion of the October 4, 2005, 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 Brian K. Meroney vs. City of Colleyville Property Acquisition Sec. 551.071 - Sec. 551.072 - 100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.074- Sec. 551.087 - Personnel - City Manager's Performance Evaluation Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS INVOCATION: Pastor Lee Johnson, Bear Valley Community Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2603 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUES - In recognition of service on the Planning and Zoning Commission - Luann Edwards and Thomas Dolan - In recognition of service on the Metroport Teen Court Advisory Board - Linda Eilenfeldt - I n recognition of service on the Historical Preservation Committee - Brenda Miller PROCLAMATION - In recognition of the fall cleanup Keep Colleyville Beautiful event PROCLAMATION - In recognition of the Colleyville Church of Christ for relief efforts for Hurricane Katrina victims PROCLAMATION - In recognition of 2005 Texas Chamber of Commerce Week PRESENTATION - In recognition of City of Colleyville business Foreman's Inc. PRESENTATION - In recognition of City of Colleyville business The Village Baking Company PROCLAMATION - In recognition of Fire Prevention Month - Fire Marshall Jeff Jones CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-05-2604 - Consent Items: a. Approval of minutes of the regular City Council meeting of September 20, 2005 b. Approval of a contract for design services with Newman, Jackson, Bieberstein, Inc. for McPherson Park, in an amount not to exceed $141,705 c. Approval of the FY2006 Agency Agreements including the Arts Council of Northeast Tarrant County, Alliance for Children, Women's Haven Colleyville Heritage High School (CHHS) Project Graduation, Grapevine High School (GHS) Project Graduation, Keller High School (KHS) Project Graduation, Metroport Meals on Wheels (MMOW), Mental Health, Mental Retardation of Tarrant County, Grapevine Relief and Community Exchange (GRACE), The Women's Shelter, Special Needs Assistance Partners (SNAPS) and Trinity Railway Express (TRE) Regional Mobility Interlocal Cooperation Agreement and authorize the City Manager to sign the agreements d. Approval of the use of the Voluntary Library Fund for the purchase of library collection materials, collection processing supplies and library programs, in the amount of $102,370 e. Approval to purchase five Ford Crown Victoria police vehicles from Philpott Motor Company through the Houston-Galveston Area Council of Governments (HGAC), in the amount of $103,683.85 f. Approval of the Colleyville Garden Club project for the Webb House PUBLIC HEARINGS: 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1550 - Approval of a request to Amend the zoning on 1.9 acres located at the southwest corner of Church Street and Colleyville Boulevard regarding screening and additional land uses, Case Z-05-026 CITIZEN COMMENTS: 6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA STAFF REPORTS: 7. UPDATE OF THE COUNTY BOND PROGRAM REPORTS: 8. PLANNING AND ZONING COMMISSION MINUTES - September 12, 2005 ACTION/RESOLUTION: 9. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 4, 2005 - Reading and Public Hearing - Resolution R-05-2605 ADJOURNMENT 10. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 30, 2005, at 5:00 p.m. ~~ ~ Cynthia Singleton, TRMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. PRE COUNCIL 1)~ ~~~~n'13 TC'X;;l:; AGENDA BRIEFING MEETING DATE: 1 0/04/05 CITY MANAGER ~ - .,.- ITEM#: PC-1 - DEPARTMENT HEAD FINANCE REVIEW i Previous Action: None DEPARTMENT: OFFICE OF CITY MANAGER SUBJECT: Update of Metroport work activities This item is provided by the request of a City Councilmember to provide an opportunity for an update by representatives with Metroport regarding their transportation and other initiatives for the coming year. PRE COUNCIL cifr or ~ CC~ilce 'TL':,\~$ AGENDA BRIEFING MEETING DATE: 10/04/05 CITY MANAGER i ~ ITEM#: PC-2 DEPARTMENT HEAD I ,,'1 FINANCE REVIEW I Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT: Update of cable franchise agreements Approximately one year ago, Verizon approached City staff with a proposal to begin providing cable television services to Colleyville residents located within their service network footprint pursuant to Title II of the Communications Act. During the past nine months, staff and the City Attorney have met with Verizon officials to discuss the proposal. As City staff negotiated with Verizon, the State Legislature was discussing cable franchise agreements. Those discussions were prompted by the desire of the telephone companies to enter the cable television market without having to receive approval from local governments via a local franchise agreement (LFA). During the second special session, the legislature passed Senate Bill 5 (SB5) allowing cable and telephone providers to receive a state issued cable franchise without local government approval. That bill was signed into law by Governor Perry on September 8, and has become the Public Utilities Commission (PUC) Chapter 66. Under Chapter 66, the PUC has the exclusive authority in Texas to grant certificates to be franchised to provide cable and video services. The City cannot lawfully grant a cable franchise. Therefore, the City no longer has the ability to grant Verizon a cable franchise agreement. Verizon is now able to obtain a certificate from the PUC to provide cable or video service. Currently, the Verizon telephone service territory encompasses approximately one quarter of the City. Within their territory, Verizon will be able to serve Colleyville residents cable and video service without City approval. There remains the possibility that Verizon could expand that territory over time. SBC will also be able to enter the cable and video service market in Colleyville without City approval. This means that some Colleyville residents may have multiple cable service provider options, while other residents may only have one cable service provider choice. The PUC holds exclusive authority on which providers mayor may not enter an area. However, under SB5, the City will continue to receive revenue from a cable service provider operating within City limits. The revenue amount is anticipated to be similar to the amount if the City had the ability to issue a cable franchise. Under SB5, all current cable franchise agreements are grandfathered. Thus, our cable franchise with Comcast Cable is still in effect and binding. However, there has been a suit filed recently by cable companies in Federal Court asking for "Prayer for Relief" because they state SB5 "denies incumbent cable providers the right to renounce their municipal franchises and obtain a state-issued franchise." The ramifications of this lawsuit are unknown at this time. Agenda Briefing PC-2 Page 2 of 2 Additionally, City staff, along with our City Attorney, is exploring all SB5 complexities and requirements. Staff will provide updates and bring forth any franchise modifications that may be necessary under the new statute. PRE COUNCIL ccen0 Tl~X,,$ AGENDA BRIEFING MEETING DATE: 10/04/05 CITY MANAGER ~ ITEM#: PC-3 DEPARTMENT HEAD FINANCE REVIEW j Previous Action: None DEPARTMENT: OFFICE OF CITY MANAGER SUBJECT: Update of Keep Colleyville Beautiful program. This item is provided by the request of a City Councilmember to provide an opportunity for an update by representatives with Keep Colleyville Beautiful program regarding their transportation and other initiatives for the coming year. PRE COUNCIL CC@,,,, AGENDA BRIEFING 7" l';'\ ,,$ MEETING DATE: 1 0/04/05 CITY MANAGER ~ ITEM#: PC-4 ; DEPARTMENT HEAD 1 FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of selecting dates for a joint City Council and Planning and Zoning Commission meeting This item provides the opportunity for City Council to discuss selecting dates for a joint City Council and Planning and Zoning Commission meeting. PRE COUNCIL ell)" Of CCe", AGENDA BRIEFING Il~:X"~ MEETING DATE: j ITEM#: ! 10/04/05 PC-5 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the October 4, 2005, City Council regular agenda items This item provides the opportunity for the City Council to discuss the regular City Council agenda items. RESOLUTION R-05-2603 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 4, 2005 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF AYES, NAYS AND ABSTENTIONS. 2005, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor CITY COUNCIL City or CCe", AGENDA BRIEFING TC'x~$ MEETING DATE: ITEM#: 10/04/05 3 CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW IN/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUES - In recognition of service on the Planning and Zoning Commission - Luann Edwards and Thomas Dolan - In recognition of service on the Metroport Teen Court Advisory Board - Linda Eilenfeldt - In recognition of service on the Historical Preservation Committee - Brenda Miller PROCLAMATION - In recognition of the fall cleanup Keep Colleyville Beautiful event PROCLAMATION - In recognition of the Colleyville Church of Christ for relief efforts for Hurricane Katrina victims PROCLAMATION - In recognition of 2005 Texas Chamber of Commerce Week PRESENTATION - In recognition of City of Colleyville business Foreman's Inc. PRESENTATION - In recognition of City of Colleyville business The Village Baking Company PROCLAMATION - In recognition of Fire Prevention Month - Fire Marshall Jeff Jones RESOLUTION R-05-2604 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OCTOBER 4, 2005 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. Approval of minutes of the regular City Council meeting of September 20, 2005 b. Approval of a contract for design services with Newman, Jackson, Bieberstein, Inc. for McPherson Park, in an amount not to exceed $141,705 c. Approval of the FY2006 Agency Agreements including the Arts Council of Northeast Tarrant County, Alliance for Children, Women's Haven Colleyville Heritage High School (CHHS) Project Graduation, Grapevine High School (GHS) Project Graduation, Keller High School (KHS) Project Graduation, Metroport Meals on Wheels (MMOW), Mental Health, Mental Retardation of Tarrant County, Grapevine Relief and Community Exchange (GRACE), The Women's Shelter, Special Needs Assistance Partners (SNAPS) and Trinity Railway Express (TRE) Regional Mobility Interlocal Cooperation Agreement and authorize the City Manager to sign the agreements d. Approval of the use of the Voluntary Library Fund for the purchase of library collection materials, collection processing supplies and library programs, in the amount of $102,370 e. Approval to purchase five Ford Crown Victoria police vehicles from Philpott Motor Company through the Houston-Galveston Area Council of Governments (HGAC), in the amount of $103,683.85 f. Approval of the Colleyville Garden Club project for the Webb House AND IT IS SO RESOLVED. APPROVED ON THIS OF AYES, ATTEST: Cynthia Singleton, TRMC City Secretary DAY OF NAYS AND Resolution R-05-2604 Page of 2 of 2 2005, BY A VOTE ABSTENTIONS. CITY OF COLLEYVILLE David Kelly Mayor MINUTES OF THE CITY COUNCIL MEETING SEPTEMBER 20, 2005 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 20,2005, at 5:17 p.m. ROLL CALL: Councilpersons Tony Licata, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Finance Director Terry Leake, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Community Development Manager Barry LeBaron, Community Development Manager Chris Fuller, Communications Manager Mona Gandy, Colleyville Center Manager Un Przybyl, Human Resources Director Kelly Cooper, Budget and Administrative Services Manager Stephen Seidel, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Councilman George Boll was absent. PC-1. Presentation of the Monthly Financial Report - August 2005 Finance Director Terry Leake provided an overview of the August 2005 Monthly Financial Report. PC-2. Discussion of Colleyville Communicator Topics Mayor Kelly announced the "Mayor for a Day" event for 11 to 14 year old Colleyville residents. Participants will submit an essay in answer to the question, "What would you do to lead Colleyville into the future", and the winner will serve as honorary Mayor on Tuesday, November 1, 2005, and spend the day as an honored city official. CITY COUNCIL MINUTES SEPTEMBER 20, 2005 Councilman Hendler requested that the major City events be highlighted in the Colleyville Communicator. PC-3. Discussion of the September 20, 2005, City Council regular agenda items Finance Director Terry Leake provided language, required by law, to be stated if it is Council's desire to approve Item 6, Ordinance 0-05-1541, Adoption of the Ad Valorem Tax Rate for Fiscal Year 2005-2006. There being no further business, Mayor Kelly declared the meeting adjourned at 5:21 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 20, 2005, at 7:00 p.m. ROLL CALL: Councilpersons Tony Licata, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen Finance Director Terry Leake, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Human Resources Director Kelly Cooper, Colleyville Center Manager Lin Przybyl, Communications Manager Mona Gandy, Computer Technician Chris Pena, Budget and Administrative Services Manager Stephen Seidel, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Councilman George Boll was absent. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Sec. 551.072 - Sec. 551.074 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Brian K. Meroney vs. City of Colleyville Property Acquisition Personnel - City Manager's Performance Evaluation Sec. 551.071 - 2 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 Sec. 551.087 - Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations Mayor Kelly 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, Section 551.074, Personnel, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:01 p.m. and reconvened at 7:50 p.m. The invocation was given by Assistant Pastor Darius McKay of First Baptist Church and City Attorney Michael Kallas led the Pledge of Allegiance. EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2592 This resolution was not necessary. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly introduced Attorney Michael Kallas serving in the absence of City Attorney Matthew Boyle. Mayor Kelly announced that the Board, Commission and Committee Appreciation event on September 8, 2005, was a success and expressed appreciation to the citizens who volunteer and serve the City. Mayor Kelly also commended City Secretary Cynthia Singleton and staff for coordinating the event. Mayor Kelly announced that he and Councilman Hendler participated in the City of Grapevine Grapefest event. Mayor Kelly presented Certificates of Recognition to City of Colleyville residents Murphy Michelle Bert, Bethany Cook, Bryson Cook and Adam Richardson, in recognition of donations made to the American Red Cross for Hurricane Katrina relief victims. Mr. Chris Strittmatter of Peoples Bank accepted the donation on behalf of the American Red Cross. 3 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 Mayor Kelly presented a Proclamation to Police Chief Tommy Ingram in recognition of National Crime Prevention Month. Chief Ingram expressed appreciation to the citizens for the support of the community and provided safety tips. Mayor Kelly presented a Proclamation to Fire Chief Mike Johnston in recognition of National Preparedness Month. Chief Johnston expressed appreciation for the volunteers who assisted in providing aid to Hurricane Katrina victims. Mayor Kelly wished community Development Manager Barry LeBaron a happy birthday. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-05-2593 - Consent Items: a. Approval of minutes of the regular City Council meeting of September 6, 2005 b. Approval of minutes of the Joint City Council and Grapevine-Colleyville Independent School District Board of Trustees meeting of August 29, 2005 c. Approval of the minutes of the Special City Council meeting of August 30, 2005 d. Approval of minutes of the Joint City Council and Community Groups meeting of August 30, 2005 e. Approval of a Final Plat for Castleton Manor Addition on 24.108 acres located at 6805 Pleasant Run Road, Case P-05-027 f. Approval of Service Agreements between the City of Colleyville and the Trane Service Group, through the Texas Cooperative Purchasing Network (TCPN) to provide for Year Three of agreement for the inspection, maintenance and repair of the HVAC systems, in the Colleyville City Hall, Public Library and Justice Center, in an amount not to exceed $50,093 g. Approval of the Janitorial Services Contract with General Building Maintenance through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $125,604 4 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 h. Approval of renewing the Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program and authorizing the City Manager to sign the agreement I. Approval of the Memorandum of Agreements of the Workforce Development Sustainability Plan to the Mejorando Group for Succession Planning, in an amount not to exceed $21,000, and Public Sector Personnel Consultants for Compensation and Retention, in an amount not to exceed $31,500 and authorize the City Manager to sign the agreements J. Approval of the Fund Balance Policy k. Approval of an Interlocal Agreement renewal and funding for the Metroport Teen Court Program I. Approval to extend the Interlocal Agreement for FY2006 with the City of Grapevine for fleet services for Fire Department Vehicles and authorize the City Manager to sign the agreement m. Approval to order a fire engine from Houston-Galveston Area Council of Governments (HGAC) prior to October 1, 2005, in an amount not to exceed $408,716 n. Approval of local historical marker applications Mayor Kelly read Resolution R-05-2593 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City Manager Bill Lindley stated that Items f and g provide for HVAC service and janitorial service to City facilities and are included in the FY2006 budget as ongoing operations. Councilman Hendler commended the Teen Court program and Teen Court Coordinator Amber Cartwright for the development and success of the program. Mayor Pro Tem Ayers commended the Historical Preservation Committee members for designating people and areas, through the Historical Marker Program, that are of historical significance to the City of Colleyville. Mayor Pro Tem Ayers moved to approve Resolution R-05-2593. 5 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 Councilman Licata seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. PUBLIC HEARINGS: 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1540 - Adoption of the proposed Fiscal Year 2005-2006 Budget Mayor Kelly read the caption of Ordinance 0-05-1540. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers commended staff on the development of the budget and stated that although the language required in the motion for the adoption of the tax rate of $.3474, in agenda item 6, includes the word, "increase", the tax rate will remain the same. Mayor Kelly stated that the tax rate is $.3474 for the eleventh straight year. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1540. Councilman Hart seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1541 - Adoption of the Ad Valorem Tax Rate for Fiscal Year 2005-2006 Mayor Kelly read the caption of Ordinance 0-05-1541. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 Mayor Pro Tem Ayers stated that although the language required in the motion for the adoption of the tax rate of $.3474 includes the word, increase, the tax rate will remain the same. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1541 increasing the property taxes by the adoption of a tax rate of $.3474 per hundred dollars of valuation. Councilman Hendler seconded the motion. City Manager Bill Lindley stated that the Council adopted the property tax freeze for seniors and the homestead exemption to $65,000 for 65 and older citizens, which maintains the tax rate for seniors. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1542 - Adoption of a water and sewer rate adjustment Mayor Kelly read the caption of Ordinance 0-05-1542. Mayor Kelly opened the public hearing. Ms. Kathy Hadley, 204 North Timberline Drive, spoke regarding the tax rate for seniors and in opposition to the proposed ordinance. There were no others wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers stated that the proposed rate increase would add $2.30 to the average customer bill; has been discussed in public meetings since 2003; that the adjustment would provide for the realignment of the water and sewer lines on SH26 during the redevelopment of SH26, and the proposed rate is less than the average rate of surrounding cities. City Manager Bill Lindley reported that the proposed rate increase has been planned since 2000 to provide for the relocation of the utility lines during the SH26 improvements and provided information regarding the city operating funds. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1542. Councilman Hendler seconded the motion. 7 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1543 - Amending Ordinance 0-92-880 setting fees and charges for City services and facilities Mayor Kelly read the caption of Ordinance 0-05-1543. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City Manager Bill Lindley stated that a third party ambulance billing company will provide for a more efficient method of collecting the ambulance billing fees and the service is being utilized by area cities. Councilman Hendler stated that the proposed ordinance also addresses fees unanimously approved by the Colleyville Center Advisory Committee and the Library Board. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1543. Councilman Hendler seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 9. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1544 - Amending Ordinance 0-94-977 setting fees and charges for residential and commercial alarms Mayor Kelly read the caption of Ordinance 0-05-1544. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 8 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 Mayor Pro Tem Ayers stated that the proposed ordinance addresses the issue of the cost the City incurs for answering false alarm, but that there will be no decrease in service and all alarm calls will be answered. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1544. Councilman Hart seconded the motion. City Manager Bill Lindley stated that the Police will respond to all residential and commercial alarms and the response is not based on the permitting process. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 10. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1545 - Amending Chapter 98, Article IV, Section 98-104 of the Colleyville Code of Ordinances, "Schedule of Drainage Charges" Mayor Kelly read the caption of Ordinance 0-05-1545. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1545. Mayor Pro Tem Ayers stated that the fee increase on the drainage side will allow the general fund paid employees to concentrate one hundred percent on street repairs. Councilman Licata seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 11. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1546 - Approval of a City Developer Agreement with Longwood Plaza Partners, LP for the Longwood and SH26 project 9 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 Mayor Kelly read the caption of Ordinance 0-05-1546. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers stated that the agreement has no financial impact to the City; that the developer will pay for the actual construction costs associated with the improvements, which includes the installation of a traffic signal at Longwood Drive and SH26 for public safety. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1546. Councilman Hart seconded the motion. Councilman Hart expressed appreciation to Public Works Director Keith Fisher and TxDOT for the approval of the signal light. City Manager Bill Lindley commended Public Works Director Keith Fisher for action taken to enhance public safety and economic development. Mr. Lindley announced that Mr. Fisher has resigned as Public Works Director to pursue other opportunities. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 12. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1547 - Adoption of the Colleyville Economic Development Corporation Fiscal Year 2005- 2006 Budget Mayor Kelly read the caption of Ordinance 0-05-1547. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilman Hendler commended the Colleyville Economic Development Corporation Board for recommending funding for the projects. Councilman Hendler moved to approve Ordinance 0-05-1547. 10 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 13. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1548 - Amending Ordinance 0-05-1533 revising the annual budget for Fiscal Year 2006 of the Colleyville Crime Control and Prevention District (CCCPD) Mayor Kelly read the caption of Ordinance 0-05-1548. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1548. Councilman Hart seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 14. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1549 - Approval to amend Section 2 of Ordinance 0-05-1527 relating to the Fiscal Year 2004-2005 Budget to authorize the expenditure of $246,195 for the purchase of capital items Mayor Kelly read the caption of Ordinance 0-05-1549. Mayor Kelly opened the public hearing. Ms. Kathy Hadley, 204 North Timberline Drive, spoke regarding the purchase of the capital items. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Finance Director Terry Leake provided an overview of the capital items. 11 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 City Manager Bill Lindley stated that a list of the capital items are included in the City Council agenda packet and on the City's website and spoke regarding the process for identifying and funding the capital items. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1549. Councilman Hendler seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-05-2594 - Consideration of appointments to the Planning and Zoning Commission Mayor Kelly read Resolution R-05-2594 in its entirety. Mayor Kelly opened the public hearing. Ms. Kathy Hadley, 204 North Timberline Drive, spoke regarding the Planning and Zoning Commission members and the future appointments. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations for Place 5. Councilman Licata nominated David Dudziak. There were no other nominations and Mayor Kelly declared David Dudziak appointed to Place 5 by acclamation. Mayor Kelly opened the floor for nominations for Place 6. Councilman Hendler expressed appreciation to all of the applicants for their interest and willingness to serve. Councilman Hendler nominated Mary Taylor. Councilman Hart nominated Robert McCormick. Mayor Kelly called for the vote. 12 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 Mary Taylor - Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Robert McCormick - Mayor Kelly declared Mary Taylor appointed to Place 6. Mayor Kelly opened the floor for nominations for Place 7. Mayor Pro Tem Ayers nominated Robert McCormick. There were no other nominations and Mayor Kelly declared Robert McCormick appointed to Place 7 by acclamation. Mayor Pro Tem Ayers moved to approve Resolution R-05-2594, appointing David Dudziak, Mary Taylor and Robert McCormick to the Planning and Zoning Commission. Mayor Pro Tem Ayers expressed appreciation to the applicants and encouraged those not appointed to apply for other open board, commission or committee positions. Councilman Hendler seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-05-2595 - Consideration of appointments to the Zoning Board of Adjustments Mayor Kelly read Resolution R-05-2595 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-05-2595, appointing Dee McNosky to Place 4, L. Ed Moore to Place 5 and Larry Knox as Alternate 1. Councilman Hart seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 13 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 17. READING AND PUBLIC HEARING - Resolution R-05-2596 - Consideration of appointments to the Colleyville Economic Development Corporation Mayor Kelly read Resolution R-05-2596 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-05-2596, appointing John Terhoeve, John Gray and James Spriggs to the Colleyville Economic Development Corporation Board of Directors. Councilman Licata seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 18. READING AND PUBLIC HEARING - Resolution R-05-2597 - Consideration of appointments to the Teen Court Advisory Board Mayor Kelly read Resolution R-05-2597 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for the first position. Councilman Hendler nominated Karyn Hahne. Councilman Hendler expressed appreciation to Karyn Hahne, former Teen Court Advisory Board member Linda Eilenfeldt and Teen Court Coordinator Amber Cartwright for their service on the Metroport Teen Court Advisory Board. There were no other nominations and Mayor Kelly declared Karyn Hahne appointed by acclamation. 14 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 Councilman Licata commended the applicants for their willingness to serve and invited those applicants not appointed to apply for other open board, commission or committee positions. Councilman Hendler nominated Abby Sherck. There were no other nominations and Mayor Kelly declared Abby Sherck appointed by acclamation. Mayor Pro Tem Ayers encouraged those applicants not appointed to the Board to volunteer in the Teen Court Program. Councilman Hendler moved to approve Resolution R-05-2597, appointing Karyn Hahne and Abby Sherck to the Metroport Teen Court Advisory Board. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 19. READING AND PUBLIC HEARING - Resolution R-05-2598 - Consideration of appointment to the Historical Preservation Committee Mayor Kelly read Resolution R-05-2598 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-05-2598 appointing Jacquelyn Young to the Historical Preservation Committee. Councilman Hart seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 15 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 20. READING AND PUBLIC HEARING - Resolution R-05-2599 - Approval to Amend and Replace Resolutions R-90-612, R-91-654, R-95-1122, R-99-1508 and R-03-2268, Adopting Rules of Procedure for Council Meetings Mayor Kelly read Resolution R-05-2599 in its entirety. City Manager Bill Lindley provided an overview of the proposed changes to the City Council Rules of Procedure. Mayor Kelly opened the public hearing. Mr. Mike Taylor, 5209 Coventry Place, spoke in favor of the proposed resolutions and regarding the order of the agenda for citizen comments. Ms. Kathy Hadley, 204 North Timberline Drive, spoke regarding the order of the agenda for citizen comments and the amount of time allowed for citizen comments. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding the order for citizen comments, the time period for speakers and the ability of the Council to suspend the rules and the order of a public hearing. The rules were suspended to allow citizens to speak. Mr. Mike Taylor, 5209 Coventry Place, provided clarification regarding the order for citizen comments. Mayor Pro Tem Ayers moved to approve Resolution R-05-2599, with the amendment to Section V. 5.1 C-12 "Citizen Comments/Presentations regarding items not on the agenda" to Section V. 5.1C-10. Councilman Hart seconded the motion. Councilman Hart expressed appreciation for the comments from Mr. Taylor and Ms. Hadley and that the document may be reviewed and amended as needed in the future. City Manager Bill Lindley recommended that the City Council review the Council Rules of Procedure annually. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 16 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 21. READING AND PUBLIC HEARING - Resolution R-05-2600 - Adopting the National Incident Management System (NIMS) as the standard for incident management for the City of Colleyville Mayor Kelly read Resolution R-05-2600 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Fire Chief Mike Johnston provided an overview of the National Incident Management System (NIMS). Councilman Hart moved to approve Resolution R-05-2600. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 22. READING AND PUBLIC HEARING - Resolution R-05-2601 - Approval to amend Resolution R-00-1647 changing the day of the first regular City Council meeting in November and changing the day of the first regular City Council meeting in July 2006 Mayor Kelly read Resolution R-05-2601 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-05-2601. Councilman Licata seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 17 CITY COUNCIL MINUTES SEPTEMBER 20, 2005 REPORTS: 23. COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - May 23, 2005 COLLEYVILLE CENTER FEE REVIEW SUBCOMMITTEE MINUTES - June 13,2005 COLLEYVILLE CENTER FEE REVIEW SUBCOMMITTEE MINUTES - June 27,2005 PARKS AND RECREATION ADVISORY BOARD MINUTES -August 1, 2005 COLLEYVILLE PUBLIC LIBRARY BOARD MEETING MINUTES - August 8, 2005 ZONING BOARD OF ADJUSTMENT MINUTES - August 9, 2005 PLANNING AND ZONING COMMISSION MINUTES - August 22, 2005 There was no action taken on this item. CITIZEN COMMENTS: 24. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. ACTION/RESOLUTION: 25. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 20, 2005 - Reading and Public Hearing - Resolution R-05-2602 This resolution was not needed. ADJOURNMENT 26. ADJOURNMENT There being no further business before the City Council, Mayor Pro Tem Ayers moved to adjourn. Councilman Hart seconded the motion. Ayes: Councilpersons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the meeting adjourned at 9:20 p.m. 18 CITY COUNCIL MINUTES APPROVED THIS AYES, Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary DAY OF NAYS AND SEPTEMBER 20, 2005 2005, BY A VOTE OF ABSTENTIONS. 19 CITY COUNCIL city O{ CC~'" AGENDA BRIEFING iL~X<:l$ MEETING DATE: 10/04/05 ITEM # : 4b RESOLUTION #: I R-05-2604 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW i Previous Action: None DEPARTMENT: PARKS AND RECREATION SUBJECT: Approval of a contract for design services with Newman, Jackson, Bieberstein, Inc. for McPherson Park, in an amount not to exceed $141,705 - by Consent Reading and Public Hearing In November 2001, the City Council established the McPherson Park Master Plan Committee to develop a Master Plan that addressed both the current and future recreational and athletic needs of the City. The McPherson Park Master Plan Committee worked with City staff for several months to develop a schematic plan. Upon completion of this plan, the City secured the services of Newman, Jackson, Bieberstein, Inc. for the refinement of the plan to reflect the program elements desired by the committee and City staff. On October 1, 2002, the City Council approved the McPherson Park Master Plan. The elements of the park include unstructured open space play areas, fishing pier and pond, concrete parking for 150 cars, basketball and sand volleyball courts, a pavilion, playground and concrete hike and bike trails. On August 1, 2005, the Parks and Recreation Advisory Board established their park project priorities. In consideration of establishing the priorities, the Parks and Recreation Advisory Board reviewed the citizen's priorities based on the Comprehensive Parks, Recreation and Open Space Master Plan. Priority number one was McPherson Park, Phase I. At the August 23, 2005, the Colleyville Economic Development Corporation (CEDC) Board recommended adopting the Economic Development Capital Improvement Program (EDCIP) Fiscal Year 2006 budget. On September 6,2005, City Council approved the EDCIP budget. Newman, Jackson, Beiberstein, Inc. provided the proposal for the Phase I site development of McPherson Park for City Council consideration. The proposal includes basic services to develop the design and construction documents and on-site civil and landscape design fees for a total cost of $119,705. There are also survey costs for $10,000 and construction material testing costs for $12,000. The total project cost for the design services for McPherson Park, Phase I is $141,705. Matthew Boyle, City Attorney, has reviewed and approved this proposal for services. In accordance with City Charter Section 3.07, the City Manager may be authorized to sign the contract. Agenda Briefing Resolution R-05-2604 Page 2 of 2 Financial Impact The proposed FY2006-2010 Colleyville Economic Development Corporation Capital Improvement Program (CEDCIP) provides funding in FY2006 for McPherson Park, Phase I in the amount of $638,000. The total cost of the McPherson Park, Phase I project is approximately $1.9 million with proposed funding allocations from CEDC ($638,000), Parkland Dedication ($855,000) and Voluntary Park Fund ($500,000). Recommendation Approval Attachments . Newman, Jackson, Bieberstein, Inc. Proposal . Proposed FY2006-FY2010 Colleyville Economic Development Capital Improvement Program (CEDCIP) AGREEMENT BETWEEN LANDSCAPE ARCHITECT AND CLIENT This Agreement entered into by and between the City of Colleyville, (hereinafter called "Client"), and Newman, Jackson, Bieberstein, Inc., Banner Place North, 12770 Coit Road, Suite 210, Dallas, TX 75251 (hereinafter called "Landscape Architect"). WITNESSETH That the Client does hereby employ the Landscape Architect to render professional services for the Phase I site development of McPherson Park, the limits of which are shown on the attached Exhibit A, located on McDonwell School Road within the City of Colleyville, (hereinafter called the "Project") to wit: I. SCOPE A. The Landscape Architect will provide full service design through Construction Observation for: · Site and Park Design · Hardscape Design · Softscape design The Client and the Landscape Architect agree as set forth below. This Agreement supersedes any and all other Agreements either written or oral. II. BASIC SERVICES The Landscape Architect's Basic Services are as described in the following five (5) Phases. These services will be performed expeditiously and with professional skill and care. A Service Matrix is attached for clarification of Project responsibilities (Exhibit B). A. PRE DESIGN PHASE 1. The Landscape Architect will assemble site surveys furnished by the City of Colleyville and its surveyor and create a base map for further design work. These surveys will be coordinated with boundary information provided by the Client and will include contours at one-foot intervals, major site features, existing trees and other vegetation, and location of above and below grade utilities. 