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.
Gene Newman
President
City of Colleyville
Title
Date
Date
9
Exhibit A
Phase I Project Area
/ ~ '- ~-- <., (' ""~
r~~J: ~,.;~,~ : ~/.;..:~/,., '. ~~'~:_:u.~~~:~::i..:3J~'~'}-_.(<, '. ,.:.::,:~~':':'.-,'_
-"'j.~~~:,,<.., ,', .'t:?~":'" :=<", ~~~~." I', ''"J~[~~'~ \"1![~ - 1 '.
'I ~r1 ~ J- / ' j _ ~ -' ......' /// \.!-1-'>~f /' V( A'- / /__ -J;:;"~-~ /:~. (/) I I '~'v;;'-:_~ ,,:> ~ ..Y _VY~ tr"\ \
'1'~v1J/i.4~'::1~r::::r-.(:,{. ';"\/,'{'-;IJ\.~: ! (',/.J \.({O;"~'cf'f"':-:--i;'" 1 ';':\'.:""--,",,:"',,.:-(S)_~',Ql',., I' -'
~' \1' ;,' : .-f !, ','_1_,-;1:, -~....'\ ''f- ,,' \..\\.. /..~t/ ~ J-/"- -/-~~: :(-.1 = ~ (~_'~~ f. -~ '-:" ;' I \.-~~ fJ \..._ ........' .I~..--: =--~-~ -'" "-
, '. "U!,.-.:,., , ' I -......, ............" .. '). :."1("_\ l- ~~~\, 1\ T'j- \"..~\")?):J I' } ~~l""" I I t t_..../~.11 ~- ....-----..,-t;C}\:k..c:., I
, ~..)i, \{Jb'1~--/. / ~' ~,........:.........C.._~~,':.';\' I (~m:-'"' --r ~:::~~10-~,--:(k_7 r I,"'J ~~\.:;;-;..-:"/l-;. -~ - "- ........l?..._~' I
. .~,/ \ ,,~' I ~ / ---L- J....---. ---,.....,... ,-, 1:..\ "1\ I ~'~ '{ 1,.t!lI' . I "" ( I I \ .>", .~ ' 1 ~', <( 7'
, "'", ' , ' -.- "'1'", ", .' i..r cnlc' .),,,~, (-\'~:" ~' , ,',>II
: ,)",,' ;' '., I ' 'Ih'\ 'I", ,.,::,' ;., '1" I, r',. ...' I r.;--, ^ :,-,
, : I~ I j: ,I / ,. " ': ,f "'1l~\II~~: -< r:'''Arec. '/ ,;-s,-~,f I' "1 \ ,~,~ - ' ,': v~,. 'Ii ,; I
,',' :)_il,-I!- / I / 1'/ ;,J/ (' ,"'/' /,'t/1 -()) i ,_(, 1';;;:--'1 /\, '\ \ '. I ' :,'/ 'I
' ',' /' I ' I j, I, " ,,/", 'I !: i" Jf__ _' ;' I -4 -,I l' \ I 'T1 /,' i -
... 1+" 1 A! .,1 " ,,',':' ,,', ,,' 11;,l!" i - i~;' / :0', ,: ,', If; ,,-- . ri iTree Flarm I...,: 1-/.&1'
'~t' '...~ r '. ' , '/' ~ ~ II,): ') - I v_, .../ , , , i'l 'i., (
1 I , _~ I~ ",' I' ( " " , " '~~J~':'\: \ 'i lJ\ .:, , " '- / '~I I'
, 1-: ,'.\' " ,Url$lr~l;I~'ed' . F":I,'" , \:.,: -- /L>,' '''- " ":, "J"0.
',',' \~~ j'" . ,; qp'efl' ,. . , u,;j:':P'-;;-'T"-""'!I''-;/.,' ::, . / ", .../,.,,;::~(\YJ"
, , 'I _,"1 ' , " . SP~ " ,': I' ::/:'.;" ./ ' ,',,"; ; , 'r T I l"
, / '1 "-~l:1 : ,I, : ;': . ,/'.: ,',' /};'~iJ;jJ, ;"~,Y\' V'~';':' UA' 5';/", ,,". I:); ,; 1'-
/ ,:'1 ! II 1"<' " ,/:' :>' :' / /,/:;:;'.k{~, ::.0 ~~z"~,"'/ i! /,' .:, ' ' ~e f1 . / {~,.f ,I ,/ .I:fl~f~ l'
'I :7i l' , '.. . .', .," . 1/1' "','1,( , f-" "rf\ j ,," ,'. I ,", I, '/ ..). "I
.',' /!~fii~eand' . ': I >, , f ,-f/1~'~! _T"\.rl !l.6t'~," i;/ ,I ,J~,_-'l'-:~_,' " ,", ...../ -'" _,'
, : I " ! " ~ike i;al! : ': '.',~' :;,,:/, <,Pfay,groun'tl,,n;',q;,;::) . ,/ ~.:,~t', " un8~,{.,t~red ' / .. ~I' .'
