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Home My WebLink AboutCity Council-Agenda Packets-5/2/2006 . 'l'bxO,\';' City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Mayor David Kelly and Mayor Pro Tem Jon Ayers Councilmembers George Boll, Tony Licata, Rich Hendler and Tom Hart Tuesday, May 2, 2006 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Update and presentation of Fire Station construction project PC-2. Update of McPherson Park Master Plan Phase I PC-3. Discussion of activities and expenditures for the 50th Anniversary Festival PC-4. Discussion of the May 2, 2006, City Council regular agenda items REGULAR MEETING 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 - Legal - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Brian K. Meroney Vs. City of Colleyville Sec. 551.071 - Legal - George Hencinski and Rose Mary Hencinski vs. David C. Banning, Tamara S. Banning and City of Colleyville, Texas Sec. 551.071 - Legal - Potential Litigation - Marketing Management Incorporated, Professional Services, Inc., (MMI) and Citizen Centric Solutions (CCS) Sec. 551.072 - Property - Deliberate the purchase, lease, exchange or value of real property City of Colleyvil/e Page 1 Printed on 4/28/2006 City Council Agenda May 2, 2006 Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Sister Dorothy Eggering, Good Shepherd Catholic Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-06-2692 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PROCLAMATION - In recognition of Covenant Christian Academy Lady Cougars Basketball TAPPS 2A State Championship, Head Coach Ray DeBord PROCLAMATION - In recognition of Colleyville School Nurses PRESENTATION - Life Saving Award to Colleyville Firefighters Robert Simpson, Kenny LaMar, Lt. Mark Pope, David Majors, Nick Cushing, Lt. Torin Johnson, Michael Whiteside, James Gardner, Robert Stewart, Nathan Ballard and Colleyville Police Officer Todd Hildebrandt - Fire Chief Michael Johnston 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2693 4a Approval of minutes of the regular City Council meeting of April 18, 2006 4b Approval of a construction contract with Advanced Paving Co., for the Roberts Road resurfacing improvements, in the amount of $53,427, and authorize the City Manager to execute the contract 4c Approval of a construction contract with Mart, Inc. for the McPherson Park Demolition, in the amount of $59,125, and authorize the City Manager to execute the contract City of Colleyville Page 2 Printed on 4/28/2006 City Council Agenda May 2, 2006 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-06-1571 Approval of finding that the existing natural gas distribution rates of Atmos Mid-Tex should be reduced; ordering Atmos Energy Corp., Mid-Tex Division, to reduce its existing rates within the city; adopting specific new rates R,T&C and ordering all rates, service charges and tariff language not inconsisten with Attachment "1" to remain operative except that all Gas Rate Infrastructure Program (GRIP) surchares shall immediately cease; and ordaining other provisions related to the subject matter hereof 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-06-2694 6b R-06-2695 Authorizing the City Manager to execute a Gas Standing Steering Committee Participation Agreement Approval of suspending the May 30, 2006, effective date of the proposal by Atmos Energy Corp., Mid-Tex Division to implement interim Gas Reliability Infrastructure Program (GRIP) rate adjustments for gas utility investment in 2005; authorizing participation with the Gas Standing Steering Committee in a review and inquiry into the sufficiency of the filing and the basis and reasonableness of the proposed rate adjustments; authorizing intervention in administrative and court proceedings involving the proposed GRIP rate adjustments; requiring reimbursement of reasonable legal and consultant expenses; and requiring delivery of this resolution to the company and legal counsel 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Planning and Zoning Commission Minutes - April 1 0, 2006 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 2, 2006 - Reading and Public Hearing - Resolution R-06-2696 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, April 28, 2006, by 5:00 p.m. City of Colleyville Printed on 4/28/2006 Page 3 City Council C~ngleton, 'TRMC City Secretary Agenda May 2, 2006 ~ 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. City of Colleyvil/e Page 4 Printed on 4/28/2006 ~:~t~~~(: City of Colleyvi lie Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Controlling Body: City Council Final Action: Version: 1 Agenda Date: 05/02106 Requester: Parks and Recreation Agenda No.: PC-2 Department File Name: Update of McPherson Park Master Plan Phase I Attachments: McPherson Park Phase I Presentation History of Legislative File Version: Date: Acting Body: Action Text: 1 05/02/06 City Council Title Update of McPherson Park Master Plan Phase I Explanation This item is provided as an opportunity to update Council on McPherson Park improvements. Staff with the consulting design firm of Newman, Jackson, Bieberstein, Inc. will present an update. 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. On October 1, 2002, the City Council approved the McPherson Park Master Plan. McPherson Park is a 27 acre tract in the northwest quadrant of the City. Fire Station 3 and some Parks Department maintenance facilities are located there. The overall development of McPherson Park will be completed in phases. Phase I features include unstructured open space play areas, a pond and fishing pier, concrete parking for 150 cars, basketball and sand volleyball courts, a pavilion, playground and concrete hike and bike trails. Phase I design work is 50% complete. This phase will be completed in Fall 2007. Phase II features include Park Service Center improvements, hike and bike trails and a pavilion. Phase II design process will begin in 2008. Phase 11/ features include a large group pavilion, tree farm, playground and picnic area. Phase III design process will begin in 2009. Phase IV features include restoration of the rock house. The first public meeting was held in Fall 2005 to discuss the McPherson Park Trail and Phase I development of the park. There were approximately twenty-five residents in attendance at the meeting. The residents asked details about specific locations for the parking lot, picnic areas, entry drive, etc. Karl von Bieberstein of Newman, Jackson City of Colleyville Page 1 Printed on 4/27/2006 Agenda Briefing Continued Bieberstein, Inc. mentioned that he would incorporate their comments into the plan. The second public meeting was held on April 3, 2006, with approximately a dozen residents in attendance. Karl von Bieberstein of Newman, Jackson, Bieberstein, Inc. provided an update on the project. The citizens were very complimentary of the plan and the progress, especially incorporating the public input from the last meeting. On April 3, 2006, Karl von Bieberstein also met with the Parks and Recreation Advisory Board to give them an update of the McPherson Park Master Plan Phase I. The Board members were also complimentary of the plan. This property site was formerly a dairy farm which has several existing structures and debris piles. The demolition and removal of various debris and buildings is scheduled for Spring 2006. The existing play equipment and several dairy milking structures are being retained for further evaluation. Evaluation will include ADA accessibility, cost effectiveness and viability in park programming. Construction is scheduled to commence late Fall 2006 with construction being complete in time for the park opening in Summer 2007. 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'rbs3'io City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Requester: Communications Department File Name: Discussion of activities and expenditures for the 50th Anniversary Festival File Type: Pre Council Agenda Date: 05/02/06 Agenda No.: PC-3 Status: Pre Council File Number: Version: 1 Controlling Body: City Council Final Action: Attachments: 50th Anniversary Festival Council.doc . 50th Anniversary Festival preliminary budget March 3, 2006.doc . 50th Anniversary Marker copy.doc History of Legislative File Version: Date: Acting Body: Action Text: 1 05/02/06 City Council Title Discussion of activities and expenditures for the 50th Anniversary Festival Explanation The Historical Preservation Committee has planned a 50th Anniversary Festival to celebrate Colleyville's 50 years of incorporation. The festival is scheduled Saturday, June 3, 2006 in The Village at Colleyville. The Colleyville City Council previously designated $50,000 to fund 50th anniversary events. Additional funds in the amount of $11,500 were allocated from CEDC funds for entertainment at the 50th Festival. The festival will have three components: a community parade, dedication of Heroes Park, and festival activities during the evening. Ancillary events include the Lions Club x-Sightment Run (starting at Colleyville Center), a Koi Show at the Vineyards Antique Mall, and the Colleyville Old Tyme Barbecue Cook-off. Community Parade: Requests have been sent to community and civic organizations seeking entries in the 50th Anniversary Parade. Entries with a 50s theme are encouraged. Dedication of Heroes Park: The Historical Preservation Committee has submitted three honorees for this year's induction in Heroes Park. The inductees are Colleyville fireman Robert Wayne Bufe, who died during a training exercise; Officer Dennis Harrell, a Colleyville reserve officer who died in an automobile accident; and Mr. Bobby Fitzgerald, honored for his personal commitment to preserving Colleyville's history. Festival: Activities will begin at 4:00 p.m. and include arts and crafts, children's activities, a Colleyville marketplace, cooking demonstrations by Colleyville restaurants, and 50s-themed activities-such as Leave It To Beaver Lane and a hula-hoop contest. The main entertainment, Cavalcade of Stars, takes the stage at 7:30 p.m. with impersonation artists that span the five decades of Colleyville's history. Festival activities close at 10:00 p.m. City of Col/eyville Page 1 Printed on 4/27/2006 7:00 a.m. 10:00 a.m. 10:00 a.m. 10:30 a.m. 11 :00 a.m. 11 :30 a.m. 4:00 p.m. 50th Anniversary Festival Colleyville, Texas Saturday, June 3 Ancillary Event Lions Club Run. Colleyville Center Ancillary Event Krazi for Koi Show kicks off with a 50th anniversary pond and the official KOI-lIeyville commemorative fish. (The Pond Store parking lot.) Parade participants gather Parade begins: 50s-themed parade winding through the streets in The Village at Colleyville, ending at Heroes Park Hometown Heroes Park Dedication Dedication ends Barbecue lunch available at Colleyville Old Tyme Cook-off (in parking area south of City Hall Car Show