HomeMy WebLinkAboutCity Council-Agenda Packets-4/3/2007
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City of Colleyville
Agenda
City Council
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Tuesday, April 3, 2007
CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1
Discussion of the proposed Street Capital Improvement Work Plan with
the Capital Improvement Plan Committee
PC-2
Presentation and discussion of proposed refuse and recycling franchise
agreement (This item will be discussed at the conclusion of the regular
meeting)
PC-3
Discussion of the April 3, 2007, City Council regular agenda items
6:35 p.m. - Celebrate Colleyville Steering Committee Applicant Interviews
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 - Discussion of litigation - Raman Chandler v.
City of Colleyville
Sec. 551.071 - Legal - Discussion of litigation - Charleda Jean Elliott
v. John Smith, Wildwood Suites Property Management, Inc., Ian
Robert Smith, Montclair Parc Homeowners Association, Inc.,
Montclair Parc, Inc., and the City of Colleyville
Sec. 551.072 - Property - Deliberate the purchase, lease, exchange
or value of real property
Sec. 551.087 - Economic Development - Discuss and deliberate
commercial and financial information received from business
prospects the City seeks to have locate, stay or expand within the
City
City of Colleyville
Page 1
Printed on 3/30/2007
City Council
Agenda
April 3, 2007
RESUME REGULAR MEETING
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Tim Perkins, Crown of Life Lutheran Church
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-07-2822
3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL
AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
PROCLAMATIONS
Child Abuse Prevention Month - April 2007 - Sommer Houser, Associate
Director, Alliance for Children Northeast Center Coordinator
Pleasant Run Baptist Church 130 Year Anniversary - April 7-8, 2007-
Leonard Allen, Chairman of Deacons
National Public Safety Telecommunicator's Week - April 8-14, 2007-
Rose Zalewski, Communications Supervisor
National Library Week - April 15-21, 2007 and National Library Workers'
Day - April 17, 2007 - Mary Rodne, Library Director
PLAQUE
Robert McCormick - In recognition of service on the Planning and
Zoning Commission
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-07-2823
4a Approval of the minutes of the regular City Council meeting of March 20,
2007
4b Approval of the Colleyville Trails and Sidewalks Committee
recommendations for the FY 2006-07 sidewalk construction
4c Approval of a bid award for renovation of softball fields at City Park to
Sports Field Solutions, in an amount not to exceed $60,000.00, and
authorize the City Manager to execute the contract
City of Colleyville
Page 2
Printed on 3/30/2007
City Council
Agenda
April 3, 2007
4d Approval to establish a Senior Center Open Space Master Plan
Committee
4e Approval of a donation of up to $10,000.00 from the Colleyville Soccer
Association for a lightning detector system at Pleasant Run Park
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-07-1614 Approval for a Special Use Permit for alcohol sales on Lot AR of the
E.M. Thompson Subdivision located at 5224 Colleyville Boulevard, Case
Z-07-003
5b 0-07-1615 Approval to declare unopposed candidates in the May 12, 2007, General
Election elected to office and canceling the election
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-07-1616 Approval to amend and replace Ordinance 0-90-797 providing for the
Records Management Program
7. RESOLUTION(S):
READING AND PUBLIC HEARING
7a
R-07 -2824
Consideration of appointments to the Celebrate Colleyville Steering
Committee
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
9. REPORTS:
Library Board Minutes - February 12, 2007
Planning and Zoning Commission Minutes - March 12, 2007
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 3, 2007 -
Reading and Public Hearing - Resolution R-07-2825
11. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
March 30,2007, by 5:00 p.m.
City of Col/eyville
Page 3
Printed on 3/30/2007
City Council Agenda
~~~
City Secretary
April 3, 2007
Any matter on this agenda may, at the discretion of the governing body, be opened for public
comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Col/eyville
Page 4
Printed on 3/29/2007
FY 2006-07 Street Resurfacing Program
City participation on County overlay of streets
Pavement milling & asphalt overlay
Micro-resurfacing
Subgrade stabilization & asphalt overlay
Total
FY 2007-08 Street Resurfacing Program
Assumption: Previous year's funding level
Additional cash balance
Total of available funds
Expenditures:
City participation on County overlay of
Plantation Drive & Saddlebrook Drive
Pavement milling & asphalt overlay
Micro-resurfacing
Subgrade stabilization & asphalt overlay
Total
*Equivalent labor costs absorbed by County: $301,272
$239,000
197,000
128,000
236,000
$800,000
$800,000
200,000
$1,000,000
$420,000*
200,000
140,000
240,000
$1,000,000
MEMORANDUM
Date:
03, April 2007
From:
Jimmy Brock, Street Superintendent
To:
Steve Chutchian, Director of Public Works
Subject:
Proposed Tarrant County Street Rehabilitation Project Estimates 2008
Saddle Brook Drive- From Bedford Road to Brown Trail
. Complete in Place for the sum of: $ 163,000
Plantation Drive N&S- From 112 Plantation Drive North to Bedford Rd.
. Complete in Place for the sum of: $ 259,000
Total Material Cost by City: $420,000
Equivalent County Labor Cost: $301,272
TARA PLANTATION
RESIDENTIAL SEGMENT LENGTH COST PER
STREET NAME CLASSIFICATION NEIGHBORHOOD PER FOOT FOOT TOTAL COST TYPE OF PAVEMENT RECOMMENDATION
GREEN WAY CT RESIDENTIAL TARA PLANTATION 400 $86 $34 400 ASPHALT 2" Mill and Ovenay
6" Slabilization and
PLANTATION CT. RESIDENTIAL TARA PLANTATION 450 $107 $48,150 ASPHALT Ovenay
6" Stabilization and
CREST CT. RESIDENTIAL TARA PLANTATION 460 $107 $49 220 ASPHALT Ovenay
CREST OR. RESIDENTIAL TARA PLANTATION 1500 $86 $129000 ASPHALT 2" Mill and Ovenay
6" Stabilization and
FAIRHILL CT. RESIDENTIAL TARA PLANTATION 300 $102 $30 600 ASPHALT OvenaY
6" Stabilization and
TRAIL BEND RESIDENTIAL TARA PLANTATION 383 $107 $40 981 ASPHALT Ovenay
MAGNOLIA CT. RESIDENTIAL TARAPLANTATlON 440 $83 $36 520 ASPHALT 2" MUI and Ovenay
6" Stabilization and
TARA RESIDENTIAL TARA PLANTATION 600 $107 $64 200 ASPHALT Ovenay
6" Slabilization and
BUTLER CT. RESIDENTIAL TARA PLANTATION 600 $107 $64 200 ASPHALT Ovenay
6" Stabilization and
COPPER WOOD CT. RESIDENTIAL TARA PLANTATION 540 $107 $57 780 ASPHALT Ovenay
SAVANNA CT. RESIDENTIAL TARA PLANTATION 300 $86 $25 800 ASPHALT 2" Mill and Ovenay
WOOD CREEK CT. RESIDENTIAL TARA PLANTATION 380 $86 $32 680 ASPHALT 2" Mill and Ovenay
ASHLEY CT. RESIDENTIAL TARA PLANTATION 680 $86 $58 480 ASPHALT 2" Mill and Ovenay
SCARLET CT. RESIDENTIAL TARA PLANTATION 350 $86 $30 100 ASPHALT 2" Mill and Ovenay
ELMWOOD CT. RESIDENTIAL TARA PLANTATION 452 $86 $38 872 ASPHALT 2" Mill and Ovenay
TOTAL $740,983
SADDLE BROOK SUB DIVISION
RESIDENTIAL SEGMENT LENGTH PER
STREET NAME CLASSIFICATION NEIGHBORHOOD FOOT COST PER FOOT TOTAL COST TYPE OF PAVEMENT RECOMMENDATION
INWOOD LN. RESIDENTIAL SADDLEBROOK 1117 $79 $143 543 ASPHALT 2'" Mill and Overta
RODEO RESIDENTIAL SADDLEBRooK 980 $79 $77 420 ASPHALT 2" Mill and Overlav
MOCKINGBIRD RESIDENTIAL SADDLEBRooK 1170 $79 $92 430 ASPHALT 2" MiD and Overtav
BRIAR RIDGE DR. RESIDENTIAL SADDLEBROOK 780 $102 $79 560 ASPHALT 6" Stabilization and Overlay
SOUTH WOOD EAST RESIDENTIAL SADDLEBRooK 900 $79 $71100 ASPHALT 2" Mill and Over1av
SOUTH WOOD WEST RESIDENTIAL SADDLEBROOK 880 $79 $69,520 ASPHALT 'X' Mill and Overtsv
SUMMER TREE CT. RESIDENTIAL SADDLEBRooK 134 $79 $10586 ASPHALT 2" Mill and Overlav
WILLCREST CT. RESIDENTIAL SADDLEBRooK 300 $79 $23 700 ASPHALT 2"' Mill and Overlav
SHADOW RIDGE DR. RESIDENTIAL SADDLEBROOK 1130 $79 $89 270 ASPHALT 2" Mill and Overta
HIDDEN VALLEY CT. RESIDENTIAL SADDLEBRooK 400 $79 $31,600 ASPHALT 2" Mill and Overlav
NORTH HAVEN DR. RESIDENTIAL SADDLEBROOK 362 $79 $28,598 ASPHALT 2" Mill and Overlav
GREEN MEADOW
EAST RESIDENTIAL SADDLEBROOK 950 $102 $96,900 ASPHALT 6" Stabilization and Overlav
GREEN MEADOW
NORTH RESIDENTIAL SADDLEBROOK 960 $102 $97,920 ASPHALT 6" Stabilization and Overlav
GREEN MEADOW
WEST RESIDENTIAL SADDLEBROOK 810 $102 $82.620 ASPHALT 6" Stabilization and Overlav
BROOK HOLLOW DR.
EYE BROW ONLY RESIDENTIAL SADDLEBRooK 143 $79 $11,297 ASPHALT T Mill and Overtav
HUNTERS GLEN CT. RESIDENTIAL SADDLEBRooK 200 $79 $15 800 ASPHALT 2" Mill and Overta
CHIMNEY ROCK CT. RESIDENTIAL SADDLEBRooK 200 $79 $15800 ASPHALT 2" Mm and Overtav
TOTAL $1,037,664
STREET RECONSTRUCTION
RESIDENTiAl SEGMENT LENGTH COST PER TYPE OF PAVEMENT
STREET NAME CLASSIFICATION BLOCK NEIGHBORHOOD PER FOOT FOOT TOTAL COST Recommendation
CHAPELWQOO DR W RESIDENTIAL WOOOBRIAR 830 $JOO 5249 000 ASPHAlT ~:=~:~:::::Vf~eplaC~~c;': and
CHAPElWOOD CT. RESIDENTIAl WOODBRIAR 225 $300 $67 500 ASPHALT ~U::=':m~:~:;:Vr~~~C:: and
BRENlWOOD OR RESIDENTIAl WOODBRIAR 830 $300 $249000 ASPHALT ~~~a:':n~:e~~/eptaceemeCU: and
BRENTWOOO CT. RESIDENTIAl WOOOBRlAR 820 <300 $186000.0 ASPtw...T ~~=:"m~::r~mC::and
6" stabiIi:zation remove and replace concrete
COACHMAN RESIOENTlAl 4100to"115 BRIOLEWOOO 850 $400 $280 000 CONCRETE Yemeni
ELM RESIDENTIAl 404 to 5204 RUSne OAKS 800 'JOG $240 000 ASPHALT ~~':tr-:~~r~~c;n~ and
APPlE VAllEY RESIDENTIAL RUSTIC OAKS .... $300 $13' 000 ASPHALT ~~~==f~rr:~and
FRONTlER CT. RESIDENTIAl WESTERN TRAIlS ..0 $JOO $288 000 ASPHAlT ~~ar:,~~~r~~c;~~8nd
<255000 ~Iation and overlay with complete utilitv
BETTlNGER RESIDENTlAL BETTINGER PlACE .50 $300 ASPHAlT , enI
WAlLER RESIDENTIAl 61oot06112 HARDAGE RIDGE 350 '400 $140 000 CONCRETE =:.r::::;=c:.~ement and
6" stabilzation remove}.epIace curb and gutter
asphal pavement with complete utility
PEMBROOKE WEST RESIDENTIAl WOODlAND Hft..LS 1500 $350 $525000 ASPHAl. T ~ement
6" &tabiization remove! replace curb and gutter
concIete pavement with complete utility
CENTRAL OR. RESIDENTIAL 800 to 700 .50 $400 $380000 CONCRETE .f!dacement
6" stabizaIion rernr1Ve/ replace curb and gutter:
HIGHlAND =~>MthCOmplet8utiity
KENSHIRE RESIDENTIAL MEADOWS 1390 $400 '556 000 CONCRETE , ...
TOTAL $3 527 500
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All Projects
Tara Plantation Sub-Division
Saddle brook Sub-Division
Street Reconstruction
Stabilize and 2" Overlay
Intersections Summary
Total
$740,983
$1,037,664
$3,527,500
$4,294,410
850,000
$10,450,557
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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: Pre Council
Status: Pre Council
Version: Agenda Date: 04/03/2007 Controlling Body: City Council
Requester: Engineering Agenda No.: PC-1 Final Action:
Department
File Name: Discussion of the proposed Street Capital Improvement Work Plan with the Capital
I mprovement Plan Committee
Attachments: Street Capital Improvement Committee Report Excerpts
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 04/03/2007 City Council
Title
Discussion of the proposed Street Capital Improvement Work Plan with the Capital
Improvement Plan Committee
Explanation
Staff presented a draft work plan for the proposed Capital Improvement Program at the
March 20, 2007 Pre Council meeting. This plan included a tentative schedule of events,
which includes the web site posting of current and recommended street projects, holding a
discussion session jointly with the Capital Improvement Plan Committee, providing avenues
for receiving public input and holding public meetings. The goal of this work plan is to adopt
a formal Capital Improvement Program by early 2008.
The following excerts from the Colleyville Street CIP Committee Report received by City
Council at the January 9, 2007 Pre Council meeting are attached: Executive Summary,
Section 8. Recommended Plan Details, Section 9. Recommended Plan Graphic, Section
10. Tarrant County Bond Resolutions and Section 11. Additional Project Details. Members
of the Capital Improvement Plan Committee will be present to discuss the potential CIP
projects, as well as alternative financing methods.
City of Colleyville
Page 1
Printed on 3/28/2007
Colleyville Street CIP Committee Report
Executive Summary
The Colleyville Street Capital Improvement Plan committee has developed a plan to
address the City of Colleyville's roadway infrastructure needs. The committee utilized
reports prepared by city staff, a telephone survey; and public meetings in developing the
plan. The plan recognizes projects that the city has currently planned and funded. The
plan identifies residential street and major intersection projects estimated to cost
approximately 12 million dollars to implement. The committee recommends that the city
hold a bond election and sell bonds to fund the improvements. The table below presents
a brief description of the projects included in the recommended plan.
Pro_iect Description Estimated Cost
Tara Plantation Street Reconstruction or Rehabilitation $1,249,982
Saddlebrook Street Reconstruction or Rehabilitation $1,249,937
Street Reconstruction (Chappelwood Drive, Chapplewood Court, $4,236,500
Brentwood Drive, Brentwood Court, Coachman, Elm, Apple Valley,
Frontier Court, Bettinger, Waller, Pembrooke West, Central Drive,
Kenshire)
Street Rehabilitation (Acuff, Black, Woodcrest Lane, Woodcrest Court, $4,294,410
Cottage Oak Lane, Ponderosa Street, Cliffwood, Maplewood Trail,
Shadow Wood Trail, Shadow Wood Road)
Intersection Improvements: $850,000
Glade at Riverwalk - Turn Lanes
Glade at Pool- Roundabout
McDonwell School at Westcoat - Turn Lanes
Total $11,880,829
The committee has also identified additional projects that will address safety and
congestion concerns throughout the city. These projects address issues on Bransford
Road from Glade to Shelton, Cheek Sparger from Brown Trail to Highway 26, Jackson
from Shenandoah to Cheek Sparger, Tinker Road from SH 26 to Pleasant Run, and
Shelton from Bransford to Pleasant Run. The cost of these projects totals slightly over
$14 million dollars.
These additional projects will improve the safety and congestion levels on our roadways
and are viewed by the committee as an investment in the future of the city. The
committee suggests that the additional projects be pursued when funding is available.
This report was unanimously approved by the members present at our December 7 meeting.
8. Recommended Plan Details
All Projects
Tara Plantation Sub-Division
Saddlebrook Sub-Division
Street Reconstruction
Stabilize and 2" Overlay
Intersections Summary
Total
$1,249,982
$1,249,937
$4,236,500
$4,294,410
$850,000
$11,880,829
TARA PLANTATION
RESIDENTIAL SEGMENT LENGTH COST PER
STREET NAME CLASSIFICATION NEIGHBORHOOD PER FOOT FOOT TOTAL COST TYPE OF PAVEMENT RECOMMENDATION
GREEN WAY CT RESIDENTIAL TARA PLANTATION 400 $86 $34 400 ASPHALT 2" Mill and Oyerlay
6" stabilization and
PLANTATION SOUTH RESIDENTIAL TARA PLANTATION 3137 $107 $335 659 ASPHALT Overlav
6" Stabilization and
PLANTATlON NORTH RESIDENTIAL TARA PLANTATION 1620 $107 $173 340 ASP HAL T Overlay
6" Stabilization and
PLANTATION CT. RESIDENTIAL TARA PLANTATION 450 $107 $48 150 ASPHALT Overlav
6" Stabilization and
CREST CT. RESIDENTIAL TARA PLANTATION 460 $107 $49 220 ASPHALT Overlav
CREST DR. RESIDENTIAL TARA PLANTATION 1500 $86 $129 000 ASPHALT 2" Mill and Oyerlav
6" Stabilization and
FAIRHILL CT. RESIDENTIAL TARA PLANTATION 300 $102 $30 600 ASPHALT Overlav
6" Stabilization and
TRAIL BEND RESIDENTIAL TARA PLANTATION 383 $107 $40 981 ASPHALT Oyerlav
MAGNOLIA CT. RESIDENTIAL TARA PLANTATION 440 $83 $36 520 ASPHALT ? Mill and Overlay
6" Stabilization and
TARA RESIDENTIAL TARA PLANTATION 600 $107 $64,200 ASPHALT OVerlav
6" Stabilization and
BUTLER CT. RESIDENTIAL TARA PLANTATION 600 $107 $64 200 ASPHALT Overlay
6" Stabilization and
COPPER WOOD CT. RESIDENTIAL TARA PLANTATION 640 $107 $57 780 ASPHALT Oyerlav
SAVANNA CT. RESIDENTIAL TARA PLANTATION 300 $86 $25 800 ASPHALT 2" Mill and OVerlay
WOOD CREEK CT. RESIDENTIAL TARA PLANTATION 380 $86 $32 680 ASPHALT 2" Mill and Overlay
ASHLEY CT. RESIDENTIAL TARA PLANTATION 680 $86 $58 480 ASPHALT 2" Mill and OVerlav
SCARLET CT. RESIDENTIAL TARA PLANTATION 350 $86 $30,100 ASPHALT 2" Mill and Overlay
ELMWOOD CT. RESIDENTIAL TARA PLANTATION 452 $86 $38 872 ASPHALT 2" Mlli and Oyerlav
TOTAL $1 249,982
SADDLE BROOK SUB DIVISION
RESIDENTIAL SEGMENT LENGTH
STREET NAME CLASSIFICATION NEIGHBORHOOD PER FOOT COST PER FOOT TOTAL COST TYPE OF PAVEMENT RECOMMENDATION
INWOOD LN. RESIDENTIAL SADDLEBROOK 1817 $79 $143 543 ASPHALT 2" MiA and Ovenav
RODEO RESIDENTIAL SADDLEBROOK 980 $79 $77 420 ASPHAL T 2" Mill and Overtav
MOCKINGBIRD RESIDENTIAL SADDLEBROOK 1170 $79 $92 430 ASPHALT 2" MiU and Dvertav
BRIAR RIDGE DR. RESIDENTIAL SADDLEBROOK 780 S102 S79 560 ASPHALT 6" Stabilization and Over1av
SADDLEBROOK DR. RESIDENTIAL SADDLEBRoOK 2687 $79 S212 273 ASPHALT 2" Mill and Overtav
SOUTH WOOD EAST RESID L SADDLEBROOK 900 $79 S71100 ASP HAL T 2" Mill and Oyertav
SOUTH WOOD WEST AL SADDLEBROOK 880 $79 $69 520 ASPHALT 2" Mill and Overlay
SUMMER TREE CT. IAL SADDLEBROOK 134 $79 S10 586 ASPHALT 2" Mifl and Ovel1av
WILLCREST CT. RESIDENTIAL SADDLEBROOK 300 $79 $23 700 ASPHALT 2" MiD and Overlay
SHADOW RIDGE DR. RESIDENTIAL SADDLEBROOK 1130 $79 $89 270 ASPHALT 2" Mill and overtav
HIDDEN VALLEY CT. RESIDENTIAL SADDLEBROOK 400 $79 $31 600 ASPHALT 2" Min and Overla"
NORTH HAVEN DR. RESIDENTIAL SADDLEBROOK 362 $79 $28 598 ASPHALT 2" MiU and Overlav
GREEN MEADOW
EAST RESIDENTIAL SADDLEBROOK 950 $102 $96 900 ASP HAL T 6" Stabilization and Overlav
GREEN MEADOW
NORTH RESIDENTIAL SADDLEBROOK 960 $102 $97 920 ASP HAL T 6" Stabilization and oyartav
GREEN MEADOW
WEST RESIDENTIAL SADDLEBROOK 810 $102 $82 620 ASPHALT 6" stabilization and Overlay
BROOK HOLLOW DR.
EYE BROW ONLY RESIDENTIAL SADDLE BROOK 143 $79 $11297 ASPHALT 2" Mill and Overtav
HUNTERS GLEN CT. RESIDENTIAL SADDLEBROOK 200 $79 $15 800 ASPHALT 2" Mill and Overtav
CHIMNEY ROCK CT. RESIDENTIAL SADDLEBROOK 200 $79 $15 800 ASPHALT 2" Mill and overlav
TOTAL $1 249 937
STREET RECONSTRUCTION
RESIDINTlAL SIQMENT LENGTH COST PER TYPE OF PAVEMENT
STREET NAME CLASSIFlCAnON BLOCK NEIGHBORHOOD PER FOOT FOOT TOTAL COST Recommendation
6" stabilization and overlay replace curb and
CHAPEtWOOD OR. W. RESIOENTIAL WOODBRIAR '" $300 $249000 ASPHALT utter wtth taMplele ulllltV ,entacement
567500 6" siablllzallon and overlay replace curb and
CHAPElWOOD CT. RESIDENTIAL WOODBRIAR '" $300 ASP HAL T utt.r wHh com"l.t, utilItY replacement
6" stabilizatIon and ovenay replace curb and
BRENTWOOD DR RESIDENTIAL WOOOBRIAR ". $300 $249' 000 ASPHALT uller with camnle'e ulillt" r. faUMenl
'30. 6" stabilization and overlay replace curb and
BRENTWOOD CT. RESlOENTlAl WOODBRIAR 62. $186000.0 ASPHALT l1I1er wtth comnlsl. ulIIRV re lacamant
6" sh1blllZallon remove and replace concrete
COACHMAN ReSIDENTIAL 4100104115 BRIOLEWOOO 6'. $400 $260000 CONCRETE ,vement
~240 000 6" s1ilblllzatlon and overlay replau curb and
ELM RESIDENTIAl. 404 to 5204 RUSTIC OAKS 8.. $300 ASPHAlT utter with comralete utllltv re lacement
6" stabilization and ovef1ay replace curb and
APPLE VAllEY RESIDENTIAL RUSTIC OAKS ... $300 $132000 ASPHALT utter with com"lete utilnv: fe Ilcement
6" s1ablllzation and overlay replace curb and
FRONTIER CT. RESIDENTIAL WESTERN TRAILS ". $300 $288 000 ASPHALT utterwilh comnlele ulllllv re lacemenl
6" stabilization and OV1!r1ay wIIh complete utility
BETTINGER RESIDENTIAl BETTINGER PLACE 3190 $300 $957000 ASPHALT re"lacement
'... ~140 000 6" stablllzallon removel replace curb and gutter
WALLER RESIDENTIAL 6100106112 HARDAGE RIDGE 35. CONCRETE and renlace with concrele Davement and
6" stabilization removel replace curb and gutterl
asphall pavement wtIh complele utility
PEMBROOKE WEST RESIDENTIAl WOODLAND HILLS 1500 $350 $525000 ASPHALT re':'laument
6" ~ablllzallon removel replace curb and gullerl
concrele pavemenl with complele utility
CENTRAL OR. RESIDENTIAL 80010700 95. $400 $380000 CONCRETE reolacement
6" slablllzation removel replace curb and gullerl
concrele pavemenl wtIh complete utility
KENSHIRE RESIDENTIAL HIGHLAND MEADOWS 1390 $40. $556000 CONCRETE renlacement
TOTAL $4 229 50.
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10. Tarrant County Bond Resolution
RESOLUTION R-05-2583
A RESOLUTION SUPPORTING THE TARRANT COUNTY BOND ELECTION AND
IDENTIFYING THE PROJECTS THE CITY OF COLLEYVILLE WILL SUBMIT FOR
CONSIDERATION
WHEREAS, the City of Colleyville is dedicated to the improvement of its streets and
trail systems; and
WHEREAS, by improving the infrastructure, the citizens' quality of life will be
enhanced; and
WHEREAS, the City of Colleyville supports the Tarrant County Bond Election; and
WHEREAS, the City of Colleyville will be submitting (11) eleven projects for
consideration; and
WHEREAS, the City of Colleyville has matching funds in the amount of 50% of the
overall cost of each project submitted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec, 1.
THAT the City of Colleyville submits the following projects for
consideration to Tarrant County:
Sec. 3.
1 ) ,Jackson Road and Cheeksparger Road intersection improvements
2) Church Street realignment
3) John McCain Road and Pleasant Run Road intersection improvements
4) . Bogart Street improvements
5) .Glade Road and Pool Road intersection improvements
6) Martin Parkway and Cheeksparger Road intersection improvements
7) Pleasant Run Road Hike and Bike Trail - Phase I
8) Pleasant Run Road Hike and Bike Trail - Phase II
9) Thompson Terrace Trail
10) Big Bear Creek Trail Extension
11) Park-n-ride Feasibility Study
THAT the City of Colleyville has committed a 50% funding match for each
project submitted.
THAT the City of Colleyville project list and funding commitment is hereby
approved.
Sec. 2.
Resolution R-05-2583
Page 2 of 2
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF 4 AYES, 0 NA YS AND 0 ABSTENTIONS ON
THISTHE/~~ OAYOF OJL4( 2005.
~~fM
Cynthia Singleton, TRMC
City Secretary
CITY OF COLLEYVILLE
tba.4Q-~-
David KellY' ,
Mayor
11. Additional Project Details
Proposed Street Reconstruction Estimates
Typical Asphalt Section: Major Collector wI bar ditches
Complete utility replacement
SEGMENT LENGTH COST PER TYPE OF
STREET NAME CLASSIFICATION BLOCK PER LINEAR FOOT FOOT TOTAL COST PAVEMENT
BRANSFORD COLLECTOR Glade to Shelton 5738 $480 $2 753 280 ASPHALT
Brown Trail to Hwy
CHEEKSPARGER COLLECTOR 26 3.800 $500 $1.900.000 ASPHALT
Shenandoah to
JACKSON COLLECTOR CheeksDaraer 2.869 $1 900 $5.071.100 ASPHALT
TOTAL $9 724 380
Typical Asphalt Section. Local Street wI bar ditches
Complete utility replacement
SEGMENT LENGTH COST PER TYPE OF
STREET NAME CLASSIFICA nON BLOCK PER LINEAR FOOT FOOT TOTAL COST PAVEMENT
RESIDENTIAL Bransford to
TINKER Pleasant Run 3.547 $300 $1064.100 ASPHALT
RESIDENTIAL Bransford to
SHELTON Pleasant Run 2,009 $300 $602,700 ASPHALT
TOTAL $1 686.800
Contingency
25%
Total
$11,391,180
$2,847,795
$14,238,975
Proposal for
Refuse & Recyclable
Collection Program
Understanding the
Garbage Business
Volume of Collection
Indicator
Pounds/home
Homes/hour
Colleyville
72
Bl
The current service level requires
a $10.79 residential billing to
meet the demand for more
workers & equipment
Unique Opportunity
Staff finalizing Request for Proposal documents
!ES! expressed interest to renew contract
Duncan negotiates directly with South lake
Council supports Mayor and staff meeting
with !ES! ~
Meetings results in competitive pricing ~
and services by !ES!
Work Plan
Year
FY 2006
Completed Activity
Collected and reYiewed service contracts
Researched "Best Practice" cities for innoyations
Evaluated operational components of industry
FY 2007
Conducted Council work sessions
Completed a citywide opinion survey
Receiyed input from KCB committee
Hosted industry roundtable & Yisited with companies
Prepared model contract & rate analysis scheduie
Rate Management Options
,... Adopt higher than average customer rates
II- Encourage yard waste reduction program
,... Spread collection load to increase efficiencies
II- Limit volume of bulky items per collection
II- Expand the number of days for refuse collection
1
Model Contract
Contract Services
· Residential
. Refuse
. Yard Waste
. Bulky Items
. Recycling
· Commercial & Industrial
· Hand pickup
. FrDntload containers
. Roil Off containers
Citizen Input
Evolution of Contract
. DeSoto
· Cedar Hill
. South lake
· Colleyville
October, 2003
February, 2006
March, 2007
Modified model contract
Colleyville s Version
./ No automatic rate adjustments
./ Separation of franchise & local fees
./ Limit of six lawn woste bags per collection
./ Yard waste reduction and enhanced recycling progroms
./ Monetary fine for not resolving Q customer complaint
./ Str; ct employment standords
./ Enhanced maintenance vehicle requirements
./ Non commingling of refuse-recyclables
./ No mediation/arbitration clauses
Customer Survey
Waste Management extended a complimentary offer to
use CDileyviile to measure key refuse cDilection indicators
among our residents
June
August
November
February
March
Waste Management proposed conducting a survey
Council briefed in partnering for survey
Ray Turco & Associates completes the suryey
Survey results discussed with the Council
Staff reviews survey with KCB committee
2
Customer Recognition
!ES!
Duncan
A11~
0% 20% 40% 60% 80% 100%
10 Very Positive 0 Positive 0 ~
NOTE: CWO was not included in the survey
Customer Views of IESI
Philanthropy
Trucks
Workers
Service
Quality
Recycling
0% 20% 40% 60% 80% 100%
i D Excellent D Good 0 Fair [J Poor D Unsure I
Collection Schedule
Refuse
Time
7:00 a.m. to 7:00 p.m.
Days
Monday and Thursday
Tuesday and Friday
~
Recycling
Time
7:00 a.m. to 7:00 p.m.
Day
Thursday or Friday
Citizen Satisfaction
./ 32% of customers consider $8/month a great value
./ 89% always use twice a week collection
./ 77% participate with recycling program
./ 18% always use bulky item collection
./ 86% sometimes use bulky item collection
./ 82% cut and bundle brush for collection
./ 7% had any probiems with collection
./ 56% were very satisfied/satisfied with follow up
Rate Review
Twice Weekly Collection
...
...
1
Regular Garbage 6 Grass Bags
~+~
4 Bundled Brush-*Fencing
2 cy Bulky Waste
* NOTE: Fencing cut into 2'x4' section
3
6 Lawn Bags per Collection
n
~' )II
+
Each additional bag charged $0.75. TIle program
would not be implemented until March, 2008
Quarterly Unbundled Material
4 Cubic Yards
Bulky Items,:~sh &. limbs
~.....................~[
~ . .
. . .
.' . . .~
. . .
'. .
. .
1'1.. "
16' 16.
Colleyville Leading the Way
Extra Collections
Customers may pay online for collection of
additional lawn bags, bundles Dr bulky waste
Lawn bags
Bundles
$ 0.75 per bag
$ 2.25 per bundle
Bulky waste
6yd minimum
6 to 10yds
11 to 15yds
.:.~"'.."7"..
~
$ 48.00
$ 85.00
$125.00
Online Payment
Customers will be able to order supplemental collection using
the IE51/City web site. IE51 would receiye a duplicate order
allowing their scheduling the route manager to be alerted for
the special collection service.
Comparing IESI
and Duncan
4
A Tale of Two Contracts
Service IESI Duncan
Backdoor Service d d
Bundled Items d d
Bulky Items · d d
Drop Off Center d 0
Landfill accessibility 0 d
. NOTE: Duncan is contracted to collect only three times per year
while the IESI proposal is four times per year
Holiday Schedule
Holiday
Labor Day
Independence Day
Thanksgiving
Christmas
New Years
IESI
o
d
d
d
d
Duncan
d
d
d
d
d
NOTE: Refuse collection is provided the next working day following a holiday
City Options
State law specifically excludes bidding city service contracts
for public health and sanitation including refuse collection
. Council options
- Extend current refuse collection contract
- Negotiate with an interested proYider
- Solicit Request for Proposals
- Receive formal bids
Residential Services
Item IESI Duncan
Franchise Fee 8% 10% plus local fees
Unbundled Items 4 times 3 times
Set out of lawn bags Limit six' No limit
Complaint Fine $100 None
Refuse/Recycling $9.87 $10.25
* NOTE: 6 bag limit per twice a week collection
Extra's with IESI
" Vehicles never more than 10 years old and removed
from service if determined by the City Manager
" Employees charged w/child sex crimes banned from
working in the City until cleared
" Pass drug/criminal background review
" Adjust rates if implement 96 gallon recycling container
" Labor issues excluded from Force Majeure
" Train drivers to be "eyes and ears" by reporting
criminal activity in neighborhoods to Police Dept.
Staff Recommendation
It is recommended that the Council:
. Proceed with finalizing contract negotiations with !ES!
or in the alternative
. Direct staff to proceed with submitting a Request for
Proposal for refuse collection services. !ES! is aware
of this option in submitting their proposal.
5
Spreading the Word
General Calendar
May
May 1
July
July - August
August
Media press releases
City web site posting
Utility billing insert
Community group presentations
Utility billing insert, customer
door hangers and press releases
Code Red reminder to web site
Start of new contract
August 27
September 1
Awareness Outlets
Local media
City web site
Utility billing insert
Customer door hangers
Direct mailing for each home
Presentations with civic and HOA groups
Discussion
6
CONTRACT FOR REFUSE SERVICES FOR RESIDENTIAL,
RECYCLING, AND COMMERCIAL REFUSE COLLECTION
The CITY OF COLLEYVILLE, a municipal corporation located in Tarrant County,
Texas, hereafter called "City", acting by and through its duly authorized City
Manager, and IESI Corporation, acting by and through its duly authorized officer,
hereinafter called "Contractor", do hereby covenant and agree as follows:
Section I
Non-Exclusive Contract
City hereby grants to Contractor a non-exclusive contit'ft a~e franchise,
hereinafter referred to as "the Contract", to engage in .~.he bu~ifJ~~~>of collecting
and disposing of garbage, brush, debris, bulky items~ibu~dl~~~ bagged, or boxed
bundled items, and refuse within the corporatelimit~'i of the City which is
generated by residential, commercial and Ci.w>p~gpe~i~,~f City also hereby
grants to Contractor a license to use the publiG. stree.~s,/palleys, easements and
thoroughfares within the limits of the City fort~~~urpose of collection and
disposal of garbage, brush, bulky item~jbun9led, bagged, or boxed bundled
items, and other refuse for a period. of fiye>Ye.ars beginning September 1, 2007
and terminating August 31, 2013, with a~.9pti9n to renew for an additional five
year period terminating August 31, 2Q18, subject to the limitations, terms, and
conditions hereinafter specifie.d and contaifJed in the Contract.
Section II
Components of Contract
In addition tothis/eo~titpl1nt, the contract documents shall include the following
document~pane thi~> contract does hereby expressly incorporate the following
exhibits 9~ full>ti3s if~et forth verbatim in this contract:
· Service Contract
· Rate Sheet
· Miscellaneous Rate Sheet
· Performance Bond, and the
· Survey Question
Contractor shall comply with all provisions of the contract documents and no
amendment to this Contract shall be made except upon the prior written consent
of the parties. No amendment shall be construed to release either party from any
obligation of the contract documents except as specifically provided in such
amendment.
Page 1
This Contract is entered into subject to the following conditions:
(A) The Contractor shall procure and keep in full force and effect throughout
the term of this contract all of the insurance policies specified in, and
required by, the contract documents.
(B) The Contractor shall not be liable for the failure to perform, in whole or in
part, the Contractor's duties if such failure is caused by catastrophe, riot,
war, governmental order or regulation, fire, accident, or other Cl~t of God.
Specifically excluding however work related disputes, strikes,... slowdowns,
stoppages, etc.
(C) In the event that any provision or portion of any contfact~~cul}lent shall
be found to be invalid or unenforceable, then such~f.ovislq.n or portion
thereof shall be reformed in accordance with the applicaple Jaws and not
affect the applicability of remaining portions ofthex.CoQtract.
Section
III. Definitions
Wherever used herein, the following listed' terms shall have the following
meanings:
(A) Anniversary Date: September 1,2Q.()7.
(B) Acceptable Brusp: Tree<trimmings that are bundled in lengths no more
than four feet .(f) i9x.lengthand no more than fifty (50) pounds in weight.