. I I " . ',,' ' ':: :.,,;' . i /1//::// (" '~.--" ,V? '!{[j' -, 'J' ~'.\,' ,,':Open, , .. ,'1\ '11
':I'pf " T--'-,-;-,~/< ; ,i: :~(!1.0J..\( " ,I !J.cf{'1-";~/,,,~,:q::,!,,:,,: / Sp~jl' / l'l,~ I"
'" 11'1., ' ,.'", """~" I ' '^d',,-" Vr-'~ 'I ,,/ '''''''if'
,,~\\.',', ~' ",",. j,'r-/';(.~~>; '~,,~J'_"/.~I(~~~:',','~J,';i'~li~~1 "i /~~'}r/ ,/".,f~~}~\ll
. EI,),' .' ,-;:.::::-C'<~:t,;'i;-/;", ( (3;.\'1)'-0:..-.' 101'.01 '-. ' . . : ',jh"k::! \' I' " ,,' '.l~:o:r' ,
,': ml""~""'';;''~'~.ii.'~,,.;.......,.;. =--J.--, ~ ~Vj.l;""': 't-..~:a..~.i'+ 'PaV~'ioll8 . '-<~\.'1~'"
'- . I~~I ,Ii :' I I I ! I I ~ : I ,I , I ,')' ~~, ';/'1(-: ?-~, 'rIPd"""5;t;d""l~'''''':: .-, ~t~I/'
i" A2}! ,. , P LjJ .' II: \' ,'> , " ; i / 'oM ,:;;r;l/it,': .,- ;~;',*-r.:-WilclfJowers / ;' (S:i '),.~ I
1/' r I I'1'lJ " ,,!0/.I'f.t'~ ' ,,,I.', . cYI \ , '
". ;'/"'1 i' ( .1 'T: ' 1-.. ,"~r..;' ,.. / ,'l'I//:';;il~' ~ ~' : '::':'\";"1'1 .~,~~~~~' / " ,'II",~ !(.II
"-I I -' / I I on;tls1IiilI l I, h, \.... '~lhJ , "'l' ~. II .
I;j'r,.l ~ '(, 1 'I 1 [ ", '....,; "li' < /'\11' ~,,~{ ,'~i!i:/,'''' , " -r- Hikft'an 111 I
" f" ,\, ,,/ pv~r,110*( \ ,II ~",' n' " , T6Vjer: ( : :/;.;!;\ I,' ,^ '-' \: ;;fj~~.1,~ ,.t ~ik8 TFail / ~'i .
" ; !l !pa....ing FlIf 51 t:;at I ,." / , I I: IV,}' It' fi' - . ~'f'~}~::'?i'1.;::) /, ," . t'fl1.1
,,~:::'~ \ \ II'" 1'1111", I ,J r L,' : ; l.,!./i'h"Ct:H1 ' " ~r;. ;t!l'f!'~r;;t;r~:-*;' ',;,-.-'::..L.-I.; l~':j,\('" )'1 fir
LV) ,'. ' 0:- ~ ... I, '. "''I; --::-' (RJ f"f'r'"i'l ~\" '.1e~"{'; ) ,l 'I' 1:-<-: '<.<", - ;-, I~
~~)" ~':' ~c&)T!"~\ ~\ " '.. ":~I'::,:'~i~"4*"'Ci'-"~',f:$>,""f;V' }, ,t '1\1' ''':,'.J-.,/ I ~'a' /AJ)~'<~:-'~:~-!~1
.-r~~~,~ 1-: 'J \:'ii \~_J "<,"....' "'..." - J. - -""":~,: - "'-"5d, '/-'-:~r j i ~.,\ /t.:) I ,t l' Bas tb II . a I,' ~\ ffit' \~~ >>/<';:,'Afib! ...