Vintage fire truck display Festival activities open Leave it to Beaver Lane An obstacle course that would make June Cleaver proud. A day in the life of the 50's most revered mom. Set the breakfast table, make lunch for the kids, catch your favorite soap-don't forget to change the channel, shop for dinner, make a cake, put the roast in the oven, and put the kids to bed. A beat-the-clock event, aprons and pearls are provided. Prizes are 50s fabulous. Individual competitions, relay teams, and couples events-watch out for role reversal. Weenie DOQ Races Hula-Hoop Circle Not so 10nQ aQo... Historical displays Children's Area Bounce Houses Pony Rides Petting Zoo Train rides Collevville Marketplace Put it on the Grill Cooking demonstrations presented by Colleyville restaurants Sack Races Library - 50s-themed arts and crafts Hot Air Balloon - Glow 7:30 p.m. - 9:30 p.m. Entertainment Showcase - Cavalcade of Stars Fireworks finale pending site location and determination on burn ban. Entertainment Stage/lighting/sound specifications) Fireworks Ads/Promotions Fencing & Equipment Games/Equipment Children's Area (petting zoo, bounce houses, etc.) Rentals (lights, generators) Decorations/Sig nage Electrician Total: 50th Anniversary Festival Preliminary Budget April 7, 2006 $25,000 8,500 estimated (cost may change depending on $5,000 (existing contract with Pyrotecnico) $2500 $2000 $2000 $3000 $7500 $5000 $1000 $61,500 City of Colleyville 50th Anniversary 1956 - 2006 On June 3, 2006 the city of Colleyville celebrated its 50th anniversary with the dedication of Heroes Park. The park commemorates those who have given to the Colleyville community- from those who have given their lives in the pursuit of freedom to those who have given quietly of themselves for the benefit of current and future generations. The people of Colleyville honor and remember their heroes. Incorporated January 10, 1956, Colleyville's roots date to the 1850s. Colleyville's early settlers made their living from the land, establishing farms, vineyards, and orchards in the rich Texas soil. Early communities boasted names such as Spring Garden, Pleasant Glade, Red Rock, Pleasant Run, and Bransford. Dr. Lilbum Howard Colley moved to the area in the 1880s and became such a prominent citizen in the area that present-day Colleyville was named for him. While the early communities have almost disappeared, Colleyville prospered as a rural farming community well into the 20th century. Starting in the early 1990s Colleyville experienced phenomenal growth. Rural farmland gave way to development as the city's location and natural beauty attracted people seeking a lifestyle that combined small town ambience with big city aesthetics. On its 50th anniversary, Colleyville continues to emerge as one of the premier cities in North Texas and has been nationally ranked as one ofthe "Best Places to Live in America." The city and its people will always honor the city's history, heritage, and the spirit of those who shaped the community during its first fifty years. Dedicated 2006 David Kelly, Mayor Jon Ayers, Mayor Pro Tern George Boll Tom Hart Tony Licata Rich Hendler Historical Preservation Committee Joe Deupree, Chair Gerald Hartman, Jr Mark Johnson Lila Coley Ed Havran Richard Warner Nelson Thibodeaux Sammie Bolling Charles Hewitt Jacquelyn Young City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 WW'W. colleyville. com File Number: File Type: Pre Council Status: Pre Council Controlling Body: City Council Version: 1 Agenda Date: 05/02/06 Agenda No.: PC-4 Final Action: Requester: Office of the City Secretary File Name: Discussion of the May 2, 2006, City Council regular agenda items Attachments: History of Legislative File 1 05/02/06 Acting Body: City Council Action Text: Version: Date: Titl e Discussion of the May 2, 2006, City Council regular agenda items City of Colleyville Page 1 Printed on 4/27/2006 City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 WIIffl. colleyville. com File Number: Version: 1 Requester: Office of the City Secretary File Name: Executive Session Attachments: Executive Session Resolution R-06-2692.doc File Type: Resolution Status: Resolution Controlling Body: City Council Final Action: Agenda Date: 05/02/06 Agenda No.: 1 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/02106 City Council Explanation Sec. 551.071 - Legal - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.072 - Legal - Brian K. Meroney vs. City of Colleyville Sec. 551.071 - Legal - George Hencincki and Rose Mary Hencinski vs. David C. Banning, Tamara S. Banning and City of Colleyville, Texas Sec. 551.071 - Legal - Potential Litigation - Marketing Management Incorporated, Professional Services, Inc., (MMI) and Citizen Centric Solutions (CCS) Sec. 551.072 - Property - Deliberate the purchase, lease, exchange or value of real property Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyvil/e Page 1 Printed on 4/28/2006 City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 05/02/06 Requester: Fire Department Agenda No.: PC-1 File Name: Update and presentation of Fire Station construction project Controlling Body: City Council Final Action: Attachments: Fire Station Contruction Project with Fire Stations Number 1 and Number 2 Floor Plans and Evaluations History of Legislative File Version: Date: Acting Body: Action Text: 1 05/02/06 City Council Title Update and presentation of Fire Station construction project Explanation This presentation is provided to update the City Council on the progress of the fire station construction project. Since the February update, the elevations and floor plans for both facilities have been completed and they are attached for your information. The design development phase is near completion with construction documents expected to be complete in early May 2006. It is anticipated that bidding from subcontractors will be complete by October 2006 with construction to begin later that month. The estimated time for construction is eighteen months. Financial Impact The Finance Director has determined that there is no financial impact on this item. City of Colleyville Page 1 Printed on 4/27/2006 FIRE STATION CONSTRUCTION PROJECT Fire Station Cp~ . Proj~ct Update tomyCouncil Mayi, 2006 Budget Forecast . Fire Stations . Warning Sirens . Total Construction Schedule Anticipated Completion: Construction Documents -A Document Bidding Phase~ Late Sep Anticipated Construction P~ase: Construction to beginL October 200 Construction Complete - February ~ REVENUES . 2005 Bond Issue . TIF District Allocation . Park Land Acquisition . Park Access Road . Total Balance Sheet . Total Revenues: $5,596,58 . Total Expenses: $5.3.66.370 . Difference: $/i 230I218* .. . ~ Recap: Long Range Plan . Strategic Placement of Fire F . Current response time 3 fire stations ~ . GIS Scenarios of Response Tim . Current placement of stations - c sites . 1 -.:- =It Zz Q<( I-..J <(0.. I-w (/)1- w- o::(/) - LL ~ =It ZZiJ 0<( _-J ....0.. ~I:t:: (/)0 wO ",-J ~u. U. r---------. I I I r-' -- - -- I I I I I I I .J /-;;-:::-:... /// . i J r\; ~F.;;,F. ~r\; 'M; c;-E ltj",--,,'i: '''tj' -;)1;~.~.. __'~_ ; . U'U' j;;j,D po"~ t. "'to t' ,: ...,,", J 'tf'i::r , L. ,-, \\ \\ ':" * '<::~ ~;.--::) , ^ '-..>-.;,'_./ ~'~-/) ^ ^ '->-:/ I '- I I I I I I I 1 1 . 1 +_J I I I I I _.-.... -, ___..J---- .. . ... ., .1 t I I I ,J ~-o ;b .~h ~O '{5~"" ~'O ~ ~p ~ . ~ H) IP~P~.O ~ 01 fb ~b ~J).~p~....., ~ 0; ~b ~-Oi-.J' ~J) ~p 10. -'<:;. N =ltZ Z<( O..J j::Q. <(0::: .....0 U)o W..J O:::LL - LL r--- I I I :00 I I I I I --------------------l I~l~,! I~I I ICOI!JI : ICOI!J11 i 1rt=iFh I 1Lb!!JJ I . I r------1 I I I-~ i I I I I J LJ -------] o om I I I I '. I I I I I I I I I I L______ ----~ , '-----1 ! I I I I I I I I I I I I I I __J I r I I I I I I. I I ~----------------------~ RESOLUTION R-06-2692 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MAY 2, 2006 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 BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2006. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor cee -"e",,~'';' City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Presentation or Proclamation Status: Presentations or Proclamations File Name: Office ot the City Manager Correspondence, Reports ot meetings attended by the Council and City Officials and Announcements, Proclamations or Presentations Agenda Date: 05/02/06 Agenda No.: 3 Controlling Body: City Council Final Action: Version: 1 Requester: Attachments: Lady Cougars State Championship Proclamation.pdt. School Nurse Day Proclamation. pdt History of Legislative File Version: Date: Acting Body: Action Text: 1 05/02/06 City Council Title PROCLAMATION - In recognition of Covenant Christian Academy Lady Cougars Basketball TAPPS 2A State Championship, Head Coach Ray DeBord PROCLAMATION - In recognition of Colleyville School Nurses PRESENTATION - Life Saving Award to Colleyville Firefighters Robert Simpson, Kenny LaMar, Lt. Mark Pope, David Majors, Nick Cushing, Lt. Torin Johnson, Michael Whiteside, James Gardner, Robert Stewart, Nathan Ballard and Colleyville Police Officer Todd Hildebrandt - Fire Chief Michael Johnston City of Colleyville Page 1 Printed on 4/28/2006 roclamation CITY OF Colleyville, Texas WHEREAS, our children are the embodiment of our faith, hope and belief in a brighter future; and WHEREAS, the physical, mental and emotional well-being of our children is paramount to their growth, development and education; and WHEREAS, Colleyville school nurses are dedicated health care professionals who work to advance the professional practice of school nursing in ways that promote each student's optimal level of wellness and educational potential; and WHEREAS, in addition to providing for student's immediate health needs, school nurses continually promote healthy lifestyles and provide health and safety education to students and staff; and WHEREAS, Colleyville residents are encouraged to promote the good health of our students and recognize school nurses for their contributions to the health of our children. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, do hereby proclaim May 10, 2006 as SCHOOL NURSE DAY in the City of Colleyville and encourage our citizens to join me in celebration and recognition of the contributions of nurses. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 2nd day of May 2006. ;(\?~~~ Mayor ce1e l"exeS RESOLUTION R-06-2693 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF MAY 2, 2006 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 April 18, 2006 b. Approval of a construction contract with Advance Paving Co., for the Roberts Road Resurfacing Improvements, in the amount of $53,427, and authorize the City Manager to execute the contract c. Approval of a construction contract with Mart, Inc., for the McPherson Park Demolition, in the amount of $59,125, and authorize the City Manager to execute the contract AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ON THIS THE DAY OF AYES, NAYS AND 2006. ABSTENTIONS ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor ~ ':", c ~~.".": ......."l'&...