In the alternativ~i;/of being bundled, materials may be placed in a
disposabl~!'cPQtainer~
(C) Acs~table~aste: Any and all waste that is solid waste, refuse, or
. . I~~.page including acceptable brush, garbage, yard waste, and
lid waste is defined under the laws of the United States and/or
ft1~N!./~ of Texas and/or the regulations promulgated hereunder, and that
is a~~eptable for disposal in a landfill permitted by the state.
(D)~ontract: The contractual Contract made and entered into by the City and
a Contractor for the collection, transportation, and/or disposal of solid
waste, and/or the collection, transportation, and/or processing of
recyclable materials.
(E) Backdoor Service: All handicapped or disabled customers who have
provided verification to the City Manager, or his designee, from a
physician as to their inability to carry containers to the curbside may place
containers at their front doorstep to be visible from the street or at another
Page 2
location equally convenience to customer as may be determined by the
City Manager, or his designee. Contractor cannot enter or be responsible
for entering garages or behind enclosed fences.
(G) Bin (Residential Recvclinq): Unless otherwise agreed to by City, an
eighteen gallon bin with lid to be provided by Contractor to the residence
consistent with current bins used by City for residential recycling. At the
option of customer, Company shall provide a second bin at no cost. The
City reserves the right to modify the recycling collection and bin size at a
later date either to, at the City's discretion, up to a ninety-~i~ (96)\~allon
bin with wheels and lid to be provided by Contractor to the\~~si~ence t() be
used for residential recycling. Residents who are aged~ixty-fiy~ (65) and
older, may in the alternative at their choice, be proyidec1\ up to two (2)
eighteen (18) gallon bin(s) with lid.
(H) Bulkv Waste: Stoves, refrigerators (with verifi.~ati'r t~$lt CFC components
have been removed by a certified technicictn)'r'at~r tanks, hot water
heaters, washing/drying machines, furniturei;\;!~nc~r~;;materials, and other
waste materials but does not include!Gonst~pction debris, unbundled
brush, dead animals, or hazardous waste./~~~;p>urposes of this definition,
residential fencing is defined as ir;<:i.ividYCil or sections that do not exceed
two feet by four feet and weigh les~ thCi.!1 fifty (50) Ibs"
(I) Bundle: Any limbs, branches, construction materials and other items,
which cannot be plac~dinto dispo~~~le containers but have been cut so
as to not exceed foupfeet in length and the bundle not exceeding fifty (50)
pounds with Iimb~not indi~jciually exceeding six (6) inches in diameter.
(J) City: The CityofColleyville.
(K) Comm~rcial\> ~efuse: All bulky waste, construction debris, garbage,
rubq:i~I1\i!0;anCi"\stable matter generated by a customer at a commercial
pr.\ 'se~
(L)C<>~m~~cial Premise: All premises, locations or entities, public or private,
requiring refuse collection within the corporate limits of the City, not a
resici'ential premise.
(M) Commercial Hand Collection: A commercial premises that generates no
more than one (1 ) cubic yard of refuse per week.
(N) Construction Debris: Waste building materials resulting from construction,
remodeling, repair, or demolition operations, excluding minor home
improvements made by the homeowner not performed by a private
contractor and not to exceed four (4) cubic yards.
Page 3
(0) Container, Commercial: Metal containers supplied by Contractor affording
capacity to service a customer so as to prevent spillage, unsightly and
unsanitary conditions.
(P) Container, Residential: Any closed, water proof, plastic or metal container
or can with a capacity not exceeding thirty (30) gallons; constructed of
plastic, metal, or fiberglass; and having handles of adequate strength for
lifting which is capable of containing garbage or trash without leaking or
emitting odors, and which weighs when loaded fifty (50) Ibs p~less per
container. The mouth of a container shall have a diameter gr~atertt'l~n, or
equal to, that of the base. Container may also be a plasticgarpage b~g or
sack.
(Q) Contract Documents: Shall mean the inclusion of th~ Servjce Contract,
Rate Sheet, Miscellaneous Rate Sheet and the Performarl<:;efi3ond.
(R) Contractor: IESI Corporation
(S) Customer: A residential user, commerc.ial hand collection user, and/or
commercial user who generates refuse.
(T) Debris: All dirt, concrete, rocks, bricks QI" other waste building materials.
(U) Disposal Site: See Landfill.
(V) Garbaoe: All anil'llat;;pr vegetable matter and other non-hazardous
substances fro~\ resideQ~~s, grocery stores, retail establishments,
restaurants, ch~rch~~, and other homes and businesses that do not emit
noxious odor"
(W) Hazardous'~!.ste:8 Solid wastes regulated as hazardous by federal or
stat.~8da~, a~tamended from time to time, concerning the regulation of
h~~ardp~~;~~.~oxic wastes. Examples may include, but are not limited to,
~llf~~ar material, paint, batteries, pesticides/herbicides, oil sludge, and
an~ra~~,oactive, pathological, toxic, acidic, or volatile materials or other
haz~rdous or improper waste, to include rubber, tires, oil, dirt or rock and
ste~';shavings.
(X) Landfill: A facility permitted by the State of Texas to receive refuse.
(Y) Premises: All public and private establishments, including individual
residences, all multi-family dwellings, residential care facilities, hospitals,
schools, businesses, other buildings, and all vacant lots.
(2) Producer: An occupant of a residential premise or commercial premise
who generates refuse.
Page 4
(AA) Recyclable Materials: Commodities collected by the Contractor pursuant
to the Contract documents, which can be sold for processing and use or
reuse including, but not limited to, newsprint, magazines, cardboard
boxes, catalogs, paper products, plastic containers (#1 through #7 PET
and HDPE), glass containers, aluminum cans, metal (tin) cans, and
household paper products to include junk mail, envelopes, cereal boxes,
cardboard, chipboard, and telephone books.
(BB) Refuse: Residential and commercial bulky waste, construction debris, and
stable matter generated at residential or commercial premise~.
(CC) Residential Garbaoe: All garbage, refuse, and rubbish generated by a
customer at a residential premise.
(DD) Residential Premise: A dwelling within the corporatelimit~ of the City
occupied by a person or group of persons c9,p1p~i~in~Jnof more than four
(4) families. A residential premise shall be d~em~d occupied when water
services are being supplied thereto. A!t6n~9mi~;i~m and/or town home
dwelling, whether of single or multi-level~9nst~ftipn shall be treated as a
residential premise and may be billed sepa(~~~JY as a residential premise
on a case by case basis as determiped QyitheCity Manager.
(EE) Roll-off Bin: Container provid~p tO~Ti~ommercial Unit or Industrial Unit by
Contractor measuring 20 cubicyard, 30 yards or 40 cubic yards, intended
for high-volume refus~iigeneratingE9mmercial Units or Industrial Units,
and capable of pickl,Jp>~,nd transport to a landfill by loading of container
onto rear of transporting v~,t'licle, but excluding a compactor.
(FF) Rubbish: Non.0p4trescible solid waste (excluding ashes), consisting of
both comt)4~ti~leT~~d noncombustible waste materials; combustible
rubbis~. incl~p~sT~~per rags, cartons, wood, excelsior, furniture, rubber,
pla~~ie$1Fyarp;i trimmings, leaves, and similar materials; noncombustible
ru~;t)is~)ij~gl~,p~s glass, crockery, tin cans, aluminum cans, metal furniture,
,~~dii)tiife materials which will not burn at ordinary incinerator temperatures
(1€:)Q0<4~grees Fahrenheit to 1800 degrees Fahrenheit.)
(GG)~p~(;;ial Waste: Waste, from a non-residential source, meeting any of the
f~nowing descriptions: (A) a containerized waste (e.g. a drum, barrel,
portable tank, box, pail, etc.) (B) a waste transported in bulk tanker, (C) a
liquid waste, (D) a sludge waste, (E) a waste from an industrial process,
(F) a waste from a pollution control process, (G) residue and debris from
the cleanup of a spill or release of a chemical.
(HH) Solid Waste: All non-hazardous and non-special waste material, including
unwanted or discarded waste material in a solid or semi-solid waste,
including, but not limited to: garbage, ashes, refuse, rubbish, yard waste
Page 5
(including brush, leaves, tree trimmings, holiday ornamental trees, etc.),
discarded appliances, and home furniture and furnishings, provided that
such material must be of the type and consistency to be lawfully accepted
at the Landfill under the applicable federal, state, and local laws;
regulations; and permits governing each.
(II) Stable Matter: All manure and other waste matter normally accumulated
in or about a stable; or any animal, livestock, or poultry enclosure; and
resulting from the keeping of animals, poultry, or livestock.
(JJ) Unacceptable Waste: Any waste, the acceptance and h~;~dli:~g of wDich
by Contractor would cause a violation of any permit,~~nditi,~, legator
regulatory requirement, substantial damage to Contr~ftoF!~\eqUjpment or
facilities, or present a danger to the health or saf~~~ of'lDe public or
Contractor's employees, including, but not Iimi!~d to, .~~~~~{Jous Waste,
Special Waste (except as otherwise provide~/ri~~~il'l~jiunfreated Medical
Waste, Dead Animals weighing ten pounds (;10 Its.)or greater, solid or
dissolved material in domestic sewage,..j;or)~~lid~~dissolved material in
irrigation return flows, or industrial discDarge~; sl,1oject to regulation by
permit, soil, dirt, rock, sand, and other n~l~ral/ or man-made inert solid
materials used to fill land if the obj~~t of the fill is to make the land suitable
for the construction of surface improv~ments.
(KK) Yard Waste: Grass clippings, tree trimmings, yard cleanings, brush,
leaves, etc.
Section IV
Contract Services
Contractor herebY;.ipq~en~pts and agrees to diligently and faithfully perform the
public ser:'ipe,j~nd ~~rk of collecting and disposing of all refuse of residential and
commerpi~1 u~ii!~!~.\lVhich it provides service, as provided herein, within the City.
Thes~.)...~er,:li~es . shall include the furnishing of all labor, tools, vehicles,
eq~ipmel'l;!k l1'il~terials, landfills, insurance, performance bonds, supervision and
all<Qther it~rns necessary to the performance of such work and shall be carried
outin;4r~i,anner, at the times, and in the locations and at the prices specified in
the cont.ract documents, and shall be subject to inspection and approval of the
City Manager, or his designee.
Section V
Fees and Rates
Contactor shall obtain information concerning the conditions at locations that may
affect its performance of work. Contractor accepts that quantities of the number
Page 6
of residential, recycling and commercial unties provided by City are strictly
estimates. In evaluating and determining the base value of the Contract,
Contractor is responsible to survey the city for use in preparing the proposal and
as such, is encouraged to utilize its own or other estimates and to provide fro
growth or shrinkage factors.
(A) Billing Rate: The rates to be charged by Contractor for refuse collection
through September 1, 2008, will be those set forth in Exhibit "A", the Rate
Sheet, as modified from time to time as set forth and incorporated herein
for all purposes. These rates will be binding and consider~~ part~f the
Contract and may be modified by Resolution as approv~d~y the~ity.
Contractor shall assist City in calculating additional billing rate for
environmental and beautification programs, franchise fees'f.:}tc.
a. Modification of Billing Rate: Contractor shall mai~tt3jg.$uch rates as
shown in Exhibit "A" until at least August 31,20Q8. <Annually thereafter,
the rates shown in Exhibit "A" may be adjoste(j annually as provided
herein and in accordance with the Contrac:::t, subject to the contractor
providing written notice as provided hereir to the City at least ninety (90)
calendar days in advance of the anniversary date, the intent to adjust rate.
1. Qualifications for Base Rat.e AdjUstrl1Emt:
Base rate adjustments forchan~/~sin the (i) Consumer Price Index for
All Urban Consumers (CPF..U), for the Dallas-Fort Worth, Texas Area
(as defined below) and (ii) Fl.Jf.:}1 Index (as defined below) will be
considered by the City no more than once per year during the term of
the Contract,\iduring .tp.e month of August of each contract year.
Contractor .J1"lLJst receive approval from the City for such Base Rate
adjustment,ivypich approval shall not be unreasonably withheld.
ContraQtor's reqOest for an adjustment in the Base Rates for increases
in the CPI and.the Fuel Index shall be calculated as follows:
(~) GPI-U Component -
Contractor shall first calculate the percentage of change in
the Consumer Price Index (CPI-U), Dallas-Fort Worth,
Texas; All Items Less Energy; Base Period 1982-84=100,
Not Seasonally Adjusted, published by the United States
Bureau of Labor Statistics, Consumer Price Index (the "CPI")
between the published final June CPI index of the then
current year and the published final June CPI index of the
immediately preceding year (the "CPI Component"). In the
event the U"S. Department of Labor, Bureau of Labor
Statistics ceases to publish the CPI, the parties hereto agree
to substitute another equally authoritative measure of
change in the purchasing power of the U.S. dollar as may be
then available so as to carry out the intent of this provision.
Page 7
(b) Fuel Component -
Contractor shall also calculate the percentage of change in
the cost of diesel fuel during the prior twelve (12) month
period, using the weekly average price of diesel fuel, as
determined by reference to the Energy Information
Administration of the U.S. Department of Energy
("EIA/DOE")'s Weekly Retail On Highway Diesel Prices for
the Gulf Coast, published on the last Monday of each May of
the Contract Year ("Fuel Index"). The EIA/DOE currently
publishes these prices on their website at the following
location: www.tonto.eia.doe.qov/ooq/info/wohdb/diesel;8sP.
Contractor shall calculate the percentage of change in. the
price of diesel fuel between the averag~price of giesel fuel
from the aforesaid website published for/the la~t Monday of
May of the then immediately prior year<i(thei "Initial Fuel
Base") and the average pric~i(j{. di~selfuel from the
aforesaid website for the 52 weeks period immediately prior
to the last Monday of May of the curr~nt year (the average
being calculated by addingtogeth~r toe weekly fuel price for
each of the 52 prior weeks, diyideg by 52) (the "Current Fuel
Base"). The Initial Fu~1 Bas~iutilized for May of 2007 shall be
$00.00 per gallon. ThEtp~rcentage change in the Initial Fuel
Base and Current Fu~IBase shall be multiplied by 13%, and
the product thereof shall be the "Fuel Adjustment
Compon~nt. "
(c) Su~~lemental,Component-
C~mtrac:tor may petition the City, not more then once per
yea~>/following the completion of the initial year, for
~eJ.ustfl1ents to reimburse the Contractor for the reasonable
5~St~i> to Contractor of any capital and/or operating
.... ~xpenditures including taxes, fees and surcharges required
qr imposed solely by federal or state law, regulation, rule,
or permit condition, that was not imposed because of
the action or inaction of the Contractor. Determination of
such supplemental request for Base Rate adjustment shall
be at the sole discretion of the City.
2. City Decision:
The City shall, within forty-five (45) days after Contractor's request
for a Base Rate adjustment, advise Contractor of its approval or
disapproval of an increase in the Base Rates effective as of
September 1 of the then current year. If the City fails to render its
decision within such forty-five (45) day period, the request shall be
deemed approved. However, the City may provide, by written
notice to Contractor, of an extension of the forty-five day
Page 8
requirement for an additional thirty (30) day evaluation period. The
City's approval of Contractor's request for an increase in the Base
Rates for a CPI-U/Fuel Components, as calculated above, shall not
be unreasonably withheld. However, the decision by the City for a
Supplemental Component billing rate adjustment shall be at the
sole discretion of the City.
(B) Franchise Fee: For and in consideration of the City granting Contractor a
Contract within the city limits for commercial and residential refuse
collection, the City shall independently establish a franchise f~e,separate
and apart from the Contractor cost for refuse colleQtiOI1 serVices,
calculated pursuant to:
(1) Residential Billing: The City is hereby designateg as<the billing and
collection agent for the residential refuse servi~.es provi9~~/;herein. The
City will levy 8.0 percent (8.0%) for each cu~tom~r i:)illing as payment of
the portion of the franchise fee due and owing on <residential billings. The
City agrees to provide Contractor with a Qom~~terp~intout establishing the
amount of the residential billings by the <:;ity eqch<month, said printout to
be provided and any amounts due to Contrq~t~f to be paid to Contractor
no later than the twentieth (20) day.pf mOl1th following the month billed.
(2) Commercial Billing: C()ntra~~~r~hall be responsible for billing and
collection of funds for commerc.ial refuse services. Contractor agrees to
provide the City with a computer<R~intout and computer data file in a
format acceptable to City for each customer served, the name of each
customer, the typ~ of contf}iner serviced, the frequency of collection, the
location of ea~~ cOrnmercial container, and the total dollar amount per
account serviced\ by Contractor each month and the total dollar amount
collected ~~(;Qrnontr, said information and the 8.0 percent (8.0%) of the
total dollar~m~untcollected for the month franchise fee to be provided to
the..i~ity,not~ter than the twentieth (20) day of the month following the
month collected.
(C).;.A.U~it:<;;~ither Contractor or the City may request an audit of all refuse
relat~d account records by the respective independent audit firm then
.~n~9ged by either at the time of the request. Such audit shall be at the
expense of the party requesting same unless the audit results in a credit
or payment due of one thousand ($1,000) dollars or more to the party
requesting the audit in which case the cost of the audit will be paid by the
non-requesting party. Further, documentation of billings will be provided
to the City or Contractor upon request by the other party.
Page 9
Section VI
Contractor's General Duties and Obligations
It shall be the duty and obligation of Contractor to perform the following services:
(A) The Contractor, at its sole cost and expense, agrees to furnish all trucks,
equipment, machines, landfill and labor which are reasonably necessary
to adequately, efficiently, and properly collect and transport garbage from
accounts serviced by Contractor in accordance with this Contract. In no
event will the average age of the trucks assigned to this contract be older
than ten (10) years. Collection of garbage shall be made'l.(sing sepled
packer-type trucks, and such equipment shall not be...~.I.lbwed;tto leak or
scatter any waste within the limits of the City nor whileip route to the
disposal site"
(8) Due to the street size variations in the CitY'Jt'1e\f~ontractorshall provide
equipment that will accommodate such publicstre~ts and alleys. Special
collections shall be made using appropripte~quiPir7flt. Damage caused
by collection equipment such as spillage.broken ~utbs or sidewalks, and
mail boxes shall promptly be repaired or. replaced at the Contractor's
expense. Contractor shall not we?,~e frol1'lcl.Jrbto curb, drive in the middle
of the road, or apply severe brakil'lg during routes through residential
streets to prevent damage to il"lf~~st{ucture and for safety reasons.
Contractor will train drivers to protect City streets and not make sudden
braking stops that will damage street surfaces.
(C) All motor vehicle.~fusedih<.performance of the obligations herein created
shall be c1earl~sma~~ed with the Contractor's name, telephone number,
and unit number<'\l~gible minimally from one hundred fifty feet (150'). All
vehicles a~qi<78uip~i7nt shall be of a uniform color, and the exterior of the
vehicle anq;!e9~ipl1'l.ent shall be in good condition. No advertising, except
the 99rt1l~an~i1ogo, shall be permitted on vehicles. All collection equipment
s~~lr b~~t<~aiil!pined in a safe and efficient working condition throughout
~he'\f$~pnofitlie Contract. Such vehicles shall be maintained through a
re~Mla~i.<preventative maintenance program and painted as often as
nec~i~sary to preserve and present a well-kept appearance. Vehicles are
to .~~ washed and disinfected on the interior and exterior on a monthly
Q~sis or as reasonably requested by the City. Vehicles shall be
reasonably maintained and free of dents, abrasions, or cosmetic damage.
(0) Garbage collection vehicles and recycling collection vehicles shall be
clearly distinguishable from one another. In the event that one vehicle is
used to serve the other purpose, a clearly visible sign should be affixed to
the vehicle to inform residents that the refuse or recycling materials are
going to the proper place. The Contractor shall furnish the City a list of all
equipment to be used fulfilling the Contract and shall update that list as
Page 10
equipment changes and as may be requested by the City. At no time shall
the Contractor commingle garbage and recycling materials.
(E) The City may inspect the Contractor's vehicles at any time to ensure
compliance of equipment with the Contract and if found non-compliant
may require that the equipment be removed from City service and
replaced prior to the next scheduled service with a different vehicle or the
deficiencies corrected to the reasonable satisfaction of the City.
(F) Contractor will dispose of in a legal manner, all garbage, ~fush;~~bris,
bulky items, bundled or boxed bundled items, and other refuse collected.
(G) Contractor agrees to establish daily routes and spedc)ls~~edLJI~s for the
collection of garbage, brush, debris, bulky items'<i9undl~p or boxed
bundled items, and other refuse as necessary t~..fulfill t~er~~uirements of
this Contract. The City shall reasonably(&(ap~rove all routes. The
Contractor shall submit any proposed changel? in tpe routes to the City for
approval, which shall not be unreasona~IY(VYithheJR.;The City shall have
the right to require alteration of service tOflny p~rmises where unsightly or
unsanitary conditions have resultedfr:prl'l/( inadequate commercial
containers or an insufficient number of collections.
(H) Contractor agrees, at its oWrT(exp~Dse; to maintain a toll-free telephone
number and to provide that teJ~phones be answered from 8:00 A.M. to
5:00 P"M., Monday t~rough Fridfl~;< and 8:00 A.M. to 12:00 P.M. on
Saturday, exdudingHqlidays defined herein in Section VI(m), for the
purpose of han2Jing comp(laints and other calls regarding solid waste
and/or recycla91e cqjlectiorliservice. During these hours, a mechanical
answering . machi~r may not be used. Contractor may, however, use a
mechanicaj(~llSweriJlg machine to take messages at all other times.
(1 )< .?T;~e Cghtractor shall keep competent personnel in the office during
thr;tirl'l..~.~bri~ffice is required to be open to the public, and the office
per~~melshall have authority to represent the Contractor in its relations
wit~. the public.
(2~.i The Contractor shall also provide the City a telephone number by
which the Contractor can be contacted for after-hours' emergencies.
(3) The Contractor shall keep and maintain in the office a daily log in
both electronic and paper form in a format acceptable to City of all the
service calls and complaints, and shall show the nature .of the call
complaints or communication and nature and time of the disposition
thereof by the Contractor. The City shall have the right to inspect the daily
log at any reasonable time.
Page 11
(I) Contractor shall consistently and continually establish and maintain an
authorized Managing Agent and shall designate, in writing, to the City
Manager the name, telephone number, and address of such agent upon
whom all notices shall be served by the City and to whom complaints
received from citizens of the City may be directed.
(J) Contractor shall assign one supervisory level employee to oversee
Contractor's operations in the City. Contractor agrees that if the
supervisory level employee normally assigned to the City is scb~duled off
work then Contractor will assign a substitute supervisory e~ploYe~ who
will have the same responsibilities as the regularly assig~edi')~upervi~ory
employee. The City Manager, or his designee, will be giy~n th~\name ~nd
contact information of the supervisor so assigned and'rill~~~e tb\~ righfto
contact the supervisor directly should the need arisfi}: T~~ supervisor
assigned to the City will be available to respond within tWphqurs to issues
that may arise.
(K) Contractor shall employ sufficient nUrT)ber's)/ofirT)ployees to meet its
obligations under this Contract and>~mpl~,y\Yonly superintendents,
supervisors, and workers who are careful'C:~rT)~etent and fully qualified to
perform the duties or tasks as~i~ned/to them and shall secure the
summary dismissal of any person orp~fsons employed by Contractor in or
about or on the work who shallmisp9noyct themselves or be incompetent,
disrespectful, intemperate, dishonest, or otherwise objectionable or
neglectful in the proper performahc:~ of their duties or who shall neglect or
refuse to comply withOtcarry out thefdirections of Contractor. All workers
shall have suffic,i~nt skill,i~bility, and experience to properly perform the
work assigned ,to th~m and operate any equipment necessary to properly
carry out the performance of their assigned duties. Contractor shall
perform drivin,~ reCord checks of all drivers working within the City with
said checks;to/beypdated every twelve (12) months or as frequently as
reqYire<.iby ['o)epartment of Transportation Regulations.
,l\lrfifi}I~/erTlployees shall pass a drug test and criminal background check,
as/~dll)ipistered by the Contractor, prior to working in the City. Contractor
shalt not assign an employ to work within the City who has been either
?h~rged or convicted of a sexual act against a child. Contractor shall
r~move any field employee not meeting this standard from working within
the City and promptly advise the City of such occurrence.
(L) Contractor shall provide evidence indicating that it has the right to use a
landfill site for the purpose of this Contract for the entire period of this
Contract and any agreed extensions thereto. Contractor agrees to
indemnify and hold City harmless from any liabilities, including but not
limited to, special clean-ups, fines or other regulations imposed on any
landfill site used by the Contractor to dispose of City trash and refuse. As
Page 12
between the City and the Contractor, once waste is picked up by the
Contractor, all refuse and garbage shall be the sole responsibility of the
Contractor. Hazardous waste and other items prohibited by state, federal,
or local regulation from placement in landfills shall not be knowingly or
intentionally placed in a landfill by Contractor. If such hazardous or
prohibited waste is inadvertently placed in a landfill by Contractor, the
Contractor shall not be precluded from seeking remedies, including but not
limited to damages, due the Contractor from the industrial or commercial
customers that generated the hazardous or prohibited waste a29placed it
with the Contractor for collection and disposal. Contractor~ndtQ~. City
recognize that the Contractor's Contract to indemnify the.\City from/any
and all liability for items placed in a landfill flows from t~~joint:~nowleqge
of the parties that the City will not know what is being\/place{i, with the
Contractor and delivered to the landfill.
(M) Contractor may cancel collection services on.ohly the.folldwing holidays:
New Years Day, Memorial Day, Independer"Jce[)ay, Thanksgiving Day
and Christmas Day. Contractor may decideJo ob~yl"Ve any or all of the
above mentioned holidays by suspension of collection services for the
holiday, but such decision in no manner\[elie.ves the Contractor of its
obligation to provide residential collectipl"l serVices twice per week and
recycling collection services ohce per week. Contractor will be
responsible for notifying all ~ustorT1ers. at Contractor's expense of any
deviation from a regular scheduled pickup day due to any holiday
observed by Contractpl". If a ne<?e.ssity arises that Contractor believes
warrants collection .~erVi,ces on a designated holiday, approval shall be
obtained from the City Man~ger, or his designee, at least twenty-four (24)
hours prior to !pe hqliday collection. Contractor will be solely responsible
for timely informing affected customers of this holiday pick-up. The City
and Cont~~ctgr will. work together to determine the most appropriate
method of said notification.
(N) C~~tra7~~r~h~1I provide at the City's sole discretion a representative to
~.~siSc~W\ with> customer inquiries, account assistance, scheduling,
co~plalnts, etc. for the first thirty (30) calendar days and during normal
office. hours of the contract initiation in the event the contract is awarded to
a ne.w service provider.
Section VII
Contractor's Collection Duties and Responsibilities
(A) Residential Collection.
(1) The Contractor shall provide curbside or backdoor collection
service for residential solid waste (including Acceptable Brush) on a four
day schedule with all residential customers receiving service twice per
Page 13
week on either a MondaylThursday or Tuesday/Friday schedule.
Contractor shall collect all Acceptable Waste placed in authorized
containers (plastic bags or residential containers), and yard waste bundles
placed at curbside by 7:00 A.M. on the designated collection day"
Contractor shall pick up all garbage on the designated collection day no
later than 7:00 P.M. Unless approved in writing in advance by the City
Manager, no collection shall be made on Sunday.
(2) Contractor shall be required to collect all acceptable brush and tree
trimmings up to four (4) bundles per collection with<buridles not
weighing more then fifty (50) pounds each, two (2) times per week
during the term of this Contract, with a minimurTl. of ~? (2) days
between collections, except as otherwise mutuc:lHy agreed to by the
City and Contractor. In the alternative of being bundled, materials
may be placed in a disposable container. Any ac;J9i~i.()nal bundles
exceeding the four (4) bundles per collectipn requirement shall be
collected by the Contractor, at the customer's request, on the same
on-call basis for a rate set forth in th~.MisceHaneous Rate Sheet.
Contractor shall bill the customer directly for this fee and is
responsible for collection of same.
Contractor shall collect bul~Yii~c:lste not exceeding two (2) cubic
yards per collection wh~ph a~~not contained in garbage containers
for each residential customerfor no additional cost.
Contractor shall~ollect bulkY waste and brush, rubbish and trees
not exce~9ing fOI.J~(4) cubic yards per collection, at customer's
request,ywith;<an on;;.call basis not to exceed four (4) times per
calendary~pr. For purposes of contract, September 1, 2007 thru
DeG;~f1"l~~r 31.\ri.2007 shall be considered one calendar quarter. Any
additi(::m~I;QHlky waste pickups exceeding this collection schedule
small ~~ collected by the Contractor, at the customer's request, on
. t9~~~ll')e on-call basis for a rate set forth in the Miscellaneous Rate
.uiSheet: Contractor shall bill the customer directly for this fee and is
.....;r~sponsible for collection of same.
Contractor shall be responsible for providing a customer service
request component for customer scheduling for special collection
services" The service shall be provided on a twenty-four
hour/seven day per week customer call center and additionally
supported by an internet based system. Special collection services
shall include, but are not limited to, bulky waste, bundled waste and
grass-leaf bags. The online internet component shall be a secured
online payment system. Company shall provide a history summary
enabling the user to quickly and accurately ascertain prior usage.
Page 14
Company shall provide, at no cost, a link from the site to the City
website.
(4) Contractor shall make collections with a minimum of noise and
disturbance to the householder. This work shall be done in a
sanitary manner. Any refuse or trash spilled by Contractor shall be
picked up immediately by the Contractor's employees.
(5) It is anticipated that the City will evaluate and consider employing a
citywide yard waste elimination program during the/itel'fn()f the
Contract. In such case, Contractor shall assisttl1y CitY'fith
research and evaluation of best practices, coop:r~tiveIYparticiP9te
in the deployment of equipment and personn~J if~~lect~d by the
City and adjust rates based on a mutually aQl"yed n:gofiate rate.
The implementation of such a program shall not<yommence until
after the completion of the first anniversary,
(B) Curbside Recycling.
(1) The Contractor shall provide curt:>~i~~ or backdoor collection
service for residential recy~II~g oQ<a two (2) day schedule with all
residential customers receiving~ervice once per week on either a
MondaylThursday or Tuesdqy/Friday schedule. Contractor shall
collect all materials placed at curbside by 7:00 A.M. on the
designated coll:ction day.. (;gntractor shall pick up all materials on
the designat~d <qgllection day no later than 7:00 P.M. Unless
approved~.l"1writing/ir advance by the City Manager, no collection
shall bet')1ad~on Sunday"
(2) Rec~cl.~.8Ie~8mmodities for each residential premise shall be
serviq~~woQqe per week. The Contractor shall provide curbside or
Q~Gkd8or recycling collection service. Contractor shall collect all
~:;;~x~I~t:>le commodities placed at curbside or backdoor by 7:00
P.M;<on the designated collection day. In the alternative and
~.ybject to City approval, Contractor may provide for collection of
recycling on a non collection day for regular residential recycling
collection. Contractor shall pick up all recycling commodities on the
designated collection day no later than 7:00 P.M. Any additional
recycling container, other than defined in Section III, will be billed to
the customer pursuant to the cost identified in the Miscellaneous
Rate Sheet.
(3) The charge for collecting multiple bins shall be the same as for the
collection from a single bin.
Page 15
(4) Contractor shall provide replacement bins for customers whose bin
is damaged, lost, or stolen at the rate as listed on the
Miscellaneous Rate Sheet.
(5) Contractor shall collect the recyclable materials at the curb.
Contractor shall collect recycling material set out for collection
outside the normal recycling bin when necessary. An example
includes extra newspapers bundled and/or bagged where volume is
greater than bin size.
(6) Contractor shall provide the City a recycling report d~taiHng vohJme
collected and participation rate on a monthly basis, within fift~en
(15) working days from the end of the reporting month. The report
will provide estimated summaries of the tonn~~e of)all materials
recovered by type of materials, residential partiqig9tion, rates in
terms of weekly and monthly set-out gou(')ts ~ith a description of
the methods used to determine the participc.ltion rates.
(7) The Contractor shall be responsit:itr fort[ansporting the recyclable
materials to a processing site and my<~! Dpve established buyers or
markets for the recyclable~,/ Tht1Contractor may be required to
identify the buyers of tQe reFy~!~ples upon request by the City. To
the fullest extent possiple, rrFycljng materials should be protected
against contaminates th9t require disposal at the landfill. The
Contractor shall be totaIlY;[rsponsible for the processing and
marketing oLall recyclable materials collected pursuant to the
Contract.
(8) If ContraCtgr's employees determine that the recyclable materials
seLii. oyt by>> the resident are unacceptable due to the
inap~[~~ria.,tt1ness of the materials, Contractor will leave the
if;l~pp(~priate materials in the bin. A sticker shall be attached to the
gin explaining the reason the materials were rejected. Contractor
;;WiII/not be required to collect recyclable materials mixed with
/'g9rbage or rubbish normally collected by solid waste collecting
crews.
(C) and Industrial Collections.
The Contractor shall provide curbside collection service for solid
waste (not exceeding the defined limits herein) on a five day
schedule for all commercial locations customers. Contractor shall
collect all Acceptable Waste placed in authorized containers
(plastic bags or containers), placed at curbside by 7:00 A.M. on the
designated collection day. Contractor shall pick up all garbage on
the designated collection day no later than 7:00 P.M. Unless
Page 16
approved in writing in advance by the City Manager, no collection
shall be made on Sunday.
(2) Commercial Container Specifications: Contractor agrees to make
commercial containers for storage of garbage, refuse, brush,
Construction Debris, and/or debris, as the case may be, available
upon request of the owner or occupant of any premises (at such
owner's or occupant's expense) within the corporate limits of City,
excluding single family and two family residences. The 9~rnmercial
containers provided by Contractor shall be (i) e~~ippec;j. with
suitable covers to prevent blowing or scattering9f rXfuse while
being transported for disposal of their contents,\~ii) m~!ntained in
good repair, appearance, and in a sanitary('tcon~i!iont. and (iii)
clearly marked with Contractor's name and tel'Xphony number in
letters not less than two (2) inches in height. If~QU~9~ion is from a
commercial container, that containe~tsh~ulc;jbe located on a
concrete pad to accommodate collection eqf..jipment.
(3) Frequency of Commercial Collectid~~: O~~tr:'actor agrees that the
frequency of collections shall be a~>.i~irnutually agreed upon by
Contractor and the comrnXrcialicustomer, provided, however,
collection service shall\ be ~tlx~st once per week to maintain the
premises free of accul11)ulationof waste and no collections will be
made on Sundays.
Contractor sgall\>~ptify City if the size and number of commercial
container~\tand fre8,~ency of pickup at a commercial site are
insufficie~t tpavoid ian unsightly accumulation of refuse or fire
hazards Qf>an accumulation of flies, rodents, scavengers and
UnnyC3E3~~~rypdors. Hours of collection for commercial customers
shaU'bebetween 7:00 A.M. to 7:00 P.M.
(4) F,~~2.~.~t'lCY of Industrial Collections: Contractor agrees that the
>>frequency of collection shall be as is mutually agreed upon by
~9ntractor and the industrial customer, provided, however, that
Contractor shall notify City if collection service are not scheduled so
as to maintain the premises free of accumulation of refuse or fire
hazards or an accumulation of flies, rodents, scavengers and
unnecessary odors.
(D) City Collections.
The Contractor shall provide at no charge to the City, the collection,
transportation, and disposal of waste accumulated by the City at City
owned, operated, or other City designated sites up to ten thousand front
load container service yards and one hundred twenty (24) 30-yard roll off
Page 17
loads of waste per year ("Annual Limits"). City will provide a list of such
sites to Contractor. Regular service shall include the free provision,
collection, and hauling or dumpsters and/or roll-off containers as
requested by the City for special events and ongoing or special projects.
In the event that the City's containers are full and are in need of a special
disposal, the Contractor shall accommodate the City when possible. For
collection service requirements in excess of these Annual Limits, the City
will be charged the then current rates for such service as set forth in the
attached Rate Sheet. For purposes of this section, commercial service
yards per container shall be calculated using the container sltemul!lplied
by the times of collection (for example: 6-yard containe~iD<9 timesiper
week collection X 4.33 weeks per month X 12 months =~35 annual
commercial collection yards). Roll off loads shall C9nsl~!iofqpmpleted
loads of large containers (30-yards) to the Landfill as dir~cte(Jkby the City.
The Contractor shall provide one roll-off cOlltaiF)er commemcing on the
Saturday of the city general election at no cost to the City. The Container
shall be placed at the location designated by the Gity for one week
following the election.
(E) Special Collections
(1) Holiday Ornamental Tr~e ~~e~8.1ihg. The Contractor shall provide
for the collection of ornamen!al h9!iday trees, for no additional fee, by
Residential Customers for the p~riod beginning on the 26th of December of
each year and endingqn JanuarYiQth.9f the succeeding year as part of the
customers regular r~fuse. collection schedule.
(2) Storm D~bris~anagement Program. In the event of a major storm,
as determined by/the City Manager, the Contractor shall provide, at the
City's requ~st,~ssistance to residents in the disposal of storm debris. The
Contractor~p~~e$to provide sufficient information to substantiate its costs
to ~rovi~~ thjs service and the City and Contractor agree to negotiate in
gopd fait" to agree upon the fees to be paid for this service.
