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Home My WebLink AboutCity Council-Agenda Packets-9/5/2006 City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, September 5,2006 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION MEETING 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of the Colleyville Economic Development Corporation Annual Activity Report PC-2 Presentation of SH26 Redevelopment Study Update PC-3 Presentation of Economic Development Quarterly Update PC-4 Update on the status of Church Street and Bogart Drive Design Improvements PC-5 Overview of the results of the Town Hall Meeting regarding Capital Improvements Projects PC-6 Discussion of the September 5, 2006, City Council regular agenda items 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. 551.072 - Property - Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager City of Colleyville Page 1 Printed on 9/1/2006 City Council Agenda September 5, 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: Neda Moayad, Colleyville Baha'i 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-06-2745 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation - In recognition of Lila Coley, editor, Colleyville: Then and Now - Lila Coley Proclamation - In recognition of Pat Fox, editor, Colleyville: Then and Now - Pat Fox Presentation - Colleyville: Then and Now, presented to City Council - Lila Coley and Pat Fox Proclamation - In recognition of National Alcohol and Drug and Addiction Recovery Month - Lisa Hinson, Marketing Coordinator, Right Step Presentation - In recognition for service on the Celebrate Colleyville Steering Committee - Mr. Ed Baker, Ms. Linda Baker, Ms. Jaime Thibodeaux, and Mr. Nelson Thibodeaux Presentation - In recognition for service on the Historical Preservation Committee - Mr. Nelson Thibodeaux 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2746 4a Approval of the minutes of the regular City Council meeting of August 15,2006 City of Colleyville Page 2 Printed on 9/1/2006 City Council Agenda September 5, 2006 4b Approval of a Final Plat for Lots 1-124, Blocks 1-7 of the Heritage Oaks Addition on 22.7 acres located in the northwest quadrant of Glade Road and Heritage Avenue, Case P-06-037 4c Approval of the Annual Review of the City's Investment Policy 4d Approval of a Historical Marker to be placed at the Webb House 4e Approval of an exchange of real property in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 18,076 square feet of City-owned property along Church Street 4f Adopting the Economic Development Capital Improvement Program for Fiscal Years 2007-2011 of the Colleyville Economic Development Corporation 49 Approval to renew the Horticulture Grounds Maintenance Contract with The Brickman Group, LTD., in an amount not to exceed $179,285.12, and authorize the City Manager to sign the contract 4h Approval to renew the Grounds Maintenance Contract Mowing to Whitmore and Sons, Inc., in an amount not to exceed $176,644.32, and authorize the City Manager to sign the contract 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-06-1587 Approval to replace Emergency Ordinance 0-06-1579 and amending Chapter 98, Article II regarding water service and water conservation providing for a drought contingency plan 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-06-1588 Approval of the recommendation to repeal a Special Use Permit for alcoholic beverage sales on Lot AR, E.M. Thompson Subdivision, located at 5224 Colleyville Boulevard, Case Z-06-021 6b 0-06-1589 Adoption of the proposed Fiscal Year 2006-2007 Budget 6c 0-06-1590 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2006-2007 6d 0-06-1591 Amending Ordinance 0-92-880 setting fees and charges for City services and facilities City of Colleyville Page 3 Printed on 9/1/2006 City Council Agenda September 5, 2006 6e 0-06-1592 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2006-2007 Budget 6f 0-06-1593 Approval to amend Section 3 of Ordinance 0-05-1540 of the Fiscal Year 2005-2006 General Fund Budget authorizng the expenditure of $114,612 to purchase Fire Department capital equipment and the transfer of $1,080,000 for sales tax incentive agreements 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-06-2747 Approval of a request by Grapevine-Colleyville Independent School District for an extension of time for the use of two existing portable buildings on property located at 5800 Colleyville Boulevard, Case G-06-023 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Colleyville Center Marketing Subcommittee Minutes - April 24, 2006 Colleyville Center Advisory Committee Minutes - May 22,2006 Zoning Board of Adjustment Minutes - June 13, 2006 Library Board Minutes - July 17, 2006 Planning and Zoning Commission Minutes - July 24, 2006 Planning and Zoning Commission Minutes - August 14, 2006 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 5, 2006 Reading and Public Hearing - Resolution R-OG-2748 ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, se~~(kJ Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. City of Colleyville Page 4 Printed on 9/1/2006 City Council Agenda September 5, 2006 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 Colleyville Page 5 Printed on 9/1/2006 .r:;:::~L~~!:::,. c.e ((':0.;"" 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: 09/05/2006 Controlling Body: City Council Requester: Finance Department Agenda No.: PC-1 Final Action: File Name: Presentation of the Colleyville Economic Development Corporation Annual Activity Report Attachments: Annual Report of the Colleyville Economic Development Corporation.pdf. EDCIP Plan 2006-2010.pdf. Expenditure of Promotional Funds Memo dated August 18, 2006 . City of Colleyville Promotional Ads.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 09/05/2006 City Council Title Presentation of the Colleyville Economic Development Corporation Annual Activity Report Explanation The Colleyville Economic Development Corporation Bylaws require that the Board make an annual report by February 1, 2007, to the City Council "reviewing the accomplishments of the Corporation for the preceding year and the activities of the Corporation for the budget year". Attached is the annual report that was approved by the Colleyville Economic Development Corporation Board at the August 22,2006 meeting. City of CoUeyville Page 1 Printed on 8/31/2006 ANNUAL REPORT OF THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION ACTIONS OF THE CORPORATION On August 23,2005, the Board held its annual meeting and approved the FY 06 annual budget for the Corporation with projected revenues of $1,788,100 and expenses of $1,520,928. The Board also adopted the attached Economic Development Capital Improvement Plan (EDCIP) for fiscal years 2006 through 2010. This plan provides funding for Nature Center and Sparger Park improvements, City Park road extension, McPherson Park construction, Pleasant Run practice lot paving, park irrigation monitoring system, trail construction, trails grant match, Senior Center design/furnishings and Senior Center open area development. On December 13, 2005, the Board held a special meeting and the primary topic was the discussion of the proposed uses of the funds for economic development. Scott Wellmaker, the City of Colleyville's Economic Development Director provided a five year plan for the expenditure of the $80,000 annual funding. For the first year, $5,000 would be spent on the web site redevelopment, $25,000 would be spent for economic development related advertising, and $50,000 would be spent for cultural and musical events. During the next four years, the funds would be split between economic development advertising ($30,000) and cultural and musical events ($50,000). ECONOMIC DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM FY 2006 - FY 2010 PROJECTED FISCAL YEAR 2005 2006 2007 2008 2009 2010 BEGINNING FUND BALANCE $949,709 $1,230,394 $710,209 $669,533 $627,086 $501,883 PROJECTED 1/2 CENT SALES TAX REVENUE $944,932 $963,831 $1,002,384 $1,042,479 $1,084,178 $1,127,545 INTEREST INCOME $15,435 $36,912 $21,306 $20,086 $18,813 $15,056 2005 BOND SALE PROCEEDS $0 $2,000,000 $0 $0 $0 $0 USE OF AVAILABLE CASH $0 $777,357 $299,223 $302,453 $382,482 $247,204 TOTAL REVENUES $960,367 $3,778,099 $1,322,912 $1,365,018 $1,485,473 $1,389,806 OPERATING: ADMINISTRATIVE $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 2005 DEBT SERVICE & 1.4 TIMES COVERAGE $0 $900,099 $904,913 $910,018 $900,473 $904,806 1997 DEBT SERVICE & 1.4 TIMES COVERAGE $665,606 $0 $0 $0 $0 $0 2000 DEBT SERVICE & 1.4 TIMES COVERAGE $179,549 $0 $0 $0 $0 $0 MARKETING $0 $80,000 $80,000 $80,000 $80,000 $80,000 CAPITAL: ADA IMPROVEMENTS NATURE CENTER PARK $0 $95,000 $0 $0 $0 $0 SPARGER PARK $0 $0 $125,000 $0 $0 $0 COLLEYVILLE CENTER CHAIR REPLACEMENT $36,000 $0 $0 $0 $0 $0 MC PHERSON PARK Phase I $0 $238,000 $0 $0 $0 $0 Phase I (Bond Sale Proceeeds) $0 $400,000 $0 $0 $0 $0 Phase II $0 $0 $0 $0 $500,000 $0 CITY PARK ROAD EXTENSION $0 $130,000 $0 $0 $0 $0 PLEASANT RUN PRACTICE FIELD PARKING LOT $0 $50,000 $0 $0 $0 $0 PARK LAND PURCHASE (Bond Sale Proceeds) $0 $400,000 $0 $0 $0 $0 SENIOR CENTER FACILITY (Bond Sale Proceeds) $0 $1,200,000 $0 $0 $0 $0 FF&E AND RENOVATIONS $35,000 $150,000 $0 $0 $0 $0 OPEN AREA DEVELOPMENT $0 $0 $108,000 $0 $0 $300,000 CITYWIDE IRRIGATION MONITORING SYSTEM $0 $50,000 $0 $0 $0 $0 CITYWIDE TRAIL SYSTEM GRANT MATCH $0 $0 $0 $300,000 $0 $0 TRAIL CONSTRUCTION $0 $80,000 $100,000 $70,000 $0 $100,000 TOTAL EXPENDITURES $921,155 $3,778,099 $1,322,913 $1,365,018 $1,485,473 $1,389,806 EXCESS REVENUES OVER EXPENDITURES $39,213 $0 $0 $0 $0 $0 ADD BACK .4 TIMES BOND COVERAGE RATIO $241,473 $257,171 $258,547 $260,005 $257,278 $258,516 ENDING FUND BALANCE $1,230,394 $710,209 $669,533 $627,086 $501,883 $513,195 ASSUMPTIONS: FY 2006: 1/2 OF CITY SALES TAX BUDGET PROJECTION / FY 2007 - 2010: 4% GROWTH DUE TO COLLEYVILLE BLVD.CONSTRUCTION MEMORANDUM Office of Economic Development TO: FROM: SUBJECT: DATE: Colleyville Economic Development Corporation (CEDC) Board Scott Welmaker, Economic Development Manager Expenditure of promotional funds in FY 2005 August 18, 2006 For FY2005, the CEDC appropriated $80,000 to the Economic Development Department to be used for promotional and cultural activities. The funds were planned to be used as follows: . $5,000 toward redesign of the City's website . $25,000 for print advertisements . $50,000 for cultural and musical events o Tutu Jones Concert in the Village = $5,000 o Four spring/summer concerts @ $5,000 each o Colleyville 50th Anniversary major act = $25,000 The actual expenditures are as follows ($79,891): . Redesign of the City's website = $5,000 . Print Advertisements ($25,546): o Dallas Business Journal- 7 advertisements =$14,475.30 o Shopping Centers Today - 4 advertisements = $11,071.50 . Print advertising design = $5,363 . Cultural and Musical Events ($43,982) o Tutu Jones concert in the Village = $4,932 o Colleyville 50th anniversary = $25,000 o Colleyville Culture Fest = $4,050 o Grand opening for Metro Cinema IMAX = $10,000 . Balance = $109 o City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Version: Requester: File Type: Pre Council Agenda Date: 09/05/2006 Economic Development Agenda No.: PC-2 Department Presentation of SH26 Redevelopment Study Update Status: Pre Council Controlling Body: City Council Final Action: File Number: File Name: Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 09/05/2006 City Council Title Presentation of SH26 Redevelopment Study Update Explanation At the March 17, 2006 City Council meeting, the Economic Development and Community Development Department staff briefed the City Council on the proposed SH26 Corridor Redevelopment Study, which would involve the scheduling of meetings with business tenants and commercial property owners along SH26 to identify opportunities and challenges during and after the reconstruction of the roadway. Staff identified eleven study areas and six meetings have been held. The meetings combined the identified study areas with adjacent properties in order to include all affected property owners and tenants. Colleyville City staff Barry LeBaron and Scott Welmaker conducted the meetings. At each meeting, staff conducted a brief presentation to update stakeholders on the current status of the project. Examples of shared access and redevelopment opportunities were presented. The balance of the meetings were a roundtable discussion to discover common and property-specific issues. Meeting 1: March 29,2006 Area from 3801 (Foreman's) through 4508 (Ebby Halliday) Colleyville Boulevard including 103-121 Acuff and 3801-4104 Felps addresses. 88 notices mailed. Attendance 7 (5 + 2 council candidates) Meeting 2: April 19, 2006 Area from 4605 (Rice King) through 5000 (Chase) Colleyville Blvd. including 300-1001 Glade addresses. City of Colleyville Page 1 Printed on 8/31/2006 Agenda Briefing Continued 74 notices mailed. Attendance 5 Meeting 3: May 17, 2006 (Thompson Terrace Triangle) Area from 4913 (Red Barn BBQ) through 5127 (Country Sno Cones) Colleyville Boulevard including Thompson Terrace and some Glade Road addresses. 61 notices mailed. Attendance 9 Meeting 4: June 28, 2006 Area from 5150 (Applebee's) through 5712 (People's Bank) Colleyville Boulevard excluding Colleyville Town Center addresses. 70 notices mailed. Attendance 4 Meeting 5: July 12, 2006 Area from 3801 (Caliber Collision) through 4508 (Surgical Arts) Colleyville Boulevard. 70 notices mailed. Attendance 12 Meeting 6: August 16, 2006 Area from 6521 (Hodge's Automotive) through 7115 (KWIK Dry Clean) Colleyville Boulevard including 508-1901 John McCain addresses. 64 notices mailed. Attendance 1 At the meetings, several key common issues emerged, as follows: 1. Signage - several properties will require variances from the sign ordinance in order to have any signage. Current setback requirements will not be possible for some properties. 2. Landscaping - current required landscape buffer will not be possible for some properties. In some cases (Albertsons, Colleyville Town Square) enforcing landscaping would compromise parking to the point of disutility. 3. Parking - current required parking ratios will be compromised. Some businesses will be left with inadequate parking for their needs. 4. Cross access easements - many mid-block and corner businesses will require cross access easements with neighboring property owners. 5. Median cuts - some business access will be made more difficult. Shared access with adjacent property owners is needed. How can the City make this happen? G. Business disruption - all of the businesses are concerned about business disruption during the construction. Staff has committed to providing individual business signage to assist customers in finding the business. Car washes and spas offering facials have commented that the dust from the construction will negatively impact business. City of Colleyville Page 2 Printed on 8/31/2006 Agenda Briefing Continued 7. Legal non-conforming status - banks require additional insurance and may be reluctant to lend on "legal non-conforming" properties. The term itself generates uncertainty among tenants and owners. 8. Current market rent rates - Rates quoted for new construction are higher than many long time businesses are accustomed to paying and may be cost prohibitive. 9. Improvements may not be an option for the tenant - The property owner (lien holder or landlord) receives the compensation for loss and damages. Tenant or mortgagee may not have the resources to improve. In addition to these common concerns, numerous specific property issues have been identified. Staff has met with the individual businesses to address these concerns. Staff has begun the evaluation of the input and a full report will be presented to the City by the second quarter of the year. City of Colleyville Page 3 Printed on 8/31/2006 .e If.,,,,.... 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: 09/05/2006 Controlling Body: City Council Requester: Economic Development Agenda No.: PC-3 Final Action: Department File Name: Presentation of Economic Development Quarterly Update Attachments: Memorandum Office of Economic Development Update - Economic Development activities History of Legislative File Version: Date: Acting Body: Action Text: 09/05/2006 City Council Title Presentation of Economic Development Quarterly Update Explanation This item provides an opportunity for the Economic Development Manager to present an update of Economic Development Initiatives. City of Colleyville Page 1 Printed on 8/31/2006 ce .m__ "l~ MEMORANDUM Office of Economic Development TO: FROM: DATE: SUBJECT: City Council Scott Welmaker, Economic Development Manager September 5, 2006 Update - Economic Development activities New activities since the June 06,2006 report include: . Hosted meetings with three SH26 redevelopment business groups on redevelopment plans during and after construction. This completes the meetings with the eleven identified redevelopment areas. · Met with sixteen individual property and business owners outside of the regional meetings to discuss SH26 redevelopment plans and concerns · Compiled information for preliminary report to City council on SH26 redevelopment initiatives . Hosted second annual Business Appreciation Breakfast at Colleyville Center to a confirmed audience of 85 · Produced and promoted the first annual Colleyville Culture Fest in conjunction with 10S Fine Art and the Colleyville Public Library resulting in a confirmed attendance of 675 . Presented Economic Development Update to Fort Worth Commercial Real Estate Women · Presented Economic Development Update to South lake Executive Forum . Reserved a booth at the North Texas Commercial Association of Realtors Expo in Dallas September 14, 2006 . Reserved a booth at the International Council of Shopping Centers Texas Deal Making Conference October 12-14, 2006 . Worked with City staff and Metro Cinema owner to open the theater early . Negotiated property exchange with adjacent property owners for Church Street realignment · Met with property owner on plans for two retail developments in Colleyville to begin in 2007 · Met with owners of SW corner of John McCain and SH26 on a mixed use development . Met with national entertainment complex developer on possibilities in Colleyville . Discussed redevelopment options with listing broker for closed KinderCare . Mailed 875 announcements of the upcoming DBU-Colleyville Business Breakfast Seminar Series II to begin September 13 . Created and updated a Colleyville business listing spreadsheet for web search capability . Met with president of national entertainment complex developer on two possible sites in Colleyville . Met with The Village at Colleyville development group to discuss plans and report on City activities . Met with the Blue Shoe Project on plans to hold a major event in Colleyville Town Center . Met with developer of senior living facility . Working with owners to plan grand opening of Borders . Working with owners to plan grand opening of Metro Cinema . Participated in budget process including work sessions and Budget Education Day . Reported the results of the first year marketing plan to CEDC . Participated in nine Chamber events . Presented 2006-2007 budget . Provided information to Council relating to the city owned property at 5100 Colleyville Blvd., resulting in demolition of the building . Worked with TxDoT to process work order to update population on City Limits signs . Distributed 1,000 dining guides through the GCISD-sponsored National Forensics League finals . Met with conductor of Northeast Orchestra to plan two concerts in Colleyville . Met with new leasing agent for Colleyville Towne Square . Discussed future of Colleyville's Albertson's stores with their new corporate owner . Working with restaurant owners to develop a "lunch in Colleyville" promotion . To date, seven ads have appeared in Dallas Business Journal, four in Shopping Centers Today. Inquiries are up significantly. Reported June OG, 2006: . Represented Colleyville at the ICSC Spring Convention . Hosted a meeting with SH26 Business Group 2 on redevelopment plans during and after construction . Hosted a meeting with SH26 Business Group 3 on redevelopment plans during and after construction · Hosted the final DBU-Colleyville Small Business Breakfast Series . Worked with prospect to purchase a space at 62 Main for a fine wine store · Worked with two different concepts that may go in to the Kroger building . Scheduled the 2006-07 DBU-Colleyville Small Business Breakfast Series . Presented Colleyville's Economic Development Program to Ebby Halliday Realtors in Colleyville . Presented Colleyville's Economic Development Program to Leadership Colleyville . Attended Texas Economic Development Council Spring Conference in Frisco . Met with a Colleyville property owner on retail development plans for his property . Met with Colleyville businesses affected by SH26 widening to discuss options for parking and signage . Two advertisements have been run in Dallas Business Journal . Presented Colleyville's Economic Development Program to the Kingswood Estates Homeowners Association . Met with realtor listing 55 Main condos to coordinate marketing efforts . Represented Colleyville at the Greater Fort Worth Area Economic Development Association quarterly meeting . Attended presentation by DBU on coordinating their ongoing efforts to develop a marketing plan for SH26 businesses . Presented Colleyville's Economic Development Program to the South lake Prudential Real Estate office · Attended ICSC regional lunch meeting in Piano . Developed 2006-2007 budget . Coordinated and hosted meeting between Library Board and Metro Cinema developers to explore co-marketing opportunities . Presented Colleyville's Economic Development Program to the MetroTex Board of Realtor's Leadership Class . Met with Hidden Oaks HOA representatives to discuss options for relocation of Church Street . Continue negotiations for a land swap with David Linton to acquire ROW for the Church Street realignment · Several meetings with Realty Capital staff to plan strategy for the ICSC Spring Convention . Presented Colleyville's Economic Development Program to the Fort Worth Women's Policy Forum . Participated in 1 % day Staff Development retreat . Developed and produced marketing materials in house for ICSC Spring Convention · Began developing a monthly art show in the Village · Participated in Council Orientation · Participated in the BAF workshop . Participated in the 50th Anniversary celebration . Scheduled Business Appreciation Breakfast for June 21 · Continually update website and dining guide . Working with a Village property owner on developing a new concept . Working with ad agency on a new campaign directed toward retailers Reported previously: . Scheduled to attend International Council of Shopping Centers (ICSC) national and regional conferences in May, October and December; . Working with David Linton's attorney and N3 to complete realignment of Church Street; . Secured a booth at the North Texas Commercial Association of Realtors Expo 2006 in September; . Presented $80,000 marketing budget to include print advertising and special events marketing plan to CEDC; . Met with advertising agency to design print ads to appear in magazines; . Contracted for print advertisements in Dallas Business Journal and Shopping Centers Today to begin May 2006; . Scheduled two upcoming concerts in the special event series in the Village; . Participated in redevelopment of the City's website; . Updated all web pages relative to economic development; . Linked all restaurants in online dining guide to their respective web sites; . Working with 50th Anniversary Committee to secure a major act for June 3 celebration; . Conducted six of seven DBU/Colleyville Business Breakfast Seminars with an average attendance of 20. Second series to begin September 2006; . Coordinated groundbreaking ceremony for IMAX; . Conducted first meeting, on March 29, for SH26 redevelopment plan; . Worked with N3 to zone, plat and close 5500 Colleyville Blvd, the Starbucks Add ition; . Developed business recognition videos; . Presented Economic Development Update at the quarterly HOA meeting; . Presented Economic Development Update to the MetroTex Association of Realtors; . Presented Economic Development Update at the Colleyville Lion's Club; . Presented Economic Development Update to the sales staff of Colleyville Courier; . Participated in interview process for PW Director; . Participated in work session for the Village at Colleyville; . Met with potential developer of a project at Twin Lakes (SH26 at Acuff); . Met with potential developer of a project at SH26 and John McCain; . Met with potential developer of a project at Winding Creek addition; · Met with potential developer of a project to convert a lube shop to a restaurant; . Met with prospective owner of Tara Village on redevelopment plans; · Met with Kroger rep and Staubach to discuss marketing efforts; · Met with Kroger and Staubach to discuss a potential tenant; . Working with developers to plan expansion of the Village; . Participated in agenda training software meetings; . Attended TIF board meeting; . Attended Pictometry training; . Attended Open Meeting Act Training; . Attended Boards and Commissions informational meeting; . Hosted Alliance Commercial Realty office staff for Colleyville tour. . Attended ICSC in San Antonio November 1-3. Generated fourteen qualified leads for Colleyville developers; . Conducted three of seven DBU/Colleyville Business Breakfast Seminars with an average attendance of over 20; . Coordinated press release for Borders; . Coordinated press release for IMAX; . Working with developer to plan groundbreaking for IMAX/Metro Cinema; . Exhibited at the North Texas Commercial Association of Realtors Expo; . Attended the International Economic Development Council annual meeting; . Developed $80,000 marketing budget to include print advertising and special events. Presenting to CEDC on December 13 at 5:00PM; . Co-sponsored first concert in special event series with Tutu Jones on October 1 at the Colleyville March-a- Thon; . Developed business recognition videos on the first meeting of each month; . Working with N3 to resolve development issues on 5500 Colleyville Blvd; . Participated in human resources consultant focus group; . Participated in CRM meetings; . Participated in NCTCOG Conflict Resolution seminar in Farmer's Branch; . Contracted to place four quarterly advertisements in the Dallas Office Guide; . Attended quarterly HOA meeting October 20; . Identified areas for SH26 redevelopment study. Collecting data for in-depth analysis of potential redevelopment areas along the length of SH26; . Participating in planning the redevelopment of the City's website; . Working with developers of the Village to plan expansion of the Village; · Updated Dining Guide for website; . Met with Mayor for a Day to discuss economic development issues . Met with owner of property adjacent to 5500 Colleyville Blvd to discuss development options; . Met with retail developers at Longwood Plaza to recruit tenants. · Coordinated a press release for Metro Cinema with the Shapiro PR firm; · Marketing the DBU/Colleyville Business Breakfast Seminar Series to area businesses. As of this writing, there are 20 attendees enrolled. Postcard announcements to all Colleyville businesses mailed August 29, 2005; . Continuing to plan redevelopment strategies for SH26 with DBU, Chamber and SH26 Advisory Committee; . Participated in the interview process for Communications Manager; . Finalized departmental budget; . Coordinating development of a jazz and blues music series leveraging EDC funds with funding from private developers; . Coordinating development of an advertising campaign in D Magazine to tie in with private developer's campaign; . Updated the Colleyville Dining Guide and placed on city website; . Coordinating press release and announcement of Tenant "I" with the developer and the tenant; . Participated in Citizen's Budget Day at the Colleyville Center; . Subscribed to 360 Fort Worth promotional website - details forthcoming; . Participated in Customer Relations Management (CRM) software training; . Spoke at homebuilders and contractors meeting July 27; . Spoke to Colleyville Rotary Club August 2; . Spoke to and exhibited at Fort Worth Commercial Real Estate Women annual economic development conference; . Attended City Council budget work session; . Attended SH26 meeting with TxDoT. . Hosted a Business Appreciation Breakfast at 7:30-9 AM June 15, 2005; . Met with representatives of IMAX to determine level and type of incentives necessary to secure their project; . Finalized incentive agreement for IMAX at Colleyville Town Center Phase III; . Finalized incentive agreements for Borders, Cinema and Developer at Colleyville Town Center Phase III; . Hosted HSM Urban Partners in their proposal to complete development of the Village at Colleyville; . Attended the International Council of Shopping Centers annual conference and deal making program; . Met with Kroger officials to determine the timeframe of closing the Colleyville location; . Met with shopping center owner's representative and Kroger's leasing representative to discuss prospective tenants for the Kroger space; . Developed a Business Breakfast Seminar Series in conjunction with DBU - Colleyville; . Made a presentation at a Library Board meeting to gauge interest in hosting an art gallery in the Library; . Attended Celebrate Colleyville organizing committee meeting; . Proposed and in development of a program with DBU - Colleyville where their ongoing MBA capstone course will incorporate the redevelopment of SH26; · Sponsored a hole at the CREW Annual Golf Tournament; . Created and printed a Colleyville aerial poster for distribution to developers; · Graduated from Leadership Colleyville; . Developed a departmental budget; · Developed a budget for utilizing 4B sales tax revenue for appropriate projects; · Updated Council Work Initiatives. . Developing a "buy locally" campaign to include direct mail and print advertisement; . Created a Dining Guide included in the Spring issue of Colleyville Communicator; . Working with Communication Manager to explore possible improvements to the City website; . Writing a regular economic development column in the Colleyville Communicator; . Working with several developers and property owners to incorporate the City-owned 1.9 acre tract at Church Street and SH26 into a cohesive development. Contacted and provided information to the owner of the tract adjoining the 1.9 acre Church property tract; . Presented a strategic plan in accordance with recommendations in Resolution R-02-2262 and the goals for FY2005 listed in the City budget on the March 15 agenda; . Working with an architect to develop the northwest corner of Hardage and SH26; . Working with a prospect to develop the southwest corner of Hardage and SH26; . Working with a developer on a retail project at John McCain and SH26; . Working with several property owners on SH26, Precinct Line and Glade to explore development opportunities; . Developed conceptual site plans for Precinct Line property, SH121 frontage and Heritage at Glade; . Working with broker to explore development opportunities at Glade Road and Heritage Road - 4 acre project to include retail and office; . Working with City departments to develop a SH26 redevelopment plan; . Working with the Community Development Department to plan redevelopment for the "Thompson Terrace triangle" and other areas which will be impacted by the widening of SH26; . Ongoing development of contacts with commercial real estate agents including membership in North Texas Commercial Association of Realtors, International Council of Shopping Centers, CISnet and Commercial Real Estate Women; . Ongoing work with the Community Development Department to evaluate proposed commercial projects; . Continuing to contact prospective tenants and developers and developing a list of businesses for targeted marketing; . Ongoing participation in groundbreakings, ribbon cuttings and grand openings of Colleyville businesses; . Continuing to meet Colleyville small business owners and operators; . Awarded Certified Economic Developer (CEcD) recertification through June 2008. 2:'::::'! . -r(.s.:-.;, City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: Requester: File Name: File Type: Pre Council Status: Pre Council Agenda Date: 09/05/2006 Controlling Body: City Council Engineering Department Agenda No.: PC-4 Final Action: Update on the status of Church Street and Bogart Drive Design Improvements Attachments: Exhibit: Church Street Realignment. Exhibit: Bogart Drive and Pleasant Run Road Intersection History of Legislative File Version: Date: Acting Body: Action Text: 1 09/05/2006 City Council Title Update on the status of Church Street and Bogart Drive Design Improvements Explanation This item is provided as an opportunity for Staff to update Council on the status of the design of the Church Street and Bogart Drive Improvements. Design is currently underway for the extension of Church Street, from SH26 to Pleasant Run Road, and the construction of the cul-de-sac on the south end of Hidden Oaks Drive. Several design and right-of-way acquisition issues are being addressed, including the proposed land exchange with David Linton and the City of Colleyville. Staff is contacting five property owners adjacent to the roadway alignment to obtain additional right-of-way. The project is being designed as an ultimate four lane divided concrete street, and will provide needed access and enhanced traffic movement in the area. Although a four lane roadway is planned, the design may be adjusted for a four lane concrete street, from SH26 to a point beyond Hidden Oaks Drive, and transition to two lanes to Pleasant Run Road, dependent on right-of-way availability. The two lane section would be constructed with asphalt and the planned trail can be placed within the existing right-of-way. When the adjacent property develops at a later date, and right-of-way is dedicated for street improvements, the two lane portion of Church Street can be constructed to a four lane concrete street. The widening of Bogart Street, from Hall Johnson Road to Pleasant Run Road is also under design. The engineer is currently in the process of designing intersection improvements at Bogart Drive and Pleasant Run Road, as part of the first phase of design and construction. Also included in the first phase is a traffic analysis that will determine if Bogart Drive should be widened to a three or four lane concrete street. The final design and construction of Bogart Drive will be performed as the second phase of the overall project. Staff will discuss the status of this project, which includes discussions with Grapevine-Colleyville Independent School District (GCISD) for the design and construction of the turn lane improvements on City of Colleyville Page 1 Printed on 9/1/2006 Agenda Briefing Continued Pleasant Run Road. These improvements will consist of new turn lanes without curb and gutter. In addition, the existing bar ditches will remain for storm water conveyance. City of Colleyville Page 2 Printed on 9/1/2006 f- Wf- ..~z f-f-W il:l(/)~ I-< Z :c:c8 xu.....! W~<I :JW :c~ u zVJ of- .........z f-f-W .......u~ ~WW :cVJ> x 0::: 0 WWo::: f-Q.. ~~ ....... o Ie ..z1!~0! ]~g!g! (fJ~,,,)"'i c: ,;:?::il m~ ~ 1 Ii li I I '" W " ~gs~ ~u.8 ::loal ~~a:: _::>0 ~~c:) x z ~ ~~~ ~ Ol-~ Q... !.LoES ~ (f)ZQ.. n. ~::1z I- z~O iii ~oE",' z <z::>W ~ l:l5<l!:lB ~ ~~~~ lJ.. ~~8i[ 1=1 oIl~ D wocB -->z...... ~......:J~ ~ococu ......1=1 W I~~~ X ZLL WOC~W ~(I)I- ~~~ IIlW ..J a.. z(l) D~ ........Z ~~W ......u~ IIlWW :2(1)> XOCD WWOC 1-0... Z~ ............ ~ ~ un ~ .~ ilFllSW') lOt"':: ~~~~ ~ 1 Ii @ Ii I ~i~~ oW ~~ en " ~l5~ 0.....0 ~offi o..~a: ....::JO ~wci' ~[Dz ~ w~~ o ~bffi ~ (l)Zo.. =- -...J M 0.. ,,-,~ I- Z~F a; ~~g ~ 25<1!' ~ !!l~~ _ j!;~u Ie 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: 09/05/2006 Controlling Body: City Council Requester: Engineering Department Agenda No.: PC-5 Final Action: File Name: Overview of the results of the Town Hall Meeting regarding Capital Improvement Projects Attachments: Area Designation Map. Town Hall Meeting Street Capital Improvement Plan August 22,2006 History of Legislative File Version: Date: Acting Body: Action Text: 1 09/05/2006 City Council Title Overview of the results of the Town Hall Meeting regarding Capital Improvements Projects Explanation This item provides an opportunity for staff to give Council an overview of the comments received at the August 22, 2006, Town Hall Meeting. The Capital Improvement Plan Committee hosted a town hall Meeting on Tuesday, August 22, 2006, with the purpose of soliciting comments and recommendations from citizens for proposed city wide roadway improvements. Attendees were asked to divide into smaller groups based on five different school attendance zones. In each group, the facilitator asked for responses regarding needed roadway improvements within the attendance zone and city wide. Subsequently, each attendee was asked to prioritize the respective street lists accordingly to determine which potential projects were most necessary in a multi-year capital improvement program. Attached is a summary of all street recommendations and suggestions made by each citizen. The next town hall meeting will be September 18, 2006. Data from that meeting will be collected and combined with the information from the August 22,2006 meeting, with a final report being presented to City Council in October. City of Colleyville Page 1 Printed on 9/1/2006 AREA DESIGNATION MAP: CITY OF COLLEYVILLE AREA ATTENDANCE ZONE -. 1 - O.C. Taylor Elementary 2 . Bransford Elementary 3 - Heritage Elementary 4 - Colleyville Elementary -~---^_._. 5 - Glenhope Elementary Town Hall Meeting Street Capital Improvement Plan August 22, 2006 Section 1 and 3 Street Recommendations Do tsNotes 1. Reconstruct Cheek Sparger/Jackson Intersection 2. Reconstruct Cheek Sparger/Martin Intersection 3. Reconstruct Glade/Heritage Intersection 4. Redesign Jackson Bridge 9 2 2 1 Comments 1. Use Roundabouts 10 2. Widen Intersections And Add Turn Lanes 8 3. Keep Roads The Way They Are-Small 8 4. No State Or Federal Funding-Maintain Local Control 7 5. Supports State And Federal Funding 4 6. Improve Roads With Widening 3 7. Improve Flow Of Traffic 1 8. Improve Roads Without Widening 0 9. Add Curbs And Gutters 0 10. Add Crosswalks/Protected Crossings 0 11. Discourage Cut-Through Traffic 0 12. Add Bicycle Lanes 0 Outside Comments 1. No Outside Funding 2. City Should Consider The Installation Of Roundabouts Instead Of Traffic Lights Section 2 Street Recommendations DotsNotes 1. Improve Saddlebrook Drive-Bumpy And Unstable 28 2. Improve Plantation Drive-Poor Condition 21 All Roads In Tara Plantation In Poor Condition 3. Felps Drive Is Too Narrow, Very Dangerous, Needs 12 Drainage Improvements 4. Bransford/Glade Intersection Is Congested Due To School 5 Traffic. Needs Additional Lanes For School Drop-Off Traffic 5. Bedford Road Bridge Needs To Be Wider Or Construct 4 Pedestrian Bridge 6. West Bound Glade Road Needs To Be Remarked 3 7. Improve Cheek Sparger/Jackson Intersection 2 8. No Widening At Cheek Sparger/Glade Intersection 2 9. Visibility Poor At Bedford/Glade Intersection 2 10. Improve Pavement Markings At Glade/Jackson Intersection 1 11. Cheek Sparger Too Narrow West Of Brown Trail 1 12. Need Right Turn Lane Eastbound Glade/SH26 1 13. Bedford Road Needs Flood Control 1 14. Curve On Cheek Sparger Is Dangerous 0 15. Intersection Improvements At Bedford/Cheek Sparger 0 16. Poor Visibility On Saddlebrook Drive At Bedford Road 0 17. Too Steep At Bedford Road 0 18. Drainage Ditch On Cheek Sparger Is Dangerous 0 19. Need An Entrance To The Village From Bransford Road 0 Comments 1. Drainage Ditch Along Bransford Road Is Dangerous 5 2. Protected Turn Arrow On Lights Along SH26 4 3. Better Traffic Flow On Major Thoroughfares 1 4. Address Street Drainage Problems 1 5. Garbage Trucks Leave Mess On Streets 1 6. Need For More Frequent Street Maintenance Throughout City 0 Outside Comments 1. Tara Plantation Needs Street Repairs/Resurfacing Important To Maintain Property Values 2. Saddlebrook Drive Needs To Be Rebuilt And Drainage Control 3. The Cross-Tie Wall Along Bedford Road Needs To Be Rebuilt 4. Glade/Bedford Intersection Needs Improvements-Hazardous 5. City Needs To Look At Cities Such As Highland Park-Modest Streets Yet Well Maintained 6. Maintain/Repair Streets We Have-No Broad Ribbon Of Concrete As Surrounding Cities 7. Petition Submitted By Area Property Owners Requesting The Installation Of Sidewalks In The Felps/Sparger Addition Section 4 Street Recommendations DotsNotes 1. Repair/Repave Shelton Drive 10 2. Sidewalks On Pleasant Run Road 10 3. SH26 Needs Turn Lanes Into Some Neighborhoods 9 Such As Hardage Estates 4. Pleasant Run Road (By New School) Needs To Be At Least 6 Three (3) Lanes 5. Replace Bridge At The East End Of Shelton At Pleasant Run 3 6. Need Alternate Route For Traffic Cutting-Though To 3 Pleasant Run/Bransford Via Shelton 7. Improve Drainage Shelton/Pleasant Run (New School) 2 8. Difficult Turning With Existing Medians At John McCain/ 2 Westcoat Intersection 9. Add Turn Lanes To SH26 2 10. Modify Bridge On Shelton At Pleasant Run 1 11 . Seal Asphalt On Shelton Drive 0 12. SH26/John McCain Intersection Needs To Be Smoothed Out 0 13. Safer/lncreased Turn Lanes On SH26 0 14. Bear Creek Crossing Needs A Bridge Rather Than Dips 0 15. New School Will Need A Turn Lane-No More Than Three (3) 0 Lanes To Include Turn Lane Comments 1. Increased Maintenance On Neighborhood Roads 27 2. Widen Major Non-Neighborhood Roads 22 3. Increase Traffic/Speeding Concerns On Shelton 9 Bransford And Pleasant Run 4. Increase Speed Limit To 35 Mph To Match Grapevine 9 5. Put 1/8 Of "Crime Tax" Money Into Street Maintenance 8 6. Expansion In Appropriate Areas/Sidewalks Citywide 7 7. Traffic Routing-Due To New School 4 8. Need Street Lights (Not Traffic Lights) At All Cross Street 4 9. New School Will Cause Safety Issue For Children Walking 3 Along Shelton Drive 10. Respect The Wishes Of Those Living In Neighborhoods 3 11. Traffic Concerns/Flow With New School 3 What Is Plan? How Many Lanes/Sidewalks? 12. Increased Traffic Has Caused A Lack Of Adequate Roadways 2 13. Traffic/Trucks/Construction Causing Street Failures 2 14. Increase Traffic Flow/Turn Lanes 1 15. Maintain Neighborhood Roads 1 16. Lack Of Shoulders (Bar-Ditches, Culverts, Etc) 1 17. I ncrease Maintenance On Older Roads 1 18. Street Failures/Maintenance After Residential Improvements 1 19. Reconstruct Existing Roads Without Increasing Lanes 0 20. Outside Traffic Should Be Discouraged 0 70% West Of Precinct Line Needs To Be Discouraged 21. Traffic Issues During School Zone Hours At Bogart And 0 Pleasant Run Road 22. Need For Immediate Road Improvements - Such As Pot Holes 0 23. Additional Traffic On Shelton From New School 0 24. Do We Need Another Four (4) Lane, North-South Road 0 25. City Lacked Planning For Traffic Changes 0 Outside Comments 1. Central Drive Adjacent To The Village Has Been Repaired Several Times With Continued Deterioration-Needs To Be Replaced 2. Strong Objection To Adding Light To John McCain/Pleasant Run Intersection Would Ruin Country Atmosphere, Would Like To Leave As Is, But Is Accepting Of A Right Turn Lane 3. John McCain/Pleasant Run Concerns Over Roundabout-Is Area Large Enough To Accommodate Roundabout 4. Concerns That Changing The John McCain/Pleasant Run Intersection Will Draw Additional Traffic 5. Repairs Desperately Needed On Bettinger Drive Between White Drive And L.D. Lockett 6. City Seems To Find Money To Help With New Development, But None For Streets In Use For Over Fifty (50) Years 7. Install Street Lighting On Hall Johnson Road Between SH26 And Pool Road Safety Issue For People Walking Due To Increased Traffic From Movie Theatre 8. Install Sidewalks On Bransford Road North Of Ball Fields Up To The Railroad Tracks-A Lot Of People Walk This Section Of Road-No Place For Children Walking To School-Was Voted A Top Priority At Previous Planning Session 9. City Shouldn't Spend Another Penny On Improving Inadequate Street System 10. Speed Limits Need To Be More Reasonable-Rather Than 30 Miles Per Hour 11. Four Lane Improved Streets Speed Limits Should Not Be Posted At Less Than 40-45 Miles Per Hour 12. An 85 Percentile Normal Traffic Speed Study Needs To Be Performed On All Major Thoroughfares In The City 13. Colleyville Blvd. Speed Limit Needs To Be 50-55 Miles Per Hour 14. If Speed Limits Are Going To Remain 30 Miles Per Hour-Then Leave The Road As Is Section 5 Street Recommendations DotsNotes 1. Merge Onto SH26 (Southwest) From Tarrant Lane 9 Will Become A Safety Hazard Once SH26 Is Divided 2. Consider Widening East-West Thoroughfares To 3-4 Lanes 10 Such As: Cheeks Sparger Or Glade Road Comments 1. Neighborhood Roads Are All Concrete Or Resurfaced Asphalt 0 In Poor Condition 2. Widening East-West Thoroughfares Will Improve Safety 0 Fire And Police Response Improve Economic Development 3. Most Citizens Want Wider Roads 0 4. Four (4) Lanes At Hall Johnson Road Has Not Reduced 0 Property Values In Highland Meadows Outside Comments 1. There Are Miscellaneous Street Failures On Atlanta Drive That Need To Be Addressed ~e "~.."'" City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: File Type: Pre Council Status: Pre Council Controlling Body: City Council Requester: Office of the City Secretary File Name: Discussion of the September 5, 2006, City Council regular agenda items Agenda Date: 09/05/2006 Agenda No.: PC-6 Final Action: Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 09/05/2006 City Council Title Discussion of the September 5, 2006, City Council regular agenda items City of Colleyville Page 1 Printed on 8/28/2006 i.'