2. The Landscape Architect will visit the site and document existing conditions through site photographs and notes before beginning preliminary design. 3. The Landscape Architect will attend a project kick-off meeting with the Client and representatives from surrounding neighborhoods to review the approved master plan and describe the facilities to be developed as part of the Phase I construction. B. PRELIMINARY DESIGN PHASE 1. This phase includes those services necessary to prepare drawings and other documents, to fix and describe the size and character of the project including materials and systems as may be appropriate. 2. Preliminary Design services will include the following: a. Preparation of drawings of all approved items enumerated on the Service Matrix, Exhibit B. b. Expansion of the design in terms of size, appearance, and form through drawings of plans, sections, and elevations. c. Preparation of design level details which establish major materials and finishes. d. Selection of site and landscape light fixtures. 3. Preparation of a preliminary statement of probable construction cost. 4. The landscape architect has allowed for the following review meetings as part of preliminary design: a. Four (4) review meetings with Colleyville PARD staff to review progress on the preliminary design work; b. One review meeting with representatives from surrounding neighborhoods to review the preliminary design; c. One review meeting with the Colleyville Park Board; d. One review meeting with the Colleyville City Council. C. CONSTRUCTION DOCUMENT PHASE 1. This phase includes those designated services necessary to prepare, from the approved Preliminary Design Documents, further drawings, specifications, and related documents setting forth in detail requirements for construction of the project and contracting for construction. 2. Construction Documents services will include the following: a. Preparation of working drawings necessary to construct those items of work enumerated on the Service Matrix, Exhibit B. b. Calculations necessary to establish size, shape, dimensions, and capacity of the Work. c. Preparation of specifications which describe materials, systems and equipment, workmanship, quality, and performance criteria required for the construction of the Work. 2 d. Submittal of a full sized set of construction documents to the Texas department of Licensing and Regulation or an Independent Contract Provider for Texas Accessibility Standards review including the review and filing fees. The City of Colleyville will be responsible for the final TDLR inspection coordination and fee. 3. Review Construction Documents with the Client for approval and authorization to proceed. D. BIDDING PHASE 1. The Landscape Architect, following the Client's approval of the Construction Documents, will assist the Client and Owner in obtaining bids and in awarding contracts for construction of the project. 2. The services to be provided in this phase include: a. Issuing bidding documents b. Participating in pre-bid conferences c. Preparing addenda to the Construction Documents d. Attending bid opening e. Evaluating bids f. Documenting and distributing bid results g. Distributing required sets of Contract Documents E. CONSTRUCTION OBSERVATION PHASE 1. The Landscape Architect will represent the Client as his agent during the Construction of the Work. Basic services during this phase of work include twelve (12) site visits which include a site visit to assist the Client in the development of a punch list at substantial completion and a final walk through. 2. The Construction Observation Phase will commence with the award of the Contract for Construction and will terminate when final payment to the Contractor is due, or in the absence of a final Certificate for Payment or of such due date, sixty days after the Date of Substantial Completion of the Work, whichever occurs first. 3. Instructions to the Contractor will be forwarded through the Landscape Architect. 4. The Landscape Architect, in coordination with and at the request of the Client, will visit the site at appropriate intervals to become generally familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. The Landscape Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. 3 On the basis of on-site observations, the Landscape Architect will keep the Client informed of the progress and quality of the Work, and will endeavor to guard the Client against defects and deficiencies in the Work. 5. The Landscape Architect does not have control or charge of and is not responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work; for the acts or omissions of the Contractor, his Subcontractors or any other persons performing any of the Work, or for the failure of any of them, to carry out the Work in accordance with the Contract Documents. 6. The Landscape Architect, if requested, will determine the amounts owed to the Contractor based on observations at the site and on evaluations of the Contractor's Applications for Payment, and will approve Certificates for Payment in such amounts. The approval of a Certificate for Payment is not a representation that the Landscape Architect has made any examination to ascertain how and for what purpose the Contractor has used the monies paid. 7. The Landscape Architect will review and take appropriate action upon the Contractor's submittals such as shop drawings, product data and samples for conformance with the design intent and conformance with the information given in the Contract Documents. 8. The Landscape Architect, when requested, will assist in the preparation of Change Orders for the Client's approval and execution and will have authority to order minor changes in the Work not involving an adjustment in the contract sum or contract time. III. CLIENT'S RESPONSIBILITIES A. The Client will provide project information including a program and budget. This information will set forth the Client's design objectives, project constraints and criteria. B. The Client will furnish a legal description and a boundary and topographic survey of the park site. C. The Client will furnish structural, mechanical, chemical, and other laboratory tests, inspections, and reports as required by law or the Contract Documents. D. The services, information, surveys and reports required by Paragraphs III. Band C will be furnished at the Client's expense, and the Landscape Architect will be entitled to rely upon the accuracy and completeness thereof. E. If the Client observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof will be given to the Landscape Architect. 4 F. The Client will furnish required information and will render approvals and decisions expeditiously for the orderly progress of the Landscape Architect's services and of the Work. IV. CONSTRUCTION COST A. DEFINITION 1. The Construction Cost is the total cost or Contractor's estimated cost to the Client of all elements of the work designed or specified by the Landscape Architect. 2. The Construction Cost does not include compensation of the Landscape Architect or the Landscape Architect's consultants, land cost, rights-of- way cost, or other costs incidental to the Project which are the responsibilities of the Client as provided in Article III. B. RESPONSIBILITY FOR CONSTRUCTION COST 1. Neither the Landscape Architect nor the Client has control over the cost of labor, materials, or equipment, over the Contractor's methods of determining bid prices, or over the competitive bidding market or negotiating conditions. Accordingly, the Landscape Architect does not warrant or represent that bids or negotiated prices will not vary from any Statement of Probable Construction Cost prepared by the Landscape Architect. 2. Any project budget or fixed limit of Construction Cost will be adjusted to reflect any change in the general level of prices in the construction industry between the date of submission of the Statement of Probable Construction Cost and the date on which proposals are sought. 3. If a fixed limit of Construction Cost (adjusted as provided in IV.B.2) is exceeded by the lowest bona fide bid or negotiated proposal by more than 20%, the Landscape Architect will at the Client's request, revise the Contract Documents to comply with the project budget at no additional charge. 5 V. BASIS OF COMPENSATION The Client shall compensate the Landscape Architect for the services provided as outlined below and in accordance with the terms and conditions of this Agreement. The rates and multiples for services of the Landscape Architect and the Landscape Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. A. Payments for basic services, project expenses, and any approved additional services will be billed monthly. B. Project expenses are in addition to basic service professional fees. An allowance for project expenses has been set up as a part of the fee schedule shown in Exhibit C and includes actual expenditures made by the Landscape Architect and their consultants in the interest of the project for: 1. Travel and related expenses, 2. Long distance communications including facsimile transmissions, 3. Fees paid for securing approval of authorities having jurisdiction over the project, 4. Reproductions and photocopying including plotting services, 5. Postage and delivery services, 6. Expense of overtime work requlflng higher than regular rates when requested by the Client, 7. Expense of any additional insurance coverage or limits including professional liability insurance requested by the Client in excess of that normally carried by the Landscape Architect and the Landscape Architect's consultants. C. No deductions will be made from the Landscape Architect's compensation on account of sums withheld from payments to contractors. D. If the project is suspended or abandoned in whole or in part for more than 90 days, the Landscape Architect shall be compensated for all services performed up to the date of receipt of written notice from the Client of such suspension or abandonment, together with reimbursable expenses then due. If the project is resumed after being suspended for more than 90 days, the Landscape Architect's compensation may be equitably adjusted. E. Failure to honor billings in a timely manner justifies cessation of further service. F. The fees outlined in this Agreement are subject to renegotiation should the project scope change significantly at any phase. 6 G. For basic services as described in Article II, compensation will be as stipulated in Exhibit C - Fee Schedule. H. For additional services, compensation shall be computed as lump sum, or on an hourly basis, as mutually agreeable to both parties. I. Payment is due upon receipt of invoice and is payable at the offices of Newman, Jackson, Bieberstein, Inc., Banner Place North, 12770 Co it Road, Suite 210, Dallas, Texas 75251. VI. OWNERSHIP AND USE OF DOCUMENTS Drawings will remain the property of the City of Colleyville. Upon completion of the work, or any earlier termination of the Agreement, Landscape Architect will revise the documents to reflect changes made while working on the Park improvements project and promptly furnish the same to the city in an acceptable format. All such reproductions shall be the property of the City who may use them without Landscape Architect's permission for any purpose relating to the park improvements project, including, but not limited to, completion of the Park improvements project and/or additions, alteration, modifications, and/or revisions to the Park improvement project. NJB shall have no liability for changes made to the drawings by other architects, engineers, or any other person subsequent to the completion of the Project, unless said changes were at the request of and/or direction of Landscape Architect. Any such change shall be sealed by the person making the change and shall be appropriately marked to reflect what was changed or modified. The City may not use any documents related to this Park improvements project for work on any other project without removing all Landscape Architect, professional engineer, registered architect, registered landscape architect, etc. seals from the drawings. VII. TERMINATION OF AGREEMENT A. This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. B. This Agreement may be terminated by the Client upon at least seven days written notice to the Landscape Architect in the event that the project is abandoned. C. In the event of termination not the fault of the Landscape Architect, the Landscape Architect will be compensated for all services performed to termination date together with Project Expenses then due. VIII. MISCELLANEOUS PROVISIONS A. This Agreement is governed by the laws of the State of Texas and venue shall lie in Tarrant County, Texas. 7 B. The Client and the Landscape Architect respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party, to this Agreement and to the partners, successors, assigns, and legal representatives of such party with respect to all covenants of this Agreement. Neither the Client nor the Landscape Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. IX. IDENTIFICATIONS All documents provided under this Agreement and all materials released for publication or public relations shall be identified with the following legend: NEWMAN, JACKSON, BIEBERSTEIN, INC. LANDSCAPE ARCHITECTS AND PLANNERS During construction activities, a sign supplied and erected by the Landscape Architect and bearing the aforementioned legend, may be displayed at the project site for the duration of the construction activity. If an overall project sign is constructed by the contractor for the Owner, the same legend above may be substituted for an independent project sign. X. STATEMENT OF JURISDICTION The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects in Texas. Texas Board of Architectural Examiners 333 Guadalupe, Suite2-350 Austin, TX 78701-3942 Phone (512)305-9000 Fax (512) 305-8900 XI. ADDITIONAL SERVICES If any of the following additional services are authorized in writing by the Client, they will be paid for by the Client as provided for in Article V. above. A. Revising drawings, specifications or other documents previously approved to accomplish changes requested by the Client; B. Assisting the Client in arranging for the work to proceed should the Contractor default due to delinquency or insolvency; C. Providing prolonged administration of construction contract should the construction contract time be exceeded by more than sixty (60) days through no fault of the Landscape Architect; 8 D. Preparing record drawings showing construction changes in work or final locations of irrigation equipment, mechanical, or electrical service lines and outlets; E. Providing on-site surveying, project staking or field verifications; F. Preparing presentation models or renderings beyond those described in Basic Services; G. Providing engineering services for water feature/fountain hydraulic design beyond those services provided at no cost by a manufacturer's representative; H. Attendance at meetings beyond those stipulated under Basic Services; I. Other items not specifically covered in the scope of Basic Services; J. Platting services related to McPherson Park. This Agreement entered as of the date written below by Client. AGREED: AGREED: Newman, Jackson, Bieberstein, Inc. 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" ;7 -, --.:/. ',:' : ,::-,." .' '1'L~'-.~'[IEl"::, ',- '-11 / "Il~,. I, . il.' . ,./...,. "",,'~" ,,",-~~~;0.,,-;:~~~ . ~ / :,'"7'fl~i~.(;j'~ 1 . r-" --:-,::-",~~~-;:>--::--'=-_;-. :'0~c- !.~-:_-'-) -~-- -:, ' , /~~-~. 1 _ _ _~3 II f I ~l':-~ t --J::!.:..- " ',=-'~""----~ ~- - ~ -- ~"'~4-!--=--'----"'=-4-=~-~~~- ~ "I , ~-- . _ _ :l'<.:.:..-;-r . .... ~ ,~~ ''- '') ~ - .......--_-;;:..---~:-r ~'-1-::'--'..'..t~:'::"~-~.L-4~~:.\.--~-"r- ~-~. .L- ~.:~ l. ....._~ '( I , _~~n~__~_~--=-'''~--=__ - ~'~ '- ~~~ ~~:- ,~-:~~--~ ..-,~-'" JIII!'-.;;~~ -:. -~~~ ...:._~ ~ ) , , , McDonwell School Road .'1'. I \ II McP11erso11 Park Master Pla11 ~- CiLy or Colkyville, Texas Exhibit B List of Park Components Covered by this Scope of Services Task Prel. Des CD S/CO Grading Parking Area and Enrty Road X X X Pedestrian Paving X X X Pond X X X Landscape and Open Space Areas X X X Paving Parking Area and Entry Road X X X Pedestrianways and walks X X X Trails X X X Site Construction Site Retaining Walls X X X Park Structures and Picnic Pavilions X X X Restrooms X X X Playground Areas X X X Playground Equipment* X X X Drinking Fountains X X X Steps / Ramps X X X Multi-use Courts X X X Terraces X X X Seatwalls X X X Sand Volleyball X X X Bollards X X X Placement of Log Barn X 0 0 Park Identification Graphics X X X Lighting Pedestrian X X X Pavilion Lighting (Interior) X X X Parking Area and Entry Road X X X Park ID Sign X X X Tree X X X Site Furnishings Benches X X X Picnic Tables X X X Trash Receptacles X X X Utilities Water X X X Sanitary Sewer X X X Storm Sewer (inlets and pipe) X X X Electrical X X X Irrigation X X X Planting Exterior X X X *Equipment Layouts by Equipment Manufacturer Exhibit B List of Park Components Covered by this Scope of Services Task Prel. Des CD S/CO Grading Parking Area and Enrty Road X X X Pedestrian Paving X X X Pond X X X Landscape and Open Space Areas X X X Paving Parking Area and Entry Road X X X Pedestrianways and walks X X X Trails X X X Site Construction Site Retaining Walls X X X Park Structures and Picnic Pavilions X X X Restrooms X X X Playground Areas X X X Playground Equipment* X X X Drinking Fountains X X X Steps / Ramps X X X Multi-use Courts X X X Terraces X X X Seatwalls X X X Sand Volleyball X X X Bollards X X X Placement of Log Barn X 0 0 Park Identification Graphics X X X Lighting Pedestrian X X X Pavilion Lighting (Interior) X X X Parking Area and Entry Road X X X Park ID Sign X X X Tree X X X Site Furnishings Benches X X X Picnic Tables X X X Trash Receptacles X X X Utilities Water X X X Sanitary Sewer X X X Storm Sewer (inlets and pipe) X X X Electrical X X X Irrigation X X X Planting Exterior X X X *Equipment Layouts by Equipment Manufacturer Project Expenses CADD Plots (ea) Bond ea 50 $ 9.00 $ 450.00 Vellum ea 45 $ 12.00 $ 540.00 Color ea 10 $ 27.00 $ 270.00 Reproduction $ Prints sheet 200 $ 3.00 $ 600.00 Reproducibles (Sheet) sheet 32 $ 35.00 $ 1,120.00 Digital Scanning ea 2 $ 50.00 $ 100.00 Digital Blowbacks sf $ 12.00 $ Postage ea 50 $ 0.50 $ 25.00 Courier ea 10 $ 30.00 $ 300.00 Photocopies sheet 3000 $ 0.15 $ 450.00 Color Photocopies sheet 15 $ 1.50 $ 22.50 Facsimile transmissions ea 22 $ 3.00 $ 66.00 TDLR Review Fee ea 1 $ 600.00 $ 600.00 TDLR filing Fee ea 1 $ 175.00 $ 175.00 Mileage mi 900 $ 0.49 $ 436.50 Total Estimate $ 5,155.00 Exhibit "C" NJB Fee Proposal Summary Sheet McPherson Park. Colleyville Task NJB, Inc. BDD Irritech Byron Folse Total Pre-design $ 3,490.00 $ 3,490.00 Preliminary Design $ 27,160.00 $ 4,000.00 $ 5,950.00 $ 37,110.00 Construction Documents $ 31,570.00 $ 15,500.00 $ 2,500.00 $ 6,800.00 $ 56,370.00 Bidding and Construction Administration $ 10,080.00 $ 1,500.00 $ 4,250.00 $ 15,830.00 Sub-total Basic Phase Two Services $ 72,300.00 $ 21,000.00 $ 2,500.00 $ 17,000.00 $ 112,800.00 Allowance for Project expenses $ 5,155.00 $ 1,000.00 $ 750.00 $ 6,905.00 Total BasicServices $ 77,455.00 $ 22,000.00 $ 2,500.00 $ 17,750.00 $ 119,705.00 _,,_^,_,~~,-~_,----_,_,_---,"---_,,_._.,-~,_-'.