Section VIII
Spillage
(A) CDohtractor shall not be responsible for scattered refuse unless the same
has been caused by its acts or those of any of its employees, in which
case, all scattered refuse shall be cleaned up immediately by the
Contractor. A fork, push broom, and a scoop-type shovel shall be
maintained on each truck for clean up activity. The Contractor shall, if
necessary, hand clean all spillage resulting from its collection activities. In
the event of spillage of hydraulic fluid, engine oil, fuel, or other liquids that
spill from the collection truck which may require power washing ("truck
fluids") on City infrastructure or private property, Contractor agrees to
Page 18
power-wash the pavement or concrete to attempt to remove spillage within
twenty-four (24) hours of notification of said spillage. In the event of
spillage on private property, Contractor shall remove said waste within
twenty-four (24) hours of notification to Contractor.
(B) Contractor will not be required to clean up or collect loose refuse and/or
spillage not created by its operations, but shall report the location of such
conditions to the City so that proper notice can be given to the customer at
such premises to properly contain such refuse" Spillage or excess refuse
shall be picked up by Contractor after the customer reloads the
containers. In the case of commercial customers, Con~ractor shalt be
entitled to an extra collection charge for each reloaded commercial
container requiring an extra collection.
(C) Should such commercial spillage continue to oc~ur, du~t()the inadequate
size of the container, the City shall require thecoml1"llarcial customer and
Contractor to increase the frequency of collection ()f the customer's refuse,
or require the customer to utilize a cOrnm~rfialCol'itainer with a larger
capacity, and Contractor shall be cOlTlpen$(;ited for such additional
services.
Se.ctidn\JX
Non-Collecticm and Complaints
(A) All service complaints shall initially be directed to Contractor. In all cases,
Contractor will strive to re~plve complaints to the City satisfaction within
the same business day, exCluding weekends, Holidays and after normal
business hours. Any missed pickups of residential refuse will be collected
the same ~~~.iD~sSdc:tY if notification to the Contractor is provided by 2:00
P.M. but n()~Ic:t~er,ttlan 12:00 P.M. the next business day if notification is
providell!afte~i2:00 P.M.
~nle~.~iC6Mtractor provides proper documentation to the City, Contractor
wilti~Ol'l~act the customer and begin the resolution process by the end of
the~ext business day following receipt of the complaint and seek to
resqJve the complaint to the complainant's satisfaction within twenty-four
(~4') hours of receipt of the complaint, excluding weekends, Holidays and
after normal business hours. If the Contractor is unable to resolve a
complaint within twenty-four (24) hours, Contractor will notify City and
provide documentation to the City's satisfaction explaining the reasons the
complaint cannot be satisfied within the specified time period. The City
Manager, in the event that the Contractor fails to resolve the complaint
within 36 hours (exCluding weekends, Holidays and after normal business
hours) may reasonably elect to deduct from amounts due the contractor
the sum of one hundred ($100) dollars for each occasion. The Contractor
Page 19
may appeal the decision of the City Manager to the City Council. On a
monthly basis, Contractor shall supply the City with copies of all
complaints on a form approved by the City or in an electronic format
acceptable to City at City's option indicating the disposition of each
complaint. The form shall indicate the day and hour on which the
complaint was received and resolved.
(B) The City shall notify Contractor of each complaint reported to the City in
order for Contractor to take whatever reasonable steps are negessary to
remedy the cause of the complaint. Contractor shall notify the City of its
disposition in the bi-weekly report described in the precedingpi:iragraph.
(C) Contractor shall provide the City with a full exp'anationofth~ disppsitionof
any complaint involving a customer's claim of damage.!o pri~ate property
as the result of actions of Contractor's employe~s,agents and
subcontractors.
(D) Contractor shall notify all customers a~ol..ltyom~l~il'lt procedures, rules
and regulations, and days of collection on an annual basis and whenever
there is a change in service, days of colleCti()r~,/procedures, etc. The City
and Contractor will work togeth~r to determine the most appropriate
method of said notification.
(E) For a complaint from a ?Ustol11~r 01" Contractor, the City Manager, or his
designee, shall be r7~ponsiblefPL.~eciding any disputes between the
Contractor and the<cu~!pmer as to the validity of the complaint. The
decision of the 9ity Mana~;7r, or his designee, on such matters shall be
final and all pa!"ties9gree to abide by said decision; provided, however,
that when Contraytot challenges any complaint or failure to perform under
the Contra~!,.;t~e;S:;ity Manager may, or his designee's, in his sole
discretion, r~ql..lest9 joint inspection by a representative of the City and a
rep~~Selfl!ativ~;of Contractor. However, such inspection shall not alter the
CU~ M~~~~er;s, or his designee's, discretion to make the final decision
regarci.il'lg such matter.
(F); It isqnderstood and agreed by and between the City and Contractor that if
anYxXCustomer maintains improper or inadequate containers for the nature,
V(i;)lume or weight of refuse to be removed from the premises, or if any
customer improperly places debris or bulky items for collection, Contractor
may refrain from collecting all or a portion of such refuse and shall notify
the City and the customer that refuse has not been removed from his
premises on the scheduled collection day and where no notice of non-
collection or a change in collection schedule has been received from
Contractor, the City may investigate. If the City determines that
Contractor has failed to collect refuse from the premises without cause,
Page 20
Contractor shall collect same within 24 hours after a collection order is
issued by the City.
(G) Employees of Contractor shall not be required to expose themselves to
dangerous or vicious animals in order to accomplish refuse collection in
any case where the owner or tenants have animals at large, but
Contractor shall immediately notify the City, in writing, of such condition
and of Contractor's inability to make collection.
(H) Contractor may cancel a portion or all of a scheduled servic~ daY\Q~e to
hazardous weather conditions, and shall notify the CitYrvtanager OF his
designee of such cancellation as soon as the decision ,to cal"lyel service
has been made. Unless otherwise reasonably approv~~ by\\the City
Manager, such decision in no manner relieves th~ Contractor of its
obligation to provide residential collection services twic~B~r week and
recycling collection services once per weekf\,\pontractor will be
responsible for notifying all customers at C~:mtrClctor's expense of any
deviation from a regular scheduled dayc;tue to a hazardous
weather condition.
Section X
Review of Performance
(A) The City may condu~~an annuaLperformance review, on or about the
anniversary date ofthe\pontract, to review the previous twelve months
performance. Ci,~y'\ staff stU;J1I present a summary of complaints regarding
the handling a~~ st~,~lJS of complaint being resolved for that previous time
period.. The <39,\~tractor shall be provided an opportunity to present
informatio~;'\Cl~,\~ell>i~pncerning the handling status of complaints or other
service iss~r~~< 1"l1e <3ontractor shall be provided a reasonable cure
perigc;t'i\Xpy tft~ City, to correct any identified complaints for the previous
Y~er.
~ti>!HCrn~ of the initial term of the Contract, the City may undertake a
revi~~ of the performance of the Contractor based upon performance and
gu~lity measures outlined in the Section XI of this Contract. If the City
fi~ds the performance of the Contractor to be acceptable, this Contract will
automatically renew under the same terms and conditions for an additional
period as provided in Section I herein.
(8) If at the conclusion of a performance review conducted pursuant to
Section X(a) above, the City determines that the <3ontractor's performance
is unacceptable, the City and <3ontractor will enter into good faith
discussions to resolve any problems with the Contractor's performance.
Page 21
(1) If Contractor and City are able to reach agreement regarding the
level of Contractor's performance and the steps necessary to
improve Contractor's performance, and if said steps are
implemented by Contractor, the term of service will be renewed for
the same time period called for upon a finding of acceptable
performance by the City.
(C) In the event the term of service is considered for extension, the City will
undertake a review of the performance of the Contractor ba~ed on the
performance and quality measures outlined in Section XI of this Coptract.
If the City finds the performance of the Contractor to be (3cc$ptable,ithis
Contract will automatically renew under the same terms~nd cQ~ditionsfor
an additional five (5) year period, terminating August ~1,2~17.>iJf the City
determines that the Contractor's performance is unacc~etabl~, the City will
notify the Contractor of this determination by Decemberi~~,~012, and the
City and the Contractor will enter into good <faithi di~cussions to resolve
any problems with the Contractor's performance. tf the Contractor and the
City are able to reach Contract reg~rdin~> th~. ..I~vel of Contractor's
performance, and if said steps are i~plem~.nt~d by Contractor, this
Contract will renew as provided herein.E)~~~[Wise, the Contract will not
be renewed and be cancelled on ~4gustai1, 2013.
Section XI
PenormanceMeasures
In evaluating Contract.~~s perf~.f~ance, the City will determine whether the
Contractor has met th~<foIl9wing performance measures:
(A) Contractor>~ill..~fl"iv,~ to meet and exceed community expectations for
customer s~rvl~<~pd community involvement. By the anniversary date
eac~.y~~r, ~rntractor will provide to City an annual work plan detailing
ar}~ id~r}l!t~i~~ areas of opportunity to be engaged as an active and
gartiiji~ativemember of the corporate community. Financial participation,
w....il.,e encouraged, shall not be a factor of consideration.
(B) .. C~~f()mer Complaints: In accordance with Section IX(a) herein,
Contractor shall not have failed to contact customers to begin the
resolution process by the end of the next business day more than six
times per year, and contractor will have resolved customer complaints to
the complainant's satisfaction within 36 hours of Contractor's receipt of the
complaint, as called for herein, except for Sundays and Holidays and
those instances where Contractor has provided the City with written
documentation showing why the complaint will take longer than thirty-six
(36) hours to resolve, ninety percent (90%) of the time as measured over
an eighteen month period.
Page 22
(C) Satisfaction Survey: A Customer Satisfaction Survey ("Survey) may be
performed by the City at a time when the performance of other city
services are being surveyed, at City's expense. The question in the
Survey to be asked of the customers in relation to Contractor will be as set
forth in Exhibit "D", or as otherwise agreed to by City and Contractor. The
parties agree that it is a goal to have at least eighty-five percent (85%),
excluding those who answer "no experience," or "no comment" of the
responses to the Survey will rank Contractor as good ofiexcellent.
Nevertheless, the parties will discuss the actual results 89.2 atte('T1pt to
determine if a lower rating is acceptable to the City /,ba~ed on,the
circumstances surrounding the Survey. The Survey~~all b~ valid ~nd
reliable, and properly reflect the different categ9Jies)?ftpe City's
population, including, but not limited to, age, regiort\?f tnt\ City where
respondent lives, and income levels. The Survey will n~t>~~>90nducted by
mail. If Contractor challenges the Survey, t~r<~ity ~€)rees to provide all
information relating to the Survey to Contra~torso that Contractor can
investigate the validity and reliability of !he>$\..lrvey qfwhether it properly
reflects the City's population. .
(D) Collection of Acceptable Waste!)>> Co~tractof shall not fail to collect
acceptable waste within twelve bu~in~}~p hours after learning of the failure
to collect acceptable waste m()re tt;l~!1t~n (10) times in any twelve month
period.
(F) Duties and ObligatiOl1s: Contractor shall have substantially performed all
of Contractor's General [)}uties and Obli€)ations as set forth in Article VI of
this Contract.
(G) Spilla€)e:~()ntract()fShall not have failed to pick up scattered refuse or
spillage in ~cc()rdance with Article VIII more than three times in any twelve
mOI1!PPfariocJ.
(H)~on~~mpliance: Contractor shall have no events of Noncompliance as
outlined in Article XV herein"
(I) TirTleliness of Collection: Contractor shall have received complaints
alleging that collection within 1000 feet of any residence occurred before
7:00 a.m. or after 7:00 p.m. on more than three occasions.
(J) Adherence to State, Local and Federal Laws: Contract shall have no
violations of and State, Local or Federal laws, excluding traffic violations in
the previous twelve (12) months.
(K) Recyclin€) Education: Contractor will provide at least one public recycling
education session explaining the benefits of recyclin€).
Page 23
(L) Reports: Contractor shall provide the City with a monthly commercial
report. The report should include the amount of commercial activity
including the number of commercial customers, the number of commercial
accounts by size and number of pick-up, the number of cubic yards of
collected, and any other information requested by the City. The
Contractor shall provide the City with this information within fifteen (15)
days from the end of the reporting month.
Section XII
Contractor's Relation to City
(A) Contractor as Independent Contractor: It is eX~FessJ~. ag~~ed and
understood that Contractor is in all respects an indepeQdent;.~ontractor as
to the work, duties and rights granted herein, notwithstan(jiQ~;:the fact that
Contractor is bound to follow the direction of gesi9pa!~d City officials, and
that neither Contractor nor any person performing~ny of the work covered
under this contract is in any respect an a~ent,serv;~Qtlofficer or employee
of the City. This contract specifies the wprk to pedone by Contractor, but
the method to be employed to accomplish this work shall be the exclusive
responsibility of Contractor, and IJl'lder Contractor's exclusive control and
right of control. The doctrine ofr~spondent superior shall not apply
between the City and Contractor, pr.any of Contractor's agents, servants,
employees or subcontractors and nothing herein shall be construed as
creating a partnership orjoint enterprise between the City and Contractor.
(B) Subletting Contr~ct: This.contract, or any portion thereof, shall not be
sublet or assig!0led~xcept with the prior written consent of the City. No
such consent Will{>be construed as making the City a party to such
subcontra~~PL~ssig[1ment, or as subjecting the City to liability of any kind
to any sub<?o~!ra~tor or assignee. No subcontractor or assignee shall,
und~r.;a~y ci~fumstances, relieve Contractor of his liability and obligation
uQ.~ert~jT~ql'Jtract, and despite any such subletting or assignment, the
~itY:0T~alldeal through Contractor unless otherwise agreed by the City.
An~.. su~contractor and assignees will be dealt with as workers and
repr~sentatives of Contractor, and as such shall be subject to the same
reqJtfirements as to character and competence as are other employees of
Gontractor.
(C) Inspection of Performance: The City Manager, or his designee, may
inspect Contractor's operations, equipment and performance at any
reasonable time and Contractor shall furnish the City Manager, or his
designee, with every reasonable opportunity to inspect Contractor's
operations or equipment or for otherwise ascertaining whether or not the
work is being performed in accordance with the requirements of this
contract.
Page 24
Section XIII
Indemnification
Contractor covenants and agrees to fully indemnify, hold harmless and defend
the City, its officers, agents, servants and employees from and against any and
all claims, demands, suits, judgments, costs and expenses (including attorney's
fees) for property damage or loss, and/or personal injury, including death, to any
and all persons, of whatsoever kind or character, whether real or asserted,
arising out of or in connection with the performance, attempted performance or
non-performance of the work and services described hereunder including
operations of subcontractors, if any, and the acts or omissions ofemployee~ or
agents of Contractor, or in any way resulting from or arising o~t of the/collection,
transportation or disposal of solid waste under this contract,..sav~and~xcept for
the loss or injury due to City's negligence or willful acts oromis~ions without,
however, waiving any governmental immunity available to city.uncier Texas law
and without waiving any defense of City or Contractor under Texas Law.
The insurance coverage specified below constitutes theirninimum requirements
and said requirements shall in no way lessen or. limit the . liability or responsibility
of Contractor under the terms of this contract.
Section XIV
Insurance
The Contractor shall obtainahd maintain in full force and effect for the duration of
this Contract and anyextensiq.n hereof, at the Contractor's sole expense,
insurance coverage \%ritten.by companies approved by the State of Texas and
acceptable to the Cityil""l>~he following types and amounts. Any of the insurance
coverage require~>/9~rein/.rnay in part, or in whole, come from self funded,
ERISA, or self insqraryceplans.
TYPE
(a) Worker's Compensation and
Em 10. er's Liabilit
AMOUNT
Statutory
$100,000/500,000/100,000
TYPE AMOUNT
(b) Gofnmercial General (Public) Combined single limit for bodily
Liability insurance including injury and property damage in the
coverage for the following: amount of $2,000,000 per
a. Premises Operations occurrence or its equivalent.
b. Independent Contractors
c. Products/Completed
Operations
d. Personal Injury
e. Advertisina Iniury
Page 25
Contractual Liability
Medical Pa ments
TYPE AMOUNT
(c) Comprehensive Automobile Combined single limit for bodily injury
insurance, including coverage for and property damage in the amount
loading and unloading hazards, for: of $5,000,000 per accident or its
a. Owned/Leased Vehicles equivalent.
b. Non-owned Vehicles
c. Hired Vehicles
(0) Additional Policy Endorsements.
The City shall be entitled, upon request, and~it.~.puti~xpeJ'lse, to receive
copies of the policies and all endorsementsther~toand may make any
reasonable request for deletion, revisiq9r...pr m;.p~i~~jcation of particular
policy terms, conditions or exclusions (e~cept~ha~~ policy provisions are
established by law or regulation binding l..I{?.pn ~!ther of the parties hereto
or the underwriter of any of such ~.plicies).> The.iCity may review the Policy
limits every year, and at such tim~$~he Policy limits may be reasonably .
adjusted, provided such adju~tedJirT'ljt~>are available, and any additional
premium cost may be passed th.rough to customers if approved by the City
in accordance with Seytion V.(b), Upon such request by the City, the
Contractor shall exerci$~ reasonable efforts to accomplish such changes
in policy coverage and shCill.1 pay the cost thereof.
(E) Required Provislpl1s: The Contractor agrees that with respect to the
above reqi~ired ins~rance, all insurance contracts and certificate(s) of
insurance <~ill~.pgtain and state, in writing, on the certificate or its
attach.l(fl~nt,th.e following required provisions:
(1) Nam~> the City of Colleyville and its officers, employees, and
...13lected representatives as additional insured, (as the interest of
each insured may appear) as to all applicable coverage;
Provide for thirty (30) days notice to the City for cancellation, non-
renewal, or material change and ten (10) days notice for workers'
compensation coverage;
(3) The Contractor agrees to waive subrogation against the City and its
officers, employees, and elected representatives for injuries
including: death, property damage, or any other loss to the extent
same may be covered by the proceeds of insurance except for
cases involving the sole negligence of the City;
Page 26
(4) Provide that all provisions of this Contract concerning liability, duty,
and standard of care, together with the indemnification provision,
shall be underwritten by contractual liability sufficient to include
such obligations within applicable policies;
(5) For coverage's that are only available with claims made policies,
the required period of coverage will be determined by the following
formula: Continuous coverage for the life of the Contract, plus one
(1) year (to provide coverage for the warranty period), and an
extended discovery period for a minimum of five (5) years which
shall begin at the end of the warranty period; and
(F) Notices: The Contractor shall notify the City in the ev~ht()fany<(;hangei in
coverage and shall give such notices in writing no I~ss them thirty (30)
calendar days prior to the change. The notice must bea~~oQ'1panied by a
replacement Certificate of Insurance.
Section XV
Noncompliance<
In the event Contractor shall fail to perform any of the material provisions (a
"Material Breach) of this Contract,<ptYs~qan promptly notify Contractor of its
noncompliance, stating with particulati~y the facts relating thereto. Thereafter, if
the Material Breach is not c9rrected or<if agreed upon steps are not taken to
improve and/or otherwiseg<:>rngly with the terms of this Contract within a period
of time which is rea~pnable\<i~ relation to the nature of the event of
noncompliance but in<~o c~~e more than ten (10) days (hereafter the "Contractor
Cure Period") the Materi9:IBrach shall constitute an act of noncompliance. For
each such Mate~t~I~.rea~, City may deduct from the consideration to be paid
Contractor the su~ of!ii'i'Y"~ Thousand and No/100 Dollars ($5000.00) per day for
each daY~u(;r ~rteriaf Breach shall continue following the Cure Period
("Liquida,~;ra ~i~~~g~~"). This remedy is hereby expressly made cumulative of
other~rm~.~Jes<iavailable to City, at law or in equity, for the breach of this
Co~~ract~isNp~ithstanding anything stated in this Article XV to the contrary, a
M<J!~rrial B~rach shall represent all breaches for a material breach of a given
secti~~i p~wday. For instance, if Contractor were unable to service a material
numbers!!?f pickups for a given period, (e.g., three days) the Liquidated Damages
amount shall be the total damages per day paid in connection with that Material
Breach (not per each account that Contractor did not service.) Total Liquidated
Damages for that Material Breach for the three (3) calendar day period would the
Liquidated Damages times three (3).
Page 27
Section XVII
Termination
If at any time Contractor shall fail to substantially perform terms, covenants, or
conditions herein set forth, City shall notify Contractor by certified mail addressed
to the Contractor at the address set forth herein of specific reasons in support of
City's claim that Contractor has breached the terms and provisions of the
Contract. Contractor shall be allowed ten (10) calendar days from the date of
receipt of notice to remedy any failure to perform and provide written
documentation of such remedy. Should the Contractor fail to re['Tledyissues
related to the breach of said Contract conditions, then a hearing~hi.dl. be held by
the City. Should City deem failures to be corrected, no hearing shall b!3 held.
A notice shall be sent to Contractor no later than fourteen (}4) C€llendar days
before a hearing is scheduled. The notice shall specify the ti~e€lncJ>place of the
hearing, and shall include the specific reasons in~up~ort.;(i)f City's claim that
Contractor has breached the terms and provisions Of th~ Contract. Contractor
shall be allowed to be present, and shall be gi~eritg~ fLtl18Pportunity to present
its reasons why the Contract should not be ter~inate~ and answer such claims
that are set out against said Contractor. If the Cit;;.i[11~kes a finding that the said
Contractor substantially failed to perform>i~s dytiesas specified in the Contract,
the City may terminate the Contrac:t.lftp~ City so terminates the Contract,
nothing herein waives Contractor'sr.abilll~rrtor claim or assert that the City's
termination was wrongful and/or a breach of this Contract in a court of law.
Further, Contractor reserves the right tddisagree with the findings of the City.
Nothing herein waives9r impalr~Contractor's rights to terminate the Contract
pursuant to law UP9~ 8.['Tlaterial breach by the City. Provided, however,
Contractor shall notify~ity by certified mail addressed to the City at the address
set forth herein O~;So.~~?ifibr~asons in support of Contractor's claim that City has
breached the ter~f€l.l"'ldr>provisions of this Contract. City shall be allowed ten
(10) days,~(o~r th~date of receipt of notice to remedy any alleged breach.
Should t.~e Slt~??f~.ilto remedy issues related to the alleged breach of said
Contr~?~..ditions, then Contractor may terminate. Nothing herein waives
City'saO:IJ~~Y~irclaim or assert that Contractor's termination was wrongful and/or
a br.each o'fithis Contract.
Section XVIII
Miscellaneous
(A) Compliance with laws: Contractor hereby agrees to comply with all
applicable federal, state, and local laws including the Fair Labor Contract
Act, and rules, regulations orders and decrees of the Texas Department of
Health, the Texas Natural Resource Conservation Commission, and the
United States Environmental Protection Agency or their successors.
Page 28
Contractor shall indemnify and hold harmless the City, its officers,
representatives, agents, and employees against any claim or liability
arising from or based on the violation of any such laws, regulations,
ordinances, orders, or decrees, whether such violation was by Contractor,
its agents or employees, or any subcontractor or assignee. Contractor
shall not be required to collect or dispose of any oil, sludge, fecal material
or any radioactive, pathological, toxic, acidic or volatile material, or other
hazardous waste or improper waste from any commercial or residential
customer. Should Contractor elect to dispose of such < materials,
Contractor shall receive a fee or charge mutually acceptable!p C()nt~~ctor
and to the party requesting disposal of such materials. Sh9t11~ ContrClftor
elect to dispose of such materials, Contractor shall tak~suchsteps ~nd
precautions as are required by the applicable laws g9vernirg qii~posal of
such material and shall indemnify the City from any Jiabilityarising from
such disposal.
Contractor shall at all times observe all City ordinances controlling or
limiting those engaged in performing wprk<48.~erHt9/i$ contract; provided,
however, that nothing contained in al"l~ oroinance now in effect or
hereafter adopted pertaining to the collecti.98.9f brush, debris, garbage,
hazardous waste, bulky items, r~fuse,pundled or boxed items or other
trash shall in any way beGons~rU~9 to affect, change or modify or
otherwise alter the duties, respon~ibilities and operation of Contractor in
the performance of the terms of this contract. It is the intention hereof that
Contractor be required/to perforrilthe terms of this contract regardless of
the effect of interprefatipn of any mUnicipal ordinance which in any way
relates to brush, /oebris,9Clrbage, hazardous waste, bulky items, refuse,
bundled or boxed items or trash.
(8) Multiple Origi.nals:<~ris contract is executed in multiple originals, each of
which shalhbeqeer:ned for all purposes to be an original, and all of which
are identical.
(C) Paragraph Readings: The paragraph headings contained herein are for
. corwehience in reference and are not intended to define or limit the scope
of arlY provision of this contract.
(D) Successors and Assigns: All of the terms, covenants, and agreements
contained herein shall be binding upon and shall inure to the benefit of
successors and assigns of the respective parties hereto.
(E) Notices: Notices by either party to the other party shall be sufficient if sent
by certified mail, postage paid, return receipt required, addressed to the
other party at the addresses designated below each party's signature
hereunder.
Page 29
(F) Venue and Choice of Law: The parties acknowledge that this Contract is
fully performable in Tarrant County. Should any action, whether real or
asserted, at law or in equity, arise out of terms and conditions of this
contract, venue for said action shall be in Tarrant County, Texas and this
Contract shall be construed under the substantive laws of the State of
Texas excluding its choice of law provisions.
(G) Governmental Powers: It is understood and agreed that by execution of
this contract, the City does not waive or surrender any of its governmental
powers.
(H) Taxes: Contractor shall pay all federal, state and 10c~1 tax~~ includIng
sales tax, social security, worker's compensatipn,>>unemployment
insurance and any and all other required taxes which>rnay b~ chargeable
against Contractor for its labor, material, eqUiPment, r~al >estate and any
other items necessary to and in performance of this contract.
(I) Licenses, Permits, and Fees: Contract~ragr~es t~<(:)btain and pay for all
licenses, permits, certificates, inspectiorr~ and>allrother fees required by
law or otherwise necessary to perform the\~~rvi!3es prescribed hereunder.
Contractor shall also pay, at Contr~~tm'.~own expense, all disposal fees
associated with the collection, removal and disposal of refuse.
(J) Sovereign Immunity: Nothing contained within this Contract, including but
not limited to Section X(b) herein, shall be deemed a waiver of City's
sovereign immunity"
(K) Performance Bond: Contractor agrees that upon the execution of this
Contract and before beginning work, it shall make, execute and deliver to
the City a~o~dand~ufficient surety bond in a form furnished by the City,
to secure t~efaittlful performance of the terms and conditions herein"
Suc~f<b(:)rd s~all be in the amount of Two Hundred and Fifty Thousand
D~!lars<~~~?OYOOO.OO), and signed by the president or general officer of
f?n~~~ctor, together with the signature of the corporate secretary and the
cor~oratf3 seal. The surety shall be a surety company duly authorized to
do business in the State of Texas, and approved by the City.
(M) Construction: The parties acknowledge that they are each represented by
counsel and have had sufficient opportunity to review this Contract.
Therefore, the parties agree that nothing in this Contract will be construed
against the drafter.
(N) City Emergency Contact: The City agrees to provide Contractor with the
name and phone number of the employee Contractor should contact after
hours should an emergency arise.
Page 30
(0) City Enforcement: To the extent authorized by law, City agrees to use its
best efforts to ensure that Commercial and Industrial customers utilize
Contractor's services.
(P) Additional Provisions: If taxes or fees are imposed upon Contractor after
the date of this Contract by a governmental entity or agency directly
attributable to Contractor's handling or disposition of refuse or waste as
required by the Contract, then Contractor may request to recover those
additional taxes or fees during the term of this Contract in accordance with
Section V(b) herein.
(Q) Written Communication: All demands, notices or other communications
allowed or required hereunder shall be in writing al'ldst'l~n be deemed
given when delivered in person or deposited in a recep!aclefpr the United
States Postal Service, postage prepaid, registered 6rcer'tified, return
receipt requested, addressed to the parties asJoUows:
CITY:
City Manager
c/c Budget & Administrative$ervices Manager
City of Colleyville
100 Main Street
Colleyville Texas. 760i34
CONTRACTOR:
RegioQplM~nager
I E~lit\Corpor~~ion
P';~' ~.~x 162479
Ft.Wo-rth, Texas 76161-2479
(R) Governmen!r!\~o~pliance: If, after the date of the Contract, additional
reg~lati~rs ~r a governmental entity or agency result in extra costs to
CQ:rtra9l~r...i\riProviding the services required herein, the Contractor may
B~~rtitleCf<to recover those costs during the term of this Contract in
ac~prd~nce with Section V(b) herein.
(S) Forge Majeure: Notwithstanding anything herein to the contrary,
~pntractor shall not be liable for the failure to perform its duties if such
failure is caused by a catastrophe, riot, war, governmental order or
regulation, fire, Act of God or other similar contingency beyond the
reasonable control of Contractor. Specifically excluding such cause
however shall be work related stoppages and labor strikes.
(T) MoCfifications: This Contract may not be changed orally, but only by an
Contract in writing signed by the City and Contractor. No act, delay,
omission, course of dealing between the parties will be a waiver of any
Page 31
rights or remedies under this Contract. Any waiver of any right, remedy or
requirement under the terms of hereof on any occasion will not be a bar or
constitute a waiver of the exercise of the same or other right or remedy on
subsequent occasions.
IN WITNESS HEREOF, the contracting parties, by our duly authorized
agents, hereby affix our signatures and seals on this day of
,2007.
IESI, Corporation
P.O. Box 162479
Ft. Worth, Texas 76161-24'i'i9
By:
Name: Bob Kneis
Title: Regional Manager
City of Colleyville, Texas
100 Main Street
Colleyville, Texas 76034
By:
Name: Bill Lindle~
Title: City Manag~r
Page 32
VERI FICA TION
STATE OF TEXAS 9
9
COUNTY OF TARRANT 9
BEFORE ME, the undersigned Notary Public, on this day personally
, who being by me duly sworn upon his oath
deposed and said that he is the of
; that he is authorized to make<~!11s<affidavit on
behalf of ; that he has read the ab~ve an~. foregoing
Contract, and that every material statement contained hereinyistl"'LJe and correct,
to the best of his knowledge and belief.
SUBSCRIBED AND SWORN TO BEFORE ME this
, 2007.
day of
NOTARY PUBLIC, in and for the
State of Texas
Page 33
VERIFICATION
STATE OF TEXAS 9
9
COUNTY OF TARRANT 9
BEFORE ME, the undersigned Notary Public, on this day personally
, who being by me duly sworn upon his oath
deposed and said that he is the of
; that he is authorized to make thj~. affid9.~it on
behalf of ; that he has read the abo~~!arild foreg~ing
Contract, and that every material statement contained herein is true a.[Id correct,
to the best of his knowledge and belief.
SUBSCRIBED AND SWORN TC>SEFORE ME this
,2007.
day of
NOTARY PUBLIC, in and for the
State of Texas
Page 34
EXHIBIT "A"
RATE SHEET
CONTRACT FOR RESIDENTIAL AND
COMMERCIAL REFUSE COLLECTION
Between
The City of Colleyville and IESI Corporation
RESIDENTIAL RATES
Residential Curbside - 2 times per week
Residential Recycling - 1 time per week
Total Residential
$9.14 (per month)
Commercial Hand Load - 2 times per
week
$0.00 (per month)
(4 bag limit per collection)
COMMERCIAL FRONT LOAD RATES
1x 2x 3x 4x 5x 6x
Size week week week week week week Extra
2YD $49.00 $78.00 $106.00 $135.00 $162.00 $191"00 $25.00
3YD $62.00 $102.00 $144.00 $185.00 $227.00 $268.00 $30.00
4YD $75.00 $124.00 $175.00 $222.00 $273.00 $322.00 $35.00
6YD $115.00 $166.00 $231.00 $298.00 $364.00 $430.00 $40.00
8YD $129.00 $212.00 $295.00 $377.00 $459.00 $543.00 $45.00
Page 35
EXHIBIT "An
RATE SHEET, page 2
Miscellaneous Commercial Charaes
Containers with casters
Locks or Gates
$0.00 (per month)
$0.00 (per lift)
COMMERCIAL ROLL OFF RATES
20 YO
OPEN $285.00 $75.00 $4.35 $25.00/ton $75.00
30YD
OPEN $285.00 $75.00 $4.35 $25.00/ton $75.00
40 YO
OPEN $285.00 $75.00 $4.35 $25.00/ton $75.00
20YD
COMP $295.00 Ne otiable $150.00 $25.00/ton $75"00
30YD
COMP $295.00 Ne otiable $150.00 $25.00/ton $75.00
35YD
COMP $295.00 Negotiable $150.00 $25.00/ton $75.00
40YD
COMP $295.00 Ne otiable $150.00 $25.00/ton $75.00
42YD
COMP $295.00 Ne otiable $150.00 $25.00/ton $75.00
Page 36
EXHIBIT liB"
MISCELLANEOUS RATE SHEET
LANDFILL, (insert address)
(Leased and Operated by )
(effective September 1, 2007)
Vehicle Size
COUeyville Residents
Show Proof of Residence, Valid
Drivers License Required
Automobiles, Station Wagons, Pickups (with no sideboards) $O.OO/each
Pickups or Automobiles with Trailers attached, LE!sS Tl;1an~
Feet in Length (with no sideboards on pick-up or trailer) $0.00 for p/u load and $0.00 for trailer load
Pickup and Trailers, Less Than 8 Feet inL.el"lgth with After
Market Sideboards Attached to Truck.. or Trailer $O.OO/ton $0.00 Minimum
Pickups or Automobiles with Trailers Attached, Greater
Than 8 Feet in Length $O.OO/ton $0.00 Minimum
Semi-trailers, Dump Tr4cksand0i"frucks Larger Than
Pickups $O.OO/ton $0.00 Minimum
Tarp Charge for ImpI"9perly Tarped Vehicles - State
Reaulation $O.OONehicle
Automobile I Pickup Tires (NO Rims) $O.OO/each - Limit of 4
Large Truck Tires (NO Rims) $O.OO/each - Limit of 4
Large Tires with Rims $O.OO/each - Limit of 4
Page 37
Agricultural Tires (NO Rims)
$O.OO/each - Limit of 2
Livestock
$O.OO/each
Clean Dirt
$0.00 per load
Special Handling Charge (rootballs, etc.)
$0.00 per load
Grass & Leaves only (Customer to de-bag on site)
$0.00 per load
Colleyville Residents
$O.OO/cy $0.00 Minimum
THE FOLLOWING WASTES ARE PROHIBITED FROM DISPOSAL AT
LANDFILL:
Lead Acid Batteries, Used Oil Filters, Tires, Liquids, Pesticidt}s, CEDe, PCB, Regulated Hazardous Waste
Note: Disposal rates set forth above apply to ColleyvilleresidEmtial customers only; schedule is not
applicable for commercial contractors.
Brush Bundles pick-up exceeding the.conffi1<:ted
four (4) bundles/pickup.
$0.00 per hour,
-minute minimum
Per Cubic Yard of Bulky Wast~chafgEJiexceeding
the four (4) cubic yard maximqm
$0.00 per cubic yard,
-minute minimum
Brush Chipping Servi~e
$0.00 per hour,
-minute minimum
Page 38
EXHIBIT "C"
PERFORMANCE BOND
Page 39
EXHBIT "D"
SURVEY QUESTION
The following question will be used in the Citizen's Survey regarding Trash and
Recycling Collection Services:
"Since the new contractor began service in August 2007 has your experience
with trash and recycling collection been excellent, good, fair or
Page 40
~e
'r~;;...
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Version:
Requester: Budget and
Administrative
Services
File Name: Presentation and discussion of proposed refuse and recycling franchise agreement (This item
will be discussed at the conclusion of the regular meeting)
File Type: Pre Council
Agenda Date: 04/03/2007
Agenda No.: PC-2
Status: Pre Council
Controlling Body: City Council
Final Action:
File Number:
Attachments: Colleyville Waste Survey Results.pdf. IESI 2007 Renewal Proposal.ppt
History of Legislative File
Version: Date:
Acting Body:
Action Text:
04/03/2007 City Council
Title
Presentation and discussion of proposed refuse and recycling franchise agreement (This
item will be discussed at the conclusion of the regular meeting)
Explanation
Due to scheduling time limits at the 5:30 Pre Council meeting, it is anticipated that the
discussion for this item may be held at the conclusion of the regular portion of the April 3
City Council meeting.
This item is provided as an opportunity for staff to update and receive City Council direction
for refuse collection services. Among various options, the City Council may elect to proceed
with extending the current contract with IESI or direct staff to solicit proposals from several
refuse collection providers. Staff recommends to City Council that the City extend the
current refuse contract with IESI for an additional five year period, with service modifications
noted in this briefing, which will be discussed in more detail during the April 3 Pre Council
session.
The current five year refuse service contract with IESI concludes on August 31, 2007. Over
the past year, staff has researched refuse and recycling technology, surveyed DFW
Metroplex cities, partnered with Waste Management on a Citizen Refuse Collection Survey,
and hosted a roundtable discussion with several refuse vendors. The City Council directed
staff at the March 20, 2007 Pre Council meeting to proceed with discussions with IESI for a
contract extension as well as continue drafting an RFP. In support of this, staff and the
Mayor met with IESI representatives on March 23 and March 29 to review service features
and rate structuring. IESI has offered an increase to the City's monthly residential refuse
and recycling collection rate from $8.25 to $9.87.