.il~t' c@ne i;:;;:\... City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: Agenda Date: 09/05/2006 Agenda No.: 1 Controlling Body: City Council Final Action: Requester: Office of the City Secretary File Name: Executive Session - Legal Consultation - September 5, 2006 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 09/05/2006 City Council Title 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. 551.072 - Property - Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager 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 Colleyville Page 1 Printed on 8/31/2006 RESOLUTION R-06-2745 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 5, 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 ofthe 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 2006. ABSTENTIONS ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor ~:I ceo -n.s.,,,, 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 Controlling Body: City Council Final Action: Version: 1 Agenda Date: 09/05/2006 Agenda No.: 3 Requester: Office of the City Manager File Name: September 5, 2006 Proclamations and Presentations Attachments: Lila Coley Proclamation.pdf. Pat Fox Proclamation.pdf. National Alcohol and Drug Addicition Recovery Month.pdf. Celebrate Colleyville Plaques.pdf. Historical Preservation Plaque.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 09/05/2006 City Council Title Proclamation - In recognition of Lila Coley, editor, Colleyville: Then and Now - Lila Coley Proclamation - In recognition of Pat Fox, editor, Colleyville: Then and Now - Pat Fox Presentation - Colleyville: Then and Now, presented to City Council - Lila Coley and Pat Fox Proclamation - In recognition of National Alcohol and Drug and Addiction Recovery Month - Lisa Hinson, Marketing Coordinator, Right Step Presentation - In recognition for service on the Celebrate Colleyville Steering Committee - Mr. Ed Baker, Ms. Linda Baker, Ms. Jaime Thibodeaux, and Mr. Nelson Thibodeaux Presentation - In recognition for service on the Historical Preservation Committee - Mr. Nelson Thibodeaux City of Colleyville Page 1 Printed on 8/31/2006 roclamation CITY OF Colleyville, Texas WHEREAS: Lila Coley has resided In Colleyville for over 25 years; and WHEREAS, For all of those years Lila Coley has voluntarily served the City of Colleyville in numerous capacities, to include being a working member of the Sesquicentennial Commission, American Association of Retired Persons (AARP) and the Colleyville Historical Preservation Committee; and WHEREAS, In 2004, while serving as the Vice-Chairperson of the Historical Preservation Committee, Lila Coley was appointed to create and oversee a citizens' committee to compile information for a publication which would recognize the 50 year history of Colleyville; and WHEREAS, In less than two years, Colleyville Then and Now, a 616 page book was published; and WHEREAS, Lila Coley was the editor and the catalyst for many entries in the book and has given uncountable hours of service to this project. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the City Council and citizens of Colleyville, do hereby extend sincere gratitude and appreciation to LILA COLEY and encourage our citizens and their families to enjoy reading the history and development of Colleyville. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 5th day of September 2006. ,,~YL t\ ., J eel. Mayor ( ccena9 l'('\a":' roclamation CITY OF Colleyville, Texas WHEREAS: Pat Fox has resided in Colleyville for over 25 years; and WHEREAS, Pat Fox taught English at Grapevine High School for 25 years and is an adjunct professor at Tarrant County Community College; and WHEREAS, In 2004, Pat Fox agreed to assist Lila Coley as a co-editor of the Colleyville history book entitled Colleyville Then and Now; and WHEREAS, Pat Fox spent many hours voluntarily working on the creation and editing of this book. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the City Council and citizens of Colleyville, do hereby extend appreciation to PAT FOX and encourage our citizens and their families to enJoy reading the history and development of Colleyville. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 5th day of September 2006. "- " - > ~ .... ~ ~ ~ ~...' ~.......~......., r-f /' . . //>,/V"J"'''-!. // . /~ j(7, ! 1,/ ~.Jr. ( ( /( / ;' ( Mayor c~n~ -le.\<I:" . _ /~x,;{~~'d"':" .i: roclamation CITY OF Colleyville, Texas WHEREAS: 74 percent of Americans say that addiction to alcohol or drugs has had some impact on them at some point in their lives, whether it was their own personal addiction, that of a friend or family member, or any other experience with addiction; and WHEREAS, stigma and discrimination present obstacles and can be a mark of disgrace to those with substance abuse disorders who need access to treatment facilities, and for those who want to reestablish their place in the community by entering the workforce; and WHEREAS, educating our community about how substance abuse disorders affect children, families, and all community members is essential to overcoming stigma and discrimination; and WHEREAS, we must recognize the achievement of those who seek out treatment services and ensure that such services are readily available to those who need assistance; and WHEREAS, substance abuse disorders are a treatable, yet serious health care problem, and we can take steps to address it and so build a stronger, healthier community; and WHEREAS, to help achieve this goal, the U.S. Department of Health and Human Services, the Substance Abuse and Mental Health Administration, the White House Office of National Drug Control Policy, and the Challenge Coalition, invite all residents of Tarrant County to participate in National Alcohol and Drug Addiction Recovery Month 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 September 2006 as NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH in the City of Colleyville, and do hereby commend and recognize Tarrant County Challenge, Inc., and its coalition members for their work in the area of alcohol and drug addiction recovery. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 5th day of September 2006. I , 4)17~;~cU;;- ceRe 1'exalt Presented to ED BAKER In Appreciation for Dedication and Service on the Celebrate Colleyville Steering Committee 2005-2006 Presented to LINDA BAKER In Appreciation for Dedication and Service on the Celebrate Colleyville Steering Committee 2004-2006 Presented to JAIME THIBODEAUX In Appreciation for Dedication and Service on the Celebrate Colleyville Steering Committee 2000- 2006 Presented to NELSON THIBODEAUX In Appreciation for Dedication and Service on the Celebrate Colleyville Steering Committee 2006 Presented to NELSON THIBODEAUX In Appreciation for Dedication and Service on the Historical Preservation Committee 2003-2006 RESOLUTION R-06-2746 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF SEPTEMBER 5, 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 the minutes of the regular City Council meeting of August 15, 2006 b. Approval of a Final Plat for Lots 1-124, Blocks 1-7 of the Heritage Oaks Addition on 22.7 acres located in the northwest quadrant of Glade Road and Heritage Avenue, Case P-06-037 c. Approval of the Annual Review of the City's Investment Policy d. Approval of a Historical Marker to be placed at the Webb House e. Approval of an exchange of real property in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 18,076 square feet of City-owned property along Church Street f. Adopting the Economic Development Capital Improvement Program for Fiscal Years 2007-2011 of the Colleyville Economic Development Corporation g. Approval to renew the Horticulture Grounds Maintenance Contract with The Brickman Group, LTD., in an amount not to exceed $179,285.12, and authorize the City Manager to sign the contract h. Approval to renew the Grounds Maintenance Contract Mowing to Whitmore and Sons, Inc., in an amount not to exceed $176,644.32, and authorize the City Manager to sign the contract AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC City Secretary AYES, Resolution R-06-2746 Page 2 of 2 NAYS AND 2006. ABSTENTIONS CITY OF COLLEYVILLE David Kelly Mayor City of Colleyville City Council Minutes City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com CITY COUNCIL CHAMBERS Tuesday, August 15, 2006 PC-1 PC-2 PC-3 PC-4 The Pre Council meeting of the Colleyvil/e City Council was called to order by Mayor David Kelly on August 15, 2006, at 5:35 p.rn. ROLL CALL: Councilpersons Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Battalion Chief Russell Shelley, Finance Director Terry Leake, Budget and Administrative Services Manager Stephen Seidel, Human Resources Director Kelly Cooper, Parks and Recreation Director Monica Walsh, Network Administrator Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were present Councilman George Boll was absent. Presentation of the Monthly Financial Report - July 2006 Finance Director Terry Leake presented an overview of the July 2006 Monthly Financial Report. Presentation of the Quarterly Investment Report Finance Director Terry Leake provided an overview of the Quarterly Investment Report and answered questions of the Council. Discussion of the City Council agenda packet pilot program City Council expressed satisfaction with the agenda manager software and the laptops and requested that the electronic City Council agenda packet bookmarks be labeled for each item in the packet and that all agenda packets be referenced by the name and then the meeting date. Discussion of the August 15, 2006, City Council regular agenda items There was general discussion of City Council liaisons to the Senior Center Advisory Committee. There being no further business, Mayor Kelly declared the meeting adjourned at 5:52 p.rn. The regular meeting of the Colleyvil/e City Council was called to order by Mayor David Kelly on August 15, 2006, at 5:54 p.m. City of Colleyville Page 1 Printed on 8/31/2006 City Council City Council Minutes August 15, 2006 ROLL CALL: Councilpersons Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Development Coordinator Chris Fuller, Human Resources Director Kelly Cooper, Budget and Administrative Services Manager Stephen Seidel, Parks and Recreation Director Monica Walsh, Audio Visual Intern Andrew Sylvestor, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were present Councilman George Boll was absent. 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. 551.072 - Property - Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Attorney 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 Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter 0, Section 551.071, Legal, Section 551.072, Property, Section 551.074, Personnel, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 5:56 p.m. and reconvened at 7:47 p.rn. INVOCA liON: David Parmer, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City of Colleyville Page 2 Printed on 8/31/2006 City Council City Council Minutes August 15, 2006 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTIO~S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-06-2736 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation - In recognition of Pat Paprocki, R.N. - Pat Paprocki Mayor David Kelly and Councilman Hart presented a Proclamation to Ms. Pat Paprocki, R.N., in recogntion of her dedication and work in the Cardiac Rehabilitation Program at Harris Methodist HEB Hospital. Ms. Paprocki expressed appreciation to the City Council for the recognition and to Harris Methodist HEB Hospital and medical team for their support. Mayor Kelly announced that the Bike Safey Fair would be held Saturday, August 19, 2006, at the Market Street parking lot. Mayor Kelly announced that the Colleyville Library Summer Reading program was a success and commended the Library staff for developing exceptional programs. Mayor Kelly read the August 13, 1959 City Council minutes, in recognition of the City of Colleyville's 50th Anniversary. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2737 4a Approval of the minutes of the regular City Council meeting of August 2, 2006 4b Approval of setting a date for a public hearing on September 5,2006, to consider a request by Grapevine-Colleyville Independent School District for an extension of time for the use of two existing portable buildings on property located at 5800 Colleyville Boulevard, Case G-06-023 4c Approval of the purchase of three cardiac monitor/defibrillators for the Fire Department 4d Approval of a Waiver for the Colleyville Girl's Softball Association (CGSA) for use of the Colleyville City Park game fields 4e Approval of a construction contract with One Hall Environmental L. P., for the demolition of a structure at 5100 Colleyville Boulevard, in the amount of $8,907.90, and authorize the City Manager to execute the contract City of Colleyville Page 3 Printed on 8/31/2006 City Council City Council Minutes August 15, 2006 4f Approval of an Interlocal Agreement with the City of Colleyville, Texas to provide wholesale water purchase in the City of Bedford through an interconnection point located in the Quail Crest Addition, and authorize the City Manager to execute the contract 4g Authorize the City Manager to accept the offers for right-of-way purchase from TxDOT for SH26, and execute all associated documents for the sale of such right-of-way 4h Approval of bid award for health insurance to United Health Care and dental insurance to Metropolitan Life Mayor Kelly read Resolution R-06-2737 in its entirety. Mayor Kelly opened the public hearing. Mr. Mark Bauer, 609 Colts Neck Court, Colleyville Girl's Softball Association, expressed appreciation to Monica Walsh and the Parks and Recreation department staff for support of the softball program and the excellent field conditions. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-06-2737. Councilman Taylor seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - George Boll 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-06-1585 Request for a Zoning Change from AG-Agricultural to CN-Neighborhood Commercial on Tract 2W2, Abstract 180 of the J.L. Byas Survey located at 6208 Colleyville Boulevard, Case Z-06-018 Mayor Kelly read the caption of Ordinance 0-06-1585. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-06-1585. Councilman Hart seconded the motion. City of Colleyville Page 4 Printed on 8/31/2006 City Council City Council Minutes August 15, 2006 The motion carried by the following vote: Aye: 6 - David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - George Boll 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Case Z-06-016 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3, Block 1 of the Lavaca Trail Addition and Lot 1, Block 1 of the W.C. Newton Addition Mayor Kelly read the caption of Ordinance 0-06-1586. Community Development Manager Barry LeBaron provided an overview of the request for a zoning change. Mayor Kelly opened the public hearing. Mr. Dan Bryson, 806 Boston, Southlake, Texas, applicant, stated that he worked with neighbors, the Planning and Zoning Commission and City staff regarding the zoning request, and answered questions of the Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing. 6b 0-06-1587 Approval to replace Emergency Ordinance 0-06-1579 and amending Chapter 98, Article II regarding water service and water conservation providing for a drought contingency plan Mayor Kelly read the caption of Ordinance 0-06-1587. Public Works Director Steve Chutchian provided information regarding water conservation and drought contingency plans and answered questions of the Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding citizen notification related to water restrictions and conservation and the requirements for irrigation systems. Council requested that staff provide information regarding the cost of rain and freeze sensors, including installation. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-06-2738 Consideration of appointments to the Senior Center Advisory Committee and appointing a City Council Liaison(s) Mayor Kelly read Resolution R-06-2738 in its entirety. City of Colleyville Page 5 Printed on 8/31/2006 City Council City Council Minutes August 15,2006 Mayor Kelly opened the public hearing. 7b R-06-2739 7c R-06-2740 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Mayor Pro Tem Ayers moved to approve Resolution R-06-2738, appointing Patrecia Fox and Debra Minea to the Senior Center Advisory Committee and designating Councilpersons Tom Hart and Mike Taylor as Council liaisons to the committee. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - George Boll Consideration of appointments to the Historical Preservation Committee Mayor Kelly read Resolution R-06-2739 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Mayor Pro Tem Ayers moved to approve Resolution R-06-2739 appointing Gerald Hartman, Charles Hewitt and Richard Warner to the Historical Preservation Committee. Councilman Hendler seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - George Boll Approval of a request by Congregation Beth Israel for the placement of two portable buildings on property located at 6100 Pleasant Run Road, Case G-06-016 Mayor Kelly read Resolution R-06-2740 in its entirety. Community Development Manager Barry LeBaron provided an overview of the request for placement of portable buildings. Mayor Kelly opened the public hearing. Mr. Todd Steffeld, 402 Via Vista, Southlake, Congregation Beth Israel, spoke regarding the growth of the church and the need for portable buildings. Mr. James Day, 805 Shelton Drive, spoke regarding a previous request by Congregation Beth Israel for portable buildings, site preparation and in opposition to the proposed resolution. City of Colleyville Page 6 Printed on 8/31/2006 City Council City Council Minutes August 15, 2006 7d R-06-2741 Ms. Twila Kerlee, 800 Shelton Drive, spoke regarding the expansion of Congregation Beth Israel and in opposition to the proposed resolution. Ms. Donna Walker, 804 Shelton Drive, spoke in opposition to the proposed resolution. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the timeline for placement of the portable buildings, the size of the portable buildings, plans for expansion and landscaping. Mayor David Kelly asked the City Attorney if a finality can be put into a resolution. City Attorney Matthew Boyle stated that a finite time limit can be placed on the resolution but that resolution is subject to amendment by a future Council. Discussion continued regarding a potential screening wall. Councilman Hart moved to deny Resolution R-06-2740. Councilman Licata seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Nay: 1 - Rich Hendler Absent: 1 - George Boll Approval of a Waiver of the perimeter street improvement requirements for 145 feet of frontage along Patterson Lane and 134.48 feet of frontage along Bill Simmons Road of the Crook-Womeldorf Addition, G-06-024 Mayor Kelly read Resolution R-06-2741 in its entirety. Community Development Manager Barry LeBaron provided the history of the property and reviewed the request for a waiver. Mayor Kelly opened the publiC hearing. Mr. Dave Womeldoff, 4808 Patterson Lane, applicant, stated that he does not have a presentation and is present to answer questions of the Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the City policy for sub dividing lots and the requirement for street perimeter improvements. Discussion ensued regarding the size of the original parcel of land, the history of requests for waiving perimeter street fees and Council action related to the requests. City Manager Bill Lindley provided information regarding the history of the property. Councilman Hendler moved to deny Resolution R-06-2741. Mayor Pro Tem Ayers seconded the motion. City of Colleyville Page 7 Printed on 8/31/2006 City Council City Council Minutes August 15, 2006 The motion carried by the following vote: 7e R-06-2742 7f R-06-2743 Aye: 6 - David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - George Boll Approval of a proposal to set the ad valorem tax rate for FY 2007 at $.3474 per hundred dollars of valuation and setting dates for two public hearings on the FY 2007 tax rate Mayor Kelly read Resolution R-06-2742 in its entirety. Finance Director Terry Leake provided information regarding the legal requirements for adopting the effective tax rate and reported that the tax rate is the same as FY 2006 and has not changed for the past twelve years and is the lowest tax rate of the six surrounding 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 Kelly stated that the Texas Property Tax law requires an effective tax be calculated when a City is taking steps to adopt a tax rate, and the effective tax rate is the tax rate that provides the City the same amount of tax revenue received last year for properties on the tax rolls for both years. For fiscal year 2007, Colleyville's effective tax rate is .3388 per one hundred dollars and the proposed rate is .3474 per one hundred dollars, but there is no tax increase from last year. This is the same tax rate that Colleyville has had for the past twelve years. This is the thirteenth year that there has been no tax increase in Colleyville. Mayor Kelly moved to approve Resolution R-06-2742. Councilman Hart seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - George Boll Authorize the initiation of a change on zoning to repeal a Special Use Permit for alcoholic beverage sales on Lot AR, E.M. Thompson Subdivision, located at 5224 Colleyville Boulevard, Case G-06-025 Mayor Kelly read Resolution R-06-2743 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 Taylor moved to approve Resolution R-06-2743. Councilman Licata seconded the motion. City of Colleyville Page 8 Printed on 8/31/2006 City Council City Council Minutes August 15, 2006 The motion carried by the following vote: Aye: 5 - David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Mike Taylor Absent: 1 - George Boll 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ms. Kathy Hadley, 204 North Timberline, spoke regarding the condition of the Kidsville playground water fountains and the need for irrigation of landscaping near an empty commercial building. 9. REPORTS: Street Capital Improvement Plan Committee Minutes - July 13, 2006 Street Capital Improvement Plan Committee Minutes - July 26, 2006 There was no action taken on this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 15, 2006 Reading and Public Hearing - Resolution R-06-2744 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilman Taylor moved to adjourn. Councilman Hart seconded the motion. Mayor Kelly declared the meeting adjourned at 9:41 p.m. AYES, DAY OF NAYS AND APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE 2006. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 9 Printed on 8/31/2006 an C~e "n'Xol";' 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: Agenda Date: 09/05/2006 Agenda No.: 4b Controlling Body: City Council Final Action: Requester: Community Development Department File Name: Approval of a Final Plat for Lots 1-124, Blocks 1-7 of the Heritage Oaks Addition on 22.7 acres located in the northwest quadrant of Glade Road and Heritage Avenue, Case P-06-037 Attachments: Location and Zoning Map · Plat History of Legislative File Version: Date: Acting Body: Action Text: 08/14/2006 Planning and Zoning Commission 1 09/05/2006 City Council Title Approval of a Final Plat for Lots 1-124, Blocks 1-7 of the Heritage Oaks Addition on 22.7 acres located in the northwest quadrant of Glade Road and Heritage Avenue, Case P-06-037 Explanation Reading and Public Hearing Mady Development Corporation is the owner and developer of a 22.7 acre tract located near the northwest corner of the intersection of Glade Road and Heritage Avenue. The developer has submitted a final plat, which will subdivide the property into 124 residential lots for the construction of single-family attached town homes. In a townhome development, each dwelling unit is situated on its own platted lot to allow for individual ownership. An individual town home is a part of a larger building that contains three or more attached townhome dwelling units. City Council approved the preliminary plat for this development at the June 6, 2006, City Council meeting. Zoning. The proposed plat area is zoned PUDR - Planned Unit Development Residential. The PUDR zoning was approved by City Council on March 21, 2006, with the approval of Ordinance 0-06-1567, which contains several development standards. The preliminary plat has been reviewed with the standards of the Land Development Code and the standards contained in the PUDR ordinance for this development. The minimum lot size required in this PUDR is 2,700 square feet. All of the lots satisfy this requirement. The development is required by the PUDR ordinance to provide a minimum of 25% common open space. The proposed preliminary plat provides 32.5% open space or City of Colleyville Page 1 Printed on 8/29/2006 Agenda Briefing Continued the equivalent of 7.39 acres. Sidewalks and Trails. The 2005 Colleyville Pathways Plan requires a 10 foot-wide trail along the north side of Glade Road. The developer will construct the applicable sections of trail as a part of the public improvements for this development. The developer plans to include a trail connection from the internal portion of the development to the Glade Road trail section. There is an existing 10 foot-wide trail along the western side of Heritage Avenue, which extends across the frontage of this development. Additionally, the developer will be providing internal sidewalks to the development for each lot. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least four feet wide. Drainage Improvements. The applicant has submitted construction plans for the drainage improvements for the development, which have been reviewed and accepted by the Engineering Department. The Drainage Plan indicates that the development will utilize on-site detention to accommodate stormwater related to this development. Perimeter Street Improvement Requirements. Perimeter street improvements are required for Glade Road. The developer is dedicating additional right-of-way along Glade Road and is required to construct a portion of the street to current standards or escrow a cash equivalent, as determined by the Engineering Department. Perimeter street improvements are not required for the frontage adjacent to Heritage Avenue since it is considered an improved street and currently meets design standards. Gated Development. The proposed development is designed to be a gated addition with private roads fronting each of the townhome lots. The internal streets are designated as private roads. The plat contains the required notation stating the Homeowner's Association (HOA) is responsible for the on-going maintenance of the private roads. The applicant has submitted the required HOA documents, which have been reviewed by staff and forwarded to the City Attorney to ensure that they conform to applicable City policies prior to being filed with the County Clerk's office. Tree Survey and Replacement Requirements. Aerial photos of the site show considerable tree coverage on this property, although a significant number of trees have died from standing water associated with the existing pond on the property. The developer has conducted an extensive tree survey of the site and has prepared a significant tree study. The street layout and arrangement of lots on the final plat have been configured purposely to preserve the significant trees on the property. Upon approval of the final plat and prior to any site grading, the developer will submit a tree replacement plan for the non-exempt trees that are scheduled for removal. Parkland Dedication Fees. The developer has acknowledged that parkland dedication fees are due at the time of approval of the final plat. The fees for non-residential uses are $1,802 per residential lot. Summary. The developer has addressed all Development Review Committee comments. The proposed development satisfies the platting standards contained in the Land City of Colleyville Page 2 Printed on 8/29/2006 Agenda Briefing Continued Development Code and the special requirements of PUDR Ordinance 0-06-1567. Planning and Zoning Recommendation. The Planning and Zoning Commission recommended approval of the final plat at the August 14, 2006 meeting with a vote of 4-1. 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'bfi'~i"~ ~Ji~J'L_ 1Yn."'J: ~- \9-.0.,__,~\\oIl'lml"''\<l_'n.ltlYfl.Il#f.,... ...._ Av ,...._ ......... r,; au C~e -res.'''' 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: Agenda Date: 09/05/2006 Controlling Body: City Council Finance Department Agenda No.: 4c Final Action: Approval of the Annual Review of the City's Investment Policy Requester: File Name: Attachments: City of Colleyville Investment Policy History of Legislative File Version: Date: Acting Body: Action Text: 1 09/05/2006 City Council Title Approval of the Annual Review of the City's Investment Policy Explanation Reading and Public Hearing A section in the Public Funds Investment Act requires that an entity's governing body review the investment strategy of the entity annually. The City's investment strategy is contained in the section entitled "Investment Strategy" and is presented for the Council's review. As an additional note, there are no changes proposed to the existing policy, because the most recent legislative session yielded no legislatively required updates to the existing policy. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 8/29/2006 CITY OF COLLEYVILLE INVESTMENT POLICY Policy It is the policy of the City of Colleyville (the City) to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of the entity and conforming to all State of Texas statutes and City ordinances. Scope This investment policy applies to all financial assets of the City. These funds are accounted for in the City's Comprehensive Annual Financial Report and include: General Fund Utility Fund Debt Service Fund Capital Projects Fund Voluntary Park Fund Sesquicentennial Fund Special Donation Fund Park Land Dedication Fund Crime District Fund Drainage Utility Fund Tree Preservation Fund Library Donation Fund Community Center Building Fund Recycling Fund Police Asset Forfeiture Fund Voluntary Library Fund TIF Fund Kidsville Maintenance Fund and any new fund created by the City Council, unless specifically exempted by the City Council. Objectives The primary objectives, in priority order, of the City's investment activities shall be: Safety: Safety of principal is the foremost objective of the City in managing its portfolio. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective the City will diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions. Liquidity: The City will also maintain sufficient liquidity to provide adequate and timely working funds. Return on Investments: The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles, commensurate with the investment risk constraints and cash flow needs. The City investment strategy is passive and the portfolio shall be designed with the objective of regularly exceeding the weighted average return on thirteen-week Treasury bills. This is considered a benchmark for riskless investment transactions, and therefore, is a minimum standard for the portfolio's rate of return. For bond funds that fall under the arbitrage provisions of the Tax Reform Act of 1986, the City will attempt to earn allowable bond yield with market conditions permitting. Delegation of Authority The City designates the Investment Officers to be the City Manager with overall responsibilities to see that investment objectives are accomplished and the Finance Director with the specific day-to-day performance of managing the funds of the City. Ethics and Conflict of Interest All investment Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or that could impair their ability to make impartial investment decisions. Employees shall disclose to the City of Colleyville and Texas Ethics Commission a statement under the following conditions: A. If they have a personal business relationship with a business organization offering to engage in an investment transaction with the entity. Under the Public Funds Investment Act, a personal business relationship is defined as: 1. The investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization: 2. Funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or 3. The investment officer has acquired from the business organization during the previous year, investments with a book value of $2,500 or more for the personal account of the investment officer. B. If they are related within the second degree by affinity or consanguinity, as determined by Chapter 573 V.A.T.C.S. to an individual seeking to sell an investment to the City of Colleyville. Prudence Investments shall be made with judgement and care - under circumstances then prevailing _ which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the "prudent person", which means the officer may not be an expert but is obligated to act responsibly and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. Investment officers shall notify the City Council in writing of any conflicts of interest, as defined by the Public Funds Investment Act, no later than the next regularly scheduled Council meeting. It is the policy of the City that the Investment Officers perform their duties in accordance with the policies and procedures set forth in this policy. The Investment Officers of the City (City Manager and Finance Director and the Assistant to the Finance Director (acting in the Finance Director's absence)) shall be personally indemnified in the event of investment loss provided the Investment Policy is followed. Internal Controls The Finance Director shall establish a system of written internal controls which shall be reviewed annually by the independent auditor. The controls shall be designed to prevent the loss of public funds due to fraud, error, misrepresentation, unanticipated market changes or imprudent actions. Permissible Instruments The following is a list of permissible instruments as authorized by the 70th Texas Legislature in the Public Funds Investment Act (TEX. REV. CIV. STAT. ANN. ACT 842A-2) and amended by the 71 st Legislature: 1. Obligations of the United States or its agencies or instrumentalities; 2. Direct obligations of the State of Texas or its agencies; 3. Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the State of Texas or the United States or its agencies or instrumentalities; 4. Obligations of states, agencies, counties, cities, and other political subdivisions of any state having been rated as to investment quality by nationally recognized investment rating firm and having received a rating of not less than "A" or its equivalent; 5. Certificates of deposit issued by state and national banks and domiciled in the state that are: a. Guaranteed or insured by the Federal Deposit Insurance City, FSLlC or its successors; or b. Secured by obligations that are described by subdivisions (1) through (4) of this subsection, which are intended to include all direct federal agency or instrumentality issued mortgage backed securities, and which have a market value of not less than the principal amount of the certificates or in any other manner and amount provided by law for deposits of the investing entities; 6. Invest in a local government investment pool as authorized by the Interlocal Cooperation Act (TEX. REV. CIV. STAT. ANN. ACT. 4413 (32c), as amended, and the Public Funds Investment Act (TEX. REV. CIV. STAT. ACT. 842a-2), as amended. The investment pool must comply with the requirements of the Public Funds Investment Act, as amended, as follows: a. The investment pool maintains a stable asset value as defined in the Public Funds Investment Act; b. The investment pool maintains a AAA rating by one of the nationally recognized rating agencies; c. The investment pool's maximum average dollar weighted maturity does not exceed 90 days; and d. The investment pool's continued compliance with the remaining provisions of the Public Funds Investment Act. e. The eligible investments of the pool are as follows: obligations of the United States or its agencies and instrumentalities, other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the United States, fully collateralized repurchase agreements with a defined termination date secured by obligations of the United States or its agencies and instrumentalities, other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the United States, and SEC registered money market funds authorized by the Public Funds Investment Act and rated in the highest category by at least one nationally recognized rating agency, reverse repurchase agreements with a term of no longer than 90 days. f. Include in its investment policy and/or operating procedures the following information: a description of eligible investment securities and unacceptable investments, a written statement on investment policy and objectives, a description of interest calculations, distribution, and treatment of gains and losses, security safeguarding, valuation collateralization and auditing, and a fee schedule. 7. Direct repurchase agreements with primary security dealers or financial institutions doing business in the State of Texas having a defined termination date, and secured by U.S. Government or federal agency securities, provided that the ownership of collateral for the repurchase agreement is transferred to the City, and deposited with a safekeeping agent for the duration of the contract and a signed master repurchase agreement has been executed with the counterparty. 8. SEC-registered no-load money market mutual funds with a dollar weighted average portfolio of 90 days or less whose assets consist exclusively of United States Government Securities whose investment objectives include seeking to maintain a stable net asset value of $1.00 per share. Investment in mutual funds shall be limited to a maximum often percent (10%) of the City's available funds. Unacceptable Investment Instruments The following securities, although authorized by the Public Funds Investment Act, are not eligible investments for the City: 1. Collateralized mortgage obligations 2. Commercial paper 3. Banker's acceptances 4. Reverse repurchase agreements (Local Government Investment Pools which the City participates in may engage in reverse repurchase agreements if the term is 90 days or less) 5. No-load mutual funds other than SEC-registered no-load money market mutual funds with a dollar weighted average portfolio of 90 days or less whose assets consist exclusively of United States Government Securities whose investment objectives include seeking to maintain a stable net asset value of $1.00 per share. 