__._'-"-'.~-",~--'--~'- ". ~ "- co p~ - 0 ;e ~ .s::. Q) )(J: wa.. (,) ~ tl ~..):l... II llf--> ~i~ -",,$,: ZIi:C ::;;w;o::: i 0 0 c:i CJl '<t ~ ffl 0 0 I c:i l{) 0 ffl ffl 0 0 I ui (') 0 ffl ffl 0 0 0 0 l{) 0 CXl l{) '<t CXl'<t'<tCXl'<t N l{). ffl ffl 0 0 I ui CXl 0 ffl ffl 0 0 0 0 0 c:i l{) (') l{) N'<t'<t~'<t CJl. ffl ffl I 6 fa ..~.. ;E I. .,.,~., "u'. 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'- liiBO -<Il.o ~cc.5 :; ~~2 o '- 0 I ~~ lii (1) 0 oro~ I-CC-l N m ~ lii m 0 0.. 0 a:: CIl (1) CIl (1) U. LL Ul .><: CIl to (.) ll.. .~ e CI) 0 (/) m Q; .!:! .r:. Ul ll.. III U !Xl ::2: iij - 0 0 l- ii ~ w COLLEYVILLE ECONOMIC DEVELOPMENT COPRORATION ECONOMIC DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM FY 2006 - FY 2010 FISCAL YEAR BEGINNING FUND BALANCE R~~NY.~#:LH:/H?:-:-: .... :<::;:::::-:::::::;:::::' ,':':'" PROJECTED 1/2 CENT SALES TAX REVENUE INTEREST INCOME 2005 BOND SALE PROCEEDS USE OF AVAILABLE CASH TOTAL REVENUES . . . . . EXm~N~qW,il~E,S:::::, : OPERATING: .:.:.:.;.;.:.:.:.:" " .' " ........................... ....................... .. . . . . . . . . . . . . ADMINISTRATIVE 2005 DEBT SERVICE & 1,4 TIMES COVERAGE 1997 DEBT SERVICE & 1.4 TIMES COVERAGE 2000 DEBT SERVICE & 1.4 TIMES COVERAGE MARKETING CAPITAL: ADA IMPROVEMENTS NATURE CENTER PARK SPARGER PARK COLLEYVILLE CENTER CHAIR REPLACEMENT MC PHERSON PARK Phase I Phase I (Bond Sale Proceeeds) Phase II CITY PARK ROAD EXTENSION PLEASANT RUN PRACTICE FIELD PARKING LOT PARK LAND PURCHASE (Bond Sale Proceeds) SENIOR CENTER FACILITY (Bond Sale Proceeds) FF&EAND RENOVATIONS OPEN AREA DEVELOPMENT CITYWIDE IRRIGATION MONITORING SYSTEM CITYWIDE TRAIL SYSTEM GRANT MATCH TRAIL CONSTRUCTION TOTAL EXPENDITURES EXCESS REVENUES OVER EXPENDITURES ADD BACK.4 TIMES BOND COVERAGE RATIO ENDING FUND BALANCE PROJECTED 2005 $949,709 $944,932 $15.435 $0 $0 $960,367 $5,000 $0 $665,606 $179.549 $0 $0 $0 $36,000 $0 $35,000 $0 $0 $0 $0 $921,155 $39,213 $241,473 $1,230,394 2006 $1,230,394 $963,831 $36,912 $2,000,000 $777,357 $3,778,099 $5,000 $900,099 $0 $0 $80,000 $95,000 $0 $0 $0 $0 $0 $0 $0 $0 $238,000 $400,000 $0 $130,000 $50,000 $400,000 2007 $710,209 $1,002,384 $21,306 $0 $299,223 $1,322,912 $5,000 $904,913 $0 $0 $80,000 $0 $125,000 $0 $0 $0 $108,000 $0 $0 $100,000 $1,322,913 $0 $258,547 $669,533 2008 $669,533 $1,042,479 $20,086 $0 $302.453 $1,365,018 $5,000 $910,018 $0 $0 $80,000 $0 $0 $0 $0 $0 $0 $300,000 $70,000 $1,365,018 $0 $260,005 $627,086 2009 $627,086 $1,084,178 $18,813 $0 $382.482 $1.485.473 $5,000 $900.473 $0 $0 $80,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $500,000 $0 $0 $0 2010 $501,883 $1,127,545 $15,056 $0 $247,204 $1,389,806 $5,000 $904,806 $0 $0 $80,000 $0 $0 $0 $0 $0 $0 $1,200,000 $150,000 $0 $50,000 $0 $80,000 $3,778,099 $0 $257,171 $710,209 $0 $0 $0 $0 $0 $0 $1.485.473 $0 $257,278 $501,883 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $300,000 $0 $0 $100,000 $1,389,806 $0 $258,516 $513,195 ASSUMPTIONS: FY 2006: 1/2 OF CITY SALES TAX BUDGET PROJECTION / FY 2007 - 2010: 4% GROWTH DUE TO COLLEYVILLE BLVD,CONSTRUCTION .,.._........._.,.........,__.~......_._.._.~___"..._'~_~M~._...,~_..__~_..'_,...~__.'~_.._~~.._ --~,.".- CITY COUNCIL City or CCe", AGENDA BRIEFING jl~:\~$ 10/04/05 CITY MANAGER , ~ MEETING DATE: ( ITEM#: 4c DEPARTMENT HEAD i'~ RESOLUTION # : R-05-2604 FINANCE REVIEW! Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Approval of FY2006 Agency Agreements including the Arts Council of Northeast Tarrant County, Alliance for Children, Women's Haven, Colleyville Heritage High School (CHHS) Project Graduation, Grapevine High School (GHS) Project Graduation, Keller High School (KHS) Project Graduation, Metroport Meals on Wheels (MMOW), Mental Health, Mental Retardation of Tarrant County, Grapevine Relief and Community Exchange (GRACE), The Women's Shelter and Special Needs Assistance Partners (SNAPS), Trinity Railway Express (TRE) Regional Mobility Interlocal Cooperation Agreement and authorize the City ManaQer to siQn the agreements - bv Consent Reading and Public Hearing During each budget cycle, the City Council receives funding requests from area agencies for consideration of contracts for services. The FY2006 budget allocates funding, in exchange for services, to the following agencies: Arts Council of Northeast Tarrant County Alliance for Children Women's Haven Colleyville Heritage High School Project Graduation Grapevine High School Project Graduation Keller High School Project Graduation Metroport Meals on Wheels (MMOW) Mental Health, Mental Retardation of Tarrant County Grapevine Relief and Community Exchange (GRACE) The Women's Shelter Special Needs Assistance Partners (SNAPS) Trinity Railway Express (TRE) Financial Impact Monies are available in the FY2006 budget. $ 7, 1 00 $ 3,500 $ 500 $ 1,000 $ 1,000 $ 200 $10,000 $ 1,000 $ 1,200 $ 500 $ 1,000 $11,759 Agenda Briefing Resolution R-05-2604 Page 2 of 2 Recommendation Approval Attachments . Arts Council of Northeast Tarrant County Agreement . Alliance for Children Agreement . Women's Haven Agreement . Colleyville Heritage High School Project Graduation Agreement . Grapevine High School Project Graduation Agreement . Keller High School Project Graduation Agreement . Metroport Meals on Wheels (MMOW) Agreement . Tarrant Youth Recovery Campus Agreement . Grapevine Relief and Community Exchange (GRACE) Agreement . The Women's Shelter Agreement . Special Needs Assistance Partners (SNAPS) Agreement . Trinity Railway Express (TRE) Regional Mobility Interlocal Cooperation Agreement CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND ARTS COUNCIL OF NORTHEAST TARRANT COUNTY This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Arts Council of Northeast Tarrant County (hereinafter referred to as "Arts Council"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage Arts Council, acting by and through its duly authorized City Manager, to promote, support and facilitate cultural opportunities within the communities of Northeast Tarrant County. B. Arts Council is a non-profit organization, as defined in Section 509 (a) of the Internal Revenue Code, operating in the Metroport area, acting by and through its daily authorized President. Arts Council has the resources and experience to promote, support and facilitate cultural opportunities within the communities of Northeast Tarrant County. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages Arts Council, and Arts Council agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30,2006. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of ARTS COUNCIL. The Arts Council will provide a quarterly report detailing the agency's service to the community, with emphasis on the service provided to Colleyville residents. Additionally, prior to the City releasing payment, the Arts Council must provide documentation for the expended amount. Additionally, a copy of all agreements must be provided to the City prior to release of payment. Arts Council agrees to provide the following programs: Masterworks Music Series Arts Council and the City will work with the Colleyville Parks and Recreation Department to provide for free concerts to Colleyville citizens. The City will provide the location and promotion through newsletter and cable service. Arts Council will provide entertainment, promotion in newspapers and media, and brochures. Monthly Calendar of Events The City will provide funding assistance for the monthly calendar of events and support the promotion of events in Northeast Tarrant County, inclusive of 9,000 copies, which are produced and distributed to over 180 locations, all schools, parks and recreation, libraries, city halls, businesses, etc. 5. Duties of the City. For Arts Council's services, the City agrees to pay $7,100 to Arts Council upon the execution of this agreement by both parties. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of 2005. City of Colleyville By: Bill Lindley City Manager By: Karin Newell Arts Council of Northeast Tarrant County (Arts Council) President CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND ALLIANCE FOR CHILDREN This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and the Alliance For Children (hereinafter referred to as the "Alliance"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Alliance to provide child-centered services in cases of abuse, acting by and through its duly authorized City Manager. B. The Alliance is a non-profit organization with the resources and experience to deliver child-centered services in cases of abuse, or suspected abuse, acting by and through its duly authorized Executive Director. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Alliance, and the Alliance agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2006. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Alliance. The Alliance will provide a self-contained, child-centered environment where abused children and their families can go for evaluation, crisis intervention, evidence gathering medical assessment and counseling. The Alliance will provide an environment in which law enforcement, district attorneys and caseworkers can investigate abuse without subjecting child victims to repeated interviews. The Alliance shall also provide emotional trauma treatment and advocacy services for child victims. The Alliance will also provide a quarterly report detailing the agency's service to the community, with emphasis on the service provided to Colleyville residents. Additionally, prior to the City releasing payment, the Alliance must provide documentation (i.e. invoices, receipts) for the expended amount. Additionally, a copy of the agency bylaws must be provided to the City prior to release of payment. 5. Duties of the City. For the Alliance's services, the City agrees to pay $3,500 to the Alliance upon the execution of this agreement by both parties. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of 2005. City of Colleyville By: Bill Lindley City Manager Alliance For Children By: Nancy Hagan Executive Director CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND WOMEN'S HAVEN This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Women's Haven (hereinafter referred to as the "Haven"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Haven, acting by and through its duly authorized City Manager, to provide a place of safety for victims of domestic violence. 8. The Haven is a non-profit organization with the resources and experience in social services to provide the required services. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Engagement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Haven, and the Haven agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30,2006. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Haven. The Haven agrees to operate a 24-hour emergency shelter. The Haven will also provide a quarterly report detailing the agency's service to the community, with emphasis on the service provided to Colleyville residents. Additionally, prior to the City releasing payment, the Haven must provide documentation (i.e. invoices, receipts) for the expended amount. Additionally, a copy of the agency bylaws must be provided to the City prior to release of payment. 5. Duties of the City. For the Haven's services, the City agrees to pay $500 to the Haven upon the execution of this agreement by both parties. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of 2005. City of Colleyville By: Bill Lindley City Manager Women's Haven of Tarrant County By: Sonyia Hartwell Associate Executive Director CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND COLLEYVILLE HERITAGE HIGH SCHOOL PROJECT GRADUATION CELEBRATION This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Project Graduation Celebration (hereinafter referred to as the "Project"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Project to arrange an alcohol- and drug-free social event for the graduating seniors of Colleyville Heritage High School and their guests in order to promote a safe environment for our youth and reduce the need for law enforcement actions. B. The Project has successfully sponsored this event over several years and has expressed its intent to continue its efforts. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Engagement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Project, and the Project agrees to be engaged by the City, to perform the services described below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on July 1, 2006. 3. Termination. Either party may terminate this agreement by notice in writing to the other party In the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Proiect. The Project agrees to provide an alcohol and drug free social event to be held in conjunction with the Colleyville Heritage High School graduation in the spring of 2006, open to participation by Colleyville Hentage High School graduating seniors and their guests. The Project will provide the location, refreshments, chaperones and all other required arrangements. The Project will provide the City with a written report of the event expenditures, the number of youth attending and a general evaluation of its impact on creating a safe environment for the youth of the community. The Project will also provide a quarterly report detailing the agency's service to the community, with emphasis on the service provided to Colleyville residents. Additionally, prior to the City releasing payment, the Project must provide documentation (Le. invoices, receipts) for the expended amount. Additionally, a copy of the agency bylaws must be provided to the City prior to release of payment. 5. Duties and Obliaations of the City. For the Project's services, the City agrees to pay a lump sum of $1,000 to the Project within thirty days of execution of this agreement. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Colleyville, Texas, this day of 2005. City of Colleyville By: Bill Lindley City Manager Project Graduation Celebration By: An n Lee Colleyville Heritage High School Treasurer CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND GRAPEVINE HIGH SCHOOL PROJECT GRADUATION CELEBRATION This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Project Graduation Celebration (hereinafter referred to as the "Project"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Project to arrange an alcohol- and drug-free social event for the graduating seniors of Grapevine High School and their guests in order to promote a safe environment for our youth and reduce the need for law enforcement actions. B. The Project has successfully sponsored this event over several years and has expressed its intent to continue its efforts. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Project, and the Project agrees to be engaged by the City, to perform the services described below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on July 1, 2006. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Proiect. The Project agrees to provide an alcohol and drug free social event to be held in conjunction with the Grapevine High School graduation in the spring of 2006, open to participation by Grapevine High School graduating seniors and their guests. The Project will provide the location, refreshments, chaperones and all other required arrangements. The Project will provide the City with a written report of the event expenditures, the number of youth attending and a general evaluation of its impact on creating a safe environment for the youth of the community. The Project will also provide a quarterly report detailing the agency's service to the community, with emphasis on the service provided to Colleyville residents. Additionally, prior to the City releasing payment, the Project must provide documentation (i.e. invoices, receipts) for the expended amount. Additionally, a copy of the agency bylaws must be provided to the City prior to release of payment. 5. Duties and Obliaations of the City. For the Project's services, the City agrees to pay a lump sum of $1,000 to the Project within thirty days of execution of this agreement. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Colleyville, Texas, this day of 2005. City of Colleyville By: Bill Lindley City Manager Project Graduation Celebration By: Linda Betts Grapevine High School Treasurer CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND KELLER HIGH SCHOOL PROJECT GRADUATION CELEBRATION This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Project Graduation Celebration (hereinafter referred to as the "Project"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Project to arrange an alcohol- and drug-free social event for the graduating seniors of Keller High School and their guests in order to promote a safe environment for our youth and reduce the need for law enforcement actions. B. The Project has successfully sponsored this event over several years and has expressed its intent to continue its efforts. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Project, and the Project agrees to be engaged by the City, to perform the services described below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on July 1, 2006. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Pro~ect. The Project agrees to provide an alcohol and drug free social event to be eld in conjunction With the Keller High School graduation In the spring of 2006, open to participation by Keller High School graduating seniors and their guests. The Project will provide the location, refreshments, chaperones and all other required arrangements. The Project will provide the City with a written report of the event expenditures, the number of youth attending and a general evaluation of its impact on creating a safe environment for the youth of the community. The Project will also provide a quarterly report detailing the agency's service to the community, with emphasis on the service provided to Colleyville residents. Additionally, prior to the City releasing payment, the Project must provide documentation (i.e. invoices, receipts) for the expended amount. Additionally, a copy of the agency bylaws must be provided to the City prior to release of payment. 