'Q .~--'-"~-",; :....-" ,'I ~~,:~~,::2:;j.,\!.,;--f' I"~ P 1.'1' ) 'COI"~, ' ~ll/ :. (",;;,,1,/:/;:' l
~;~:;":e.I~.__,, ~l\~\~f>-~ ~ ~+'!1 ~~.;. J. , " iilJ ,< ,:' , , ,,/~:YJii(i': '
~'a~IV 'I, r~ ~} it::-'it \: i7.f9 ' , .' '1":I'I/'I'il:;111';:~' 'tJ .it; 6/1'~I'I:{j'lfl~i1--.-.r';:Fir?::;;:~)'~II' I'
_ ^-..." ~ ,1\\':':..//1"1 \_1. ' II! 1,'1 11. f li~' '~,r, ,;I';} J 1,-'\.iJf!i' L-['" ,/ \ -,:;
: ""'....Ic;:.~, Pole Barn ,.' ','2,~-<,' '(:"\'1-_ ~,. ,; " I ,p~r"!,,gvF G 1~" o/ar~i,' ,; :' " I :.. 71:~"!" , , ' 'II I
tCenter ' _ " 'fi)-",',. >:,o<,~,IRell<lv,:~ ,,.-r l' I: I '{I' 1:1' VI(17} I :':: I " , : ,i.. 'il . I:
(. ;. ~ "'" ~. .... V n~~ ~' , . , ' fN:' , ' '!tl.
.' ' " \,1. "--.')? :"{:~ ,."::~,-'.:::":'t ,,' " , ,',' '., '" '~~":{'f l . rPi l
: I~.~, .' '" "1:1 1~: ':'. -- ~~::::.::~j '~." ~ ~' ; " , u .- . ~ '(wi;:;; ~;;<<:! ! 0,1:
( .,~ ,""I (l<-~'}~'k""--"'------~ I , ..~ =t:',&t' \ ,\\\,1 II
(I ' ; / \ il'" ' ,:",;':$. ")\, ", I' - -, ~ -. :Sli;~.( ,I" ,', ,:, ( -+-.~' \-'-\1\)'1' I \ :1
" ~ \ I ". J( , '!.,;~~._,/ I - ~_ . . - - __ ,':l....' /'';: " " /','~ { I I \ " ~\" I I
,1(, ,,)/'.,; >,.' ~...,~~,= -'_ 1, ( )!,,' , . " tl ,'" .', I" I'
"I I')' "~ ""~--"',..,.:h;:~'~~-:' (-,~-~;.:~. . , . : "I: , "~,'~ I '
II,,~, -r~", :',',,"--:.: '(~~'~f.;~:4-.. . H' 'I:' .\JF,pi.,./ ~'-), ',,'(1 }I'
, \~ \Ij """'" '-..'~f / ~ ~~'.:_-~~:i:>-- _ _~ .. 9J/~ . .. - . _"::..;.,,..w;/ /111111 I ~,-~" ~ f r -1,
Iw.----\J\(;!""',/'" ,~ ~~0-'t~ - ..,_.....' "_./495" vilio - --./~ ", '~_(II!lll ' J}" .
.. .,," ~, ,",.' , .'..~' 'l'r'll ( '/J' '~'.""'''''~._' /.... /' '1,//, ,If 'I"':' ';'1 l
I~I If" .-.....;;-...--(Q-~.}-. "., ,~ - //-"jI11/1/"I' 7'1
,.:~~ ;\\11'i,'.:P1~f~~" ,I,' -/ ; . I'Y;//'--~-~-_'_-'/ --_~/ '11',',~///,'.-1I:'lj I:.,
! ~;il\1 : ~ "'I ~ C ,<:..))(~ '1'~,ll' ,,- - r / . ," ,,', ,(..- ';:'-:': ,'-,~ " ",,' r tIV~/ '.' \\,\: ( , ,1;Q;i
': ~:I; l!il!nt",~'>':11""- ,----,' '.nU':A~/ / E'<'r'--'/ ,), ',f~',?': 'I,~i\\:i ,(01',
'1,'/'': ,:1/:/1,),: . 'W ' .' 7' /. ,/ ,1':1 1/111"1'\. I'I~A~ ['I" ~ " .
"" '-I 'I-.;' " /. "V ,,' /. ' ~I ' t' . ,~.,,<
:1,'/"11 ~,fi.: "~>"" ___' _' .. .": " /..' I, \1 l, ;'fFishing, , !
, ! r ....-If}\)' ~,",',f-...j ___l,l_~~~-=-_~~, / ',~ 11 I \!,' d ,./ l/1 ,I ~ '(~'" Pier ;~'P" ,_ 1
, I: I'I'~~ \~,':,.J"> ,~'" l'f" .' Y ~~I~~~' - " '":~ ~:<'~,~ "
.. I f""'f~\"; . ,-., 'f" ',- /' '\/" \~" < '\'" ,.'1:'.-
, ,), :\~Iil:"i-~'~'" "~""'- .','-'"'-:', =/" ,-:.z':, y",'."". ' -/1,';" ..":::;;-d:?'1!/!'