6. Guaranteed investment contracts 7. Share certificates of qualifying credit unions Investment Strategy The investment strategy by type of fund is as follows: (1) Operating Funds The investment strategy for operating fund(s) is to assure that anticipated cash flows are matched with adequate investment liquidity. A secondary objective is to create a portfolio, which will experience minimum volatility during economic cycles. These funds shall not have an investment with a stated maturity greater than eighteen (18) months. (2) Debt Service Funds The investment strategy for debt service fund(s) is the assurance of investment liquidity to cover the debt service obligations on the required payment date. Investments purchased shall not have a stated final maturity date which exceeds the corresponding debt service payment date. (3) Reserve Funds The investment strategy for reserve fund(s) is the assurance of investment liquidity adequate to cover the debt service obligations not funded by debt service funds on the required payment date. Investment of reserve funds are controlled by their ordinance, resolution or indenture, and Federal and State law. Bond documents must be examined for each issue, for potential differences with this policy concerning investment instruments, maximum maturity or average life restrictions, call dates or sinking fund redemptions, and applicable arbitrage yields and rebate liability. Provisions contained in the bond documents will supersede provisions of this policy. Reserve funds will be invested using a more conservative approach than the current standard investment strategy when arbitrage rebate rules require refunding excess earnings. All excess earnings received will be segregated to allow a proper determination of interest income to be used in the arbitrage calculation. (4) Special Project or Special Purpose Funds The investment strategy for special projects or special purpose fund portfolio(s) will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The states final maturity dates of securities held shall not exceed the estimated project completion date. Funds in excess of defined construction payment schedules shall be limited to a maximum final maturity date of three years. Maturity limitations for single issue reserve funds shall not exceed the sooner of five (5) years, the call provisions of the bond ordinance, or the final maturity of the bond issue. A. Diversification The City will attempt to limit the risk of loss through diversification of its portfolio and to achieve the aforementioned investment strategies by diversification of instruments. Maximum Percent Diversification by Instrument of Portfolio U.s. Treasury Obligations (Bills, Notes and Bonds), 100% U.S. Government Agency Securities, and Instrumentalities of Government Sponsored Corporations 75% Certificates of Deposit (CD's) Commercial Bank's 75% Local Government Investment Pool 75% Tri-Party Repurchase Agreement 75% SEC registered, no-load mutual fund 10% Investment Procedures The City shall enter the following agreements (if applicable): safekeeping, PSA repurchase agreements, wire transfer agreements, banking services contracts, and collateral/depository agreements. These contracts shall include the explicit delegation of authority to persons responsible for the transactions involving these agreements. No person except those designated in the contract may engage in any investment transactions. On all funds invested in instruments as listed in "Permissible Investments" numbers one through five, oral bids shall be requested from at least two broker/dealers or national banks. The City will accept the bid that provides the highest rate of return within the maturity required and within the parameters of this policy. Records will be kept of the bids offered, bids accepted, and a brief explanation of the decision that was made regarding the investment. Qualified Institutions Annually, the City Council shall approve four financial institutions for investment purposes as recommended by the Finance Director. All firms shall answer the Broker/Dealer questionnaire (Appendix A) and submit their most recent audited financial statements to the City Council for evaluation of credit worthiness. All personnel in the firms who will be trading or quoting securities to the City Council must maintain a current NASD license and be registered to deal securities in the State of Texas. An investment certification form (Appendix B) on the firm's letterhead signed by a principal of the firm must be on file with the City. Safekeeping All marketable securities purchased by the City shall be held in third party safekeeping by an institution designated as primary agent. All securities will be delivered to the third party institution by seller. Personnel in the third party institution will verify the correct security was delivered by the seller ("delivery vs payment"). The third party institution shall issue a safekeeping receipt to the City listing the specific instrument, rate/yield, maturity, CUSIP, and other pertinent information. Collateral on deposit type securities which exceed the FDIC coverage shall be held in a third party safekeeping institution. In the event a third party safekeeping institution is used, a collateral agreement shall be executed between the City Council, depository which pledged the collateral, and the third party custodian of the collateral. The City will retain possession of all original safekeeping receipts and the receipts will state the security is pledged to the City. Either the City Manager or the Finance Director must approve release of collateral in writing prior to its removal from the safekeeping account. Collateral Securities for Certificates of Deposit and Demand Accounts The City will accept as collateral for its Certificates of Deposit and demand accounts the following securities: A. FDIC coverage B. U.S. Treasury bills, notes and bonds C. United States Agency and instrumentalities bills or notes D. GNMA mortgage backed fully modified pass through securities E. Texas state, city county or school bonds with a remaining maturity of seven years or less and a rating of "A" or better by Moody's, Fitch ICBA, and Standard and Poor's. F. Surety Bond Collateral shall be "marked to market" monthly by the Finance Director. The following percentages constitute the minimum market value for collateral instruments that are pledged for the City's Certificates of Deposit and demand deposits. Form of Collateral Pledged Collateral Ratio 1. U.S. Treasury bills, notes, and bonds a. maturing within 1 year b. maturing in 1-5 years c. maturing in more than 5 years 102% 105% 110% 2. Actively traded U.S. Government Agency securities a. maturing in less than 1 year 103% b. maturing in 1-5 years 107% c. maturing in more than 5 years 115% 3. GNMA mortgage pass through securities 115% 4. Entities in the State of Texas bonds General Obligation Bonds a. maturing in less than 1 year b. maturing in 1-5 years c. maturing in more than 5 years 102% 105% 107% Revenue Bonds a. maturing in less than 1 year b. maturing in 1-5 years c. maturing in more than 5 years 105% 110% 115% Collateral shall be audited annually be the City's independent auditor and may be audited by the City at anytime during normal business hours of the safekeeping bank. Arbitrage The Tax Reform Act of 1986 places limitations on the City's yield from investing certain tax- exempt bond proceeds, debt service funds and reserve funds. The rebate provisions require that the City compute earnings on investments from certain issues of bonds on a periodic basis to determine if rebate is required. To determine the City's arbitrage position, the City is required to calculate the actual yield earned on the investment of the funds and compare it to the yield that would have been earned if the funds had been invested at a rate equal to the yield on the applicable bonds sold by the City. The rebate provisions state that periodically (not less than once every five years and not later than sixty days after maturity of the bonds), the City is required to pay the United States Treasury a rebate of any excess earnings. These restrictions require extreme precision in the monitoring and record keeping of investments, particularly in computing yields to ensure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The investment strategy for bond funds which fall under the arbitrage provisions of the Tax Reform Act of 1986, is that the City will attempt to earn maximum allowable bond yield with market conditions permitting. Reporting Requirements The Finance Director shall issue a written report quarterly to the City Council concerning the City's investment transactions for the preceding quarter and describing in detail the investment position of the City as of the end of the quarter indicating the market values of all investments held during the quarter. The report shall list for each investment held during the quarter: the purchase price of the investment, the par value of the investment, the market value of the investment at the beginning of the quarter, market value of the investment at the end ofthe quarter, the market change from the beginning until the end of the quarter, and fully accrued interest for the period. This report shall be in compliance with provisions of the Public Funds Investment Act, as amended. The report shall be signed by the City Manager and Finance Director. Training Requirements Both the Finance Director and Assistant to the Finance Director shall complete ten hours of training every two years as required by the Public Funds Investment Act. This training may be obtained from the following sources: North Central Texas Council of Governments, Government Treasurer's Organization of Texas, Government Finance Officer's of Texas, or Texas Municipal League. The training must include education in investment controls, security risks, strategy risks, market risks, and any other topics as required by the Public Funds Investment Act. ~ e 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: Agenda Date: 09/05/2006 Controlling Body: City Council Requester: Communications Agenda No.: 4d Final Action: Department File Name: Approval of a Historical Marker to be placed at the Webb House Attachments: City of Colleyville Historical Preservation Committee City Sponsored Historical Markers Guidelines . Webb House copy for historical marker . Colleyville Historical Preservation Committee Historic Landmark Designation Form History of Legislative File Version: Date: Acting Body: Action Text: 1 09/05/2006 City Council Title Approval of a Historical Marker to be placed at the Webb House Explanation Reading and Public Hearing Lila Coley presented an application to the Historical Preservation Committee for consideration of a historical marker for the Webb House. On July 11, 2006, the Historical Preservation Committee approved this application for recommendation to the City Council. This is the third marker to be presented to the City Council in 2006. The others were the 50th Anniversary at Heroes Park and the Texas Public School Gymnastics Program at Pleasant Run Park. The City Council approved the local historical marker program in September 2000. Financial Impact The financial impact is $1,318.00, which is within the budget of the historical marker allocation. Recommendation Approval City of Colleyville Page 1 Printed on 8/31/2006 CITY OF COLLEYVILLE HISTORICAL PRESERVATION COMMITTEE CITY SPONSORED HISTORICAL MARKERS GUIDELINES The City of Colleyville Historical Marker Program will use markers and medallions, with and without posts, to designate historic properties. Once an application (see attached sample) has been submitted to the Colleyville Historical Preservation Committee, the committee will review the application and, if needed, perform a site visit of the property. The sample application includes the following criteria: ./ Character, interest or value as part of the development, heritage or cultural characteristics of Colleyville, the State of Texas or the United States. ./ Location of the site as a significant historical event. ./ Identification with a person or persons who significantly contributed to the culture and development of Colleyville. ./ A historical personage may be judged eligible for a historical marker five years after decease. A person should be deemed eligible for a marker based on his/her own merits, not on the contention that he/she was a descendant of a historical personage. ./ Eligibility for a marker at a gravesite may be determined five years after the subject's decease. ./ Portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style. ./ Embodiment of distinguishing characteristics of an architectural type. ./ Identification with the work of an architect or master builder whose individual work has influenced the development of Colleyville. ./ Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. ./ Relationship to other distinctive buildings, sites or areas that are eligible for preservation according to a plan based on historic, cultural or architectural motif. ./ Unique location of singular physical characteristics that represent an established and familiar visual feature of a neighborhood, community or Colleyville. ./ Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. ./ Value as an aspect of community sentiment or public pride. ./ Exemplification of the cultural, economic, social or historical heritage of Colleyville. ./ To be judged for historical marking, an institution must have been in existence for at least fifty years. In case of a commemoration for an institution, which was historical, but no longer exists, the date of its founding should be at least fifty years ago. Webb House Copy for historical marker Word count: 224 WEBB HOUSE The Webb House was built in 1914 by John Rueben Webb to replace his family home, which had burned. The house stands in what was once the settlement of Bransford, one of the early communities that would later become known as Colleyville. An example of a regional housing design prominent in the early 20th century, the Webb House features a one-and-one-half story, gabled roof, T-plan design, with a full-hipped roof porch on columns. The pair of central doors, flanked by double-hung windows with small space windows under the eaves, was typical of its era. Mr. Webb, a Tennessee native, came to Bransford in 1897. He served as a section laborer and section foreman with the Cotton Belt Railroad for 44 years, retiring in 1941. The owner of Bransford's last general store, Mr. Webb also was a trustee of the local Woodmen of the World, commander of the Maccabee Lodge, trustee of the Pleasant Run School, and the unofficial "mayor" of Bransford. He also managed the Grapevine Rabbit Twisters, a well-known local fiddle band popular at the time. The Webb House was restored through a community effort to preserve the home as an example of the regional architecture of the early 1900s, and for its historic association with Bransford and the Cotton Belt Railroad. The restored house was dedicated on December 21,2002. COLLEYVILLE HISTORICAL PRESERVATION COMMITTEE HISTORIC LANDMARK DESIGNATION FORM 1. Name JOhn~ebb House X Historic Land survey O.C. Sturm And/or common block/lot 1. 77 acre tract tract size 2. Location Address 405 Shelton Dr Location/ Neighborhood 3. Current Zoning Public Park 4. Classification Category Ownership Status Accessible district x pu blic occupied ~ yes; restricted - building(s) private x unoccupied yes; unrestricted x structure work in progress no site Public Present Use Acquisition in progress agriculture government residence being commercial industrial religious considered education mili tary scientific transportation museum other en tertainmen t x park x meetings - 5. Ownership Current owner: City of Colleyville Address: 100 Main St City: Colleyville Phone: 817-503-~ 1166 State: TX Zip: 76034 6. Form Preparation Name and Title: Lila Coley, Historian Contact: Organization: HPC Phone: 817-605-3205 7. Historic Ownership Original owner: John Rueben Webb built house in 1913 Significant later owner(s): City of Colleyville purchased the house on April 27, 1979, From the Webb family 8. Construction dates Original 1914 Alterations/ additions - Restored to original configuration 9. Architect/Builder Original construction: The lumber for the house came from Charlie Estill at the Grapevine Lumber Company and the men in the neighborhood came together and built the house that stands today in Bransford Park. 10. Physical Description Describe present and original (if known) physical appearance; include style(s) of architecture current condition and relationship to surrounding fabric (structures, objects, etc.). Elaborate on pertinent materials used and style(s) of architectural detailing, embellishments and site details. This 1lf2 story T plan house stands today clad the original no. 117 double-hump siding. The interior walls are the original beaded-board (sometimes called car-siding because of its' use in the lining of railroad box cars.) The three open porches provide shade for the walls of the four downstairs rooms and were sometimes used as sleeping porches during the hot Texas summers. As the Webb family grew (ten children were born and raised by Orpha and Winrey Webb} the four bedrooms (two upstairs and two downstairs) were not sufficient so the east porch was enclosed and used for a year-round sleeping room. Later when electricity became available one half of the west porch was enclosed for a bathroom. As was the case with many farm homes of this era, there was no living room furnished with a couch, chairs, tables, and lamps as was common in later years. The family used a "sitting room." One of the downstairs bedrooms was furnished with chairs, often rockers, and it was in this room that the family gathered for visiting when not around the dinning room table. In 2002, the house was restored to its' original 1914 appearance 11. Historical Significance Describe the historical significance of the property, include descriptive material, footnotes, and a bibliography. John Rueben Webb (1872-1953) moved his family to Bransford in 1895 where he became a prominent citizen. His home was located in the heart of the Bransford community where he was active in several organizations. He was Trustee of the Woodmen of the World, Commander of the Maccabee Lodge, andTrustee of Pleasant Run School. He was known locally as the unofficial "mayor" of Bransford and was also manager of the Rabbit Twisters, a well-known local fiddle band. In addition to working as section foreman for the railroad, Mr. Webb farmed and ran a general store at Bransford. This house is significant because it is representative of regional architecture of the early 1900s. Its' connection to the early community of Bransford, Mr. John Webb, and the Cotton Belt Railroad add to its significance. Sources: 1. Photo circa 1917 2. Colleyville 1955-1956, pub. 1986 by the Colleyville Sesquicentennial Book Committee 3. The Colleyville Historic Resources Inventory, administered 1985 by the Historic Preservation Council of Tarrant County 4. Cotton Belt News, pub. March 1953 5. Personal interviews with Winfrey and Grace (Reynolds) Webb, son and daughter-in- law of John R. Webb. 12. Attachments Bransford Park Master Plan Photo John R. Webb house, circa 1917 _ Excerpt from Colleyville 1855-1956 The Colleyville Historic Resources Inventory Site No. NE19 Cotton Belt News, pub. March 1953 page 11 13. Suggested wording for plaque marker (Must be approved by the Colleyville Historical Preservation Committee WEBB HOME - 405 Shelton Drive This 112 story, gable roofed, T plan house with a full hipped roof porch on turned columns was built in 1914 in the now vanished community of Bransford by John Ruben Webb (1872-1953), to replace his family's home of similar design that had burned. The pair of central doors flanked by double hung windows with small space windows under the eaves are examples of regional house types of the early 20th Century. Tennessee native, John Ruben Webb, came to Bransford in 1897. He served the Cotton Belt Railroad as section laborer and section foreman for 44 years before his retirement in 1941. In addition to owning the last general merchandise store at Bransford, Mr. Webb was trustee of the local Woodmen of the World, Commander of the Maccabee Lodge, trustee of the Pleasant Run School, and was known as the unofficial "mayor" of Bransford. He also managed the Grapevine Rabbit Twisters, a well-known local fiddle band. Because it is an example of regional architecture and for its association with the community of Bransford and the Cotton Belt Railroad, the Colleyville City Council adopted the Webb House Rehabilitation Master Plan and the restored house was dedicated on December 21, 2002. Designation Merit A. Character, interest or value as part of the development, heritage or cultural characteristics of the City of ColleyvilIe, State of Texas, of the United States B. Location of the site as a significant historical event. C. Identification with a person or persons who significantly contributed to the culture and development of the city. D. Exemplification of the cultural, economic, social or historical heritage of the city. E. Portrayal of the environment of a group of people in an era of history Characterized by a distinctive architectural style. F. Embodiment of distinguishing characteristics of an architectural type or specimen. G. Identification as the work of an architect or master builder whose individual work has influenced the development of the city. H. Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. 1. Relationship to other distinctive buildings, sites, or areas which are eligible for preservation according to a plan based on historic, cultural or architectural motif. J. Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the city. K. Archaeological value in that it has produced or can be expected to produce data affecting theories or prehistoric value. L. Value as an aspect of community sentiment or public pride. Recommendation Chair, Colleyville Historical Preservation Committee for office use only Date received: Survey verified: yes no Field check Nomination: Archaeological Site date: Structure(s) Structure & Site By: District .11 ( John R. Webb house, circa 1917 Son Winfrey (1914-1990) and daughter Ruby (born 1901) on the front porch of their Bransford home Photo courtesy Grace (Reynolds) Webb ... ;tIr .. ... .. .. - - ,.. ... ... ... .. lit .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. . . . . . . . . . , oil we're medicines in demand. Household items like brooms, rubboards, clothes pins, soap, fruit jars, lantern globes, and matches were sold occasionally, as were shirts, pants, gloves, socks, handkerchiefs, thread, and domestic (fabric). Other items of interest entered in this account book were Roman candles, firecrackers, tablets, envelopes, popcorn, shoe nails, and phone calls. Stock orders for this store were phoned in to Fort Worth warehouses on Mondays and delivered by train to the Bransford Box Car Depot on Wednesdays. / C iNJ...t c..~/V'--. , ) c.. ~ Jf11-././IAA ~ :1 0<1 ~ \f~MU : 37l. .)/.?-z:-<r<..... , ? ~ --k/~ Yy'Ll..::L( ; rnl,^; ~,( ~~ '~r.') ; ,;L oV~ ' 9/)/..%<. .'_ I;~~ ; t ::::P~ 11 Ii I: Ii ji " Ii It A typi:J:LL orode.,. taken froo~ the sto"'e 2edgero In the fall of 1913, the Webb family home was totally destroyed by fire. On that day John Webb came home for lunch as usual, and the family was settling around the dining room table when someone heard a roaring sound coming from the kitchen. Mr. Webb went to investigate and discovered the kitchen was in flames. Other men who worked for the railroad were having their noon meal in the yard nearby. They were quickly summoned. Ben Tinker took one giant step to the top of the fence and another to the roof. The others formed a line and passed him buckets of water. In spi te of their quick response the fire was soon out of control and John ~r Webb finally said, "Boys we can't make Save what you can." The now homeless family stayed ft~ neighbors (the Throops, Shi v ers, a. Holloways) while the house was rebuil Everyone in the community helped. Cha~l Esti 11 at the Grapevine Lumber COIDpa: told ~!r. Webb to take whatever he nee:' and pay when he could. The men in :: neighborhood furnished the labor and i~ few weeks the new house was comple:s That was quite a feat considering tb< they had no power tools and everything ~: to be cut and fit by hand. . Winfrey (b.1914), the Webb's youngss child, was the only one of the childre born in the new house. Adalene (b.1912 and Wilmer (b.1909) were born in the hOlls that burned. Aubrey (~1907) was ber when the family lived at Smithfield whil Stanley (b.1905), John (b.1903), Rub (b.1901) and Kelly (b.1907) were all 00::' in railroad cars. It was customary f~ the railway company to furnish a residen8 for their section foreman but since tne; owned no house at Bransford, boardi~~ cars1 were provided for the Webb family There waa one for the boys, one for tn! girls, and one for the parents. Clarenci (b.1897) was born when the Webbs lived of: Bransford Road on the property where ~he Colleyvil1e City Park is located today, and Sadie was born in Tennessee before ths fami ly came to Texas. Wh.i 1 e growing up in the Bransfor communi ty, the Webb children attende- Pleasant Run School and Pleasant Ru: Baptist Church. For summer fun the boy: went skinny-dippin' in the railroad'l overhead water storage tank. Sta'nle: laughingly recalls how they ran barefoo. down the hot rails for a swim. One loca] legend relates how severa.l boys were swimming. there when they heard the trair approaching. All but one of them ran awaJ and he just s lid down in the tank, out o:f sight. As the steam locomotive took O~ water the level inside the tank diminished lBoaroding ca~8 ~eroe ~i2~oad ca.,.s that ~eroe equipped with Living quaroteros. '*7 tEXAS HISTORIC SITES INVENTORY FORM - TEXAS HISTORICAL COMMISSION (rww.8-82) 3b4 Z. -~ 7Z -I J I-rn:... r&. ==NO.~SItllNo. Ne~4 I. Om: F8CtU" ,q 1# Est. 7. Anltaft8ctJBu1ldlr CJN(RUE Wltl,kt1J - ~ COdD.otDf 8. StyIe/1'ype \1It1fJO ..~ ~~ .. 0riginII u. ........U. 11. "-at CondItIon f"":'" 12. '1gnJflcMce , 13. R..-IIhIp1D.It:I: Moftd on. orC)rtgIIW'" (M.... ~~~ JJ III 1/ ~ ft,....u .. I,~"+-,:,,,,'.u.c)f ~:... ......~.~ -~ ____...:t A..-,,~ ,... BIbi.....,.., ~ ~ ~.~ (4{?'f (!I) 1&. InfonnInt \)Jt~~ ~15 _ . .. 11. Reaorder a.~~ DItI .:J t ( /i'.3 DESIGHAnONS PHOTO DATA . . niHil No. Old THe Code saw ~'. I II'" Cl RTHL tJHA8I C~t TEX- . mm Hili- HR: Cllndlwldu.. CJ HIItDrio DIItriat YEAR DRWR ROLL FRME OdwNR~.~ 0___-... I ~ I 021/28 : z.. ROLL FRME rn CLI 16 This house was built in 1914 in the nav vanished camunity of Bransford on the site of a house of similar dl3Sign which had burned. John R. Webb, the a.vner, came to Bransford i.n 1895 and in 1897 began working as a section rmn fo! the Cottonl)'~lt Railroad. He was known as the unoffical "rm..yor" of Bransford. The hoose, nON clad in asbestos siding, stands next to the railroad tracks near the old Felps House, which served as the depot in Bransford (see No. 11). As an example of the continuity of vernacular house types, and for its association with the camunity of Bransford and the Cotton Belt Railroad, this building may be eligible for the National Register follONing further documentation and restoration. , i -.. --_.~-_._.. r . f . . .. .. .. .. ..-.-- I . . . i I ~ l':l ~ .... co "" ..... ~ = i!1. 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'il"::t~ ::r.... g ::r ~ go ~ C/l' S' ",' m S ~ to s' ::n ~ ~ g '" () ., ",' ~ l& ~ <0 ","" '" ~ ~~p.~ "'a~~a~~&~~ ~~~gs€. g.[8~~<I>~0~ ~~ g~o. ~g~>iil~!!~ i~a=a::lg ::li~Eo.Bili ...- Er!!J*~ I\lg~rrlljl~~~~~ a=~El~7 s.a7g.'l'9~g'i' ~~ ~ .J;::;. . cene i;:'S;"... 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: Agenda Date: 09/05/2006 Controlling Body: City Council Requester: Engineering Department Agenda No.: 4e Final Action: File Name: Approval of an exchange of real property in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 18,076 square feet of City-owned property along Church Street Attachments: City Attorney's Letter dated June 14, 2006 . David Linton Proposal Letter. Church Street Map History of Legislative File Version: Date: Acting Body: Action Text: 09/05/2006 City Council Title Approval of an exchange of real property in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 18,076 square feet of City-owned property along Church Street Explanation Reading and Public Hearing The City Thoroughfare Master Plan provides for the extension of Church Street from SH26 to Pleasant Run Road. The planned improvements require a realignment of this section of Church Street to align with the existing section of the east side of SH26, which was constructed in 2003 as part of the Town Center development. The realignment will require right-of-way acquisition from the properties at 1101 and 1109 Church Street, owned by Mr. David Linton. Staff has coordinated a property exchange with Mr. Linton. Under this proposal, Mr. Linton will exchange 21,241 square feet of land for 18,076 square feet of City owned land adjacent to his property. In addition, Mr. Linton will grant 37,932 square feet of land for right-of-way dedication, in exchange for the construction of Church Street. The City will also construct the Church Street improvements in the right-of-way dedicated by Mr. Linton. Baird, Hampton and Brown, Inc., is under contract with the City for the design of the Church Street improvements, they are working with staff to develop the required street alignment and necessary legal descriptions for the land exchange. The purposed exchange of real property must be undertaken in accordance with Chapter 272 of the Texas Local Government Code. Chapter 272 provides an exception to the normal competitive bidding requirements for the sale of the City owned real estates. The critical requirement of Chapter 272 is mandatory notice which must be published. The Chapter 272 notice requirements are explained in a letter from the City Attorney. The notice of a proposed exchange of real property was published in the Star Telegram on Sunday, City of Colleyville Page 1 Printed on 9/1/2006 Agenda Briefing Continued August 6, 2006 and Wednesday, August 9, 2006. The notice of a proposed exchange of real estate must be published in the City's newspaper of choice on two separate dates, and the exchange may not be made until after the 14th day after the date of the second publication. For like land and property of approximate equal value, an offer of exchange is submitted pursuant to Texas Local Government Code, Chapter 272. A parcel map indicating the property involved is attached. Sealed written bid offers were received by staff and opened on August 24, 2006 at 2:00 p.m. Only one bid was received from Neal Adams, Mr. Linton's attorney, as attached. The bid included the following items: . Mr. Linton will trade 0.414 acre tract of land and 0.074 acre tract of land for a 0.415 acre tract of City owned land. . Mr. Linton will donate a 0.306 acre tract of land, a 0.405 acre tract of land and a 0.124 acre tract of land for purposes of right-of-way for the proposed Church Street realignment and Hidden Oaks addition cul-de-sac. In exchange for this donation, the City will construct the proposed four lanes at Church Street from SH26 to at least Mr. Linton's north property line, at no additional cost to Mr. Linton. . The City will pay the full cost of demolition and removal of the existing house on Mr. Linton's land. . The City will leave the house intact until the proposed road construction begins and provide Mr. Linton with at least a 90-day notice of the start of construction. . As additional consideration, the City will pay a sum of $7,500.00 to Mr. Linton at the time the rights-of-way are deeded to the City. Financial Impact Funding is available from the proceeds of the sale of City property at the southwest corner of Church Street and SH26. Recommendation Approval City of Colleyville Page 2 Printed on 9/1/2006 BOYLE & LOWRY, L.L.P. JOHN F. BOYLE, JR. L. STANTON LOWRY MATTHEWC. G. BOYLE DOUGLAS H. CONNER, III MICHAEL K. KALLAS KRrSTY 1. ORR DAVID H. BRUNE* LISA H. TOMASELLI* *OF COUNSEL A TTORNEYS AND COUNSELORS 4201 WINGREN, SUITE 108 IRVING, TEXAS 75062-2763 (972) 650-7100 Fax: (972) 650-7105 www.boyle-Iowry.com Writer's Direct Line: (972) 650-7104 E-mail: mcgboyle@boyle-Iawry.com June 14,2006 Via Email Mr. Bill Lindley City Manager City of Colleyville 10 Main Street Colleyville, Texas 76034 Re: Exchange of Properties - Notice Dear Bill: The proposed exchange of real property between the City and David Linton must be undertaken in accordance with Chapter 272 of the Texas Local Government Code. Chapter 272 provides an exception to the normal competitive bidding requirements for the sale of City owned real estate. The critical requirement of Chapter 272 is mandatory notice which must be published. The notice of a proposed exchange of real property must be published in City's newspaper of choice for public notices on two (2) separate dates, and the exchange may not be made until after the 14th day after the date of the second publication. The notice should read as follows: "NOTICE OF LAND EXCHANGE NOTICE SOLICITING OFFERS TO EXCHANGE CERTAIN LAND OWNED BY THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS, PURSUANT TO TEXAS LOCAL GOVERNMENT CODE, CHAPTER 272. The City of Colleyville, Tarrant County, Texas, a home rule municipality, does hereby solicit offers to exchange the following described land: The land owned by the City of Colleyville is located in the City of Colleyville at , more particularly described as Lot --y Block , out of the Addition to the City of Colleyville, TalTant County, Texas. For like land and property of approximately equal value, this offer of exchange is submitted pursuant to Texas Local Government Code, Chapter 272. Interested parties may review the City's property at any time and during regular business hours by contacting City Secretary, Cynthia Singleton, (817) 503-1000, City Hall, 100 Main Street, Colleyville, Texas 76034. Conditions of Exchange. 1. Property offered for exchange shall be approximately the same value as the City's property and be within the same general vicinity as the City's property. 2. Property offered for exchange shall be free and clear of liens and encumbrances. 3. Party(s) submitting acceptable offer shall execute a General Warranty Deed with free and clear title, at closing, which closing and exchange shall take place within ten (10) days or within a mutually-agreeable time, after City Council accepts the offer of exchange, at a land title company in Colleyville, Texas. 4. Sealed written bid offers of exchange shall be submitted to City Secretary, Cynthia Singleton, 100 Main Street, Colleyville, Texas 76034, on or before at 2:00 p.m., 2006, at such time the bids will be opened and read. 5. Details of the exchange shall be included in the bid. 6. The Colleyville City Council is not required to accept any offer or to complete any exchange. The Colleyville City Council is the sole judge of whether the property offered for exchange is of like kind and equal value. The Colleyville City Council shall consider the offer(s) to exchange at a regular or called meeting of the City Council within ten (10) days of bids being opened. Cynthia Singleton, City Secretary City of ColI eyvill e, Texas 100 Main Street Colleyville, Texas 76034" Thank you for your attention to this information. If you have any questions regarding this, please call. Sincerely, BOYLE & LOWRY, L.L.P. Matthew C. G. Boyle Ci ty Attorney O:\Kathy Moore~\KA THY\CITYCOUN\Linton-exch of property. doc ADAMS, LYNCH & LOFTIN, P.C. A TTORNEYS AND COUNSELORS AT LAW 1903 CENTRAL DRIVE, SUITE 400 BEDFORD, TEXAS 76021-5813 TELEPHONE 817/283-7742 FAX 817/571-2947 NEAL W. ADAMS t JOHN T. LYNCH, IV STACY B. LOFTIN JON A. McCORMICK t Board Certified Texas Legal Specialization . Residential Real Estate Law . Commercial Real Estate Law . Farm and Ranch Real Estate Law J. TODD WEBER RICHARD E. HILL JERRY D. BULLARD t tBoard Certified Texas Legal Specialization . Civil Appellate Law August 16, 2006 Ms. Cynthia Singleton City Secretary City of Colleyville 100 Main Street Colleyville, Texas 76034 Via Certified Mail No. 7003 1010000368849631 Return Receipt Requested And First Class Mail Re: Exchange of Church Street Property between David Linton ("Linton") and the City of Colleyville, Tarrant County, Texas ("Colleyville"); Our File No. 9685 Dear Ms. Singleton: Please be advised that this law firm represents David Linton who currently owns two tracts of land abutting Church Street, Colleyville, Tarrant County, Texas. One tract is approximately 1.428 acres and the other tract is approximately 1.085 acres ("Linton Property"). Colleyville is in the process of relocating a portion of Church Street from Highway 26 (Colleyville Boulevard) through a portion of the Linton Property. With the relocation of Church Street, Colleyville will trade approximately 0.415 acre tract ofland to Linton which is outlined in red on the attached map. Linton will trade approximately 0.414 acre tract of land and a 0.074 tract of land to Colleyville which are marked in yellow on the attached map. Linton will donate to Colleyville a 0.306 acre tract of land, 0.405 acre tract of land, and a 0.124 acre tract ofland for purposes of the new right-of-way for Church Street and Hidden Oaks cul- de-sac ("Rights-of-way for Church Street and Hidden Oaks Cul-de-sac"). As a condition precedent to Linton donating to Colleyville the Right-of-way for Church Street and Hidden Oaks Cul-de-sac, Colleyville agrees to the following: 1. Colleyville will build the proposed four lane Church Street from Highway 26 through at least the north property line of Linton, at no cost to Linton, other than for Linton to deed to Colleyville the Rights-of-way for Church Street and Hidden Oaks Cul-de-sac; ADAMS, LYNCH & LOFTIN, P.c. Ms. Cynthia Singleton August 16, 2006 Page 2 2. Colleyville, upon the beginning of construction of Church Street, will pay for the full costs of demolishing and removing a house which is located on the 1.482 acre tract of land; 3. Colleyville will leave the house intact until it begins construction of Church Street, including subsequent to the date that Linton deeds the Rights-of-way to the Church Street and Hidden Oaks Cul-de-sac to Colleyville, and Linton will continue to receive any rent on the house until it is demolished and removed by Colleyville, with at least ninety (90) days' written notice from Colleyville to Linton; 4. As additional consideration, Colleyville will pay the sum of$7,500.00, to Linton to be paid at the time Linton deeds the Rights-of-way for Church Street and Hidden Oaks Cul-de-sac to Colleyville. 5. This trade/exchange is to close on or about September 15,2006. I would appreciate your confirming Colleyville's agreement to the terms and conditions outlined herein on behalf of Linton. Sincerely, ~'j)CH & LOFTIN, P.c. Neal W. Adams . cc: Dr. David Linton l~:~ A .../ y;,- y >..tJ' E @ ~ f)= ~ , .t e <T. t::, .. 0 " 5 E ~ , '" .E gi o o ~ 13; /1 /!,{< .o;.J . <f1 ~ ;'/ ~, () ......;,. \j Q <>"11 -o!'}~"" "<<'] ~~) ..:-:.:.0; (}) l::~ () :-;,."... ::::l .:.--::: (.) +oJ C ()) E C+oJ Olm . _ L... -()) m-c ()).- ~en +oJC ()) 0 ())O L... +oJ ~ c/)t ..e()) 00- L... 0 ::J L... ..eo.. o en C o r'-~"""""'-'-'-'-'-~"""",;'-'-"'-'-'-'-'-'-'-'-'-'-'-'-U"""'-"'-'-" 1 ~ ~ ~ .!! ~ ! 0 - c ; 0 0 ,0_ ; _ 0 ; c:005~ ~ .B ~ ~:E :g 1 :5~ o~ 0 ~"O i..: Q) i...: di s It:: ~~ ~!; 0 lil 1C1l ~o ~;> 0:: c ;0)0- o~ "C:.:; ~Q) cJg cJg m >- ,..... Ql C Ql cot:: 1 ~-5~.2! g- 2i , oa...ooD:.~ ~ OJ - ~ 01::0 tI) t:(ij;~ ~"O) ~ ;~~~~~~ ~~~~8~~ ~;:)Q)w:~Q) g.g ~ c:S~:S c~~2~c's Q) "L.. ns::l L..-lI) ~~~E~~-6 ffi ~ ~(ij ~ Q) ~ ~ :2 ~~:Q';;~~g <( ~ 0 ~ ii ~ t1i": ~ ~ ~05Q)E:rg~~ B :.c"~-g~ :3"~ ~ rn I- U (\'l D) ~ :6 "(i) '0 g c >-~ .0 0 -gm 'Coil ';: c E,S ;E '" '" OI 1:! 'n; m CL) e./....;":~.!!l_.'..~.... crl~-- .. (f) '<~ 't',-;;.:;... 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: Agenda Date: 09/05/2006 Controlling Body: City Council Requester: Finance Department Agenda No.: 4f Final Action: File Name: Adopting the Economic Development Capital Improvement Program for Fiscal Years 2007-2011 of the Colleyville Economic Development Corporation Attachments: Memorandum dated August 16 2006 - Economic Development Capital Improvement Program (EDCIP) for FY 2007-2011.pdf. EDCIP Plan FY 2007-2011 (Exhibit A).pdf. EDCIP Plan FY 2006-2010 (Exhibit B).pdf History of Legislative File Version: Date: Acting Body: Action Text: 09/05/2006 City Council Title Adopting the Economic Development Capital Improvement Program for Fiscal Years 2007-2011 of the Colleyville Economic Development Corporation Explanation Reading and Public Hearing The Colleyville Economic Development Corporation (CEDC) Bylaws require the Board to develop a combined Economic Development Capital Improvement Program (EDCIP) annually, which sets forth long and short-term goals. This program "shall be one that addresses the development needs of the City within the financial constraints available to the Corporation." The "EDCIP shall identify the projects to be undertaken by the Corporation and include proposed methods and the expected cost of the implementation." After the EDCIP is developed, it must be approved by the City Council. On August 22, 2006 the Board of the CEDC approved the attached EDCIP for Fiscal Years 2007-2011 (Exhibit A). In developing the EDCIP, the park development priorities, as established and recommended by the Parks and Recreation Advisory Board at their July 10, 2006 meeting (see attached memo of August 16, 2006), were incorporated into the plan for trail development and Mc Pherson Park Phases III and IV. For the Council's information, the current EDCIP for FY 2006-FY 2010 (Exhibit B) is also attached. The revenue estimate is one-half of the sales tax revenue estimated in the City's proposed FY 2007 budget. In FY 2007, funding is being allocated for the following projects: ADA Improvements - Nature Center Park ADA Improvements - Sparger Park $ 5,000 $125,000 City of Colleyville Page 1 Printed on 8/31/2006 Agenda Briefing Continued City Park Field Maintenance Improvements City Park Kidsville Renovations Citywide Playground Safety Signs Citywide Picnic Table Replacement McPherson Park Phase I City Park Road Extension Pleasant Run - Moving Lights Senior Center Open Area Development Citywide Irrigation Monitoring System Citywide Trail Construction Marketing $ 11,500 $ 10,000 $ 6,000 $ 6,000 $441,327 $ 20,000 $ 35,000 $168,000 $135,000 $100,000 $ 80,000 In FY 2011, funding is allocated for Mc Pherson Park Phase III ($350,000) and Phase IV ($245,000). Financial Impact Provides a five year capital improvement plan for the CEDC. Recommendation Approval City of Colleyville Page 2 Printed on 8/31/2006 MEMORANDUM TO: Bill Lindley, City Manager FROM: Monica Sue Walsh, Director of Parks and Recreation /!l~~e DATE: August 16, 2006 SUBJECT: Economic Development Capital Improvement Program (EDCIP) for FY 2007- 2011 Among the primary responsibilities of the Colleyville Economic Development Corporation (CEDC) Board of Directors is the adoption of a five-year plan and an annual budget. The five-year plan was last updated in August 2005 and is attached for your reference. Historically, the CEDC Board has limited the use of funds to capital expenditures and a small administrative charge. The plan for FY 2007-2011 strives to maintain this philosophy. Many of the projects in the plan are related to the Parks and Recreation Department. On July 10, 2006, the Parks and Recreation Advisory Board established their priorities for CIP projects that were not totally funded. (See attached). In consideration of establishing their priorities, the Parks and Recreation Advisory Board reviewed the citizen priorities based on the Comprehensive Parks, Recreation and Open Space Master Plan. (See attached). The proposed FY 2007-2011 EDCIP attempts to incorporate some of the Parks and Recreation Advisory Board identified priorities: 1. Cottonbelt Trail- Phase III 2. Park Land Purchase 3. Little Bear Creek Trail Extension 4. McPherson Park - Phase III 5. Pleasant Run Park - Phase II 6. Bransford Park - Phase II 7. Longwood Trail 8. McPherson Park - Phase IV 9. Parks Maintenance Facility 10. Uniform Park signage 11. New Tennis Courts 12. Recreation Center Revenue The sole source of revenue for the CEDC budget is a one-half cent sales tax. The revenue projection in this plan includes the estimated amount to be received in FY 2006 and increases the sales tax revenue to the amount in the proposed FY 2007 City of Colleyville General Fund budget. These changes are proposed to accommodate the revised revenue projection and to retain the fund balance at an acceptable level. Projects The proposed EDCIP plan proposes $441,327 in FY 2007 for Phase I of McPherson Park which includes a walking trail, picnic and playground areas, entry road, fishing pond, unstructured plan areas, recreation amenities and pavilion with a restroom. The total cost of this project is approximately $1.9 million and has been funded from CEDC ($638,000), Parkland Dedication ($855,000) and Voluntary Park Funds ($500,000). The proposed EDCIP plan proposes $5,000 in FY 2007 for ADA improvements to the Nature Center and $125,000 in FY2007 for Sparger Park. Additionally, the proposed plan provides funding for the allocation of $100,000 in FY 2007, $70,000 in FY 2008 and $600,000 in FY 2010 for trail construction. Also in FY 2007 $20,000 has been allocated for City Park road extension, $11,500 for City Park field maintenance improvements, $10,000 for City Park Kidsville renovations, $6,000 for citywide playground safety signs, $6,000 for citywide picnic table replacement, $135,000 for a citywide irrigation monitoring system and $35,000 for Pleasant Run game field lights. In addition to the parks and recreation related improvements proposed FY 2007-2011 EDCIP plan also provides for the allocation of $400,000 for marketing in FY 2007-2011, with an annual allocation of $80,000. The proposed EDCIP plan proposes $168,000 in FY 2007 and $300,000 in FY 2010 for open area and trail development in conjunction with the new Senior Center facility. The construction of the Cottonbelt Trail - Phase III from John McCain Road (north) to the Grapevine city limits and the Little Bear Creek Trail Extension from the Nature Center to Sparger Park are planned for future grant funding. The Cottonbelt Trail- Phase III is priority 1 of the Parks and Recreation Advisory Board and the Little Bear Creek Trail Extension is priority 3. The Cotton belt Trail Phase I is complete. The Cottonbelt Trail Phase II in conjunction with the City of Hurst is currently under design. Cottonbelt Trail Phase III will be the final phase of the regional trail system located within the City of Colleyville. This phase of the project will be constructed during the construction of the planned improvements for SH26. The design of the trail will need to be completed prior to the construction of the highway, which is scheduled for 2007. The proposed EDCIP plan proposes $300,000 in FY 2010 for trail grant opportunities. The Parks and Recreation Advisory Board ranked Cottonbelt Trail - Phase III as priority 1 and Little Bear Creek Tail Extension as priority 3. The proposed EDCIP plan proposes $500,000 in FY 2009 for McPherson Park - Phase II, $350,000 in FY2011 for McPherson - Phase III and $245,000 in FY2011 for McPherson Park - Phase IV. McPherson Park - Phase III is priority 4 and McPherson Park - Phase IV is priority 8 of the rankings of the Parks and Recreation Advisory Board. Conclusion With limited funds and multiple projects, the recommended five-year plan does not provide sufficient resources for every project identified as a priority of the Parks and Recreation Advisory Board or the City Council. It does provide funds for McPherson Park - Phase I, II, III and IV, ADA improvements to the Nature Center and Sparger Park, City Park road extension, City Park field maintenance entry improvements, City Park Kidsville renovations, citywide picnic table replacement, citywide playground safety signs, Pleasant Run game field lights, citywide irrigation monitoring system, citywide trail system, Senior Center open area development and leaves open the possibility of additional funds if the sales tax receipts exceed projections. Recommendation Staff recommends that the CEDC Board approve the five-year plan as proposed. Attachments: Parks and Recreation Advisory Board CIP Priorities 2006 Capital Improvements Projects - Citizen's Priorities PARKS AND RECREATION ADVISORY BOARD CIP PRIORITIES At the Parks and Recreation Board meeting on July 10, 2006, the Board prioritized the following CIP projects: PRIORITY LIST One being the most important Cotton belt Trail- Phase III 1 Park Land Purchase 2 Little Bear Creek Trail Extension 3 McPherson Park - Phase III 4 Pleasant Run Park - Phase II 5 Bransford Park - Phase II 6 Lonqwood Trail 7 McPherson Park - Phase IV 8 Parks Maintenance Facilitv 9 Uniform Park Siqnaqe 10 New Tennis Courts 11 Recreation Center 12 2006 c:apitill Irnpr()v~rn~rlt Projects " ",' ' """",L" ~- ...- "" ---------------~-- ,- ---- ---~ ~ 'ill" .i~~ --r .