5. Duties and Obligations of the Ci~. For the Project's services, the City agrees to pay a lump sum of $200 to the roject within thirty days of execution of this agreement. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Colleyville, Texas, this day of 2005. City of Colleyville By: Bill Lindley City Manager Project Graduation Celebration By: Dana Shumake Keller High School Project Graduation CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND METROPORT MEALS ON WHEELS This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Metroport Meals on Wheels (hereinafter referred to as the "MMOW"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage MMOW to provide delivery of hot meals and a bi-monthly community luncheon and activity program to the seniors of Colleyville and others referred by the City, acting by and through its duly authorized City Manager. B. MMOW is a non-profit organization operating in the Metroport area as an organization described in section 501 3 c) of the Internal Revenue Code, acting by and through its daily authorized Executive Director. MMOW has the resources and experience in meal delivery and social services to provide the required services. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages MMOW, and MMOW agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2006. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the MMOW. MMOW agrees: a) To continue to organize the volunteers to deliver hot meals to homes of seniors Monday through Friday, and once a month on Saturday. b) To continue to order necessary meals and to cover the costs of said meals. c) To continue to subsidize the meals of the seniors that cannot pay for them. Because MMOW is independent of federal and United Way funds, this is accomplished primarily through fund raising activities and community donations. d) To continue a bi-monthly Senior Luncheon and Activity Program in Colleyville, which will be held at the Colleyville Center. This service is provided for active seniors that want to meet at a congregate site and have bi-monthly activities. MMOW shall provide the following services: part time Program Director, meal expense for seniors, who are unable to pay for them, crafts and supplies and administrative support. e) To track program statistics of the number of people served and costs involved, and to provide a monthly report to the Colleyville Parks and Recreation Department by the 15th of each month. f) To work with the Colleyville Parks and Recreation Department to publicize and promote programs for seniors. g) To maintain a database of Colleyville Seniors for mailing labels and any other purposes associated with senior activities. h) MMOW will make available to the City all books and records kept in incident to services provided by MMOW to the City. The MMOW will also provide a quarterly report detailing the agency's service to the community, with emphasis on the service provided to Colleyville residents. Additionally, prior to the City releasing payment, the MMOW must provide documentation (i.e. invoices, receipts) for the expended amount. Additionally, a copy of the agency bylaws must be provided to the City prior to release of payment. 5. Duties of the City. For the MMOW's services, the City agrees to pay $5,000 by March 31,2006 and $5,000 by September 30,2006. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of 2005. City of Colleyville Metroport Meals on Wheels By: By: Bill Lindley City Manager Mary King Executive Director CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND MENTAL HEALTH, MENTAL RETARDATION OF TC This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Tarrant Youth Recovery Campus. (hereinafter referred to as "Campus"). RECITALS: A. The City is a Charter municipality in the State of Texas. The City desires to engage Tarrant Youth Recovery Campus to provide substance abuse assistance, acting by and through its duly authorized City Manager. B. Campus is a substance abuse facility opened to serve our community's youth, which suffer from the disease of addition, acting by and through its duly authorized Program Director. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Engagement. Upon and subject to the terms and conditions of this agreement, the City hereby engages Campus, and Campus agrees to be engaged by the City, to perform the services described below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2006. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of Campus. To provide a substance abuse facility for our community's youth, who suffer from the disease of addiction. The Campus will also provide a quarterly report detailing the agency's service to the community, with emphasis on the service provided to Colleyville residents. Additionally, prior to the City releasing payment, the Campus must provide documentation (i.e. invoices, receipts) for the expended amount. Additionally, a copy of the agency bylaws must be provided to the City prior to release of payment. 5. Duties of the City. To provide $1,000 for above stated services for one year. 6. Amendment. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of 2005. City of Colleyville By: Bill Lindley City Manager Tarrant Youth Recovery Campus By: Stevie Hansen Chief of Addiction Services CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND GRAPEVINE RELIEF AND COMMUNITY EXCHANGE (GRACE) This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and Grapevine Relief and Community Exchange (hereinafter referred to as the "GRACE"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the GRACE, acting by and through its duly authorized City Manager, to provide programs and services for those in need within the community. B. The GRACE is a non-profit organization with resources and experience to provide for Colleyville residents in need of food, clothing, and other emergency assistance. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the GRACE, and the GRACE agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2006. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties ofthe GRACE. The Grace will provide food, clothing, and other emergency assistance to residents of Grapevine, Colleyville, South lake, and Euless who are in need. The GRACE will also provide a quarterly report detailing the agency's service to the community, with emphasis on the service provided to Colleyville residents. Additionally, prior to the City releasing payment, the GRACE must provide documentation (i.e. invoices, receipts) for the expended amount. Additionally, a copy of the agency bylaws must be provided to the City prior to release of payment. 5. Duties of the City. For the GRACE's services, the City agrees to pay $1 ,200 to the GRACE upon the execution of this agreement by both parties. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of 2005. City of Colleyville By: Bill Lindley City Manager Grapevine Relief and Community Exchange By: Amy Shepperd Grant Writer CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND THE WOMEN'S SHELTER This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and The Women's Shelter (hereinafter referred to as the "Shelter"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Shelter, acting by and through its duly authorized City Manager, to provide a place of safety for victims of domestic violence. B. The Shelter is a non-profit foundation, as defined in Section 509 (a) of the Internal Revenue Code, operating in the Metroport area, acting by and through its daily authorized Executive Director. The Shelter has the resource and experience in social services to provide the required services. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the Shelter, and the Shelter agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2006. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the Shelter. The Shelter agrees to provide Colleyville residents through SURVIVE, counseling, case management services in Northeast Tarrant County, residential services to adult and child victims of domestic violence, and/or educational programs for all citizens. The Shelter will also provide a quarterly report detailing the agency's service to the community, with emphasis on the service provided to Colleyville residents. Additionally, prior to the City releasing payment, the Shelter must provide documentation (i.e. invoices, receipts) for the expended amount. Additionally, a copy of the agency bylaws must be provided to the City prior to release of payment. 5. Duties of the City. For the Shelter's services, the City agrees to pay $500 to the Shelter upon the execution of this agreement by both parties. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of 2005. City of Colleyville By: Bill Lindley City Manager The Women's Shelter By: Mary Lee Hafley Executive Director CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND SPECIAL NEEDS ASSISTANCE PARTNERS This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and the Special Needs Assistance Partners (SNAP), Inc (hereinafter referred to as the "SNAP"). RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage the Alliance to provide child-centered services in cases of abuse, acting by and through its duly authorized City Manager. B. The SNAP is a non-profit organization with the resources and experience to create and help maintain a coordinated system of community supports in Northeast Tarrant County for individuals with cognitive disabilities. In consideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: 1. Enaaaement. Upon and subject to the terms and conditions of this agreement, the City hereby engages the SNAP, and the SNAP agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on September 30, 2006. 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4. Duties of the SNAP. SNAP agrees to perform those activities associated with providing housing, transportation, and other needs to those with cognitive disabilities and their families, as well as fund a Support Coordinator position and an Executive Director. The SNAP will also provide a quarterly report detailing the agency's service to the community, with emphasis on the service provided to Colleyville residents. Additionally, prior to the City releasing payment, the SNAP must provide documentation (i.e. invoices, receipts) for the expended amount. Additionally, a copy of the agency bylaws must be provided to the City prior to release of payment. 5. Duties of the City. For the SNAP's services, the City agrees to pay $1,000 to the SNAP upon the execution of this agreement by both parties. 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of 2005. City of Colleyville By: Bill Lindley City Manager Special Needs Assistance Partners By: Rita Goodner President INTERLOCAL COOPERATION AGREEMENT Between THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and THE CITY OF COLLEYVILLE for OPERATION OF COMMUTER RAIL SERVICE WHEREAS, the North Central Texas Council of Governments (NCTCOG) and the Regional Transportation Council (RTC) have actively worked to implement commuter rail service in the area and facilitate the contribution by cities that are not members of a Transportation Authority to the operational costs of commuter rail services; and, WHEREAS, the Regional Transportation Council Trinity Railway Express (TRE) Monitoring Subcommittee was appointed by the RTC to meet on an as-needed basis to monitor policy issues related to the TRE service and the collection of operating funds for the service; and, WHEREAS, it would be beneficial to the citizens of the City of Colleyville to have access to commuter rail service connecting the Cities of Dallas and Fort Worth with each other and with Dallas-Fort Worth International Airport to relieve traffic congestion, provide transportation opportunities, and aid in attaining federal air quality standards; and, WHEREAS, pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, Dallas Areas Rapid Transit (hereinafter referred to as "DART") and the Fort Worth Transportation Authority (hereinafter referred to as "the T"), both metropolitan transportation authorities created and existing pursuant to Chapter 452 of the Texas Government Code (hereinafter referred to jointly as the "Transportation Authorities"), may exercise jointly the power to provide governmental services for the public health, safety, and welfare; and, WHEREAS, pursuant to Article 1182k, Texas Revised Civil Statutes, all railroad-related activities by public agencies, separately or jointly exercised, are public and governmental functions for the public purpose and necessity; and, WHEREAS, the Transportation Authorities have entered into an Interlocal Cooperation Agreement to define their respective rights and responsibilities regarding the provision of commuter rail service along the Trinity Railway Express Corridor and have begun commuter rail service as the Trinity Railway Express; and, WHEREAS, NCTCOG and the City of Colleyville desire to enter into an agreement to define their respective rights and responsibilities regarding cost sharing for the operation of the Trinity Railway Express; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: Interlocal Agreement Page 1 of 8 Article 1. DEFINITIONS: 1.1 "Commuter rail service" means operating passenger trains for commuters by, or under the control of, the Transportation Authorities. 1.2 "Capital improvement" means any addition to the asset base of either Transportation Authority (1) for the sole benefit of and utilization by the commuter rail service, or (2) representing the proportionate share of joint facilities benefiting, or utilized on behalf of, Commuter Rail Service. 1.3 "Maintenance of way" means the labor, material, tools, and equipment required to maintain all aspects of the railroad tracks, structures, signals, and communications in the TRE Corridor. 1.4 "Boards" means the Board of Directors of DART and the T. 1.5 "Best efforts" means one party's use of all reasonable exertions to fulfill the obligations of that party under this Agreement. It does not mean an obligation to attempt to fulfill the obligations of any other party. 1.6 "Capital costs" means the costs to plan, engineer, design, purchase, and construct the facilities, equipment, and systems for the commuter rail service that may be depreciated in accordance with standards set by the Federal Accounting Standards Board. 1.7 "Operational costs" means any cost of operating the TRE that is not a "capital cost." Article 2. ORGANIZATIONAL RELATIONSHIPS: 2.1. North Central Texas Council of Governments and Reqional Transportation Council: The North Central Texas Council of Governments (hereinafter referred to as "NCTCOG") is the Metropolitan Planning Organization for the North Central Texas region including Dallas, Fort Worth, and the City of Colleyville. The North Central Texas Council of Governments is authorized by law to conduct coordinating and technical studies as may be required to guide the unified development of the area, eliminate duplication, and promote economy and efficiency through areawide planning. The Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be a forum for cooperative decisions on transportation and is charged with the responsibility of preparing and maintaining the Metropolitan Transportation Plan and Transportation Improvement Program for the Dallas-Fort Worth Metropolitan Area in accordance with applicable federal regulations. Interlocal Agreement Page 2 of 8 2.2 Trinity Railway Express MonitorinQ Subcommittee: The Trinity Railway Express Monitoring Subcommittee (TREMS) was created by the RTC to monitor and advise on the provision of commuter rail services by TRE between the cities of Dallas and Fort Worth. 2.3 Trinity Railway Express Advisory Committee: DART and the T created the Trinity Railway Express Advisory Committee (TREAC) to assist the Boards on policy, budget issues, and service levels for TRE. A non-voting representative from the Trinity Railway Express Monitoring Subcommittee shall be nominated by the subcommittee and appointed by the Regional Transportation Council to the Trinity Railway Express Advisory Committee. Notice of all TRE Advisory Committee meetings, agendas, and copies of supporting materials shall be provided to the TRE Monitoring Subcommittee representative appointed by the RTC to the TRE Advisory Committee. 2.4 Companion AQreements: NCTCOG will enter into companion agreements with the cities identified in Attachment 1 . NCTCOG will also enter into a companion agreement with the Fort Worth Transportation Authority and Dallas Area Rapid Transit to disburse the funds collected by NCTCOG from the cities listed in Attachment 1, including the City of Colleyville. Article 3. OPERATIONS AND MAINTENANCE: 3.1 Service Schedules: Service levels shall be determined by the Transportation Authorities. 3.2 Service Quality: The Transportation Authorities shall develop and establish the procedures to implement and ensure that the highest possible quality of service, consistent with the budget, is provided. 3.3 The City of Colleyville or TREMS may suggest or request changes or additions to the service schedules at any time, but such requests should be made during the formation of the annual TRE operating budget and should be addressed to the Director, TRE or brought to the TREAC by the representative appointed pursuant to paragraph 2.3 above. Interlocal Agreement Page 3 of 8 Article 4. COST SHARING FOR CONTINUING OPERATIONS: 4.1 General: The parties recognize that the commuter rail service contemplated under this Agreement will create ongoing costs for operation of the service and maintenance of the assets used in its provision, as well as other recurring expenses. Such costs include compensation of Trinity Railway Express staff employed or contracted by the Transportation Authorities. 4.2 Starting in first fiscal 2005 and continuing for the duration of this Agreement, the cities participating in this cost sharing process agree to pay a fixed amount of approximately $721,000 annually to provide the operating funds outlined above. 4.3 The city allocation of costs will be based on the allocation shown in Attachment 1 and will remain fixed during the contract period. 4.4 The parties agree that the City of Colleyville will contribute its share of the costs, as outlined in Attachment 1, for FY 2005, FY 2006, and FY 2007. Notwithstanding the foregoing, the parties herein also recognize that the continuation of any contract or agreement after the close of any given fiscal year of the City of Colleyville shall be subject to Colleyville City Council approval. 