City of Colleyville
Page 1
Printed on 3/30/2007
Agenda Briefing Continued
Recent Area Municipality Rate Adjustments
The comparability of rate increases is evidenced by a review of rate adjustments this year
by five cities that have either extended their contracts or initiated new refuse contract:
City Old Rate New Rate $ Change % Change
Azle $ 9.92 $10.87 $0.95 9.58%
Cedar Hill $10.40 $11 .40 $1.00 9.62%
Colleyville $ 8.25 $ 9.87 $1.96 19.64%
Rockwall $ 9.32 $10.85 $1.53 16.42%
South lake $ 8.75 $10.25 $1.50 17.14%
White Settlement* $ 7.79 $ 9.15 $1.36 17.46%
Average $ 9.24 $10.50 $1.27 14.04%
* White Settlement does not offer recycling service to residents.
The most recently awarded contract in our area was negotiated with Duncan Disposal
resulting in a residential refuse rate increase to $10.25. The commercial customer rates
increased 18%. Comparatively, if the City Council elects to proceed with IESl's proposal,
Colleyville's residential rate of $9.87 would be lower than every City we surveyed who had
renewed their contract or initiated new agreements in the past year. The exception is White
Settlement, however, they do not offer recycling services to their residents. Colleyville's
commercial rates would only increase 17%.
Staff Research
Consistent with the 2007 Work Plan, staff has extended considerable time researching best
practices of other regional cities in preparation of developing a new contract for refuse
collection services. It must be acknowledged that staff is very appreciative of the time and
efforts extended by Mr. Lynn Lantrip (Waste Management) and Mr. Bob Kneis (IESI) who
have educated staff on various refuse industry issues.
Through the supportive and financial efforts extended by Waste Management, Colleyville
was able to develop and prepare a statistically based survey to evaluate citizen refuse
collection opinions. Waste Management selected Colleyville to gain refuse information in
order to showcase those results to other municipal prospects. The survey substantially
assisted staff with refuse service collection format preparation. Among other distinctions,
the survey indicated strong support for current collection services. While previously provided
and discussed with City Council, a copy of the survey results is attached for your review.
In addition to the survey, staff met with various refuse providers over the year to gain
broader insights into the fiscal management and managerial issues confronting refuse
collection. A component of this work by staff was hosting a roundtable meeting with five
refuse providers in February. A significant learning point for staff was the city residential
and commercial rates (and not just Colleyville) would be increasing. The leading issues
faced by all refuse providers are fuel, equipment, and personnel (including health benefits)
cost increases. Again, this rate adjustment trend is indicated in the preceding table of city
rate adjustments over the past year.
City of Colleyville
Page 2
Printed on 3/30/2007
Agenda Briefing Continued
Colleyville Factors
Compounding the previously noted rate impacts are a couple of specific factors impacting
cities that are similar to Colleyville. The most direct impact is that a typical Colleyville
residential customer generates approximately 72 pounds of refuse per week on an annual
basis. This translates into a setout rate of 20% more pounds per home than the average.
The typical suburban home in the DFW Metroplex generates approximately 56 pounds per
week on an annual basis. The leading component of this high residential refuse volume
comes from grass clippings, tree trimmings, fencing, etc. A second volume component is
from items such as TVs, washers/dryers, refrigerators, etc. This refuse volume poundage
impacts a second unique feature for Colleyville. Colleyville averages approximately 81
homes per hour compared to the DFW Metroplex average of 110 homes per hour. This
correlates into it taking longer for a refuse worker to load the refuse from each house
compared to cities that have lower pounds per home. While Southlake is able to offset rate
management demands due to a larger commercial base, Southlake is very comparable to
Colleyville in the tonnage and collection rate time per home.
In addition to IESI, Waste Management, Duncan Disposal, CWD, and Allied Waste have
expressed strong interest in offering refuse collection services to Colleyville. A notable
feature of being located in the DFW Metroplex is the provision of having competent and
professionally qualified refuse providers for our consideration. It goes without saying that
each company noted above have both long histories and track records of providing
successful refuse collection services to cities in our region. Very likely, any company
selected would otter a good level of customer service.
While addressing Allied Waste's current labor challenges, it would only be fair to give some
consideration for the company's long service history to their customer cities prior to the
strike. Both Allied's management and labor appear to be working together to overcome the
current differences, and regain their reputation as a successful refuse collection provider.
The coming weeks and months will continue to be an important element to evaluate whether
the company is able to regain the level of trust and support of contracted cities.
If the City Council were to elect to solicit competitive proposals, staff anticipates that the
previously mentioned five companies would submit service proposals. Even in a
competitive environment, there is no doubt that Colleyville will see a rate increase. While
rate impacts are always an important consideration in selecting a refuse collection provider,
competency and experience are just as important, if not more so. Staff development of a
Request for Proposal would draw upon qualitative/quantitative questions to assist with this
evaluation. Additionally, extensive interviewing of City references would be completed by
staff to provide an open and quantifiable summary of the company's qualifications.
Information compiled and resulting staff opinion summary would be shared with each
company to allow adequate and appropriate opportunities for their presenting information to
City Council, as needed.
In 2002, Colleyville solicited competitive proposals for refuse collection services. Entering
into a new service contract with IESI may have very well led the way for other cities to either
solicit proposals or see significant reductions in their rate schedules. Completing their initial
five years of service, IESI has received a high quality customer service rating by our
residents as evidenced by the survey conducted a few months ago. In fact, IESI garnered a
City of Colleyville
Page 3
Printed on 3/30/2007
Agenda Briefing Continued
93% satisfaction rating of either good or excellent (the latter being a remarkable 43%).
While not specifically called for, the current contract provides for the City Council to
consider making contract amendments which may include additional years, service level,
and corresponding rate adjustments.
The current refuse collection service contract with IESI can best be described as a "take all"
contract. Virtually anything placed at the curbside is collected for disposal by IESI. With a
current residential billing of $8.25 (refuse/recycling), lESt has identified that to continue this
level of service, our monthly residential billing would increase to $10.79. With some service
plan reductions, IESI has indicated that if we used the Southlake collection services
provisions, our residential rate would be $10.19. The refuse services collection program
used recently by Southlake is similar to the model used by Cedar Hill this past year.
Recommendation
Recognizing the focus and concern by City Council to effectively manage our residential
rate base while giving attention to environmental concerns, IESI delivered a very impressive
renewal proposal. Staff support of the IESI proposal is centered on its rate management
and innovative and best practices concepts in supporting the environment. The collection
services program is essentially the same as the recent Southlake program. For an increase
from the current $8.25 monthly billing to $9.87, IESI is able to offer the following residential
refuse/recycling program:
- Two times per week collection for refuse between the hours of 7:00 a.m. and 7:00 p.m.
- Once per week recycling collection utilizing an 18 gallon container (Note: Unlike other
recent contracts, our contract would provide an option to restructure the rate by
implementing a 96 gallon container collected every other week with a corresponding rate
reduction).
- Twice per week tied brush/fence bundles:
- Four feet in length
- Fifty pounds or less per bundle
- Four bundles per collection
- Bulky waste not to exceed two cubic yards per pickup (Note: This equates to a six feet by
six feet by six feet space).
- One "on-call" collection per quarter for unbundled brush/fencing not to exceed four cubic
yards per collection (Note: Southlake's agreement calls for only three collections per year).
- Limit yard waste collection (grass, leaves, etc) to only six bags per collection (twelve per
week total). A fee of $0.75 per additional bag would be assessed with payment made at
City Hall or online. This feature would not take effect until March 2008. (Note: This is a
modification to the Southlake program).
The yard waste component of Colleyville's service program was developed as a means to
reduce the labor cost associated with the larger volume of refuse collection. The goal is to
increase the number of houses served per hour from 81 to the normal average of 110
homes. By managing the number of bags set out for collection, customers may more
favorably consider mulching/composting programs. Recognizing some residents may prefer
otherwise, a customer will be able to pay online $0.75 per additional bag if they were to
exceed the six bag limit. This service component allows Colleyville to begin the
development of a yard waste reduction program to help reduce the flow of refuse to landfills.
City of Colleyville
Page 4
Printed on 3/30/2007
Agenda Briefing Continued
Other noteworthy elements in the proposed contract include maintenance of vehicles and
consideration for good customer service. Surprisingly not found in recently approved
contracts, Colleyville's contract proposes to have a provision for penalty if the company fails
to resolve customer complaints within a specified time period. Lastly, while other recent
contracts provide for automatic rate adjustments, the proposed Colleyville contract would
require the provider to formally request such from the Council each year.
Conclusion
A copy of the refuse services survey and this briefing report have been posted on the
Environmental Programs section of the Colleyville web site to facilitate citizen awareness.
IESI representatives will be available to present more fully the proposed refuse collection
services program and answer any City Council questions. In the spirit of open and
cooperative relations, staff contacted the four other refuse collection service providers last
Friday, informing them of the planned City Council discussion and staff recommendation.
City of Colleyville
Page 5
Printed on 3/30/2007
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City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number:
Version: 1
Requester: Office of the City
Secretary
File Name: Discussion of the April 3, 2007, City Council regular agenda items
File Type: Pre Council
Agenda Date: 04/03/2007
Agenda No.: PC-3
Status: Pre Council
Controlling Body: City Council
Final Action:
Attachments:
History of Legislative File
Version: Date:
Acting Body:
Action Text:
04/03/2007 City Council
Title
Discussion of the April 3, 2007, City Council regular agenda items
City of Colleyvil/e
Page 1
Printed on 3/26/2007
\Gee
-n......,,,;,,
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Version:
File Type: Executive Session Status: Executive Session
Agenda Date: 04/03/2007 Controlling Body: City Council
Agenda No.: 1 Final Action:
File Number:
Requester: Office of the City
Secretary
File Name: Executive Session - Legal Consultation - April 3, 2007
Attachments:
History of Legislative File
Version: Date:
Acting Body:
Action Text:
04/03/2007 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 - Discussion of litigation - Raman Chandler v. City of Colleyville
Sec. 551.071 - Legal - Discussion of litigation - Charleda Jean Elliott v. John Smith,
Wildwood Suites Property Management, Inc., Ian Robert Smith, Montclair Parc
Homeowners Association, Inc., Montclair Parc, Inc., and the City of Colleyville
Sec. 551.072 - Property - Deliberate the purchase, lease, exchange or value of real
property
Sec. 551.087 - Economic Development - Discuss and deliberate commercial and
financial information received from business prospects the City seeks to have locate,
stay or expand within the City
City of Colleyville
Page 1
Printed on 3/28/2007
RESOLUTION R-07 -2822
A RESOLUTION APPROVING COUNCIL ACTION
REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR
CITY COUNCIL MEETING OF
APRIL 3, 2007
WHEREAS, following discussion in Executive Session, and in full accordance with the
requirements of the Open Meetings Act, the City Council determines that the
following action is in the best interests of the health, safety and welfare of the
public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the following actions of the City Council are hereby adopted and
approved:
a. THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES,
ON THIS THE DAY OF
NAYS AND
2007.
ABSTENTIONS
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1 000
www.colleyville.com
File Number:
File Type: Presentation or
Proclamation
Status: Presentations or
Proclamations
Version:
Agenda Date: 04/03/2007
Agenda No.: 3
Controlling Body: City Council
Final Action:
Requester: Office of the City
Secretary
File Name: Presentations and Proclamations - April 3, 2007
Attachments: 3 Briefing.pdf' Child Abuse Prevention Proclamation' Pleasant Run Baptist Church 130
Year Anniversary Proclamation . National Public Safety Telecommunicators Week
Proclamation . National Library Week and National Library Workers I Day Proclamation .
Robert McCormick Plaque
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 04/03/2007 City Council
Title
PROCLAMATIONS
Child Abuse Prevention Month - April 2007 - Sommer Houser, Associate Director, Alliance
for Children Northeast Center Coordinator
Pleasant Run Baptist Church 130 Year Anniversary - April 7-8, 2007 - Leonard Allen,
Chairman of Deacons
National Public Safety Telecommunicator's Week - April 8-14, 2007 - Rose Zalewski,
Communications Supervisor
National Library Week - April 15-21, 2007 and National Library Workers' Day - April 17,
2007 - Mary Rodne, Library Director
PLAQUE
Robert McCormick - In recognition of service on the Planning and Zoning Commission
City of Colleyville
Page 1
Printed on 3/29/2007
roclamation
CITY OF
Colleyville,
Texas
WHEREAS: 17,440 reports of abuse
and neglect were reported in Tarrant County in 2006; and
WHEREAS, 4,463 cases of child abuse and neglect were confirmed in Tarrant County
in 2005; and
WHEREAS, Alliance for Children provided child-focused services to 2,213 children in
2006, which includes 414 children in Northeast Tarrant County; and
WHEREAS, child abuse prevention is a community responsibility and finding solutions
depends on involvement among all people, and every effort must be made
to promote programs that benefit children and their families; and
WHEREAS, effective child abuse prevention programs succeed because of partnerships
among agencies, schools, religious organizations, law enforcement
agencies, and the business community, and everyone should become more
aware of child abuse prevention and consider helping parents raise their
children in a safe, nurturing environment.
NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE,
TEXAS, on behalf of the Colleyville City Council and the citizens of
Colleyville, do hereby proclaim April 2007 to be
CHILD ABUSE PREVENTION MONTH
and call upon all citizens, community agencies, religious organizations,
medical facilities and businesses to increase their participation in our efforts
to prevent child abuse, thereby strengthening the communities in which we
live.
IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville,
Texas, affixed this 3rd day of April 2007.
~~
Mayor
ce1e
Texas
roclamation
CITY OF
Colleyville,
Texas
WHEREAS: a presbytery consisting of A. J. Hallford,
J. Q. Barnett, M. J. Mills and L. H. Foster gathered under a large oak tree to
organize the Pleasant Run Baptist Church on April 7, 1877; and
WHEREAS, Pleasant Run Baptist Church built their first church house in August, 1904, on land
donated by Dave Vickers and W. H. Throop and when the building was dedicated in
November, Elihu Newton preached the dedication sermon; and
WHEREAS, the history of the Pleasant Run Baptist Church shows steady growth through the
1930's, 1940's and 1950's to include an addition to the front of the original building
in 1935, the formation of the Pleasant Run Baptist Church Woman's Missionary
Society in 1939, the purchase of land in 1946 to build a parsonage which was
dedicated in 1947, an addition of a sanctuary and school bell in 1949 and in 1950,
the dedication of a two-story education building; and
WHEREAS, in 1942, Doris Jo Simmons, atthe age often, began playing the piano and organ for
the church and has continued for the last 65 years. In 1941, Pastor Jesse Allison
voluntarily served in the U.S. Army as Army Chaplin during World War II and
returned in 1947 to pastor again at the church until 1952. Reverend Terry Cashion
accepted the call as the Pleasant Run Baptist Church full-time pastor in 1967 and
continued for 32 years; and
WHEREAS, Pleasant Run Baptist Church dedicated a modern, air-conditioned sanctuary on
May 17, 1970 and the church was designated a Texas historical site by the Texas
State Historical Commission in 1979; and
WHEREAS, Pleasant Run Baptist Church continues to develop programs and outreach and is
deeply entrenched in the rich history of Colleyville.
NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on
behalf of the Colleyville City Council, do hereby proclaim April 7, 2007 as
PLEASANT RUN BAPTIST CHURCH DAY
in the City of Colleyville, Texas, and encourage our citizens to participate in the
activities of the day and wish the church many years of continued service to our
community.
IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed
'hi, 3'" day of Ap,i12007. ~J J/
ce1e
Texas
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
roclamation
CITY OF
Colleyville,
Texas
WHEREAS, every day, dedicated public
safety telecommunicators answer calls for assistance; and
telecommunicators serve as the vital links within our city, dispatching
police, fire or emergency medical services; and
when an emergency occurs the prompt response of police officers,
firefighters and paramedics is critical to the protection of life and
preservation of property; and
the safety of our police officers and firefighters is dependent upon the
quality and accuracy of information obtained from citizens who telephone
the Colleyville communications center; and
telecommunicators are the first and most critical contact our citizens have
during an emergency; and
telecommunicators are the single vital link for our police officers and
firefighters, monitoring their activities by radio, providing them information
and insuring their safety; and
telecommunicators have contributed substantially to the apprehension of
criminals, suppression of fires and treatment of patients; and
the City of Colleyville's telecommunicators continuously exhibit
compassion, understanding and professionalism in the performance of a
challenging job.
NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE,
TEXAS, on behalf of the Colleyville City Council and the citizens of
Colleyville, do hereby proclaim the week of April 8 - 14, 2007 as
NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK
in the City of Colleyville and urge everyone in our community to express
appreciation to our telecommunicators for their continued dedication and
commitment to our safety.
IN WITNESS WHEREOF,I do hereby set my hand and seal of the City of Colleyville, Texas,
affixed this 3" day of Ap," 2007. ;1)~
or
ce1e
Texas
Presented to
ROBERT McCORMICK
In Appreciation for
Dedication and Service
on the
Planning and Zoning Commission
2005-2007
RESOLUTION R-07 -2823
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF APRIL 3, 2007
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 March 20,
2007
b. Approval of the Colleyville Trails and Sidewalks Committee
recommendations for the FY 2006-07 sidewalk construction
c. Approval of a bid award for renovation of softball fields at City Park to
Sports Field Solutions, in an amount not to exceed $60,000.00, and
authorize the City Manager to execute the contract
d. Approval to establish a Senior Center Open Space Master Plan
Committee
e. Approval of a donation of up to $10,000.00 from the Colleyville Soccer
Association for a lightning detector system at Pleasant Run Park
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF
ON THIS THE DAY OF
AYES,
NAYS AND
2007.
ABSTENTIONS
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
cee
't'eJw-ii
City of Colleyville
City Council Minutes - Draft
City Council
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Tuesday, March 20, 2007
CITY COUNCIL CHAMBERS
PC-1
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on March 20, 2007, at 5:31p.m.
ROLL CALL: Council persons George Boll, Tony Licata, Rich
Hendler, Tom Hart and Mike Taylor were present. Mayor David
Kelly, City Manager Bill Lindley, Assistant City Manager Dal
Anderson, Police Chief Tommy Ingram, Fire Chief Mike Johnston,
Public Works Director Steve Chutchian, Finance Director Terry
Leake, Acting Community Development Director Chris Fuller,
Budget and Administrative Services Manager Stephen Seidel,
Communications Manager Mona Gandy, Human Resources Director
Kelly Cooper, Parks and Recreation Director Monica Walsh,
Recreation Supervisor Luke DeFilippis, Records Coordinator Nicole
Seidel, Management Assistant Matt McCombs, Audio Visual
Technician Les Earwood, City Attorney Matthew Boyle and City
Secretary Cynthia Singleton were also present.
Mayor Pro Tern Jon Ayers was absent.
Mayor Kelly introduced Mayor Oscar Trevino and City Manager Larry
Cunningham of North Richland Hills.
Presentation and overview of Tarrant County Projects by Commissioner
Fickes
County Commissioner Gary Fickes introduced Carolyn Sims, Precinct
Administrator and Neal Welch, Director of Field Operations.
Commissioner Fickes provided an overview of Tarrant County projects,
current City and County street projects and funding timeline for projects.
He further stated information regarding Tarrant County road projects
may be accessed at www.trtcmobility.org and spoke of the need for John
Peter Smith Hospital satellite facilities in northeast Tarrant County.
Councilman Hendler expressed appreciation to Commissioner Fickes for
the partnership between the County and City for road projects.
City of Colleyville
Page 1
Printed on 3/28/2007
City Council
City Council Minutes - Draft
March 20, 2007
PC-2
Discussion regarding proposed Comprehensive Development
Agreement (CDA) legislation and probable impacts on Dallas-Fort Worth
(DFW) transportation projects
Mayor Oscar Trevino of North Richland Hills presented information
regarding the proposed Comprehensive Development Agreement
legislation, potential impacts on Dallas-Fort Worth transportation projects
and answered questions of the Council. He further stated that the
Tarrant Regional Transportation Coalition is requesting that local officials
send letters opposing the legislation to legislators.
Council determined that a letter opposing SB 1267 and HB 2772 would
be sent to Senator Jane Nelson and Representative Vicki Truitt.
PC-3
Presentation of the Monthly Financial Report - February 2007
The meeting was adjourned prior to this item being discussed.
PC-4
Discussion of the proposed amendments to the Records Management
Ordinance 0-90-797
The meeting was adjourned prior to this item being discussed.
PC-5
Review of proposed web pages detailing the Capital Improvement Plan
The meeting was adjourned prior to this item being discussed.
PC-6
Update concerning RFP process for refuse and recycling services
Budget and Administrative Services Manager Stephen Seidel provided
an update regarding the Refuse and Recycling Request for Proposal
(RFP) process and actions taken by peer cities related to refuse and
recycling.
Council determined that staff will continue the RFP process and meet
with IESI representatives regarding the current contract.
PC-7
Discussion of the March 20, 2007, City Council regular agenda items
There was no discussion of the regular agenda items.
There being no further business, Mayor David Kelly declared the Pre
Council meeting adjourned at 6:52 p.m.
City of Colleyville
Page 2
Printed on 3/28/2007
City Council
City Council Minutes - Draft
March 20, 2007
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly at 7:00 p.m.
ROLL CALL: Councilpersons George Boll, Tony Licata, Rich
Hendler, Tom Hart, and Mike Taylor were present. Mayor David
Kelly, City Manager Bill Lindley, Assistant City Manager Dal
Anderson, Police Chief Tommy Ingram, Fire Chief Mike Johnston,
Public Works Director Steve Chutchian, City Engineer Chad Bartee,
Community Development Director Barry LeBaron, Acting
Community Development Director Chris Fuller, Communications
Manager Mona Gandy, Human Resources Director Kelly Cooper,
Parks and Recreation Director Monica Walsh, Audio Visual
Technician Les Earwood, City Attorney Matthew Boyle and City
Secretary Cynthia Singleton were also present.
Mayor Pro Tern Jon Ayers arrived at 7:15 a.m.
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 - Discussion of litigation - Raman Chandler v.
City of Colleyville
Sec. 551.071 - Legal - Discussion of litigation - Charleda Jean Elliott
v. John Smith, Wildwood Suites Property Management, Inc., Ian
Robert Smith, Montclair Parc Homeowners Association, Inc.,
Montclair Parc, Inc., and the City of Colleyville
Sec. 551.072 - Property - Deliberate the purchase, lease, exchange
or value of real property
Sec. 551.087 - Economic Development - Discuss and deliberate
commercial and financial information received from business
prospects the City seeks to have locate, stay or expand within the
City
Mayor Kelly explained that the Executive Session had been called in
accordance with the Texas Government Code Chapter 551, Subchapter
D, Section 551.071, Legal, Section 551.072, Property, and Section
551.087, Economic Development. He further explained that there would
be no decisions made or action taken during this time. The meeting was
recessed at 7:01 p.m. and reconvened at 7:49 p.m.
City of Colleyville
Page 3
Printed on 3/28/2007
City Council
City Council Minutes - Draft
March 20, 2007
INVOCATION: Dorothy Eggering, Good Shepherd Catholic Community
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-07-2819
There was no action taken on this item.
3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL
AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
Councilman Taylor, on behalf of the City Council, commended the Fire
Department personnel and Police Department personnel for the
decorum, dignity and care exhibited after a fatal accident.
Mayor Kelly invited children, infants to 9 years old, to participate in the
Candy Free Egg Hunt at City Park, 3:00 to 5:00 p.m. on March 31, 2007
and for children age 10 to 14, a Good Night Egg Hunt will be held at City
Park, 6:30 to 8:00 p.m.
Mayor Kelly expressed appreciation to Assistant City Manager Dal
Anderson who is leaving the City and wished him success in his new
endeavors.
Mayor Kelly recognized Brian Wilson, Police Officer; Steve Chutchian,
Public Works Director; Michael Stephens, Firefighter/Paramedic; Mike
Almy, Parks Maintenance Worker; Luke DeFilippis, Recreation
Supervisor; Gary Keahey, Equipment Operator; Patrick Starrett, Police
Officer and Marilyn Gilbert, Colleyville Center Administrative Assistant for
one year of service, and Debby Scott, Assistant to the Finance Director
for fifteen years of service to the City.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-07-2820
4a Approval of the minutes of the regular City Council meeting of March 6,
2007
4b Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres
located in the 1600 block of Sanders Lane, Case P-07 -009
4c Approval of a donation of up to $10,000.00 from the Colleyville Baseball
Association for a lightning detector system at City Park
City of Colleyville
Page 4
Printed on 3/28/2007
City Council
City Council Minutes - Draft
March 20, 2007
4d
Approval of a donation of $5,000.00 from the Colleyville Baseball
Association and a donation of $2,500.00 from the Colleyville Girls
Softball Association for artificial turf replacement at Reagan Park
4e
Approval of a local historical marker entitled "Frontier Justice" to be
placed at the Riley Family Cemetery
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-07-2820.
Councilman Hendler seconded the motion.
The motion carried by the following vote:
Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
Mayor Kelly expressed appreciation to the Colleyville Baseball
Association and the Colleyville Girls Softball Association for contributions
to improve Reagan Park.
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-07-1611 Approval of a Zoning Change from AG-Agricultural to R20-Single Family
Residential on 6.4 acres out of the George W. Teeter Survey located at
1301 Glade Road, Case Z-07-005
Mayor Kelly read the caption of Ordinance 0-07-1611.
Mayor Kelly opened the public hearing.
Mr. Ron Shirley, Southlake, Texas, applicant, proposed the approval of
R20 zoning conditional upon drainage study results.
Mr. Steve Hickson, 1315 Glade Road, spoke in opposition to the
proposed ordinance, future development in the area and regarding
roadways.
Ms. Connie Hickson, 1315 Glade Road, spoke in opposition to the
proposed ordinance and regarding the Master Plan.
City of Colleyvi/le
Page 5
Printed on 3/28/2007
City Council
City Council Minutes - Draft
March 20, 2007
Mr. Todd Hickson, 1315 Glade Road, spoke in opposition to the
proposed ordinance and regarding the Master Plan related to the
proposed zoning and traffic flow.
Mr. Andy Hickson, 1315 Glade Road, spoke in opposition to the
proposed ordinance and regarding potential traffic congestion related to
the proposed subdivision.
Mr. Wes Lansford, 1313 Glade Road, spoke in opposition to the
proposed ordinance and regarding traffic flow, the Master Plan and
estate lots.
Mr. Chris Jefferson, 6749 St. Martins, spoke in opposition to the
proposed ordinance and in support of the Master Plan.
Mr. Roy Jackson, 1117 Garry Lynne, representing his father George
Jackson, 1117 Garry Lynne, spoke regarding drainage issues, traffic flow
and the Master Plan.
Mr. Keith Mouney, 1216 Chatsworth Drive, spoke in opposition to the
proposed ordinance and regarding lot size along Glade Road and in
appreciation of the Pledge of Allegiance and prayer recited prior to the
Council meeting.
Mr. Clifton Duke, 3416 Circle Bend Place, spoke in favor of the proposed
ordinance and regarding the drainage issues and the floodplain.
Ms. Michele Whitten, 1205 Garry Lynne, spoke in opposition to the
proposed ordinance.
Ms. Linda Whitten, 1209 Garry Lynne, spoke in opposition to the
proposed ordinance and regarding standing water in the backyard.
Mr. Jeff Vanderpool, 601 Shelton Drive, spoke in opposition to the
proposed ordinance and regarding open space.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Mayor Kelly requested that the City Attorney address the proposal made
by the applicant, Mr. Ron Shirley, related to drainage.
City Attorney Matthew Boyle stated "it would be a conditional consent to
City initiated rezoning. The City always has the ability to unilaterally
rezone property and this would effectively be the owner's anticipatory
consent being granted to the City that they would not oppose or in any
way stand against a City initiated rezoning if that condition was met. The
City of Colleyville
Page 6
Printed on 3/28/2007
City Council
City Council Minutes - Draft
March 20, 2007
condition in that case being the inability of the applicant to successfully
plat the property based on drainage concerns."
Discussion ensued regarding the future land use map related to density,
setback, trees and drainage plan.
Mayor Kelly moved to approve Ordinance 0-07-1611.
Councilman Taylor seconded the motion.
The motion failed by the following vote:
Aye: 1 - David Kelly
Nay: 6 - George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom
Hart, Mike Taylor
Mayor Pro Tem Ayers moved to deny Ordinance 0-07-1611.
Councilman Boll seconded the motion.
The motion carried by the following vote:
Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
5b 0-07-1612 Approval of a Zoning Change from AG-Agricultural to R20-Single Family
Residential on 0.65 acres out of the S.C.H. Witten Survey located at
5504 Montclair Drive, Case Z-07 -006
Mayor Kelly read the caption of Ordinance 0-07-1612.
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 Ordinance 0-07-1612.
Councilman Hart seconded the motion.
The motion carried by the following vote:
Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
City of Colleyville
Page 7
Printed on 3/28/2007
City Council
City Council Minutes - Draft
March 20, 2007
5c 0-07-1613 Approval to an Amendment to Chapters 9 and 14 of the Land
Development Code regarding emergency access gate maintenance,
Case G-07 -007
Mayor Kelly read the caption of Ordinance 0-07-1613.
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 Ordinance 0-07-1613.
Councilman Kelly seconded the motion.
The motion carried by the following vote:
Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a 0-07 -1614 Approval for a Special Use Permit for alcohol sales on Lot AR of the
E.M. Thompson Subdivision located at 5224 Colleyville Boulevard, Case
Z-07 -003
Mayor Kelly read the caption of Ordinance 0-07-1614.
Acting Community Development Director Chris Fuller provided an
overview of the request, history of the property, the Planning and Zoning
recommendation and information related to the hours of operation.
Mayor Kelly opened the public hearing.
Mr. Ben Johnson, 1712 Oak Knoll Drive, member of First Baptist Church,
spoke in opposition to the proposed ordinance.
Ms. Sandra Williamson, 5509 Janet Lane, homeowner and member of
First Baptist Church, spoke in opposition to the proposed ordinance and
regarding a healthy lifestyle and safety concerns related to the proposed
business.
Mr. Dale Molden, 105 Timberline Drive North, spoke in opposition to the
proposed ordinance and regarding previous businesses at the location.
City of Colleyville
Page 8
Printed on 3/28/2007
City Council
City Council Minutes - Draft
March 20, 2007
Mr. Darius McKay, 1322 Briar Ridge Drive, Keller, Texas, Pastor, spoke
in opposition to the proposed ordinance and regarding the Master Plan,
family community and hours of operation of the proposed business.
Mr. Michael Ray, 5405 Pleasant Run Road, Pastor, First Baptist Church,
spoke in opposition to the proposed ordinance and hours of operation of
the proposed business.
Mr. Richard Schoulin, 1200 Clubhouse Court, South lake, member of
First Baptist Church, spoke in opposition to the proposed ordinance and
regarding the distance between the children's activity room and the
business property.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Acting Community Development Director Chris Fuller stated the
applicant is requesting the item be tabled and the Public Hearings be
held April 3 and April 17, 2007.
City Council determined that the second public hearing would be held
April 3, 2007.
Councilman Taylor stated that he is a member of the First Baptist
Church of Colleyville.
6b 0-07-1615 Approval to declare unopposed candidates in the May 12, 2007, General
Election elected to office and canceling the election
Mayor Kelly read the caption of Ordinance 0-07-1615.
City Secretary Cynthia Singleton reported that there are no write-in
candidates and each candidate on the ballot is unopposed for election to
office and under these circumstances, the Texas Election code
authorizes the City Council to declare the candidates elected to office
following the time the election results would be canvassed and cancel
the May 12, 2007 General Election. The candidates will take office May
15, 2007.
Mayor Kelly opened the public hearing.
Mr. Jim Moore, 1416 Glade Road, spoke in support of the proposed
ordinance and suggested purchasing recumbent bicycles for the Senior
Center with the funds designated for election expenses.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
City of Colleyville
Page 9
Printed on 3/28/2007
City Council
City Council Minutes - Draft
March 20, 2007
Councilman Hendler stated that Councilman Boll, who is not running for
City Council, is part of the success and stability of the City Council and it
is an honor serving beside him.
Councilman Taylor congratulated Mayor Kelly, Councilman Licata and
Ms. Carol Wollin for a victory at the polls.
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak concerning this item.
8. REPORTS:
Senior Center Advisory Committee Minutes - January 18, 2007
Parks and Recreation Advisory Board Minutes - February 5, 2007
Zoning Board of Adjustments Minutes - February 13, 2007
Planning and Zoning Commission Minutes - February 26, 2007
There was no action taken on this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 20, 2007
- READING AND PUBLIC HEARING - Resolution R-07-2821
This resolution was not needed.
10. ADJOURNMENT:
There being no further business before the City Council, Councilman
Taylor moved to adjourn.
Councilman Hart seconded the motion.
The motion carried by the following vote:
Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
Mayor Kelly adjourned the meeting at 9:08 p.m.
City of Colleyville
Page 10
Printed on 3/28/2007
City Council
City Council Minutes - Draft
March 20, 2007
APPROVED BY A VOTE OF
ABSTENTIONS ON THIS THE
AYES,
DAY OF
NAYS AND
2007.
Minutes taken and prepared by:
Cynthia Singleton, TRMC, CMC
City Secretary
City of Colleyvi/le
Page 11
Printed on 3/28/2007
ccee
,~~,:;..
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number:
Version: 1
File Type: Resolution
Status: Consent Agenda
Requester: Office of the City
Manager
File Name: Approval of the Colleyville Trails and Sidewalks Committee recommendations for FY 2006-07
sidewalk construction
Agenda Date: 04/03/2007
Agenda No.: 4b
Controlling Body: City Council
Final Action:
Attachments: Colleyville Trails and Sidewalks Committee 2007 Sidewalk Priorities · Original CIP · Revised
CIP.pdf
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 04/03/2007 City Council
Title
Approval of the Colleyville Trails and Sidewalks Committee recommendations for the FY
2006-07 sidewalk construction
Explanation
Reading and Public Hearing
The Trails, Pathways and Sidewalks Five Year Capital Improvement Program (CIP) was
authorized by Council on January 17, 2006, and provided an annual schedule for sidewalk
funding and construction. Sidewalk improvements were designated in certain areas for
each of the five consecutive years. Funding for FY 2006-07 has been established in the
amount of $35,000.00 and includes the following locations:
. Glade Road at Behrens Court
. Glade Road at the intersection of Stafford Drive and Bluebonnet Drive
. Glade Road, Duke Tract at Riverwalk Drive
The Colleyville Trails and Sidewalks Committee recommends the following changes to the
Five Year Capital Improvement Program. The FY 2006-07 projects listed above will be
moved to FY 2007-08 to accommodate the needs of the new elementary school which is
currently under construction along Pleasant Run Road. Accordingly, the remaining
sidewalk projects for FY 2007-2010 will be moved down the list, by one year. The new
recommendations for FY 2006-07 sidewalk improvements are as follows:
. The west side of Pleasant Run Road from Beverly Drive to Bogart Drive ($8,500)
. The west side of Waller Lane and the south side of Cooks Lane ($14,500)
. A crosswalk at the intersection of Shelton Road and Pleasant Run Road ($1,000)
City of Colleyville
Page 1
Printed on 3/29/2007
Agenda Briefing Continued
. Construction of a portion of sidewalk along the north side of Tinker road from Emerald
Drive to Pleasant Run Road ($11,000)
Financial Impact
It has been determined funds totaling $35,000.00 are available from the Engineering
operating budget, line item 001-18-6388, sidewalk construction.
Recommendation
Approval
City of Colleyville
Page 2
Printed on 3/29/2007
Memorandum
To: Mayor and Council
cc: City Staff
From: Gail Manion, Chair
Trails and Sidewalks Committee
Date: 3/14/2007
Re: Trails and Sidewalk Committee 2007 Sidewalk Priorities Update
Due to the construction of the new Colleyville Elementary School, the sidewalk priorities have
changed. The following represent the realignment of priorities as voted on and unanimously
approved by the Colleyville Trails and Sidewalks Committee.
The projects listed on the CIP plan for the next five years are now a lower priority than the projects
needed around the school, and should be shifted down in ranking by one year, respectively.
The recommended projects for 2007 are:
The west side of Pleasant Run, from Beverly to Bogart, and continuing around the corner of
Beverly. The Police Department has proposed a crosswalk at the intersection of Bogart and
Pleasant Run. This project will allow children approaching that crosswalk from Beverly to
remain off and away from the street.
Linear feet: 315+ Estimated Cost: $8,500
The west side of Waller Lane and the south side of Cooks Lane. This project will connect the
current sidewalk from Hardage Estates to the existing school access point at Cooks Ln.
Linear Feet: 650 Estimated Cost: $14,500
Shelton Road crosswalk and connection to north end of school property trail. This project
location has not been defined. The east side of Pleasant Run is a preferred location, but it is
on the trail plan, and therefore sidewalk funds cannot be expended there. A small temporary
pathway could be an option on the east side or the west side, with input from the police
department about a crossing location.
Construction of these projects would use the budgeted amount of sidewalk fund for 2006-2007. If any
of these projects could not be constructed, the backup project would be a section of the north side of
Tinker from Emerald to Pleasant Run.