-- -', M " .... __~~ Priorities Citizen Priorities based on Comprehensive Parks, Recreation and Open Space Master Plan 1. Recreation Center 2. Park Land Purchase 3. Pleasant Run Park Phase II 4. Bransford Park Phase II 5. McPherson Park Phase III 6. Cottonbelt Phase III 7. Uttle Bear Creek Trail Extension 8. Longwood Trail 9. Tennis Courts 10. McPherson Park Phase IV 11. Park Maintenance Building 12. Uniform Park Signage ECONOMIC DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM FY 2007. FY 2011 PROJECTED FISCAL YEAR 2006 2007 2008 2009 2010 2011 BEGINNING FUND BALANCE $1,270,587 $1,202,265 $770,596 $849,560 $854,867 $505,129 PROJECTED 1/2 CENT SALES TAX REVENUE $1 ,072,909 $1,105,096 $1,149,299 $1,195,271 $1,243,082 $1,292,805 INTEREST INCOME $38,118 $54,102 $34,677 $38,230 $38,469 $22,731 2005 BOND SALE PROCEEDS $1,796,673 $203,327 $0 $0 $0 $0 USE OF AVAILABLE CASH $325,494 $806,393 $302,453 $382,482 $608,255 $269,270 TOTAL REVENUES $3,233,193 $2,168,917 $1,486,429 $1,615,984 $1,889,806 $1,584,806 OPERATING: ADMINISTRATIVE $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 2005 DEBT SERVICE & 1.4 TIMES COVERAGE $900,099 $904,913 $910,018 $900,473 $904,806 $904,806 1997 DEBT SERVICE & 1.4 TIMES COVERAGE $0 $0 $0 $0 $0 $0 2000 DEBT SERVICE & 1.4 TIMES COVERAGE $0 $0 $0 $0 $0 $0 MARKETING $80,000 $80,000 $80,000 $80,000 $80,000 $80,000 CAPITAL: ADA IMPROVEMENTS NATURE CENTER PARK $69,293 $5,000 $0 $0 $0 $0 SPARGER PARK $0 $125,000 $0 $0 $0 $0 CITY PARK FIELD MAINTENANCE ENTRY IMPROVEMENTS $0 $11,500 $0 $0 $0 $0 KIDSVILLE RENOVATIONS $0 $10,000 $0 $0 $0 $0 CITYWIDE PLAYGROUND SAFETY SIGNS $0 $6,000 $0 $0 $0 $0 CITYWIDE PICNIC TABLE REPLACEMENT $0 $6,000 $0 $0 $0 $0 MC PHERSON PARK Phase I $0 $238,000 $0 $0 $0 $0 Phase I (Bond Sale Proceeeds) $196,673 $203,327 $0 $0 $0 $0 Phase II $0 $0 $0 $500,000 $0 $0 Phase III $0 $0 $0 $0 $0 $350,000 Phase IV $0 $0 $0 $0 $0 $245,000 CITY PARK ROAD EXTENSION $63,121 $20,000 $0 $0 $0 $0 PLEASANT RUN PRACTICE FIELD PARKING LOT $39,006 $0 $0 $0 $0 $0 PLEASANT RUN TRAIL $0 $0 $0 $0 $500,000 $0 PLEASANT RUN - MOVING LIGHTS $0 $35,000 $0 $0 $0 $0 PARK LAND PURCHASE (Bond Sale Proceeds) $400,000 $0 $0 $0 $0 $0 SENIOR CENTER FACILITY (Bond Sale Proceeds) $1,200,000 $0 $0 $0 $0 $0 FF&E AND RENOVATIONS $150,000 $0 $0 $0 $0 $0 OPEN AREA AND TRAIL DEVELOPMENT $0 $168,000 $0 $0 $300,000 $0 CITYWIDE IRRIGATION MONITORING SYSTEM $50,000 $135,000 $0 $0 $0 $0 CITYWIDE TRAIL SYSTEM GRANT MATCH $0 $0 $300,000 $0 $0 $0 TRAIL CONSTRUCTION $80,000 $100,000 $70,000 $0 $100,000 $0 TOTAL EXPENDITURES $3,233,192 $2,052,740 $1,365,018 $1,485,473 $1,889,806 $1,584,806 EXCESS REVENUES OVER EXPENDITURES $0 $116,178 $121,411 $130,511 $0 $0 ADD BACK.4 TIMES BOND COVERAGE RATIO $257,171 $258,547 $260,005 $257,278 $258,516 $258,516 ENDING FUND BALANCE $1,202,265 $770,596 $849,560 $854,867 $505,129 $494,376 ASSUMPTIONS: FY 2007: 1/2 OF CITY SALES TAX BUDGET PROJECTION / FY 2008 - 2011' 4% GROWTH DUE TO COLLEYVILLE BLVD.CONSTRUCTION ECONOMIC DEVELOPMENT CAPITAL IMPROVEMENT PROGRAM FY 2006 - FY 2010 PROJECTED FISCAL YEAR 2005 2006 2007 2008 2009 2010 BEGINNING FUND BALANCE $949,709 $1,230,394 $710,209 $669,533 $627,086 $501 ,883 PROJECTED 1/2 CENT SALES TAX REVENUE $944,932 $963,831 $1,002,384 $1,042,479 $1,084,178 $1,127,545 INTEREST INCOME $15,435 $36,912 $21,306 $20,086 $18,813 $15,056 2005 BOND SALE PROCEEDS $0 $2,000,000 $0 $0 $0 $0 USE OF AVAILABLE CASH $0 $777,357 $299,223 $302,453 $382,482 $247,204 TOTAL REVENUES $960,367 $3,778,099 $1,322,912 $1,365,018 $1,485,473 $1,389,806 OPERATING: ADMINISTRATIVE $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 2005 DEBT SERVICE & 1.4 TIMES COVERAGE $0 $900,099 $904,913 $910,018 $900,473 $904,806 1997 DEBT SERVICE & 1.4 TIMES COVERAGE $665,606 $0 $0 $0 $0 $0 2000 DEBT SERVICE & 1.4 TIMES COVERAGE $179,549 $0 $0 $0 $0 $0 MARKETING $0 $80,000 $80,000 $80,000 $80,000 $80,000 CAPITAL: ADA IMPROVEMENTS NATURE CENTER PARK $0 $95,000 $0 $0 $0 $0 SPARGER PARK $0 $0 $125,000 $0 $0 $0 COLLEYVILLE CENTER CHAIR REPLACEMENT $36,000 $0 $0 $0 $0 $0 MC PHERSON PARK Phase I $0 $238,000 $0 $0 $0 $0 Phase I (Bond Sale Proceeeds) $0 $400,000 $0 $0 $0 $0 Phase II $0 $0 $0 $0 $500,000 $0 CITY PARK ROAD EXTENSION $0 $130,000 $0 $0 $0 $0 PLEASANT RUN PRACTICE FIELD PARKING LOT $0 $50,000 $0 $0 $0 $0 PARK LAND PURCHASE (Bond Sale Proceeds) $0 $400,000 $0 $0 $0 $0 SENIOR CENTER FACILITY (Bond Sale Proceeds) $0 $1,200,000 $0 $0 $0 $0 FF&E AND RENOVATIONS $35,000 $150,000 $0 $0 $0 $0 OPEN AREA DEVELOPMENT $0 $0 $108,000 $0 $0 $300,000 CITYWIDE IRRIGATION MONITORING SYSTEM $0 $50,000 $0 $0 $0 $0 CITYWIDE TRAIL SYSTEM GRANT MATCH $0 $0 $0 $300,000 $0 $0 TRAIL CONSTRUCTION $0 $80,000 $100,000 $70,000 $0 $100,000 TOTAL EXPENDITURES $921,155 $3,778,099 $1,322,913 $1,365,018 $1,485,473 $1,389,806 EXCESS REVENUES OVER EXPENDITURES $39,213 $0 $0 $0 $0 $0 ADD BACK.4 TIMES BOND COVERAGE RATIO $241,473 $257,171 $258,547 $260,005 $257,278 $258,516 ENDING FUND BALANCE $1,230,394 $710,209 $669,533 $627,086 $501,883 $513,195 ASSUMPTIONS: FY 2006: 1/2 OF CITY SALES TAX BUDGET PROJECTION 1 FY 2007 - 2010: 4% GROWTH DUE TO COLLEYVILLE BLVD.CONSTRUCTION >"e"~i:~:'~:C'" 11 ~,.' , :'" .. ..(e \:;.':~ .. ~ . 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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: Agenda Date: 09/05/2006 Controlling Body: City Council Requester: Parks and Recreation Agenda No.: 4g Final Action: Department File Name: Approval to renew the Horticulture Grounds Maintenance Contract with The Brickman Group, L TO" in an amount not to exceed $179,285,12, and authorize the City Manager to sign the contract Attach ments: History of Legislative File Version: Date: Acting Body: Action Text: 1 09/05/2006 City Council Title Approval to renew the Horticulture Grounds Maintenance Contract with The Brickman Group, LTD., in an amount not to exceed $179,285.12, and authorize the City Manager to sign the contract Explanation Reading and Public Hearing On September 6, 2005, City Council approved the award of a contract in the amount of $145,778.00 to the Brickman Group, LTD., for the Horticulture Grounds Maintenance Contract. The contract expires September 30, 2006 with options to renew for five (5) additional one (1) year periods at a percent not to exceed the consumer price index (CPI) of the Dallas/Fort Worth standard metropolitan area for the previous twelve month period. The CPI increase over this last year ending July 2006 is 4%. Also, additional properties have been added to the FY2007 contract. Current Contract Price: 4.0% CPllncrease: FY 07 Additions: $145,778.00 $ 5,831.12 $ 27,676.00 Current Horticulture Grounds Maintenance Contract includes the following properties: . Old City Hall . Colleyville Center . Fire Station 1 . Fire Station 3 . Justice Center City of Colleyvilfe Page 1 Printed on 8/31/2006 Agenda Briefing Continued . City Park . Pleasant Run Soccer Complex . Pleasant Run practice facility . Woodbriar Park . Kimzey Park . City Hall I Library . Westmont Trail . Heritage Medians . Colleyville Nature Center . Bransford I Centerpark medians . L. D. Lockett Park . Bransford Park . Sparger Park . Hall Johnson Road/Bluebonnnet Road Since the approval of the contract, the City has identified additional areas to be maintained. These areas include the Senior Center and adding 27 cycles for bed weeding of all color and shrub beds throughout the City. A net change order in the amount of $27,676.00 is necessary to include these areas. The scope of services for this contract include bed weeding, pre and post emergent for weed control, shrub, tree and ground cover pruning, mulching of beds and tree wells, installation of seasonal color, fertilization, weed and insect control. Financial Impact Funds are available in the FY 2007 Park Maintenance Miscellaneous Contractual Services Account 001-32-6226 to provide services for the months of October 2006 through September 2007 in the amount of $179,285.12. Recommendation Approval City of Colleyville Page 2 Printed on 8/31/2006 C.\\.LOI (r~e. ::-~. .... .~e \~...t.). ( "-----,~., fl'>,;,,'" 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: Agenda Date: 09/05/2006 Controlling Body: City Council Requester: Parks and Recreation Agenda No.: 4h Final Action: Department File Name: Approval to renew the Grounds Maintenance Contract Mowing to Whitmore and Sons, Inc., in an amount not to exceed $176,644.32 , and authorize the City Manager to sign the contract Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 09/05/2006 City Council Title Approval to renew the Grounds Maintenance Contract Mowing to Whitmore and Sons, Inc., in an amount not to exceed $176,644.32, and authorize the City Manager to sign the contract Explanation Reading and Public Hearing On September 6, 2005, City Council approved the award of a contract, in the amount of $145,158.00, to Whitmore and Sons, Inc., for the Grounds Maintenance Contract Mowing. The contract expires September 30, 2006, with options to renew for five (5) additional one (1) year periods at a percent not to exceed the consumer price index of the Dallas/Fort Worth standard metropolitan area for the previous twelve month period. The CPI increase over this last year ending July 2006 is 4.0%. Also, additional properties have been added to the FY 2007 contract. Current Contract Price: 4.0 % CPllncrease: FY 2007 Additions: $145,158.00 $ 5,806.32 $ 25,680.00 Current Ground Maintenance Contract Mowing includes the following properties: . Old City Hall . Colleyville Center . Fire Station 1 . Fire Station 3 . Justice Center . City Park City of Colleyville Page 1 Printed on 8/31/2006 Agenda Briefing Continued . Pleasant Run Soccer Complex . Pleasant Run practice facility . Wood briar Park . Kimzey Park . City Hall / Library . Westmont Trail . Heritage Medians . Hall Johnson Road/Bluebonnnet Road/Riverwalk Road . Bransford / Center Park medians . L. D. Lockett Park . Sparger Park . Colleyville Nature Center . Bransford Park . McPherson Park (Dairy) . McCain Park . Cottonbelt Railroad ROW . Cottonbelt Trail . Riley Cemetery . Longwood / Broadoak . Reagan Park . Old Grove Trail . McDonwell School Road Trail . Shalimar Property Since the approval of the contract the City has identified additional areas to be maintained. These areas include: . Senior Center (1.2 acres mowed-36 cycles, 8 acres mowed-24 cycles) . McPherson Park Phase I development (27.5 acres mowed-an additional 12 cycles) . Old City Hall (additional one (1) acre due to removal of parking lot and building) . Castleton Trail (1.2 acres mowed-24 cycles) . Pleasant Run and SH26 lot (.5 acre mowed-24 cycles) A net change order in the amount of $25,680.00 is necessary to include these areas. The scope of services for this contract include, mowing medians and park land, weed-eating around obstacles, edging along concrete walkways leaving a neat clean appearance and debris removal from scheduled maintenance areas. Financial Impact Funds are available in the FY 2007 Parks Maintenance Miscellaneous Contractual Services Account 001-32-6226 to provide services for the months of October 2006 through September 2007, in the amount of $176,644.32. Recommendation Approval City of Colleyvilfe Page 2 Printed on 8/31/2006 ~)~~::.~,~( (}"':Ulm ::<'X;-<'" City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: 0-06-1587 File Number: 0-06-1587 File Type: Ordinance Status: Second Reading File Name: Public Works Department Approval to replace Emergency Ordinance 0-06-1579 and amending Chapter 98, Article \I regarding water service and water conservation providing for a drought contingency plan Agenda Date: 09/05/2006 Agenda No.: 5a Controlling Body: City Council Final Action: Version: 1 Requester: Attachments: Ordinance 0-06-1587 History of Legislative File Version: Date: Acting Body: Action Text: 1 08/15/2006 City Council 1 09/05/2006 City Council Title Approval to replace Emergency Ordinance 0-06-1579 and amending Chapter 98, Article II regarding water service and water conservation providing for a drought contingency plan Explanation Second Reading and Public Hearing Staff researched the cost and installation of rain and freeze sensors. The individual cost is approximately $25.00 each, however, a combination rain and freeze sensor will cost $50.00 - $60.00. All sensors are designed to work with any timer and can be physically installed with relative ease by the property owner. Professional installation will cost approximately $80.00 for the first half hour and $75.00 per hour thereafter. As a result, the total cost for material and labor on both the rain and freeze sensors is approximately $205.00. First Reading and Public Hearing On July 5, 2006, Council approved an emergency ordinance regarding water conservation measures and restrictions. The ordinance provided for prohibition of watering between 10:00 a.m. and 6:00 p.m. daily, for all residential and commercial users in the community, In addition, the ordinance stated additional water restrictions that could be enacted if deemed necessary by the City Manager or his designee. At this time, the City is developing an educational campaign to educate customers of the need to adhere to and to better understand how they can take steps to reduce water consumption throughout the year. The emergency ordinance is in effect until September 2006, in accordance with the existing City Charter requirements. Consequently, there is a need for a long term plan for water city of Colleyville Page 1 Printed on 8/30/2006 Agenda Briefing Continued (0-06-1587) restrictions and conservation. The proposed plan was developed as an ordinance and includes the provisions of the emergency ordinance, as well as defined accelerated stages of water restrictions. This ordinance amends and replaces Emergency Ordinance 0-06-1579. Each stage would be initiated based on the severity of drought conditions at any time of the year and also provides for curtailment of water usage during an emergency condition, In addition, the ordinance states goals for reduction of water consumption at each stage of water restriction that should meet general attainment levels set forth by the Texas Commission on Environmental Quality (TCEQ). Also, the ordinance sets forth the degree of watering that is allowed for residential and commercial customers, and once again allows the City Manager to make any changes at each stage, based on current weather or emergency conditions, Finally, the ordinance requires all new irrigation systems that are installed after August 1, 2006 must have rain and freeze sensors, This will prevent the irrigation systems from operating during wet and freezing weather conditions. Current residential customers with irrigation systems installed before August 1, 2006 will be provided an extended period of time, not to exceed 24 months, to install rain and freeze sensors. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyviffe Page 2 Printed on 8/30/2006 ORDINANCE 0-06-1587 APPROVAL TO REPLACE EMERGENCY ORDINANCE 0-06-1579 AND AMENDING CHAPTER 98, ARTICLE II REGARDING WATER SERVICE AND WATER CONSERVATION PROVIDING FOR A DROUGHT CONTINGENCY PLAN WHEREAS, there currently exists a drought situation in North Texas which, drought threatens the availability of a continuous and reliable potable water supply; and WHEREAS, the City of Colleyville has been asked by the Trinity River Authority to adopt drought contingency provisions in order to better manage the precious resource of potable water; and WHEREAS, in the absence of the Ordinance, the City of Colleyville may not be able to adequately protect its potable water supply, to ensure its availability for both regular and emergency consumption; and WHEREAS, the City Council previously adopted Ordinance 0-06-1579 as an emergency ordinance pursuant to Section 3.12 of the Charter; and WHEREAS, the City Council wishes to adopt permanent provisions to assist in drought control protection; and WHEREAS, all legal prerequisites for the passage of this Ordinance have been met, including but not limited to the requirements of the Texas Open Meetings Act and the City Charter; and WHEREAS, the current drought situation and the inadequate regulations to respond to such a drought represent an emergency pursuant to Section 3,12 of the City Charter; and WHEREAS, City Council has found that the passage of this Ordinance serves the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1, THAT all of the above premises are found to be true and correct and are hereby incorporated into the body of this ordinance by reference as if copied in their entirety herein. Ordinance 0-06-1587 Page 2 of 2 Sec. 3. THAT this Ordinance amends in its entirety and replaces Ordinance 0-06- 1579 pursuant to Section 3.12of the Charter, THAT Chapter 98, Article II of the Code of Ordinances, is hereby amended as follows: Sec, 2. Section's 98-44, 98-45, 98-46, and 98-47 of the Code of Ordinances are hereby amended in their entirety and replaced as follows: The City of Colleyville adopts and establishes a drought contingency plan as shown and provided for in the attached Exhibit "A", which is incorporated herein by reference. Sec. 4. THAT any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand dollars ($2,000.00) for each offense, Each day that a violation is permitted to exist shall constitute a separate offense. Sec, 5, THAT the effective date of this ordinance shall be immediate upon its passage, 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 APPROVED AS TO FORM AND LEGALITY: Matthew C, G. Boyle City Attorney Exhibit "A" WATER CONSERVATION & DROUGHT CONTINGENCY PLAN Section 1. Non-essential water uses. Water uses regulated or prohibited under this article (hereinafter referred to as the "Drought Contingency Plan" or the "Plan") are considered to be non-essential and continuation of such uses during times of water shortage or other emergency water supply condition are deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Section 10 of this plan. Section 2, Public education and notification. (a) The City, by and through its Department of Public Works and Communications Department shall periodically provide the public with information about the plan, including information about the conditions under which each stage of the plan is to be initiated or terminated and the drought response measures to be implemented in each stage. (b) \/Vhen drought contingency measures appear to be necessary, the public will be notified through available news media and additional information on water conservation methods will be distributed. In the event that a trigger condition is reached, the public will be kept fully informed of the status of the drought condition through all available media. (c) \/Vhen a trigger condition has been reached and/or the Trinity River Authority informs the City that drought contingency measures may be necessary, the City Manager or his designee will order the initiation of a public notification process, The public notification process will include, but is not limited to the following: (1) A notice of drought condition will be posted at City Hall. (2) The notice will be circulated to local newspapers and radio stations via public service announcement. Information regarding the contingency measures for the drought condition will be posted on the City's web page, (3) A brochure to each address in Colleyville explaining the plan through a saturation mailing, Section 3. Coordination with regional water planning groups. The service area of the City is located within the Texas Commission on Environmental Quality (TCEQ) Region 6, the Tarrant Regional Water District (T.R.W.D.) the City of Colleyville, Texas will provide a copy of this plan and any subsequent amendments to the TCEQ, Trinity River Authority (TRA), and Texas Water Development Board (TWDB) Region "en Section 4. Rates. A tiered rate structure may be implemented to encourage conservation. Section 5. Authorization. The City Manager, or his designee, is hereby authorized and directed to implement the applicable provisions of the Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager or his designee shall have the authority to initiate or terminate drought or other water supply emergency response measures as needed. Section 6. Application. The provisions of this plan shall apply to all persons, customers, and property using water provided by the City. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. Section 7, Definitions. For the purposes of this plan, the following definitions shall apply: Aesthetic water use means water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens, Commercial and institutional water use means water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels, motels, restaurants and office buildings, Conservation means those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Customer and Person means any person, company, or organization using water supplied by the City. Domestic water use means water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Industrial water use means the use of water in processes designed to convert materials of lower value into forms having greater usability and value. Landscape irrigation use means water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. Non-essential water use means water uses that are neither essential nor required for the protection of public, health, safety, and welfare including: (1) Irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this plan; (2) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; (3) Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; (4) Use of water to wash down buildings or structures for purposes other than immediate fire protection; (5) Flushing gutters or permitting water to run or accumulate in any gutter or street; (6) Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools; (7) Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; (8) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and (9) Use of water from hydrants for construction purposes or any other purposes other than fire fighting. Watering Zones means predetermined areas of the city where irrigation is allowed on designated days. Section 8. Triggering criteria for initiation and termination. The City purchases 100 percent of its potable water from the Trinity River Authority. Therefore, the emergency water management triggering measures will be the same as those of T.RA. Also, triggering criteria may be initiated as a result of short term deficiencies and or emergencies specific to the City of Colleyville and/or 1. RA. Following are the triggering criteria for initiation and termination of drought response stages: Stage 1: Water Awareness Triggering criteria: Beginning on May 1st of each year or, when the T.RA. water treatment plant is operating at greater than 85% capacity for seven consecutive days prior to May 1S\ or limitations or failures within the City distribution system warrant implementation, the City Manager may enact conservation measures. Stage 1, Awareness is intended to raise public awareness of potential drought problems, The City Manager or his designee may order the implementation of any of the actions listed below, as deemed necessary: . Voluntary reductions in water use . Prohibit residential or commercial lawn watering between the hours of 10:00 a.m. and 6:00 p.m. with the exception of watering by hand or with soaker hoses . Accelerate public information efforts to teach and encourage reduced water use . Issue a "Code Red" informing residents of restrictions . Staff will begin a review of the problems which initiated the Stage 1 actions . Intensify efforts on leak detection and repair for the City distribution system . Notify major water users and work with them to achieve voluntary water use reduction . Reduce City government use of water for street washing, vehicle washing, operation of ornamental fountains, landscape irrigation and all other nonessential use . Require rain and freeze sensors installed on all new irrigation systems . Require existing irrigation systems to have rain and freeze sensors installed within 24 months . Prohibit the operation of irrigation systems with broken or missing heads . Prohibit the operation of irrigation systems which cause significant runoff . Notify property owners in writing of operation of irrigation systems with broken or missing heads requesting repair or discontinuance within thirty days Exemptions: Private water wells used for irrigation, street sweeping, dust control and newly installed lawns shall be exempt from this ordinance. Enforcement: Violations of restrictions will result in a written warning, and then a citation may be issued with a fine not to exceed $2,000,00 per incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 1 have been alleviated. If Stage 1 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered, Stage 2: Water Watch Triggering criteria: When the T.R.A. water plant is operating at greater than 90% capacity for seven consecutive days or, limitations or failures within the City distribution system warrant implementation. Goals for reduction and actions available under Stage 2, water watch. The goal for water use reduction under Stage 2, Water Watch, is a ten percent (10%) reduction in the use that would have occurred in the absence of drought contingency measures. The City Manager or his designee may order the implementation of any of the actions listed below, as deemed necessary: . Continue Stage 1 actions . Develop and implement inter-local agreements with adjacent municipalities for temporary water purchase . Begin mandatory water use restrictions as follows: o Prohibit the hosing of paved areas, buildings or windows; operation of swimming pool draining followed by refilling, washing or rinsing vehicles by hose; using water in such a manner as to allow runoff or other water wastes. o Lim it landscape watering at each service address to once every four days based on the watering zone per the schedule below: Zone Allowed Water Days A Tuesday and Friday B Wednesday and Saturday C Thursday and Sunday Zone "A" is north of Colleyville Blvd. and west of Pleasant Run, Zone "B" is north of Glade Rd. and east of Pleasant Run. Zone "C" is south of Glade Rd. and east of Colleyville Blvd. . "'.'" . i:,.:',,:':; t,::::-.-.:...:!.:;:::::-:-':., .. ", ..' .......... ." ..~.~.. . .........- ".". . _. ',:..... .n.~................,. ',' .... ;~1~~~~0'=li,/~lji1 : .".' . . ~ - ~-".-. ;;~~~~ No watering will be allowed on Monday. These restrictions also apply to government facilities. Exceptions: Foundations, and new plantings (first year) of grass, trees and shrubs may be watered with a hand-held or soaker hose on any day; nurseries may water plant stock only, Enforcement: Violations of restrictions will result in a written warning, and then a citation may be issued with a fine not to exceed $2,000,00 per incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 2 have been alleviated. If Stage 2 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered, or until 1. R.A. and the City determ ines that conditions exist which will allow termination of Stage 2 actions. Upon termination of Stage 2, Stage 1 becomes operative, Stage 3: Water Warning Triggering criteria: When the 1. R.A. water treatment plant is operating at 95% capacity for seven consecutive days or, limitations or failures within the City distribution system warrant implementation. Stage 3 actions will not ordinarily be taken until Stage 2 actions have first been implemented. Goals for reduction and actions available under Stage 3, Water Warning. The goal for water use reduction under Stage 3, Water Warning, is a 20 percent reduction in the use that would have occurred in the absence of drought contingency measures, The City Manager or his designee may order the implementation of any of the actions listed below, as deemed necessary: . Continue implementation of all restrictions from previous stages . Recommend and implement engineering alternatives for water reduction . Foundations, shrubs, trees and landscape may be watered with a soaker or hand-held hose on the same four-day basis stated in Stage 2, for up to two hours . Prohibit operations of ornamental fountains Enforcement: Violations of restrictions will result in a written warning, and then a citation may be issued with a fine not to exceed $2,000.00 per incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 3 have been alleviated, If Stage 3 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered, or until T.R.A. and the City determines that conditions exist which will allow termination of Stage 3 actions. Upon termination of Stage 3, Stage 2 becomes operative. Stage 4: Water Emergency Triggering criteria: The 1. R.A. water treatment plant is operating at 100% capacity for seven consecutive days or, limitations or failures within the City distribution system warrant implementation, Stage 4 actions will not ordinarily be taken until Stage 3 actions have first been implemented. Goals for reduction and actions available under Stage 4, Water Emergency: The goal for water use reduction under Stage 4, Water Emergency, is a 25 percent reduction in the use that would have occurred in the absence of drought contingency measures. The City Manager or his designee may order the implementation of any of the actions listed below, as deemed necessary. Measures described as "requires notification to TCEQ" impose mandatory requirements on customers. The City must notify TCEQ within five business days if these measures are implemented: . Continue implementation of all restrictions from previous stages . Prohibit all commercial and residential landscape watering with the following exceptions: o Nurseries' plant stock may be watered once every four days based on the "watering zone" per the schedule in Stage 2 o Foundations may be watered for a two-hour period between the hours of 6:00 p.m. and 10:00 a.m. with a soaker or hand-held hose on the four-day basis prescribed for landscape watering in Stage 2 . Any and all washing of vehicles is prohibited except for commercial car washes . All commercial water users may be required to reduce water consumption by a percentage determined by the City Manager Enforcement: Violations of restrictions will result in a warning, and then a citation may be issued with a fine not to exceed $2,000.00 per incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 4 have been alleviated. If Stage 4 is initiated because of excessive demands, all initiated actions will remain in effect through September 30 of the year in which they were triggered, or until T.RA. and the City determines that conditions exist which will allow termination of Stage 4 actions, Upon termination of Stage 4, Stage 3 becomes operational. Stage 5: Emergency Water Shortage (a) System outage due to failure of a major water system component-- Triggering criteria: A catastrophic failure within the T.RW.D., T.RA. water system, or the Colleyville water distribution system severely limiting the delivery of potable water. Goals for reduction and actions available under Stage 5, Emergency Water Shortage: The goal for water use reduction under Stage 5, emergency water shortage, is a reduction to prevent public health emergencies that would have occurred in the absence of drought contingency measures. If circumstances warrant or if required by 1. RA., the City Manager or his designee can set a goal for a greater water use reduction. The City Manager or his designee may order the implementation of any of the actions listed below, as deemed necessary. Measures described as "requires notification to TCEQ" impose mandatory requirements on member cities and customers, The City must notify TCEQ within five business days if these measures are implemented: . Initiate or continue implementation of all restrictions from previous stages as directed by the city manager or his designee . Prohibit all commercial and residential landscape watering. All commercial water users will be required to reduce water consumption by a percentage determined by the City Manager or his designee (b) Supply source contamination special precautions-- Triggering criteria: Section 9 Water system contamination caused by low distribution pressures (below 20 psi), repeated unacceptable microbiological samples, or failure to maintain adequate chlorine residuals. In the event of such contamination, the affected area shall be isolated from the distribution system immediately and special precautions shall be taken in accordance with subsection (q), "Special Precautions," of Section 290.46, "Minimum Acceptable Operating Practices for Public Drinking Water Systems," of Subchapter D, "Rules and Regulations for Public Water Systems," of Chapter 290, "Public Drinking Water," of Part 1, "Texas Commission on Environmental Quality," of Title 30, "Environmental Quality," of the Texas Administrative Code, in its current form and as it may hereafter be amended. Water customers in the affected area shall be notified immediately with a "boil water notice" and a letter explaining the situation and containing recommendations to the water customer regarding the use of bottled water. The "Flow chart" contained in Appendix H of Section 290.47, "Appendices," of Subchapter D, "Rules and Regulations for Public Water Systems," of Chapter 290, "Public Drinking Water, of Part 1, "Texas Commission on Environmental Quality," of Title 30, "Environmental Quality," of the Texas Administrative Code, in its current form and as it may hereafter be amended, shall be used to evaluate the response measures necessary to correct the condition. Actions available (applied to all affected customers). . Hand deliver boil water notice to all water customers affected . Prohibit all water usage for human consumption for 24 to 36 hours, as determined by the City Manager or his designee Enforcement: Violations of restrictions will result in a warning, and then a citation may be issued with a fine not to exceed $2,000.00 per incident. Termination criteria: All initiated actions will remain in effect until the conditions which triggered Stage 5 have been alleviated. If Stage 5 is initiated because of water supply contamination, all initiated actions will remain in effect until the City Manager or his designee determines that conditions exist which will allow removal of Stage 5 actions. Variances. (a) Temporary variances. The City Manager or his designee may in writing, grant temporary variance for existing water uses otherwise prohibited under this plan if it is determined that failure to grant such a variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or more of the following conditions are met: (1) Compliance with this plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. (b) Exemptions. Persons requesting an exemption from the provisions of this article shall file a petition for a variance with the City within 5 days after the plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the City Manager or his designee and shall include the following: (1) Name and address of the petitioner(s). (2) Purpose of water use. (3) Specific provision(s) of the plan from which the petitioner IS requesting relief. (4) Detailed statement as to how the specific proVIsion of the plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this article. (5) Description of the relief requested. (6) Period of time for which the variance is sought. (7) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this plan and the compliance date. (8) Other pertinent information as may be required by the City Manager or his designee, (c) Special conditions. Variances granted by the City Manager or his designee shall be subject to the following conditions, unless waived or modified by the City Manager or his designee: . Variances granted shall include a timetable for compliance . Variances granted shall expire when the plan is no longer in effect, unless the petitioner has failed to meet specified requirements . No variance shall be retroactive or otherwise justify any violation of the plan occurring prior to the issuance of the variance Section 10. Penalty. It shall be unlawful for any person to violate any provision of this article, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than $2,000,00, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues, L~~!~ cee 't(."",", City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: 0-06-1588 File Number: 0-06-1588 File Type: Ordinance Status: First Reading Controlling Body: City Council Final Action: Version: 1 Agenda Date: 09/05/2006 Agenda No.: 6a Requester: Community Development Department File Name: Approval of the recommendation to repeal a Special Use Permit for alcoholic beverage sales on Lot AR, E.M, Thompson Subdivision, located at 5224 Colleyville Boulevard, Case Z-06-021 Attachments: Letter to Property Owner Dated August 10, 2006 . List of Property Owners Notified . Letter of Opposition. Ordinance 0-06-1588 History of Legislative File Version: Date: Acting Body: Action Text: 09/05/2006 City Council Title Approval of the recommendation to repeal a Special Use Permit for alcoholic beverage sales on Lot AR, E.M. Thompson Subdivision, located at 5224 Colleyville Boulevard, Case Z-06-021 Explanation First Reading and Public Hearing On September 11,2001, the City Council approved Ordinance 0-01-1293, which authorized a Special Use Permit for the sales of alcoholic beverages for on-premise consumption for the commercial business located at 5224 Colleyville Boulevard. Over the past few years, five restaurants have opened and closed at this location. At the August 15, 2006 City Council meeting, the City Council approved Resolution R-06-2743, which authorized the initiation of a change on zoning to repeal the Special Use Permit for the sales of alcoholic beverages for on-premise consumption for this property. The repealing of the Special Use Permit will support the City's current redevelopment efforts along SH26 by enabling Economic Development Department staff to work with the current property owner to secure a high quality business tenant for this facility. A restaurant with a good business plan could certainly be considered for approval of a new Special Use Permit in the future. A new Special Use Permit application would require additional public hearings using the same procedures applicable for all rezoning requests. Staff notified the property owner in writing and dicussed the proposal with the property owner via telephone conversation. The property owner understands the City's position and is agreeable to try to find a high quality tenant for this building. Staff notified the adjacent property owners regarding the proposed repealing of the Special Use Permit. Attached is a copy of the one letter of opposition to the proposal that has been received. City of Colleyville Page 1 Printed on 8/31/2006 Agenda Briefing Continued (0-06-1588) The Planning and Zoning Commission considered this proposal at the August 28, 2006 meeting and recommended approval by a unanimous vote. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 8/31/2006 Letter to Property Owner Dated August 10, 2006 August 10, 2006 Mr. Brandon Hartsell 640 S. Ayrshire Street Crosby ton , TX 79322 Re: Special Use Permit for alcoholic beverage sales at 5224 Colleyville Boulevard Dear Mr. Hartsell, I have not been able to make contact with you via telephone, so I am writing you this letter to provide you with information regarding your building at 5224 Colleyville Boulevard. As you may be aware, there have been considerable issues and numerous problems with the nature of the business operation and sales of alcoholic beverages with the most recent tenant of the building. During this past year, the Colleyville Police Department has responded to many complaints at this facility. Due to the persistent problems the Police Department has experienced over the past year, the Police Chief filed an official protest with the Texas Alcoholic Beverage Commission regarding the renewal of the operator's alcoholic beverage license. After learning of the Police Chief's protest to the license renewal, our staff learned on July 27, 2006, of the tenant's decision to close the business, effective immediately. This was confirmed with a telephone call from our Building Official to the manager of the facility. The purpose of this letter is to inform you that the City Council on Tuesday, August 15, 2006, will be initiating the process to repeal the Special Use Permit for the sales of alcoholic beverages at this business location. The process will consist of public hearings before the Planning and Zoning Commission and City Council. As the property owner, you will be receiving official notice of the public hearings, stating the time, date and location of the hearings and be given opportunity to provide comment, which may be written if you are unable to attend the public hearings. You may recall that the current Special Use Permit was approved in 2001 to allow Miguelito's Mexican Restaurant to sell alcoholic beverages. Unfortunately, the business closed due to personal reasons of the owner. Should the City Council repeal the Special Use Permit, a future applicant with a good business plan would certainly be considered for approval of a new Special Use Permit. A new Special Use Permit would require additional public hearings in the future. I trust this letter provides you with the City of Colleyville's concerns for the most recent tenant and our expression to continue to work with you to secure a quality business tenant in in the future. Scott Welmaker, Colleyville Economic Development Manager, is available to discuss with you any potential business prospects or to explore any redevelopment plans you may have for the property. Scott may be reached at 817-503-1 060. Please feel free to call me at 817-503-1052, should you have any questions or require additional information. Sincerely, CITY OF COLLEYVILLE Barry LeBaron Development Director lebaronb@ci.collevville.tx.us Z-06-021 First Baptist Ch Colleyville 5300 Colleyville Blvd Colleyville, TX 76034 Miller, Louis C Etux Elizabeth 7800 Tillman Hill Ct Unit B Colleyville, TX 76034 5224 Colleyville Ltd 640 8 Ayrshire 8t Crosby ton, TX 79322 List of Property Owners Notified Barnard Partners Xiii Ltd PO Box 37206 Fort Worth, TX 76117 Hart, Kay Lynn Foster 5301 Pleasant Run Rd Colleyville, TX 76034 Tcbe Investments Lc 5004 Thompson Ter Colleyville, TX 76034 5224 Colleyville Ltd 640 8 Ayrshire 8t Crosby ton, TX 79322 Davidson, Charles PO Box 424 Burleson, TX 76097 Hudson, Keith Carroll PO Box 1227 Colleyville, TX 76034 Village Monticello Prtns Ltd 99 Main 8t 8te 200 Colleyville, TX 76034 5224 Colleyville Ltd 6408 Ayrshire 8t Crosby ton, TX 79322 Letter of Opposition DR KEITH C HUDSON PO BOX 1227 COLLEYVILLE TX 76034 817-281-3444 CASE ## 0-06-025 ._.-TQ PL:AflrQHNG-ANDZO~COMMlSION RE: ZONE .CHANGE TORBPEAL A SPECIAL ALCOHOL PERMIT FOR 5224 COLLEYVILLE BLVD. AS THE CLOSEST BUSINESS TO ABOVE PROPERTY, I HA VB bWVijIHAD ANY PROBLEM WITIlTHEIR CUSTOMERS. I WISH mE FIRST BAPTIST CHURCH MEMBERS WOULD TAKE A LESSON FROM THEM. IT IS THE CHURCH MEMBERS WHO ~ ME NASTY NOTES AND Clgl8E ME OUT WHEN I ASK THEM NOT TO BLOCK. MY GATES AND ~ONT DOORS. TIlEY REPEATEDLYREMOVB CONCRETE BARRIERS I PUT BETWEEN MYPAltKING AREA ANDTHBIR DRIVEWAY CREATING A REAL SAFETY CONCERN FOR. ME, MY EMPLOYEES, AND PATIENTS. TIIANK YOU, ~- KEITH C HUDSON DDS ORDINANCE 0-06-1588 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE, PROVIDING FOR THE ZONING CHANGE OF THE PROPERTY ON LOT AR, E. M. THOMPSON SUBDIVISION, BY REPEALING THE SPECIAL USE PERMIT FOR THE SALES OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION WHICH WAS AUTHORIZED BY ORDINANCE 0-01- 1293; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AUTHORIZING PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance 0-01-1293, approved on September 11, 2001, authorized a Special Use Permit for the sales of alcoholic beverages for on-premises consumption for Lot AR, E. M. Thompson Subdivision, located at 5224 Colleyville Boulevard; and WHEREAS, the City Council approved Resolution R-06-2743 on August 15, 2006, to initiate a change of zoning to repeal the Special Use Permit for the sales of alcoholic beverages for this property; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, on August 28, 2006, the Planning and Zoning Commission held public hearings regarding the proposed zoning change; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance 0-06-1588 Page 2 of 3 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Land Development Code of the City of Colleyville, Texas, be, and the same is hereby amended by repealing the Special Use Permit for the sales of alcoholic beverages for on-premises consumption on Lot AR, E. M. Thompson Subdivision, located at 5224 Colleyville Boulevard, as shown on the Zoning Map attached as Exhibit "A". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations Ordinance 0-06-1588 Page 3 of 3 of this ordinance. Sec. 7. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately upon publication. 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 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney 11:-~~ ~.t. · ~ · *' ..t' . 1 ~ .,~ -. f ,.~1::. \1.'. ~\~"'1 ~ ,1' .~. ... ,..G" \.~ ~.. 2 G" f oj'\,' 1,.1. ~ · \. ~ .. ..... 1 · . 'IGO\. fIIi... ... ~." g~ ~ t /"..~~~1 --.J ",' .J ~- 11 -.,;'f( " II.... . · ~..~' t I pt..X";' .... I . ~ f;~ I':!,: ~ ....\. ~ ~ - · f;..... ' ,..,"~\~~,.. II""' ~ , ~ '.... II; , ':., \G" _..... .1- I "':7 I. . ~~"'.\;i ..Il.~ . ~ . ~~/ ~ --PI .... -:;!i....: .. ":' ~ .... ~ 7HIt Y . · . ~i~ .. ~~ " ~ ~ Site - 5224 Colleyville Blvd. f :;;;*' .'~--!- ~~I ~~Q ~ /1)." · - "~. Ai I ..~...~ . .... 11 .... 1 - ~ ' \. -.JIM .JIM , ' IL" .' .... .. ~ ~ ~ : tJIII!!!l "I. .-. .... JL ."1-.- Cf --: , f ~ --;-.. · ~ l.llM /.T. · I t · r /J '\ - if-;-.:. J\ 'I 2 . ,1 .''1 ( · II' : 11 ~= '.._..____.._ '.$ F_ _u f I.... I ~ I I I ... .. .... .. .. I.. : - -. -..----.. ...... :J I , . . . ~~~ff lNIUi r, · · · .1. ~~'-P" ~- I , 1 It .- ... - · -I. -I ~...lIli - · I...... . I. ~1 ~ .... &II I~r~.... ~ ~:" ~L _lilT, - "~. ~ . " '... ...Ul "'......' _ "If , !:R ... UI . -t =: t::j .. ..... ...J ~ ... , ..00- ....00.... " t ... 