4.5 The City of Colleyville will make a 50 percent payment at the six-month mark of the appropriate fiscal year with a final payment due at the end of the fiscal year. Article 5. USE OF FUNDS: 5.1 The Parties agree that NCTCOG may use the funds, contributed by the cities as outlined in Attachment 1, to leverage federal funds available to the region to implement regional air quality projects to assist in attainment of the national ambient air quality standards. Article 6. TERM AND TERMINATION: 6.1 Effective Date: The effective date of this Agreement shall be the date on which it is executed by the parties. 6.2 Term: This agreement shall be in effect until September 30, 2007, and may be renewed by written agreement of the parties. Interlocal Agreement Page 4 of 8 6.3 Mutual Termination: The parties may terminate this Agreement by mutual agreement at any time. 6.4 New Transportation Authoritv: In the event any city identified on Attachment 1 joins an existing transportation authority or becomes or forms a new transportation authority with a dedicated source of funding for transit, the obligations under this Agreement for that city shall cease on the day the funding begins. The City's obligation under this agreement shall be transferred to the existing or new transportation authority. Article 7. MISCELLANEOUS PROVISIONS: 7.1 Force Maieure: It is expressly understood and agreed by the parties to this Agreement that, if the performance of any provision of this Agreement is delayed by reason of war, civil commotion, act of terrorism, act of God, governmental restrictions, regulations or interferences, fire or other casualty, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. 7.2 Contractual Relationship: It is specifically understood and agreed that the relationship described in this Agreement between the parties is contractual in nature and is not to be construed to create a partnership or joint venture or agency relationship between the parties. Nor shall any party be liable for any debts incurred by the other party in the conduct of such other party's business or functions. 7.3 Counterparts: This Agreement may be executed in multiple counterparts. Each such counterpart shall be deemed an original of this Agreement, so that in making proof of this Agreement, it shall only be necessary to produce or account for one such counterpart. Interlocal Agreement Page 5 of 8 7.4 Complete Aqreement: This Agreement embodies all of the agreements of the parties relating to its subject matter, supersedes all prior understandings and agreements regarding such subject matter, and may be amended, modified, or supplemented only by an instrument or instruments in writing executed by all of the parties. 7.5 Captions: The captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions. 7.6 Governinq Law and Venue: This Agreement and all agreements entered into in connection with the transactions contemplated by this Agreement are, and will be, executed and delivered, and are intended to be performed in the County of Dallas and the County of Tarrant, State of Texas, and the laws of Texas shall govern the validity, construction, enforcement, and interpretation of this Agreement. In the event of litigation between the parties hereto, their successors or assigns, with regard to this Agreement and any subsequent supplementary agreements or amendments, venue shall lie exclusively in either Tarrant County or Dallas County, Texas. 7.7 Severabilitv: In the event anyone or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforcibility shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the original intent of the parties. 7.8 Chanqed Circumstances: If future federal, State, or local statute, ordinance, regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid, unenforceable, or impractical, the parties agree to delete and/or to modify such portions of the Agreement as are necessary to render it valid, enforceable, and/or practical. Each section, paragraph, or provision of this Agreement shall be considered severable, and if, for any reason, any section, paragraph, or provision herein is determined to be invalid under current or future law, regulation, or rule, such invalidity shall not impair the operation of or otherwise affect the valid portions of this instrument. Interlocal Agreement Page 6 of 8 7.9 Enforcement: If any party initiates an action to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provision hereof, the prevailing party shall be entitled to receive from the other parties all reasonable and necessary costs and expenses, including reasonable attorneys' fees and costs incurred in connection with such action. 7.10 Survival: All of the terms, conditions, warranties, and representations contained in this Agreement shall survive, in accordance with their terms, and shall survive the execution hereof. 7.11 Incorporation of Exhibits and Schedules: All Exhibits and Schedules attached hereto are by this reference incorporated herein and made a part hereof for all purposes as if fully set forth herein. 7.12 Reference: The use of the words "hereof", "herein", "hereunder", and words similar import shall refer to this entire Agreement, and not to any particular section, subsection, clause, or paragraph of this Agreement, unless the context clearly indicates otherwise. 7.13 Further Assurances: Each party agrees to perform any further acts and to sign and deliver any further documents which may be reasonably necessary to carry out the provision of this Agreement. 7.14 Notice: Whenever this Agreement requires or permits any consent, approval, notice, request, proposal, or demand from one party to another, the consent, approval, notice, request, proposal, or demand must be in writing to be effective and shall be delivered to the party intended to receive it at the address(es) shown below: If to NCTCOG North Central Texas Council of Governments Attn: Michael Morris, P.E. Post Office Box 5888 Arlington, Texas 76005-5888 If to the: City of Colleyville Interlocal Agreement Page 7 of 8 7.15 Indemnification: To the exte,nt allowed by Texas law, the City of Colleyville covenants and ~g;~es to indemnify and hold harmless and defend and do hereby indemnify, hold harmless, and defend NCTCOG, from and against negligence claims or lawsuits for damages or Injuries, Including death, to persons or property, whether real or asserted, arising out of any negligent act or omission on the part of the City of Colleyville, their officers, employees, and contractors, related to the performance of this agreement. To the extent allowed by Texas lawj NCTCOG covenants and agrees to indemnify and hold harmless and defend and does hereby indemnify, hold harmless, and defend the City of Colleyville, their officers, employees, and contractors, from and against claims or lawsuits for damages arising out of the performance of this agreement as a result of any negligent act or omission on the part of the NCTCOG, their officers, and employees. IN WITNESS HEREOF, the parties hereto have executed this Agreement in duplicate original on the day of , 2005. CITY OF COLLEYVILLE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Bill Lindley, City Manager R. Michael Eastland, Executive Director APPROVED AS TO FORM: APPROVED AS TO FORM: General Counsel Jerry Gilmore, General Counsel InterlocaJ Agreement. Page 8 of 8 ATTACHMENT 1 ANNUAL COST SHARING ALLOCATION Arlington Bedford Colleyville Euless Grand Prairie Grapevine Haltom City Hurst North Richland Hills $215,496 $94,989 $11,759 $96,977 $63,422 $45,970 $35,186 $89,244 $67.946 $720,989 Interlocal Agreement Attachment 1 CITY COUNCIL ctlf or .~ ;CX'aS AGENDA BRIEFING 10/04/05 I ~.::::> MEETING DATE: CITY MANAGER i ! ITEM # : 4d DEPARTMENT HEAD I ~ K!- RESOLUTION # : R-05-2604 FINANCE REVIEW I Previous Action: None DEPARTMENT: LIBRARY SUBJECT : Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs in the amount of $102,370 - by Consent Reading and Public Hearing Resolution R-03-2237 provides for the Voluntary Library Fund to be used for the purpose of the development and improvement of library programs and services and for approved library programs and capital items, including collection development (books and materials). In preparing the FY2006 Colleyville Public Library budget, there were discussions with the Library Board supporting the use of the Voluntary Library Fund monies for the purchase of collection materials, collection processing supplies and library programs. On September 12, 2005, the Colleyville Library Board unanimously approved the use of the Voluntary Library Fund for the purchase of library collection materials, collection processing supplies and library programs, in an amount not to exceed $102,370. As a follow-up to these discussions, the FY2006 budget provides for the allocation of $102,370 from the Voluntary Library Fund. Financial Impact Funds are available in the Voluntary Library Fund. Recommendation Approval Attachments . Resolution R-03-2237 . Voluntary Library Fund Report RESOLUTION R-03-2237 A RESOLUTION ESTABLlSHIfl.JG THE ALLOWED USES OF THE VOLUNTARY LIBRARY FUND WHEREAS, the mission of the Colleyville Public Library is to provide cultural, educational, intellectual and recreational resources in an inviting environment to enhance the Quality of life for all ages; and WHEREAS, the City of Colleyville can anticipate continued growth in the demand for library programs and services; and WHEREAS, it is the opinion of the City Council that the best interest of the citizens of Colleyville will be served by providing for a VOluntary library fund; and WHEREAS, the City Council has established the Colleyville Public Library Board and this Board shall serve as a recommending body to the City Council for the use of the Voluntary Library Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT a voluntary library fund has been established for the purpose of the development and improvement of library programs and services; and said fund can be used for approved library programs and capital items, including collection development (books and materials) and other items as desired by the City Council; however, said fund will not be used to provide for ongoing library maintenance and operations. Sec. 2. THAT the voluntary library fund is funded through a voluntary donation of one ($1) per month from the citizens of Colleyville. THAT this fee is listed with the Library Donation Fund as a separate entry on the Colleyville residents' water bills and is in all ways strictly voluntary . Sec. 3. AND SO IT IS RESOLVED. PASSED BY A VOTE OF .r AYES, ~NAYS AND -'LABSTENTIONS ON THIS THE~DAYOF t!)~ 2003. Resolution R-03-2237 Page 2 of 2 ATTEST: .cyt]n~~~ City Secretary FINANCIAL STATUS OF VOLUNTARY LIBRARY FUND AT 8-31-2005 FUND BALANCE AT 9-30-2003: $312,086 FY 2005 REVENUE Donations: PROJECTED ACTUAL October $5,243 $5,243 November $5,498 $5,498 December $4,803 $4,803 January $6,269 $6,269 February $5,225 $5,225 March $5,576 $5,576 April $5,310 $5,310 May $5,649 $5,649 June $5,545 $5,545 July $5,489 $5,489 August $5,470 $5,731 September $5,485 $0 Total Donations $65,562 $60,338 Interest income Received $5,413 $5,413 TOTAL $70,975 $65,751 FY 2005 EXPENDITURES RECOMMENDED (BOARD) APPROVED (COUNCIL) EXPENDED ------- ------- BOOKS AND PROCESSING MATERIALS FY 04 BALANCE OF AUTHORIZATION FY 05 AUTHORIZATION $17,423 $46,750 $17,423 $46,750 $17,423 $29,670 ------- ------- ------- ------- ------- ------- TOTAL $64,173 $64,173 $47,093 UNENCUMBERED FUND BALANCE AT 8-31-2005 (COUNCIL APPROVED) $313,664 PROJECTED FUND BALANCE AT 9-30-2005 $318,888 CITY COUNCIL cilr Of CCe", AGENDA BRIEFING Il'XtlS 4e R-05-2604 DEPARTMENT HEAD I . FINANCE REVIEW I MEETING DATE: ITEM#: RESOLUTION # : 10/04/05 CITY MANAGER I Previous Action: None DEPARTMENT: POLICE SUBJECT: Approval to purchase five Ford Crown Victoria police vehicles, from Philpott Motor Company, through the Houston-Galveston Area Council of Governments, in the amount of $103,685.85 -By Consent Reading and Public Hearing The Colleyville Police Department will be replacing five police vehicles in FY2006. Specifications for five 2006 Ford Crown Victoria police vehicles have been submitted to Philpott Motor Company, an approved state vendor, through a Cooperative Purchasing Program with the Houston-Galveston Area Council of Governments. Philpot Motor Company can provide the specified vehicles and will deliver upon receipt of a purchase order. Financial Impact Funds for these vehicles are allocated in the Colleyville Crime Control and Prevention District FY2006 budget. Recommendation Approval CITY COUNCIL CifY 01 cae'" AGENDA BRIEFING IL';o.;<l:; MEETING DATE: 10/04/105 ITEM # : 4f RESOLUTION #: I R-05-2604 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW I Previous Action: None DEPARTMENT: PARKS AND RECREATION SUBJECT: Approval of Colleyville Garden Club project for the Webb House - by Consent Reading and Public Hearing At the September 13, 2005 meeting of the Historical Preservation Committee, the Colleyville Garden Club presented a project for landscaping of the Webb House. The Historical Preservation Committee approved the plan. Keep Colleyville Beautiful approved the plan at the September 29,2005 meeting. The plan was sent to the Texas Historical Commission to verify whether the project would jeopardize a future listing of the Webb House on the National Register of Historic Places. Gregory Smith from the Texas Historical Commission stated that the landscaping project would not be a concern for a future listing. The Colleyville Garden Club proposed to provide labor and plant material up to $1,500 and requested that the City approve the use of the $5,000 that is allocated for beautification projects on this project. The Colleyville Garden Club has completed several landscaping projects of City facilities and is currently working with the City on several future projects at Sparger Park, Bransford Park and other areas. Financial Impact The City's portion of the landscaping project for the Webb House will be allocated from the 2004-2005 community beautification funding for Keep Colleyville Beautiful. The Keep Colleyville Beautiful Committee recommended approval of the funding at the September 29, 2005 meeting. Recommendation Approval Attachments . City of Colleyville Donation and Transfer of Title . Computer Generated Webb House Landscape Pictures (4) CITY OF COLLEYVILLE DONATION AND TRANSFER OF TITLE l!We Vh (!It aq~/7 hereby give, assign, transfer, and set over to th City of Colleyville all of my rights, title, and interest in the materials described below: fLCl/JII1tC1h-;(.(t2/ ami htfCiU-/d 1/1,)~/J; p/W' SOtl tl/J)~/lck/J-15 / I have read and understand the Donation Policy of the City of Colleyville, and accept the provisions of that policy. Signature of Donor(5) ){3./~ ~~ Date Addres5of9,onor t'lcJ/ Plevsdp'/4--7l&wc;l' City (1/kC////!e. State 7X ZIP 7~{)3 V' Phone Num~rs: HO~ 7 3}-"~ fR?'9 6 Office . RECEIVED by ~/u a".,) f~~~ III Department or By ~t~~ tJ..4- (glr... Date Date 1/~) ~4r'~ Board 1/12(OS Council Approval Date Resolution/Ordinance Number ACCEPTED for and in behalf of the City of Colleyville By Date Mayor, City of Colleyville Accession Number ,~- :1 )t/ J. ti I f 4 I CITY COUNCIL city Of cce<e IC':<;<\$ AGENDA BRIEFING MEETING DATE: 10/04/05 CITY MANAGER I e ITEM#: 5 DEPARTMENT HEAD I ck ORDINANCE # : 0-05-1550 FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Request to Amend the zoning on 1.9 acres located at the southwest corner of Church Street and Colleyville Boulevard regarding screening and additional land uses, Case Z-05-026 First Reading and Public Hearing The City of Colleyville is the owner of a 1.9-acre tract of land located at the southwest corner of Church Street and Colleyville Boulevard, across from the Town Center Colleyville development. The City Council directed staff to initiate an amendment to the zoning on this property to add a bank/financial institution to the list of permitted uses and to modify the screening requirements for this property. The City purchased the property in 1999 to secure right-of-way for the future realignment of Church Street so that the intersection aligns with Church Street on the east side of SH26. The City of Colleyville identified the balance of the property that is not required for the Church Street right-of-way for future commercial development. The City Council approved PUD-C zoning for the site on March 2, 2004. The list of uses allowed by the PUD-C ordinance is designed to promote retail businesses that generate sales taxes. Recently, the City has obtained an offer on the property for retail development, provided that the zoning on the site will allow one bank/financial institution. To prevent the site from becoming used only for a bank, which does not generate sales taxes, the attached ordinance contains a provision which prohibits the issuance of a certificate of occupancy for a bank/financial institution prior to the issuance of a certificate of occupancy for a sales tax generating retail business. The potential developer is in agreement with this provision. The original Ordinance 0-04-1445 requires the construction of a six foot masonry screening wall where the commercial lots abut residential property. However, the property remaining to the west of this site that is situated on the north side of the proposed Church Street realignment will not be adequate in size to accommodate a future residence. This small parcel will either remain vacant or be incorporated into the subject property. It would be a case of poor planning to require a masonry wall that will either screen a vacant lot or be eventually demolished. Staff recommends changing the screening requirement to allow a live evergreen landscape screen of six feet in height. At the Planning and Zoning Commission public hearing on Monday, September 26, there were questions regarding the future plans for the existing Church Street intersection, particularly as Agenda Briefing Ordinance 0-05-1550 Page 2 of 3 it relates to maintaining access to the Town Square commercial development located to the north of Church Street. Additional questions were raised regarding the economic benefits gained by allowing a bank within the proposed development on the property in question. The city-developer agreement associated with the pending sale of the city-owned 1.9 acre tract, located to the south of Church Street, contains a provision for the developer to maintain the existing access to the Town Square development to the north of Church Street as well as provide access to the new development planned for the 1.9 acre site to the south of the planned realignment of Church Street. Furthermore, the current preliminary design plans for the reconstruction and widening of Colleyville Boulevard shows an access point at the existing Church Street location, which will maintain vehicular access to the Town Square development to the north of Church Street. The developer has agreed and confirmed to staff that they are in full agreement and planned to place a mutual access easement across the length of the property at time of platting to provide continuous access from the Town Square development to the north to the new location of Church Street to the south. The preliminary site plan provided to the City shows three proposed commercial businesses, one bank (3,800 s.f.) and two retail tenant spaces (1,800 s.f. and 1,830 s.f.). According to the Trip Generation Study, 6th Edition, compiled by the Institute of Transportation Engineers, drive- in banks typically generate 265.21 vehicle trips per day per thousand square feet of floor area. The attached ordinance limits the maximum size of a bank at this location to 4,000 square feet, which potentially could generate 1,060.84 vehicle trips per day and serve as additional customers to the retail businesses located at this location. The developer has indicated that the proposed development when completed will have an estimated property valuation of $3,200,000, which will generate $11,117 property taxes annually for the City of Colleyville. The property is located in the Colleyville TIF District. The developer has also indicated that the retail tenant spaces will generate approximately $23,000.00 of sales taxes annually to the City of Colleyville, based on the one percent sales tax collection rate. Attached is a proposed ordinance that, if approved, will amend the list of permitted uses to allow one bank/financial institution and modify the commercial screening requirements. The ordinance also contains a provision regarding the issuance of a certificate of occupancy to a retail space before that of a bank. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Master Plan designates the future use of this area for office and commercial type land uses. This request is consistent with the goals and objectives of the Master Plan, which designates this property and the properties on the south side of Church Street as future commercial and retail uses. Agenda Briefing Ordinance 0-05-1550 Page 3 of 3 Surrounding Properties. Most of the surrounding properties are developed. A single-family residence is located west of the site. The other surrounding properties are either developed as or intended for commercial, retail, or office development. Properties to the north and east are zoned CC2 and are developed as retail and commercial uses. Property to the south is zoned CC1 and is used as a medical office building. The property to the west is zoned AG and is used as a single family residence. Platting. Since the property is not platted, the developer would have to submit a final plat for approval by the City. As part of the final plat, the developer would be required to dedicate the right-of-way for the realignment of Church Street and any additional right-of-way required for the widening of Colleyville Boulevard. Church Street Construction. The developer will be required to construct the portion of Church Street that runs through this property. Sidewalks and Trails. The developer of the property would be required to construct a section of trail along the south side of Church Street, as required by the Colleyville Pathways Plan and a 5-foot wide sidewalk adjacent to Colleyville Boulevard. Screening. The ordinance requires that the developer to construct a six-foot tall live landscape screen where the property abuts a common lot line with non-commercial uses. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of utilities to the lots if necessary. Public Notification. Staff mailed notices to 23 adjacent property owners regarding this request. A complimentary notice was sent to the Hidden Oaks Homeowners Association. 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 considered the proposed amendment on September 26, 2005 and recommended approval by a 4-2 vote. Recommendation Approval Attachments · Location Map · Zoning Map · List of Property Owners Notified · Ordinance 0-05-1550 Location Map Site 0-99-1167 Zoning Map List of Property Owners Notified Clifton D. Hales PO Box 338 Colleyville, TX 76034 Herman J Smith & Co Ltd. 1903 Central Drive Ste. 403 Bedford, TX 76021 Charles & Rob Ltd. 8235 Douglas Ave. Ste. 950 Dallas, TX 75225 Uhlmann-Colleyville LLC 13245 Riverside Dr. Ste. 500 Sherman Oaks, CA 91423-2172 Melvin & Martindale Ltd. 8235 Douglas Ave. Ste. 950 Dallas, TX 75225 Life Time Fitness, Inc. Attn: Real Estate Tax Dept. 6442 City West Pkwy. Eden Prairie, MN 55344 Colonial Bank 1 Commerce St. Montgomery, AL 36104 Mr. Fred J. Lee PO Box 491750 Lawrenceville, GA 30049-0030 CTL Properties LP 312 W Northwest Hwy. Grapevine, TX 76051 Libby W Brady 5405 Colleyville Blvd. Colleyville, TX 76034 Afrim & Hajri Bojku 2708 Cedar Springs Ct. Bedford, TX 76021 Afrim & Ruzdi Bojku 3408 Glade Creek Drive Hurst, TX 76054 First Baptist Church of Colleyville HRT Properties of Texas Ltd. Mr. David P Linton 5300 Colleyville Blvd. 3310 W End Ave. Ste. 700 5562 Elkhorn Drive Apt. 328 Colleyville, TX 76034 Nashville, TX 37203 Indianapolis, IN 46254-5281 Colleyville Church of Christ Valerie Hubbard First United Methodist Church 1008 Church St. 4723 Meandering Way 5601 Pleasant Run Rd. Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034 Gary D & Teresa Kerbow Stephen & Cheryl Moreland Fredric D Richmond 5700 Hidden Oaks Dr. 5609 Hidden Oaks Dr. 5607 Hidden Oaks Dr. Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034 Terry & Dixie Leach Kenneth & Estilita Kerkering Min H Kim 5605 Hidden Oaks Dr. 5603 Hidden Oaks Dr. 5601 Hidden Oaks Dr. Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034 John & Patricia Gooding Jr. 1007 Hidden Oaks Ct. Colleyville, TX 76034 Randall W & Margaret Johnson 5606 Hidden Oaks Dr. Colleyville, TX 76034 Eagle-Colleyville Towne Square Two Lincoln Centre/LB 29 5430 LBJ FWY Ste. 1575 Dallas, TX 75240-2641 HEC INC. % Stanley W. Jordon Pres. 2000 Greenwood Dr. Southlake, TX 76092 ORDINANCE 0-05-1550 AN ORDINANCE AMENDING ORDINANCE 0-04-1445 OF THE CITY OF COLLEYVILLE, TEXAS, REGARDING SCREENING, PLATTING AND ADDITIONAL USES AUTHORIZED WITHIN THE PLANNED UNIT DEVELOPMENT DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this property is owned by the City of Colleyville and the City Council has directed staff to initiate an amendment to the zoning of this property under Case No. Z-05-026; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-05-1550 Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Section 2.2 of Ordinance 0-04-1445 regarding permitted uses to add the following permitted use: m. One bank/financial institution, not to exceed 4,000 square feet of floor area, provided that no certificate of occupancy shall be issued to a bank/financial institution prior to a certificate of occupancy for a sales tax generating retail business THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Section 2.7.a of Ordinance 0-04-1445 regarding screening to read in its entirety as follows: a. The developer of each individual commercial lot shall construct a live evergreen landscape screen where the commercial lot abuts a lot not used for commercial purposes. Said landscape screen shall be not less than six (6) feet in height within two years after planting. This landscape screening requirement shall be in lieu of any other screening requirement contained in the Land Development Code. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Section 2.3.c of Ordinance 0-04-1445 regarding platting and site plans by adding the following paragraph: c. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall grant a mutual access easement, in accordance with the standards contained in the Land Development Code, across the entire frontage of this property. This platting requirement shall be in addition to a ny other platting requirements contained in the Land Development Code. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for Ordinance 0-05-1550 Page 3 of 3 in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 1 O. 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 ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 11. THAT Ordinance 0-04-1445 shall remain in full force and effect, except where amended by this ordinance. Sec. 12. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC David Kelly City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Ordinance 0-05-1550 Page 4 of3 Mayor CITY COUNCIL ciry Of CCe'" AGENDA BRIEFING IC'"X;:l$ MEETING DATE: i ITEM#: i 10/04/05 7 CITY MANAGER i DEPARTMENT HEAD I Staff Report FINANCE REVIEW I DEPARTMENT: ENGINEERING SUBJECT: Update of the Tarrant County Bond Program City staff met with Tarrant County on Tuesday, September 27, 2005, to review the proposal submitted last month for the upcoming bond election. The City submitted eleven projects, which included intersections, roads, trails, and a park-n-ride study. A total of 126 projects were submitted by twenty (20) cities. The estimate of these projects totals over $545,000,000. The County bond program will be approximately $200,000,000. The County will spend the next several months reviewing the proposals and formalizing a final list of projects. The final list will be made public in late December 2005. The bond election is scheduled for May 2006. .n~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - September 12,2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, Dave Dudziak, Thomas Bartkowski, Luann Edwards, John Blassingame, Denis Duffy and Jeff Byerly Absent: Commissioner Tom Dolan Barry LeBaron, Chris Fuller, Amy Shelley and Robert Woods from staff were present. The invocation was given by Commissioner Blassingame. INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Edwards moved to approve the August 22, 2005 meeting minutes as written. Commissioner Duffy seconded. The motion was approved by the following vote: Aye: Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-OS-028 - Final plat for Lot 3, Block 1 Meadows Creek Plaza Addition on 1.336 acres located at 8190 Precinct Line Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff in regards to page 5 of the Development Review Comments, comment #1, why is the platting process not complete regarding the easements? Barry LeBaron replied once the plat is approved, the applicant will file the easement documents with the County and those filing numbers are placed on the plat for reference to those easements. The applicant did not want to file the easement documents if the Commission had problems with the plat. Commissioner Edwards stated this is an off-site easement. What if the applicant does not have it? Barry LeBaron replied the applicant has provided those documents to the engineering department. Commissioner Duffy questioned Robert Woods, City of Colleyville Engineer, if the final Planning & Zoning Commission Minutes - September 12, 2005 Page 1 of 11 easement documents have been approved? Robert Woods replied yes, we have the final easement papers and once the plat has been approved those documents will be signed. Commissioner Duffy questioned staff if the platting process is complete? Barry LeBaron replied yes, they have supplied us with the documents. Commissioner Edwards questioned staff if the documents have or have not been signed? Robert Woods replied the documents are not signed. As soon as the plat is approved the applicant will submit the signed documents. He stated before construction, those documents will be filed as done in the past. Commissioner Byerly questioned staff in regards to not having the easement yet? Robert Woods replied correct. Commissioner Edwards stated there being problems in the past with off-site easements. The Commission needs to know that whoever is giving the off-site easement has already signed the document. An unsigned document does not guarantee anything. Fred Ballinger with FDB Architects, representing R&P, the owner of the said property, stated the developer, Realty Capital, will be providing the easement documents, without the easement we would not be able to develop our lot and Realty Capital could not develop their project. Commissioner Edwards questioned Mr. Ballinger if the easement is coming from the owner of the whole property? Mr. Ballinger replied correct. Commissioner Duffy stated the Commission needs to be consistent and follow the rules and procedures of the final plat procedure. Mr. Ballinger stated Realty Capital has reviewed the easement and has agreed, they just have not signed the easement documents. Commissioner Duffy questioned Mr. Ballinger if there is a reason why the documents have not been signed? Mr. Ballinger replied it being the final part of the process, why bother if the plat is not approved. Commissioner Duffy stated the Land Development Code states what needs to be in place before the final plat is approved and this is something that needs to be in place. He stated it being a lack of Mr. Ballinger's staff support for those documents not to be in place. Somebody could have gone to Realty Capital and acquired the signature before coming to the Commission for a final plat approval. Mr. Ballinger relied being sorry for them not signing the document. He thought Realty Capital was on top of what needed to be done and asked the Commission if the final plat could be approved on the condition of the easement documents being signed. Commissioner Duffy questioned City Attorney Michael Kallas if approval of the plat would be legal? Attorney Kallas replied the plat could be approved with the condition. Commissioner Dudziak stated the Commission is here to develop some consistency as to what is approved; there is another applicant here tonight that we have asked to bring a completed plat back, with other issues to be resolved, before we would approve it. Whether or not the Commission tables this case tonight, which is what he Planning & Zoning Commission Minutes - September 12, 2005 Page 2 of 11 recommended, 50 that all the signatures could be in place, the Commission should stick with the precedent that all work is done before it comes before the Commission. Mr. Ballinger concurred with Commissioner Dudziak; we have certain things in motion and would appreciate some understanding. Commissioner Byerly questioned staff if the easement documents have been reviewed? Robert Woods replied correct. Commissioner Edwards questioned Robert Woods if the easement documents have been discussed with Realty Capital or just Mr. Ballinger? Robert Woods replied Jimmy Archie with Realty Capital presented the documents to staff. Commissioner Byerly questioned Robert Woods if staff had asked Mr. Archie to sign the documents? Robert Woods replied no, typical policy is that once the final plat is approved, the plat and the easement documents would be filed at the same time. Commissioner Byerly stated understanding the recording process, but questioned if the documents have been executed? Robert Woods replied the documents need the surveyor's signature. Barry LeBaron stated not uncommon to have easement documents not signed until the plat is approved. Staff has not found this to be a particular problem with easements. Commissioner Byerly stated not having issues with approving the plat with the conditions upon the easement documents being signed exactly as it is right now with staff's approval. Commissioner Dudziak disagreed with Commissioner Byerly, to be consistent; the documents need to be in place and all of the loose ends need to be tied up. Attorney Kallas questioned staff if the case is continued, would the plat be approved by default if not approved in 30 days? Barry LeBaron stated without a decision, the clock has not started yet. Mr. Ballinger stated to staff there was not a reference on the Review comments stating those signatures would need to be in place before the plat could be approved. We thought this was the city's standard procedure and acted accordingly. He stated the potential owner was planning to close on the property this week and this would hamper the closing. Commissioner Byerly questioned staff if this is standard procedure for easements? Barry LeBaron replied without those documents in place, the property owner would not be able to start construction. Therefore, whether they are signed now or signed after the plat is approved; the developer would not be able to get a building permit until all the infrastructure was in place. Commissioner Edwards stated these easement documents are for the protection of the buyer. Technically Realty Capital, which knows the process, could change their mind and charge the developer more or not agree with the easement. Therefore, this plat is not complete without those easement documents in place. Commissioner Blassingame stated staff has put before us what they thought was complete. He stated on issues like this, it would not make sense to hold this up Planning & Zoning Commission Minutes - September 12, 2005 Page 3 of 11 because of precedence the Commission has set forth in the past. Mr. Ballinger stated the potential owner would not have purchased the property without the easements being signed over from Realty Capital. Commissioner Duffy questioned Mr. Ballinger in regards to how is the property owner going to sign off on an unsigned document? How will the buyer buy the property if Realty Capital has not signed it off? Mr. Ballinger replied it being contingent on the development of the lot, which can not happen without the easement. Commissioner Edwards questioned Mr. Ballinger if it would be a huge problem if the Commission were to table this item, then you could return in two weeks with the easement documents signed? Mr. Ballinger replied two weeks would be a hurdle for the potential owner, Mr. Richard Parker. Richard Parker, the potential owner of the property, came forth and stated the two week delay would be a financial hardship. Commissioner Duffy questioned Mr. Parker in regards to closing on the property; you will close on the property without the easement being signed? Mr. Parker replied he felt there would be no reason to believe Realty Capital would not sign the document. Commissioner Duffy questioned Mr. Parker if he would be able to close on the property without those documents? Mr. Ballinger stated they would get those signatures tomorrow and then Mr. Parker will close on the property on Wednesday, September 14, 2005. Commissioner Blassingame questioned Mr. Ballinger if staff requested not getting the signatures until the plat was approved? Mr. Ballinger stated the comments did not suggest getting signatures before or after the plat is approved. Commissioner Edwards made motion to approve case P-05-028 with the condition the easement be signed and executed by the grantor in the exact form that has been reviewed and signed off by staff. Commissioner Bartkowski seconded. Commissioner Duffy questioned if staff could itemize every thing that has been mentioned 50 that when the new documents are submitted, those items will have been checked. Barry LeBaron replied yes and Robert Wood concurred. Commissioner Edwards suggested to staff on letting the Commission know if the easement goes through. Commissioner Duffy questioned Attorney Kallas, if anything is changed, would the plat have to go back through for a vote? Attorney Kallas replied correct, it