~....,$;< {l...J?1:i( ....... :'. :~~i.~~: : '-r~~;~~~: City of Colleyville Agenda Briefi ng 100 Main Street Colleyville, Texas 76034 (817) 503-1000 WNW. colleyville. com File Number: Version: 1 File Type: Resolution Agenda Date: 05/02106 Status: Consent Agenda Requester: Office of the City Secretary File Name: Approval of minutes of the regular City Council meeting of April 18, 2006 Agenda No.: 4a Controlling Body: City Council Final Action: Attachments: Consent Resolution R-06-2693.doc . April 18, 2006 City Council Minutes History of Legislative File Version: Date: 1 05/02/06 Acting Body: City Council Action Text: Title Approval of minutes of the regular City Council meeting of April 18, 2006 city of Colleyville Page 1 Printed on 4/2712006 MINUTES OF THE CITY COUNCIL MEETING APRIL 18, 2006 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 18, 2006, at 5:34 p.m. ROLL CALL: Councilpersons George Boll, Rich Hendler, Tom Hart and Mayor Pro Tern Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Finance Director Terry Leake, Public Works Director Steve Chutchian, Economic Development Manager Scott Welmaker, Parks and Recreation Director Monica Walsh, Communications Manager Mona Gandy, Management Assistant Brian Chapman, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilman Tony Licata was absent. PC-1. Update of Keep Colleyville Beautiful Mr. Roger Nelson, Chairman of Keep Colleyville Beautiful, provided an update of the organization's structure, programs and events. Mr. Nelson announced the celebration of the City of Colleyville designation as a Keep America Beautiful community will be April 27, 2006 at the Colleyville Center and that the City is the kickoff location for the Don't Mess With Texas campaign beginning April 29, 2006. Mr. Nelson expressed appreciation to the City Council and staff for support of the Keep Colleyville Beautiful program. PC-2: Update of the FY 2006 Mid-Year Budget and FY 2007 Budget Direction Mr. Steve Johnson, Area Manager, TXU, provided information regarding the rolling blackouts, which occurred in the City on April 17, 2006, and answered questions of the Council. CITY COUNCIL MINUTES APRIL 18,2006 Fire Chief Mike Johnston presented information regarding action taken by the City during the rolling blackouts and answered questions of the Council. There was general discussion regarding TXU's notification process of the rolling blackouts for the City and methods of notifying citizens. City Manager Bill Lindley provided an update of the FY 2006 Mid-Year Budget and FY 2007 Budget Direction and answered questions of the Council. There was general discussion of the City Wi-Fi network and scope and the cable channel updates. PC-3. Presentation of the Monthly Financial Report - March 2006 The meeting was adjourned prior to this item being discussed. PC-4. Presentation of the Quarterly Investment Report The meeting was adjourned prior to this item being discussed. PC-5. Discussion of the April 18, 2006, City Council regular agenda items The meeting was adjourned prior to this item being discussed. There being no further business, Mayor David Kelly declared the Pre Council meeting adjourned at 6:40 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 18, 2006, at 6:50 p.m. ROLL CALL: Councilpersons George Boll, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Police Chief Tommy Ingram, Public Works Director Steve Chutchian, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Community Development Manager Barry LeBaron, Management Assistant Brian Chapman, AudioNisual Intern Andrew Sylvestor, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilman Tony Licata was absent. 2 CITY COUNCIL MINUTES APRIL 18, 2006 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.087 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Brian K. Meroney vs. City of Colleyville Legal - George Hencinski and Rose Mary Hencinski vs. David C. Banning, Tamara S. Banning and City of Colleyville, Texas Legal - Potential Litigation - Marketing Management Incorporated, Professional Services, Inc., (MMI) and Citizen Centric Solutions (CCS) Property - Deliberate the purchase, lease, exchange or value of real property Economic Development - Discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay or expand within the City 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 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 6:51 p.m. and reconvened at 7:35 p.m. The invocation was given by Lee Johnson of Bear Valley Community Church and City Attorney Matthew Boyle led the Pledge of Allegiance. EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-06-2688 This Resolution was not needed. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE CITY COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS 3 CITY COUNCIL MINUTES APRIL 18, 2006 Mayor Kelly announced that on April 9, 2006, the Colleyville Woman's Club held the 12th Annual Youth Volunteer Service Award ceremony and recognized the following City of Colleyville youth: Andrew Sohn, Blakeley Guerriere, Caroline Guerriere, Jennifer Eklund, Samantha Ross, Sowmya Sunkara, Amanda Black, Annie Parkinson, Caitlin Morin, Christopher Morin, Cory Morin, Forrest Huddleston, Margeaux Dupuy, Randall Rousch, Katie Libonati, Hailey Starnes, Kristen Gelles, Kristin Bates, Nicholas Stephens and Kathryn Cotton. Mayor Kelly invited the community to attend the Police Department's annual Kid's Safety Fair, May 6, 2006, 10 a.m. to 2:00 p.m. at Albertson's, 4801 Glade Road. Mayor Kelly read the City Council minutes of March 13, 1962, as a tribute to the City of Colleyville's 50th anniversary. Mayor Kelly presented a Proclamation to John and Charna Gray, Clean Sweep Committee Chairs, in recognition of the Keep America Beautiful Great American Clean Up and the Arbor Day event in Colleyville. John and Charna Gray expressed appreciation to Roger Nelson, Chairman of the Keep Colleyville Beautiful program, Colleyville Area Chamber of Commerce, National Charity League, Kids Make a Difference, Teen Court, team captains and City staff for support of the program. Mayor Kelly invited everyone to attend the 20th anniversary of the Don't Mess with Texas campaign on April 29, 2006. Mayor Kelly presented a Proclamation to Becky Meadows, President and Carol Wollin, Promenade Garden Tour Chair, Colleyville Garden Club, in recognition of the Colleyville Garden Club Promenade event. Ms. Becky Meadows expressed appreciation to the City for the recognition and support of the event. Ms. Carol Wollin expressed appreciation to Mayor Kelly, Councilman Hendler and Christine Loven for their assistance and support of the event and invited citizens to attend the Promenade Garden Tour on April 30, 2006. Mayor Kelly presented a Proclamation to Becky Meadows and Carol Wollin, Colleyville Garden Club representatives, in recognition of the Colleyville Garden Club for landscaping projects at City Hall, Sparger Park and the Webb House. Ms. Becky Meadows expressed gratitude to Marietta Kane and Moira Brunken, Colleyville Garden Club members, City Manager Bill Lindley and Parks and Recreation Director Monica Walsh, for their assistance and support of the landscaping projects. 4 CITY COUNCIL MINUTES APRIL 18, 2006 CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-06-2689 - Consent Items: a. Approval of minutes of the regular City Council meeting of April 4, 2006 b. Approval of broker/dealer firms: Coastal Securities, Duncan-Williams, Inc., J.P. Morgan Securities, Inc. and Merrill Lynch for investment purchases c. Authorize the City Manager to proceed with the acceptance of the Public Utility Commission of Texas 2006 Consumer Price Index adjustment to municipal telecommuncations right-of-way access line rates d. Approval of a donation of trees and irrigation system from David Bagwell Company Mayor Kelly read Resolution R-06-2689 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. Councilman Hendler expressed appreciation to David Bagwell for the donation of trees and irrigation system. Councilman Hendler moved to approve Resolution R-06-2689 Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Kelly declared the motion carried PUBLIC HEARINGS: 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-06-1570 - Approval of a Zoning Change from AG-Agricultural to R40-Single Family Residential on 3.16 acres out of the T. White Survey located at 6208 L.D. Lockett Road, Case Z-06-004 Mayor Kelly read the caption of Ordinance 0-06-1570. Mayor Kelly opened the public hearing. 5 CITY COUNCIL MINUTES APRIL 18,2006 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 0-06-1570 Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried 6. READING AND PUBLIC HEARING - Resolution R-06-2690 - Approval of authorizing the City Manager to support and proceed with Cities Aggregation Power Project's (CAPP) efforts to contract for long term capacity with the owner of generation to supply the electric power needs of CAPP members. Mayor Kelly read Resolution R-06-2690 in its entirety. Mr. Jay Dogey, City Attorney, Arlington, Texas, and Chairman of the Cities Aggregation Power Project, provided an overview of the Cities Aggregation Power Project's (CAPP) purpose, efforts and goals to contract electric power for member cities. 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-06-2690 Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Hendler, Hart and Mayor Pro Tern Ayers Nays: None Mayor Kelly declared the motion carried. CITIZEN COMMENTS: 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 6 CITY COUNCIL MINUTES APRIL 18, 2006 Mr. James Moore, 1416 Glade Road, expressed appreciation to the City Council for support of the senior citizens and a new facility and requested that Council take necessary action to name the facility, Senior Center of Colleyville, and spoke regarding the use of the facility, the type of flooring and the establishment of a citizen committee to oversee the remodeling of the facility. Mr. Greg Winslow, 3916 Wayne Drive, spoke regarding the dispute between Covenant Christian Academy and neighbors, the potential construction of a gymnasium, land acquisition for development of athletic fields and use of portable buildings. REPORTS: 8. TRAFFIC SAFETY ADVISORY COMMITTEE MINUTES - January 9, 2006 PARKS AND RECREATION ADVISORY BOARD MINUTES - March 6, 2006 PLANNING AND ZONING COMMISSION MINUTES - March 13, 2006 LIBRARY BOARD MINUTES - March 13, 2006 There was no action taken on this item. ACTION/RESOLUTION: 9. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 18, 2006 - Reading and Public Hearing - Resolution R-06-2691 This resolution was not needed. ADJOURNMENT 10. ADJOURNMENT There being no further business before the City Council, Councilman Boll moved to adjourn. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the meeting adjourned at 8:29 p.m. APPROVED BY A VOTE OF ABSTENTIONS THIS THE AYES, DAY OF NAYS AND 2006. 7 CITY COUNCIL MINUTES APRIL 18, 2006 Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 8 c6c l"(!Xi.... City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: 1 Requester: File Type: Resolution Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Public Works Department Approval of a construction contract with Advanced Paving Co., for the Roberts Road resurfacing improvements, in the amount of $53,427, authorize the City Manager to execute the contract. Agenda Date: 05/02/06 Agenda No.: 4b Attachments: Roberts Road Resurfacing Bid Tab History of Legislative File Version: Date: Acting Body: Action Text: 1 05/02/06 City Council Title Approval of a construction contract with Advanced Paving Co., for the Roberts Road resurfacing improvements, in the amount of $53,427, and authorize the City Manager to execute the contract Explanation The City of Colleyville, with participation by TxDOT, will be reconstructing Glade Road from Heritage Avenue to Martin Parkway. This construction will redirect vehicle traffic onto Roberts Road. In order to accommodate the increased impact on the existing street pavement, Roberts Road must be repaired and resurfaced from Glade Road, 1,432 feet North to the South property line of 3510 Fox Meadows Drive. The repair is scheduled to be completed before the Glade Road construction begins (estimated September 2006). Sealed bids were received on April 24, 2006, for the Roberts Road Street Resurfacing Project. Four bids were received by the Public Works Department. Advanced Paving Co., was the low bidder with a bid of $53,427, which includes a ten percent (10%) contingency. Staff contacted references and reviewed qualifications submitted by Advanced Paving Co., and recommends approval of their bid. Financial Impact Funds are available from the Street Resurfacing Account 003-33-6319. Recommendation Approval City of Colleyville Page 1 Printed on 4/27/2006 Bid Opening Bid # 33-004 Roberts Road Resurfacing Company Name 1. Reynolds Asphalt 2. Access Paving 3. Advanced Paving 4. Peachtree Construction Bid Amount $58.879.50 $58.302.50 $48.627.00 No Bid City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 05/02/06 Controlling Body: City Council Requester: Engineering Department Agenda No.: 4c Final Action: File Name: Approval of a construction contract with Mart, Inc. for the McPherson Park Demolition, in the amount of $59,125, and authorize the City Manager to execute the contract Attachments: McPherson Demo Bid Tab History of Legislative File Version: Date: Acting Body: Action Text: 1 05/02/06 City Council Title Approval of a construction contract with Mart, Inc. for the McPherson Park Demolition, in the amount of $59,125, and authorize the City Manager to execute the contract Explanation On October 1, 2002, the City Council approved the McPherson Park Master Plan, which will include unstructured open space play areas, a pond and fishing pier, a concrete parking lot, basketball and sand volleyball courts, a pavilion, a playground and concrete hike and bike trails. This property site was formerly a dairy farm which has several existing structures and debris piles that will have to be removed. Staff prepared demolition plans and specifications. While initially identified as part of the Master Plan improvements for removal, the existing play equipment and several dairy milking structures are being retained for further evaluation. Evaluation will include ADA accessibility, cost effectiveness and viability in park programming. Bids for this project were received and opened by staff on April 19, 2006. Two bids were received; Mart, Inc., was the low bidder with a bid of $47,300. Staff recommends a 25% contingency for the total project cost of $59,125. Staff contacted references and reviewed qualifications submitted by Mart, Inc., and recommends approval of their bid. Financial Impact Funds are available from the Colleyville Economic Development Corporation (CEDC) funds. Recommendation Approval City of Colleyvifle Page 1 Printed on 4/27/2006 BID TAB Owner: City of Colleyville Engineer: City of Colleyville Project: McPherson Park Demolition Bid Date: April 19, 2006 Addendum #1 Bid Bond No. Bidder Bid Amount Acknowledqed Received 1 Mart, Inc. $47,300.00 Yes Yes 2 Midwest Wrecking Co. $77,798.75 Yes Yes 3 4 City of Colleyville Agenda Briefi n9 100 Main Street Colleyville, Texas 76034 (817) 503-1000 'NWW. colleyville. com File Number: 0-06-1571 File Number: 0-06-1571 File Type: Ordinance Status: First Reading Controlling Body: City Council Final Action: Version: 1 Agenda Date: 05/02/06 Requester: Budget and Agenda No.: 5a Administrative Services File Name: Approval of Rate Ordinance regarding Atmos natural gas rates and authorization of the Atmos Cities Steering committee to act on behalf of the City in any such proceedings Attachments: Ordered Rates.pdf' Cities' Recommended Systemwide Costs of Service.pdf' Cities' Recommended Rates.pdf' Ordinance 0-06-1571.doc History of Legislative File Version: Date: Acting Body: Action Text: 1 05/02/06 City Council Title Approval of finding that the existing natural gas distribution rates of Atmos Mid-Tex should be reduced; ordering Atmos Energy Corp., Mid-Tex Division, to reduce its existing rates within the city; adopting specific new rates R,T&C and ordering all rates, service charges and tariff language not inconsisten with Attachment "1" to remain operative except that all Gas Rate Infrastructure Program (GRIP) surchares shall immediately cease; and ordaining other provisions related to the subject matter hereof Explanation Purpose of the Ordinance: Municipalities have original jurisdiction over gas utility rates within the city. Municipalities have authority under the Gas Utility Regulatory Act ("GURA") to initiate a proceeding to determine whether the existing rates being charged by a gas utility are unreasonable or in violation of the law. In September 2005, Atmos Cities Steering Committee (ACSC), of which the City of Colleyville is a member, determined that Atmos should be required to establish the reasonableness of its current rates. The "show cause" resolution adopted by the City of Colleyville required Atmos to file by December 31, 2005, support for its current rates. Atmos filed schedules with the ACSC cities, which have been reviewed by the consultants. As a result of their analysis of the filing and additional information, the cities' consultants have issued a report finding that Atmos' current rates are excessive and should be reduced. Overview of Consultants' Report: 1. Rate of Return. Atmos' filing used the same rate of return approved in Gas Utilities Docket (GUD) No. 9400, based upon the capital structure and component costs of TXU Gas. Atmos' filing does not reflect the change in ownership; Atmos' capital structure is City of Colleyville Page 1 Printed on 4/27/2006 Agenda Briefing Continued (0-06-1571) markedly different from TXU Gas, and the rate of return should be adjusted. 2. Rate Base. Atmos has allocated plant assets to Atmos Mid-Tex that did not come from TXU when Atmos purchased the system, and that may already be included in the rates of customers served by other Atmos operating units. Additionally, Atmos has failed to recognize the accumulated deferred income taxes and investment tax credits that were on the books of TXU when the assets were acquired, resulting in a loss by ratepayers of the benefits of the deferrals. As a result, Atmos' rate base should be reduced by $185 million. 3. Depreciation Expense. A service unit was removed from the rate base, but Atmos has not reduced its depreciation expense associated with this removal. As a result, Atmos' depreciation expense should be reduced by $3.1 million. 4. Operating Expenses. Atmos has improperly adjusted its operation and maintenance expenses, resulting in a reduction of $35.8 million to these expenses. 5. Service Charge Revenue. Atmos has not included service charge revenues to reduce its revenue requirements. These revenues need to be accounted for, and reduce Atmos' base rate revenue requirements by $927,576. The rates in Attachment "A" are recommended by the cities' consultants to meet the requirements of the Gas Utility Regulatory Act ("GURA"). That is, the rates will produce revenues for Atmos that will permit Atmos an opportunity to earn a reasonable return on its invested capital. As a result of these recommended adjustments, Atmos' revenue requirement should be reduced by $73.5 million from that reflected in its show cause filing, and by $34.7 million below the revenue requirement approved in GUD No. 9400. The rates recommended by the cities' consultants are a reduction from both the monthly customer charge and the commodity rate established in GUD No. 9400. The rates in Attachment "A" will become effective upon approval. GRIP surcharges will cease immediately. It is anticipated that Atmos will appeal the rate ordinance to the Railroad Commission. A full hearing on the merits of Atmos' appeal would be held at the Commission. It is expected that the hearing will take place later this year. Financial Impact Gas Standing Steering Committee absorbs the costs of the rate case and these costs are subject to reimbursement by Atmos at the end of the case, pursuant to the Texas Gas Utilities Regulatory Act, 9 103.022. However, rate case expenses incurred by Atmos may be imposed as a surcharge on customers' bills. Typically, those charges are nominal to the customer and pro-rated over a period of time. As a result of such expenses, it is estimated that the total resulting charges could be approximately $1 per residential customer, which could be billed to a customer over a 3 to 12 month period. Under the city-ordered rates, the average decrease in residential monthly bill would be an estimated $2 per customer. To ascertain any impact this reduction could have with regard to franchise fees, the number of residential, commercial, and industrial connections within the city would need to be known. A request made to Atmos regarding the connections has not been received at the time of the writing of this brief. However, using a 2: 1 ratio, based on population, an estimate of the number of connections in the city may be achieved. City of Colleyville _ Page 2 Printed on 4/2712006 Agenda Briefing Continued (O-06-1571J Based on the TML population for Colleyville of 21,730, there may be an estimated (mixed) 10,865 connections, resulting in an estimated annual impact $10,430.40. Recommendation Approval City of Colleyville Page 3 Printed on 4/27/2006 Attachment A Atmos Energy Corp., Mid-Tex Division Ordered Rates Line Ordered No. Rate R - Summary Rates 