1I EXHIBIT A - ZONING MAP I "." r;~~ ~ :-:'t~i ....' .1.1. JeW I I T , r cec "r-.x.,'" City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1 000 www.colleyville.com File Number: 0-06-1589 File Number: 0-06-1589 File Type: Ordinance Version: 1 Agenda Date: 09/05/2006 Requester: Finance Department Agenda No.: 6b File Name: Adoption of the proposed Fiscal Year 2006-2007 Budget Attachments: City Manager FY 2007 Budget Message,pdf. FY 2007 General Fund Summary.pdf. FY 2007 Utility Fund Summary,pdf. FY 2007 Debt Service Fund Summary,pdf. FY 2007 Drainage Utility Fund Summary,pdf. Ordinance 0-06-1589,pdf Status: First Reading Controlling Body: City Council Final Action: History of Legislative File Version: Date: Acting Body: Action Text: 1 09/05/2006 City Council Title Adoption of the proposed Fiscal Year 2006-2007 Budget Explanation On August 3,2006, the City Council held a work session to review the proposed Fiscal Year 2006-2007 budget. The totals for the Utility Fund, Debt Service and Drainage Utility Funds contained in the ordinance are the totals presented to the Council. For Fiscal Year 2006-2007, the tax rate remains at $.3474 per hundred dollars of valuation for the thirteenth straight year. Included in the budget are enhancements to public safety with the hiring of two patrol officers and a warrant officer, purchase of replacement hydraulic rescue tools and a replacement ambulance. There is continued emphasis on street maintenance with an additional $150,000 allocated to offset the rising cost of asphalt. Other enhancements include purchase of on-line building permit software, and the addition of a desk-top computer technician, a parks maintenance worker, and a part-time library clerk. Financial Impact Adoption of the budget will provide expense appropriation for the General Fund, Utility Fund, Debt Service Fund and Drainage Utility Fund for Fiscal Year 2006-2007 Recommendation Approval City of Colleyville Page 1 Printed on 8/29/2006 c8re l1mefess NeiJh6orhoorfj'f>o 'E;cce(1tionaf 'Peo(1fe FY 2006 - 2007 Budget Message Honorable Mayor and City Council; I am pleased to present the FY 2007 Combined Annual Operating Budget for the City of Colleyville. This budget represents a continued commitment to prudent fiscal management while enhancing services to improve the quality of life and meet expressed needs in the community. Introduction While this budget does not fund all departmental requests, it meets the Council priorities for service improvements identified during the April 13, 2006 mid year budget review and the June 12 and 13, 2006 budget planning worksession. This budget supports, among other efforts: public safety, code enforcement services, public works, parks and recreation, library and utility services. The FY 2007 Budget has been formulated by reflecting on a philosophy of: . Providing solid governmental services centered with a focus on quality; . Valuing our employees; . Remaining fiscally sound; . Pursuing opportunities to partner with other public providers; and . Effectively allocating resources to meet citizen needs. Accountinq Inteqritv The budget is balanced and prepared in accordance with State law, the Colleyville City Charter and the budget policies. The budget has been prepared in accordance to provisions outlined within the Governmental Accounting Standards Board (GAS B) "Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments" (GASB 34). The accounts of the City are organized on the basis of funds or account groups, each of which is considered to be a separate accounting entity. All funds are budgeted and accounted for on a Generally Accepted Accounting Practice (GAAP) basis for purposes of financial statement presentation. The Governmental Fund types use a financial resources measurement focus and are accounted and budgeted for using the modified accrual basis of accounting. Under the modified accrual basis, revenues are recorded when susceptible to accrual, i.e., both measurable and available. Available means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. Expenditures represent a decrease in net financial resources and, other than interest on general long-term debt, are recorded when the fund liability is incurred, if measurable. Interest on general long-term debt is recorded when due. Governmental fund types are those through which most governmental functions of the City are financed. The acquisition, use, and balances of the City's expendable financial resources and the related liabilities (except those accounted for in the Proprietary and Fiduciary fund types) are accounted for through Governmental Fund types. The Proprietary Fund types are accounted and budgeted for on a cost of services or "capital maintenance" measurement focus, using the accrual basis of accounting. Proprietary fund types operate in a manner similar to private business. The City utilizes only the enterprise fund type. Under the accrual basis of accounting, revenues are recognized when earned and expenses are recognized when incurred. For purposes of this budget presentation, depreciation is not displayed and capital expenditures and bond principal payments are shown as uses of funds, Goals for the Budaet In preparing the budget, the primary budget goal is to achieve identified objectives that maintain and improve City services for the citizens. During the June 12 and 13 budget planning session, the Council identified seven organizational objectives used as the cornerstone in the development of the budget. Work initiatives having a direct fiscal impact in the preparation of the budget include: .. To make Colleyville more prosperous through economic development efforts towards a balance between commercial and housing components of the overall tax base with a focus on promoting the city as a place for unique and boutique retailers offering the city as a destination place. · Increased dedicated resources for new business development · Creation of strategic & tactical plans for SH26 redevelopment and development of the Precinct Line corridor . Continuation of promotional advertising with trade publications and attendance to national and regional trade shows. .. To have an infrastructure system properly maintained and funded providing effective management meeting citizens service demands and expectations with special attention towards enhancement of the maintenance and reconstruction of streets. . Continued funding and partnership with Tarrant County for street improvements · Preparing a traffic calming study · Improved traffic enforcement with school zone speed signs .. To provide efficient and user-friendly services that maintains the city as a safe, secure, clean and attractive community for family and business. · Recruitment of quality police and fire personnel for vacancies · Hiring of two patrol officers and a warrant officer . Enhanced traffic enforcement for city streets with additional patrol officers . Increased training in technical fields and supervisory activities . Replacement of an ambulance by lease-purchase .. . To bring the financial picture into balance by identifying expenses and revenues that sustain city growth and support service levels, while maintaining strong fiscal accountability and financial stewardship. · Hiring of a Utility accountant · Initiating a staff evaluation for new financial software package · Review funding requirements for the City's TMRS obligation as impacted by retiring employees .. Effectively utilize and promote Colleyville's paid and volunteer human resources. · Implementation of the Workforce Development Program . Continuation of volunteer appreciation events for Board and Commission members .. To have a progressive city that values citizen involvement/communication and strong community organization relationships, . Communication improvements throughout the City including broadcast and web cast of all Council meetings . Utilize an envelope mailing system for utility bills to offer customers information on various City services and programs ... Develop, expand, and promote leisure activity opportunities for the citizens. · Hiring of a maintenance employee · Maintenance of shade covers for ball fields The Budoet Challenoe The continuation of sound financial and operational philosophies has guided the development of the budget for the upcoming year. By its very nature, the preparation of any budget is the allocation of scarce resources. There will always be more needs than available funds. With this recognition, the preparation of the FY 2007 Budget includes: . Operational costs being scrutinized carefully to ensure the necessity of each expenditure in the context of the current service delivery and financial environment; . Programs being evaluated for potential adjustment where associated activities may have declined; · Appropriate fund balances being maintained; and · Quality of service delivery for basic services, and secondarily of popular programs, being a high priority for continuation and/or expansion. Future budqet expectations In reviewing the expense plan for the coming fiscal year, the Council will want to give consideration to several emerging areas of expenses to be addressed in succeeding budgets. The proposed FY 2007 Budget was able to avoid these costs due to completion deadlines and managing program services. Remodeling of the recently acquired building for a new Senior Center is anticipated to be complete in the fall of 2006. With the opening of the new facility, minimal budget impact has been anticipated for FY 2007 given that funding currently exists for a similar facility where services will be transferred to the new site. Operating hours are scheduled for only twenty hours per week for FY 2007. Recognizing the viability and popularity of the new facility, it is anticipated that the FY 2008 Budget will need an adjustment of $93,000 for extended operating hours and programs. The projected FY 2008 funding to operate and maintain the Senior Center for a full weekly service includes: . Personnel cost- $58,000 (Senior Center Supervisor) . Contractual services- $30,300 . Supplies- $4,700. McPherson Park (Phase I) is scheduled to open in late Summer 2007. Phase I includes approximately 16 acres of the 27 acre park. Projected FY 2008 funding to operate and maintain McPherson Park will be approximately $130,000. A breakdown of these costs include . Personnel cost- $30,000 (Parks Maintenance worker) . Contractual services- $53,100 . Supplies- $1,900 . Capital outlay- $45,000 for a truck and utility vehicle. As a component of the FY 2007 Budget, staff will be preparing a comprehensive staffing study. This special study should be complete by the third quarter of the fiscal year to enable the Council evaluation of operational needs. Identified staffing needs will be incorporated into the five year budget forecast for future Council consideration and evaluation. The Library Department initiated an update to their strategic plan during this current fiscal year and is scheduled to be complete by spring 2007. The update will in part evaluate and recommend utilization of the second floor area of the library. While no anticipated budget impact has been identified at this time, it is reasonable to anticipate additional staff and programs being proposed to assist in the implementation of the strategic plan update. Manaoino efficient services An ongoing means of funding City operations is to aggressively look at other area governments to maximize economy of scale for cost savings. As with past years, part of the budget approach is to embrace the concept of partnering with other governmental units, with the guiding principal that it should meet the BEE test (beneficial, economical and efficient) for Colleyville. The projected budget proposes to contract for services with other governments in the following areas: Street Overlay: To maximize street maintenance, the City will continue partnering with Tarrant County. The County has phenomenal street overlay capabilities and has shown a strong interest in assisting our maintenance program. Elections: The City will continue to contract with the Tarrant County Elections Administration Department to conduct local elections. The efficiency and expertise provided by the County enhances the quality of the electoral process available to the citizenry. Building Maintenance: We will continue to contract with Tarrant County for janitorial support services for the Colleyville Justice Center, the Colleyville Public Library and the Colleyville City Hall. Public Safety: Continued participation with the Metroport Teen Court is funded jointly with the cities of Colleyville and South lake. Funding is also provided to meet the contractual obligations of the Bedford Response Area. The City proposes to continue a partnership with the GCISD and KISD for partial funding of School Resource & DARE officers. Regional Transportation: The expense plan continues funding with the Trinity Railway Express (TRE) for residents' participation with the regional mass transit authority. GCISD: We will continue to focus work efforts with the District for printing, tax collection services and use of recreational facilities to maximize our operating budget. Economic Development: Continuation in partnering with the North Central Texas Council of Governments (NCTCOG) hosting a website offering property information in support of our economic development efforts. City infrastructure information, mappings and property information is provided on the site. Contracting services for GIS related mapping information for aerial photography with the NCTCOG for public works and economic development will be continued for the seventh year. Revenues The development of the FY 2007 budget started with an evaluation of available revenues. A few points in assessing revenue opportunities were: y Conservative sales tax growth of 3% provided by new retail starts y Increase in investment earnings to 4.5% y Anticipating 245 housing starts in FY 2007 compared to 229 budgeted for FY 2006. y Franchise utility revenue increase of 13.5% for the increased cost of energy. Property Tax Revenues A major budgetary observation in preparing any governmental budget is setting the property tax rate. Once the roll is received in late July, the tax rate is determined based on both the debt rate needed to pay for the City's bonded indebtedness and funds needed for maintenance and operation funding in the General Fund. Consistent with the last thirteen years, there is no proposed adjustment to the property tax rate for this next year. The main source of income for the City is property taxes, which account for 50% of our total revenue. The Tarrant Appraisal District has rendered Colleyville's property valuations for FY 2007 at $3,062,340,646, which includes the TIF District valuation of $157,692,034. This is 4.2% higher overall than last year's TIF District valuation and 208% from base year 1998. Focusing attention for home ownership of citizens aged 65 and over, the City Council approved in 2004 the Senior Property Tax Freeze and increased the Over 65 Property Tax Exemption to $65,000. Property tax revenues may be adversely affected in future years if state legislative efforts are successful in decreasing the current 10% cap on residential appraisal growth. Growth caps of 3% and 5% for local government property appraisals have been discussed. Tarrant County witnessed a 9% growth in overall valuation growth compared to Colleyville's 7%. While general public sentiment is that there may be "runaway" reappraisal growth, a review of the data actually reveals that new construction growth historically has outpaced reappraisal growth for Colleyville. The increase for existing Colleyville residential valuation was only 2.5% for the upcoming budget year. Even more important to the tax payer is that the share of Colleyville's overlapping tax burden has been declining in recent years. The City's share of the citizen's tax rate burden with the other taxing entities has declined from 14.2% in 1996 to 12.9% in 2006. Conservative fiscal policy by the Council and an attention by staff in fiscal management have augmented this success. A review of the three components of the tax base reveals that the substantial portion of the roll is provided by residential properties. Appraised Property Values $3,000,000,000 $2,500,000,000 $2,000,000,000 $1,500,000,000 $1,000,000,000 $500,000,000 $0 DVacant Land . Commercial . Residential 1995 2000 2001 2002 2003 2004 2005 2006 2007 As submitted, the FY 2007 Budget provides for a property tax rate of $0.3474 per $100 value to support a projected property tax roll of $$3,062,340,646. This tax rate is the lowest of each of the peer benchmark cities with a range on the low side of $0.015 to a high of $0.223. The tax rate is comprised of Operation and Maintenance of $.27873 and an Interest and Sinking rate of $.06867. The latter component provides funding for retirement of the annual debt obligations. Budget Year 2006 2007 Average Pro ert Value $338,001 $352,915 Property Tax Rate $0,3474 $0.3474 Property Tax Pa ment $1,174.22 $1,226.03 As noted in the preceding table, the rate will adjust the typical homeowner's tax bill 4.4% compared to the FY 2006 tax billing. The average homeowner will see a property tax payment adjustment of $51.81 to support city services, which equates to $.14 per day. Principally driving the increase in average property value between FY 2006 and FY 2007 was higher permit values for new home construction. Sales Tax Revenue The second major financial consideration that guides the development of the budget is the growth of sales tax revenues. The City collects a total of 2% sales tax: 1 % for General Fund and the remaining 1 % allocated for two ~ cent special purpose districts. All projections of sales tax revenues are very conservative because of the volatility of this revenue source, which is dependent on the economy. The mandated sales tax holiday in August implemented by the State Legislature on certain retail goods has some negative effect on retail sales, but that impact cannot be directly measured. In FY 2005, the City Council entered into three separate economic development incentive agreements providing for a portion of sales tax generated to be shared with respective economic development prospects for the Colleyville Town Center. Only the City's general 1 % sales tax is allocated to these three performance based incentive agreements as a baseline for incentives. Starting with the FY 2007 Budget, an expense item has been provided in the Economic Development Department budget to account for the payment of the incentives. The FY 2007 Budget provides $152,500 towards this year's incentive obligation. A special fund has been established for the net present value of the combined incentive agreements as previously discussed by the Council with funding being provided by the allocation of $1,080,000 from excess cash balance of the General Fund, as previously discussed with the Council. It is anticipated that the contracted service provider for refuse and recycling services (IESI) will be filling a rate adjustment request with the City during the later part of this summer. The service provided has not received a rate adjustment during the term of the contract and is preparing a submittal. The forecasted revenue schedule does not account for the marginal impact generated by the rate adjustment, dependent on Council action, for refuse franchise revenues due to its limited revenue enhancement. Expenditures In developing the budget, we once again focused resources on vital core services and Council priorities. Departmental budgets were evaluated for appropriate adjustments based on historical expenses and anticipation of spending needs for the coming year. Continuing the City's commitment to innovation, self-improvement, accountability and open communication, City Staff has further integrated the role performance measurement plays in managing the City's operations and in determining Staffs success in meeting City Council's goals. The following illustration shows where the City will spend the tax dollar for FY 2007. For example, public safety expenses and programs represent 43% of the total City property tax levy payment. Fire $ 0.20 Community Services $.160 General Management $ 0.12 Public Works $ 0.12 Engineering / Bldg. Insp. $ 0.06 Finance / Court $ 0.04 Community / Eco. Dev $ 0.03 Comp Plan $ 0.03 FY2007 Enhancements . Vehicle replacement - $19,160 This will be the third year to implement a scheduled vehicle replacement program. In preparing the FY 2007 Budget, an additional $19,160 has been included for the purchase of more fuel efficient vehicles and the Fire Department's scheduled ambulance replacement with the first lease payment occurring in early 2008. . Technology Buildina Codes - $70,000 Funding is provided for the purchase of building permit software to allow online automated application and issuance of construction permits. Staff will be able to synchronize with the main database when physically connected to the network or via a wireless carrier service. The software will also help building inspectors track non-compliant items found during inspections. When the on-site review is complete, a final inspection report is prepared. The software allows the building department to publish permits to the web allowing the inspectors work to begin without re-keying any information from paper forms. Using a web-based technology, the Building Department can incorporate external parties into the plan review process. A five year replacement for the software purchase is proposed to be funded by a modest adjustment to the building permit fee schedule. . Facilities - Equipment Parks - $40.000 The General Fund budget provides funding from FY06 additional cash balance from operations which was added to the General Fund's unrestricted Fund Balance. Funding from this source provides for the replacement of the bleacher and scoreboard shade cloth at City Park for $40,000. Fire Station - $30.200 The Department operates two hydraulic rescue tools (Jaws of Life) for emergency extraction of individuals for vehicles. Due to age and inability to acquire replacement parts, $30,200 is provided for replacement in the budget. Librarv - $30.000 Continuing the commitment to utilizing technology to minimize staff needs, the budget provides $30,000 for the purchase of an enhanced automated material check out computer. The equipment will allow patrons to pay any associated fees or fines when checking out material. The current equipment does not have a pay feature thus limiting patron use. The General Fund budget provides funding from FY06 additional cash balance from operations which was added to the General Fund's unrestricted Fund Balance. Information Technoloav - $5.250 The $5,250 funding for the purchase of a network wide tape drive back up is proposed to be provided by the General Fund budget from FY2006 additional cash balance from operations which was added to the General Fund's unrestricted Fund Balance. . Staffing Police - $205.483 To address needed staffing for law enforcement operations, funding is provided for the hiring of three additional police officers. Two of the positions will be for patrol while a third is for warrant collection activities. Staffing costs for the warrant officer is anticipated to be offset from increased warrant feel collections. A fourth civilian position is provided for a full time public safety assistant. The implementation of these positions will allow patrol officers to better concentrate time in the field by minimizing workload at the station. Information Technoloav - $45.584 A desk-top computer technician is provided to assist better management of the City's technology investment. Adding the position will additionally address computer technology needs in the Library Department. Parks Department - $36.642 The FY 2007 Budget provides funding for a park maintenance worker to assist with maintenance programming for parks. Librarv Department - $18.978 Funding for a part-time library clerk is provided to assist the Department providing patron assistance locating materials. Street Maintenance - $150.000 The FY 2007 Budget allocates an additional $150,000 towards overall street maintenance. This increase is needed to offset rising cost of oil from the current fiscal year related to asphalt purchases. Librarv - $68.000 Consistent with previous budgets, the FY 2007 Budget allocates funding from the Voluntary Library Fund, subject to a recommendation of the Colleyville Public Library Board for materials purchase. Fuel Cost Adiustments (all departments) - $19.507 Continued world events and the instability in the Middle East have in part caused price increases in gas and oil. To account for these uncontrolled increases, additional is budgeted for FY 2007 for fleet operations. Buildina Utilitv Costs (all departments) - $59.938 The FY 2007 Budget reflects increases for utility costs for servicing the related city facilities and street lighting. COMPENSATION AND BENEFITS (all Funds) Maintaining an investment in staff is an important component in the development of the FY 2007 Budget. The Budget includes funding for a 5% salary merit adjustment. Funding a merit program at this rate will enable the City to offer employees a merit adjustment range of 2% to 7%. The Budget provides funding to bring all employees to the minimum of the new pay range. Also provided is our strong attention in employee benefits with continuation in funding employee dependent insurance at 75% to maintain our overall competitive position with the peer cities. This 5% merit adjustment will cost the General Fund $478,500, the Drainage Fund $26,895 and the Utility Fund $107,164, inclusive of retirement and taxes. The 65 employees who are "maxed out" will receive a one time payment either by cash or paid into a City approved deferred compensation plan. Addressing merit evaluations being moved from a calendar to anniversary date, there is a one time funding for pay equalization for those employees receiving a merit adjustment during later portions of the year. The cost is $85,000 for the General Fund. The total cost for the insurance program is $1,632,888 for the FY 2007 Budget. This amount includes health, dental, life, long-term disability, COBRA and flexible spending account administration and the wellness program. Of this amount, $1,318,175 is funded through the General Fund. Citywide, the annual health insurance premium for employee only per month is $435.88 and dependenUfamily insurance will be $1,320.72 per month this year. The dependent premium is split with the City paying 75% ($1,098.94 per month) and the employee paying 25% ($221.78 per month). In addition, the City participates at the premium level in the Texas Municipal Retirement System (TMRS). Under this system, the City matches the employee retirement contribution at a 2 to 1 ratio. The City is at the maximum contribution rate and annually provides updated service credit adjustments to maximize the employee retirement potential. Funding for participation in the TMRS program is $829,866 (11.71% of pay) for the General Fund. The City also provides workers' compensation coverage through the Texas Municipal League (TML) for all employees. Staff has worked diligently to control costs by participation in a citywide safety program. This program meets on a monthly basis to review trends, address safety issues and coordinate safety training and awareness efforts. This program has proven effective by lowering premiums over the last two years. This year the City received an increase of 14.62% or $27,310 in the General Fund due to recent legislation which expands coverage of firefighter personnel. This increase includes an adjustment of the City's experience modifier to 0.88%. Focusing on efforts to reduce employee health and workers compensation claims, the City implemented in FY 2005 a wellness program, Fit and Well in Colleyville. This is voluntary program that encourages employees to evaluate overall health and work towards improvement. Due to this program we have seen individual employee results including weight reduction, decrease in prescription medication, increased physical activity and nutrition. The program offers a variety of elements such as on-line health assessments, individual coaching for improvement, seminars, challenges and disease management. Employee participation earns credits towards three different incentive levels and depending on the level reached this year will affect the possible incentive next year. The long-term goal is to minimize premium increases through improved health and wellness of our employees. The FY 2007 Budget funds $13,094 towards the cost for this program. Implementing the first year of the Workfoce Development Program (WDP) will be a major focus of work by staff. The WDP is a multi-prong initiative driving results in succession planning, staff development and compensation management. Early successes with these efforts have been recognized nationally by the Innovations Group and regionally by the Texas Municipal League. Staff served as a featured speaker for a national training session on succession planning hosted by the Innovations Group this past July. The Texas Municipal League has selected Colleyville as winner of its statewide municipal excellence award for management innovations to be awarded at its annual conference this October. During the June Council budget work session, staff was directed to develop an organizational staffing study. The objective of the study is to identify probable staffing needs. Funding for the project is anticipated to not exceed $30,000 with a concentration of staff resources allocated to minimize costs. UTILITY FUND BUDGET The Utility Fund is a proprietary fund structured and operated as a stand-alone business or enterprise. For budgeting purposes, the Fund segregates the operating expenses and debt service in an accounting fashion similar to the General Fund. In accordance with Generally Accepted Accounting Principles (GAAP), this Fund uses a full accrual basis of accounting that combines the accounting of long-term assets and liabilities with operating expenses and revenues. As a stand-alone Enterprise Fund, the Utility Fund pays its share of overhead costs as a reimbursement to the General Fund. The Fund also makes a franchise fee payment to the General Fund of 2%. Continuation of the hot, dry weather will have a detrimental impact on the ability of the City to provide water to residents as the regional water system is stressed. Accordingly, staff is developing a water conservation program to enhance public education on outdoor watering needs. Educational materials and seminars have been prepared as part of the budget. As further research is complete, staff will be presenting a broader customer interaction program for Council consideration. Revenues Combined Utility Fund revenues total $9,896,770. Water sales account for 71% of this amount and sewer revenues account for 22%. Interest, tap fees and miscellaneous revenues make up the remainder. Utility rates were increased in FY 2001 and 2006 for a portion of the scheduled $5 million for State Highway 26 utility relocation improvements (estimated construction in June 2008). Debt will be issued early in FY 2008. Increases for water and wastewater services provided by the Trinity River Authority (TRA) were able to be absorbed within anticipated revenues but there may be a required rate adjustment to offset these rate increases in the FY 2008 Budget. Meeting bond covenant requirements, the rate structure provides for a 1.5 times coverage factor. Capital programming for the Fund directed by the City Council in FY 2005 provides for the maintenance of a 180-day working capital reserve. Expenditures Utility Fund expenditures total $9,337,375 for the FY 2007 Budget. The largest component, 51 %, of the Fund covers the contractual obligation for water and wastewater to the Trinity River Authority. As part of the program to repair and rehabilitate the utility system, the budget continues funding the annual meter replacement program at a cost of $30,000. The following are significant adjustments proposed for the FY 2007 Budget. . Staffing - $66,943 Funding for an accountant is provided in the Utility Billing Department. The adding of this new position will greatly expand and enhance the capabilities of the Finance Department in managing the day to day financial operations of the Utility Fund. . Facilities and Equipment - $20,000 Continuing to manage the growing volume of plans, the Utilities Department plans to purchase (over five years) contracted services for the electronic archiving of documents at $20,000 per year. The funding for the purchase of this service is proposed to be provided by prior year excess fund balance from the Utility Fund. . Utility Bill Mailer - $70,000 To facilitate greater flexibility in offering citizen information, the Utility Billing Department will begin mailing monthly utility bills by envelope. This style of billing will accommodate the City an ability to additionally provide to customers information on various City services and programs. . Fuel Cost Adjustments - $10,345 Consistent with the General Fund, the Utility Fund FY 2007 Budget is increased to account for price increases in gas and oil. . Electric Utility Costs - $11,785 The FY 2007 Budget reflects an increase for electrical costs for servicing the related city facilities and utility pumping operations. The following illustrates the distribution of expenses for the Utility Fund. Debt Service Operations Transfers ",,,,,,":?i-JtfiikW# ___ 5% 2% Billing Administration ~~~if<'!;,~If~!~ Compensation ........... 1% DEBT SERVICE FUND The City budgets for debt service in two separate Funds - utility and tax supported debt service. The Utility Fund's times coverage ratio of 1.20 is effectively met with a projected 1.50 ratio for FY 2007 with the rate structure. With the successful passage of the 2005 General Obligation Bond Election, the City will issue related debt in 2008. Scheduling of the sale of the debt is planned to not impact the debt portion of the property tax rate until the FY2008 Budget. Current projections are that the sale of this debt will require an adjustment of the debt tax rate. The City's bond ratings are further evidence of Colleyville's financial strength. In 2002, the City received an upgrade in its General Obligation bond rating from Standard and Poor's from "AA" to "AA+. A very strong tax base growth coupled with a low tax rate, strong financial performance and substantial cash balances are the primary reasons for the bond rating. The Waterworks and Sewer System and separately the Drainage System revenue bonds also received a rating upgrade in 2003 and 2004 respectively. Standard and Poor's upgraded the Waterworks and Sewer System revenue bonds from "AA" to "AA+" and upgraded the Drainage System revenue bonds from "A" to "AA-". Reasons for the upgrades include strong financial operations, growth in service area, adequate water and sewer treatment capacity to meet future demands, and moderate debt ratio with manageable future borrowing plans. A credit ranking for outstanding debt means the City's bonds are considered to be of superior investment quality, meaning lower interest payments. With a population of only 21,750, Colleyville is in a peer of only five other Texas cities (average population of 200,000) with this magnitude of bond rating. The Colleyville Economic Development Corporation's rating by Standard & Poor's on its outstanding debt was increased from "A-" to "AA" during FY 2006. The increase in the rating was based upon a strong debt service reserve and improved maximum annual debt service coverage due to greater sales tax revenue. STORMWA TER DRAINAGE UTILITY FUND In 1993, the City Council adopted a monthly fee to assess against residential and commercial utility billing accounts for stormwater management. The Stormwater Drainage Utility Fund covers operation and maintenance of the City's drainage system and addresses federally mandated requirements for stormwater systems. This fund is designated to help the Public Works Department maintain streets, sewers and drainage ditches to manage runoff from commercial and residential development. A Drainage Department was previously established to account for related personnel and operating costs. The Fund receives $825,636 annually from the collection of the monthly fee. Annual debt payments for the outstanding bonds comprise $263,705. The remaining funds are allocated for six staff positions and $171,846 for miscellaneous projects. This will be the third year budget that began annualized funding of a lease payment of $14,789 for the acquisition of related equipment. The drainage bonds require a coverage ratio of 1.20 times annual bonded debt service, approximately $316,446 annually. Using the cash generated from the prior year's coverage ratio enables the fund to acquire this equipment and future replacement equipment using multi-year leases. SPECIAL DISTRICTS The Council continues to be innovative in evaluating financing options for various City programs. Programs implemented, to date, include: .. Colleyville Tax Increment Financing District: The Tax Increment Reinvestment Zone (TIRZ) District was created in 1998. The primary goal of the District is to encourage quality commercial development in the City. The District boundaries predominately occupy property located along State Highway 26, comprising 633 acres of land area. Incremental values subsequent to January 1998 are taxed at the City's adopted property tax rate. However, the ad valorem revenues are utilized within the District rather than being allocated to the City's overall budget. Overlapping taxing entities, including Tarrant County, Tarrant County College District, Tarrant County Hospital District and the Grapevine-Colleyville Independent School District participate at varying levels in the District by assigning their ad valorem tax dollars. The incremental value for tax year 2006 is $157,692,034, an increase of 4.2% over the valuation for tax year 2005. The base value for the District was $75,821,735 in 1998. The FY 2007 debt service payment is $1,540,620 for bonds issued for District projects. Additionally, expenditures are anticipated for payment to the Villages at Colleyville and The Town Center at Colleyville for developer infrastructure as a result of Board and City Council incentified approved projects. Initial planning projections provided that the anticipated property valuation for the District would be $184,991,735 for FY 2007. Based on property evaluations provided by the TAD, the actual valuation for the District will actually be $233,517,769. This is a 26.2% increase over the 1998 projection. . Colleyville Crime Control and Prevention District: The primary goal of the District is to fund public safety facilities. The District was created by voter approval in 1999, with oversight of funds assigned to the Board of Directors composed of the City Council. State law provides that a District's life is limited to five years, unless voters continue the District by approval of a referendum. In September 2003, Colleyville voters approved continuation of the District for an additional 20 years. Expected revenue from the special purpose sales tax, use of funds generated from prior years coverage ratio and related interest income for the FY 2007 Budget is $1,042,956. The budget provides funding for the annual debt for the Colleyville Justice Center, compensation for a police officer, annual acquisition of four police vehicles, Teen Court, and in-car mobile digital video systems with total expenditures of $834,652. . Colleyville Economic Development Corporation: Authority for the Corporation is provided by State statute as a 4B Corporation. The 0.05% sales and use tax approved by the voters in August 1996 has been an important resource in our capital improvement program for community related facilities. Expected revenue from the special purpose sales tax, use of funds generated from prior years coverage ratio and related interest income for the FY 2007 Budget is $1,511,413. The CEDC Board will meet in September to approve the FY 2007 Budget. Funding provided by this special sales tax historically has been allocated to community development initiatives (i.e. parks, libraries, city hall, etc.). Consistent with state law, some moneys will likely be allocated by the Board of Directors for economic development efforts for festival and marketing efforts. The budget provides funding for the following items by allocation of prior year excess cash balance: " Kidsville playground repair and renovation $10,000 " Playground safety signs $6,000 " Field Maintenance entry improvements $11,500 f.l Picnic tables $6,000 NATIONAL RECOGNITION The city received a Distinguished Budget Presentation Award from the GFOA for its FY 2006 Budget. In order to receive this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as an operations guide, as a financial plan, and as a communications device. The Budget Presentation Award is valid for a period of one year only. It has been an honor for the City to have received this award for twelve years running and a testament to the professional expertise that Terry Leake, Finance Director, provides for the citizens. I believe the 2007 budget continues to meet the program criteria, and this budget will be submitted to the GFOA to determine its eligibility for continued receipt of the award. SUMMARY This budget was delivered to the City Council on July 28,2006. The Council scheduled a worksession for August 3 and 4, 2006, and a follow-up worksession on August 17 and 18, 2006, if needed, to review the FY2007 Budget. A citizen budget education day is scheduled for August 12, 2006. In keeping with our continued effort to broaden communication with the public concerning the City's finances and budget process, the FY 2007 Budget can be reviewed via the City website at www.Collevville.com. In addition, the Executive Summary provides citizens information pertaining to the budget in summarized form. A public copy has been filed with the City Secretary. A reference copy of the budget is available in the Colleyville Public Library. Approval of a proposal to set the tax is scheduled for August 15, 2006. A public hearing for the FY2007 Budget is scheduled for September 5, 2006, with adoption of the budget on September 19, 2006. Printing of the budget will be completed by January 5, 2007. The development of the FY2007 Budget was a challenge considering the demands for services exceed available resources and need for staffing improvements. There is some comfort in knowing that the peer cities are experiencing similar, and in some cases greater, budget challenges. City staff continues to review and evaluate internal operations for opportunities to reduce and improve the provision of funded services. This service plan provides a good foundation for future budgets. We have focused on what we expect to achieve in FY2007 and how we can continue moving forward. I am particularly pleased with the level of commitment in implementing a sustainable budget philosophy from the Council and staff. Each Department Head looked within their departments for innovative and cost saving approaches for the delivery of services. In addition, appreciation goes to members of the Budget Team. Finance Director Terry Leake, Human Resources Director Kelly Cooper, and Budget and Administrative Services Manager Stephen Seidel are due a tremendous debt of gratitude. Colleyville is lucky to have all of these employees as a part of the Management TEAM. Colleyville is fortunate to have a uniquely talented and passionate community that is extremely active. Strong citizen participation is welcomed and encouraged. Clearly, the citizens speak out on the type and expected level of services. The administrative desire is to continue this path and provide a climate that fosters unity within the varied faces of the community through involvement and input to our organizational efforts. As the City Council considers the FY 2007 Budget, one important question answered in the proposed budget is our focus on the future. Customer service will be at the forefront, and the City will continue to retain and attract staff that will be committed to the organizational values that emphasizes a strong customer service philosophy. The staff remains focused and committed to providing efficient and cost-effective services and programs to the citizens. Sound fiscal planning will continue to be on the forefront as we move into the new fiscal year. Through these conservative and focused efforts, the City will be able to continue to provide quality services to our citizens. Over the years, the City Council has gone about the business of developing a quality community, in part by the development of annual budgets. Colleyville is deserving of being named best in Texas and 40th