Respectfully Submitted,
Gail Manion, Chair
Trails and Sidewalk Committee
1
Trail/Sidewalk Se ment
Glade Road at Behren's Court
Sidewalk
Glade Road at Stafford -
Bluebonnet Intersection
Crosswalk
Glade Road - Duke tract at
Riverwalk Drive
Original Sidewalk CIP
Descri tion
Pro.ect
This is a 5' wide sidewalk on This project is approximately
the south side of Glade Road 478 linear feet and will require
between Behren's Road and easement or right-of-way
Behren's Court acquisition
This is a 5' wide sidewalk
Cost
$20,000
This project is approximately $ 7,500
200 linear feet
Th'" 5"d "d Ik This project is approximately
IS IS a WI e Sl ewa on" .
th th'd f GI d R d 275 linear feet from Rlverwalk $ 4,500
e sou Sl e 0 a e oa Dr intersection to the east
Glade Road (Hubbard Tract) This is a 5' wide sidewalk
Glade Road at Bedford Road This is a 5' wide sidewalk
Hardage Cut-through
Glade Road at Bluebonnet
(Bone Est. property)
This project is approximately
275 linear feet
$ 10,000
This project extends from
Bedford Road to the entrance
to the Albertson's shopping
center $ 20,000
This is a 5' wide sidewalk,. . .
" t I 1 100 I' ThiS project will connect
approxlma e y mea .
feet ' Ponderosa With Cooks Lane
No projects scheduled
This project is approximately
380 linear feet
This is a 5' wide sidewalk
$ 37,490
$ 22,000
Trail/Sidewalk Sa ment
Pleasant Run from Beverly
Drive to Bogart Drive (West
Side)
Waller Lane (West side) and
Cooks Lane (South Side)
Pleasant Run/Shelton Drive
crosswalk
Tinker Road from Emerald
Drive to Pleasant Run (North
side)
Glade Road at Behren's Court
Sidewalk
Glade Road at Stafford -
Bluebonnet Intersection
Crosswalk
Glade Road - Duke tract at
Riverwalk Drive
Revised Sidewalk CIP
Descri tion
Pro.ect
This is a 5' sidewalk on the
West side of Pleasant Run. .. .
b tw B I d B rt This project IS approximately
e een every an oga, 315 I' & t
d t.. d th mear lee.
an con mUlng aroun e
corner of Beverly.
This is a 4' sidewalk on the
West side of Waller and Th' . t'
. . IS proJec IS
contmulng around the North 650 I' f t
'd f C k t th mear ee.
Sl e 0 00 s 0 e
school ard cuthrou h.
This is a crosswalk at the
intersection of Pleasant Run
and Shelton Drive.
Cost
$ 8,500
approximately $14,500
This is a 4' sidewalk on the
North Side of Tinker from This project is approximately
Emerald Drive to Pleasant 610 linear feet.
Run.
This is a 5' wide sidewalk on This project is approximately
the south side of Glade Road 478 linear feet and will require
between Behren's Road and easement or right-of-way
Behren's Court acquisition
This is a 5' wide sidewalk
$ 1,000
$11,000
$20,000
This project is approximately $ 7,500
200 linear feet
Th" 5"d 'd Ik This project is approximately
IS IS a WI e Sl ewa on. .
th th'd f GI d R d 275 linear feet from Rlverwalk $ 4,500
e sou Sl e 0 a e oa Dr intersection to the east
Glade Road (Hubbard Tract) This is a 5' wide sidewalk
Glade Road at Bedford Road This is a 5' wide sidewalk
Hardage Cut-through
Glade Road at Bluebonnet
(Bone Est. property)
This project is approximately
275 linear feet
$10,000
This project extends from
Bedford Road to the entrance
to the Albertson's shopping
center $ 20,000
This is a 5' wide sidewalk, Th' . t '11 t
. t I 1 100 linea IS proJec. WI connec
approxlma e y, Ponderosa With Cooks Lane
feet
This is a 5' wide sidewalk
This project is approximately
380 linear feet
$ 37,490
$22,000
cene
n...~.,..
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number:
File Type: Resolution
Agenda Date: 04/03/2007
Requester: Parks and Recreation Agenda No.: 4c
Department
File Name: Approval of a Bid Award for renovation of softball fields at City Park to Sports Field Solutions, in
an amount not to exceed $60,000.00, and authorize the City Manager to execute the contract
Status: Consent Agenda
Version:
Controlling Body: City Council
Final Action:
Attachments: Financial Status of Voluntary Park Fund as of 2-28-2007
History of Legislative File
Version: Date:
Acting Body:
Action Text:
04/03/2007 City Council
Title
Approval of a bid award for renovation of softball fields at City Park to Sports Field
Solutions, in an amount not to exceed $60,000.00, and authorize the City Manager to
execute the contract
Explanation
Reading and Public Hearing
Bid specifications for "Renovation of Softball Fields at City Park", Bid Number 07-02, were
prepared and the City advertised for bids on February 25, 2007 and March 4, 2007. A total
of three bids were received.
CONTRACTOR
BID AMOUNT
$ 56,249.65
$ 82,447.50
$117,900.00
1) Sports Field Solutions
2) Greenscaping
3) Landscapes Unlimited, LLC
The cost estimate for this project, obtained during last year's FY 2007 budgetary process,
was $60,000.
This project will improve safety and drainage of softball fields at City Park. All three City
Park softball fields have experienced lip build-up in the transition zone from the turf area to
the skinned area. Lip build-up can cause bad hops of softballs hit into these areas.
Approximately ten feet of grass on the outfields will be removed. The outfield grass area
identified for removal will start at the skinned areas and work out into the outfields ten feet.
Grass removal will include all grass inside the outside arc to first base and third base line
fences and dugouts. Infields will be laser graded to ensure positive fall from behind home
City of Colleyville
Page 1
Printed on 3/29/2007
Agenda Briefing Continued
plate and to the outfield. Additionally, twenty feet of grass sod will be removed from the
outfield fence line; fifteen feet inside the fence arc and five feet outside the fence arc. The
outfield fence line will be laser graded to ensure positive fall away from the outfield fence
line. A new crushed red brick warning track will be installed in the area to improve field
drainage. New Tif 419 bermuda grass sod will be installed for all areas where grass is
removed. A smooth and level transition will be required from infield skinned areas to turf
areas on all three softball fields at City Park. This renovation will improve drainage and
safety but will continue to be a maintenance issue with an anticipated review every seven to
ten years.
The low bidder, Sports Field Solutions, meets specifications and requirements for this bid.
Three references for Sports Field Solutions were verified in order to ensure this contractor
has successfully completed athletic field renovations of similar size and scope of these
contract specifications. References included Texas Rangers baseball field (Arlington,
Texas), Stephenville Independent School District football/soccer field (Stephenville, Texas),
and Baylor University baseball field (Waco, Texas). In each case, the contacts for these
various organizations indicated Sports Field Solutions met and/or exceeded contract
specifications. Furthermore, Sports Field Solutions renovated City Park baseball fields
during FY 2006 and successfully completed these renovations per specifications. The
scope of work for this project is similar to the project that City Council approved for the
baseball fields last year. However, the softball field renovations will address and correct the
drainage problems around the outfield fence lines whereas the baseball fields did not
require this task. The drainage improvements to the outfield fence lines resulted in an
increase in per field cost from baseball field renovations.
The Parks and Recreation Department recommends approval of the bid award to Sports
Fields Solutions for the amount of $56,249.65. Staff is recommending a 6.5% project
contingency of $3,750.35 for a total amount not to exceed $60,000.00. The proposed start
date is June 12, 2007 and completion should occur before the beginning of softball's Fall
season.
City Attorney Matthew Boyle reviewed the contract documents prior to solicitation of bids.
The Parks and Recreation Advisory Board approved the Voluntary Park Fund budget for
this project on January 9, 2006. City Council approved the Voluntary Park Fund budget for
this project on January 17, 2006.
This project is in response to the City Council's objective to provide enhanced recreational
programs in the City and in accordance with City Charter Section 3.07, the City Manager
may be authorized to sign the contract.
Financial Impact
It has been determined that the $60,000.00 is budgeted for ballfield renovations in the
Voluntary Park Fund FY 2007 expenditures.
Recommendation
Approval
City of Colleyville
Page 2
Printed on 3/29/2007
FINANCIAL STATUS OF VOLUNTARY PARK FUND AT 2-28-2007
FUND BALANCE AT 9-30-2006:
FY 2007 REVENUE
Donations: PROJECTED ACTUAL
October $12,579 $12,579
November $12,693 $12.693
December $11,743 $11.743
January $12,293 $12,293
February $11,651 $11.651
March $12,000 $0
April $12,025 $0
May $12,050 $0
June $12.100 $0
July $12.150 $0
August $12.175 $0
September $12,200 $0
City Park Sign Revenue $100 $0
Total Donations $145,759 $60,959
Interest income Received $12,000 $367
TOTAL $157,759 $61,326
$771.868
FY 2007 EXPENDITURES
RECOMMENDED
(BOARD)
COTTON BEL T TRAIL PHASE III --
ADA IMPROVEMENTS ..
MC PHERSON PARK PHASE 1<<
BALLFIELD RENOVATIONS <<
L.D.LOCKETT HOUSE IMPROVEMENTS <<
PARKS AND RECREATION OFFICE IMPROVEMENTS <<
$46.325
$9,000
$500,000
$60,000
$50,000
$10,000
TOTAL
$675,325
UNENCUMBERED FUND BALANCE AT 2-28-2007 (COUNCIL APPROVED)
PROJECTED FUND BALANCE AT 9-30-2007
EXPENDITURE KEY:
EXPENDITURE KEY:
-- FY 2007 PROJECT/APPROVED JUNE 2001
.. FY 2007 PROJECT/APPROVED JULY 2003
<< FY 2007 PROJECT/APPROVED JAN 2006
APPROVED
(COUNCIL)
$46,325
$9.000
$500.000
$60,000
$50,000
$10,000
$675,325
EXPENDED
$0
$0
$0
$0
$0
$0
$0
$157,869
$254.302
+
'l(,:x~,~
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number:
File Type: Resolution
Status: Consent Agenda
Version: 1 Agenda Date: 04/03/2007
Requester: Parks and Recreation Agenda No.: 4d
Department
File Name: Approval to establish a Senior Center Open Space Master Plan Committee
Controlling Body: City Council
Final Action:
Attachments: Colleyville Economic Development Corporation Economic Development Capital Improvement
Program FY 2007 - FY 2011
History of Legislative File
Version: Date:
Acting Body:
Action Text:
04/03/2007 City Council
Title
Approval to establish a Senior Center Open Space Master Plan Committee
Explanation
Reading and Public Hearing
The City purchased the property at 2512 Glade Road in November 2005, to develop into a
Senior Center. In January 2006, City Council approved the purchase of an additional 2.6
acres of open space adjacent to the Senior Center. The property acreage owned by the City
is approximately 11.6 acres. City Council has designated approximately six acres as a
park.
In order to address both the current and future recreational and athletic needs of the City for
the Senior Center open space area, there is a need to establish a Senior Center Open
Space Master Plan Committee. The proposed committee would be composed of up to six
members, which will assist in developing a Master Plan and provide a recommendation to
the Parks and Recreation Advisory Board, the Senior Center Advisory Committee and City
Council. The proposed member structure of the Open Space Master Plan Committee is as
follows:
Parks and Recreation Advisory Board
. Pat Horn
. Sheryl Slack
Senior Center Advisory Committee
. Lila Coley
. Debra Minea
Grapevine -Colleyville Independent School District (GCISD)
. David Kinney, Principal, a.c. Taylor Elementary School
. Tiffany Green, a.c. Taylor Elementary School PTA member
City of Colleyville
Page 1
Printed on 3/29/2007
Agenda Briefing Continued
Newman, Jackson, Bieberstein, Inc. (NJB) will provide professional services for refinement
of the plan to reflect the program elements desired by City staff and the committee. NJB
will be responsible for data gathering, data evaluation and site review. Their fee will be
$21,245.00 for the project which will be funded from the CEDC budget.
There will be several meetings with the Senior Center Open Space Master Plan Committee
to incorporate their ideas for the Senior Center Open Space Master Plan. Newman,
Jackson, Bieberstein, Inc. will present a concept plan to the public, the Parks and
Recreation Advisory Board and the Senior Center Advisory Committee for their approval.
This project has met timelines on the FY 2007 work plan with the selection of a consultant
and a Master Plan Committee. Master Plan Committee meetings will begin in early summer
and continue throughout this fiscal year.
Financial Impact
It has been determined that there is no financial impact in establishing the Open Space
Master Plan Committee.
Recommendation
Approval
City of Colleyville
Page 2
Printed on 3/29/2007
COLLEYVILLE ECONOMIC DEVELOPMENT COPRORATION
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
REVENUES:
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
EXPENDITURES:
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
cee
"'.'''.1,,"
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1 000
www.colleyville.com
Version:
File Type: Resolution
Agenda Date: 04/03/2007
Status: Consent Agenda
Controlling Body: City Council
File Number:
Requester: Parks and Recreation Agenda No.: 4e Final Action:
Department
File Name: Approval of a donation of up to $10,000.00 from the Colleyville Soccer Association for a
lightning detector system at Pleasant Run Park
Attachments: City of Colleyville Donation Policy . Colleyville Soccer Association Donation and Transfer of
Title
History of Legislative File
Version: Date:
Acting Body:
Action Text:
04/03/2007 City Council
Title
Approval of a donation of up to $10,000.00 from the Colleyville Soccer Association for a
lightning detector system at Pleasant Run Park
Explanation
Reading and Public Hearing
At the November 6, 2006 Parks and Recreation Advisory Board meeting, the Board
requested that the City research installing detection systems at City Park and Pleasant Run
Park. On March 20, 2007, City Council approved a donation from the Colleyville Baseball
Association for a lightning detector system at City Park.
After discussions with the Board at several meetings about the budget process for this type
of request, the Colleyville Soccer Association said they would donate monies to facilitate the
request for a lightning detector system at Pleasant Run Park.
The Colleyville Soccer Association proposes to donate to the City of Colleyville up to
$10,000.00 for a lightning detector system at Pleasant Run Park. The lightning detection
system measures and analyzes weather conditions to predict lightning up to twenty minutes
before it strikes.
The lightning prediction system will include computer, horn, installation, training and battery
back-up. The system will monitor the entire park which consists of fourteen soccer fields.
Financial Impact
It has been determined that there is no financial impact.
City of Colleyville
Page 1
Printed on 3/28/2007
Agenda Briefing Continued
Recommendation
Approval
City of Colleyville
Page 2
Printed on 3/28/2007
CITY OF COLLEVILLE
DONATION POLICY
The City of Colleyville encourages donations to the City in support of its programs, services,
collections and facilities, for the enhancement of Colleyville. The purpose of this donation
policy is to provide a consistent and uniform policy for donation to the City of Colleyville; and to
provide the donor knowledge of the policies under which the donation is given and accepted.
All boards, commissions, committees, and City Council shall comply with this policy. All
departments and employees of the City of Colleyville remain subject to the City of Colleyville
Personnel Policy and Procedures Manual, however employees and departments shall comply
with these policies.
In the event additional policies of the Colleyville Center, the Library, the Parks Department, or
any other City of Colleyville entity conflict with this City of Colleyville Donation Policy, this
policy shall take precedent and supersede the policies of those entities.
Donations from the Friends of the Library and the Library Foundation are exempt from this
policy. The Librarian will report donations to the City Council.
All donations shall be made to the City of Colleyville by use of the uniform City of Colleyville
Donation and Transfer of Title form. Specifications including plans, drawings, photographs, or
details pertinent to the donated item, including anticipated annual operating cost, shall be
attached as a part of the form. All spaces on the form shall be completed or noted if not
applicable.
Any special stipulations, including location and use of a donation, shall be established in the
Stipulation section of the Transfer of Title form. If no such stipulation is recorded on the form
or the addendum as a part of that section, the City shall have the right to use the donation as
determined by the City, free of encumbrances.
The City reserves the right to refuse a donation. The donor reserves the right to withdraw the
donation before formal acceptance by City Council.
In a multi-item donation, items may be accepted on an item-by-item basis.
Items donated for exhibit will be subject to a rotation of exhibit time in order to provide a variety
of exhibits, and to protect items adversely affected by exhibition. The City shall have the right
to determine times of exhibit. Proper preservation and care of donated item(s) shall be defined
under Stipulations if necessary.
The City of Colleyville shall not place a monetary value on a donated item; nor shall the City
issue a receipt or record a monetary value that has been determined by the donor.
Subsequent City insurance/accounting valuations necessary to meet standard city procedures
are separate and apart from the donation process.
When both the signature of the Donor and of the Mayor, representing the City Council's
approval, complete the Donation and Transfer of Title document, the donation becomes the
property of the City of Colleyville.
A copy of the completed Donation and Transfer of Title form shall be given to the Donor as the
donor's record of donation.
Donations of funds are welcome. The City shall expend those funds on materials, equipment
or projects acceptable to the donor if requested. Donated funds shall be deposited in donation
fund accounts when defined, and shall not be intermingled with the General Fund or donation
fund accounts of other departments, boards or committees.
Funds and services-in-kind provided to City of Colleyville sponsored events Celebrate
Colleyville and Colleyville Proud Clean Sweep shall comply with this policy in the form of a final
report.
Funds below $1,000 will be excluded from these policies.
Loans of items shall not be accepted by the City of Colleyville. Exceptions for special items or
events shall be evaluated by the City Council, and require approval by the City Council.
CrTY OF COLLEYVILLE
DONAnoN AND TRANSFER OF mLE
,'" / t t
A I all ';'1(//4
oj
~ ...t.. ""
<:.r C' c..! (., { I (./' ~ give, assign. transfer. an
of Colleyville all of my rights. title. and interest in the materials described below:
~~". /-
I) ..y.,..., ~ V.... r -I...L.. ..-
i~ 'CC-l c'k./ , , I,e., Ie L-e ,/
,
,"
Funds i f{ 5Ci()
vf! . 'I"
iD/e /ooe I '1-
,1
" A
,vi ct \,"
. '
I
f)/
('
(/I( tl((';'V'0r
.,i ~
L...C~,,/
Stipulations (If any)
'. /', i
f, <' C tJ. " /'t?r.A
! ...
,
SpeclficatlonslPlanslPhotoslAnnual cost to city: Attached
,None~
I have read and understand the Donation Policy of the City of CoIIeyvlHe, and accept the provtsions (
. .'l
that policy. " /' ,7 / .
/ ~,~'~,~ /
S1gnatureofOonor(s) .,;7'q'L7-k-... ;:.: ';2.r;:;;;....4-~p 7 Date ~/27...zL)C: 7
.... #~ l I
0at8
Address of 00, nor j)(l) R,,\ 'X Q '7 L:
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City ~ ~("') l (C{ (jt ({r--" State . _ '"
PhoneNumbers: Home >J? '7 '('1/?~ (?;~/, · Office c1/t' p/f5- -.1i 52
ZIP
1(,03 <7'
RECEIVED by
Department
or
Soard
By
Council Approval Date
Date
Resolution/Ordinance Number
ACCEPTED for and in behalf of the City of CoIIeyviDe
By
Date
Mayor. City of CoIIeyville
Accession Number
,
I
I
i
~I To: ~-Olleyvi~~e~ity Council !
I Fax '1umber: ~\ry S <:;)3 \ \ ~~ . !
r'~--'-'---'-------'--i
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1 Date: 4/3/2007 I
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\ A facsimile from
Sandra Crawford
Williamson
l---------v-------.~-_.---~----,,-------".--,.------------------------...--1
Regarding: PLEASE read before your vote. Thank you so much for your time and
attention.
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I Commeots:
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L}UlJU} ~ oar In L.O~LeYV1He,leKI.\S news Ql1 local news only
On(1I Local' !New5~tr tu 11m.e
Colleyville News
~360DaUas'
__rf'''''lI-~~'''''''r
Pa..9t;: 1 of 4
Local News Only .com Sections
Se.."':tIOI1 l.itlkS or l.NO
S.arGh Lo"al Nw~ OI11y.C(;!'ll
~nrjl
S,re ~~ap
SlTEeBEARIZIE
n~'lr. U~';~'~S',:.\);1fIO''; 1;')1:") :1''.''.
lJpdatltd 12i03/0$ 04:4\1:111 AM
Colleyville Bar Assault
LNO Exclusive
To advertise contact
SaJes@!...Qc~l~~nJ:i.c;f.'JI1J.
'.-a;
lbralm "Manny' M4lna. rEported a$
ire local bar h::r.vner"
CllcI< on pMtO$ to erllargp.
II re...i~w of Cc:i.~ville ~ol.01: l'@~o~ci!!-
~ef'3r to "~~1anny" IIftilna a~il trl~'b<.!~iness
OWl'\et o~ 'J~ eslabiishrrent 'ocst&d a~
c224 Co:eyvll!e: 81\/0.. 9pprcxi>tla~"{ aeo
fj from a fro!'!t door or tne First 8ar.II~;t
ChJrel'l 01 Coile)'\I:IIe. Howli'\I~r, LNO'3
check of stale :lIcerds ~"ow that. e.~
~~~~~:~~:~::cl !~~~~rla s
Sources of lNO slated thGY h[~ been
_t:~~~~;:fac
....8 ,3F"arr..h,tll ~"tia.l~..i !:1'l.'::C('d!i.....
,l(:l!Jr'11~d 'JJJ1.f1"fn flIAw .lilli!"~.
..Jbr"ir1"1 M~'JU. No one WIU et lhe f~cmry ;c
OOIf'ffii I m:f wa!> t~~ S3rt1!!! ind,vldu.)i ih<'l
is <1!:lp8raotly now rVfl(1'llg ihJ.l (;oJ:eyv!li(1
:lI..$ln~;; The Ne..... J~rsey 'ndictr"1ei'l'
acroinsl Men.! '~'Q,i~d a bil1h dtlt'l of De,:
21. 19M, wl'1ile '''8)<1~ DL ir'l~o['rr .;;:Ion
Olh"'J,s 3 Ibra;m Men" with Ii b rth rJat-s of
Qr;:; 21. 1964
S'~~rchlils 0: Tex;S Cril"'linai R~c(lld!; :.lid rlC)t i'rJr)l)r'( convictions tM;~f .<p;)eerlid te:
prohibit Mens fmm cbtilidi''ti; 3 tlQ;~Or p"'r!'\~;\. ''''''''if' it CIJ!'\victiOl'l be e fticny ,~ffur::.e
i:' :.In)' sfllle 'A'OUld bi3 adequate to lilt.Soii' Clo\1;,J"l d;ffteulli", h .~b~d!f1!n1 sl.d~ ~ lll.mnit
i/le New Jer:sey bdictrne"1t, C""II;..::GM and ,,"lay 11, 19132 l':e.f\:Bl'le','19 of lbrairl
M~NI w!t~ for ~~ maI1uf:ari/,jj(M ..!'lei dl&11i..tll.t:JQD..~~nd ~a.i"" ,II, t~ree '''.'M
::!' son senten . wee, ll~d-ed nut ~~ Judge ~)le?l'll!ln Smit!" ~IC)~C \ri.t/, ;,; $;;.OQu
'j"s ;!tnd ie!':lIti1y j)rotla~i..,r f:'!?ri,xj 1I1QrGOl1'ler.
l,ttp://V.-l,...w. toc~.l nc"/~nly ..r:.ornP) 1 ne';'.'luo/clvne'Jo.';;/OS_12..03 smiLlys.hUrl
t/3/2.nOl
~mnty$ l::Iar if: C\1!ieyvi He, Texas >:Ie ws en Joe:!) l1e\vs only
The. ,
en FrI:lay. AIJ~J\,J$t 12, 7005 amund midnigr:, Colleyvi'le Oflic.n Chuck 'j"ir.s"!'ler
':::(Jr:ducl:!; 3 warrant lIervice on befl:ilif 01 t1.. TiiXQS Alcohol and 6e':'!~e
COrrtlilSSoO'l a~ tile IC";.Jt:ol'i r&fer~\3j ~O inlhs r$port a:s "Smilty... Sp:.rts 13~r '
'f I'\$m~n hiid oeel" ir!ormej earllei on Ira date by TASC Agel'll Brian Miers. 2l
flliT.,er CuPlljNiil$ ~cljCOl Offker, \hOlt iABC lieu :ssl.led-.o ar{~B~fJrant;
9'J ',.;, the sai f alcoho; to "minor. "rhe repori s.tated t at ~ ena~ o!ace.:
(.irice" arrest Qr'i ,:Lg:'l, ., .)r,;stice C~nce(,
0'1 "JO\i'wtP-' .~!:~ ll(c'~M s:oa pm, Coiley\'iil~ F'lif:U! ~ecorcs ir'iOI08te t"J! offi'.l8r
Beo E1Mlilrl;)ge WIOS t;i1'S~'a:c:hlld to 3ervp- ~l'\ arrGst warrant on the "OUSW.!:ss'", owner"
Ibrai'" Mena. T"e report :;tit&s tMt the Wl!Irrant was issl'i!d by the City I)f CClliayv:lle
and ~Iated ~ the oper~ticr, Of a pe:i hali il'llhe cily \A!ti10Clt a permit. ErheioQ' iirst
,bser-.ed Me".a r)~<Ir thE: !rent door. ,,$ked him /'0 c"n and l,f\Jrr~Jelj hi,., )f tl'e
"'al'~ant. Men:) Yil!lS r",porWd as '''Ie:) coor,:emlfve" ~,'d ;li15ked to tjrj...~ hi'!; psr;,',,,el
'ter-.ic~ 10 jail ll.,d pay the $$32 fine ~f,er o@il'!~ booked. Melllil was llllcwe.; I' '<)1)011'0
'h9 oflic9rto t'~e !;fii hel';a~ booked .and released after pllying his tine
Men~, ~l1o I!S:ll /1:;0 ,':;;~e adores:; on tl/a'ltatii."Jn 0811:s !:.lrI"e In Tr:lphy C::.:b. wa~ !iie
m.:t:1Je::t of ano'.r:er lIrrE!..: by Otfi:,er 91)b EthYtidg& on N"vI!!n'\:)l!!r '151. This lim", r..1~:I'1:i1
W59 participef'1t In a rlrElw, In H1e e:>(.aollshI118"~ ~nd, accor;j:ng to IMltness9t., whiie
holang him '1'1 <1 "1);01<11 !'lolo" w~s 1l1reateni"!g t~ kill Mich.".1 Cl'Melley 21 I')f
Scdh'al<e Wrier, (;e:'lev"!le i:>,.,iic.I'! Offioers Are'1Z fiBt arrived c~ ~:'e seen arOUf,C
230 am he Dbs~rveG cYMs:ley in :"'e fror~t of the tl<ii::ling b!eedir.g from U1e li.tt side
cf ~l5 heg(j. .,..,~c (.)1'fi~e' irrrNH!iately c.;ll/ed r:Jr the COil9YIII!ie ~i'G Oapariment to
tend medic.al a~Jlttlin::~e. Othe' CO,!.::yviilll Police i'lClUding iJfflCflr Mcfiiloden and
S~t. Cooo..r 3rrive,] nexi to .~eCIJ re th~ !lCel'le,
Offi':-.:.r !::~hp.r'dge id~r'tt;ned ~ W'r:'1ESS, S 22 year o.d rr...le f!'Om B~lrst. wt:c Geld '1e
saW;! .'l1M with ;l b.at strike O'M3i!~y Si!'IQI"<!1 til"r'as. W~(,m ti'!~ witness tried to
"'orceftJlI/' p\lfl tt'll bu~ir':1s<" o((J~er Mentl, off Q'Ma!J<OJI he stated that MeM haj tl:~
v;eLm :n ;~ choke ";Cld end ...."'!;; Ih1'l:filt..."i!"lg to ~:j: him, Aft..lf pllllin14 M~r.a <iW~'1 frol"!
O'MEl,!ey, the good Sama~ita!' I',ndied c-vt his Ctill p'H;ne e,'fj said he was ~;;"nitg the
~OI:C8. A~ "Ie l>t3:i~iJ to dlal911. Mens sudde':ly graeocd H'le phonl!!l arc! threw it Ie,;
th~ g'OJr>d b~(ikir;g it. ir!en the :t.2 ye.r 010 was tl":rea!e"ed witI'! boO'i)' :~<:I'm, by
MMll, 'f he tried to call th" ~OI:G@ agall"\, 111", ""iln",s& sl~o said f'",t ./Jfter Melia brCKe
h~ r.:ell phon!! another white mall ..aid ~lis was going to his car to 9El~ a 9 mm gun.
LJne Oltler, 8;1 O"r1pleyee of
Smitty's, was k1enMed by 't'..itnl!lS$es
a$ ilQ:di"lg CQWI) the .,ictjrJ ',,"nile
;l'!o~f1...r !;1,.I~~CI hit hi"". wilh B !';lets I
:Iii!.
Etht!r;:;Q~ ih('~ !/pDke....ith a1 ir.d;vicual
t~at id~rMled himself 3$ <I Smitty's
E!!'l'1p1oyt..''!.l.tinfl B'Jiltier. 31. cf HUl'$t
t.cc,;xc!ll\g :0 trlil t'ePQrt. F.t~:11tll:lr :old [I,..
offiel!r that "he 110!d done r.ot1'!lrl1; ana
se~1I nctl':l'lg" Ar:Ol"l.r 2:2 yeal' old
witrll~6c. f'om SOI.l~hlalo,6. said ME'
Wltl'les5~J a ri'i;ir; nirt.ng O'Malley With a
baseball ':Il!t. !Men Ml!lna put i1 ,::t-oke hoid
en Q'M811ay ~Ij,'g ~,j~ he was $1;;:11910
~~!l :l~m_
~'"a's wi,>'c. LEl!ra Ca':;>nJ. \0:::1 Cffc.er
Mr:.iaddltr!, in ~ w~i".Oi~ Gfatel"~'lt 'il: tole
$C\~1"'. that O'Mallev ilrd ~.:v"'(1'l1 01 ,',s
MerlOS h6G "<lttackGd ~er 11 Ui$b()rd."
Ai;llon Plum.., of B94foro, who ~id she
\Vat; ~ waltre....s r,), Sm itty'S, tol(' p,;'['Ci;C
thaT O'Mallf1Y iilt'i:l Me'!", ~ilId IVCrdS grd
~tol1l1Cd Iightl:'19 M"~r the s~a!:le Wh-,~;l an
"ur.xnovm .0.11.0:'" c:ar'l~ up ~t\c 11;1
O'Malie~ .....itnll b~..!.WbilH boat 'rh@
wflit'l;t~:s Mid ".r,e left f~le ::>rea Jnd OS.!:efj
911.
Page 2 d <+
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[JunmmAl ~~RV:r,.{!.
cue", HE"
~"'''''lIIi'I7llini'lfa\i n..dl'm )'1)\;11
.......~...... ~blI!g.
.~_.....~,
.tlt 11Itf .
SC!HVfc8 for monl
than _ qu.rter century
Cl1clf Here,nd tlke
,. vlrtu..1 ttlurl
hnpJh.ww JIJ\~aL\e',^,";o1'ljycom/(i J newlr.O!cJ v,!)';:'\1,.'s/05..11._03-smitt:',':.;,htrn
4/3/2(j07
~mmY's Mar m t~olleyvillc, Texas news Qn local nev,'s only
ff1e ir,dll.'ldlJaI ;,:Jentlfle:l 01$ hitting tn. victl'11 wl~h a t,as@bail bat W2$ c,;'$crlbed ;J~ G
V'11Ih!ll':'lsle. (;ft tall, rnedium QU\:c\ will"! cloEe c:-OPP"'d blonde raIl', and l",gllleen
wetril"lg a bil~~Eibe.1l cap, ;lIve jean pa/'jt~ a'1o:; ~;l.Ie iat;!\el wit" ~ OIU19 b.lttor. 'Jp lil",i"t
with tnli: Iimbiell.l/;lrge rametag')AN!E:L," Se.-en.llnd:1IIdUolls S21d th<)J behNed he
NQ'k~d for a "uel 1'\9 OOiT1pal''\y ~t Aiiilal'le" Airpo~.. !,cwevar ~ red f1..r. the are..
before pOi,t;e arrN~d,
The ro;1.':8 r~port stateG that they ,:)~ser~d a sec~r'ty camer-(\ ta~ that showl?(.l the
~.J3Pect'C~"it1li" enter behr:,j 1M b:ar and rC:i'nove ;;l b1'lt ll'lO ttlf!I' ieft the view d the
~\'I'lera. The tape also !'hQw~d Boat'er rLlr,nng irom the bar tcward the stage
Howe..ei 8Cco'tinl/lO (hQ report, pollee were U:llOIe to obler" digital irregl"s
t:lecfI'J$9 Mera'3 wife "olCl no~ knew ..0.... to opE:rate 1l1E> e(l:.Jipmenl." Othe' :,vilFll>.SSF.s
34"" Boatl'!'r strike the brotl"!!<" ~f O'M:oll,,)y-. C'1r\sli:il"l Witt1 a pt)~1 eve, wher re
Mempjsd 1':1 rescue his triJt~er Mlchaei 'rom ti'" ;;Sl'.ailll.
COll!yv:lle PolitGi ll~i..ed th~ lost for evlde"ce The. bAt WalS a'" alum num "5gston"
:;0 ;nch, 21 O\Jf'lce yOU!;l 8>?'t:JlI.I bat. !=lume had shewn POlice wl'lere the bat was
'o:,:"ti!U t)l;lhind th~ bar. slit) !;3id 'n her $'tatemen\ t:'1al the bat was Hd,jOrl ':Iy her 10
"prevent further US!!"
Alter.a ''l'lit:w 0' the scelie, Interli<;w of wiiMS36S arlO ob~'!Natlof1 of lr~ vldee l"'lla.
"::olleyville P'lLc.e ~'aced M~"a end Boatler linde' arrest.
I\ccord!ng to ~hll repoi't, fIIc!1t' wf,ts arr~ted f::>r; 't!"lierfersnee wIt>; an atWtpt ia
'~3"e BI1 E;mergency 1'Eleptlcne ca'/''' vlhor, :;e p"'ij',Iel"ltec ~ petren from makil'9 <lI
~11 qq to law Ql'\fQ\'cem~!\~ a"lo that Mtna recklessIY'ilnd!i!i'ed t'1fl j:;hone ;Jnl.J1;eb.,
M~na was a1s~ .:lh8r9!!~ with A.-ssaul: r;a'Jslng !:I0:1i1y InjJry fol the attae, on O'M~lle\!
fScalier was arr~sled for P.ssaul~ cau~ng oOd,l,. Injury and, upon 'urther ch@ck. thi(l
trl.1~'.ed employee also Md a T",rrant COl',ty Sheri1:'s 1I'/..,roIl1t flj1 OWI.no bOr"ld.
The investigation Or;;tec:iva on tne Ctls.e Ie t<evin Wailing D9t~tl'le Wlli!!l'\g ~iled
i:ha~~s on both 6c:!ltlar a;'\d MGna that ....'.ora aecm~ted by tile TalT8nt County DA
'rne DlijtQctil/~'s r~;>ert S',a\!i;d 'lhN "tha bar ew1trr 1$ ntlt coapl'rs~ing ....ith the
i'iV~$tig6tiGr:." II'! aod,~ir:!':. 'N~.:ri~g Matec or, l.Jovemt!(:~ 21st in hi$ repo;1 that TABe;
Agent Miers had COlan c;cntacte~ iinj w~~. "going to be tlI<lrt.lr,g a ClOse O~ the car
owner Of Smitty''', lbraim, i\.1"na.
~ 10 kee th'5ty:>e of oj:.snltioli 0 '... , in 2001
O\'IL 'I m Ie ' leat'.. 'n' .
. ,JQ!Lll. . f!'1eJity cO'~l'Jeil ~ad"~ Jce t"e ista'lce \0 3OO!t. when I:. Q council
m~rs Hocutt. Rice. F'e'dman. Mar%n 8~d Ti2'~e voled to cha~ge thlj distanoe to
, aCOO'TI!1',oej,att! MI\Juelito'~ Resm.irant Miguei'tD'S 'Was witrll~ the 1.CCO ft, dista"iCf'l
" of Ccll~y...ii\(!'S Firs, B~pt'$1 ChJrcn. :her."~elr~. WitS prohibited from S8!iing:\!cohol,
Th... i"sl,je aro$~ again Marc~2.c93 when Ine Town C~i1ter a:;ked fur a b!9r~f:lt
lJir.:Of',O! va~atlce fo- the sh)pping eerler Atlhat time. SPEialti~g in fgw)( o~ th& :;,OC ft.
d~cl~i.:';1n, CC'Jr~;;i' me'l"?e, Gir.ny Tig.... $';;'C :;1(: grilntil'\g (;~ biar'lket aleohol ;J@rr:-rils
was r,",l;~s88ry f~'r ~he "QI~nvmic dev~ltlpmE>nt" of tr:9 city, :";ouncilrmm RiChard
Ng~tc!", ,.aid tl":ere is l';Ol"JCemed acol;t rfl(! rei'ill(ln9 of lhe rJfee lpon CIty ..::oUI1CII'S
'~.Nm and he war;ted to detQrmine what itH~uld '!S.ke to ~evert.e th~ ~te~o o{ aieohol
<;o:rJ near churches a,d l!Oh::lOis.