II ,1;\.,1 I,) ,,'=-' ./. i /"".. "..V';/ .Ff, '" >0'''11
JI j \. , 1', \, 'I ~= , " - - . ,_ . -' I \ I - -~, '- : ,..(I, ,',1 ,,', i '''~-!1' \ ~~
.'\\~""'\ \)( "':', ," - 1/,. -,'" -', I~I, ,,' ,~':I" / /'1" '\:
, ", .' f "V"" " . ~ ~ ' ".'", 'LJ II '",
, f1\{"~ fo\'1~' , ",' ~'~ ;...., , ./ ~. ',/1 ,/':' ,/. '.:1; , , K\:\"~ :'i:, .. 1'1 ~
I\'\~-'-;("~\' __, '!'/EistI9., '\. . ..,.';/:':'7 i:Jri: ""I'.\~'g!'/ "n.:'/J'U.9rr~:~';1
'. \)\F-<~in 1 'ly..) Lt~e-" 'on ./ .'~'~~:"" ,>:,' , . ~~J~\," /:il ,.: I'.(jl
1, X f", ( .. .'1r', \. " ;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'.
I
>.l/l
"=' I::
o .Q
~:==
1::-0
<<l 5
(L ()
ZOl
f-E(\)
E .~ "=' c'!.!
e(\)U)o::o
";;;E5iict
~~cro.r::.
~ c l6 fr:s:
::J 0 ID .... >
U) ~ 0l(L~
(\) - 0 c..::
::0 '00 -l ..!l1 lj::
E .- (\) (L 0
c (\)>1ii (\)~
,Ql l:l ~ g ~ ()
:(l<(u)-lID~
o N(')'<tl{)
(\)
0::
:J
l/l0"'ffi
~..co
OQif-
I a. ....
~~~
............ B
)) C:
U~
:}::}: u
..:.....:....~
}}al
l/lO
"'ffi(L
'u 0
~1;;
o I::
(\) III
-ga::
o ....
I:: (\)
.~E ~
:{l 3: ::;E
o 3: (\)
>. ,!!1 c
roiU~
,!; a::: a:::
.1; ~ N
Qj
0::
<D~'<t<D<D<D<D
'<t
CXl<DCXl'<tCXl'<t'<t
Ol
I:: l/l
:s2 c
.... 0
~(\):;:;
L.L Ol III
-0 III >
C I:: ..!!1 5 III
1Il'16 Will:;:; ~
~oO/l (\) ~<(
c-o c~ 5>:{l
Wffi~-o<';:E
"6 S 5 III
::J ,~.~ e 0 (9
o-o=~-g:J
~ ~ 1\J..!l1 0 0
-l(9 (L(L(L 0
<DCXlCXl<D<D~N<D'<t'<t'<t
NNNCXlCXlCXlN'<t'<t~'<t'<t
~
9
o
(') l/l
JI '5
::::. ~
I:: ..!l1
III -0
0.. I::
.~ ~
ro,,+-Q)
.... 0 E
iil l/l a.
~ ~'~(\)::J m
2 ~
'00] € t
"'ffi!?3: 5
Qi..!l1-o 0
> c I::
o (\)::J ~
a.a.e51'
..Q ..Q ~;;: :;:;
~~..!l11\J:;
~~(L(L::;E
(')'<t
~
(\)
Ol 0
~2a:::
-0 0l1ll<('5 Ol
5cnE(La.E
(L ~ ~ ..c: .!; (\)
-oc(\)~9~
ffiWiill/l~ ()
~05(L=
.!!1 l6 0 '00 2 -g
(L(L(L:{l~(L
0la.::;EU) 0-0
,!; ..Q (\) ~ a. I::
..c: (\) I:: .... (; 0
,~ a; ~ 0 () ~
u..oa:::~EU)
l{)<DI'-CXlCJlO
-0
l6
o
ID
()
(\)
a:::
-0
c
III
~
I.,..... '0
III I::
(L ::J
(\) 0
=0
::Js,>.
a.(\)"='
.!; '0 0
(\)0:6
1ii ..c: '~
0:==
e- ~ ~
8 al '~
E::;Ea:::
0
0
c:i
<D
r-:
N
ffl
0
0
c:i I
l{)
0
ffl ffl
0
0
ui I
(')
0
ffl ffl
0 0
0 0
l{) 0
N l{) ~
N N
N N
ffl ffl
0
0
ui I
CXl
0
ffl ffl
00
00
00
l{)(')l{)
CJl.