in the nation for "Best Places to Live" for 2005 by Money Magazine. The FY 2007 Budget continues that practice. The development and preparation of the budget can best be summarized with a view that the financial picture of the City is very positive, and the focus is on the future. This budget lays the groundwork for a strong structure to carry on the duties and responsibilities of the government. I appreciate your devoting the time to discuss the opportunities in this service plan during the worksessions. Through this process, we will reach consensus on the direction to take the City in the future Sincerely, Bill Lindley City Manager Attachment . FY 2007 Combined Annual Operating Budget GENERAL FUND SUMMARY PROPOSED PROJECTED ACTUAL FY 2007 FY 2006 FY 2005 Beginning Unreserved Fund Balance - 10/1 $ 7,309,745 $ 6,850,731 $ 6,268,266 Total Revenues 16,133,126 15,395,156 14,360,462 Use of Available Cash 145,250 * 200,000 0 Total Expenditures (16,277,722) (14,936,142) (13,777,997) Ending Unreserved Fund Balance - 9/30 $ 7,165,149 $ 7,309,745 $ 6,850,731 Netlncrease/(Decrease) to Fund Balance $ (144,596) $ 259,014 $ 582,465 EXPENDITURE RECAP: MANAGEMENT City Council/City Secretary $ 541,285 $ 508,295 $ 333,547 City Manager's Office 548,976 631,924 604,486 Legal Counsel 106,823 103,323 83,285 Human Resources *** 186,844 0 0 Communications 152,904 144,709 127,577 Finance 451,022 482,769 470,498 Municipal Court 232,216 243,630 236,154 Building Services 247,680 247,898 169,629 Information Services 254,549 169,848 162,370 MANAGEMENT SUBTOTAL: $ 2,722,299 $ 2,532,396 $ 2,187,546 COMMUNITY DEVELOPMENT Community Development $ 273,856 $ 261,357 $ 262,228 Building Inspections 391,067 311,744 273,728 Economic Development 170,452 166,280 162,511 Engineering 509,641 475,021 461,765 COMMUNITY DEVELOPMENT SUBTOTAL: $ 1,345,016 $ 1,214,402 $ 1,160,232 POLICE $ 3,682,832 $ 3,352,077 $ 3,216,341 FIRE $ 3,337,422 $ 3,202,334 $ 3,061,449 COMMUNITY SERVICES Parks $ 1,325,530 $ 1,175,444 $ 1,191,306 Recreation 291,027 289,046 276,946 Library 589,608 505,819 475,470 Colleyville Center 348,201 343,276 318,431 COMMUNITY SERVICES SUBTOTAL: $ 2,554,366 $ 2,313,585 $ 2,262,153 PUBLIC WORKS Streets and Drainage $ 1,747,299 $ 1,606,457 $ 1,656,184 Fleet Maintenance 189,988 187,188 188,352 PUBLIC WORKS SUBTOTAL: $ 1,937,287 $ 1 ,793,645 $ 1,844,536 CAPITAL EQUIPMENT RESERVE $ 135,000 $ 155,840 $ 45,740 MERIT ADJUSTMENT $ 563,500 $ 371,863 $ 0 TOTAL GENERAL FUND EXPENDITURES $ 16,277,722 $ 14,936,142 $ 13,777,997 * One-time expenditure to be used for building permit software ($70,000), City Park bleacher/scorekeeper stand shade cloth replacement ($40,000), Library automated material check-out ($30,000), Quantu DL T 84 Tape Drive Fire Department server ($5,250) ** One-time expenditure to be used for contingency funding ($200,000) *** Prior to FY 2007, accounted for in City Manager's Office Budget GENERAL FUND REVENUES PROPOSED PROJECTED ACTUAL FY 2007 FY 2006 FY 2005 AD VALOREM TAXES Current Taxes $ 8,015,166 $ 7,440,760 $ 7,349,837 Delinquent Taxes 65,000 65,000 66,474 Penalty and Interest 45,000 45,000 65,566 AD VALOREM TAXES SUBTOTAL $ 8,125,166 $ 7,550,760 $ 7,481,877 FRANCHISE TAXES $ 1,693,163 $ 1,686,687 $ 1,484,037 SALES TAXES $ 2,290,191 $ 2,222,237 $ 2,022,613 LICENSES AND PERMITS $ 1,534,244 $ 1,528,336 $ 1,359,329 FINES $ 620,400 $ 624,700 $ 477,530 CHARGES FOR SERVICES $ 738,043 $ 749,386 $ 664,432 INTERGOVERNMENTAL $ 81,443 $ 77,565 $ 73,872 MISCELLANEOUS REVENUES $ 505,775 $ 423,128 $ 332,379 USE OF AVAILABLE CASH $ 145,250 $ 200,000 $ 0 TRANSFERS-IN $ 544,701 $ 532,357 $ 464,393 TOTAL GENERAL FUND REVENUES $ 16,278,376 $ 15,595,156 $ 14,360,462 UTILITY FUND SUMMARY PROPOSED FY 2007 BUDGET FY 2006 ACTUAL FY 2005 TOTAL BEGINNING RETAINED EARNINGS - 10/1 $ 10,270,018 $ 9,543,067 $ 8,934,851 OPERATING REVENUES Water Sales $ 7,152,284 $ 6,967,199 $ 6,935,045 Wastewater Sales 2,173,056 2,111,144 1,937,571 Water Installation 44,800 44,800 62,635 Wastewater Installation 22,900 16,000 34,700 Sewer Tie-On Charges 5,000 10,000 12,064 Engineering Charges 35,000 35,000 42,213 Penalties 153,730 181,567 144,905 Miscellaneous 10,000 9,300 14,448 TOTAL OPERATING REVENUES $ 9,596,770 $ 9,375,010 $ 9,183,581 OPERATING EXPENSES Utility Administration $ 211,794 $ 195,692 $ 189,557 Utility Billing 429,462 280,775 234,838 Utility Operations 6,910,588 6,540,854 6,801,830 Transfer to General Fund 544,701 491,025 464,393 Merit Adjustment 107,164 67,975 0 TOTAL OPERATING EXPENSES $ 8,203,709 $ 7,576,321 $ 7,690,618 NON-OPERATING REVENUES(EXPENSES) Interest Income $ 300,000 $ 285,000 $ 251,080 Debt Service (1,133,666) (1,356,738) (1,135,827) TOTAL NON-OPERATING REVENUES(EXPENSE~ $ (833,666) $ (1,071,738) $ (884,747) NET INCOME $ 559,395 $ 726,951 $ 608,216 ENDING RETAINED EARNINGS - 9/30 $ 10,829,413 $ 10,270,018 $ 9,543,067 DEBT SERVICE FUND SUMMARY PROPOSED BUDGET ACTUAL FY 2007 FY 2006 FY 2005 BEGINNING FUND BALANCE - 10/1 $ 996,708 $ 989,618 $ 995,889 FUND REVENUES Current Property Taxes $ 1,856,962 $ 1,802,940 $ 1,432,959 Delinquent Property Taxes 16,000 16,000 15,398 Penalty & Interest 12,000 12,000 13,686 Transfer-in CCCPD Fund 520,761 524,788 638,408 Interest Income/Other 32,000 32,000 21,966 TOTAL REVENUES $ 2,437,723 $ 2,387,728 $ 2,122,417 FUND EXPENDITURES 1994 G.O. & Refunding Bonds $ 162,030 $ 162,825 $ 163,255 1996 G.O. Bonds 0 102,500 102,328 1999 G.O. Bonds 37,970 39,170 40,370 1999 CCCPD Sales Tax Bonds 520,761 524,788 638,408 2001 G.O. Refunding Bonds 1,155,325 1,043,025 1,037,125 2002 Certificates of Obligation 482,590 477,920 130,375 Radio Tower Upgrade Lease 0 0 13,617 Fire Truck Lease 49,723 0 0 Asphalt Distributor Lease 24,324 25,410 0 Paying Agent 5,000 5,000 3,210 TOTAL EXPENDITURES $ 2,437,723 $ 2,380,638 $ 2,128,688 ENDING FUND BALANCE - 9/30 $ 996,708 $ 996,708 $ 989,618 DRAINAGE UTILITY FUND SUMMARY PROPOSED BUDGET ACTUAL FY 2007 FY 2006 FY 2005 TOTAL BEGINNING RETAINED EARNINGS - 10/1 $ 825,570 $ 767,620 $ 703,164 FUND REVENUES Drainage Fees $ 825,636 $ 798,000 $ 663,925 PenaltieslMisc 14,449 13,965 10,610 Interest Income 31,500 22,000 19,589 TOTAL REVENUES $ 871,585 $ 833,965 $ 694,124 FUND EXPENSES Drainage Operations $ 508,661 $ 488,759 $ 338,307 Debt Service/Lease Payment 278,494 276,593 291,361 Merit Adjustment 26,895 10,663 0 TOTAL EXPENSES $ 814,050 $ 776,015 $ 629,668 ENDING RETAINED EARNINGS - 9/30 $ 883,105 $ 825,570 $ 767,620 ORDINANCE 0-06-1589 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE CITY OF COLLEYVILLE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 THROUGH SEPTEMBER 30,2007, A COPY OF SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO BECOME EFFECTIVE ON OCTOBER 1, 2006 WHEREAS, in compliance with Article 689a-14, Vernon's Texas Civil Statutes, the City Manager did file with the City Secretary, a copy of the budget of the proposed expenditures for the fiscal year beginning October 1, 2006, and ending September 30,2007, such filing being more than thirty (30) days prior to the date on which the City Council makes its tax levy for said fiscal year; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meetings Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. THAT the budget of the proposed expenditures for the fiscal year beginning October 1,2006, and ending September 30,2007, which was prepared by the City Manager, a copy of which is on file in the Office of the City Secretary, is hereby made a part of this ordinance by reference and is hereby approved and adopted by the City Council of the City of Colleyville, Texas, as the official budget for the fiscal year beginning October 1, 2006, and ending September 30,2007. THAT appropriation amounts for the Fiscal Year 2007 budget for the different funds of the City of Colleyville are hereby fixed as follows: General Fund Utility Fund (Water & Wastewater) Debt Service Fund Drainage Utility Fund $16,277,722 $ 9,337,375 $ 2,437,723 $ 814,050 THAT the City Manager is hereby authorized to execute all contracts and documents for which funding is appropriated in the aforementioned budgets. AND IT IS SO ORDERED. Ordinance 0-06-1589 Page 2 of 2 The first reading and public hearing being conducted on September 5, 2006. The second reading and public hearing being conducted on September 19, 2006. Passed, approved and adopted by the City Council of the City of Colleyville, Texas, this the day of 2006, by the following vote: George Boll Rich Hendler Tom Hart David Kelly Tony Licata Jon Ayers Mike Taylor ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney i.:.it"J.'f" . .ff'S.,'" City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: 0-06-1590 File Number: 0-06-1590 File Type: Ordinance Status: First Reading Version: Agenda Date: 09/05/2006 Controlling Body: City Council Requester: Finance Department Agenda No.: 6c Final Action: File Name: Adoption of the Ad Valorem Tax Rate for Fiscal Year 2006-2007 Attachments: Ordinance 0-06-1590,pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 09/05/2006 City Council Title Adoption of the Ad Valorem Tax Rate for Fiscal Year 2006-2007 Explanation First Reading and Public Hearing The FY 2007 proposed tax rate is $.3474 per hundred dollars of valuation. This tax rate is unchanged from FY 2006 to FY 2007, and the rate has remained unchanged for the past twelve years. The average residential value for FY 2006 was $338,001 and the average residential value for FY 2007 is $352,915. This equates to an annual property tax adjustment of $51.81 to support city services, or an adjustment of $.14 per day. Principally driving the increase in average property value between FY 2006 and FY 2007 was higher permit values for new residential constructions. For FY 2007, the calculated effective tax rate is $.3388. The proposed tax rate of $.3474 will provide $249,800 in additional revenue over the effective rate. This revenue would be used to offset increases totaling $292,215 in utilities, fuel, health insurance and the increase in the price of asphalt in the Street department budget. Pursuant to Section 26.06 of the Texas Property Tax Code, two public hearings must be held where citizens have an opportunity to address the Council on the proposed tax rate, before the tax rate can be adopted. The first public hearing was held on Tuesday, August 29, 2006 and this is the second of the two required public hearings. The tax rate will be adopted on Tuesday, September 19, 2006. As a point of reference, the effective tax rate calculation set the interest and sinking rate (Debt Service Fund rate) at $.06867. The remainder of the tax rate of $.27873 will be allocated to operations and maintenance (General Fund rate). The attached ordinance adopting the FY 2007 tax rate reflects these rates as required by the effective tax rate calculation. City of Colleyville Page 1 Printed on 8/31/2006 Agenda Briefing Continued (0-06-1590) Financial Impact Adoption of the tax rate and its subsequent levy will provide a portion of the funding for the Fiscal Year 2006-2007 budget. Recommendation Approval City of Colleyville Page 2 Printed on 8/31/2006 ORDINANCE 0-06-1590 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, LEVYING TAXES FOR THE OPERATION OF THE MUNICIPAL GOVERNMENT OF THE CITY OF COLLEYVILLE, TEXAS, FOR THE 2006-2007 FISCAL YEAR; ESTABLISHING THE AD VALOREM TAX RATE OF THIRTY FOUR AND SEVENTY FOUR HUNDREDTHS CENTS ($.3474) PER ONE HUNDRED DOLLARS PROPERTY ASSESSMENT; PROVIDING FOR APPORTIONMENT OF TAXES FOR INTEREST AND SINKING FUND FOR CERTAIN BOND INDEBTEDNESS AND FOR GENERAL OPERATING NEEDS, PROVIDING PENALTIES AND INTEREST FOR THE DELINQUENT TAXES, AND TO BECOME EFFECTIVE ON OCTOBER 1, 2006. WHEREAS, a budget has been adopted by the City Council of the City of Colleyville, Texas, covering the proposed expenditures of the municipal government of the City of Colleyville for the fiscal year beginning October 1, 2006 and ending September 30, 2007; and WHEREAS, said budget reflects the needs for revenue to meet the expenses proposed therein; and WHEREAS, the City is required to accumulate an Interest and Sinking Fund for certain outstanding bond indebtedness. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT there is hereby levied an ad valorem tax that shall be collected for the use and support of the municipal government of the City of Colleyville. It shall provide the legally required interest and sinking fund for certain outstanding bond indebtedness during the 2006-2007 fiscal year. Such tax shall be levied upon all property, real, personal or mixed within the corporate limits of Colleyville, Texas, which is subject to taxation. The rate of tax shall be thirty-four and seventy-four hundredths cents ($.3474) on each one hundred dollars ($100.00) property assessment. Said tax levied for and apportioned to the following specific purposes: A. For the General Fund, a tax rate of $.27873 is levied. B. For the Interest and Sinking Fund, a tax rate of $.06867 is levied. Sec. 2. Sec. 3. Sec. 4. Ordinance 0-06-1590 Page 2 of 2 THAT taxes levied by this ordinance shall be due and payable on the first day of October 2006, and shall become delinquent on the first day of February 2007, if unpaid. Upon taxes becoming delinquent, interest and penalty will be added as required in Section 33.01 of the Texas Property Tax Code, and shall commence on the first day of February 2007. The City of Colleyville is hereby authorized to adopt any and all legal remedies provided by the Texas Property Tax Code for the purpose of collecting delinquent taxes. THAT THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THAT THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $1 00,000 HOUSE BY APPROXIMATELY $10.20. AND IT IS SO ORDERED. The first Reading and Public Hearing being conducted on September 5, 2006. The second Reading and Public Hearing being conducted on September 19, 2006. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCil OF THE CITY OF COllEYVlllE, TEXAS, THIS THE DAY OF 2006 BY THE FOllOWING VOTE: ATTEST: David Kelly Tony Licata Jon Ayers Mike Taylor George Boll Rich Hendler Tom Hart CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney + "t(,x"" City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: 0-06-1591 File Number: 0-06-1591 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 09/05/2006 Controlling Body: City Council Requester: Finance Department Agenda No.: 6d Final Action: File Name: Amending Ordinance 0-92-880 setting fees and charges for City services and facilities Attachments: Police Fee Ordinance Update Memo dated August 16, 2006,pdf. Pavilion Fee Increase Memo dated August 23, 2006,pdf. Colleyville Center Fee and Policy Adjustment Proposal Memo dated August 9, 2006,pdf. Library Miscellaneous Fee Ordinance Update Memo dated August 18, 2006,pdf. Ordinance 0-06-1591,pdf History of Legislative File Version: Date: Acting Body: Action Text: 09/05/2006 City Council Title Amending Ordinance 0-92-880 setting fees and charges for City services and facilities Explanation First Reading and Public Hearing As a part of the budget process, department directors review the miscellaneous fees charged by their department and propose new fees to be charged or revisions to current fees. Per the attached memo from the Police Department, there is a deletion of the annual pet registration fee and the fee for first time animal impoundment, since they are included in the recently approved animal ordinance (0-06-1582). The Parks Department is proposing changing the park pavilion rental rate to $10 per hour for Colleyville residents and $15 per hour for non-Colleyville residents per the attached memo. The following changes proposed by the Colleyville Center were approved unanimously on August 14, 2006 by their advisory board per the attached memo: . increase the minimum rental of Entire Assembly Hall from two hours to four hours on weekdays . increase Coffee Service charges for 55-cup service from $25 to $30 . eliminate 11 O-cup Coffee Service . reduce LCD projector daily fee from $400 per day to $150 per day . eliminate the $25 Kitchen Usage Fee for Resident and Non-profit rate categories City of Colleyville Page 1 Printed on 8/29/2006 Agenda Briefing Continued (0-06-1591) . replace Resident and Non-profit Kitchen Usage Fee to a charge of $1 per person with a $300 maximum The Library Board unanimously proposed the following: . a $25.00 fee for both non-residents without a home library and non-residents living in a city which is non TexShare, non-reciprocal borrowing participating home library . a $2.00 fee for Interlibrary loan materials not picked up, and extending the patron loan periods and limits. The effective date of all proposed changes is October 1, 2006. Financial Impact It has been determined there is minimal financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 8/29/2006 COLLEYVILLE POLICE DEPARTMENT INFORMATIONAL MEMO REF: TERRY LEAKE, FINANCE DIRECTOR TOMMY INGRAM, CHIEF OF POLlC~ \ e,z-..> AUGUST 16, 2006 FEE ORDINANCE UPDATE TO: FROM: DATE: Please note for the Miscellaneous Fee Ordinance that the annual pet registration fee and the fee for first-time animal impoundment is now included in the new Animal Ordinance (#0-06-1582.) All other fees collected by the Police Department remain unchanged. MEMORANDUM TO: Terry Leake, Finance Director FROM: Monica Sue Walsh, Director of Parks and Recreation ~w DATE: August23,2006 SUBJECT: Pavilion fee increase Colleyville has four park pavilions that are available for rentals. Staff has researched peer cities' pavilion rental rate structures. Rates varied from hourly rates to daily rates for small and large pavilions. Hourly rates for small pavilions were $6-$10 an hour and large pavilions \.. was $9-$16 an hour. Our current rate is $10 for a resident three hour rental and $35 for a non-resident three hour rental. We average 80 resident and 26 non-resident pavilion rentals a year. Based on the peer city research, staff proposes the park pavilion rental rate to be changed to $10 an hour for residents and $15 an hour for non-residents. The Colleyville Activity Guide is mailed in early December and, if the proposal is accepted, would reflect the new hourly rates. Staff recommends the new rates are effective January 1, 2007. MEMORANDUM FROM: DATE: SUBJECT: Bill Lindley, City Manager Colleyville Center Advisory Committee Lin Przybyl, Colleyville Center Manager August 9, 2006 Colleyville Center Fee and Policy Adjustment Proposal TO: In preparation for FY 2007 budget planning, staff proceeded with the annual review of current Colleyville Center policy and fee schedules which is attached. A benchmarking survey of comparable facilities indicates that Colleyville Center fees are in alignment with similar municipal facilities. Upon further assessment and based on the Center's need to keep pace with escalating operating costs while remaining competitive, staff proposes an adjustment to the following policy and ancillary fee services. . Proposal to increase the minimum rental of Entire Assembly Hall on weekdays to four hours. Increasing the 2-hour minimum to a 4-hour minimum rental of Entire Assembly Hall on weekdays, as is currently the policy on weekends, will provide consistency in policy. Due to the large square footage involved, most customers rent beyond 4 hours. Staffing to set up and take down a very large event takes approximately 4 to 7 man hours. Four-hour rates or half day rates are standard policy for comparable sized rental facilities. . Proposal to increase Coffee Service charges for 55-cup service from $25 to $30 and eliminate 110-cup Coffee Service. Coffee Service fees were set when the building opened in 1998. A 55-cup (or 3.4 gallon) service is $25. The proposal to increase the fee to $30 for a 55-cup and eliminate the 110 cup fee is based on increased cost of supplies. The current benchmarked rate for coffee service ranges from .50 to $1.50 per cup depending on other food services offered. . Proposal to reduce LCD projector daily fee from $400 per day to $150 per day. The current $400 a day rate was consistent with old pricing for use of a projector. Due to technology, the cost of LCD and Multi-use projectors has been significantly reduced and the availability of projectors has increased. To rent a projector from an AV equipment company for a 24- hour period is $150. While we have many users who prefer to utilize the Center projectors at $50 an hour, they are less likely to require full day usage and will use outside sources to rent for extended usage. A $150 per day fee will be more in keeping with the current comparable rate. Staff recommends the $50 an hour rate remain the same. . Proposal to eliminate the $25 Kitchen Usage Fee for Resident and Non- profit rate categories. Replacing with a Kitchen Usage Fee of $1 per person with a $300 maximum. The Resident and Non-profit Kitchen Usage fee has been in effect since 2001 when the Center Fee Review Subcommittee made the exception for Resident and Non-profit rate categories. Currently, most events utilizing the kitchen for meal service use a caterer. They are charged a 12% catering fee, as are all rate categories, with the caterer providing the city with liability coverage in the amount of $500,000.00. If a client is providing meal service and utilizing the kitchen without the use of a caterer, they will be assessed a Kitchen Usage Fee. Resident and Non-profit Kitchen Usage for meal service resulted in less than 20 events over the past 12 months. The following chart shows the current Kitchen Usage Fee and proposed change: Resident $25 Non Profit $25 Local Business $2 per person $2 per person Non-Res.! Standard $2 per person $2 per person These proposed adjustments will be recommended to the Colleyville Center Advisory Committee at the August 14, 2006 quarterly meeting. If approved, these proposed changes will result in a minimum impact on revenues. The proposed increase will place an appropriate value on these services. Staff will continue to assess enhancements to service levels at the Center and market the Center and our ancillary services as a means of increasing revenues and offering quality service. Attachments: Fee and Policy Benchmark Survey, March 2006 Current and Proposed Fee Schedules Colleyville Center Fee Schedule Local Business * MEETING ROOMS Weekday Mon. - Fri. (1 pm) Weekend Fri. (1 pm) - Sun. West $ 25 $ 10 $ 40 $ 20 East $ 25 $ 10 $ 40 $ 20 Combined $ 45 $ 15 $ 70 $ 30 Weekday Weekend l PARLOR Mon. - Fri. (1 pm) Fri. (1 pm) - Sun. $ 25 $ 10 I $ 40 $ ASSEMBLY HALL Weekday Mon. - Fri. (1 pm) Weekend Fri. (4 pm) - Sun. Kitchen $ 110 $ 30 $ 170 $ 50 Stage $ 90 $ 25 $ 170 $ 50 Entire Hall $ 170 $ 45 $ 250 $ 70 ENTIRE BUILDING $ 790 8 Hours $ 100 extra hr Saturday (after 4p.m.) $ 890 8 Hours $ 100 extra hr * A business owner, whose business lies within the corporate limits of the City of Colleyville, for social and for profit functions. Colleyville Center Fee Schedule Local - Non-Profit Organization* Weekday Weekday Evening MEETING ROOMS Mon. - Fri. (1 pm) Mon - Thursday Weekend Fri. (1 pm) - Sun. West $ 10 $ 4 $35 $5 $ 40 $ 15 East $ 10 $ 4 $35 $5 $ 40 $ 15 Combined $ 18 $ 6 $40 $10 $ 65 $ 25 Weekday Weekend PARLOR Mon. - Fri. (1 pm) Fri. (1 pm) - Sun. $ 10 $ 4 $ 40 $ 15 ASSEMBLY HALL Weekday Mon. - Fri. (1 pm) Weekend Fri. (1 pm) - Sun. Kitchen Access - 330 standing $ 44 $ 12 $ 150 $ 40 Stage Access - 204 standing $ 36 $ 10 $ 150 $ 40 Entire Hall $ 68 $ 18 $ 230 $ 60 ENTIRE BUILDING Weekday $ 260 8 Hours $ 30 extra hr Weekend $ 720 8 Hours $ 80 extra hr Saturday (after 4.pm.) $ 820 8 Hours $ 80 extra hr. · A Colleyville civic club, organization or association that has a valid non-profit organization Texas state charter, which is in good standing. Colleyville Center Fee Schedule Resident Social * MEETING ROOMS Weekday Mon. - Fri. (1 pm) Weekend Fri. (1 pm) - Sun. West $ 22 $ 9 $ 40 $ 15 East $ 22 $ 9 $ 40 $ 15 Combined $ 40 $ 13 $ 65 $ 25 Weekday Weekend PARLOR Mon. - Fri. (1 pm) Fri. (1 pm) - Sun. $ 22 $ ASSEMBLY HALL Weekday Mon. - Fri. (1 pm) 9 $ 40 $ 15 Weekend Fri. (1 pm) - Sun. Kitchen Access - $ 99 $ 27 $ 150 $ 40 Stage Access - $ 81 $ 22 $ 150 $ 40 Entire Hall $ 153 $ 40 $ 230 $ 60 ENTIRE BUILDING $ 720 8 Hours $ 80 extra hr Saturday (after 4p.m.) $ 820 8 Hours $ 80 extra hr · A resident within the corporate limits of the City of Colleyville. Colleyville Center Fee Schedule Standard Rate * MEETING ROOMS Weekday Mon. - Fri. (1 pm) Weekend Fri. (1 pm) - Sun. West $ 30 $ 12 $ 50 $ 25 East $ 30 $ 12 $ 50 $ 25 Combined $ 54 $ 18 $ 90 $ 35 Weekday Weekend PARLOR Mon. - Fri. (1 pm) Fri. (1 pm) - Sun. $ 30 $ 12 $ 50 $ 20 ASSEMBLY HALL Weekday Mon. - Fri. (1 pm) Weekend Fri. (1 pm) - Sun. Kitchen Access - 330 standing $ 132 $ 36 $ 210 $ 50 Stage Access - 204 standing $ 108 $ 30 $ 210 $ 50 Entire Hall $ 204 $ 54 $ 310 $ 80 ENTIRE BUILDING $ 950 8 Hours $ 120 extra hr Saturday (after 4 p.m.) $ 1,150 8 Hours $ 120 extra hr · A resident or business, outside of the corporate limits of the City of Colleyville, MEMORANDUM FROM: Terry Leake, Finance Director Mary E. Rodne, Library Director ""f"\4R- TO: DATE: August 18, 2006 SUBJECT: Miscellaneous Fee Ordinance Update At the August 14, 2006, Library Board Meeting, the Library Board reviewed and discussed current miscellaneous fees, circulating materials restrictions and materials replacement and processing fees for the Library and unanimously recommended the following changes for the Library. CIRCULATING MATERIALS RESTRICTIONS MATERIALS LOAN PERIOD LIMITS FEES/FINES RENEWAL LIMITS MP3 players 21 days 1 $1.00 per day fine 1 MATERIALS REPLACEMENT AND PROCESSING FEES ITEM COST PROCESSING FEE MP3 player and/or accessories Cost of Items $5.00 The Library plans to make a limited number of MP3 players available for patron checkout as an adjunct to the Library's new digital materials download service. There would be no additional cost to administer the proposed fees. Additionally, the revenue impact would be minimal. Increased revenues of approximately $72.00 for fines would be generated for FY 2006. Attached is a revised Circulating Materials Restrictions table, which includes a no limit change to J Kit Limits, due to the increased collection size, and a revised Materials Replacement and Processing Fees table. These changes were unanimously approved by Library Board. As a point of reference, no other recommended changes were made to the Fees/Fines schedule. Attachments: Circulating Materials Restrictions Table Materials Replacement and Processing Fees Table COLLEYVILLE PUBLIC LIBRARY CIRCULATING MATERIALS RESTRICTIONS MATERIALS LOAN PERIOD LI M ITS* FEES/FINES** RENEWAL LI M ITS*** Fiction Books 21 days No Limit .25 per day 1 Non-Fiction Books 21 days No Limit .25 per day 1 Best Sellers 7 or 14 days No Limit .25 per day 1 Maqazines 7 days No Limit .25 per day 1 Pamphlets 7 days No Limit .25 per day 1 Feature Length 7 days 5 $1.00 per day fine 1 DVDs (60 min+) Educational /DVDs 7 days 5 .25 per day 1 Children's DVDs 7 days 5 .25 per day 1 (under 60 min.) Compact Discs 7 days 5 .25 per day 1 J Kits 21 days No Limit .25 per day 1 Books on Compact 21 days No Limit .25 per day 1 Disc J Holiday books 7 days varies by .25 per day o during Holiday Holiday MP3 Players 21 days 1 $1.00 per day fine 1 No limit until a maximum of 30 items is reached. A total of 30 items per card. ** Overdue fines threshold is $5.00. *** Renewals are allowed when materials are not on reserve for another patron. * COLLEYVILLE PUBLIC LIBRARY MATERIALS REPLACEMENT AND PROCESSING FEES ITEM COST PROCESSING FEE* Library Card $2.00 $0.00 Book Cost of item $5.00 Trade paperback book Cost of item $5.00 Paperback book Cost of item $5.00 Magazine Cost of item $2.00 Compact Disc Cost of item $5.00 Lost Insert Cost of item $1.00 Book on CD Cost of item $5.00 Lost/damaqed CD Cost of sinqle CD $1.00 DVD Current cost of $5.00 item Audio-visual material containers Current cost of $5.00 item Bar Codes/RFID tags $1.00 $0.00 MP3 Player and/or accessories Cost of items $5.00 *If a replacement is purchased by the patron, the processing cost is $10.00 ORDINANCE 0-06-1591 AN ORDINANCE AMENDING ORDINANCE 0-92-880, WHICH SETS FEES AND CHARGES FOR CITY SERVICES AND SECTIONS OF THE CITY OF COLLEYVILLE CODE OF ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Colleyville charges fees for miscellaneous services and materials as authorized by Ordinance 0-92-880 and it is desirous to update and add to those fees; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 (b) of the City of Colleyville Code of Ordinances shall be revised with the following deletions: Annual pet registration Amimallmpound Fee (first impounding) $ 4.00 $30.00 THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 (h) of the City of Colleyville Code of Ordinances shall be revised with the following revisions: Park pavillion rental per hour (Colleyville residents) Park pavillion rental per hour (non-Colleyville residents) $10.00 $15.00 THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 U) of the City of Colleyville Code of Ordinances shall be revised with the following revisions as shown on Attachment 1 - "Colleyville Center Fee Schedule Local Business - Exhibit "A", Attachment 2 - "Colleyville Center Fee Schedule Local Non-Profit Organization - Exhibit "B", Attachment 3 - "Colleyville Center Fee Schedule Resident Social - Exhibit "C", Attachment 4 - "Colleyville Center Fee Schedule Standard Rate - Exhibit "D" Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance 0-06-1591 Page 2 of 3 THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 0) of the City of Colleyville Code of Ordinances shall be revised with the following deletions in all fee structure areas: Colleyville Center administrative fee structure: Coffee (110 cup coffe pot, mugs and supplies) Water (ice, pitchers, and glasses provided)per 20 glasses Laptop computer for projector (per hour) (inclusive with all projector) $40.00 $ 5.00 $25.00 THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 0) of the City of Colleyville Code of Ordinances shall be revised with the following revisions in all fee structure areas: All references to Community Center be changed to Colleyville Center Damage deposits: Entire building Coffee (55 cup coffe pot, mugs and supplies) Resident Kitchen Usage (per person / $300.00 maximum) Non-Profit Kitchen Usage (per person / $300.00 maximum) $500.00 $ 30.00 $ 1.00 $ 1.00 THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 (k) of the City of Colleyville Code of Ordinances shall be revised with the following revisions as shown on Attachment 5 - "Colleyville Public Library Circulating Materials Restrictions" THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 (k) of the City of Colleyville Code of Ordinances shall be revised with the following revisions as shown on Attachment 6 - "Colleyville Public Library Materials Replacement and Processing Fees" THAT the effective date of this ordinance shall be October 1, 2006. AND IT IS SO ORDERED. day of The first reading and public hearing being conducted on the 2006 day of The second reading and public hearing being conducted on the 2006 ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Ordinance 0-06-1591 Page 3 of 3 CITY OF COLLEYVILLE David Kelly Mayor Attachment 1 Exhibit A - Colleyville Center Fee Schedule Local Business * MEETING ROOMS Weekday Mon. - Fri. (1 pm) Weekend Fri. (1 pm) - Sun. West $ 25 $ 10 $ 40 $ 20 East $ 25 $ 10 $ 40 $ 20 Combined $ 45 $ 15 $ 70 $ 30 Weekday Weekend l PARLOR Mon. - Fri. (1 pm) Fri. (1 pm) - Sun. I I $ 25 $ 10 $ 40 $ 20 ASSEMBLY HALL Weekday Mon. - Fri. (1 pm) Weekend Fri. (4 pm) - Sun. Kitchen $ 110 $ 30 $ 170 $ -l 50 Stage $ 90 $ 25 $ 170 $ 50 Entire Hall $ 170 $ 45 $ 250 $ 70 ENTIRE BUILDING $ 790 8 Hours $ 100 extra hr Saturday (after 4p.m.) $ 890 8 Hours $ 100 extra hr * A business owner, whose business lies within the corporate limits of the City of Colleyville, for social and for profit functions. Attachment 2 Exhibit B - Colleyville Center Fee Schedule Local - Non-Profit Organization* Weekday Weekday Evening MEETING ROOMS Mon. - Fri. (1 pm) Mon - Thursday Weekend Fri. (1 pm) - Sun. West $ 10 $ 4 $35 $5 $ 40 $ 15 East $ 10 $ 4 $35 $5 $ 40 $ 15 Combined $ 18 $ 6 $40 $10 $ 65 $ 25 Weekday Weekend PARLOR Mon. - Fri. (1 pm) Fri. (1 pm) - Sun. $ 10 $ 4 $ 40 $ 15 ASSEMBLY HALL (4 hour minimum required) Weekday Mon. - Fri. (1 pm) Weekend Fri. (1 pm) - Sun. Kitchen Access - 330 standing $ 44 $ 12 $ 150 $ 40 Stage Access - 204 standing $ 36 $ 10 $ 150 $ 40 Entire Hall $ 68 $ 18 $ 230 $ 60 ENTIRE BUILDING Weekday $ 260 8 Hours $ 30 extra hr Weekend $ 720 8 Hours $ 80 extra hr Saturday (after 4.pm.) $ 820 8 Hours $ 80 extra hr. * A Colleyville civic club, organization or association that has a valid non-profit organization Texas state charter, which is in good standing, Exhibit C - Colleyville Center Fee Schedule Resident Social * MEETING ROOMS Weekday Mon. - Fri. (1 pm) Attachment 3 Weekend Fri. (1 pm) - Sun. West $ 22 $ 9 $ 40 $ 15 East $ 22 $ 9 $ 40 $ 15 Combined $ 40 $ 13 $ 65 $ 25 Weekday Weekend PARLOR Mon. - Fri. (1 pm) Fri. (1 pm) - Sun. $ 22 $ ASSEMBLY HALL Weekday Mon. - Fri. (1 pm) (4 hour minimum required) 9 $ 40 $ 15 Weekend Fri. (1 pm) - Sun. Kitchen Access - $ 99 $ 27 $ 150 $ 40 Stage Access - $ 81 $ 22 $ 150 $ 40 Entire Hall $ 153 $ 40 $ 230 $ 60 ENTIRE BUILDING $ 720 8 Hours $ 80 extra hr Saturday (after 4p.m.) $ 820 8 Hours $ 80 extra hr * A resident within the corporate limits of the City of Colleyville. Attachment 4 Exhibit D - Colleyville Center Fee Schedule Standard Rate * MEETING ROOMS Weekday Mon. - Fri. (1 pm) Weekend Fri. (1 pm) - Sun. West $ 30 $ 12 $ 50 $ 25 East $ 30 $ 12 $ 50 $ 25 Combined $ 54 $ 18 $ 90 $ 35 Weekday Weekend PARLOR Mon. - Fri. (1 pm) Fri. (1 pm) - Sun. $ 30 $ 12 $ 50 $ 20 ASSEMBLY HALL (4 hour minimum required) Weekday Mon. - Fri. (1 pm) Weekend Fri. (1 pm) - Sun. Kitchen Access - 330 standing $ 132 $ 36 $ 210 $ 50 Stage Access - 204 standing $ 108 $ 30 $ 210 $ 50 Entire Hall $ 204 $ 54 $ 310 $ 80 ENTIRE BUILDING $ 950 8 Hours $ 120 extra hr Saturday (after 4 p.m.) $ 1, 150 8 Hours $ 120 extra hr * A resident or business, outside of the corporate limits of the City of Colleyville. Attachment 5 COLLEYVILLE PUBLIC LIBRARY MATERIALS LOAN PERIOD L1MITS* FEES/FINES** RENEWAL L1MITS*** Fiction Books 21 days No Limit .25 per day 1 Non-Fiction Books 21 davs No Limit .25 per day 1 Best Sellers 7 or 14 days No Limit .25 per day 1 Maaazines 7 days No Limit .25 per dav 1 Pamohlets 7 davs No Limit .25 per day 1 Feature Length 7 days 5 $1.00 per day fine 1 DVDs (60 min+) EducationallDVDs 7 days 5 .25 per day 1 Children's DVDs 7 days 5 .25 per day 1 (under 60 min.) Comoact Discs 7 davs 5 .25 per day 1 J Kits 21 days No Limit .25 per day 1 Books on Compact 21 days No Limit .25 per day 1 Disc J Holiday books 7 days varies by .25 per day o during Holiday Holiday MP3 Players 21 days 1 $1.00 per day fine 1 * No limit until a maximum of 30 items is reached. A total of 30 items per card. ** Overdue fines threshold is $5.00. *** Renewals are allowed when materials are not on reserve for another patron. Attachment 6 COLLEYVILLE PUBLIC LIBRARY ITEM COST PROCESSING FEE* Library Card $2.00 $0.00 Book Cost of item $5.00 Trade paperback book Cost of item $5.00 Paperback book Cost of item $5.00 Magazine Cost of item $2.00 Compact Disc Cost of item $5.00 Lost Insert Cost of item $1.00 Book on CD Cost of item $5.00 Lost/damaged CD Cost of sinole CD $1.00 DVD Current cost of $5.00 item Audio-visual material containers Current cost of $5.00 item Bar Codes/RFID tags $1.00 $0.00 MP3 Player and/or accessories Cost of items $5.00 *If a replacement is purchased by the patron, the processing cost is $10.00 ~1 ~e T(:S;;:' City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: 0-06-1592 File Number: 0-06-1592 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 09/05/2006 Controlling Body: City Council Requester: Finance Department Agenda No.: 6e Final Action: File Name: Adoption of the Colleyville Economic Development Corporation Fiscal Year 2006-2007 Budget Attachments: FY 2007 Budget summary,pdf. Ordinance 06-1592,pdf History of Legislative File Version: Date: Acting Body: Action Text: 09/05/2006 City Council Title Adoption of the Colleyville Economic Development Corporation Fiscal Year 2006-2007 Budget Explanation First Reading and Public Hearing Per the Corporate by-laws, the Board of Directors must adopt an annual budget for the Colleyville Economic Development Corporation (CEDC). This budget must also be approved and adopted by The City Council. On August 22, 2006, the CEDC Board adopted the Fiscal Year 2006-2007 budget proposed in Ordinance 0-06-1592. This budget contains FY 2007 expenditures in the Economic Development Capital Improvement Program FY 2007 - FY 2011 adopted by the Board. Attached is the Board approved budget with estimated revenues and expenditures for Fiscal Year 2007. The revenue estimate is 1/2 of the sales tax revenue estimate in the City's proposed FY 2007 budget. Expenditures include the following: · ADA improvements at the Nature Center ($5,000 is a carry forward from the FY 2006 budget for signage) . ADA improvements at Sparger Park ($125,000) · City Park field maintenance entry improvements ($11,500) · City Park Kidsville renovations ($10,000), citywide playground safety signs ($6,000) · Citywide picnic table replacement ($6,000) · McPherson Park Phase I construction ($238,000 is a carry forward from the FY 2006 budget) · City Park Road extension ($20,000 is a carry forward for the FY 2006 budget for landscaping and fencing) · Moving lights to the Pleasant Run soccer complex ($35,000) City of Colleyville Page 1 Printed on 8/31/2006 Agenda Briefing Continued (0-06-1592) . Senior Citizens Center open space and trail development ($168,000) . City-wide irrigation monitoring system ($135,000) . Trail construction ($100,000) . Debt service on the 2005 sales tax refunding bonds ($646,366) . Marketing ($80,000) . Board, audit and insurance expense ($5,000) The budget also utilizes $806,393 in available cash balance, with the projected ending Fiscal Year 2006 Fund Balance being $1,202,265. Financial Impact Adoption of the budget will provide expense appropriation for the CEDC's FY 2007 budget. Recommendation Approval City of Colleyville Page 2 Printed on 8/31/2006 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION FY 2007 BUDGET SUMMARY FY 2006 FY 2007 ANTICIPATED PROPOSED BEGINNING FUND BALANCE $ 1,270,587 $ 1,202,266 REVENUES: SALES TAX REVENUES $ 1,072,909 $ 1,105,096 INTEREST INCOME $ 38,118 $ 54,102 USE OF AVAILABLE CASH $ 325,494 $ 806,393 TOTAL REVENUES $ 1,436,521 $ 1,965,591 LESS EXPENSES: ADMINISTRATIVE EXPENSES $ 5,000 $ 5,000 MARKETING $ 80,000 $ 80,000 DEBT SERVICE $ 642,928 $ 646,366 CAPITAL PROJECTS: ADA IMPROVEMENTS - NATURE CENTER $ 69,293 $ 5,000 ADA IMPROVEMENTS-SPARGER PARK $ $ 125,000 CITY PARK FIELD MAINTENANCE ENTRY IMPROVEMENTS $ $ 11,500 CITY PARK KIDSVILLE RENOVATIONS $ $ 10,000 CITYWIDE PLAYGROUND SAFETY SIGNS $ $ 6,000 CITYWIDE PICNIC TABLE REPLACEMENT $ $ 6,000 MC PHERSON PARK PHASE I CONSTRUCTION $ $ 238,000 CITY PARK ROAD EXTENSION $ 63,121 $ 20,000 PLEASANT RUN PRACTICE FIELD PARKING LOT $ 39,006 $ PLEASANT RUN - MOVING LIGHTS $ $ 35,000 SENIOR CENTER OPEN AREA AND TRAIL DEVELOPMENT $ $ 168,000 SENIOR CENTER FF&E RENOVATIONS $ 150,000 $ CITYWIDE IRRIGATION MONITORING SYSTEM $ 50,000 $ 135,000 TRAIL CONSTRUCTION $ 80,000 $ 100,000 TOTAL EXPENSES $ 1,179,348 $ 1,590,866 EXCESS REVENUES OVER EXPENSES $ 257,173 $ 374,725 NOTE: A COVERAGE RATIO OF 1.41S REQUIRED TO MEET THE SALES TAX BOND COVENANTS. FOR FY 2007 REVENUES MUST EXCEED EXPENDITURES BY AT LEAST $258,546. ORDINANCE 0-06-1592 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, APPROVING AND ADOPTING THE ANNUAL BUDGET FOR THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007; A COpy OF SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY WHEREAS, the by-laws ofthe Colleyville Economic Development Corporation require the Board of Directors of the Corporation to adopt a budget of proposed revenues and expenditures and the budget must be formally approved by the City Council; and WHEREAS, on August 22, 2006, the Board of Directors of the Colleyville Economic Development Corporation approved the following budget for expected revenues and expenditures; and WHEREAS, the Colleyville Economic Development Corporation Board of Directors and the City Council has determined that the projects, included in the annual budget for the fiscal year beginning October 1, 2006 through September 30, 2007, further the objectives of the purpose of the Colleyville Economic Development Corporation, as established by the electorate of the City and the provisions of state statute. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the budget of the proposed revenues and expenditures for the fiscal year beginning October 1,2006, and ending September 30, 2007, for the Colleyville Economic Development Corporation, a copy of which is on file in the office of the City Secretary, is hereby made a part of this ordinance by reference and is hereby approved and adopted by the City Council of the City of Colleyville, Texas, as the official budget for the fiscal year beginning October 1,2006, and ending September 30,2007. Sec. 2. THAT the revenue and expenditure amounts for the Fiscal Year 2007 budget for the Colleyville Economic Development Corporation are hereby fixed as follows: Revenues Expenditures $ 1 ,965,591 $ 1 ,590,868 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: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney Ordinance 0-06-1592 Page 2 of 2 CITY OF COLLEYVILLE David Kelly Mayor eP~' m.. ." i.J . e 'r(..",-;-': City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: 0-06-1593 File Number: 0-06-1593 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 09/05/2006 Controlling Body: City Council Requester: Finance Department Agenda No.: 6f Final Action: File Name: Approval to amend Section 3 of Ordinance 0-05-1540 of the Fiscal Year 2005-2006 General Fund Budget authorizng the expenditure of $114,612 to purchase Fire Department capital equipment and the transfer of $1 ,080,000 for sales tax incentive agreements Attachments: Resolution R-05-2541,pdf. Ordinance 0-06-1593,pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 09/05/2006 City Council Title Approval to amend Section 3 of Ordinance 0-05-1540 of the Fiscal Year 2005-2006 General Fund Budget authorizng the expenditure of $114,612 to purchase Fire Department capital equipment and the transfer of $1 ,080,000 for sales tax incentive agreements Explanation At FY 2006-2007 Budget worksession on August 3, 2006, Council authorized the City Manager to proceed with the acquisition of three cardiac monitors with waveform capnography ($79,612) and a replacement vehicle for the 1999 Ford Explorer in the Fire Department ($35,000). These purchases would be funded from greater than anticipated sales tax revenues and development revenues. As discussed during the worksession, there would be a need for a General Fund budget amendment before the end of FY 2006 for these items, and for the funding of the three economic development sales tax incentive agreements approved by the City Council in attached Resolution R-05-2541 on May 3, 2005, As noted in the City Manager's FY 2006-2007 Budget Message, "A special fund has been established for the net present value of the combined incentive agreements with funding being provided by the allocation of $1,080,000 from excess cash balance of the General Fund, as previously discussed with the Council". The attached Ordinance 0-06-1593 provides for a transfer of the $1,080,000 to a separate fund (Sales Tax Incentive Agreement Fund) and that the annual payments for the agreements be expended from this fund. Financial Impact The proposed budget amendment is funded from greater than anticipated sales tax and development revenues ($114,612) and excess cash balance of the General Fund ($1,080,000). Recommendation Approval City of Colleyville Page 1 Printed on 8/31/2006 RESOLUTION R-05-2541 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, APPROVING THREE RETAIL DEVELOPMENT AGREEMENTS BY AND BETWEEN THE CITY OF COLLEYVILLE, TEXAS, AND MELVIN & MARTINDALE II, LTD.; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE WHEREAS, the City is authorized by Chapter 380 of the Texas Local Government Code to provide economic development incentives to support the expansion of local business activity, employment and development; and ; i i WHEREAS, the City has approved a policy on local economic development and ! business incentives pursuant to Chapter 380 of the Texas Local Government Code (the "Policy"); and WHEREAS, Melvin & Martindale II, Ltd., a Texas Limited Partnership authorized to do business in the State of Texas ("M&M"), has applied for the Incentives in accordance with the Policy (the "Policy") as shown on the attached Exhibit "A", which exhibit is incorporated herein by reference (the "Application"); and WHEREAS, the City desires to enter into Retail Development Agreements (the "Agreements") with M&M to provide for incentives to promote economic development in accordance with the Application, which Agreement is shown on the attached Exhibits "B", "C", and "D", which exhibits are incorporated herein by reference; and WHEREAS, the Economic Development Manager has reviewed the Application and Agreements and has determined that both are in conformance with the Policy with the exception of item 2. o. in Exhibits "8", "c" and "D"; and WHEREAS, the Agreement and the incentives provided for therein are authorized by, and in accordance with, the Policy and Chapter 380 of the Texas Local Government Code; and WHEREAS, the enhancement of the local economy is in the best interest of citizens of the City; and WHEREAS, the economic development incentives provided in the Agreement encourage businesses and companies to locate or expand operations in the City and will enhance the local economy of the City, and as such, are in the best interests of the public. Resolution R-05-2541 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. THAT all matters set forth hereinabove are found to be true and correct, are incorporated herein by reference, and are adopted by the City. THAT the City hereby approves the Agreements. THAT it is hereby declared to be the intention of the City, that sections, paragraphs, clauses, and phrases of this Resolution are severable, and if any phrase, clause, sentence or section of this Resolution shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Resolution since the same would have been enacted by the City without the incorporation in this Resolution of any such unconstitutional or illegal phrase, clause, sentence, paragraph or section. THAT this Resolution shall be in full force and effect from and after the date of its passage. APPROVED ON THIS THE J~ DAY Yh ~ 2005, BY A VOTE OF 5 AYES, 0 NAYS AND D ABSTENTIONS. ATTEST: 0/1 Cynthia Singleton City Secretary EXHIBIT IIA" EXHIBIT KA- CITY OF COLLEYVILLE POLICY STATEMENT FOR DEVELOPMENT INCENTIVES GENERALPURPOSEANDOBUEC~ES The City of Colleyville Economic Development Department is charged with expanding the City's taxable base. In keeping with this overaD mission, the City has implemented a three point strategy in order to accomplish this important revenue generating task: · To identify and assist ratal developers to commit, invest and build new high quality sales tax generating projects in Colleyville; · To assist landowners in the sale and development of potential retal, office and hotel sites to their highest and best use; and · To recruit new, and retain existing, Colleyville retailers, restaurants and other sales tax generating businesses compatible with Colleyville's available land, land use plan and demographics. To achieve this goal, the City wishes to enhance its economic development efforts by developing an incentive policy to promote retention and expansion of existing industry and to attract new retail businesses. Within the context of these goals, the City of Colleyville will give consideration to providing reasonable Incentives as a stimulus for new development and redevelopment on a cas.by..case basis. Nothing herein implies or suggests that the City of Colleyville is under any obligation to provide any incentive to any applicant. ENABLING LEGISLATION TO PROVIDE INCENTIVES According to the Property Redevelopment and Tax Abatement Ad. 5 312.204 of the Texas Tax Code, the governing body of a municipality eligible to enter into tax abatement agreements under SectIon 312.002 may agree in writing with the owner of taxable real property that is located in a reinvestment zone, but that is not In an improvement project financed by tax increment bonds, to exempt from taxation a portion of the value of the real property or of tangible personal property located on the real property, or both, for a period not to exceed 10 years, subject to the rights of holders of outstanding bonds of the municipality, on the condition that the owner of the property make specJftc improvements or repairs to the property. Under 5 380.002 (b) of the Texas Local Government Code, a home-rule municipality may, under a contract with a development corporation created by the municipality under the Development Corporation Act of 1979 (Article 5190.8, Vernon's Texas CIvH Statutes), grant public money to the corporation. The development corporation shal use the grant money for the development and diversification of the economy of the state, elimination of unemployment or underemployment in the state, and development and expansion of commerce in the state. The funds granted by the municipality under this section shan be derived from any source lawfully avalable to the municipality under its charter or other law, other than from the proceeds of bonds or other obligations of the municipality payable from ad valorem taxes. Under S 378.004 of the Texas Local Govemment Code a municipality may create a neighborhood empowerment zone covering a part of the municipality if the municipality determines the creation of the zone would promote an increase in economic development in the zone. In addition to other powers that a municipality may exercise, a municipality may: (1) Waive or adopt fees related to the construction of buildings in the zone, including fees related to the inspection of buildings and impact fees; (2) Enter into agreements, for a period of not more than 10 years, for the purpose of benefiting the zone, for refunds of municipal sales tax on sa~ made in the zone; (3) Enter into agreements abating municipal property taxes on property in the zone subject to the duration linits of Section 312.204, Tax Code; and (4) Set baseline performance standards, such as the Energy Star Program as developed by the Department of Energy, to encourage the use of altemative building materials that address concems relating to the environment or to the building costs, maintenance, or energy consumption. NON TAX INCENTIVES The City of Colleyville may elect to reduce development fees or other fees or to participate in Infrastructure costa of a development. The permitting and inspection process of all approved developments and expansions will be expedited for all businesses. REVIEW CRITERIA Any consideration for incentives shall be reviewed by the Colleyville City Council. The review process is considered on the 'Value Added- elements of the project. A sales tax rebate applies only to new construction adivities, whether a new facility or expansion of an existing building. VALUE OF NEW CONSTRUCTION INCENTIVES The SUbjective criteria for applicants' project ouUined under Review Criteria will be used by the City Council in determining whether or not it is In the best interest of the City to recommend that a safes tax rebate be offered to a particular applicant planning to construct a new facility. Specific considerations will Include the degree to which the individual project furthers the goals and objectives of community. as well as the relative Impact of the project. After it has been determined that a sales tax rebate be offered, the approximate value of that incentive can be calculated from the following table. However, this table should only be used as a guide for incentives, since each project is evaluated individually. . , Value of Project Term of Rebate $50,000,000 $35,000,000 - .... ... . $20,000,000 $10,000,000 $ 5,000,000 10 years 9 years 7 years 5 years 3 years % of Rebate 50% 50% 50" 50" 30% EXPANSION OR REDEVELOPMENT OF EXISTING FACIUTIES A sales tax rebate will only be considered for the increase in valuation above the existing valuation of that property. This reduction wiiI be a maximum of ten years. The amount and terma to be determined by factors such as: costs to the City, project's increased valuation to the tax base, new jobs and business expansion to the City as a resul of the proposed project. Minimum standards proposed for an expansion project are: · Expansion or modernization increases the valuation of existing facility by a minimum of 30", . 5-Year lease, and not occupied by the owner. . Compliance with all applicable zoning requirements. REINVESTMENT ON STATE HIGHWAY 28 For expansion or modemization of existing sites or facilities on Highway 26 CoIleyville Blvd., a sales tax rebate wiD be considered only for the increase in collection resulting from the reinvestment, and for a maximum of 5 years. Special consideration may be given to those sites or facilities impacted by the reconstruction of State Highway 26 Colleyville Blvd. The amount and terms of the reduction win be determined on a Mcase by case- basis, considering factors such as age of the facility or site. the value of the reinvestment as a percentage of the previous year's assessed value, and the potential impact of the reinvestment project on the surrounding neighborhood. RESTAURANT I RETAIL I OFFICE INCENTIVES Colleyville specifically targets sit-down restaurants, certain retailers and office campus projects. As an incentive for new investment, a refund of a portion of the added sales and liquor tax may be considered. Incentives are designed to stimulate the development of restaurants and offices in accordance with the following prescribed design and size: . Minimum of 5,000 square feet of floor space; . No drive-thru windows or service; . Maximum Incentive length of five years; . Maximum sales tax rebate of 30 percent; . Must meet all zoning and other City requirements. RECAPTURE In the event a business receiving incentives from the City of Colleyville fails to perform under the agreement executed between the City and the business, the incentive obligation on the part of the City will be void. Any incentive paid to the business up to the point of failure shall be returned to the City of Colleyville in full. APPLICATION STEPS The applicant should present a formal request for incentives to include the following: . Cover letter and executive summary describing the project and the request; . Plat showing the precise location of the property, all roadways within 500 feet of the site and all existing zoning and uses within 500 feet of the site; . A complete legal description of the property; . A financial analysis detailing best-case, worst case and probable case scenarios. MELVIN A MARTINDALE fit LTD. Tel: (970) 387.1000 13642 Omega, Dal1as9 Texas 75244 Fax: (972) 385-8747 April 29, 2005 City of Colleyville Economic Development Manager 100 Main Street Colleyville, Texas 76034 Re: Application for Economic Development Incentives Dear Mr. Welmaker: This letter constitutes an application for fmancial incentives from the City of Colleyville. In support of this application, we are furnishing the following infonnation and supporting documentation: I. The property owner: Melvin & Martindale, Ltd., a Texas limited partnership ("M&M") 2. The owner's mailing address: 13642 Omega, Dallas9 Texas 75244 3. The owner9s telephone number: (972) 387.1000 4. The owner's representative: Charles M. Hodges 5. Representative's email address:chodges@hodgesusa.com 6. Representative9s mailing address: 13642 Omega, Dall~ Texas 75244 7. Property Address: 5701 Colleyville Blvd Colleyville, Texas 76034 8. Property Legal Description: Approximately 11.8 acres9 Town Center Colleyville (See metes and bounds description attached hereto) 9. Located in Grapevine-Colleyville ISO 10. Description of Project: approximately 70,000 square feet of retail, entertainment, restaurant and/or office space that is heated, ventilated and air conditioned as set forth on the Site Plan attached hereto II. Date projected for Project occupationfmitiation of operations: December 1, 2006 I 12. Response to criteria in Section 2 of the City of Colleyville Economic Development Incentive Policy: Employment Ill\P8Ct . Employ up to 10 full time and 5 part time positions Fisca1lnpct . Total real and personal property value to be added to the tax rolls. a The existing properties in Phase I me valued by TAD at an average of S74 per square foot for real property and S53 per square foot for personal property. Phase II is expected to add 95,500 square feet. . Real property value 959500 square feet @ 574 = S7 ,067,000 . BPP 95,5oo@S53 = $5,061,500 . Anticipated direct sales tax generated at one percent (1 %) of taxable sales; a Over the ten y<w term of the agreement, the sales tax estimated to be generated by Phase II will be SI,746,14O . Other revenues generated for the city: franchise payments, occupancy taxes, utility reven~ etc; a Based on 95,500 square feet of new construction at a cost of $75 per square foot, approximately S143,750 in impact, permit9 tap9 parkland and plan review fees would be generated. . City infrastructure construction required; a No City participation in infrastructure construction is requested for Phase II . Projected total annual operating budget of the facility. a The annual operating budget of the projected facilities should not impact the decision to provide incentives to these two anchor tenants. Community Inpct . The expected effect the project have on the local housing market; a The project is not expected to have any direct impact on the Colleyville housing market. . The expected environmental jmpac~ if any, created by the project; a The project is not expected to generate any negative environmental impact. . The compatibility of the project with the City's comprehensive plan. a The project is compatible with the City's comprehensive plan. Competitive Impact . The effect the project would have on existing businesses in Colleyville; a The project is expected to generate significant additional retail traffic to Colleyville resulting in a positive impact on existing CoUeyville businesses. . A list of the types of products or services to be sold by the applicant which are currently sold by existing Colleyville merchants; 2 o While a limited selection of books are available at grocery and drug stores in Colleyville, the competitive impact on these businesses of a full service bookstore is expected to be negligible~ o There is currently no direct competitor to a motion picture theater in Colleyville. . A list of specific businesses seen as direct competitors to the applicant. o There are no direct competitors to these to anchor tenants in Colleyville. We propose that the requested incentives be established pursuant to three agreements in the forms attached hereto, viz., M&M Retail Development Agreement, Tenant B Retail Development Agreement and Tenant C Retail Development Agreement. We appreciate your consideration of this application. Please advise if further information is needed. MELVIN & MARTINDALE n, L m. By: R. M. 3 R"FDR'VE ~ ....... ...... I I EXHIBIT "B- RETAIL DEVELOPMENT AGREEMENT ~ ;).CO~ I } This Agreement '(the "Agreement") is entered into as of the J~tL~ y and between The City of Colleyville, Texas, a municipal corporation ( "City"), and Melvin & Martindale II, Ltd., a Texas Limited Partnership ("Tenant B,. RECITALS: WHEREAS Melvin & Martindale II, Ltd., a Texas Limited Partnership (ItM&M) owns approximately 11.8 acres of property as more particularly described in Exhibit "A'" (the ItColleyvil1e Town Center Parcel"') on which M&M plans to construct or cause to be constructed at least 70,000 square feet of retal, entertainment, restaurant and/or office space that is heated, ventilated and air conditioned as set forth on the Site Plan described in Exhibit itA- (or such other square footage that is the tax generating equivalent thereof based upon the "Fiscallm~ section of M&M Application for Economic Development Incentives dated ApriLl1, 2005) (herein collectively referred to as the ItRetail Space'; and WHEREAS, M&M has requested that the City authorize and pay certain cash incentives and grants as provided herein (collectively referred to as the "Incentives.) with respect to a portion of the Retail Space which is to be constructed for one of the tenants (hereinafter called -Tenant Bi, as hereinafter more particularly described; and WHEREAS, for the public purpose of promoting economic development and diversity, increasing employment. reducing unemployment and underemployment, expanding commerce and stimulating business and commercial activity in the State of Texas, Tarrant County and the City, the City desires to offer the Incentives and grants to Tenant B a8 more particularly described in this Agreement; and WHEREAS, M&M has applied for the 1ncentive8 in accordance with the City's Policy Statement for Development Incentives (the "Policy'; and WHEREAS, the Agreement and Incentives are authorized by, and in accordance with, the Policy and Chapter 380 of the Texas Local Government Code. NOW, THEREFORE, for and in consideration of the promises, covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, the City and M&M agree as follows: Project Subject to this Agreement M&M plans to construct or cause to be constructed, as a part of the overall Retail Space, an approximately 23,000 square foot facility for Tenant B (or such other square footage that is the tax- 1 generating equivalent thereof) that is heated, ventilated and air conditioned. substantially as set forth on the Site Plan described in Exhibit "A" (the -renant B Space', which may be modified from time to time 88 approved by the City. such approval not to be unreasonably withheld, and on the land that is described in Exhibit "A", which is attached hereto and incorporated herein for all purposes. 1. Grant to Tenant B. Subject to the terms and conditions of this Agreement, the City desires to grant to Tenant B the one percent (1%) sales tax paid to the CitYs General Fund for two years. To qualify for the Grant, Tenant B must: a. Obtain a certificate of occupancy for the Tenant B Space and be open to the public and begin taxable sales by December 1. 2008 (subject to delays in completion ~ construction of the Tenant B Space due to material shortages, weather, acts of God. labor disputes or other causes beyond the reasonable control of Tenant B or M&M); and b. Operate the Tenant B Space, or cause the Tenant B Space to be operated, for a period of no less than two continuous years (subject to Interruption due to damage or casualty. as hereinafter provided). c. The City shall have the right to terminate this Agreement if Tenant B fails to occupy the Tenant B Space by the deadline specified in Paragraph 1 (a), by giving written notice thereof to M&M and Tenant B at any time prior to such occupancy. If this Agreement is not terminated pursuant to the foregoing sentence, this Agreement may not be terminated after occupancy of the Tenant B Space for failure of Tenant B to meet any of the qualifications for the Tax Grant unless Tenant B fails to cause the failure to be cured within sixty days following receipt of written notice from the City of such failure, and provided that if the failure is due to damage or casualty to the Tenant B Space, Tenant B shall have up to eighteen (18) months following the damage or casualty to cause the Tenant B Space to be restored and reopened before the City shall have the right to terminate this Agreement, provided Tenant B causes restoration to be commenced within a reasonable time and completed with all due diligence. Notwithstanding anything in this Agreement to the contrary. the sole remedy of the City with respect to any failure of Tenant B to meet any conditions of the Grant shaH be termination of this Agreement in accordance with and subject to the foregoing. 2 d. Term of the Sales Tax Incentive Grant. Subject to the terms and conditions of this Agreement. the sales tax incentive Grant is avaHable for a period of two (2) years beginning on the date the Retail space receives a cettificate of occupancy, opens for business and begins taxable sales, provided that unless terminated in accordance with its express terms, this Agreement shall not end before the sales tax incentive Grant is fully paid with respect to twenty-four months during which sales operations are conducted in the Tenant B Space (the "Term"). e. Payment of Grant. The City will pay the sales tax incentive Grant to Tenant B on an annual basis beginning one year from the date of the first reported sale and continuing thereafter until the Term ends. If the qualifications for the Sales Tax Incentive are not met for part of any year, the payment shaH be based on the actual sales during the portion of the year during which the qualifICations were met. f. Calculation of Sales Tax Incentive Grant. The parties agree that the dollar amount of retail sales eligible for the Sales Tax Incentive payable to Tenant B will be derived from sales and sales tax information fumished by Tenant B and verified by the Comptroller's Office of the State of Texas or any successor agency charged with collecting such information and preparing such reports. g. Tenant B will provide to the City annually all documents necessary for the City to calculate the sales tax incentive Grant (the MAnnual Reports'. The Annual Reports must be filed with the City no later than thirty (30) days following the date in which the Annual Reports are filed with the Comptroller's Office of the State of Texas. h. Defaul. In the event Tenant B or the City fails to comply with any covenants or obligations of this Agreement (exclusive of satisfying the express conditions for the Grant, which is governed by Paragraph iCc) above), the non-failing party may pursue any remedy available at law or in equity; provided that neither party shall be In defaul unless and until such party falls to cure any failure within sixty days (30 days for money payments) following its receipt of written notice thereof from the other party. The prevailing party to any dispute arising out of the enforcement of this Agreement shaH be entitled to recover from the losing party reasonable attorney's fees, expenses and costs. 3 2. Miscellaneous. a. All construction will be in accordance with applicable codes, regulations and ordinances of the City. b. This Agreement may not be assigned by any party without the written consent of the other parties, such approval not to be unreasonably withheld; provided that M&M shaH have the right, without any consent being required, to assign this Agreement to Tenant B, and upon such assignment, M&M shall be released from all obligations thereafter accruing under this Agreement and Tenant B shall be substituted for M&M in the same manner as if this Agreement had been originally executed between the City and Tenant B. In the event of assignment, the assigning party shaH provide written notice of the assignee. including assignee's address and contad infonnation. c. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. d. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Tarrant County, Texas. e. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. f. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that aU appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto Is authorized to do so, and such authorization is valid and effective on the date hereof. g. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which Is forever confessed. 4 h. Any notice provided for under the terms of this Agreement by either party to the other shaH be in writing and may be effected by registered or certified mail. return receipt requested. Notice to the City shaH be sufficient if made or addressed to City Manager. 100 Main Street Colleyville. Texas 78034. with a copy to the City Attorney. Matthew C. G. Boyle. Boyle & Lowry. L.L.P..4201 Wlngren. Suite 108. Irving. Texas 75062. Notice to Tenant B shall be sufficient if made or addressed t013642 Omega. Dallas. Texas 75244. Attn: Charles M. Hodges. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other parties in accordance with the provisions of this Agreement. i. This Agreement may be executed in a number of identical counterparts. each of which shall be deemed an original for all purposes. j. In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid. illegal or unenforceable in any respect, such invalidity. illegality or unenforceability shaH not affect any other provision thereof. and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. k. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. I. Time is of the essence in this Agreement. m. The parties agree this Agreement has been drafted jointly by the parties and their legal representatives. n. each party agrees to deliver estoppel certificates regarding the status of this Agreement from time to time upon written request of the other party. o. Notwithstanding the Policy provisions, there will be no recapture right on the part of the City with respect to any incentive payments made prior to any default or failure of Tenant B hereunder. whether or not this Agreement is tenninated. 5 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. CITY OF COLLEYVILLE MELVIN & MARTINDALE II,LTD., a Texas limited partnership By: R. M. Farrell, Inc., its general partner Approved: ~~ City Attorney CllY COUNCIL APPROVED MAY 3 2005 CORPORATE ACKNOWLEDGMENT: The State of Teua CODty of r4J.lU.JA1xJ ign~~:,~naIIY a - of proved to me through the presentation of a valid Texas Driver's License to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that helshe executed the same for the purposes and consideration therein expressed. Mr.IMs. t=Aililt;; iL re attested that belshe is signing this llUbr;~ hislher capacity as Ptdit061111 of . M . "" and that such capacity makes his signature valid to bind the company . . Seal: On GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ~ 51:1....daYOf ~ .2005. My Commission Expires: . -.~......~ ...,. ,.. n ........ ._ 200t Notary Pubbc In 6 bJl8J!f\&\~ EXHIBIT "CM - RETAIL DEVELOPMENT AGREEMENT ~ ~ .}t?lJ) This AgIeemenl (the "AgI'llelTl8flf') is entered into 88 of lhe .;);:,tj.J~ by and between The City of Colleyville, Texas, a municipal corporation (the "Cityj and Melvin & Martindale II, ltd., a Texas Limited Partnership rM&M,. RECITALS: WHEREAS M&M owns approximately 11.8 acres of property as more particularly described in Exhibit "A" (the .CoIleyville Town Center Parcel") on which M&M plans to construct or cause to be constructed at least 70,000 square feet of retail, entertainment, restaurant and/or office space that is heated, ventilated and air conditioned as set forth on the Site Plan described In Exhibit "AM (or such other square footage that is the tax generating equivalent thereof based upon the "Flscallm~cr section of M&M Application for Economic Development Incentives dated Aprilli, 2005) (herein collectively referred to as the "Retail Space'; and WHEREAS, M&M has requested that the City authorize and pay certain cash incentives and grants 88 provided herein (collectively referred to as the "Incentives' with respect to a portion of the Retail Space which is to be constructed for one of the Retail Space tenants (hereinafter called "Tenant C.), as hereinafter more particularty described; and WHEREAS, for the public purpose of promoting economic development and diversity, increasing employment, reducing unemployment and underemployment, expanding commerce and stimulating business and commercial activity in the State of Texas, Tarrant County and the City, the City desires to offer the incentives and grants to M&M as more particularty described in this Agreement; and WHEREAS, M&M has applied for the Incentives In accordance with the City's Policy Statement for Development Incentives (the .PoIicy"); and WHEREAS, the Agreement and Incentives are authorized by, and in accordance with, the Policy and Chapter 380 of the Texas local Government Code. NOW, THEREFORE, for and in consideration of the promises, covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, the City and M&M agree as follows: Project Subject to thla Agreement M&M plans to construct, or cause to be constructed. as a part of the overall Retail Space, an approximately 25,000 square foot facility for Tenant C (or such other square footage that is the tax- generating equivalent thereof) that is heated, ventilated and air conditioned, I substantiaHy 88 set forth on the Site Plan described in Exhibit "A" (the "Tenant C Space', which may be modified from time to time as approved by the City, such approval not to be unreasonably withheld or delayed, and on the land that is described in Exhibit "AW, attached hereto and incorporated herein for aU purposes. 1. O...nt to Tenant C. For the aforesaid public purposes, the City desires to grant to Tenant C $62,500 per year for ten years, for a total grant amount of $625,000 (the -Grantj. To qualify for the Grant. Tenant C must meet the conditions set forth in the following subparagraphs (8) - (d): a. Obtain a certificate of occupancy for the Tenant C Space and be open to the public and begin taxable sales on or about December 1, 2006 (subject to delays in completion of construction of the Tenant C Space due to material shortages, weather, acts of God, labor disputes or other causes beyond the reasonable control of Tenant C or M&M); and b. Operate the Tenant C Space for a period of no less than the full term of this Agreement (subject to interruption due to damage or casualty, as hereinafter provided); and c. Cause the Tenant C Space to include a full-service beverage and restaurant facility serving a limited menu of entrees and desserts; and d. Hold at least two festivals annually, including a live music venue, subject to City promotional funding. e. The City will have the right to terminate this Agreement if the Tenant C Space is not completed in accordance with the requirements of Paragraphs 1(aHc) by the deadline specified in Paragraph 1 (a), by giving written notice thereof to Tenant C at any time prior to such completion. If this Agreement is not terminated pursuant to the foregoing sentence, this Agreement may not be terminated after completion of the Tenant C Space for failure of Tenant C to meet any of the qualifications for the Grant unless Tenant C fails to cause the faHure to be cured within sixty days following receipt of written notice from the City of such failure; provided that if the faHure is due to cessation of operations by the operator of the retal space, the City may only terminate this Agreement if the Tenant C Space Is not reopened within twelve (12) months, by giving written notice thereof to Tenant C at any time prior to reopening; and further provided that if the failure is due to damage or casualty to the retail space, Tenant C shall have up to eighteen (18) months 2 following the damage or casualty to cause the Tenant C Space to be restored and reopened before the City shall have the right to tenninate this Agreement, provided Tenant C causes restoration to be commenced within a reasonable time and completed with all due diligence. Notwithstanding anything in this Agreement to the contrary, the sole remedy of the City with respect to any failure of Tenant C to meet any conditions of the Grant shall be termination of this Agreement in accordance with and subject to the foregoing. f. Tenn of Grant. Subject to the terms and conditions of this Agreement, the Grant is available for a period of ten (10) years beginning on the date the Tenant C Space opens for business, provided that unless earlier terminated in accordance with its express tenns, this Agreement shall not end before the $625,000.00 Grant is fully paid (the ''Term''). g. Payment of Grant. The City will pay the Grant on an annual basis beginning one year from the date of the first reported taxable sale and continuing each year thereafter until the Term ends or this Agreement is earlier terminated in accordance with its express terms. h. Amount of the Grant. The parties agree that the annual dollar amount of the Grant payable to Tenant C will be $82,500.00. If the qualifications for the Grant, as set forth in Paragraph 1 (b)~ (d), are not met for part of any year, the payment shall be prorated based on the portion of the year during which the qualifications were met. i. Tenant C will provide annually all documents necessary for the City to validate the Grant. j. Default. In the event either party fails to comply with any covenants or obligations of this Agreement (eXClUsive of satisfying the express conditions for the Grant, which is governed by Paragraph 1 (e) above), the other party may pursue any remedy available at law or in equity; provided that neither party shall be in default unless and until such party fails to cure any failure within sixty days (30 days for money payments) following its receipt of written notice thereof from the other party (a -Default Notice'. The prevailing party to any dispute arising out of the enforcement of this Agreement shall be entitled to recover from the losing party reasonable attorney-s fees, expenses and costs. 3 2. Mlacellaneo.. a. All construction win be in accordance with applicable codes, regulations and ordinances of the City. b. This Agreement may not be assigned by either party without the written consent of the other party, not to be unreasonably withheld; provided that M&M shall have the right, without any consent being required, to assign this Agreement to Tenant C, and upon such assignment, M&M shaH be released from all obligations thereafter accruing under this Agreement and Tenant C shall be substituted for M&M in the same manner as if this Agreement had been originally executed between the City and Tenant C. In the event of assignment, the assigning party shall provide written notice of the assignee, including assignee's address and contact information. c. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. d. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Tarrant County, Texas. e. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and (subject to Paragraph 2(b)) assigns. f. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 4 h. Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail. retum receipt requested. Notice to the City ahal be suflicient if made or addressed to City Manager. 100 Main Street Colleyville. Texas 76034. with a copy to the City Attorney. Matthew C. G. Boyle, Boyle & Lowry. L.L.P., 4201 Wingren. Suite 108. Irving, Texas 75062. Notice to M&M shall be sufficient if made or addressed to 13642 Omega. Dallas, Texas 75244. Attn: Charles M. Hodges. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other parties in accordance with the provisions of this Agreement. i. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. j. In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid. illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shaH not affect any other provision thereof. and this agreement shall be construed as if such invalid. illegal or unenforceable provision had never been contained herein. k. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. I. Time is of the essence in this Agreement. m. The parties agree this Agreement has been drafted jointly by the parties and their legal representatives. n. Each party agrees to deliver estoppel certificates regarding the status of this Agreement from time to time upon written request of the other party. o. Notwithstanding the Policy provisions. there will be no recapture right on the part of the City with respect to any incentive payments made prior to any default or failure of Tenant C hereunder, whether or not this Agreement is terminated. 5 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. CITY OF COLLEYVILLE MELVIN & MARTINDALE II, LTD., a Texas limited partnership BY:.A ~ Name: Dtlihd fd6. Title: By: R. M. Farrell, Inc., its general partner Approved: ~ ~~ City Attorney CITY COUNCIL APPROVED MAY 3 2005 CORPORATE ACKNOWLEDGMENT: The State 01 Tes.. County 01 tJ-. Before me9 the un ersi~tlOsl:1":rnalIY a F-U. of proved to me through the presentation ofa valid Texas Driver's License to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that V "I helshe executed the same for the purposes and consideration therein expressed. Mr.JMs. plQ ~fb furthermore a sted that he/she is signing tbislJ~tATm hislher capacity as .pL~I tJGIi/T of - and that ucb capacity makes his signature valid to bind the company - U. . Seal: ~GIVENUNDERMYHANDANDSEALOFOFFICE, this c1.5d c1ayof __ .2005. .10... DOl.. My Commission Expires: __ eon." II ...... .-.. Notary Public in and for the State of Texas 6 EXHIBIT uO- RETAIL DEVELOPMENT AGREEMENT ~ JoDI. This Agreement (the "Agreement") Is entered into as of the~ o-ty and between The City of Colleyville, Texas, a municipal corporation (the "City") and Melvin & Martindale II, Ltd., a Texas Limited Partnership rM&M,. RECITAlS: WHEREAS M&M owns approximately 11.8 acres of property as more particularly described in Exhibit "A" (the .Colleyville Town Center parce") on which M&M plans to construct or cause to be constructed at least 70,000 square feet of retail, entertainment, restaurant and/or office space that is heated, ventilated and air conditioned as set forth on the Site Plan described in Exhibit itA- (or such other square footage that is the tax generating equivalent thereof based upon the "Fiscallmpacr section of M&M Application for Economic Development Incentives dated April~, 2005), which 70,000 square feet includes the --renant B Space- and the "Tenant C Space- as described in those other two certain Retail Development Agreements of even date herewith between the City and M&M, and which 70,000 square feet is herein collectively referred to as the URetail Space'; and WHEREAS, M&M has requested that the City authorize and pay certain cash incentives and grants as provided herein (collectively referred to as the "Incentives' with respect to the construction of the Retail Space; and WHEREAS, for the public purpose of promoting economic development and diversity, increasing employment, reducing unemployment and underemployment, expanding commerce and stimulating business and commercial activity in the State of Texas, Tarrant County and the City, the City desires to offer the incentives and grants to M&M as more particularly described in this Agreement; and WHEREAS, M&M has applied for the Incentives in accordance with the City's Policy Statement for Development Incentives (the "Policy"); and WHEREAS, the Agreement and Incentives are authorized by, and in accordance with, the Policy and Chapter 380 of the Texas Local Govemment Code. NOW, THEREFORE, for and in consideration of the promises, covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, the City and M&M agree as follows: Project Subject to this Agreement M&M plans to C()nstruct the Retail Space, or cause the Retail Space to be constructed, substantially as set forth on the Site 1 Plan described in Exhibit "A", which may be modified from time to time as approved by the City, such approval not to be unreasonably withheld or delayed, and on the land that is described in Exhibit -A-, which Exhibits are attached hereto and incorporated herein for all purposes (the "Project"). 1. Grant to M&M. For the aforesaid public purposes, the City desires to grant to M&M $50,000 per year for ten years, for a total grant amount of $500,000 (the -Grant"). To qualify for the Grant, M&M must meet the conditions set forth in the following subparagraphs (a) - (e): a. Obtain a certificate of occupancy for at least 70,000 square feet of Retail Space and have at least 50,000 square feet of the Retail Space (or the tax-generating equivalent) open to the public with taxable sales commenced on or about December 1, 2006 (subject to delays in completion of construction of the Retail Space due to material shortages, weather, acts of God, labor disputes or other causes beyond the reasonable control of M&M). b. The City will have the right to terminate this Agreement if M&M fails to cause the Retail Space to be completed and occupied in accordance with and to the extent of the requirements of Paragraph 1(a), by giving written notice thereof to M&M at any time prior to such completion and occupancy. If this Agreement is not terminated pursuant to the foregoing sentence, this Agreement may not be terminated after the initial completion of the Retail Space and satisfaction of the Paragraph 1 (a) occupancy requirement, regardless of subsequent occupancy levels of the Retail Space. However, if due to casualty damage, there is at any time less than 70,000 square feet of Retail Space(or the tax.generating equivalent thereof) occupied and/or available (subject to tenant finish) for occupancy, the City shall have the right to terminate this Agreement unless M&M causes restoration of the Retail Space at least to the extent necessary to have 70,000 square feet of Retail Space so available within eighteen months from the date of the casualty. Notwithstanding anything in this Agreement to the contrary, the sole remedy of the City with respect to any failure of M&M to meet any conditions of the Grant shall be termination of this Agreement in accordance with and subject to the foregoing. c. Term of the Grant. Subject to the terms and conditions of this Agreement. the Grant is available for a period of ten (10) years beginning on the date the condition in Paragraph 1 (a) is satisfied, provided that unless earlier terminated in accordance 2 with its express terms. this Agreement shall not end before the entire $500,000.00 Grant is fully paid (the "Term"). d. Payment of Grant. The City win. pay the Grant to M&M on an annual basis beginning one year from the date of satisfaction of the Paragraph 1 (a) conditions and continuing each year thereafter until the Term ends or this Agreement is earlier terminated in accordance with its express terms. e. Amount of the Grant. The parties agree that the annual dollar amount of the Grant payable to M&M will be fifty thousand dollars ($50.000). If due to casualty damage the daily average amount of Retail Space occupied and/or available (subject to tenant finish) for occupancy during any year is less than 70,000 square feet (or its tax-generating equivalent). the annual Grant amount shaH be prorated based upon the actual number of square feet of Retail Space occupied and/or available for occupancy during such year, as compared to 70,000 square feet (or its tax-generating equivalent). f. M&M will provide annually all documents necessary for the City to validate the Grant. g. Default. In the event either party fails to comply with any covenants or obligations of this Agreement (exclusive of satisfying the express conditions for the Grant. which is governed by Paragraph 1(b) above), the other party may pursue any remedy available at law or in equity; provided that neither party shall be In default unless and until such party falls to cure any failure within sixty days (30 days for money payments) following its receipt of written notice thereof from the other party (a- Default Notice-). The prevailing party to any dispute arising out of the enforcement of this Agreement shall be entitled to recover from the losing party reasonable attorney's fees, expenses and costs. 2. Miscellaneous. a. All construction will be in accordance with applicable codes, regulations and ordinances of the City. b. This Agreement may not be assigned by either party without the written consent of the other party. In the event of assignment, the assigning party shaH provide written notice of the assignee, including assignee's address and contad information. 3 c. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or tenninated except upon the provisions hereof or by the mutual written agreement of the parties hereto. d. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Tarrant County, Texas. e. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. f. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears. that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which Is forever confessed. h. Any notice provided for under the tenns of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to the City shall be sufficient if made or addressed to City Manager, 100 Main Street Colleyville, Texas 76034, with a copy to the City Attorney, Matthew C. G. Boyle, Boyle & Lowry, L.L.P..4201 Wingren, Suite 108, Irving, Texas 75062. Notice to M&M shall be sufficient if made or addressed to 13642 Omega, Dallas, Texas 75244, Attn: Charles M. Hodges. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other parties in accordance with the provisions of this Agreement i. This Agreement may be executed in a number of identical counterparts. each of which shall be deemed an original for all purposes. 4 j. In case anyone or more of the provisions 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 not affect any other provision thereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. k. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. I. Time is of the essence in this Agreement. m. The parties agree this Agreement has been drafted jointly by the parties and their legal representatives. n. Each party agrees to deliver estoppel certificates regarding the status of this Agreement from time to time upon written request of the other party. o. Notwithstanding the Policy provisions, there will be no recapture right on the part of the City with respect to any incentive payments made prior to any default or failure of M&M hereunder, whether or not this Agreement is terminated. 