IAlt1Iin Joe Deupr.~e. a member of L10! Firs; Baptist CMvrcn :i!pol<e againl.lt thoE iSSl!e.
co';"'Icil memCer Til;'Je poi:1t9d o~t tl1al no 0[;8 from the Bi.'lptis~ Churc" ob;ected
""I)Ii!1' tl'le ''If::cl'\OI pen',1;~ was granted \0 Migl.p.Hto's (in 2001). CniJrCii ,,,embfjr
D"';,:pre:e ~3:0 t!'.u lhe~e '...iI.:; lIot a., objOction to t~e permit because fOlKS "vGr~ lndH
t.'1~ rflprlw;icl" \tlis 'f/liS fQr a restsUtMI and :"let a b~r, Howi!tV9r. the pem'iit 'Jlays
..vit"1lhe property 2nd tM 'JJs,il"'ets can ch~nge tl:ilnds many linl'ls. l)N.i;Jrlie I;s;d If
!,\il..,.", i"'E!'rt.ers r"'i~li;le(J lh~ coui'cli re:l cnar:sed the lIoter's 11.1111 ~y ",r:owi"9 bars
,,",x! to ch"rc~a.os. Ul;,-e,.ct':x. WO"lid nave bee" much di~erei"lt
nat \iOIe was;) 4 to 1 j;~ci!;icn. wil;~ :;)'~li' COJrCil~an Rdill,d Newton in diSSIII'Y!,
.,~.!f'p'ite th~ll~r:J..lltt;~! ?aies taxes i~ tl~~i~ lD ,[~!aC
J~t;~.Jtt'l ..)h!f1ll%1;...."SO:;,.l,lIiYfi11ill.. S!,.tt.vl1 have fjj( O'Jt'Jw~~ IQ$(~l"Irllnt~.
.'!!J.~~-;j[~{t1i160";s...!.i~nj~1..Q% il~lJOi.pn:Hnarlc@ - ---
--..........
Ent/)' T:-,nl Sep~ 2005
liqUO' n>C!~ ~~t
hrtp),;,\J'Jv:.l oeJJ1-:ews :,nlY,l.:orrAi] ne\'.tno, Clvne\v<;.05_1.2_03smiLtys.1Um
Page 3 of4
f'. ..t'~:<c~~, " :j'.;1
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Bi\SS
PER f () H \f.;-\ ~ C F
H i\ I-J l~
4/3,"1(107
Srr-.iny's Ba:- in CoHeyville, T~xa8 news on li)ctll news only
.~s TEXAS PRIME
LA HACIENDA. R.l\N(:H
Gi.ORiAS
MAC'S s~eAKS & SEAFOQO
RAILHEAD SMOKt::HOU3E INC
REPOSADCS MEXiCAN GRt'-L INC
APPLEBee's
HOl T'S SEAFOClO HCUSE
RLGGE~i !;,'\l.IAN ":l.ESTAiJ~,ll.NT
SMITTY'S !RISH PUB
?'-eli-Ie HOUSE CHINESE CUISiNE
THE GR;;;e;N PEP~ER
t<:EN'S NO i t'3URr3ER CAPE
Page 4 of 4
$'.O.geM4
$9,88680
$6,485 '113
$4, 84c.:JS
$3.51 ;.04
$2751.:.74
$2300 76
$1.91324
$1 34:2,04 Lu
$7B6.7!l ~
$392.84
$245.98
$18.90
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4/3 1';00 7
Malmy Mens arrcsr.cd in I(eller, Texasl1';:ws on Ioca; news onJy
'Onl.v Coca!' N~'Ws .:A({ tlie '1tme
Keller News
~360Daj:lasj
..../ttf.'y...;~...",.~
Page 1 of 4
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Updated 12/07105 12:03:06 AM
Colleyville Bar Owner arrested In
Keller for Cocaine Possession
LNO Excl usive
Oecember 07, ZO::J5
Update on Smitty's Bar and related troubles
Local f\,ew& Qnly,com letlcrtac en Dece.r:!lQ.e.[
3:d the arrest and bllek grO\Jnd of It.r<l!m
"Mani1Y" Mena tre Dw.'er of Sn';,tt(l> Grilln tl'l
CoI~e'i,,:lIe !cc.atod r'lear the Fir,;! Bi)pth;t
Ch:Jr\:h, Mer:a ana another empl':;yes W$r9
arre5~d and cna,-ged wflh'intF'erl,:'I1C", 'Ni~i1
an attemp! to ma~l;! a~ emerg;J1'1(.'Y Tel,:Jlll1er.e
call." and "".$Sault c.a"sitig bodily Injury," One
suspect was stili at large.
M.nny .nl, shown in this LNO rOll> l!;lamed t!1a~ MSf1a l:,eg.1I'1 Wlll\
Keller P-ollc,e m.." shotfr:lr\~ May kr..,.v~ by local pollee eYel'l bM~f1!I !;rsl
7, ~OOO, was arrell!$c1 in Kener. iepOrhlld I)y CotleY\iii!~. In facl, Mens was
on posseasicm of r;;ol'.a;m~. LNO stcPi=>ed by K@lIer Police Office' Craig i:le:r/
has eonfirm'ild hQ is the S8:l1~ on May 7. 2005, O1'!ic@r Bsrrys O'le of t~11!
Mena that wu -:tll.lrged with mO$t eXperienCiic K~ller officers on OW'I
~istrlbutt,o" of ~~in. ,nd heroin slClps ~r~ al':'e~teo ~~.!!ld .;:~arg~d tWll
In New ...el'8l!l)' In 1991. ~llgeS8ion 0' cocaine _
l Since the first report. lNC has i~amed that tt'e t'wr.er ~{rhO! oar, "Mar1l'lY" Mena is in
',,~ ". ,"". ....c. ".. wao ",,,'cl.. '" 'OW ,,,,,, ,: 19:0. ;;"'."00 '"
Hlllroir ~rld CocaiM; end sen~er.~d Ie j',reE' yell'., in ptitor.
...
In regards to the severe l:ieatif19 ~ a patron wah a ai~l\'IlrlUIr bas'!Ibai bat. e s\'sp~t
lhou~rt to ~t rram!ld "Daniel" ~em~jnec at. large, LNO :'1a" leamed t1",<=It ti~tQcllves
10.. "avt' :.;!~I'ltifiild ~he ass.'lHa:1t. lJ\'hile tl'e nan~f is I~ot rJeir,g released, .!'t~ swspet
W~9 round tc be a feHcw empl:;yee of "Daniel." Apll8rentiy, <.lnder Questioni:"l(l b~'
Cclleyvilp. Pot;r.;e iJetactives. 1M real iC9r.tiiy Cli the plilrp<!tratof has been
r.1ilicovered. LNO nS$learr:e,j 1/',al CO:iI:Wii:ie PC;'lce ll~ j;!fep,iling the ,,,,c.esSCiry
b~c;~.g~und ci'e~s to m21ke ar. arrest of .;: 21 year old rT111IG, li"formation Dot,'ined
<llso revelled 1hiil Itls! s\.'spect has ~ep.M fingered and :'9 p13C8 of empiQ'~ I~lenj
i,;Jenlified, F:Jr.!'Iel. that the seon to be ..rT,~'*~d male turned <Jri,klrg a!Je .=;'ter tnI';
inad<lnt In ques.ti1ln. Ttl~,efol!l, tile i,$ 0!"l<pet'!ati':lI'1s it'll'll ad<iilonal i1f::w'n~tol1
(:vi'lCltmln~ :s-ervlnQ 2 minor :r,~y S~I~J;ju!,
rABC t...a8r.u.~ri3n Miers 'Anfi~me.j thai his a II.' c is ccr r
~ ;,-tr," ,9.., iQIJ . t, used Q~rtlte Smi~tt$ Gr.ii~1
,AI~/~ Agent \l.ers 1:1 lcated fllat he ~d r lleyvi1T'€'netecti'le K~,ii1
Wr,l'li:lg 'n Ih~ i~ve",.tl~atio,., :and 1!l,1! !oil! n~~ ,~fo'TI1atl~ In",t rr'.m~ thil\;l 0."'1(:
employee was inIJOf',ed in ,rlE: b~'wl.
;\gent Miers siOid that TASe wil! Oil lOOking \.',10 th'~ sit:Jl:'tifil" whfi.e Ml?,r\3' wife,
:.auNl Cl1iaju. I:; li~le~ as. the license holder and ~;;ttb!l( rn\'~Ml(;!lti"'g 1~e eW"l~f':!,h:p
of t"l2 (',olpOrll,t,C'n !,'v~II,,,1 with SMllly'S eperl\l.tiC'lns .C,gl$rl W;~rs ~;N:! (i',at '!',Be ",,';,1
To advertise cont.act
!t~l~@,Local~~:!Y~LQnly .com
h iP:'/W\Vw.ro,~ahlC;".sonly com!e 1 ne:'.v!no/k\':'lneVrSi05_1. 2__ 06marmj ~,rena.htm
413.'20(\}
Man:lY Mena arrested in Keller, Texas n~ws 011 local Dt"wS only
3'0\1$11 t!'e c'jmin~1 in.esti.a+ior. befvre deterrr:ir.in\j what set.on it may take,
Miers r;Oinled QU: there Me- a riJmber ,)f 80rninislratve penelt'es found n Section
37M d th~ 'TAse COCQ, Amcn(l th.. d~4\<;ril)tio;'i ;nell.idad is;
C'ondllclf,;g bw;il1tits in a manne, C5' to d!ow ~n aggravated bn<Jcl1 v[1lle
lJiXiCe >vit,', a J.;r!o~s bodily injwy or illvofving Cl dl!adly weapon (a., defined
In ;hoJ Texas Pen"l Codei in v:dariol1 ofH22,12. 28.1 !. 69.13 and 7 i 09,
Alcoholu.' of!1luagc Code,
Tt16 violation can reS1J:'i in a sus"e15ioli of the permit 'or'S days .Jp to l:ll'lnce!lat;on
fQr rr:uitip,.. offE>r,aes of varo'-l~ t)'pas, Ti'l~ Ilq\.Qr permit mu(;t be rsappii9<i af1nu::dy
and j,ger;t .~ @r~ indicOlted t~\' tne City of C...lle)vil~ has already Indlc.a~ed it il1tends
In f;l101 objection to the ren~'lI~ 1.
~ige.,t Miers said the i~l\iestig..!jon (mill his cep8lrtm8l'1t ia 1Ct concl'~rJ€!d and h.;i" ~e
!.in;i} framEl. Hp. s'~1lXl that ;:.err"li~ ~>;;!del~ 'Jften ~av!! a '1l.:mber of ~p~lor$, ;~C Ild"g
P3,t't; ., f:re 1M! "',\Jld rarge fro!"'! $~ 50 to $26.000 p.~r day d operalior\&.
Page 2 of 4
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1':1:1;.>;//W'.',"-'\" if.\cr,llnc.:'\.v,>r.mly.com/O i ne\l..ln<;1.1(e!nc'.\!;z/05 _.12 __06J'llil.nnyrvfcnaJu!Il
4/3/1007
Smitty's in Co!1r::yvilk is dosed onloeal news 01'11)'
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Colleyville's notorious bar is closed, at least for
now
Updateod 0'7i271M DV.4.4.Q !=JM
RMidentllltSa'~'
S.~:-f.;t~ri(~ ,. ~,,,t.'\:ct'Oi' .. !~'I;ce free
t.h'p:.:;"\~'
~ds.bdloow ~
$,ec:l.rrity,t.anttlrlUl SY!lbofn~
N~Mt: r;;rc..'(j..~~W":',y p,U (,."l'lrc J'1 I)tcr~r... ::'l"f
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July 29. 2006 Cclt~y"i!le
noubles for Smitty's operator are not over
A LoeaIN~VJ$Ot'\'Y,::Qr\'l EXCl.usrVE;
'M\cn it carne lirntl tL~8n!IW the !iql:or IICf;'n~e for ~ Colleyvi!le '",i1r.g out l~i!t '<liS
~e-en 3 previo'JS l;~ 1$ a ~harmaoy. dtn~e :sh:d:o,6J's snd Mlgu@!i\o'$ ~e$t'\,lrar.~t;,
a;; '>Neil as :he most rocoricui! t,ar in I;tJi!!l)'ll: iI!!<, \her.;. were three very 111'!P(;rtar.l
";::t'oteetcr&" registered lIQairl$1 \irilrting the renewal.
Smitty'S "Grille" :ilt 5224 Colleyvil
h.!l~ b@8n the seene of 'iUrnermJ3
.1'cldel'1l$ involving 'veal pellc!!l. fl':l"'1
$$OO\l!1 Ie li SWig l'f CU!!o'1'V:lt, ell 3~eo
'mtl. DV~1s !90l'lll'1g the prol'l'ises, lNO
t;L~UrCe$ say that !.e~,t Satu,-,iay ~i:;, ,! 'VS$>
',rE< fiMllllgt:t of upiH3km
ibr3ilm "MGlnMy" Mena rillE a crimll'!:Ji
re~crd from NIlW Jersey, He "".$ 111,,(;
:J1:!@n an9sted a n:.lml::e, of time; i"
~I area ir:;:l~dil'" fx
... ' 100 of c:3r.,iri.. Keller ':.1n
~ NU~h':,
K.;II~r m:.Jg !1M!
lbr.tlim "Manny" Men; ',,,,as pr/!!'iiOI.l"ly Iden!"t1eG ::II!. trle :nar'ager 'I!Il'ii~ n;f, "w'fe"
1.t1ura Cele,j.. I!olds the IIqU(l'l!e~n$f;l in her flame
r......
1 TtH~nurr:b810f,I,jnte! Smitly'5 "8",!1ppear,ed 'f' I!l:!! J'eW$ 5';:'(','1'(:, ~ Bi'=,' '""urn, eI'C\Js 0"
D~rnber:!, 2005 l.NO pubJishl'.ld an ar(ir:le w!!tl neadlliles; $.J:l)J:tt\C;J~"i!l(lj
\Qs;,~~g..!:t~~Uo..the CQ.I.!~_':&lJ,>J=ii.;oJ..a_a p.ti~t C i\l.j.r~t!,i~.J.:._c...~('I,f1I_o.f
.J!l.Y.tUP-!~jl1\tlq.e.l:'l~ on "'1g..Qf:!..1.I:!lt..Q~9_P-~J:ty
Another .NO al'll..Ie rr:':!oll>1d en SJm.!E'l'rb(~f 4, 20Q5 thi! g;-OWj'lg !nr;'ch?~t~ of crirY':n:?1
tlCti;l[~:'1, ["';:':-":\"9 DWI arod' ward~ring dpJPl< pat,c!1$" f~or~ \\'I1l:lt will! 'ie::,! 'tlfClrred ~o
1It! "Smitiy'r !"Is!,: eat ~'.:t ':ow has B :-,;'g/'l d.!l;ia~:ng it 1t; ~'e "Sm:tty'.); Gr:il.
A1JpllrElr:I'IIJ!"'1ovlng a liquor 'ice'1:Je can be 2. i"''''1I:lfCUO\l:'! p;cc.'!';':s in !'hr' CO:;;".
~~/tterT', :'!ilmi:!t~' of ll;(ll;:ir.:urnblsnt:i!1i In (hp. ~5e c~ S",it':"/s me ffln"wal
,ec:u<;lsl ,JrE'w tl'll! pr:llt.--st Of Tommy !T19r~rT' Ing,M'l n';ajo bl! b~tar I,Mwn :0 !lr.;me
<lstl",e C~j<if::f PoLes fer Colley\i;lle, Te~i!l$. Th@ ell)' (If Co'le....v,lle also otfl~i;,ny
p~o;esl,,(! till!! :.~119'/1.',71: ar::! (,-ven TAeC C ;;Xil!l A'.::oi'lOI ee,.erng<3 Gorr\iT1$&ior" joined
t:H~ p:r:!(~t tc ~(!r:e\Aial.
Page .I of.3
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Find' ,3:-e Va!)
~X360D91!as~
.."",,",'.h"Ic\"~~
To ad'"ertise conta~";t
Sale$@l.o<;~N~~QI1.Iy-. c.Qm
FP.:E! Sign up and ntc.i~. i(JC,,1 nyws.
~1i~J!..li_e..rU9J~.e,g.i~ter ~h~: :.:~ Is ~ O:J4bW ('mr
"" ru'ttgraW'!, yo-iJ ,."IU c~_~ ~Iv, . cl'J"lIn-n!lr~ .mail '..,tI." ~-:Hl
i"'~~I'!l~8r\ )'OU j~"~ lJII.,,, It bac~ t" ~"'Jont;rln your l':Qql.a~t.
J)!e.aS6 mention tv 'Sponsors :l'JU !:"w
them Of! Local /IlI!WS Orlly ,;-;':,rr :
MOXIE
G>coo"'F-~~
~- ~ ~--,
~~()REl\'IM""'f !
,!_ GENERAtST~~~...~J
~(~
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BARSE
5 .. e t 1 r r~ g ~ i' ~,"
Lmp. j/v, '''V'." . '().;:;;.ln~..\vs\.mly ..;:orn.'20Gtlno/ne;w;:ijuly2G06106,O/ _ 2. 8~:.mit~(S,~It;n
4i~'2{>
Smitty's in Co1l0yviEe is c10sed on lccal news only
Tr;>: rel'll'\w:;Ol, .,(,j p'Ole$ls, hS\l~ to 't'I/lj:1<: th'Jlr W;.Jy ;tHough thiii 18gal proC!l5S at
TABC, The !T''!l!e' then w~uld be Pfp.$>)r>ttld to ar Ad1"iij'listra~I'",e I.av. .Ji.idge for
cons.idwr;:;tion and OJ deciSlor:. SOWC8S f@lIlNO that thi!> proce.S!'I COuld tllke 30 day:.;
up to OIiE: year, ll'1d l~ the l'l1eanti,~\:e. the irI&lai:llSI'IMGnt m;y keep operating urdlH
Its ;.ll!!w-.il
r'" How:;!,-,ar. ir tl\e C3~e of Smitty':>, till!! D\io'11l!lf$, rn~ a!sc fac:ng ar.'lIdmil1s!r3tive G.ase"
"", fer "t\ggrli'iated breach" 0f'1 thei- hql,j'-'( licer -;e, 1'hi?l c;a~e m'!l~ eG ::xl~s,"ereQ oy~\
1 Kanm ~,r>'iih ,)f TASe for tha ~:,'SaLJ,'lt 'lwoIv ng 21 y!;ar '"',!O 1.1lchael C'Mafte:r of
Southla~t;, rep.~rt",d by ,-NO 01': ~ee.'1c...r 3, 2OC5. Smith Mal: the opt:C!1 io t2kg
ach::n from !i 45 days SJi'lpeT1s,I()j1 of tM :iQXf 'iceM" k carlccll"'tior',
'"
From the Decemoer 2005 LNO article,
Mana, wI',;) lists his ~o",e altar.sa on
Plantatio'1 Oaks Drive in Trophy Club,
was the Sl.lbj9<.1t of another ar...t ~'
Office!" Bob EtherIdge on NO'./Clmber
1st, Thi$ time PA.n. was participant in Il
brtlwl j(j tnt e$t8bl!$hmeM arid,
al:cordlng towltn@5StlS. whllll holding
hlrn in a "choke hold" was threatening
to kill Michael O'MaIl$V. 21, O'
SOl;lhlilIt9. When Colleyvtllu ;lIcnee
Offlr.el'$ Aren~ fli-st arrived 01'1 the se~t'
around 2:30 am, tut ob$8rved O'Milfl@y
In the front ~r tM bI.:ilcfh1g bloeding
from the left side of his head.
!-le 1$ see'! OM left ir 11:5 Collej\llHe "':"g
sr;OI,
Source.. l"ft:lT1!'l(!O L:-.JO i.h r.i'i , 99 tim.:$ out 0' 'lOG. when there is 01 :.:rim!l13i ,-:hargQ, an
"rJlr-J;'1istretior ';il!lr>J<t III H~I~ if t~e inci::'(o!r:: jocf~ riace 1'11h~ pl'E',:,ence c! ~om.~Oie
in ;:J,J!ncnty at tho et.tabll\>r.m.,r::,
rA13e revilfws i' th19 b,.~ch 01 peac~ occur,. e~ th$ p'-tl'~~lse or ":In l'l p!'1?r"'ise Jndu
con:,'()1 of a ilcel'l~t: ~e!der re~i.lHjng Irom im~i'O~' ~IJpt'lIV',$Cn of Jl ~)erson 2!l('Wed te
b~ qn the pre-mi!le 'Jr under t"lill conTel ofthli! !kar!J~ he:oli\r.
Ii the liclJ!'se roldllr invol..ed /)' 9mplo~'~~ celio have I:>l'\:'\'ented tile ircliJllnt t1fi(1
ttil:Y ale wbJect to tl'Ie peMl\i*~. .j\ th~ CMe re~~re,lG~<i. LNO 'hilS tQ:d tt-a!. "the
,~mpk\yees could r,ave ~rtl'iirIY vev.;,n:8ti the <l~~,:,]Ult. be:OlI;se tl'Iey were 'rr"C!....ed:
LNO w:as lc:d If ratl'ler Me"lll W8!',;'\Ii errp1o~fj." ()r~<lrm:l ha!d@r, h!;lY all hold tt'll!:'
';!lrr~!ltaLro II': ~ sltli&t:O,1 like ti'e ""'e: that O<::::Jrno ill Dp.e.!l1':ber ~OOG
S"c!:cr 3"Jkl o' "'ABC r,h~t d~J~>i"'\ \!Ift"r J_ 9-e;..J!l!:9\iit.l4W~ ~~~ l.~O
hillllGar"ed in tM :"Jll""baii :Je;;!tin~ G:"fMl, the Tarr,mt ~"UNY Oittrlct i\rtomey i'>lS
"ce(>pted 2b!.~_a.irfinst~n~ :;nd ar t>mpl'Y9<9 i\3mM L3re 80Cl!!~L
Wlti' \rG!,;E! f'rmid~I'J:Ei nun:J!es f:;:cins; S'T'itl>'s oPP;ll'funity to COnlir.~e operation
'm:le~ <li ie:w tliClJnQ !iot=nlie ~~rm:t. LNO ha~ leamec; ti'lllt Men'!) and his wit@! have
,e;:;lrltoc \h'il~ the, ha\J8. "pUlh"d (he P'I.i\l on $:'fIitt{s.'lh' cClipl~ told al,lll":;lIitiM
t"lat ttWir JBt "1Q11t ,:f op~r;!l:ion$ \'''i~ In;s P-lI:;; ,Satu,aa',
In ne9Qtlatk,1'13 wrtl'l aoJthorrt'es, tlH Stine ,;oughllO rest'...e one rraJar tssue by
"ll'vin~ t'1e iicensfi I-older voli.i"ltar'ly 5~lrren..jer h~i' lcense, APpare:;t~'f tne COUpiil
,:Jecij!ld If.~ k>!l!'!:J \re II~ll~r\'!e !';ght 'rABC ir ccuM, with a Pi"':' to ')Pfln uP <lrJcth@r t;",,'
~on'1ep!!\ce "'thoar nan Gclluyvt!ilil.
,NO r;(lnt~c!~';l Agent BrYit1 !\.liMo,. o::f ;he T'ABC fer 3 Corr~1\ent C<l1lC8mir:g .s~lltys
ol1d its ':wner'l; pi<lns. Mlul'$ t.aid trial hiS agency plans to oontlr'H,e its proCl!"dir1~)lI
oilgainst \h~ riZ'rtrit nO!tl"r 01 S,nit!:. 's. foioi ccnf!m'lI~(j ~h.!'1 I! is his u:lcl!lrsaand!ng tr.~
uwn:;!t;. M'll.' '~IOSM SrTl~ly's y;lth -'0 :;Jilf'l$ to "ecpe~.
~~vve tt:l~ I"J3t. ji~ the~$e of Srrit\/s, that th@ matler hilS bee'n reso'ved 'I' 11"8'o1I!1I
) our mlSSIOI'1 8t\~teomer,t 'r'liphi\$lllr~' 'Ol\,.,tar':' con:;i,al1ce " i be:'evl!llt:t! ac1';~n$ of
Collt.'YV\1', s Police en a' along '::"h -ABC effo"'s, has IJrcl!gl1! tnf' C';JjeY"'i1~
1 cper.at:of" 'o;;:n en:j," M ;3r~ :",a!-;l -,Ot,ever. :\gent ~,\ @I"l waG q~lck te point o.,l rr;<t
L iI',,!, I c.e'1.r< I~ ,ilI'l ;i(;'/VU 3i"d 'rj'~}' ,; t. \Jid ;; :'.'"1 Jp a!lain '
-
P:lge 2 Cor;
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ihi.p:iI'N\V\\..o.:a newscu,y.C(;!;1..t, ..!!)mO,newSiJl.lJ.y~\)iYJ/ 0_) .) SllHttyS. tm
4/3/200:
Smitty's i.n Colleyville i3 closed on loc,~l n:;;w~ only
Page 3 of].
Mier:s Mid re dCI;bls the CO.;pIOl will attampt to fjJstart cper<ltions at tM CO!iey....i:le
locatiCf1. Miers n"ted t~ltl in the off chance they did 1eop@r1, thlt COl.Jp!il 'mowS !hat.
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that <:.omGlt. 'Nilh tile! l'Gs,pooslbility and the privilege l;..t nolding sl.ld1 a liC~l'i$e"
in the a'1fit~1s of PU$mese.e6 elOsir 9 O~ ft....,y :l6th, Smitty's Wlli nor be m C;SIilO b}
CI!!?ef1S oand iaw enfon:.e!i,ent authorities in ColleY\lille.
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Crime in Colleyville
by Linda Baker
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NC\lember 12, 2005
Colleyville Blvd. bar feature$ arrest or violation on ruesdays
This wal,!<: the bar is operatir;g <I pool hall wllhoJt a city p'~rmit. (IUt week
Colleyvile'!lo finest was 8ITesting the particicl!r.t fOI aS$ilull
aRAIM MANNY MENA, ColleYlillt PO . Ordin.'1C:& vlolationj Cpl'lrabt PMI
Hall Without Pllrmlt. Charged .., 1:48 PM on 11ro8/CS by Officer BtJb
EthIJric1ge, Paid Fine; r~let\3ed lit 1:61 PM on 11108/05.
lliRAIM MirNA, CQlIlI!yvilll! PO. Assault Cf<usinQ SOdily hljLlr",lnf.emNtlcfi
With Emergency ellll. Charged at 3:5A AM on 1'1/01/(\5 by OHiMI Bob
~gridge. Bond; ~leaaed at 4:25AM on 111\)1/eS,
~ VOl/Uti CrI~lnGI M:$onJ~f raported at 4201 Gateway Dr:ve. Ine Farmtlrs
11SUfl!mce affictls. OffiC8r ""cc1d Hlldebr:,m;,lt's reocrt Indicated an lonkr.own penro~
1,0::) ~tt~mp'l"d to !<iel< in the caQk door of the office. splitting the door J~mh,
zomeii''J"t>: ot',tweel' 5:15 r.:oM <I:!c 600 PM
11 '07105 - 1110&/05 Crir'r'inal Mi8c:1ief ai the VIP Fin:jnc8. 4125
Cc1leyv1le Boul8vara, Nt:en unk'lown sIJGp~C1{G) cut the padloej(, and broke the
"asp ($[,O) on a storage shed b~llind the busir'lt!ss. Natl;ng iilPP8af@O to bG
Mi9~Jii111, ilccordmg to Offloor John FC:!lsett's report,
11/0610S Driving Under ttlfllnl!u9nce CI(::ItiOn I~SI.i'~d to Erin to EaJs, 19, aloifsns8
addl1i!SI; of iJ900 Soail$ford Ftoad Office,' Br;l\n Thorn" tidc:Gttld Eadt;, \NnClII~l'l her
re"!ide!1c!J ilt 4:324 Country Lane 1M Gr~pe\linl?, at 3:$6 AM, A1sQ citeu lit the saw@
!lTT1@was Mark: Nlchole Zimmer, ~9, 1)[ 11QO La p~!f)ma Gmlrt in i;>ou"hfake, for
ConiuiYlptiol'l of A/echol by a Minor
'11101105 Bul9'al)' of t Su:ld:ng at 1509 Oak Kt1cli Drive, S"spect(Gl stele a grl'lf
in"~CC!j5 dgitJIl projector, model LP 5~, from a bam, between 3:00 AM ami 6:00
AM. Olth;;sr ,;Qhl'\ F04san lOck the repo!1 from a Kelier re!!ld~nt. JOGepl'l Perry, wl"o
Mid the prQi~cto" wafS worth $1 COO,
10/14tJS t.3!~ report of a BLq~lal)' of a Hablt.atiOI"l, !'lGt by 'arced entry. al 5813
Quality Hi;: Offic;r Tim Osoorn repcrts ;he complainant dist.~\Ie~~d Cl p'nk bag
;$20\, bl~CK KrerlshiJ"N folding kr,ife ($50). CO poyer (S30), S:Jry dii,li'a: Cyb!;IT;hot
3.2 C3r1Qr'a Wltl"l bag {$37C}. ~)ernory Stick ~26 m!:l ($3!;dK'J), and Sony aII'm 'MlJO
eemera with bag ($350) Iter/! stolGn D9Iectl....~ Daw:l Mart2. /s conductiilg the
illYilsligatirn
'The klllowing is tllll! Booking Report tor 3flarrosto'lls thet _... eh..ekod in
t"rough the ColleV\'i!Ie Justice Center jail faG!I:ty tar the period between
NaoJllmblU 4, 200f; and NOI/l!mber 10, 20M,
*Noje'
All p.er"Jea !l:r~ pri!~umlld innO<':l'lrt LJl"lti' prover: gu:!ty ;" ~ <::C:Jrt cf 13\\1.
lIIarr\l'}s !I'I B,;.1d !)'j:l'.! ""Or'!;: ar(ll'~>l",,;: l)~ ~~U~ iJf .ico;lol r@:atel'l .;t'l3"gM,
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/l,SHLErE E!..AIN~ ;\RREDOhIDO, Colleyv a~ PO Cl.tstaf1dir':] warr3nL~. Ch;:.rg~d at
1'15 P~/; <':11 . il10lJe b:.. OffiC>?r M;alinda Spence. jj'n>:: Served; releMed a17:20
.r.M 0'" 11/1110S
?ATRICK '.\!XI; ;'WoSA rSHISH!, C,,!,eYII'lie PO C~p:a~ W2rrart 10f =ailu'e:o
"1airtal'l Fillanoial R.~$p(li"Sii';l;!it.~. Chargf!ld lit 536 ft,m or, 1 \!10/0,;lI:) Off'ce;
Msl:nda Spe"ca. C,Bh BoI1C;; leeae~d at 1 :1Z PM orl 11;\eIOS
BRAOLEY MICHAEL. BERRY. C.;.Ue.yville- PO warrdnts for PO&S:J!isbn of :Jt')fl
Farapte'/'Iail8. Failure To Sl]~a: Inlllnl C'larlJl'l:,j lit :i:!;j AM "'1 11 ,lQt\iC!5 by
Officer ";,}hn Retz.os lim'.: Served; released ~ 6:00 pM on 1 '/1 0!05
U.MMY DAVES WII....1AMS. 40: of 3700 HlIvel'llak(! OriVI!! In Flower Mound.
Colleyville PO - P~lic rl"toxi:;:ation at oif8nse ;!ddre:>8 of 2301 Glade R"ad.
Cr,arg!!d a: 1109 PM on 11,{j"i05 by Officer B'.:1:l Etheridge, Paid F-inlil; relll2S'ilC ;:,t
12:~~AM on 11/!')8/05
BOBBY CARROLL ADAMS, (,oleyville PD wfWolll1 fer $peedif'\g. No [lli.'e1"S
li~nse, 2 Failure To App~f)r, Charge" at 8 1 [) AM ,~r , 1106/O!Hly :::ffice J01il
Fossett Tim€! S~rv@o. rt',\l"ascd at 5:06 AM 011 '1,'07100.
RICKEr THOMAS SANDERS, Colley~ili~ PD - Assault Family ViO;@!1('.A! Call..sing
BO(1ily 1~)Ury Crmged a: 4:19 AM on 11/05,05 by Office, Gwen Piirkei;';a;1'l
Bond: reie3sed at 1 :2:.';~ P\~ en 11105105.
CLINTO~ OWEN CRIPPEN, Colleyville PO - Driving 'iNhile Ir,toxic.atil'd.
C;,argerJ a!, ;(:63 AM on 1 1/C5iG.!i by Officer Bnan -r~Qrre. ~E:eased $11 3;;)9 AM on
11/05105. with no d1ar;li'>S f;1~d/\;n.;J\!r the ;im!t
WHITNEY J,::>SEPH BROUSSARD, CoU4Iyvilltl PO . Orlving While Intoxicated,
lJnlaM<11 CO'lcel'lled Wea':'Jn Char~ed at 6:4:$ PM on '110.4106 by Offic;ar R;ymol"l
Cannorl, C.rS.~l Blll'd; rek!;as;:,d at ,: 1 9 PM on 11105105
SI-lERRVLYNN ~-ASEY. 33, of 3033 MUlI!.ang Orh'. iJl Gra~vinfo. CollllyvH!rt
PC. Onvirg \Nr~e Ir.tol<k;ated. Ooen CONaner in Vahicie tit offet'l!Ell'.lt;!d'et~ I)f
':f!OO ~t.lIte Highway 26. Chargeo at 12:(l8 AM (,)11 11i04/C5 by Officer 8,ian
Th:Jr1e Cash Escrow, r8lila~d a i 11,15 AM on 11104/05.
OESIREE. LEILANI REOMON, 31, of 2950 Mun.ili'lg Orive il'l Grap.virt..
Cc'ieyvilie POD - f}l,Oblil: Il"loxi~tion, Opan Container il'lVehicle at otfel"tt> midr~~r.
d S9CO Stl1te Highway :is. Charged at 12:12 PJ;1 on 11i04!OS by Cl!flt)&r Bral'i
Thome. rime SfiNt'd: released It 12:39 PM Qi1 11/05/05
bttp::/w,,,w.J.oCClh1t~V\'$Olll)' ,::om.';J J;'~'~"VlnO/dVll~ws05 ..1 J J 2b10tter.hun
PJ.ge 2 (:>U
4/3/20rrJ
SPEAKER CARD
Date
I wish to address the City Council on the following subject:
Agenda Item Number: S'a O~?7'-)bIV
Name: /)qlf )Ao/drM Address: -1J:. 'Dr
City: Lo/I(J(/u, lie. Telephone No .) 7t
{
I represent: FB L (0 f(Pyll ( I {e -t {~n eyv d it
orga n ization/self
I understand that I am limited to five minutes and on items that are not designated
as Public Hearing~ the City Council must "suspend the rules" in order to hear
public comme or estl~
Signed ~
--
This information is a Public Record
SPEAKER CARD
Date
J wish to address the City Council on the following subject:
0 - (YY7- 1lolt
Agenda Item Number:
Name: ~d\q W/lLlaf1\S:)t'\ Address: SSo
City: Gl~l~ Telephone No._
I represent: ~ organization/self
I understand that I am limited to five minutes and on items that are not designated
as Public Hearin ~1 C~ty Council must IIsuspend the rules" in order to hear
public commen u ir"dlL
Signed
This information is a Public Record
SPEAKER CARD
Date
I wish to address the City ~ouncil on the following subject:
H \ c.D\)O I (? r \"\\\ t
Agenda Item Number: () - Ol- \ ~ \4
Name: r.-Y\f I ~~ \ fleA. +\0..1 (' ',6 Address: \c1Cit C r F-:: L0
City: ~edkrd Telephone No. ~'l~ ~
I represent: ~hC- Cn\ \ E'~ \21 \ \f"~ - Sel-\
org n1zation/self
I understand that I am limited to five minutes and on items that are not designated
as Public Hearings, the City Council must "suspend the rules" in order to hear
public comments or questions.
- ~~
Signed
This information is a Public Record
SPEAKER CARD
Date t:t-7-o '?
I wish to address the City Council on the following subject
1'If~tI7F I;c~ye- -(i;r J')h) *5.P -f-&-=
Agenda Item Number: O-(),?-16/f?
Name: Pa~fl C1f/C?~ Address: ~ JlCJ)? ~(~
City: fJE?/Grd Telephone No ?/7-UI-~oJ7
I represent: FJrs'r 3~?pf;'J";- (2Atlre-A -- {~lfef ~ lie
, organization/self
I understand that I am limited to five minutes and on items that are not designated
as Public Hearings, the City Council must "suspend the rules" in order to hear
public comments or questions.
Signed ~.n/ ~K'
This information is a Public Record
SPEAKER CARD
Date 67
I wish to address the City Council on the following subject:
L. 5}cc, jf(. .,., at: 4~d /ir1 4~,J1tI, ..fA I.&")
Agenda Item Number: 0 - 0 7 - / ( Ii
Name: ({11~J( I OV,R/~N Address: ~S-J .5;:MO~
City: ;;t.t'.:1 r Telephone No. 8-1," ~J".( ,
I represent: r 11(,' r::: P1 11)414" h If\. f'
organization/self
I understand that I am limited to five minutes and on items that are not designated
as Public Hearings, the City Council must "suspend the rules" in order to hear
public comments or Ques7"
Signed -'
This information is a Public Record
SPEAKER CARD
Date
J wish to address the City Council on the following subject:
5~ 0-07-lhtL(-
Agenda Item Number: alccL~ sales
Name: U~v1 La~eu-.{ Address: L08 I~ Mloev t./\.t/ SDJ--k
-
City: ~j \Idle. Telephone No. 42.~ /616
I represent:
Organizate
I understand that I am limited to five minutes and on items that are not designated
as Public Hearing" the City Council must IIsuspend the rules" in order to hear
pUblic co ents.r qU~P
Slg
This information is a Public Record
e.C'il'''f,
.L , .
o ,.e
ll~;~
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1 000
www.colleyville.com
File Number: 0-07-1614
File Number: 0-07-1614
File Type: Ordinance
Status: Second Reading
Version: Agenda Date: 04/03/2007 Controlling Body: City Council
Requester: Community Agenda No.: 5a Final Action:
Development
Department
File Name: Approval for a Special Use Permit for alcohol sales on Lot AR of the E.M. Thompson
Subdivision located at 5224 Colleyville Boulevard, Case Z-07-003
Attachments: Location and Zoning Map . Letter from Applicant Requesting Postponement. Notification
List. Information from Applicant. Statement of Planning Objectives . Letters in
Opposition,pdf. Opposition Map. Ordinance 0-07-1614
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 02/12/2007 Planning and Zoning
Commission
1 02/26/2007 Planning and Zoning
Commission
03/20/2007 City Council
04/03/2007 City Council
Title
Approval for a Special Use Permit for alcohol sales on Lot AR of the E.M. Thompson
Subdivision located at 5224 Colleyville Boulevard, Case Z-07-003
Explanation
Second Reading and Public Hearing
Six people spoke in opposition to the request at the City Council public hearing on March
20, 2007.