'<t
ffl ffl
:J
~~"'ffi
0,,-0
I ~I;:::
"'ffi (\) 0
o1ii~
f-a:::-l
~N
~ ~
l{)
o
o
N
(0
N
05
l/l
~
"'ffi
l/l
o
a.
o
....
(L
(\)
(\)
u..
~
....
<<l
(L
I::
o
l/l
Qi
..c:
(L
()
::;E
o
:.c
~
W
::~::
..~..
;
a
ffi:
...$..
<Xl
U"l
0
0
N
0 0 0 (0
0 0 0 N
0 0 0 en
t-- <Xl 0
U"l. 0 (")
..- ci N
(") t--
(fi (fi (fi
0 0 0 0
0 0 0 0
0 0 0 0
co co U"l 0 0 '<t U"l 0
<Xl <Xl N '<tN (") t--.
(fi (fi (fi (fi
0 0 0
0 0 0
LC'i 0 LC'i I
co (") co (")
<Xl 0> ("). 0
(")
(fi (fi (fi (fi
0 0 0 0
0 0 0 0
U"l 0 U"l 0
'<t N U"l ..- N 0 U"l 0
N <Xl'<tCON co '<t <Xl <Xl N ..-
N .,f
(fi (fi (fi (fi
0 0
0 0
LC'i I LC'i I
<Xl <Xl
0 0
o
<Xl
'E
I CO~<Xl'<t'<t<Xl~g~<Xl<XlN
....~..
:.u:.
ga;
~ ~..;i..
nl ~>>
P (L. _lit..
- g ~..~.
~ ~ ~............
~~~I ..-<XlN<Xl'<tN'<t'<t~<XlN..-..-CONN
:2: ....,..,lS.:
zit
..~..
i
0-
o
E9-
ti
e (1)
c w
o ~
cO lii
<Il 5 :;
O:::.(jj U
m e B
liiwo :E
.~ 0 u
ro e E9- -<
(1) e ::2: .!!l m (1)
OI<Il ll..5""-
~o:::~ 'U,"~
'-'- go::: Q)
%.~ ~ ~ ~ '6 ~ 0 'E
............ ~ 8 ~ j ~ :5 <3 8
:: lii ..- N (") '<t U"l co t--
:.:...:...:. e
......:..:.:LL
(fi (fi
(fi (fi
00
00
00
0(")0
o o.
(")
00
00
00
co(")<Xl
U"l "!.
t--
NN(,,)N'<t~<Xl'<t
(fi (fi
(fi (fi
m
e
<Il
0:::
E
o
LL
(j) ~
Q) me
~ lii -g ~o
-- ~ co ~
m ~ 2 ~ m > E .~
'<t '(ij U 2 e a; E "
(1) Q) 2 (1) .Q (1) .- 0 0
rooU50 ro roaJOo
.~ " :6 -g ffi .g E ~ 3: 0
(jj e .- <Il O:::'u "" .E. .!!1 <Il
w<ll3:e (1) ~~~;
e ~ e e <Il B 0.. . -'E
~ ~ .~ ~ 0::: (j) (f) ~ 00 "* .0
01 -(1) (1) e'" e lii u<ll 0 0 - '-0 (f)::J
.~ 0 0 '6 0 u ~ a (1)
~ ~ ] g ~ ~ -5(1) ~ .~ ~ ~ ~
ll..Zll..Ot:WI-ZCC(f)~~
<XlO>O..-N(")'<tU"lCOt--<XlO>
~ ~~~~~
2'
'(jj
'5 e
u o.Q
Q) ~Q)
<Ii 0.. Ci..
" ::J E
e :i: 0
e~ .QO
0"2 01..8]]
!5 e(1)"e
~c ilu>S2
w .Q (1) 01 'u m
'c ro ::2: 3: m .0
'E e e " 5 ~
,,'6 00..""_
<(0 OU<ll
eOOlg~-vi~(jj
.Q 0 ;:;:: ._ - _ m :.::i
uOI""'5i~~oS.r:.e
~~]g8~E-gg~
e-ID"ID <Il::J(1)
o in '- .- '- .0 m ll.. 0..
o lii ll.. Ol ll.. Vl 1i5 0.. m
" Q; " "" .'-.Q oS
eeeeem>(1)lii
coQ)~~~LL~~C
g(9<(<(<(CC(f)ou:::
'6..-N(") '<tU"l cot--<Xl
"
CD
:;
mOlii
:,.c:o
0(1)1-
I 0.. '-
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 -