1 Customer Charge $ 7.50 2 3 Block 1 Commodity Rate (0-3 Met) $ 1.1915 per Met 4 Block 2 Commodity Rate (over 3 Met) 0.9415 per Met 5 6 Average Monthly Bill (6 Met without Gas Cost) $ 14.72 per Month 7 8 Average Monthly Bill (6 Met with Gas Cost) $ 34.75 per Month 9 10 11 Ordered 12 Rate C - Summary Rates 13 14 Customer Charge $ 12.50 15 16 Block 1 Commodity Rate (0-30 Met) $ 0.7417 per Met 17 Block 2 Commodity Rate (30-350 Met) $ 0.4917 per Met 18 Block 3 Commodity Rate (Over 350 Met) $ 0.2417 per Met 19 20 Average Monthly Bill (30 Met without Gas Cost) $ 36.76 per Month 21 22 Average Monthly Bill (30 Met with Gas Cost) $ 136.78 per Month 23 24 25 Ordered 26 Rate T - Summary Rates 27 28 Customer Charge $ 300.00 29 30 Block 1 Commodity Rate (0-1,500 MMBtu) $ 0.4977 per MMBtu 31 Block 2 Commodity Rate (Next 3,500 MMBtu) $ 0.3477 per MMBtu 32 Block 3 Commodity Rate (Next 45,000 MMBtu) $ 0.1977 per MMBtu 33 Block 4 Commodity Rate (Over 50,000 MMBtu) $ 0.0477 per MMBtu 34 35 Average Monthly Bill (300 MMBtu without gas cost) $ 475.07 per Month 36 37 Average Monthly Bill (300 MMBtu with gas cost) $ 1.474.93 per Month EXHIBIT 1 Atmos Energy Corp., Mid-Tex Division Cities Show Cause Rate Filing Cities Recommended Systemwide Cost of Service Atmos Cities Line Proposed Recommend Difference From No. Dc>scripllon Final Order 6/30/05 6/30/05 Final Order (a) (b) (c) (c) (d) 1 Operating Revenue 2 Residential (non-gas costs) S 270.584,752 $ 295,503.658 S 238,767,430 $ (31,817,321) 3 Residential (gas costs) 314,197.054 314,197,054 314.19".054 4 Total Residential 584,781,805 609,700,712 552,964,484 (31,817,321) 5 6 Commercial (non-gas costs) $ 68.103.234 $ 73,415.254 $ 60,303,270 $ (7,"99.964) 7 Commercial (gas costs) 194,651.072 194,651,0'12 194.651,072 8 Total Commc>rclal 262,"54,306 268,066,326 254,954.342 (".799,964) 9 10 IndustriallTransportation (non-gas costs) $ 18.924.434 $ 24.173,053 19,677,447 $ 753,013 11 IndustriaVf ransportation (gas costs) 26,063.143 26,063.143 26.063,143 12 TotallndustrlailTransportation 44.98".57'1 50.236.196 45.740,590 753.013 13 14 Total (non-gas costs) 357.612,420 $ 393.091,965 $ 318,748,14" $ (38.864 ,2'13) 15 Total (gas costs) 534,911.269 534.911.269 534.911 ,269 16 Total Operating Revenue 892.523.689 928.003.234 853,659,416 (38,864,2'13 ) 17 18 Total other Revenue 1'1.882.192 S 21.085.415 $ 22,012,991 $ 4,130,799 19 20 Total Operating and Other Revenue S 910.405,881 S 949,088,649 875.6'12,407 S (34,733.4'13) 21 22 23 Total Revenue Requirement 24 25 Operating Expenses 26 Gas Cost $ 534.911.269 S 534,911,269 $ 534,911,269 27 28 Operation and Maintenance Expenses 164,130,220 162,340,824 126.522,180 29 30 Taxes Other than Income Taxes 70,374,371 75.400,544 71.423.693 31 32 Depreciation and Amortization Expense 55,042,990 65.663,511 62,591,960 33 34 interest on Customer Deposits 1,4 72.58 7 2,325,821 2,325.821 35 interest on Customer Advances t24,993 126,573 126,573 36 37 Federal Income Taxes 20.785,888 26.568,125 18,627,900 38 39 Relurn on Rate Base 63.563.562 81,751.983 59,143.011 40 41 Total Revenue Requirement $ 910.405,880 $ 949.088,649 $ 875,672,407 42 43 Nole: The above figures include the cost of 9as, EXHIBIT 2 Atmos Energy Corp., Mid.Tex Division Cities Show Cause Rate Filing Cities Recommended Rates Atmos Cities Proposed Recommend Line No. Rate R . Summary Final Order 6130/05 6/30105 1 Cuslomer Charge $ 9.00 $ 9.73 $ 7.50 2 3 Block 1 Commodity Rate (0-3 Met) :;; 1.2390 $ 1.3991 $ 1.1915 per Met 4 Block 2 Commodity Rate (over 3 Met) $ 0.9890 $ 1.1491 0.9415 per Me! 5 6 Average Monthly Bill (6 Mefwithoul Gas Cost) $ 16.61 $ 18.40 $ 14.72 per Monlh 7 8 Average Monthly Bm (6 Met with Gas Cost) $ 36.64 $ 38.44 :;; 34.75 per Month 9 10 11 Almos Cities Proposed Recommend 12 Rate C . Summary Final Order 6130105 6/30/05 13 14 Customer Charge $ 15.50 $ 17.93 $ 12.50 15 16 Biock 1 Commodity Rate (0-30 Me!) :;; 0.7894 S 0.8215 $ 0.7417 per Met 17 Block 2 Commodity Rate (30-350 Met) S 0.5394 $ 0.5715 $ 0.4917 per Met 18 Block 3 Commodity Rate (Over 350 Met) $ 0.2894 $ 0.3215 $ 0.2417 per Met 19 20 Average Monthly BiIt (30 Met without Gas Cost) $ 41.44 $ 45.03 $ 36.76 per Month 21 22 Average Monthly BUI (30 Met with Gas Cost) $ 141.46 S 145.05 136.78 per Month 23 24 25 Almos Cities Proposed Recommend 26 Rate T . Summary FinalOrder 6130105 6130/05 27 28 Customer Charge $ 150.00 $ 241.86 $ 300.00 29 30 Block 1 Commodity Rate (0-1,500 MMBtu) $ 0.4882 $ 0.5935 $ 0.4977 per MMBtu 31 Block 2 Commodity Rate (Ne<t 3.500 MMBtu) $ 0.3382 $ 0.4435 $ 0.3477 per MMBtu 32 Block 3 CommodUy Rate (Next 45,000 MMBtu) $ 0.1882 $ 0.2935 $ 01977 per MMBtu 33 Block 4 Commodity Rate (Over 50.000 MMBtu) $ o 0382 $ 0.1435 $ 0.0477 per MMBtu 34 35 Average Monthly 8ill (300 MMBtu without gas cost) $ 313.48 $ 443.98 $ 475.07 per Month 36 37 Average Monthly Bill (300 MMBtu with gas cost) $ 1,313.43 $ 1,443.84 1,474.93 per Month ORDINANCE 0-06-1571 AN ORDINANCE FINDING THAT THE EXISTING NATURAL GAS DISTRIBUTION RATES OF ATMOS MID-TEX SHOULD BE REDUCED; ORDERING ATMOS ENERGY CORP., MID-TEX DIVISION, TO REDUCE ITS EXISTING RATES WITHIN THE CITY; ADOPTING SPECIFIC NEW RATES R, T & C AND ORDERING ALL RATES, SERVICE CHARGES AND TARIFF LANGUAGE NOT INCONSISTENT WITH ATTACHMENT 1 TO REMAIN OPERATIVE EXCEPT THAT ALL GRIP SURCHARGES SHALL IMMEDIATELY CEASE; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF WHEREAS, the City of Colleyville, Texas (City) is a regulatory authority under the Gas Utility Regulatory Act ("GURA") and has original jurisdiction over the gas utility rates of Atmos Energy Corp., Mid-Tex Division (the "Company"); and WHEREAS, the City has the authority under ~~ 103.001 and 104.151, GURA, to initiate a proceeding to determine whether the existing rates of a gas utility are unreasonable or in any way in violation of any provision of law; and WHEREAS, the City previously authorized participation with the Atmos Cities Steering Committee (ACSC); and WHEREAS, on November 11, 2005, the City ordered the Company to show cause regarding the reasonableness of its existing natural gas distribution rates within the City; and WHEREAS, the Company filed its rate filing package with the City on or about December 31,2005; and WHEREAS, the City's representatives obtained additional information from the Company through written requests for information; and WHEREAS, the City's consultants and representatives through cooperative efforts under the direction of the ACSC have reviewed the rate filing package and responses to information requests and have made a recommendation to the City regarding the rates to be charged by the Company within the City; and WHEREAS, on May 2, 2006, a public hearing was held, at which time the Company was given an opportunity to address the City Council regarding its current rates; and WHEREAS, GURA ~ 104.151 (a) provides that if a regulatory authority, on its own motion or on complaint by an affected person, after reasonable notice and hearing, finds that the existing rates of a gas utility for a service are unreasonable or in violation of law, the regulatory authority shall enter an Ordinance 0-06-1571 Page 2 of 4 order establishing the just and reasonable rates to be observed thereafter, and serve a copy of the order on the gas utility; and WHEREAS, GURA 9 104.151(b) provides that the rates thus ordered by the regulatory authority constitute the legal rates of the gas utility until changed as provided by GURA; and WHEREAS, after affording reasonable notice and hearing to the Company, it is the City's opinion that the Company's current rates are not reasonable; and WHEREAS, based upon such hearing, the briefing of staff, and the consultants' findings, the City has made a determination of the reasonableness of the existing rates of the Company, and has determined just and reasonable rates to be hereafter observed and enforced for all services of the Company within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Company was given reasonable notice of the hearing held on May 2, 2006, and the Company had a reasonable opportunity to show to the City that its rates were just and reasonable. Sec. 2. THAT the Company failed to show that its existing rates are just or reasonable. Sec. 3. THAT the rates set forth on Attachment "A" to this Ordinance, which attachment shall be incorporated as if it were fully set forth herein, are just and reasonable rates: a. The rates set forth in Attachment "A" establish the Company's overall revenues at an amount that will permit the Company a reasonable opportunity to earn a reasonable return on its invested capital used and useful in providing service to the public in excess of the Company's reasonable and necessary operating expenses, in compliance with GURA 9 104.051; and b. The rates set forth in Attachment "A" do not yield more than a fair return on the adjusted value of invested capital used and useful in providing service to the public, in compliance with GURA 9 104.052. Sec. 4. THAT the Company shall immediately begin charging the rates set forth on Attachment "A" hereto, and shall, pursuant to GURA 9 104.301, Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Sec. 10. Ordinance 0-06-1571 Page 3 of 4 immediately cease the imposition and collection of all Gas Reliability Infrastructure Program ("GRIP") surcharges. THAT the existing rates, service charges and tariff language not inconsistent with Section 4 and Attachment 1 shall remain operative. THAT the City is authorized to intervene in any appeal of the City's action filed at the Railroad Commission of Texas and to otherwise participate in any litigation associated with the Company's rates charged in the City, in conjunction with the ACSC. THAT the Company shall promptly reimburse ACSC for ratemaking costs associated with the City's activities related to the show cause proceeding, including appeals to the Railroad Commission or Courts, in accordance with GURA 3103.022. THAT a copy of this Ordinance shall be sent to the Company, care of Richard T. Reis, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, legal counsel to ACSC, at Lloyd Gosselink, P.O. Box 1725, Austin, Texas 78767-1725. THAT this Ordinance shall become effective immediately from and after its passage, as the law and charter in such cases provide. THAT it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor Ordinance 0-06-1571 Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Attachment A Atmos Energy Corp., Mid-Tex Division Ordered Rates Line Ordered No. Rate R - Summary Rates 1 Customer Charge $ 7.50 2 3 Block 1 Commodity Rate (0-3 Mcf) $ 1.1915 per Met 4 Block 2 Commodity Rate (over 3 Mcf) 0.9415 per Met 5 6 Average Monthly Bill (6 Met without Gas Cost) $ 14.72 per Month 7 8 Average Monthly Bill (6 Met with Gas Cost) $ 34.75 per Month 9 10 11 Ordered 12 Rate C - Summary Rates 13 14 Customer Charge $ 12.50 15 16 Block 1 Commodity Rate (0-30 Mct) $ 0.7417 per Met 17 Block 2 Commodity Rate (30-350 Mcf) $ 0.4917 per Met 18 Block 3 Commodity Rate (Over 350 Mct) $ 0.2417 per Mct 19 20 Average Monthly Bill (30 Mct without Gas Cost) $ 36.76 per Month 21 22 Average Monthly Bill (30 Met with Gas Cost) $ 136.78 per Month 23 24 25 Ordered 26 Rate T - Summary Rates 27 28 Customer Charge $ 300.00 29 30 Block 1 Commodity Rate (0-1,500 MMBtu) $ 0.4977 per MMBtu 31 Block 2 Commodity Rate (Next 3,500 MMBtu) $ 0.3477 per MMBtu 32 Block 3 Commodity Rate (Next 45,000 MMBtu) $ 0.1977 per MMBtu 33 Block 4 Commodity Rate (Over 50,000 MMBtu) $ 0.0477 per MMBtu 34 35 Average Monthly Bill (300 MMBtu without gas cost) $ 475.07 per Month 36 37 Average Monthly Bill (300 MMBtu with gas cost) $ 1,474.93 per Month 5 City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: R-06-2694 File Number: R-06-2694 File Type: Resolution Version: 1 Agenda Date: 05/02/06 Requester: Budget and Agenda No.: 6a Administrative SeNices File Name: Authorizing the City Manager to execute a Gas Standing Steering Committee Participation Agreement Status: Resolution Controlling Body: City Council Final Action: Attachments: Resolution R-06-2694.