First Reading and Public Hearing
Request. On March 9, 2007 the applicant submitted a letter to staff requesting that City
Council postpone consideration of the request due to the applicant's inability to attend the
public hearing because of a scheduling conflict. Mr. Don Noblit, agent representing the
property owner of this commercial building on Colleyville Boulevard, has applied for a
Special Use Permit (SUP) for the on-premises sale of alcoholic beverages. The applicant
has indicated in the attached copy of the Statement of Planning Objectives of the intent to
reopen the facility as a family sports dining establishment. The proposed business name is
Papa G's and the prospective tenant operates a similar facility in Bedford. The Land
Development Code requires approval of a SUP for the sale of alcoholic beverages.
City of Colleyville
Page 1
Printed on 3/29/2007
Agenda Briefing Continued (0-07-1614)
This property was previously approved for a SUP for alcoholic beverage sales on
September 11, 2001, which was subsequently repealed by the City Council on September
19, 2006, after the previous tenant vacated the premises. The building has remained
vacant since the middle of summer, 2006.
The following are the primary issues associated with this request:
Alcohol License Requirements. The Texas Alcoholic Beverage Code (TABC) requires a
state license for an establishment selling alcoholic beverages. T ABC requires the City to
certify that the location of the business where alcoholic beverages will be sold is in
compliance with local zoning regulations. In Colleyville, each location where alcoholic
beverages are sold requires the approval of a Special Use Permit by the City Council. Once
an establishment obtains a state license, a City of Colleyville alcohol beverage license may
be issued. The City of Colleyville requires a new business selling alcoholic beverages to
submit quarterly sales reports to verify compliance with the 60/40 non-alcohol to alcohol
sales ratio. Upon successful completion of the reporting process after the first year, a new
business is only required to report alcohol sales ratios thereafter on an annual basis.
Existing Property Conditions. An existing vacant structure, outdoor seating area and
parking lot are located on the property.
Fire Protection. The City Local Amendments to the International Fire Code (IFC) states
restaurants that serve alcohol and exceed 5,000 square feet of total floor area must install a
fire sprinkler system and alarm. The calculation of the floor area includes any buildings or
structures connected to or located within 20 feet of the establishment serving alcohol. The
IFC specifically states that a fire wall does not waive the requirement of a fire sprinkler
system.
A fire sprinkler system was not installed in 2001 with the approval of the preceding SUP for
on-premise alcohol sales at this location. Staff has determined that the 1991 Uniform Fire
Code, which was the fire code utilized in 1999, required restaurants that served alcohol and
exceeded 5,000 square feet of total floor area to install fire sprinkler systems. An apparent
oversight by staff resulted in the absence of the fire sprinkler system.
The applicant has provided a letter to staff stating that the property owner has agreed to
install a fire sprinkler system. Staff has included installation of the fire sprinkler system as a
condition within the proposed ordinance.
SUP Termination Date. At the February 12, 2007 Planning and Zoning Commission
meeting, a member of the Commission stated that a potential condition of approval may be
a termination date of the SUP that would occur approximately one year after the date of
approval. In order to continue selling alcoholic beverages, the applicant would be required
to reapply for a SUP for the on-premises sales of alcoholic beverages. The ability to sell
food at the restaurant would not be affected by the termination of the alcohol SUP. At that
earlier Commission meeting, Mr. Haddad stated he would support a condition within the
approved ordinance that resulted in the termination of the SUP. A subsequent letter
submitted by the applicant states that Mr. Haddad no longer agrees to a SUP termination
City of Col/eyville
Page 2
Printed on 3/26/2007
Agenda Briefing Continued (0-07-1614)
date as a condition of the ordinance.
Exterior Elevations. A letter submitted by the applicant states that no exterior illustrations
are available as no structural changes are proposed for the exterior. The applicant does
intend to paint the exterior in a color scheme similar to that of The Village development.
Hours of Alcohol Sales. At the February 12, 2007 Planning and Zoning Commission
meeting, the Commission questioned Mr. Haddad why a business marketed as a family
establishment would remain open until 2 a.m. Mr. Haddad responded that most families
leave the establishment at 10 p.m. The majority of establishments within the City of
Colleyville that currently have alcohol beverage permits discontinue the sale of alcohol at 10
p.m., Sunday through Thursday and at midnight on Friday and Saturday.
Distance Requirements from Churches and Public Hospitals. The Colleyville City Code
requires that businesses serving alcoholic beverages be located at least 300 feet away from
a church or public hospital. The distance is measured from front door to front door, along
the street front property lines for churches and public hospitals. The subject property
satisfies this requirement.
Distance Requirements from Schools. The Colleyville City Code and State alcohol laws
require a 300-foot distance separation between school property and property where
alcoholic beverages are sold. The distance is measured from property line to property line,
The subject property satisfies this requirement.
Master Plan. The Colleyvil/e Master Plan designates the future use of this area for
retail/commercialland uses.
Public Notification. Staff mailed notices to 25 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 received two letters in opposition to this request.
Planning and Zoning Commission Recommendation. At the February 26, 2007
meeting, the Planning and Zoning Commission recommended approval of the request by a
vote of 4-2 with the following conditions:
1. Alcohol may be served from 11 a.m. to 10 p.m., Sunday through Thursday;
2. Alcohol may be served from 11 a.m. to midnight, Friday and Saturday;
3. A fire sprinkler system and alarm will be installed in accordance with the City Local
Amendments to the International Fire Code prior to the issuance of a Certificate of
Occupancy.
Financial Impact
It has been determined that there is no financial impact.
Recommendation
Staff recommends approval of the request with the following conditions:
1. A termination date of the Special Use Permit (SUP) for the on-premises sales of alcoholic
beverages one year from the date of approval;
City of Co/leyville
Page 3
Printed on 3/26/2007
Agenda Briefing Continued (0-07-1614)
2. Alcohol may be served from 11 a.m. to 10 p.m., Sunday through Thursday;
3. Alcohol may be served from 11 a.m. to midnight, Friday and Saturday;
4. A fire sprinkler system and alarm will be installed in accordance with the City Local
Amendments to the International Fire Code prior to the issuance of a Certificate of
Occupancy.
City of Colleyville
Page 4
Printed on 3/26/2007
Location and Zoning Map
4rBuilding Blockfor tM Fulure"
Don Noblit Associat 5, Inc.
I IItcrId Investment A
March 09, 2007
Chris Fuller
Development Coo inator
City of Colleyv'lle
100 Main Street
Colleyville, Te
Via fax: 817-50 -1059
RE: Z-07-003 SU
5224 Colley
Alcohol Sales
Boulevard
Dear Mr.
As discussed, d
out of state fo
meeting, I am r
City Council co
calendar. If y
to give me a ca
to a pre-planned event that will have me
the March 20th Colleyville City Council
pectfully request:i.ng a postponement of the
iderat.ion to the April 3~o and 17th
~ have any questions, please don't hesitate
Thank you for y
r consideration and understanding.
Very TrU~lY 'tours,
[).)A4. c....,
~. Nobl t
Agent
RECEIVED
MAR 0 9 2007
Per .............
8717 TerreU Odve
Fan wo.... TX 76110
MelfO (817) ....U22
p.o. IJox '_f5
Fvd Worih, TX 76182
FAX (817) ..9&-5522
...... SWS FiaMcial Sftwicft, LIe. ...... N.A.S.DJSJ.P.c., ene .Bot_
t201 EI. 5ffttIf" Set. '500. o.l~ T~ '1S:t70
Notification List
OWNER OWNER
OWNER NAME OWNER ADDR OWNER CITY STATE ZIP SITUS ADDR
5224 Colleyville Ltd 640 S Ayrshire St Crosby ton TX 79322 005224 Colleyville Blvd
Adams, Anne Marie PO Box 337 Colleyville TX 76034 000000 Colleyville Blvd
Allgood, Paul Richard 3815 Rufe Snow Dr Fort Worth TX 76180 005307 Colleyville Blvd
Applebee's OfTexas Inc 4551 W 107Th St Ste 100 Shawnee Mission KS 66207 005150 Colleyville Blvd
Barnard Partners Xii Ltd PO Box 37206 Fort Worth TX 76117 001105 Professional Ct
Bojku, Afrim & Hajri Bojku 5309 Colleyville Blvd Colleyville TX 76034 005309 Colleyville Blvd
Brothers, Lloyd PO Box 45 Colleyville TX 76034 005310 Pleasant Run Rd
Colleyville Land Investors #1 99 Main St Ste 200 Colleyville TX 76034 005217 Pleasant Run Rd
D & V Walker Family Lp #2 Etal 5501 Normandy Dr Colleyville TX 76034 005226 Pleasant Run Rd
Davidson, Charles 22 Rhapsody Bend Dr The Woodlands TX 77382 005200 Colleyville Blvd
Davis, Bobby Joe 8304 Old Springfield Pike Goodlettsville TN 37072 005313 Pleasant Run Rd
Ethridge, Edgar 3324 Dustin Trl Hurst TX 76054 005309 Pleasant Run Rd
First Baptist Ch Colleyville 5300 Colleyville Blvd Colleyville TX 76034 005312 Colleyville Blvd
Gibson, Norman C Etux Doris A 113 Timberline St S Colleyville TX 76034 005117 Colleyville Blvd
Hart, Kay Lynn Foster 5301 Pleasant Run Rd Colleyville TX 76034 005301 Pleasant Run Rd
Hudson, Keith Carroll PO Box 1227 Colleyville TX 76034 000000 Colleyville Blvd
Isbell, Steve E Etux Kristi 5112 Oak Timbers Ct Colleyville TX 76034 005112 Oak Timbers Ct
Looney, Karla E 5109 Oak Timbers Ct Colleyville TX 76034 005109 Oak Timbers Ct
Miller, Louis C Etux Elizabeth 7802 Tillman Hill Ct Unit B Colleyville TX 76034 005303 Colleyville Blvd
Mitcham, Carl D & Brian C PO Box 983 Colleyville TX 76034 005121 Thompson Terr
Nit Investors No 2 Ltd 99 Main St Ste 200 Colleyville TX 76034 005204 Colleyville Blvd
Taylor, Betty Joan Est 2814 Newcastle Dr Grapevine TX 76051 005108 Oak Timbers Ct
Venable, Ruth M PO Box 362 Colleyville TX 76034 005300 Pleasant Run Rd
Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000032 Veranda Ln # 210
Village Monticello prtns Ltd 99 Main St Ste 200 Colleyville TX 76034 000013 Main St
Information from Applicant
Don Noblit Associates, Inc.
Registered Invesbnent Advisor
"Building Block for the Future"
VIA E-MAIL
shelleya@ci.colleyville.tx.us
March 29, 2007
Chris Fuller
Development Coordinator
City Council
100 Main Street
Colleyville, Texas 76034
RE: Z-07-003 SUP for Alcohol Sales
5224 Colleyville Boulevard
Dear Mr. Fuller:
Attached, for your review, is a forwarded e-mail I received
from George Haddad. Mark R. Hafner, Chief of Police of
Keller, Texas e-mailed George with the attached response.
Also, Mr. Haddad has contacted Lieutenant David Smith of
the Bedford, Texas Police Department. Lieutenant Smith was
unable to provide a timely written correspondence due to
department procedures, however, he advised Mr. Haddad that
he would be more than happy to discuss with anyone the
favorable interaction between the Bedford Police Department
and Mr. Haddad. Lieutenant Smith can be reached at (817)
952-2488.
0n;;r ~) - ~
~NOblit
Agent
8717 Terrell Drive
Fort Worth, TX 76180
Metro (817) 498-1122
P.O. Box 820895
Fort Worth, TX 76182
FAX (817) 49&.5522
Offering generalsecwities through SWS Financial Services, IDe. Member N.A.S.DJS.I.P.C., (214) 859-1800
1201 Elm Street, Suite 3500 . Dallas, Texas 75270
Page 1 of 1
Don
From: Mark R. Hafner
Sent: Wednesday, March 28, 2007 1 :23 PM
To: papamangee@aol.com
Subject: George Haddad
To whom it may concern,
George Haddad was the principal owner of Papa G'S on Bear Creek Highway at US #377 in Keller. While he was the
owner he worked very well with this police department on Issues regarding OWl patrons leaving the bar and the serving of
intoxicated persons. Our partnership even made the local papers when he agreed to hire police officers to watch the door
at his establishment. The presence of a police officer allowed his staff to more readily cut off patrons who drank too much
or agree to take a cab vs. driving on their own. George would be more than willing to meet me anytime with law
enforcement concerns
Marle R. Hafne" Chief of Police
Keller Police Department
.hone #817-743-4501
3/28/2007
HAND DELIVERED
"Building Block for the Future"
Don Noblit Associates, Inc.
Registered Investment Advisor
March 14, 2007
Chris Fuller
Development Coordinator
City Council
100 Main Street
Colleyville, Texas 76034
RE: Z-07-003 SUP for Alcohol Sales
5224 Colleyville Boulevard
Dear Mr. Fuller:
I am writing this letter to address the early closing issue that
came out of the Planning and Zoning hearing. Their consideration
of my tenant's (Mr. Haddad), as well as the owner's
(Mr.Hartsell), concerns in the proposed endeavor was appreciated.
As discussed in the prior letter to the Council, I will be
available on the April 3rd Council meeting to discuss our
remaining concern outlined below.
Mr. Haddad's business model caters to the 114 corridor
restaurants, area restaurants and the DFW Airport service
industry worker and provides them an establishment to gather and
dine in at the end of their day. The success of his
establishment is predicated on extended hours of operation. Mr.
Haddad feels that a Colleyville location will be closer and even
more conducive to this type of business than even his successful
Bedford location. Of course, normal restaurant business hours do
not service these patrons.
Mr. Haddad has many years of successful operation of this type of
establishment and has more importantly been able to maintain a
good rapport with local law enforcement. Staff training in the
letter of the law is high on his priority list. As stated to the
planning and zoning commission, we have made great efforts to
find a reputable occupant for this building in light of recent
history. We believe we have accomplished this with Mr. Haddad
and fully intend to be good citizens and look forward to a
successful, long-term endeavor at this location. I pledge to
respond to any problems immediately and can be reached at 817-
498-1122. Your earnest consideration of our proposal is much
appreciated.
Sinc~eel ,
~\ (.>-'\ ---t-
J
Do-Noblit, agent
8717 Terrell Drive
Fort Worth, TX 76180
Metro (817) 498-1122
P.O. Box 820895
Fort Worth, TX 76182
FAX (817) 498-5522
Offering general securities through SWS Financial Services, Inc. Member N.A.S.DJS.I.P.C., (214) 859-1800
1201 Elm Street, Suite 3500 . Dallas, Texas 75270
Don N oblit Associates, Inc.
Registered Investment Advisor
"Building Block for the Future"
HAND DELIVERED
January 31, 2007
Chris Fuller
Development Coordinator
City of Colleyville
100 Main Street
Colleyville, Texas 76034
RE: 2-07-003 SUP for Alcohol Sales
5224 Colleyville Boulevard
Dear Mr. Fuller:
In response to your FAX of January 24, 2007, attached are
the answers to the questions posed by the "Development
Review Committee." The answers were prepared by Mr. George
Haddad, who is the prospective tenant for the location.
Please be advised that we are more than willing to answer
any additional questions or provide any clarifications
necessary as is Mr. Haddad.
Sincerely
f) 7A - .J ,-?A(,
'~~ Nobl t
President
:cc
8717 Terrell Drive
Fort Worth, TX 76180
Metro (817) 498-1122
RECEIVED
JAN 3 1 Z007
P.O. Box 820895
Fort Worth, TX 76182
FAX (817) 498-5522
Fer .............
Offering general securities through SWS Financial Services, Inc. Member N.A.S.DJS.I.P.C., (214) 859-1800
1201 Elm Street, Suite 3500 . Dallas, Texas 75270
PAPA G's SPORTS BAR . GRILL
TO:Development Revittw Committ8e
SUbjeCt;R"ponse to to CORImiU88 questions.
1 . The exterior of the building will be totally N-don. with repairs to certain
.re.. that are In need .Our Intention Ie to paint the exterior with the ..me
COlON as the vII lag_ of Colleyvllle and Ihe CoIleyYille town center,8o that it
c....tes an appealing blend that CQooOrdlnataa with 1IIe background (
Vlllag.. Of Calleyvllle).
The parking lot will be cleaned and power _abed,then re-striped .A
stained wooden fence will be installed to block the c....k.a.....PaJ trees and
banana treea win be pllnted Infront of the '-nee to create a tropical look .
(S.. attached exhibit)
2 - No expantlon to the building will lake place.
3 - Yes the exletlng outsld. eating a... will be utilized and vasty improved
with the Inatallation of a wooden deck and Iron fence along with
landacaping which Incluclea potted ...... and the front of the patio will be
landscaped..
4 - No the outdoor a.... will not be .c....ned but we will hav. umbrall.. to
block the aun. Water rnlabH8 will be .....IIed.Outdoor propane h..... will
be placed.The iron fence Ie ..... in height and it will hay. protective screen
around it .th.t will block any wind and duat.
5 - Yes alcoholic beverag.. will be sold and consumed outside in
compli.nce with TABC ruIN .nd Ngulatlona.
6 - Hours of operation .... from 11 am tI,1 2 am aeven days a week.
7 .. Hou... of alcoholic HrvIce .... the ..me _ the operating hours.
8 .. W. will have no pool fa... since we are a family orientsd spom dining
facility. However we shall have on p..miNe 80me ..tronic video pm.
$Uch as Gold.., Tee 2007 and a couple of video galMll for the children. We
do not antlcipa. havin live bands .but W8 will have. Jlv. disc jockfy em
ThUNdaY~rlfiya satUiday ni86f1..
9 - The total equ....Iootag. is ..800 Mluaftl fHt.
10.. The entire bUilding wiD 1M uud.
11- The "n-.:aplng along Colleyvllle Blvd.wIIl co~.t of palm tnea _
shrubbery along the perimeter of the patio.Seasonal c01orfui plants will be
planted in order to add an appealing look for the drive by trafftc and
potential g...... to our ...bI........t.
12-No pmtdng lot will not be IICnNned from CoIlttyvllle Btvd.
13- The adjacent vacant lot will not b8 UMd.Howeve, if it Ie deemed
nee...." to use the parking lot,then we ahall meet with the property
owner and d"c... pennit arrangemenbl and obtain a pennil....nwhile we
ahall not be held ....ponaible if 801M patron decidM to park on the va~nt
lot.
14 a-IMnU ie Included.
b. The enI8rIor will be painflld with neutral colora. .11 walls will have a
brick look.all counter tops wUl be laminated and resurfaced. The floors will
be carpatud.Bootha will be inatalled along the back wall and the
window aide.
c..Walkln cooler and freezer- ventahood ventilation ayatem-heat lamps.
reach In coo..... and treue.....tai............; p",p tabl......ndwlch prep
..Nlce unlt..oda fountain d..pensor....and alnb- waitress station prep
araa~ommerclal dlahwMheNnop .nk-
d. food to alcohol ratio in Bedford Is in compliance
....ffing will average four kitchen .18"..two barl8nd.....o.. barback-
one bu...r- 8.ewe.. -a nightly door personlbouncer to check I.Ds and
shift aupervlaor.
,..taffing level Is Identical to the staffing level dMcribed ib section "e"
above.
g-No police incidents other than once when a sink has fallen off the
wall and we thought. patron walnvolYed,ao we summoned the police
Just to protect ourael".. Jut in e... " was . patron.
h-a TABC pennit with late hours will be post&d In this location.
15.. The estimated ..... tax to be paid annualy based on the squa... footage
should be approximabtly $100,000.OOpl&18 , for the duration of the lea...
IJlp.19
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$1 ~ ed.~L K.
C'&JL~6VV/LL6 BLvd
..........-----------
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11_1111_111111111111111111111111111111-
...-...........-.....
App..~zePS
.... A Clddlell......lI....____.................__..__............................!l S
G1.nt nOll( tor.lla Itllfftd WIth cIIe_1II4 soeciellY .Nlfecl bee! CIr C/lidtM. S6MdWilll $;OU. cte.m and illsa.
....... ....._I_................._......_..........................__..........."....~_._............., ..5
Sp,n.eIl .. lltticMIIe lIeetlS, lOw' ctlarrl. and ~.m Cll_ 6ttJtIM ,n a eanl /lOdt Ulftl~a anC! IIlNeCI wi1l\. lido (II glse.
Vltlll..n .........'- ..H.......H..............................".M......M.........H..""...........................
Alllant sca$)ncd 1IQu.1lYtJUe fubbll4l with "rile oIiw DI anll ~ Yiilh rnannll1lllluCI,lIIIlIlIn ulIIlIllD. ~
llIla llaptlAfl. onione. ,n(lllfac:k oli\IK. .nd topped willi ",OJUte!;, chi..... StJIIlIll_ a Blda (II _riIlat<I ulICe lot dillPlnc.
.......... ....,~ _......_.".,.........._..............________......................._................".7...
8N~ICll_1Hried cllicken lltrillS served MIlia ,hd. of finch. fIWI. 01' honey mUWllll sauce and a lida ;)f Frnch fritS.
....... .........H............................................~_....__.........................................
Jala~ tlllllpe" $tlltred ..;u. 'Maconslfl thlllldlr ell_I, nqqd wi1h dlceclialill*lOl and rrlelllo a foldll1l:1rll\VJl.
Sefued 'AM a ,,<Ie 0I1111c11 dnll&ln...
....... ...... ........................................M........................................................M...s....
Brdl>>d monaral;, ell... ~ willi marinara Auto.
..... .......- ...............................'.....MM.........................................................s....
liilOh05 wi1l1 BW8rll winftlnr. T~ ~In 1DOPCd"lth dteddlP' Ch~ llI4oc;k OliYll', tomllD.., onions, end jalapcnO$.
llel"\llld v.i1I'I5OUr Cl'earn.
.... .,.... .................-..................................."..................................................SI...
.n.... .... ....... ... .......................................................................................s....
A blend cf spInaclI, IttiChOl0 hear.s. lOUr ctellm 8Ild cream cI1_8 whh a hint olllle(l1. SCrled MllIIOrtill. chbs.
....... a ..... ........................w.............................................__.._...._..._..........SI...
Cri!.~ t!lItIIlI dll~ StIW;(l wilh Diu.
...... ...... ............................"......""......,.................................._......................1...
A 'OIJSk6t O' FrsnclI frill smotllil!rt4 wAth IlI$lteCl ChedW cheese, Sen.ed with , sid. of r.nell dfealn&
..... ....I~ ............................................---.....................M....................................s.....
LtJII4IM ...... ............................................................................................................
A ba&kat ollo1l1Ulntr(/lc'ecI...nn sour C'8lIm, ClIHsa. clliws. end baocln.
........ ...... .-..- ....................N....".........................................."......_._....___.S..~
016 famou, Pota;Q Sllll'lli are IOadecl WJtIl mel1B<l cn_. tllICOn,lna ltlOpecI w\illlI'"n ontollS and CliCeC tolYlllroes.
SeNllll \l\litrlll sidl! 01 SOUr C.8ilm. .
...... ....... ..........-....................................-.......-...............................................5...
Lat ut put ()\I. fOOT in ~'OUr m:ldthl B6~..O fried OI'IIOnJ, IlacI<<Id a toot \'Ii",. S.Nt~ \IIOitI1 "11Q~ ,nd loco~h\lP,
.......lI'IartCW ......_____....__.._..__...._._.._._...... ~._
P1i1!nty f:ll TlIIOI A tlI.... comlli.,.DQIl erwlna. elleelt $ticka, "Dper&. ohicken teOOlllS, j)OUItlI skin.. and cIIip$ ard sal$ll
servell ~1Il Ra~<il. blue CIl_a and ""Irinere.
.... a. ... art...................................................._...._....____.................._......... ....
liD. offr6:sn, ~il~ SIl~mi: ser.tlId ...i1l\ eoekttil a'L1te. A very helI/thy toeat!
........-- ...
In Paps's own tpi~ blolfr.lo lIlIuce!
.... ......................H.............._.................................._...._..........._............_MS....
-.-.. ...... ...........M........................W.......N.........................................................
----., s. ..............-..................................tWi.1I1I'q......,...................... 1 ".......2....
..."... .......... ~.. .........................................."M l........__............._......................
Soups
.... ........
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. ... .....f
/I
S_..ds
Oresslncs: flal\C~, 1l1u41 ell.S" 1000 IUoo,l'rencll. eaestr. UJ"n, HOVM
...... ........-.................-.................................-... .M.................................... I...
Fnl51l18UUce wiIIl t.I~, red CIIblM1.., C1"""'1!A ~ I CI\Oice III dr..wc.
.......... ......... ..... ..................-.............-......................................--.....................
/'resh lettuCt ",ltIIlIDSOIlelIlltllIIell :I1JcMn. allllles. wal!llla ~1lIeIy. Dell P/lpper, m~ and seot$llrIln&,
...... ............-.....................................................................................t,........5...
IlomiIlna letIllcIt WIth Il'tlId Plr_n CII_ and 1lI"~ 1lI'O\I1Il1l5 tlIppllCl \/0111\ ~ drtNi""
..... _N-. -.................._......................................., T T"" ...................................s6...
...... ........... .---......................................-.........11.. TF..............._...................
AomSlnalitlUc.,1Ornltll, aJcumlle., fief" mlll/llQOt11i. tl8IIIlIPplr, lleen Onions, !nd dresSed wiltl PlIOI', &w'l'I Gle8k
(lresting .nd 11:(. chHlle.
---------------------
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..n....cb.. .. Subs
HluRd'llicllCSMrvea wlIIl ~
.................,........ ....R......1J.......MI"'."_....-.....llvT r................4A---.......7....
Gtlltd $lIip.t of _I(ltlecl c11lclell. SIIllUlec1 :lnlOl\l , bin peppers. ......pP8d In I nour 1DrlI1I Ina &8Nl1l1 'IIiV\ ~pS.lIIl&a Ind IOU' ....cam.
.... ........ ~.....-.............................IIJ II1I rTTI...............~_...._......................
Sliced II'tll meat lettuce, _. aniQ'lS. and PIpe', own /lY<9"'-
....._.... ~ ........11......11.. 1 ~ .... 1 ....................l 111......."._.._........,...
S1rlpa of bII.t on . hOll" roll witIl..lIt6ed bell JlIIIII*S end OniO/l& fjlel*l """ RWI"'lltow$rle cneMe.
,....... ... ......................"11'." , 11........................................_....................
Sli* IQI4t beer on " II<leBlll bu' SIt\i9d ...!II ~ M-
........ ...et .............................._.. ... ...........................................,........-...............
USIlA ChOlCeo ffQUll4 bMI'. f6~,*, MfI fIIe1feO SwiM ~ Ind tJiled onioIw. I8I'WIIl allJ'lllr8ad.
~ __ ................H.MI.""., ." ......___..............._.....A~.J......_............._plI_.......S....
Sliced smoloed wrtoq tll'Ol"~ \lipped Mth meltod S'IriM __ IItld C'fll;ld onlGftl. ..MIll GI'l t)e llread.
........ .......,.. _..... ........__________...........-.........7...
IIIIckenecl eN" blean SI'llIlIheted whh OUr fWnou. WInp..ffotn.he. &lUGe ItlMlCl on I IlUn wItI1 mlllO. I~ IOl'IIalo and onion,
...._. .t.M1.......... ... ......... rn Tn........................,.., 1111" I .111." ,.. ...'I......................S~...
Grtlled or IlllclllMcllMaaNd tI\~ llIUstlllllt*l with Ie\tuoe. lilIIMlllllld ml1'Q, lIIMlCI on . whn. bu~.
.... ~_ ..M...................A...ll.....M.......M.....M"'.....""., r"""..............................,...
LII1IW8d MOu/1d8 Of .IClId turkIy, ham. and bIKlDn. HI'Wd Cl'Il.O~ wI'tIte breed wl1/l clleeM.ICUIote. end Iollllllll.
..............................:.....'.11.. t 1 I II 11..............__....111 n If! I..., II" ,..............__..................5...
StriJl$ lIffre-,h/y ~ "con tlIllPCd wilIIlllUuce. tllI7llUl ~ Mm. Mn4Id ~ liOlIltlld 1IIhltc brlllld.
............ _tt'tlllllUHUU.lI'1J.lll H. . .&.&.....1"....."'''''.111111111111.....''0......... ---._......&S...
Steeo"'! ~I& ,n '"1"11II" _18MId in I O.lUb 101. _~d...tlh 14mu~, tcImIlIotI, blN\< oI~ .. i)lrllle&Bn eIl_t.
? ........... .....M..H.....'a.&&.1 I I II 1.........'..,.'.,."'"..............M0M4MMM............................s....
. 8.1Ub I"ClIlll.affed with hilI\'\. turklw. rOlIlIlMf. &8IIrni.IettuOlWrNtDII. 0";0"11. plaWlofle" twill chMMl
Ind,.'$ ~.I.uI1~,
....... .. ...........".... ... f l'II..........................,..'r ..........., III I' .1........._...................,...
TQk. ~ trl~ Ij~ ~ tlet. HnId in 19" IIIb rOIl ~ Iett\loe. ~. oniOto$....., M/&O-
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A foat 1lIn.1ICIt lIOfllopDecllllll/l etil~ etl_, en(! QftIOlI4.
........ ....... ~_1<:I.1'... .f ...,.......'........1'.1I~._...._._._..........'1'<l__........................s....
"$" SIIl1loede(l WiV\l)vIl'-'O PrllllP, ICItIlJ(;C. ~ .n(! on~. It. wI;h Re/lCll 0te$Si~"
~.ttn~,;!
ExtrH: chIe&I.25. blw> Of ~_ .50, ..w DiI1\Y 2.25
.... ....... """"".11.................."..1"'" 'TI'1 '1'"..........................._.................5...
L<lllded willi ~. lom-'1JIlQl ard. pldd, on 1110 aide.
....... .. ... ...............................",........ .................................................."'"".....15
The boIsk: biller liDPped willi m.hed Am8rit:an 1iI.&e.
.. .. T. _ ~._ ..".,,,,,."....'..11' 'F ............._...................................."..........._......7.
TIle lla$IC burjleflQQpe(I witI\ ~ M'IeIialn ~ .tld IIll.ISIlIClOllll.
...... ....... ....,.., M.'" 'II' ....."..","....11.............................. _ ... ...... ................__....L..
TIle '-iC lllItll:< 'looped with tlaco" ."d I'lcfll:d ArnClric.tI ~
....... ~ ~ ....<:111..... II T 1 1 ".,............................_........................-.............-.....
~$ie Ilura- dipped In "'P*', .......... end "MId 011 ellUll wilIt 1Ilrtu~ mmatDes, Ind onian&.
................ --.....______-.......-.....--...........7..S
" sllICIl of beef. baOOo'l, IbUtCcd 1Ilur;h1'llOlM. mchi:ll th.~. Il!tllJce. cnlon.. tom"*,. Ind Texas chHL Served with IOt$ Of IlIIlldlll'
E......s
M en... iPdudlt II .. or c."., Mild.
...,.... ......_........ ....,.111.* Jlllfrtr .............---- I" ................."...............
Sll&OOcd lKIef 0' eII_" mlxad whh . rneaIlIy of &lMllI:ll llriem:al ~1lI1liS ltItMd on a IlOd or wild nee,
....... ...... ........................ '" I' . ,.., ,..,.,................." 11 'I , I' I........-W.......,........-...
A b.....ded tI!ndedoin fried 110 "'-ft perfectiOn. TOlljlecl 'MllIl homMlldI Belt IIIlc:IIIMlI ViftII flle5l11d . &I~ ~llIe medlEW.
... ..... ..... ....&\.44~.......'"., 'v- .... *1111'11 .1I11................a.tI....I.........................................
ROll. ~, Itld lllOIwft """ Knoed OIlP flIClld OIl Texa. li:lUI..nd tile 'tl8C/!Uble of dle d~ .
... ....r - po. . .........~....., 1'1 ..................11.............................................._.........&......
III 1 OIl. 1\$I'I1I1IIIt. ~ed and deep fried. ter'Ied ~ h\I!h IlUPples, f'fenCll frle6, sellllled YeilllllDle medtllt. role.... tlld TllU9 loa&t.
..............~ ...... ____________---....s.....
BI~ ChICken tr.-. ser"'Id ""'" wild r1~. ~ ".....11I. medley. and..... tllast.
....---- ...... -'T · 'n" .............1..........._.................._IHl.ltt1.fW....--.....
!I6Moned lllIicIeft MtII dl<ecI6 sauce.!leI\Md 6n ailed of1llltucnlllOOdllll 11I4111110 cII_llMId.
................ .........._. .-r:rn '_.........N..f.,tf".............................................-~. S~..
Popcom Shrinp willi .Ifrtdo Muel\, JeMd ClII a lltd d fetlucW IIOOdI9t InclGlrf.c d._breao.
1.1ml r __ __ aI ...................'..1111'............................".,1' ~tI.4,_...............
1\ cnicken Inlet llIIIIilllIllId In IllIIlDn DePOIf prli: UUCIl, billed .nd MnlIli tlilh wild rice. 51111t6ed wtNI* ille4ey
and ilrfic cheese br8Id.
._11..1111...... ___.._..........___........._.__.._.._......
SellIlII'Ied IIlIIItba~& In lOll' cream WIVf. MMd on I bid at fllttudnl nooch& wl1n elide of girlie tol!lt
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if liD 11 ..................... 1'.11111 .1'.11....".'..'r'.......1.r..~" n 11...'......._............."....a..
Ice llr'IIIm end ~1lII pie on. ..hM11lll1C1& c:rIlft,
_...... __111.nI1l1.....1f1l11lIllTn.. ""....n.. l.u...un'" .II..........nT .Ullun",,"" r .......
_ clIIrk Cllacolllte momel6:118t11eNd in riCllN. fatin,-
lie.. :..-........,. ..~..... _...............-.. .,...,.........., 11 , T 1"'" "'T ...........--.............
Rich. orNlIIlI ~ I1IIoIrlecIIliI:ft nfrellll...~.m.I,.,...___. .
.........._ -....-.... ..w...... r _ ...u...JlultJI..tll' THill. ...UIl.n...lIl1l1l1U".... dO...................
PUI'I1lt IIuaf 'CIe l:flilm c:ow..-d WIlh CII....1cs rt ....nut butIl!r IIld cIIIlcoIIot.t. .
J..ntor Le..... ...nu
I'arlh_12 MId uncI~
,. IMlI'VlIlI 011 . compllmem.I)'II'" clfac *"" . toI/lIUi'" dri.....
S5..S
Chicken Tendenl & Fries · Corn DoC & Fries · Hot DoC & Fries
Chill Do." Fries . Grilled a.eese "fries · MIl'l Pizza
...e,.....
~ ........."...................._....................11' .-................................... ..111..1.................
COca-cola . Diet Ccke . Or. Pepper · Sprite . Root Beer . OtBnle Soda
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---------------------
. '\
MBuilding Block for the Future"
Don Noblit Associates, Inc.
Registered Investment Advisor
BAND DELIVERED
February 9, 2007
Chris Fuller
Development Coordinator
City of Colleyville
100 Main Street
Colleyville, Texas 76034
RE: Z-07-003 SUP for Alcohol Sales - 2nd Letter
5224 Colleyville Boulevard
Dear Mr. Fuller:
Enclosed are the answers to the questions posed in your
second letter dated February 8, 2007.
If you have any questions, please don't hesitate to give me
a call.
Si~CerelY: /;
0-/~ -{'/US.
D~blit
President
:cc
RECEIVED
FEB 0 9 ZOO?
Per ..----- .:1
8717 Terrell Drive
Fort Worth, TX 76180
Metro (817) 498-1122
P.O. Box 820895
Fort Worth, TX 76182
FAX (817) 498-5522
Offering general securities through SWS Financial Services, Inc. Member N.A.S.DJS.LP.C., (214) 859-1800
1201 Elm Street. Suite 3500 . Dallas, TeXllll 75270
Georgeo's Sports Bar Inc.
PAPA G's SPORTS BAR & GRILL
2900 Highway 121 Suite 110
Bedford Texas 76021
817- 354- 4140
February 8th 2007
To: City Of Colleyville Development Review Committee
In response to your second letter:
. 1- Regarding the proposed exterior renovations, we have stated that
the exterior will be redone, meaning that repairs will be conducted to
certain areas that have deteriorated due to bad weather condition,
such as rotted wood section in the main entry. Those will be redone
by replacing the bad plywood, then it will be re-plastered and
painted. We have no intention of adding or changing the outer
perimeter of the building other than painting and repairing minor
areas in order to uplift the looks of the building and giving it curb
appeal.
. 2-Yes the outdoor dining area will be expanded with treated lumber
decking to the length of the building on the side facing Colleyville
Blvd.