5 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. :~~~~ Tde: t~ MELVIN & MARTINDALE II, LTD., a Texas limited partnership By: R. M. Farrell, Inc., its general partner CITY OF COLLEYVILLE Approved: CITY COUNCIL APPROVED ~ ~~ City Attorney MAY 3 ZOOS CORPORATE ACKNOWLEDGMENT: The State of Texas Countyol ,d)~ B. efore me, the un rsi~~~ . of proved to me through the presentation of a valid Texas Driver's License to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that helshe executed the same for the purposes and consideration therein expressed. MrAds. ~AfP.. f5{L, ~ ~ Ibat helsbe is signing tbi.1I6t~m bisIber capacity sa 'f'l.rhroi?Alr "". ,I, ( of . "'~ capacity IIIlIkes his sipaIure valid to . . . ~ (\ ~\)h. bind the company , . . . ~~~'. Se8l: . ~ . GWEN UNDER MY HAND AND S~!>J: <!FFJCE, ~ day of flH .u/~ ,2005. ~--- ~ JO ANN DOt.... ~ My Commission Expires: ~ -C::~I:;'''''' Notary Public in and for the State of Texas 6 ORDINANCE 0-06-1593 AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE 0-05-1540 RELATING TO THE FISCAL YEAR 2005-2006 BUDGET, TO AUTHORIZE THE EXPENDITURE OF $114,612 FOR THE PURCHASE OF FIRE DEPARTMENT CAPITAL EQUIPMENT AND $1,080,000 FOR THE TRANSFER INTO A SALES TAX INCENTIVE AGREEMENT FUND FOR THE ANNUAL PAYMENT OF THREE SALES TAX INCENTIVE AGREEMENTS APPROVED BY RESOLUTION R-05-2541, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on August 3, 2006, the City Council directed that the following capital equipment be purchased for the Fire Department: three cardiac monitors with waveform capnography ($79,612) and a replacement vehicle for the 1999 Ford Explorer ($35,000), and that an allocation of $1,080,000 be transferred into a Sales Tax Incentive Agreement Fund for the annual payments of the three sales tax incentive agreements approved by Council in Resolution R- 05-2541 on May 3, 2005; and WHEREAS, the City Council desires that additional funding be added to the FY 2005- 2006 General Fund budget in the amount of $1,194,612 for the aforementioned items, and the source of the funding is greater than anticipated revenues from sales tax and development revenues for the acquisition of the Fire Department equipment ($114,612) and the excess cash balance of the General Fund ($1 ,080,000); and WHEREAS, the appropriation was not included in the Fiscal Year 2005-2006 Budget approved by the City Council; and WHEREAS, the City Council finds that the adoption of this Ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec.1. THAT all of the above premises are found to be true and correct and are hereby incorporated into the body of this ordinance as if copied in their entirety herein. Sec. 2. THAT appropriations in the annual budget for Fiscal Year 2005-2006 as adopted by Ordinance 0-05-1540 are amended to read as follows: General Fund Utility Fund (Water & Wastewater) Debt Service Fund Drainage Utility Fund $16,130,754 $ 8,468,927 $ 2,132,271 $ 672,036 Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-06-1593 Page 2 of 3 The additional $1,194,612 being added to the General Fund shall come from greater than budgeted revenues from sales tax and development revenues ($114,612) and from excess cash balance ofthe General Fund ($1,080,000). THAT the City Manager be and is hereby authorized to make the appropriate change to the budget to reflect the changes in the following accounts: Fire Department account # 001-22-6645 - $79,612, Fire Department account # 001-22-6650 - $35,000, and City Council account # 001-14-6810 - $1,080,000. THAT the funding for the sales tax incentive agreements be transferred to the a Sales Tax Incentive Agreement Fund at the close of Fiscal Year 2005-2006 and annual payments for the sales tax incentive agreements will be authorized to be expended from the aforementioned fund. THAT the City Manager is hereby authorized to execute all contracts and documents for which funding is appropriated in the aforementioned budget amendment. THAT the effective date of this ordinance shall be immediate upon its passage. 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 0-06-1593 Page 3 of 3 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney . 't"(:S,,-;:' City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1 000 www.colleyville.com File Number: R-06-2747 File Number: R-06-2747 File Type: Resolution Status: Resolution Version: Agenda Date: 09/05/2006 Agenda No.: 7a Controlling Body: City Council Final Action: Requester: Community Development Department File Name: Approval of a request by Grapevine-Colleyville Independent School District for an extension of time for the use of two existing portable buildings on property located at 5800 Colleyville Boulevard, Case G-06-023 Attachments: Letter from Applicant Dated July 19, 2006 . List of Property Owners Notified . Aerial Photo . Resolution R-06-2747 History of Legislative File Version: Date: Acting Body: Action Text: 09/05/2006 City Council Title Approval of a request by Grapevine-Colleyville Independent School District for an extension of time for the use of two existing portable buildings on property located at 5800 Colleyville Boulevard, Case G-06-023 Explanation Reading and Public Hearing At the August 15, 2006 City Council Meeting, the Council approved setting a date for a public hearing on September 5, 2006, to consider a request by Grapevine-Colleyville Independent School District (GCISD) for an extension of time for the use of two existing portable buildings on property located at 5800 Colleyville Boulevard. GCISD has submitted a request to extend the time for the use of two portable buildings on the Colleyville Elementary School campus located at 5800 Colleyville Boulevard. Resolution R-04-2360, approved by City Council on April 20, 2004, permitted the placement of two portable buildings on the campus for classroom use for a period of one year. A one year time extension was approved by the City Council with Resolution R-05-2563, which allowed the portable buildings to remain on the property until the end of the 2005-06 school year. The time extension has expired and the school district is requesting the time period be extended for one additional year to allow for the opening of the new elementary school campus that is anticipated in August of 2007. The two portable buildings are currently being used for classrooms. The buildings are approximately 24' x 60' in size. The buildings are located on the north side of the campus, as indicated on the attached aerial photo. City of Colleyville Page 1 Printed on 8/31/2006 Agenda Briefing Continued (R-06-2747) Attached is a letter from school district personnel, requesting the extension of the time period. Public Notification. Staff mailed notices to ten adjacent property owners regarding this request. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. Staff has not received correspondence regarding this request. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 8/31/2006 H;~ 1 !r;1 L. \\"\!(\d.~ /\vern:l' Cj~'~ll\"_~\'ln',', f\ 7h{L" 1 :.: ; '''/.~S):\v'}5,~;k' Letter from Applicant Dated ~uly 19, 2006 'Ired;;,/, . . ftP j Ii de p i' Il d~' 11 t S t Ii (} II ( D 1St rid July 19,2006 Chris Fuller City of Colleyvillc 100 Main Street CoJleyvillc, Texas 76034 RE: Extension of permit ft)!' two portable buildings located at 5800 Colleyville Blvd. Dear Mr. Fuller. I am in receipt of you letter dated July 14, 2006 notifying the District of the June 30th expiration of the permits for the two portable buildings located at ColleyviJIe Elementary. 1 am requesting an one year extension of Resolution 05-2563 to accommodate the campus until the opening of the new ColleyviIle Elementary. Please add this request for consideration at the next scheduled City Council Meeting. Thank you lor your assistance and if you need anythmg else from me let me know. Respectfully, Valcric J. Sec Director of Special Projects 817.251.5610 Office 817.251.5383 FAX V alcric.Scc@gcisd .11~! G-06-023 Hoch, Jeanne M Etvir James A 5709 Hidden Oaks Dr Colleyville, TX 76034 Jns Land Family PO Box 1948 Colleyville, TX 76034 Stillbrooke Homes Of Texas Inc PO Box 271073 Flower Mound, TX 75027 List of Property Owners Notified Bluebonnet Hills Memorial Pk PO Box 11250 New Orleans, LA 70181 Hwc Tuscany Colleyville Ltd 3400 Glade Rd Colleyville, TX 76034 People's Realty Ltd 2875 Exchange Blvd Southlake, TX 76092 Dmlor, Steven H Etux Gretchen 5801 Hidden Oaks Dr Colleyville, TX 76034 Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine, TX 76051 Guest Monticello Partners Ltd 1111 S Main St Ste 220 Grapevine, TX 76051 Pro Co Paint And Body Inc PO Box 206 Colleyville, TX 76034 Aerial Photo RESOLUTION R-06-2747 A RESOLUTION APPROVING A REQUEST BY GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT TO ALLOW TWO EXISTING PORTABLE BUILDINGS TO REMAIN ON THE PROPERTY AT 5800 COLLEYVILLE BOULEVARD UNTIL AUGUST 31, 2007 WHEREAS, the Grapevine-Colleyville Independent School District has requested permission to allow two existing portable buildings to remain on the premises of the Colleyville Elementary School campus located at 5800 Colleyville Boulevard for a period of one year; and WHEREAS, the City Council held a public hearing on the request and received comments from all persons wishing to speak on the request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request of the Grapevine-Colleyville Independent School District to allow two existing portable buildings for use as classrooms to remain on the premises of the Colleyville Elementary School campus located at 5800 Colleyville Boulevard, is hereby approved for the period of one (1) year, through August 31, 2007. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS AND 2006. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor --,........../ "PS,;'\";' City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Version: File Type: Report Agenda Date: 09/05/2006 Agenda No.: 9 Status: Reports Controlling Body: City Council Final Action: File Number: Requester: Office of the City Secretary File Name: Reports - September 5, 2006 Attachments: Colleyville Center Marketing Subcommittee Minutes - April 24, 2006 . Colleyville Center Advisory Committee Minutes - May 22, 2006.pdf' Zoning Board of Adjustment Minutes - June 13,2006 . Library Board Minutes - July 17, 2006.pdf. Planning and Zoning Commission Minutes - July 24, 2006 . Planning and Zoning Commission Minutes - August 14, 2006 History of Legislative File Version: Date: Acting Body: Action Text: 1 09/05/2006 City Council Title Colleyville Center Marketing Subcommittee Minutes - April 24, 2006 Colleyville Center Advisory Committee Minutes - May 22, 2006 Zoning Board of Adjustment Minutes - June 13, 2006 Library Board Minutes - July 17, 2006 Planning and Zoning Commission Minutes - July 24, 2006 Planning and Zoning Commission Minutes - August 14, 2006 City of Colleyville Page 1 Printed on 8/31/2006 COLLEYVILLE CENTER ADVISORY COMMITTEE MARKETING SUBCOMMITTEE MEETING APRIL 24, 2006 MINUTES Present: Center Advisory Chair Suzanne Harrington, Mark Johnson, Molly Skinner, John Gray Center Manager Un Przybyl and Center Coordinator Marilyn Gilbert Absent: Subcommittee Chair Sheryl Black 1. Acting Chair Suzanne Harrington called the meeting to order at 6:03 p.m. 2. Minutes for the April 11, 2005 Marketing Subcommittee meeting were approved as read 3. The Subcommittee discussed the following items for review and consideration by Center staff: a. Purchase of advertising on Google or Yahoo sites b. Research funding sources for purchase of lighted-monument style sign at Riverwalk Drive c. Placement of advertising at Lifetime Fitness d. Distribution of a mass mailing to local meeting planners e. Elimination of SWBT Yellow Page premium advertising f. Participation of Center staff in a BNI Referral group 4. Meeting was adjourned at 6:55 p.m. COLLEYVILLE CENTER ADVISORY COMMITTEE FY 2006 SECOND QUARTER MEETING MAY 22, 2006 MINUTES Present: Chair Suzanne Harrington, Vice Chair Molly Skinner, Chuck Baudrau, Karen Birkes, Sheryl Black, Muriel Havran, Mark Johnson, Pat Jones, John Gray, Rob Rutherford, Paul Vigiletti, Evelyn Englert and Connie Nichols Center Manager Un Przybyl, Center Coordinator Marilyn Gilbert Absent: Louis Miller 1. Chair Suzanne Harrington called the meeting to order at 5:30 p.m. 2. Chair Suzanne Harrington introduced the new City Council appointees, Evelyn Englert and Chuck Baudrau. 3. Minutes for the February 20, 2006 meeting were approved as written. 4. The Committee reviewed and discussed the Colleyville Center FY 2006 - Second Quarter Report. 5. Chair Suzanne Harrington updated the Committee on the Marketing Subcommittee meeting held on April 24, 2006. The subcommittee had discussed a variety of new marketing strategies for the Center to implement in FY 2007. The committee discussed future renovations and possible expansion of the facility. 6. Staff reported that the annual fee review of Center fees and services will be addressed at the August 2006 - 3rd quarter meeting. 7. Meeting was adjourned at 6:15 p.m. ~ .,~!1 ~.. ~e rf,"'"","";" City of Colleyville Minutes - Final Zoning Board of Adjustment 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, June 13,2006 7:15 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES May 9, 2006 Boardmember Skip Reynolds moved to approve the May 9, 2006 meeting minutes as written. Boardmember Ed Moore seconded. The motion carried by the following vote: Aye: 6 - Knox, Reynolds, Munson, Moore, Dellosso, McNosky Absent: 1 - Kenney 5. AGENDA ITEMS Sa. Case A-06-00? - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height regulations on Lot 12, Block 1 of the Clairemont Phase II Addition, located at 904 Montreux Chris Fuller presented the case and briefed the board members. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. J. B. Morgan, 6728 Zermatt Court, the father of the applicant, came forward to present the case and answer any questions the Board had. Board member Rich Munson questioned Mr. Morgan regarding if the lot was built up with excavated material from the construction of the subdivision? Mr. Morgan stated not knowing for sure, but it appears that the property seems to be on a slope. Board member Rich Munson questioned Mr. Morgan regarding what did the property look like before construction? Mr. Morgan replied not knowing. Board member Ed Moore questioned Mr. Morgan how long he thought the vine would take to grow to affect the lattice work? Mrs. Morgan stated there is some lattice work that is tightly woven and some greenery can be bought that is already six feet tall. The lattice work is not solid. City of Colleyville Page 1 Printed on 8/9/2006 Zoning Board of Adjustment Minutes - Final June 13, 2006 Board member Uton Del/ossa stated this lattice work is a temporary fix until the greenery grows for a more attractive appearance. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:35 p.m. Board member Ed Moore moved to deny case A-06-007. Board member Rich Munson seconded. Board member Skip Reynolds stated being concerned by the staffs recommendation for denial due to technical non-compliance, which is a correct assessment, however, he stated being sympathetic to the problem. There is nothing in the record that would show the code would permit this Board to grant a variance. Board member Ed Moore stated the code states no fence larger than 8 foot. The applicant could put a two foot lattice on the existing fence and not need a variance. Board member Rich Munson concurred and stated with the existing elevation, it would appear the developer may have caused. Board member Skip Reynolds stated the code does not mention anything about the slope or grade of the land being an issue, however, if the applicant feels that we have granted variances for this type, in the past, we could table this request. The motion carried by the following vote: Aye: 3 - Munson, Moore, McNosky Nay: 1 - Knox Absent: 1 - Kenney Abstain: 1 - Reynolds Board member Skip Reynolds stated not having enough evidence to vote in favor of this request. Board member Ed Moore stated to the applicant that a two foot lattice could be placed on the fence. Chairman McNosky stated to the applicant to get with staff for some alternatives. 6. REPORTS AND COMMENTS 7. ADJOURNMENT The Board adjourned the meeting at 7:40 p.m. by acclamation. Minutes approved on August 8, 2006. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 8/9/2006 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES July 17, 2006 I. CALL TO ORDER - Vice Chair Pat Jones called the meeting of the Colleyville Public Library Board to order at 7:05 p.m. ROLL CALL - Members present: Pat Jones, Susan Potter, Richard Roxburgh and Carol Wollin Members absent: Karen Birkes, Nancy Eytcheson and Mary Alice Rippe Alternates absent: Dennis Healy and Nancy Bowen Ex-Officio Members present: Nancy Coplen Ex-Officio Members absent: Mayor David Kelly, Ret Stansberger, Steve Banta, Dr. Larry Darlage and Ginny Tigue Council Liaison present: Tony Licata Staff present: Mary Rodne II. Election of the Colleyville Public Library Board Chair Vice Chair Pat Jones opened the floor for nominations for Library Board Chair. A motion was made by Pat Jones and seconded by Richard Roxburgh to nominate Nancy Eytcheson. Motion approved unanimously. III. Election of the Colleyville Public Library Board Vice Chair Vice Chair Pat Jones asked for nominations for Library Board Vice Chair. A motion was made by Carol Wollin to nominate Susan Potter. Richard Roxburgh made motion to nominate Pat Jones. Susan Potter requested that her name be withdrawn. Motion approved unanimously in favor of Pat Jones as Vice Chair. IV. Approval of June 12, 2006 Minutes - A motion was made by Carol Wollin and seconded by Susan Potter to approve the June 12, 2006 minutes as amended. Motion approved unanimously. V. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Rodne distributed Colleyville Public Library June 2006 Usage Statistics, for review and discussion. Patrons had checked out a total of 25,098 items, 228 Colleyville residents registered for library cards, library patron visits totaled 14,584, attendance for programs totaled 2,515 and volunteer hours totaled 726.75 hours. Rodne noted that June statistics were record-breaking and that the total circulation of library materials this year was 22% higher than the total circulation of library materials last year at this time. b. Donations Director Rodne reported that the Library had received a total of $26.78 in donations in June. The donations included: $26.78 from the Friends of the Colleyville Library for the purchase of a book in honor of Susan Taylor for serving a two term as president of the Friends. c. Programs Director Mary Rodne presented an update on the Library's Summer Reading Program, Reading: The Sport of Champions, which started on June 5, 2006. Director Rodne noted that the response to the reading program continued to be very favorable. To date, around 1,070 children and 78 adults, for a total of 1,148, had registered for the summer reading program. Programs had been having record-breaking attendance. Rodne reported that Chess Club had been going very well. Around 109 had registered for the program and that a chess tournament was going to be held on July 19th. Everyone was also invited to attend the Library's Summer Reading Finale that was going to be held on July 27, 2006, from 6:00 PM - 9:00 PM on Main Street in front of the Library and City Hall. It was noted that the Summer Reading Finale was going to be combined this year with Colleyville's First Culture Fest. Flyers were distributed and the schedule of events for the evening was highlighted. Rodne presented an update on the first Northeast Tarrant Reads program and invited all Library Board members to attend the program finale on July 20, 2006 at the Colleyville Center from 7:00 P.M. - 9:00 P.M. VI. NORTH TEXAS REGIONAL LIBRARY SYSTEM ASSEMBLY REPRESENTATIVE AND ALTERNATE UPDATE Director Rodne noted that North Texas Regional Library System Assembly Representative, Susan Potter and Alternate Representative, Carol Wollin were serving in these positions, which are two year terms, and that new appointments would need to be made in 2007. VII. LIBRARY LONG- RANGE PLANNING UPDATE It was noted that staff would be starting to write goals and objectives to meet the selected top four service responses when the summer reading program was over. VIII. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT Library Director Rodne reported that the Friends of the Library had held an Annual Meeting at the Library on June 27, 2006, at 6:30 p.m., and that Lila Coley and Pat Fox presented an overview of Colleyville's 50th Anniversary History Book. It was announced that an election of officers had been held at the annual meeting and that the new president was Mary Alice Rippe. IX. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT Pat Jones reported that the Library Foundation was not meeting in July and that 2006 library fund raiser plans would be announced in August. X. SUGGESTED ITEMS FOR FUTURE MEETINGS None XI. CITIZEN COMMENTS None XII. ADJOURN: A motion was made by Richard Roxburgh and seconded by Carol Wollin to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 7:30 p.m. .......... L<':"\:.l'~:'.!;" ,{ ,:. ,. '. e r,;;.., City of Colleyville Minutes - Final Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, July 24,2006 7:00 PM City Council Chambers 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on July 24, 2006, at 7:00 P.M. 2. ROLL CALL Present: Commissioners Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Denis Duffy, Jeff Byerly Absent: Commissioner Robert McCormick 3. INVOCATION The invocation was given by Commissioner Duffy. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Bartkowski moved to approve the July 10, 2006 meeting minutes as written. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Absent: 1 - McCormick 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None City of Colleyville Page 1 Printed on 8/15/2006 Planning and Zoning Commission Minutes - Final July 24, 2006 7. REGULAR AGENDA ITEMS 7a Approval of a Preliminary Plat for Lots 1-8, Block 1, Lots 1-8, Block 2, Lots 1-9, Block 3, Lots 1-7, Block 4 of the Lavaca Trail Estates Addition on 20.09 acres located at 909 and 1009 Lavaca Trail and 908 L.D. Lockett Road, Case P-06-038 Commissioner Byerly explained to the audience and the Commission that this item is related to the tabled agenda item 9a. (Note: This plat was approved after zoning case Z-06-016 was approved.) Commissioner Byerly moved to remove case Z-06-016 from the tabled item to be discussed with case P-06-038. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 6 - Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Absent: 1 - McCormick Chris Fuller presented case P-06-038 and Z-06-016 and briefed the Commissioners. He stated a separate vote would be needed for each case. Commissioner Duffy questioned staff regarding if the Commission could discuss both cases at the same time? City Attorney replied both can be heard at the same time, however, a separate vote will be needed for both cases. The zoning case will need a vote first. Commissioner Duffy stated having several questions regarding the preliminary plat. He questioned staff regarding if the access lots on the cul-de-sac will require a waiver? Chris Fuller replied they will not need a waiver because the developer has agreed to add the street stub to the east for future connectivity and to eliminate cul-de-sac in excess of 12 lots. Commissioner Duffy questioned staff regarding if the off site drainage easement minimum of 15-feet wide has been met? Chris Fuller replied this requirement will be met at the final plat stages, not during the preliminary plat. Commissioner Duffy stated the final plat will not be seen unless the drainage easement is met. Chris Fuller replied correct. Barry LeBaron discussed the reason why that requirement will be met at the final plat. It would not be right to make a developer buy those off site easements if the preliminary plat did not get approved. Commissioner Duffy questioned what is the city's position on opening gated communities? Fire Marshal McKeown replied this access gate will have a 24 wide easement with a 14 foot vertical clearance. This access gate can be locked with pins in the ground with a Knox pad lock on it. This requires having the key in hand to manually open the gate. This development can meet the code by doing the gate this way, however, he stated having asked the developer to install a controlled access gate. A controlled access gate has an electric meter with a Knox box override and a battery back-up in case of a power outage. Commissioner Duffy questioned Fire Marshal McKeown if the developer has agreed to do so? Fire Marshal McKeown replied they have agreed to do so verbally. Commissioner Duffy questioned if this will be written on the final plat? Fire Marshal McKeown replied he would like for them to do so. Commissioner Duffy questioned the City Attorney regarding if those specific City of Co/leyville Page 2 Printed on 8/15/2006 Planning and Zoning Commission Minutes - Final July 24, 2006 requirements could be put on the final plat? City Attomey replied there could not be any specific requirements if the plat meets the code. Commissioner Duffy questioned staff regarding at what time does the City have enforcement over the builders or developers regarding the tree preservation? Chris Fuller replied the developer has provided a tree survey and typically at the time of lot grading, the developer is required to do the mitigation or preservation of the trees before the home builders take over the lots. Commissioner Duffy questioned staff regarding if the City could go to several people regarding the violation of tree preservation, if any has taken place? Chris Fuller replied correct. Commissioner Duffy stated not having seen a homeowner's agreement regarding the open space areas in a R20 zoning area only in PUDs. How will this function in this development for the open areas? Who will be responsible if the ponds go fowl? Chris Fuller replied if a Homeowner's Association is not indicated on the plat, someone will own that open space lot and will pay taxes on that lot and that person or entity will be notified in violation. Commissioner Duffy stated wanting the open areas to be maintained by someone and put on the plat as to who will be responsible. Commissioner Duffy questioned City Engineer Robert Woods regarding the placement of the detention ponds? Engineer Woods replied the detention ponds have been placed throughout the eastern property line of the development by using a closed pipe system. Engineer Woods replied there would not be an increase in the water flow than what is already in place. Dan Bryson, the developer, presented the case and briefed the Commissioners. He stated the Emerald Park Addition developer has approved of the preliminary plat being presented here tonight and he has provided the Commission with a letter of support. Commissioner Byerly questioned Mr. Bryson regarding if the Opticom gate will be installed? Mr. Bryson replied being willing to put what ever the Fire Marshal wants in place. Commissioner Duffy questioned Mr. Bryson regarding when will the homeowner's association be put in place? Mr. Bryson replied immediately, after the zoning and plats are approved. Commissioner Duffy questioned Mr. Bryson regarding the 65,000 pound weight accommodation in the two areas? Mr. Bryson replied his Engineer has not stated this being an issue. (Note: This plat was approved after zoning case Z-06-016 was approved.) Commissioner Byerly moved to approve case P-06-038. Commissioner Blassingame seconded. The motion carried by the following vote: Aye: 6 - Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Absent: 1. McCormick 8. PUBLIC HEARING AGENDA ITEMS 8a Case P-06-036 - PUBLIC HEARING - Approval of a Final Plat on Lot A-1 and A-2, Block 3 of the Highland Acres Addition being a replat of Lot City of Colleyville Page 3 Printed on 8/15/2006 Planning and Zoning Commission Minutes - Final July 24, 2006 A, Block 3 of the Highland Acres Addition located at 413 Timberline Drive South Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding the inconsistencies of the layout of the charts. The 30 foot set back along Bransford Road for this property is not consistent with the Mormon Church across the street. He questioned if the right of way was not dedicated? Chris Fuller replied correct. Commissioner Duffy stated since the survey has been done on Bransford and the right of way is reasonable, it appears that Timberline South has a 50 foot set back now and the applicant is asking for 30 feet, why not the 50 foot to make it line up with that neighborhood? Barry LeBaron replied that set back is not required in that zoning district. He stated not knowing why those homes have a 50 foot set back for that zoning district. City Attomey stated the applicant is only required to comply with the zoning district requirements. Commissioner Duffy replied understanding what the code requires, however, he stated wanting to ask the applicant if the 50 foot set back would work for him. Commissioner Byerly opened the public hearing at 7:45 P.M. The applicant was not present to answer the Commissioner's questions. There being no one wishing to speak, the public hearing was closed at 7:45 P.M. Barry LeBaron explained to the Commissioners regarding the unique area for the set backs that are in place. Commissioner Byerly questioned if this plat will need to be approved by the City Council? Barry LeBaron replied no, this is a minor plat having less than four lots. Commissioner Duffy moved to approve case P-06-036. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Absent: 1 - McCormick 9. TABLED AGENDA ITEMS 9a Approval of a request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3, Block 1 of the Lavaca Trail Addition and Lot 1, Block 1 of the W.C. Newton Addition, Case Z-06-016 This item was removed from the table during the discussion of the agenda item 7a, case P-06-038. Commissioner Duffy stated this R20 zoning area will be the only lower density area east of the Emerald Park Addition. This will maintain the master plan. City of Colleyville Page 4 Printed on 8/15/2006 Planning and Zoning Commission Minutes - Final July 24, 2006 Commissioner Byerly moved to approve case Z-06-016. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6 - Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Absent: 1 - McCormick 1 O. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Barry LeBaron stated to the Commission that staff has been working on updating the Land Use Tables in Chapter 3 of the Land Development Code. He stated a workshop will be scheduled at some time in August. He stated Amy Shelley will get with all of you to determine when a time would work for everyone. He reminded everyone regarding the Planning Workshop on July 31, 2006. He stated letting Amy Shelley know if you wish to attend by tomorrow so that the reservations can be made. Commissioner Duffy questioned staff regarding who enforces the land uses? Barry LeBaron replied the Code Enforcement officer enforces the land uses and initially when a building permit is submitted, the land use is looked upon to see if they can build that parlicular building. Second, when using an existing structure, usually the cerlificate of occupancy will trigger the checking of the land use for the business. Commissioner Duffy questioned staff regarding what if a rental properly is being used for a business? Barry LeBaron stated the cerlificate of occupancy again triggers the checking of the land use, but if a cerlificate is not issued, only would some one reporling a possible violation trigger the land use. 11. COMMISSIONERS' COMMENTS AND REPORTS 12. ADJOURNMENT: There being no further business before the Planning and Zoning Commission, Commissioner Byerly moved to adjourn at 7:35 P.M. Approved by acclamation. I hereby certify the above agenda was posted on the bulletin boards at City Hall on July 20, 2006 by 5:00 PM. Minutes approved on August 14, 2006 Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 5 Printed on 8/15/2006 ,,::::~:!'~:~... C~e r..".l"" City of Colleyville Minutes - Final Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, August 14, 2006 7:00 PM City Council Chambers 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on August 14, 2006, at 7:00 p.m. 2. ROLL CALL Present: Commissioners Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, Denis Duffy, Jeff Byerly Absent: Commissioner John Blassingame 3. INVOCATION 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Byerly suggested clarifying the minutes to reflect the plat case P-06-038 was approved after the zoning case Z-06-016 was approved. Commissioner Bartkowski moved to approve the July 24, 2006 meeting minutes with corrections. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Duffy, Byerly Absent: 1 - Blassingame 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None City of Colleyville Page 1 Printed on 8/29/2006 Planning and Zoning Commission Minutes - Final August 14, 2006 7. REGULAR AGENDA ITEMS 7a Approval of a Final Plat for Lots 1-124, Blocks 1-7 of the Heritage Oaks Addition on 22.7 acres located in the northwest quadrant of Glade Road and Heritage Avenue, Case P-06-037 Commissioner Byerly recused himself for this agenda item. Commissioner Duffy took the chairman's place. Barry LeBaron presented the case and briefed the Commissioners. Commissioner Bartkowski moved to approve case P-06-037. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 4 - Dudziak, Bartkowski, Taylor, Duffy Nay: 1 - McCormick Absent: 1 - Blassingame Abstain: 1 - Byerly 8. PUBLIC HEARING AGENDA ITEMS 8a Case Z-06-017 - PUBLIC HEARING - Request for a zoning change from CC1-Village Retail to PUDR-Planned Unit Development Residential on Lots 1 and 2, Block 1 of the Garden Addition located at 5503 and 5505 Pleasant Run Road Barry LeBaron presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7: 15 p.rn. Mardy Brown, Dowdey Anderson and Associates, representing the applicant, presented the case and briefed the Commissioners. Commissioner Taylor questioned Mr. Brown regarding where the front entry garages will be placed. Mr. Brown used the pictures and diagrams to show the placement of the garages, they are internal. Commissioner Taylor questioned Mr. Brown regarding if these will all be two story buildings? Mr. Brown replied correct. Commissioner Taylor questioned Mr. Brown where some like these being constructed? Mr. Brown replied in Piano, corner of Park and Parkwood. Commissioner Taylor questioned Mr. Brown regarding who is the builder? Mr. Brown stated the same builder that would be used for this project, Hawkins Wellwood. Commissioner Duffy questioned Mr. Brown regarding the drainage? Mr. Brown stated the ultimate run off would be flowed into the creek as suggested by staff and using the detention facilities that are currently in place. He stated the module did not show the need for detention, so we have asked for the waiver. Commissioner Duffy stated you can not increase the flow from your property over what is currently in place. City Attorney, Matthew Boyle concurred that being a fair general statement. Commissioner Duffy stated this whole grassy area will now become concrete and therefore you will collect more because the absorption rate of concrete is zero whereas the absorption rate of grass is anywhere between .6 to .9. Mr. Brown concurred. Commissioner Duffy City of Colleyville Page 2 Printed on 8/29/2008 Planning and Zoning Commission Minutes - Final August 14, 2006 stated therefore, that water will go into the creek at certain times, no matter what time it is being released. Mr. Brown stated that being a fair general statement. Commissioner Duffy stated you have an obligation so that you do not increase the flow to that creek that would jeopardy the people downstream. Mr. Brown concurred and stated if the city's hydraulic analysis states this project needs any detention or retention, it will be constructed. Commissioner Duffy questioned if Mr. Brown's engineers have done any studies? Mr. Brown replied his engineers have done some studies and all have been submitted to the city's engineers. Because this is for zoning, we will have a more in depth look once we get to platting. Commissioner Duffy questioned Mr. Brown regarding if the tree study has been completed? Mr. Brown stated the tree study is completed and all will be provided to the city for platting. Commissioner Duffy stated this project will be the most dense area in the city. He stated this project will be encroaching the density measures. Mr. Brown stated this product works for this size area. Mr. Brown stated not just using these homes for empty nesters, there is a more broad range of people that will buy this product. Commissioner Duffy questioned Mr. Brown regarding what will access the 24 foot alley. Mr. Brown stated this alley would be accessible for emergency access. Fire Marshal Rob McKeown replied this 24 foot alley will work for emergency access. Commissioner Duffy questioned Mr. Brown regarding what is being dedicated for the widening of Church Street and the trail? Mr. Brown replied yes, the right of way for two lanes for Church Street and the 10 foot trail. Commissioner Duffy questioned Mr. Brown why this product will work in comparison to the Village town homes less than a mile down the road from this project. Kirk Wellwood, the builder, stated his quality will be of the quality that would see in a million dollar home. Commissioner Duffy stated there are a lot of small units being built in such a small area that there is a concern that there will be empty units sitting that will have to be rented or leased or sold too cheaply. Mr. Wellwood stated the market is for the "baby boomers" who want this smaller unit. Commissioner Taylor stated the Commission has approved three high density projects already; there is a concern that there is not enough buyers for this product. Commissioner Taylor stated being in the real estate industry and stated the "baby boomers" are the market, however, they are looking for one story units. Mr. Wellwood replied he is able to accommodate those by putting the master bedroom on the first floor and all other bedrooms on the second floor. He stated all of the front entry garages will have the masters on the first floor. Commissioner Taylor questioned Mr. Wellwood regarding if there will be any stand alone garages? Mr. Wellwood replied the units will have two car garages. Mary Ann Wilder, 1005 Hidden Oaks Court, spoke in opposition to the request and stated having concerns for congestion and density. Mike Marshall, 5707 Hidden Oaks Drive, President for Hidden Oaks Estates, spoke in opposition to the rezoning request and stated having issues with traffic. Donna Marshall, 5707 Hidden Oaks Drive, spoke in opposition to the rezoning request and stated having issues with density. Jim Delaney, 5801 Pleasant Run Road, concurred with neighbors and completely opposed this rezoning request, however would like to see acre lots. City of Colleyville Page 3 Printed on 8/29/2006 Planning and Zoning Commission Minutes - Final August 14, 2006 Carl Franklin, 5601 Pleasant Run Road, First United Methodist Church, stated having concerns for the amenity center being so close to the church sanctuary and stated wanting the amenity center to be moved. Don Welch, 1005 Dogwood Court, questioned how many units have been approved in this area and how much has been sold? There being no one wishing to speak, the public hearing was closed at 7:55 p.rn. Commissioner Bartkowski questioned staff regarding if this project would be the highest in density and would the lot sizes be the smallest in the city? Barry LeBaron replied correct. Commissioner Bartkowski questioned staff if the realignment of Church Street would have an impact on the current zoning, would it be more appealing as commercial once Church Street is completed? Barry LeBaron replied looking at that when this rezoning request came forward. This property got its commercial zoning in the 90s. He stated it being a good location for office use, garden space, stand alone offices. Commissioner Bartkowski stated there is not any support from the neighbors for this density. Commissioner Byerly questioned staff regarding what is the density in other areas in the city? Barry LeBaron replied Spring Gardens addition, down by Cheek Sparger and Jackson Road is around 25 to 40 units. The Heritage Oaks addition will be 124 units. In January additional rezoning was approved for the Village, approving an addition 200 units. City Council approved a mixture of town home and smaller lot developments at Sanders Lane and SH26. There were 24 townhomes as part of that project and about 50 single family detached lots. Commissioner Dudziak questioned staff regarding if Church Street will be four lanes? Barry LeBaron replied correct. Commissioner Dudziak questioned staff if there is a reason as to why that will be four lanes? Barry LeBaron replied it will be a continuation with what Church Street is on the east side. Commissioner Dudziak stated this will be another arterial street. Barry LeBaron concurred with a trail on the south side. Commissioner Byerly questioned staff for clarity if Church Street will be curved? Barry LeBaron replied correct, it will have a slight s-curve. Chad Bartee, City Engineer has answers to questions regarding the time frame. Barry LeBaron replied the realignment is in the planning stages now. Commissioner Dudziak questioned staff if there are any plans to make improvements from the Village along Pleasant Run Road and Church Street? Barry LeBaron replied not at this time. Commissioner Dudziak stated the whole dynamics of this property could change once Church Street is realigned. Commissioner Taylor questioned Mr. Delaney regarding what he would like to see on this property. He stated wanting to see 1/2 acre lots. Commissioner Taylor questioned Mr. Delaney regarding what he would like to see if it didn't go residential? Mr. Delaney stated not being able to see anything other than residential. Commissioner Taylor questioned Mr. Delaney if he has a problem with living close to the churches? Mr. Delaney replied no, not at all, they were here when we moved here. City of Colleyville Page 4 Printed on 8/29/2006 Planning and Zoning Commission Minutes - Final August 14, 2006 Commissioner Bartkowski moved to deny case Z-06-017. Commissioner McCormick seconded. Commissioner Byerly stated to the audience that this property is zoned commercial. Commissioner McCormick stated concurring with Mrs. Marshall and stated the Commissioners should listen to the citizens, this is too dense for this area. Density is to go on the perimeter of town to separate our town from there town. Commissioner Taylor stated the city has already approved so much high density, that the Commission needs to stand down on this project. Commissioner Byerly concurred with Commissioner Taylor. He stated Southlake is much more urbanized because of the traffic flowing through it. Commissioner Taylor stated not being able to compare the two. Southlake is living on its own, you don't even need a car to live there. Commissioner Byerly suggested waiting to see if there is a market to support the need for more town homes. Commissioner Bartkowski concurred with Commissioner Byerly. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Duffy, Byerly Absent: 1 - Blassingame 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. ADJOURNMENT: There being no further business before the Planning and Zoning Commission, the meeting adjourned at 8:15 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, August 10,2006. Amy Shelley, Planning and Zoning Assistant Minutes Approved on August 28, 2006 City of Colleyville Page 5 Printed on 8/29/2006 'tJQ)- t:: (I) t:: 0" ::s :::-"tJQ. n.t:: CD n g (;] o n' it 3 ::t::S 3CDQ. CDQ)S ::s ~. ft. (it::s::;. O~ - ..,.. Q) ~~S~ - CD CD -. (\\ (I) 3 _0-. ....~ .......... ~ '___j 0 .!!> CD ::s ...... Q. !'toO' o t:::::!! ~ ~ :::::3 3 -. t:: ~ ~(it ..(I) (I)" Q) c:: ::s ~Q. CD 0 ::s ::s Q. -. (it S3 CD (I) 2S i'Q) (1)- ..Q) ....., -.CD ::s ::s o 0 ...,- ~~ .., (I) - -. oCQ ::so; CD (it !:Q. en cO" :J CD 0. :;! iii' -. :::s 0' ~ Q) :::t o :::s iii' Q) ~ 0- - -. n :a CD n o a ~ ~, TJ ..j .;,. o cO Q) :J N" Q) .-+ c)" :J - (J) CD :;:; ..., CD "'C ro (J) CD :J .-+ () ;::;: '< \0 ~ \\\ ~ ~. 3 z c ~~ <::::.. :"! ;:::;, -I CD CD "'C ::J'" o :J CD Z o cf'- -..j \ .z --t::, )> 0. 0. ro (J) (J) C;) c ~ \) Qr , ""'- 'f:.. ~ 't- Z " z Q) 3 CD "'- --D -,.., ~- "- 1 )> CQ Cl) ::s c. D) '-' ~ -.J _/ " '- v' :E en" ::J'" .-+ o Q) 0. 0. ..., CD (J) (J) .-+ ::J'" CD () ;::;: '< () o c: :J Q. o :J .-+ ::J'" CD 0' 5" ~" :J co (J) c: ,g: CD n r'!' o Q) .-+ CD o CJ ~.., en ~ m )> ,:; m ;;a n )> ;;a C RESOLUTION R-06-2748 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF SEPTEMBER 5,2006 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 Ord inance 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 David Kelly Mayor