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/02/06 City Council Title Authorizing the City Manager to execute a Gas Standing Steering Committee Participation Agreement Explanation The original Gas Cities Steering Committee was formed several years ago in response to a gas rate filing by Lone Star Gas Company (TXU Gas and Atmos Energy's predecessor). Over the past six years, the gas distribution systems have been consolidated and the gas company has filed rate cases annually. With the passage of the Gas Reliability Infrastructure Program (GRIP) statute, utility providers will have the ability to file similar requests in future years. The current Steering Committee has recommended the establishment of a more formal organizational structure that will enable cities to respond more quickly to these frequent gas rate filings. The Gas Standing Steering Committee organization will work similar to the Electric Standing Steering Committee. The Steering Committee will have authority to act for members with each member retaining the ability to opt out of any proposed rate case action. Financial Impact A one-time participation fee of five cents (.05 cents) per capita, approximately $1,086, would be assessed. The fee is allocate to assist in covering the costs of consultants. Expenses incurred are reimbursable by the regulated utility. Recommendation Approval City of Colleyville Page 1 Printed on 4/27/2006 RESOLUTION R-06-2694 A RESOLUTION AUTHORIZING THE EXECUTION OF THE GAS STANDING STEERING COMMITTEE PARTICIPATION AGREEMENT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. THAT the City Manager or designee is hereby authorized to execute the Atmos Gas Standing Steering Committee Participation Agreement, a substantial copy of which is attached as Attachment "1". THAT naming Stephen Seidel, Budget and Administrative Services Manager, seidels@cLcollevville.tx.us, 100 Main Street, Colleyville, Texas, 76034 as the Colleyville, Texas representative to receive notices and carry out the responsibilities for the city as set forth in Attachment 1. THAT the payment of the initial participation fee of $0.05 per capita, according to City's population shown in the most recent TML Directory of Texas City Officials is authorized. THAT directing that a certified copy of this resolution and the approved participation fee be sent to Jay Doegey at the City of Arlington, Post Office Box 231 Arlington, Texas 76004-0231. AND IT IS SO RESOLVED. AYES, NAYS AND ABSTENTIONS ON 2006. PASSED BY A VOTE OF THIS THE DAY OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor ATTACHMENT 1 THE STATE OF TEXAS S COUNTYOFTARRANT S A TMOS GAS STANDING STEERING COMMITTEE PARTICIPATION AGREEMENT THIS Agreement is made and entered into on this the day of , 2006, by, between and among the CITY OF COLLEYVILLE, TEXAS ("CITY") and member cities of the GAS STANDING STEERING COMMITTEE ("GSSC"). This Agreement is authorized by the Texas Interlocal Cooperation Act (V.T.C.A. Texas Government Code, Chapter 791), and other authorities. WIT N E SSE T H: WHEREAS, the cities in the service area of Atmos Gas have worked together collectively in a coalition to participate in the regulatory process to assure gas rates charged were just and reasonable; and WHEREAS, the nature of gas utility regulation is undergoing substantial change as a result of state and federal legislation; and WHEREAS, there remains a need for cities to cooperate to assure the public interest is protected and gas and other utility rates are just and reasonable; and WHEREAS, regulatory changes now require quick response in order to have meaningful input into the rate setting process; and WHEREAS, it is necessary to provide adequate resources to enable cities to act quickly, decisively, and jointly on gas utility regulatory developments; NOW THEREFORE, In consideration of the premises, agreements, covenants and promises set forth herein, it is agreed as follows: 1. Atmos Gas Standin2: Steerin2: Committee Membership and Executive Committee The CITY and the member cities hereby form the Gas Standing Steering Committee ("GSSC"). Each member city shall, by action of its governing body, approve its membership in the GSSC and designate its representative to receive notices and participate in and vote at GSSC meetings. The GSSC shall be composed of all cities paying the current nonrefundable membership fee. The membership fee shall be established from time to time by the Executive Committee. The fee for the initial period (approximately one year) is 5~ per capita, according to the CITY's population listed in the most recent Texas Municipal League Directory of Texas City Officials. The members shall elect an Executive Committee consisting of no more than twenty (20) persons which shall function as the Board of Directors. The Executive Committee shall at least include a representative from all member cities with a population greater than 100,000, according to the most recent Texas Municipal League Directory of Texas City Officials. The remainder of the representatives shall be selected based upon diversity of geographic location and city population size. Each city on the GSSC and each city on the Executive Committee shall have one vote, respectively. Meetings of the Executive Committee shall be open to each city on the GSSC whether or not it has a representative on the Executive Committee. 2. Powers of the Executive Committee The CITY and the member cities delegate to the Executive Committee the power to intervene on behalf of GSSC member cities in gas projects, rulemaking, rate case, and related dockets and appeals thereof, represent the interests of cities in utility matters before state and federal legislative bodies and to pay for such activities. A member city may subsequently request and cause its party status to be withdrawn from such activities. The Executive Committee shall fix the amount of the membership fee from time to time. 3. Election of Officers The Executive Committee shall elect a chair and any co-chairs as it deems necessary who shall serve at the pleasure of the Executive Committee. The Executive Committee shall also elect a secretary/treasurer. 4. Powers of the Officers Each officer elected shall serve at the pleasure of the Executive Committee up to a term of four (4) years. The Executive Committee shall elect or re-elect officers at least every four (4) years. Unless terminated by the Executive Committee or the respective city governing body, the officer shall perform the duties of office until a replacement has been elected. Meetings of the Executive Committee and GSSC shall be upon call of the chair or two (2) members of the Executive Committee. The Executive Committee shall meet at least annually. The chair is authorized by action of the Executive Committee to engage consultants and attorneys and to pay for such services. 5. Termination of Membership A city may terminate its membership by action of its governing body, or if said city fails to pay its membership fee in full within one-hundred eighty (180) days after notification of fee due. A city is considered notified on the day written notice is sent to its last designated representative on file with the secretary/treasurer. 6. Monev Held in Trust The officers shall hold and manage all money collected in trust for the benefit of the member cities collectively. Officers may establish prudent fund accounts that accumulate funding for activities and to pay authorized expenses. Officers shall serve without pay, but may be reimbursed reasonable out-of-pocket expenses as approved by the Executive Committee. CITY may request and receive a statement of GSSC revenues and expenses each year. (2 ) 7. Payment for Performance of Governmental Functions and Services Made from Current Revenues By entering into this Agreement, CITY affirms that it is paying for the performance of governmental functions or services from current revenues available. The payments made under this agreement fairly and adequately compensates the GSSC for the services or functions performed under the contract. 8. Lee:al Construction In case anyone or more of the terms, provisions, phrases or clauses contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall be construed as if such invalid, illegal or unenforce- able portion had never been contained herein. 9. Entire Ae:reement This contract embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties. 10. No Other Oblie:ations By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. 11. Immunitv It is expressly understood and agreed that in the execution of this Agreement, neither CITY nor GSSC waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. 12. Authoritv The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto, and each hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated above. (3) CITY OF COLLEYVILLE, TEXAS BY: Signature Printed/Typed Name Title ATTEST: CITY SECRETARY Signature Printed/Typed Name GAS STANDING STEERING COMMITTEE BY: Signature Printed/Typed Name Title ( 4 ) . 