could then be denied. Commissioner Dudziak questioned if the ordinances would govern any changes made. Commissioner Byerly stated the conditions on the plat would govern the execution. Barry LeBaron stated the plat would then be on the following agenda. Commissioner Dudziak stated by voting in favor of this final plat, the Commission would not be consistent. The motion was approved by the following vote: Aye: Bartkowski, Edwards, Blassingame and Byerly Nay: Dudziak, Duffy Planning & Zoning Commission Minutes - September 12, 2005 Page 4 of 11 PUBLIC HEARING AGENDA ITEMS 2. Case P-05-035 - PUBLIC HEARING - Replat of 1.34 acres on Lot 48R, Block 4 of the Western Trails Addition, located at 607 Frontier Court Chris Fuller presented the discussion and briefed the Commissioners. Commissioner Bartkowski questioned staff if a Homeowner's Association (HOA) exists and is this lot an existing lot? Chris Fuller replied there not being an HOA and it is an existing lot. Barry LeBaron concurred. Commissioner Edwards questioned staff in regards to when the lot was re-platted in 1999; does the frontage on Frontier have anything to do with the other entrance being accepted? Barry LeBaron replied not knowing what the rational was at that time. Commissioner Edwards questioned staff in regards to the new lot that would be created, would that lot be buildable as steep as it is? Barry LeBaron replied yes. Commissioner Bartkowski questioned staff if the access would be from Frontier? Barry LeBaron replied yes, the new lot would have frontage from Frontier. Commissioner Edwards questioned staff in regards to the dimensions for the new lot? Chris Fuller replied 191 feet by 125.2 feet in depth. Commissioner Duffy questioned staff if Lot 48R2 has the proper frontage on the road? Barry LeBaron stated as approved it would not, just enough to accommodate the driveway. Commissioner Duffy questioned staff if tree preservation arrangements have been made for Lot 48R1? Barry LeBaron replied the tree preservation ordinance would govern those trees. All of the trees in the building foot print and utility easements would be exempt. Commissioner Duffy questioned how the applicant would be made aware of that information 50 that he would not come in and bulldoze those beautiful trees. Barry LeBaron replied at the time of the building permit process. Commissioner Edwards stated technically the trees could be bulldozed, but he would have to replace them. Barry LeBaron concurred. Commissioner Byerly questioned staff in regards to staff's comments on the creation of the flag lot appearance and why the Commission should not be concerned about it? Barry LeBaron replied staff having issues with creating flag lots when another house is being built behind an existing house. This flag lot was created for the homeowner's driveway and for that reason only. Commissioner Byerly opened the public hearing at 7:42 pm. Pedram Pahlavan, the applicant, came forth to present the request and answer any questions. Commissioner Byerly questioned Mr. Pahlavan if the existing home would stay? Mr. Pahlavan replied yes. There being no one wishing to speak, the public hearing was closed at 7:44 p.m. Planning & Zoning Commission Minutes - September 12, 2005 Page 5 of 11 Commissioner Duffy questioned Attorney Kallas if any contingencies could be put on the plat? Attorney Kallas replied conditions can be put on a plat. Commissioner Duffy stated putting a condition on the plat that the owner is made aware of the tree preservation regulations. Commissioner Duffy made motion to approve case P-05-035 with the condition of notifying the applicant of the tree preservation regulations. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: Dudziak, Bartkowski, Blassingame, Duffy and Byerly Nay: Edwards 3. Case Z-05-024 - PUBLIC HEARING - Zoning change from CN Neighborhood Commercial to R20 Single Family Residential on 1.31 acres located at 413 Timberline Drive South Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff in regards to how many homes the applicant plans to put on the lot? Chris Fuller replied directing that question to the owner. Commissioner Duffy questioned staff if the applicant is the owner? Chris Fuller replied the applicant is representing the owner and a letter is on file from the owner stating Dino Idoski permission to represent him. Commissioner Byerly questioned staff even though this is a zoning case, is there a preliminary layout of the lots that will be proposed? Barry LeBaron replied often times staff will receive a layout, but it is not required in straight zoning. Commissioner Bartkowski questioned staff if residential zoning would fit in with the characteristics of this area? Barry LeBaron replied yes. Commissioner Duffy questioned staff in regards to the frontage on Timberline Drive and Bransford Road? Barry LeBaron replied about 280 feet on Timberline Drive and about 200 or 50 down Bransford Road. Commissioner Duffy stated the minimum frontage would have to conform to the R20 zoning. Barry LeBaron concurred. Commissioner Duffy stated there could not be 3 houses fronting either street. Barry LeBaron concurred. Commissioner Duffy stated to the Commission that all the lots facing Timberline Drive South are predominately in the R40 zoning district. Therefore, he stated wanting the Commissioners to give some thought as to R40 zoning for this lot. Barry LeBaron suggested getting the applicant's approval for the R40 zoning. Commissioner Byerly opened the public hearing at 7:50 pm. Dino Idoski, the applicant, came forth to present the request and answer any questions. Commissioner Byerly questioned Mr. Idoski if the lot with the short frontage would face Bransford Road? Mr. Idoski replied Timberline Drive and provided a drawing on the projector. Commissioner Byerly stated reading the plat with 3 lots on Timberline. Planning & Zoning Commission Minutes - September 12, 2005 Page 6 of 11 Commissioner Edwards stated one of the lots does not meet the frontage requirements. Mr. Idoski stated one lot is short 20 feet of frontage. If we face 2 lots facing Bransford one lot facing Timberline, we can meet the frontage requirements. Commissioner Duffy questioned Mr. Idoski if he has considered the R30 or R40 zoning? Mr. Idoski replied we did, if not approved at R20; we would still purchase the lots at the R30 zoning because we want to build the homes for ourselves. But, we would prefer the R20 zoning. Kathy Hadley, 204 Timberline North, spoke in opposition to the R20 zoning and stated R40 zoning would be more appealing for the Highland Acres area. There being no one wishing to speak, the public hearing was closed at 7:55 p.m. Commissioner Duffy questioned staff in regards to the public hearing notices being sent to Switzerland, Utah and New Mexico, no one heard from any of those people? What about the local agency for the Church of Jesus Christ of Latter-day Saints, no one heard from anyone there? Barry LeBaron replied correct, the addresses from the tax rolls are used to send out the public hearing notices. Commissioner Edwards questioned staff in regards to the ownership of this property, is there something on file? Chris Fuller replied yes, there is a letter on file from the property owners granting Dino Idoski consent to apply for the rezoning on his behalf. Commissioner Edwards questioned staff in regards to if a rezoning sign was placed on the property? Chris Fuller replied correct, the sign was placed at the same time the public hearing notices were mailed. Commissioner Edwards stated the R30 zoning would work better in this area not R20 and the applicant has agreed to that even though he would prefer R20. R30 zoning is better than the CN Commercial Neighborhood zoning that the property is currently zoned. Commissioner Byerly questioned staff in regards to the R30 zoning frontage requirements and which way the lots would face? Barry LeBaron stated in order to meet the frontage requirements for the R30 zoning district, the two lots would have to face Timberline Drive. Commissioner Byerly stated if the side, of one of the lots that would face Timberline Drive South, was on the side of Bransford Road, the appearance would hamper the open estate feel of the properties on Bransford Road. Commissioner Edwards agreed with the lots facing Timberline. Commissioner Blassingame stated it appears that one lot could face Bransford Road and the other lot could face Timberline Drive South. Commissioner Byerly stated if R30 were approved, there would be no way to mandate how the homes were to face unless a preliminary plat were approved with the layout of the lots. Commissioner Edwards questioned Commissioner Byerly if he would prefer the R20 with the smaller lots? Commissioner Byerly replied R20 not being an option because Planning & Zoning Commission Minutes - September 12, 2005 Page 7 of 11 the applicant can not get three conforming lots on this property. Commissioner Byerly questioned Mr. Idoski if he would be willing to face one lot on Bransford Road and one lot on Timberline Drive South? Mr. Idoski replied he would prefer to face both lots to Timberline Drive South instead of Bransford Road because it is 50 busy. Mr. Idoski questioned the Commission in regards to what is the CN zoning? Commissioner Byerly replied Neighborhood Commercial. Barry LeBaron stated it is a commercial zoning with limited uses. Commissioner Blassingame questioned Mr. Idoski if the two lots facing Timberline Drive South would be ok? Mr. Idoski replied yes. Commissioner Edwards stated the two lots facing Timberline Drive South would finish out that subdivision. Commissioner Blassingame concurred with Commissioner Edwards in that Bransford Road is a busy street and facing Timberline Drive South would be better. Commissioner Byerly stated the property is surrounded by R40, and if the Commission is not going to vote for R40, then the R30 zoning would be better and would fit in with the Master Plan. Commissioner Bartkowski stated the R20 zoning is being presented and rather than saddle the applicant with tabling the case, the Commission should deny the R20 zoning instead of giving the applicant a zoning he does not really want. Commissioner Edwards suggested tabling this case as the Commission has done before, and having the applicant bring forth the R30 zoning for the next meeting. Chris Fuller stated the previous case was tabled because the applicant was not present and given what was suggested at that meeting, the applicant presented a different zoning case at the following meeting. Barry LeBaron stated that if the applicant receives a denial from the Commission, he will have ten days from this date to notify staff to appeal the case to city council, which may be better because it puts the issue in the applicant's hand rather than approving a zoning that the applicant really does not want. Commissioner Duffy stated the city council would have to have a super majority to approve the R20 zoning. Commissioner Byerly questioned staff in regards to how would the R20 denial effect the applicant from being able to bring forth another zoning application within the year? Barry LeBaron replied that would happen only if the city council denies the R20 zoning. Commissioner Dudziak questioned the Commission if they wanted to verify with the applicant if the R30 zoning would work? Commissioner Byerly replied being reluctant to approve the R30 zoning without a preliminary plat to go with it to see the layout of the lots. Commissioner Dudziak and Commissioner Blassingame concurred. Commissioner Dudziak stated the home should face Bransford Road to be consistent with the Master Plan which was approved by the community and the city council. Commissioner Edwards stated on a straight R30 zoning, the applicant can not be required to have to face the home on Bransford Road. Planning & Zoning Commission Minutes - September 12, 2005 Page 8 of 11 Commissioner Byerly stated it could be done if a preliminary plat and zoning were submitted at the same time. Commissioner Edwards stated only if the same property owner existed, however, if the property were to sell and the new owner submitted a new plat that met all the requirements, the Commission would have to approve the plat. Commissioner Blassingame made motion to deny case Z-05-024. Commissioner Byerly seconded. Mr. Idoski stated to the Commission that if the R20 is denied by both the Planning and Zoning Commission and City Council, he does not want the property to be rezoned to R30; it would need to remain the CN zoning. This zoning was a contingency on the purchasing of the property. The motion to deny was approved by the following vote: Aye: Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None Commissioner Edwards stated to staff to make a brief note to city council as to why the R20 was denied 50 that they do not misunderstand the denial. TABLED AGENDA ITEMS 4. Case P-05-027 - Final plat for Castleton Manor Addition on 24.108 acres located at 6805 Pleasant Run Road Commissioner Bartkowski recuses himself from this agenda item. Commissioner Duffy made motion to remove case P-05-027 from table. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: Dudziak, Edwards, Blassingame, Duffy and Byerly Nay: None Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly questioned Attorney Kallas in regards to what is the procedure of approving this plat with the gate? Originally the Commission approved the preliminary plat with the deletion of the gate but city council approved the preliminary plat with the gate. What is the procedure the Commission should take regarding this final plat? Attorney Kallas replied once the city council has approved the gate there is no reversing that decision. The Commission would approve this plat if it met the regulations and according to staff, it does. Commissioner Byerly questioned if the city council could deny this final plat with the gate in place? Attorney Kallas replied the city council would be bound by the regulations and would have to approve the plat. Commissioner Duffy questioned staff in regards to the street being dedicated as a lot, is that correct? Chris Fuller replied in Chapter 10 of the Land Development Code a street in a gated subdivision may be referenced as a lot because it would be maintained by the Homeowner's Association (HOA). Commissioner Duffy questioned staff where on the document is the entrance box and Planning & Zoning Commission Minutes - September 12, 2005 Page 9 of 11 how far is it from the street? Chris Fuller replied referring that question to the applicant. Barry LeBaron stated the dimensions for the turn around radius are noted on the plat. Commissioner Blassingame questioned staff if this plan in its entirety has been approved by engineering? Chris Fuller replied correct; Fire Department and the Engineering Department approved the gate and the turn around radius as submitted. John Fegan, the applicant, came forth to present the request and to answer any questions. Commissioner Byerly questioned Mr. Fegan in regards to where the entrance box would be located? Mr. Fegan replied as indicated on the drawing in front of the gate there is a big square box and the entrance box will be placed in that box. At this stage, the design has not been made. The gates will be wide enough to have two cars side by side. Commissioner Duffy stated a car will have to back out if he is not granted admittance into the gate. Mr. Fegan stated the car would not have to back out onto Pleasant Run Road with this design. Mr. Fegan stated a cut through could be made on the island where the box would be placed if needed. Commissioner Duffy questioned staff if the City Attorney has approved the HOA documents or if the HOA documents have been delivered? Barry LeBaron replied the documents have been delivered. Commissioner Duffy questioned if the documents had been approved? Barry LeBaron stated the code states the HOA documents will need to be approved before the plat is filed with the county. Barry LeBaron stated having looked over all the HOA documents and they appear to have met all the requirements. Mr. Fegan stated the HOA documents were turned into the city over three months ago and again at the last Planning and Zoning meeting. Tim Meadows, 6901 Pleasant Run Road, stated the citizens concerns were addressed with the city council and approved with the gate. He stated approving Mr. Fegan's project as presented. Commissioner Dudziak stated the plat is not consistent with the ordinance; there should be a turn around of 30 feet between the call box and the gate. He stated if staff could realign the gate and call box with the ordinance, then he would have no issue of approving the plat. Attorney Kallas stated the plat could be approved with the condition of having the proper turn around requirements be satisfied. Commissioner Duffy stated this was an issue before when the final plat was presented before. He stated developers need to read the code before bringing it to the Commission for approval. Commissioner Duffy admonished staff to hold developers to the code. Commissioner Byerly stated having issues with the gate and that is why it was not approved on the preliminary plat. Commissioner Edwards stated the gate is poor thoroughfare planning on the part of the city. Commissioner Byerly made motion to approve case P-05-027 with the condition that the gate has the proper turn around requirement. Commissioner Blassingame seconded. Planning & Zoning Commission Minutes - September 12, 2005 Page 10 of 11 The motion was approved by the following vote: Aye: Dudziak, Edwards, Blassingame, Duffy and Byerly Nay: None STAFF REPORTS COMMISSIONER COMMENTS Commissioner Duffy stated to staff that the Commission is here to uphold the code and therefore the developers should not come to us until all requirements are met. He suggested a checklist for all requirements to be met. Barry LeBaron stated the Development Review Committee consists of several different departments who all review the plans. We will communicate your concerns to those departments. Commissioner Dudziak stated the checklist would be a lot easier to the developers. ADJOURNMENT The Commission adjourned the meeting at 8:35 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: ------------------- Planning & Zoning Commission Minutes - September 12, 2005 Page 11 of 11 RESOLUTION R-05-2605 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF OCTOBER 4, 2005 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. 2005, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor CITY COUNCIL ell)" Of cce0 Ie-X":; AGENDA BRIEFING MEETING DATE: ITEM#: 10/04/05 1 CITY MANAGER i DEPARTMENT HEAD ' FINANCE REVIEW IN/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 - Sec. 551.072 - Sec. 551.074 - Sec. 551.087 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Brian K. Meroney vs. City of Colleyville Property Acquisition Personnel - City Manager's Performance Evaluation Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations Sec. 551.071 -