'f(jxt\~ City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: R-06-2695 File Number: R-06-2695 File Type: Resolution Version: 1 Agenda Date: 05/02/06 Requester: Budget and Agenda No.: 6b Administrative Services File Name: Approval of suspending the May 30, 2006, effective date of the proposal by Atmos Energy Corp., Mid-Tex Division to implement interim Gas Reliability Infrastructure Program (GRIP) rate adjustments for gas utility investment in 2005; Status: Resolution Controlling Body: City Council Final Action: Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 05/02/06 City Council Title Approval of suspending the May 30, 2006, effective date of the proposal by Atmos Energy Corp., Mid-Tex Division to implement interim Gas Reliability Infrastructure Program (GRIP) rate adjustments for gas utility investment in 2005; authorizing participation with the Gas Standing Steering Committee in a review and inquiry into the sufficiency of the filing and the basis and reasonableness of the proposed rate adjustments; authorizing intervention in administrative and court proceedings involving the proposed GRIP rate adjustments; requiring reimbursement of reasonable legal and consultant expenses; and requiring delivery of this resolution to the company and legal counsel Explanation Purpose of the Resolution: Atmos began serving its 2005 investment year Gas Reliability Infrastructure Program (GRIP) filing on the Atmos Energy Mid-Tex cities on March 30, 2006. The application states that the residential surcharge will be $0.51 on all residential customers, $1.75 for commercial customers, and $78.47 for industrial customers. This is significantly higher than the previous two GRIP surcharges for residential customers of $.29 per month. The GRIP statute was intended to encourage a gas utility to make investments in safety and reliability upgrades to its system. To the extent that a utility did not over-earn on its approved rate of return, the utility was granted the opportunity to impose a surcharge on its customers to recover return, depreciation, and taxes associated with its annual incremental investment. The law mandates that a (GRIP) surcharge request cannot become effective until sixty (60) days following the filing. The effective date may be suspended by a city for 45 days, allowing more time for review and any action taken regarding filed surcharges. If a city does City of Colleyvifle Page 1 Printed on 4/27/2006 Agenda Briefing Continued (R-06-2695) not take action to suspend the filing, the Company may begin implementing a monthly surcharge on or after May 30,2006. This resolution would suspend the effective date to the maximum extent permitted by law. The extension would allow additional time to evaluate the filing and to work with Atmos on an agreeable resolution. The Gas Standing Steering Committee will initiate the process of reviewing the filing and analyzing the effect that the pending rate investigation has upon the ability of Atmos to seek a GRIP surcharge. The City, providing the City is a participant in the Gas Standing Steering Committee, will be informed of Committee findings, conclusions, and recommendations, and will be provided with any related draft resolutions or ordinances reflecting such recommendations. Participation in the Gas Standing Steering Committee is contingent upon execution of the Gas Standing Steering Committee Participation Agreement, authorization for which is also being presented to Council during the May 2,2006 Council Meeting. Financial Impact Atmos Cities Steering Committee (ACSC) absorbs the costs of the rate case and these costs are subject to reimbursement by Atmos at the end of the case, pursuant to the Texas Gas Utilities Regulatory Act, S 103.022. However, rate case expenses incurred by Atmos may be imposed as a surcharge on customers' bills. Typically, those charges are nominal to the customer and pro-rated over a period of time. It is estimated that the total resulting charges could be approximately $1 per residential customer, which could be billed to a customer over a 3 to 12 month period. Recommendation Approval City of ColJeyville Page 2 Printed on 4/27/2006 RESOLUTION R-06-2695 A RESOLUTION BY THE CITY OF COLLEYVILLE, TEXAS SUSPENDING THE MAY 30,2006, EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID- TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2005; AND AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS WHEREAS, Atmos Energy Corp., Mid-Tex Division, ("Atmos Mid-Tex" or "the Company") made filings with the City and the Railroad Commission of Texas ("Railroad Commission") on or about March 30, 2006, proposing to implement interim rate adjustments ("GRIP rate increases"), pursuant to Texas Utilities Code 9 104.301, on all customers served by Atmos Mid- Tex, effective May 30,2006; and WHEREAS, a recent rate investigation conducted by consultants for the Gas Standing Steering Committee has indicated that Atmos Mid-Tex is already collecting sufficient revenues to earn its allowed return and does not require a GRIP surcharge; and WHEREAS, the sufficiency of the filing by Atmos Mid-Tex and its compliance with statutory mandates is in question and needs to be determined; and WHEREAS, ratepayers of Atmos Mid-Tex, including the City and its residents, will be adversely impacted by the proposed GRIP rate increases; and WHEREAS, the City and its residents could benefit from coordination with the Gas Standing Steering Committee in a review of the reasonableness of the proposed GRIP rate increases and joint participation in any proceedings at the Railroad Commission related to the proposed GRIP rate increases; and WHEREAS, the reasonable costs associated with the participation of Cities in this rate proceeding are reimbursable from Atmos Mid-Tex. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, THAT: Sec. 1. THAT the May 30, 2006, effective date of the GRIP rate increases proposed by Atmos Mid- T ex is hereby suspended for the maximum period allowed by law to permit adequate time to investigate the sufficiency of the GRIP Rate Increase filing, review the proposed increases, analyze all necessary information, and take appropriate action related to the proposed increases. Resolution R-06-2695 Page 2 of 2 Sec. 2. THAT the City is authorized to cooperate with the Gas Standing Steering Committee to hire and direct legal counsel and consultants, to negotiate with the Company, to make recommendations to the City regarding the proposed GRIP rate increases, and to direct any administrative proceedings or litigation associated with the proposed GRIP rate increases. Sec. 3. THAT the City is authorized to intervene in any administrative proceedings or litigation associated with the proposed GRIP rate increases. Sec. 4. THAT Atmos Mid-Tex shall promptly reimburse the City's reasonable costs associated with the City's activities related to the proposed GRIP rate increases. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS AND ABSTENTIONS ON 2006. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor c. -rex:.."''':'' City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Minutes Status: Reports Version: 1 Agenda Date: 05/02/06 Controlling Body: City Council Requester: Agenda No.: 8 Final Action: File Name: Planning and Zoning Commission Meeting Minutes- April 10, 2006 Attachments: Planning and Zoning Commission Minutes- April 10, 2006 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/02/06 City Council Title Planning and Zoning Commission Minutes - April 1 0, 2006 City of Colleyville Page 1 Printed on 4/28/2006 .~ 7'exas PLANNING AND ZONING COMMISSION MEETING MINUTES - April 10, 2006 CALL TO ORDER Chairman Byerly called the meeting to order at 7:03 p.m. ROLL CALL Present: Commissioners, Thomas Bartkowski, Mary Taylor, John Blassingame, Denis Duffy and Jeff Byerly Absent: Commissioner Robert McCormick and Dave Dudziak (arrived after roll call) Barry LeBaron, Chris Fuller, Amy Shelley, Jeff Jones and Robert McKeown from staff were present. INVOCATION The invocation was given by Commissioner Blassingame PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Byerly made a correction in the roll call. He was absent and therefore could not make the roll call. Commissioner Taylor seconded with correction and stated Commissioner Dudziak called the roll. Commissioner Taylor made motion to approve the March 13, 2006 meeting minutes with the correction. Commissioner Duffy seconded. The motion was approved by the following vote: Aye: Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-06-017 - Minor plat for .94 acres on Tract 1A4, Abstract 1737 of the S. Wilton Survey located at 4701 Jim Mitchell Trail West NOTE: Commissioner Dudziak became present at the meeting during this regular agenda item. Chris Fuller presented the case and briefed the Commissioners. Barry LeBaron briefed the Commissioners regarding the house currently on the property, it will be encroaching the building line, therefore the plat states there will not Planning & Zoning Commission Minutes - Apri/1 0, 2006 Page 1 of 6 be any building permits issued on the lots until that house is demolished, relocated or moved so that it will comply with the R20-Single Family Residential zoning district standards. Commissioner Duffy questioned staff regarding if the applicant has agreed with the restriction regarding the house on the property? Chris Fuller replied the applicant and staff agrees that building permits will be issued so that construction may begin; however, there will not be any certificates of occupancy issued until the house is relocated. Commissioner Duffy made motion to approve case P-06-017. Commissioner Taylor seconded. The motion was approved by the following vote: Aye: Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Nay: None PUBLIC HEARING AGENDA ITEMS 2. Case P-06-018 - Final Plat of Lot 1 R, 2, 3, and 4 Block 1, Kay's Circle B Bar K Ranch Addition, being a replat of Lot 1, Block 1 Kay's Circle B Bar K Ranch and 3.55 acres in the J. J. Newton Survey, Abstract 1176, located at 5612, 5616 and 5700 Bransford Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned why the applicant is not rezoning to R40? Commissioner Byerly stated the applicant is not asking for rezoning, this is a plat application. Commissioner Byerly opened the public hearing at 7:10 P.M. Paul Kramer, 312 White Drive, the applicant, came forward to present the request and brief the Commissioners. Commissioner Duffy questioned Mr. Kramer regarding why are the lots going to remain the R20 zoning? Mr. Kramer stated not wanting to rezone, the R20 zoning requirements are met with this final plat. There being no one wishing to speak, the public hearing was closed at 7:12 P.M. Barry LeBaron stated the frontage of these lots would prevent the subdividing of these lots. Commissioner Dudziak questioned staff regarding if the current homes on the lots, would be removed? Chris Fuller replied the lots will be developed. Commissioner Dudziak questioned staff regarding why the lots, with homes, are not subject to any perimeter street improvement fees and parkland dedication fees? Chris Fuller replied the Land Development Code states if there are homes on the lots at the time of plat application, those lots would not be subject to those fees. Commissioner Dudziak stated not being comfortable approving a plat with lots that will have new homes on them but not subject to pay the required fees. Barry LeBaron stated parkland dedication fees and perimeter street impact fees are required if there is new impaction Planning & Zoning Commission Minutes - Apri/1 0, 2006 Page 2 of 6 on the system, because the lots already had or have existing homes, they are not newly impacting the system. If there was a new lot created, then that new lot would be impacting the system and would have to pay those fees. Commissioner Byerly made motion to approve case P-06-018. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: Bartkowski, Taylor, Blassingame, Duffy, Byerly Nay: Dudziak 3. Case Z-06-006 - PUBLIC HEARING - Request for a Special Use Permit for an accessory building and a carport on Lot 3, Block 2 of the Apple Valley Addition located at 5105 Apple Valley Drive Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned the distance between the red box on the drawing and the vertical sidewalk at the end of the garage and the existing garage? Chris Fuller replied not knowing at this time. The applicant is here and may know the distance. Commissioner Bartkowski questioned staff regarding what the Land Development Code states the construction of the vertical structures holding the walls needs to be? Chris Fuller replied the Land Development Code requires brick, stone or decorative metal between 12 inches to 48 inches in width. Commissioner Byerly opened the public hearing at 7:20 P.M. Frank Manzare, 5105 Apple Valley Drive, the applicant, came forward to present the request and brief the Commissioners. Mr. Manzare replied to Commissioner Duffy's question regarding the distance between the vertical sidewalk at the end of the proposed garage and the existing garage to be about 30 feet. Commissioner Blassingame questioned Mr. Manzare regarding if he can comply with the side yard set backs? Mr. Manzare replied yes. Commissioner Blassingame also questioned Mr. Manzare regarding if he can comply with the code on the construction of the posts? Mr. Manzare replied he will comply with the code. Commissioner Byerly questioned staff regarding if the side yard set back is ten (10) feet? Chris Fuller replied the building may be at five (5) feet. Mr. Manzare stated the carport is going to be five feet; the actual building is going to be set back about 15 feet off the property line. Commissioner Taylor questioned for clarity, the carport is for the RV? Mr. Manzare replied yes. Commissioner Duffy questioned Mr. Manzare regarding the petition, it states an additional garage, did all of the petition signers see the tin building and the intent to be a 1600 square foot building, or was the petition circulated as is for an additional garage? Mr. Manzare replied the petition was shown with a brochure from the company who will be constructing the building; it was a similar metal building with a carport on one side. Planning & Zoning Commission Minutes - April 1 0, 2006 Page 3 of 6 Commissioner Duffy questioned Mr. Manzare if the steel will be colored? Mr. Manzare replied yes, an earth tone color to match the house. It will probably have a wanes coating and some brick on the front of the building, depending on the budget. Commissioner Duffy stated there being five different variations for this building, however, now it has been stated the willingness to comply. Commissioner Duffy questioned Mr. Manzare in regards to why he did not comply in the beginning? Mr. Manzare replied in the proposal process, the plans were given to my permit person to pull the permit with the city, Mr. Manzare stated being out of town. Upon returning, the permit had not been pulled because of the outstanding issues. Commissioner Duffy stated this being incomplete staffs work on his behalf. Commissioner Duffy stated not seeing the brick on the front of the building or the wanes coating that Mr. Manzare mentioned earlier. Mr. Manzare stated he could resubmit plans if needed. Commissioner Blassingame questioned Mr. Manzare regarding how many cars are going to be parked in this building? Mr. Manzare replied about five (5) cars, couple of trailers and a motorcycle. He stated there being extra space for work benches. Commissioner Blassingame stated coming back with a more complete application that has all of the changes that have been mentioned. Mr. Manzare replied he could resubmit some artist drawings. Commissioner Dudziak questioned Mr. Manzare regarding if the structure will be one building with a cut out for the carport? Mr. Manzare replied the roof will be all one piece, the building itself will be 40x40 with a roof overhang for the carport. Patricia Moore, 405 West Elm Street, spoke in opposition to the request because both of our neighbors have buildings that are visible in the side yard and back yard from our house. Mrs. Moore stated this building being presented is different from what was originally shown. She also stated this house originally had three two car garages. One garage was taken into the house, so there are still two car garages. Mike Moore, 405 West Elm Street, spoke in opposition to the request and questioned if certain restrictions can be made on the request so that future home owners can not use the building for any other type use other than storage. There being no one wishing to speak, the public hearing was closed at 7:46 P.M. Commissioner Taylor stated the applicant is willing to work with the neighbors. Mrs. Moore stated she would rather not wait for the bushes to grow, but it would be better than nothing, however, would prefer none of the items. Mr. Moore stated not trying to stop Mr. Manzare from building his building; however, we want the code to be followed. If we were to want to sell our property, the potential new buyers would not like all of the buildings visible in our back and side yards. Commissioner Byerly stated for clarity there are issues, but the neighbors and applicant think they can reach a compromise. Commissioner Dudziak questioned the Moore's regarding what expectations were heard in the beginning? Mr. Moore replied Mr. Manzare was going to build with brick Planning & Zoning Commission Minutes - April 10, 2006 Page 4 of 6 and hardy board, and now Mr. Manzare states building a metal building. Commissioner Byerly questioned staff regarding the side yard set backs. Chris Fuller used the table in the briefing packet. Commissioner Dudziak questioned staff regarding if there are any restrictions for coverage on a lot? Is this proposal close to those restrictions? Barry LeBaron replied a homeowner can concrete his entire yard if wanting to do so. Commissioner Blassingame questioned staff regarding if a denial or a table would be more favorable for Mr. Manzare to bring this back to the Commission? Commissioner Bartkowski replied Mr. Manzare is trying to comply and make the neighbors happy. He stated being ok with the carport as long as Mr. Manzare complied with the building codes and agrees with staffs recommendation. Commissioner Bartkowski stated not wanting to table this item. Commissioner Byerly made motion to reopen the public hearing and continue this item until the April 24, 2006 meeting. Commissioner Dudziak seconded. Commissioner Duffy stated the agenda is full for the April 24, 2006 meeting. Commissioner Byerly questioned Mr. Manzare if he would be willing to continue this item until the April 24th meeting, when the agenda is full, or if he would rather continue until the next meeting? Mr. Manzare replied wanting to do what is best for everybody. He stated wanting to cover all the bases. Barry LeBaron stated it being better to table the item until the applicant is ready to move forward so that notices can be sent and all parties can participate in the public hearing. City Attorney Matthew Boyle stated if you continue an item, you do so with the intention of reopening an item and continuing the public hearing on the 24th, however, you may re- continue at that point. This particular action, in this motion, states the public hearing will be held again on the 24th in its continued fashion. Commissioner Byerly questioned Mr. Manzare if he would be ready to continue at the April 24th meeting? Mr. Manzare replied yes. Commissioner Byerly stated some issues that need to be worked out with the neighbors regarding: the brick wanes coating; skirting versus screening; five (5) foot set back versus ten (10) foot set back. Commissioner Dudziak concurred with Commissioner Byerly and stated having a clear drawing on what the structure will look like; concern about whether or not this is one (1) building with a cut out for a carport, or two (2) separate buildings. Barry LeBaron replied having this as a single structure with accessory building regulations with a carport. Commissioner Dudziak stating wanting the higher standards met for this building whether it is an accessory building, two structures, or one (1) building with a carport. Barry LeBaron stated if the SUP was to be approved by the city council, the standards or regulations will have to be maintained by all homeowners. Planning & Zoning Commission Minutes - April 10, 2006 Page 5 of 6 Commissioner Byerly questioned if the neighbors work out an agreement regarding the planting of photinas on the property, will this regulation be placed in the SUP? Barry LeBaron stated having issues with affixing a requirement on this SUP for an adjacent property. Attorney Boyle stated the limitations should only apply to the requesting property. Commissioner Blassingame stated to Mr. Manzare that it appears a compromise can be met by all of the parties involved; those should be brought to the next public hearing. Commissioner Byerly stated the motion being to continue this item until the April 24, 2006 meeting. The motion was approved by the following vote: Aye: Dudziak, Taylor, Blassingame, Byerly Nay: Bartkowski, Duffy TABLED ITEMS 4. Case Z-06-003 - Request for a zoning change from AG Agricultural to R20 Single Family Residential on 3 acres on Lot 1, Block 1 of the Wilson Estates Addition located at 1304 Tinker Road STAFF REPORTS Barry LeBaron stated a draft is being constructed on the Permitted Use Table in the Land Development Code. The list is being expanded and will be brought forward in a workshop in late June or early July for the Commissioner's comments. COMMISSIONER COMMENTS Commissioner Duffy questioned staff regarding if the draft will be presented before the workshop? Barry LeBaron replied yes, a packet will be sent as usual. ADJOURNMENT The Commission adjourned the meeting at 8:15 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: April 24, 2006 Planning & Zoning Commission Minutes - Apri/1 0, 2006 Page 6 of 6 RESOLUTION R-06-2696 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MAY 2, 2006 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 BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND 2006. ABSTENTIONS ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary I,., David Kelly Mayor "'............~---.~~,--"_.._..,-~,..._-~,..._._-~.....~"..._'~',...