. 3-The landscaping will be designed professionally and will be
moderate in height so that the business will be visible to the drive by
traffic. Plants and shrubbery that exceeds certain heights will hinder
what we are trying to achieve, which is visibility and an attractive,
eye appealing look that will enhance our business.
. 4-As stated before there will be no bar in the outside dining and
there will be no food preparation. We will only provide outside food
and beverage service to our patrons.
. 5-The outside dining area will meet your requirements. We will only
have tables, chairs, umbrellas, benches. However we have
previously mentioned that we are planning to place a few outdoor
propane heaters for the comfort of the patrons . The heaters will be
commercial grade. We hope that the heaters will meet your approval.
. 6-We have no plans of having outdoor stage or bands music .The
only music that we are providing for our outdoor diners is piped in
music for their dining pleasure. All bands if we decide to go that
route, will be strictly indoors.
. 7 -Due to the square footage of the building, fire sprinklers are not
required. However we will abide by the rules and have knox boxes
installed and hand held extinguishers will be placed in various areas
of the establishment.
. 8-ln regards to the methodology of calculating taxes we used the
square footage of the eating areas to calculate the estimated
forecasted revenues.
. 9-Tax verification:
. a-As far as providing with two years verification of our taxes in
Bedford, is not available since we only have been in operation since
August 4th of 2006. However attached are our six months sales and
liquor tax documents.
. b-The standard TABC license will be in place at this location. The
T ABC license is; Liquor - beer & wine sales with late hours.
NBuilding Block for the Future"
Don Noblit Associates, Inc.
Registered Investment Advisor
HAND DELIVERED
February 22, 2007
Chris Fuller
Development Coordinator
City of Colleyville
100 Main Street
Colleyville, Texas 76034
RE: Z-07-003 SUP for Alcohol Sales - 2nd Letter
5224 Colleyville Boulevard
Dear Mr. Fuller:
I am writing this letter to address the various items of
concern voiced by the Commission regarding the above
referenced request for Special Use Permit. First, the
owner of the property has agreed to have a fire sprinkler
system installed at his expense.
Second, Mr. Haddad would prefer to have a smoking
establishment since to do otherwise would put him at a
competitive disadvantage with similar establishments: i.e.,
Applebees, Lonegan's. He is prepared to control the smoky
environment as he has in his Bedford facility.
Third, the magnitude of Mr. Haddad's investment and lease
precludes him from entering into a financial obligation
that requires the owner of the property to reapply for a
Special Use Permit that can be denied arbitrarily. Too, he
runs a tight ship and feels that the past should have no
bearing on him. All indications are that Mr. Haddad
operates his business in a very professional manner by
hiring experienced managers and wait staff all of who are
trained as required by TABC. In addition Mr. Haddad prides
himself on the quality of food and service, the compliance
with all rules, laws and regulations, and on the
cleanliness of his establishment. RECEIVED
FEB 2 22007
\ Pef ..................
8717 Terrell Drive
Fort Worth, TX 76180
Metro (817) 498-1122
P.O. Box 820895
Fort Worth, TX 76182
FAX (817) 498-5522
Offering general securities through SWS Financial Services, Inc. Member N.A.S.DJS.I.P.C., (214) 859-1800
1201 Blm Street, Suite 3500 . Dallas, Texas 75270
The last item was the suggestion to provide drawings of the
proposed improvements to the building. There are no
drawings of the proposed improvements to the building since
no structural changes are being made. The building will be
repaired and painted in a color scheme to look the same as
the buildings in The Villages and the inside will be
remodeled according to construction estimates already
provided. Code compliant signage is to be provided. Mr.
Haddad will have pictures and the color scheme of the
building available at the Commission meeting.
After looking into the incidents reported by the Keller and
Bedford Police Departments, the motor cycle gang and the
car shows in the parking lot occurred at the Bedford
location while it was a bar-b-que restaurant which preceded
Mr. Haddad's involvement. The Keller report of the DUI
cases spiking were for the years 2004, 2005, and 2006. Mr.
Haddad sold his location named Papa G's to new owners in
2002. In addition, while Mr. Haddad owned the Keller
location, he hired off-duty policemen, with the police
chief's permission, to be at the door. When he sold the
establishment this practice stopped. Mr. Haddad has had no
ownership in this operation since 2002.
We have made great efforts to find a reputable occupant for
this building in light of recent history. We believe we
have accomplished this with Mr. Haddad. We fully intend to
be good citizens and look forward to a successful, long-
term endeavor at this location. I pledge to respond to any
problems immediately and can be reached at 817-498-1122.
SinCerelY~ (u
n ~~ - f'~1',
~ oblit
PreS1- ent
:cc
STATEMENT OF PLANNING OBJECTIVES
The facility at 5224 Colleyville Boulevard has, for the
last few years, been operated as a restaurant and sports
bar. As such, the facility is configured with a full
kitchen and bar. Any departure from this type of operation
would involve a large expenditure on either the owner's or
the tenant's part, which would make the renting of this
property extremely difficult. In light of the recent
history of the facility, which resulted in the withdrawal
of the liquor permit, every effort has been extended to
upgrade the quality of the tenant. At this time a
prospective tenant has proposed to reopen the facility as a
family sports dining establishment.
The prospective tenant is George Haddad, who has a similar
type of family sports dining establishment in Bedford,
Texas and recently one in Keller, Texas known as Papa G's.
These locations are very successful and reputable backed by
Mr. Haddad's forty years of experience. Mr. Haddad is in
the process of developing his plans for this facility and
will apply to the City of Colleyville for the necessary
permits and licenses. Mr. Haddad is willing to discuss his
plans for the facility and would be more than willing to
conduct a tour of his current facility in Bedford.
The purpose of this Special Use Permit application by the
owner of the property is to reestablish the liquor permit
for this facility in order that Mr. Haddad can proceed with
his plans to develop the facility as a family sports dining
establishment.
RECEIVED
Per ..............
Letters in Opposition
February 16, 2007
City of Colleyville
Attn: Planning and Zoning Commission
100 Main Street
Colleyville, Texas 76034
Re: Zoning Case # Z-07-003
To Whom It May Concern:
As owner of 5204 Colleyville Boulevard, the property located adjacent to 5224
Colleyville Boulevard, I strongly oppose the City of Colleyville granting the SUP for
alcohol sales being requested by Don Noblit for case #Z-07-003,
Sincerely,
et!f!!!!v
President of the General Partner
NIT Investors #2 Ltd,
FIRST
BAPTIST
COLL~YVILLE
February 19,2007
Planning and Zoning Commission
100 Main Street
Colleyville, Texas 76034
Re: 5224 Colleyville Boulevard; Case Z-07 -003
Commissioners:
This correspondence serves to inform you that First Baptist Church of Colleyville is
opposed to the owners of the property located at 5224 Colleyville Boulevard being
granted a special use permit for alcohol sales. This property is in close proximity to our
children's ministry buildings. We have ministries that take place throughout the week,
including evenings. A patron drinking and then potentially leaving the property is not
the atmosphere we want next door to our church facilities.
We respectfully ask that you deny their request for the special use permit.
Thank you for your consideration,
God Bless,
~~~
Executive Pastor
~ <<~~~;-/
Jim Bailey, Dick Schaulin, Lonnie Laue, George Coleman, Clark Lovrien, Jay Bray
Leadership Board of First Baptist Church
,.
RECEIVED
FES 2 0 2007
Pef ...............
5405 PLEASANT RUN. COlLEYVllLE, TX 76034 . PHONE: 817.281.4158 . FBCCOLLEYVILLE.COM
FIRST BAPTIST
COLL~YVILLE
March 14, 2007
Community Development
City of Colleyville
Attn: Amy
100 Main Street
Colleyville, Texas 76034
Re: 5224 Colleyville Boulevard; Case Z-07-003
Dear Community Development Department:
This correspondence serves to inform you that First Baptist Church of Colleyville is
opposed to the owners of the property located at 5224 Colleyville Boulevard being
granted a special use permit for alcohol sales. This property is in close proximity to our
children's ministry buildings, We have ministries that take place throughout the week,
including evenings. A patron drinking and then potentially leaving the property is not
the atmosphere we want next door to our church facilities.
We respectfully ask that you deny their request for the special use permit.
Thank you for your consideration.
~~~
Michael Ray
Executive Pastor
Leadership Board of First Baptist Church: Jim Bailey, Dick Schaulin, Lonnie Laue,
George Coleman, Clark Lovrien, Jay Bray
RECEIVED
MAR 1 4 Z007
I
Per ..............
5405 PLEASANT RUN. COLLEYVILLE, TX 76034 . PHONE: 817.281.4158 . FBCCOLLEYVILLE.COM
Opposition Map
arc
to
5300
821 817 813 809
5312
814
816
820
817 5310
813 815
5300
ORDINANCE 0-07-1614
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, AUTHORIZING A
SPECIAL USE PERMIT FOR THE SALES OF ALCOHOLIC BEVERAGES FOR ON-
PREMISES CONSUMPTION; 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, the City of Colleyville has received an application for a Special Use Permit
under Case No. Z-07-003; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general welfare of the City to enact a new zoning
ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning Commission to
recommend the boundaries of the various original zoning districts and
appropriate regulations be enforced therein and to recommend a new
zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into districts
and has prepared regulations pertaining to such districts in accordance
with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, panic, and other dangers; to promote
health, general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration, among other things, the character of the districts and their
peculiar suitability for particular uses, with a view to conserving the value
of buildings and encouraging the most appropriate use of land throughout
the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City
of Colleyville City Council, in compliance with the Charter of the City of
Colleyville, and State Law with reference to changes to zoning
classifications under the Zoning Ordinance Regulations and Zoning Map,
having given the requisite notices by publication and otherwise, and after
holding due hearings and affording a full and fair hearing to all the
property owners generally, and to the persons interested and situated in
Ordinance 0-07-1614
Page 2 of 3
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,
Sec, 7,
THAT all the foregoing premises and findings are found to be true and
correct and are incorporated into the body of this ordinance as if copied in
their entirety.
THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by authorizing a Special Use
Permit for the sales of alcoholic beverages for on-premise consumption on
Lot AR, E.M. Thompson Subdivision, as depicted on the Zoning and
Location Map, attached as Exhibit "A", and subject to the following
condition:
a. Alcohol may be served from 11 a.m, to 10 p.m" Sunday through
Thursday;
b. Alcohol may be served from 11 a,m, to midnight, Friday and
Saturday;
c, A fire sprinkler system and alarm will be installed in accordance with
the City Local Amendments to the International Fire Code prior to
the issuance of a Certificate of Occupancy.
THAT the above described tract of land shown on Exhibit "A" 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, as 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 of this
ordinance.
THAT it has been found that there has been a change in conditions in the
Ordinance 0-07-1614
Page 3 of 3
above described property, it is now necessary that it be given the above
zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare, and requires
that this ordinance shall take effect immediately from and after its passage,
AND IT 15 50 ORDERED.
The first reading and public hearing being conducted on the
2007.
day of
The second reading and public hearing being conducted on the
2007,
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G, Boyle
City Attorney
Exhibit A - Zoning and Location Map
D
NORTH
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number: 0-07-1615
File Number: 0-07-1615
File Type: Ordinance
Status: Second Reading
Controlling Body: City Council
Version:
Agenda Date: 04/03/2007
Agenda No.: 5b
Final Action:
Requester: Office of the City
Secretary
File Name: Approval to declare unopposed candidates in the May 12,2007, General Election elected to
office and canceling the election
Attachments: Ordinance 0-07-1615. pdf
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 03/20/2007 City Council
1 04/03/2007 City Council
Title
Approval to declare unopposed candidates in the May 12, 2007, General Election elected to
office and canceling the election
Explanation
Second Reading and Public Hearing
No person filed declaration as a write-in candidate and one person filed for each place on
the ballot. Therefore, three candidates are unopposed for election to office: David Kelly,
Mayor; Carol Wollin, Councilmember, Place 1 and Tony Licata, Councilmember, Place 2,
First Reading and Public Hearing
On February 6, 2007, the City Council approved Resolution R-07-2809 calling a General
Election to be held on May 12, 2007, for the purpose of electing a Mayor and
Councilmembers to Places 1 and 2,
According to the Texas Election Code, the deadline to file for a place on the ballot is March
12,2007, and the deadline for a write-in candidate to file declaration is March 19,2007, In
the event that no person has made a declaration of write-in candidacy and that each
candidate on the ballot is unopposed for election to office, the City Secretary will certify that
each candidate on the ballot is unopposed for election to office,
Under these circumstances, Subchapter C, Chapter 2 of the Texas Election Code
authorizes the City Council to declare the candidates elected to office following the time the
election results would be canvassed and cancel the May 12, 2007, General Election,
City of Colleyville
Page 1
Printed on 3/29/2007
Agenda Briefing Continued (0-07-1615)
Financial Impact
It has been determined that canceling the election will provide for a savings of $7,245,00 in
the FY 2007 General Fund Budget, Office of the City Secretary, Line Item 6215,
Recommendation
Approval
City of Colleyville
Page 2
Printed on 3/29/2007
ORDINANCE 0-07-1615
AN ORDINANCE DECLARING UNOPPOSED CANDIDATES IN THE MAY 12, 2007,
GENERAL ELECTION ELECTED TO OFFICE AND CANCELING THE ELECTION; AND
DECLARING AN EFFECTIVE DATE
WHEREAS, a General Election for the City of Colleyville was called for May 12, 2007, for
the purpose of electing members to the City Council; and
WHEREAS, the City Secretary has certified in writing that there is no proposition on the
ballot, that no person has made a declaration of write-in candidacy and that
each candidate on the ballot is unopposed for election to office, as depicted in
Exhibit "A"; and
WHEREAS, under these circumstances, Subchapter C, Chapter 2 of the Texas Election
Code authorizes the City Council to declare the candidates elected to office
and cancel the election; and
WHEREAS, the City of Colleyville is authorized by law to adopt the provisions contained
herein, and has complied with all the prerequisites necessary for the passage
of this Ordinance; 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1,
THAT the following candidates, who are unopposed in the May 12, 2007,
General Election, are declared elected to office and shall be issued
Certificates of Election following the time the election would have been
canvassed:
David Kelly -
Carol Wollin -
Tony Licata -
Mayor
Councilmember, Place 1
Councilmember, Place 2
Sec, 2,
THAT the May 12, 2007, General Election, for the purpose of electing a
Mayor and Councilmembers to Places 1 and 2, is hereby cancelled, and the
City Secretary is directed to cause a copy of this ordinance to be posted on
election day at each polling place that would have been used in the election
and is further directed to notify the Tarrant County Election Department by
sending a copy of this ordinance,
Ordinance 0-07-1615
Page 2 of 2
Sec. 3,
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
2007.
day of
The second reading and public hearing being conducted on the
2007,
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C,G, Boyle
City Attorney
CITY OF COLLEYVILLE, TEXAS
2007 GENERAL ELECTION
CERTIFICATION OF UNOPPOSED STATUS
1, On February 6, 2007, the City of Colleyville City Council passed Resolution R-07-2809
calling an election to be held on May 12,2007, for the purpose of electing a Mayor and
Councilmembers to Places land 2,
2, As set forth in and in accordance with Section 143,007 of the Texas Election Code (the
"Code"), persons desiring to have their name placed on the election ballot were required
to file with the City Secretary, the person's sworn application not later than 5:00 p,m. on
March 12, 2007, During that period of time, the only applications for a place on the
ballot filed with the City were from the following persons:
David Kelly
Carol Wollin
Tony Licata
Mayor
Council member, Place 1
Councilmember, Place 2
3, In addition to persons desiring to have their name placed on the ballot, persons desiring to
declare themselves as a write-in candidate were required to file with the City Secretary a
declaration of such candidacy on or before 5:00 p.m. on March 19, 2007, No such
declarations were filed,
4. The purpose of the election being to elect three (3) persons to the office of City Council,
Mayor and CounciImembers Places 1 and 2, and there being only one candidate for each
of the three Places open for election, only one (1) candidate's name would be placed on
the ballot for each ofthe three available offices.
5, No proposition is to appear on the May 12,2007, election ballot.
THEREFORE, pursuant to the above and in accordance with Section 2.052 of the Texas
Election Code, I do hereby certify to the City of Colleyville City Council that the following
persons are unopposed for election to the office of City ofColleyviIle City Council:
David Kelly
Carol Wollin
Tony Licata
Mayor
Councilmember, Place 1
Council member, Place 2
SIGNED this the 20th day of March 2007, at /.... 00 p,m.
~~!
cere
ll's.;;l"-
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number: 0-07-1616
File Number: 0-07-1616
File Type: Ordinance
Status: First Reading
Version:
Agenda Date: 04/03/2007
Agenda No.: 6a
Controlling Body: City Council
Final Action:
Requester: Office of the City
Secretary
File Name: Approval to amend and replace Ordinance 0-90-797 providing for the Records Management
Program
Attachments: Ordinance 0-90-797.pdf. Ordinance 0-07-1616.pdf
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 04/03/2007 City Council
Title
Approval to amend and replace Ordinance 0-90-797 providing for the Records
Management Program
Explanation
First Reading and Public Hearing
During the March 20, 2007 Pre Council meeting, information was provided regarding the
proposed Records Management Ordinance,
On December 4, 1990, City Council approved Ordinance 0-90-797, establishing a Records
Management Program and designating the City Secretary as the Records Management
Officer for the City, The City Secretary developed records management procedures to
provide efficient, economical and effective controls over the creation, organization,
distribution, maintenance and disposition of municipal records as prescribed by state law.
Since 1990, the records management program has been enhanced.
In 2000, the City created a Records Coordinator position in the Office of the City Secretary
for the purpose of managing the records program, The City also implemented the
Laserfiche document imaging system, which stores and manages documents electronically
and provides quick retrieval of thousands of documents via the City's web site by citizens
and staff. Each department conducted a records audit of all paper documents stored on
and off-site and confirmed the inventory and retention period, The document imaging
system and the records audit creates the administrative framework for establishing
electronic documents as the City's permanent records, Electronic records prevent lost
records, saves storage space and cost, manages records efficiently and the retrieval system
makes locating documents fast and easy.
City of Colleyville
Page 1
Printed on 3/28/2007
Agenda Briefing Continued (0-07-1616)
Staff proposes to replace Ordinance 0-90-797 to facilitate internal administrative and
procedural changes as may be required by the Texas Public Information Act and the Texas
State Library and Archives Commission to manage municipal records and meet the
requirements for designating electronic documents as permanent records,
The proposed ordinance has been reviewed by the City Attorney,
Financial Impact
It has been determined that there is no financial impact.
Recommendation
Approval
City of Colleyville
Page 2
Printed on 3/28/2007
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ORDINANCE 0-90-797
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AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION
OF A RECORDS MANAGEMENT PROGRAM FOR THE CITY OF COLLEYVILLE,
TEXAS; PROVIDING FOR THE DEFINITION OF MUNICIPAL RECORDS;
PROVIDING FOR ADDITIONAL DEFINITIONS FOR RECORDS MANAGEMENT
PROGRAM; PROVIDING FOR OWNERSHIP OF MUNICIPAL RECORDS; PROVIDING
FOR POLICY FOR RECORDS MANAGEMENT PROGRAM; PROVIDING FOR
DESIGNATION OF RECORDS MANAGEMENT OFFICER; PROVIDING
ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE AND DUTIES;
PROVIDING FOR RECORDS MANAGEMENT PLAN TO BE DEVELOPED, APPROVAL
OF PLAN, AUTHORITY OF PLAN; PROVIDING FOR DUTIES OF RECORDS
MANAGEMENT OFFICER; PROVIDING FOR DUTIES AND RESPONSIBILITIES
OF DEPARTMENT HEADS; PROVIDING FOR DESIGNATION OF RECORDS
LIAISON OFFICERS; PROVIDING FOR DUTIES AND RESPONSIBILITIES
OF RECORDS LIAISON OFFICERS; PROVIDING FOR RECORDS CONTROL
SCHEDULES TO BE DEVELOPED, APPROVAL, FILING WITH STATE;
PROVIDING FOR IMPLEMENTATION OF RECORDS CONTROL SCHEDULES,
DESTRUCTION OF RECORDS UNDER SCHEDULE; PROVIDING FOR
DESTRUCTION OF UNSCHEDULED RECORDS; PROVIDING FOR A RECORDS
CENTER; PROVIDING FOR MICROGRAPHICS; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR
THE SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Title 6, Subtitle C, Local Government Code (Local
Government Records Act) provides that a Municipality
must establish by Ordinance an active and continuing
Records Management Program to be administered by
a Records Management Officer; and
WHEREAS, the City of Colleyville desires to adopt an Ordinance
for that purpose and to prescribe policies and
procedures consistent with the Local Government
Records Act and in the interests of cost-effective
and efficient recordkeeping;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
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Sec. 1. DEFINITION OF MUNICIPALITY RECORDS. All documents,
papers, letters, books, maps, photographs, sound
or video recordings, microfilm, magnetic tape,
electronic media, or other information recording
media, regardless of physical form or characteristic
and regardless of whether public access to it is
open or restricted under the laws of the State, created
or received by the City of Colleyville or any of
its officers or employees pursuant to law or in the
transaction of public business are hereby declared
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ORDINANCE 0-90-797
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Sec. 2.
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to be the records of the City of Colleyville and
shall be created, maintained, and disposed of in
accordance with the provisions of this Ordinance
or procedures authorized by it and in no other manner.
ADDITIONAL DEFINITIONS.
(1) "Department Head" means the officer who by
ordinance, order, or administrative policy is in
charge of an office of the City of Colleyville that
creates or receives records.
(2) "Essential record" means any record of the City
of Colleyville necessary to the resumption or
continuation of operations of the City of Colleyville
in an emergency or disaster, to the recreation of
the legal and financial status of the City of
Colleyville, or to the protection and fulfillment
of obligations to the people of the State.
(3) "Permanent record" means any record of the City
of Colleyville for which the retention period on
a records control schedule is given as permanent.
(4) "Records control schedule" means a document
prepared by or under the authority of the Records
Management Officer listing the records maintained
by the City of Colleyville, their retention periods,
and other records disposition information that the
records management program may require.
(5) "Records management" means the application of
management techniques to the creation, use,
maintenance, retention, preservation, and disposal
of records for the purpose of reducing the costs
and improving the efficiency of recordkeeping. The
term includes the development of records control
schedules, the management of filing and information
retrieval systems, the protection of essential and
permanent records, the economical and space-effective
storage of inactive records, control over the creation
and distribution of forms, reports, and correspondence,
and the management of micrographics and electronic
and other records storage systems.
(6) "Records liaison officers" means the persons
designated under Section 10 of this Ordinance.
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Ordinance 0-90-797
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(7) "Records management committee" means the committee
established in Section 6 of this Ordinance.
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(8) "Records management officer" means the person
designated in Section 5 of this Ordinance.
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(9) "Records management plan" means the plan developed
under Section 7 of this Ordinance.
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(10) "Retention period" means the plan developed
under Section 7 of this Ordinance.
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Sec. 3. MUNICIPALITY RECORDS DECLARED PUBLIC PROPERTY. All
Municipali ty records as defined in Section 1 of this
Ordinance are hereby declared to be the property
of the City of Colleyville. No Municipality official
or employee has, by virtue of his or her position,
any personal or property right to such records even
though he or she may have developed or compiled them.
The unauthorized destruction, removal from files,
or use of such records is prohibited.
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Sec. 4. POLICY. It is hereby declared to be the policy of
the City of Colleyville to provide for efficient,
economical, and effective controls over the creation,
distribution, organization, maintenance, use, and
disposition of all Municipality records through a
comprehensive system of integrated procedures for
the management of records from their creation to
their ultimate disposition, consistent with the
requirements of the Texas Local Government Records
Act and accepted records management practice.
Sec. 5. DES IGNATION OF RECORDS MANAGEMENT OFFICER. The City
Secretary, and the successive holders of said office,
shall serve as Records Management Officer for the
Ci ty of Colleyville. As provided by State law, each
successive holder of the office shall file his or
her name with the director and librarian of the Texas
State Library within thirty days of the initial
designation or of taking up the office, as applicable.
Sec. 6. ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE; DUTIES.
A Records Management Committee consisting of the
Ci ty Manager, Records Management Officer,
Administrative Assistant, Deputy Finance Director,
and Assistant City Manager is hereby established.
The committee shall:
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ORDINANCE 0-90-797
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Sec. 7.
(a) assist the Records Management Officer in
the development of policies and procedures governing
the Records Management Program;
(b) review the performance of the program on
a regular basis and propose changes and improvements
if needed;
(c) review and approve records control schedules
submitted by the Records Management Officer;
(d) give final approval to the destruction
of records in accordance wtih approved records control
schedules; and
(e) actively support and promote the records
management program throughout the City of Colleyville.
RECORDS
OF PLAN;
MANAGEMENT PLAN TO
AUTHORITY OF PLAN.
BE
DEVELOPED;
APPROVAL
(a) The Records Management Officer and the
Records Management Committee shall develop a records
management plan for the City of Colleyville for
submission to the City Council. The plan must contain
policies and procedures designed to reduce costs
and improve the efficiency of recordkeeping, to
adequately protect the essential records of the
Municipali ty , and to properly preserve those records
of the Municipality that are of historical value.
The plan must be designed to enable the Records
Management Officer to carry out his or her duties
prescribed by State law and this Ordinance effectively.
(b) Once approved the City Council the records
management plan shall be binding on all offices,
departments, divisions, programs, commissions, bureaus,
boards, committees, or similar entities of the City
of Colleyville and records shall be created,
maintained, stored, microfilmed.
(c) State law relating to the duties, other
responsibilities, or recordkeeping requirements of
a Department Head do not exempt the Department Head
or the records in the Department Head's care from
the application of this Ordinance and the records
management plan adopted under it and may not be used
by the Department Head as a basis for refusal to
participate in the records management program of
the City of Colleyville.
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ORDINANCE 0-90-797
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DUTIES OF RECORDS MANAGEMENT OFFICER. In addition
to other duties assigned in this Ordinance, the Records
Management Officer shall:
(1) administer the records management program
and provide assistance to Department Heads in its
implementation;
(2)
disposition
procedures;
plan, formulate, and
policies, systems,
prescribe records
standards, and
(3) in cooperation with Department Heads
identify essential records and establish a disaster
plan for each Municipality office and department
to ensure maximum availability of the records in
order to re-establish operations quickly and with
minimum disruption and expense;
(4) develop procedures to ensure the permanent
preservation of the historically valuable records
of the City;
(5) establish standards for filing and storage
equipment and for recordkeeping supplies;
(6) study the feasibility of and, if appropriate,
establish a uniform filing system and a forms design
and control system for the City of Colleyville;
(7) provide records management advice and
assistance to all Municipality Departments by
preparation of a manual or manuals of procedure and
policy and by on-site consultation;
(8) monitor records retention schedules and
administrative rules issued by the Texas State Library
and Archives Commission to determine if the Records
Management. Program and the Municipality's records
control schedules are in compliance with State
regulation;
(9) disseminate to the Municipality and
Department Heads information concerning State laws
and administrative rules relating to local government
records;
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ORDINANCE 0-90-797
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Sec. 9.
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(10) instruct Records Liaison Officers and other
personnel in policies and procedures of the records
management plan and their duties in the records
management program;
(11) direct Records Liaison Officers or other
personnel in the conduct of records inventories in
preparation for the development of records control
schedules as required by State law and this Ordinance;
(12) ensure that the maintenance, preservation,
microfilming, destruction, or other disposition of
Municipali ty is carried out in accordance with the
policies and procedures of the records management
program and the requirements of State law;
(13) maintain records on the volume of records
destroyed under approved records control schedules,
the volume of records microfilmed or stored
electronically, and the estimated cost and space
savings as the result of such disposal or disposition;
(14) report annually to the City Council on
the implementation of the records management plan
in each Department of the City of Colleyville,
including summaries of the statistical and fiscal
data compiled under Subsection (13); and
(15) bring to the attention of the City Council
non-compliance by Department Heads or other
Municipality personnel with 'the policies and procedures
of the records management program or the Local
Government Records Act.
DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS.
in addition to other duties assigned in this Ordinance,
Department Heads shall:
(1) cooperate with the Records Management Officer
in carrying out the policies and procedures established
in the City of Colleyville for the efficient and
economical management of records and in carrying
out
(2) adequately document the transaction of
government business and the services, programs, and
duties for which the Department Head' and his or her
staff are responsible; and
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ORDINANCE 0-90-797
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(3) maintain the records in his or her care
and carry out their preservation, microfiched,
destruction, or other disposition only in accordance
with the policies and procedures of the records
management program of the City of Colleyville and
the requirements of this Ordinance.
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Sec. 10. DESIGNATION OF RECORDS LIAISON OFFICERS. Each
Department Head shall designate a member of his or
her staff to serve as Records Liaison Officer for
the implementation of the records management program
in the Department. If the Records Management Officer
determines that is in the best interests of the Records
Management Program more than one Records Liaison
Officer should be designated for a Department, the
Department Head shall designate the number of Records
Liaison Officers specified by the Records Management
Officer. Persons designated as Records Liaison
Officers shall be thoroughly familiar with all records
created and maintained by the Department and shall
have full access to all records of the City of
Colleyville maintained by the Department. In the
event of the resignation, retirement, dismissal,
or removal by action of the Department Head of a
person designated as a Records Liaison Officer, the
Department Head shall promptly designate another
person to fill the vacancy. A Department Head may
serve as Records Liaison Officer for his or her
department.
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Sec. 11. DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON
OFFICERS. In addition to other duties assigned in
this Ordinance, Records Liaison Officer shall:
(a) conduct or supervise the conduct of
inventories of the records of the Department in
preparation for the develop of records control
schedules;
(b) in cooperation with the Records Management
Officer coordinate and implement the policies and
procedures of the Records Management Program in their
Department; and
(c) disseminate information to Department staff
concerning the Records Management Program.
Sec. 12. RECORDS CONTROL SCHEDULES TO BE DEVELOPED;
FILING WITH STATE.
APPROVAL;
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ORDINANCE 0-90-797
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(a) The Records Management Officer, in
cooperation with Department Heads and Records Liaison
Officers, shall prepare records control schedules
on a Department by department basis listing all records
created or received by the Department and the retention
period for each record. Records control schedules
shall also contain such other information regarding
the disposition of Municipality records as the records
management plan may require.
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(b) Each records control schedule shall be
monitored and amended as needed by the Records
Management Officer on a regular basis to ensure that
it is in compliance with records retention schedules
issued by the State and that it continues to reflect
the recordkeeping procedures and needs of the
Department and the Records Management Program of
the City of Colleyville.
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(c) Before its adoption a
schedule or amended schedule for a
be approved by the Department Head
of the Records Management Committee.
records control
Department must
and the members
(d) Before its adoption a records control
schedule must be submitted to and accepted for filing
by the director and librarian as provided by State
law. I f a schedule is not accepted for filing, the
schedule shall be amended to make it acceptable for
filing. The Records Management Officer shall submit
the records control schedules to the director and
librarian.
Sec. 13. IMPLEMENTATION OF RECORDS CONTROL
DESTRUCTION OF RECORDS UNDER SCHEDULE.
SCHEDULES;
(a) A records control schedule for A Department
that has been approved and adopted under Section
7 shall be implemented by Department Heads and Records
Liaison Officers according to the policies and
procedures of the Records Management Plan.
(b) A record whose retention period has expired
on a records control schedule shall be destroyed
unless an open records request is pending on the
record, the subject matter of the record is pertinent
to a pending law suit, or the Department Head requests
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ORDINANCE 0-90-797
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in writing to the Records Management Committee (or
the Records Management Officer if a Committee has
not been established) that the record be retained
for an additional period.
(c) Prior to the destruction of a record under
an approved records control schedule, authorization
for the destruction must be obtained by the Records
Management Officer from the Records Management
Committee.
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Sec. 14. DESTRUCTION OF UNSCHEDULED RECORDS. A record that
has not yet been listed on an approved records control
schedule may be destroyed if its destruction has
been approved in the same manner as a record destroyed
under an approved schedule and the Records Management
Officer has submitted to and received back from the
director and librarian an approved destruction
authorization request.
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Sec. 15. RECORDS CENTER. A records center, developed pursuant
to the plan required by Section 7, shall be under
the direct control and superv1s10n of the Records
Management Officer, Policies and procedures regulating
the operations and use of the records center shall
be contained in the Records Management Plan developed
under Section 7.
Sec. 16. MICROGRAPHICS. Unless a micrographics program in
a Department is specifically exempted by order of
the Municipality, all microfilming of records will
be centralized and under the direct supervision of
the Records Management Officer. The Records Management
Plan will establish policies and procedures for the
microfilming of Municipality records, including
policies to ensure that all microfilming is done
in accordance with standards and procedures for the
microfilming of local government records established
in rules of the Texas State Library and Archives
Commission. The plan will also establish criteria
for determining the eligibility of records for
microfilming and protocols for ensuring that a
microfilming program that is exempted from the
centralized operations is, nevertheless, subject
to periodic review by the Records Management Officer
as to cost-effectiveness, administrative efficiency,
and compliance with commission rules.
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ORDINANCE 0-90-797
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Sec. 17. REPEAL OF ORDINANCE IN CONFLICT.
in conflict herewith are hereby
to the extent of such conflict.
That all Ordinances
repealed, but only
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Sec. 18. SEVERABILITY OF THE PARTS. That the terms and
provision of the Ordinance shall be deemed to be
severable and that if the validity of any section,
subsection, sentence, clause or phrase of this
Ordinance should be declared to be invalid in any
Court of competent jurisdiction, the same shall not
affect the validity of any other section, subsection,
sentence, clause or phrase of this ordinance, which
remaining portions shall remain in full force and
effect.
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Sec. 19. EFFECTIVE DATE. This Ordinance shall be effective
from and after the date of its passage.
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AND IT IS SO ORDERED.
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The fi~t reading anq.. ,t. . bl.ic ~~aring being
,6f. ( day of -..!:L ,-z':--f, )"l'I'iLL, 1990.
Th1l0e:i?nd reading a~J p~l?li9 hearing being
. ( day of {L:h1Jhk , 1990.
.
The thi}jd reading aC[J ,public", hearing being
LIt/? day of C.< 1/111 ,};Lfly , 1990.
conducted on the
conducted on the
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conducted on the
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LaVada Johnson
City Secretary
CITY OF COLLEYVILLE
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Chris Hawkins
Mayor
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Z. ED AS TO FORM AND LEGALITY:
c-uJ--.,.
T}iV'C=>
Ross T. Foster
City Attorney
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ORDINANCE 07-1616
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS,
AMENDING IN ITS ENTIRETY AND REPLACING ORDINANCE 0-90-797;
AMENDING THE COLLEYVILLE CODE OF ORDINANCES, CHAPTER 2
ADMINISTRATION, ARTICLE III, RECORDS MANAGEMENT, ADOPTING RECORDS
CONTROL SCHEDULES IN COMPLIANCE WITH APPLICABLE REQUIREMENTS
ON RECORDS RETENTION SCHEDULES ISSUED BY THE TEXAS STATE
LIBRARY AND ARCHIVES COMMISSION PURSUANT TO SECTION 203.041,
LOCAL GOVERNMENT CODE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville adopted Ordinance 0-90-797 on December 4,
1990, that established the City's Records Management Program for the
orderly and efficient retention, retrieval and destruction of records of the
City of Colleyville; and
WHEREAS, the 74th Legislature enacted Senate Bill 366 that permits local
governments to file a written declaration that records control schedules
have been adopted that comply with the applicable requirements on
records retention schedules issued by the Texas State Library and
Archives Commission; and
WHEREAS, the City of Colleyville, in conformity with the Local Government Records
Act, desires to continue the efficient and economical management
program of all City of Colleyville records; and
WHEREAS, the City of Colleyville is authorized by law to adopt the provisions
contained herein, and has complied with all the prerequisites
necessary for the passage of this Ordinance; 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 purposes of this Ordinance are to promote the public health, safety,
and general welfare of the citizens of the City of Colleyville,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
See, 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.
Sec, 3.
Sec, 4,
Sec, 5,
Sec, 6,
Ordinance 0-07-1616
Page 2 of 2
THAT Chapter 2 Administration, Article III, Records Management,
Section 2-87, "Records retention schedule," is hereby amended in its
entirety and replaced to read as follows:
"Records retention schedule: A document issued by the commission
under authority of Subchapter C, Chapter 203, Local Government Code,
establishing applicable retention periods for City records."
THAT the City of Colleyville hereby adopts the records retention
schedules that comply with the applicable requirements on records
retention schedules issued by the Texas State Library and Archives
Commission,
THAT upon adoption of this Ordinance, the City Secretary/Records
Management Officer is directed to file with the director and librarian the
Declaration of Compliance with the Records Scheduling Requirement of
the Local Government Records Act pursuant to Subchapter 203,041
(a)(2), Local Government Code,
THAT if any section, article, paragraph, sentence, clause, phrase or
word in this Ordinance, or application thereto any person or
circumstances is held invalid or unconstitutional by a Court of competent
jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance; and the City Council hereby declares it would
have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
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
2007,
day of
The second reading and public hearing being conducted on the
2007,
day of
Ordinance 0-07-1616
Page 3 of 3
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C, G. Boyle
City Attorney
e
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1 000
www.colleyville.com
File Number: R-07 -2824
File Number: R-07 -2824
File Type: Resolution
Status: Resolution
Controlling Body: City Council
Version:
Agenda Date: 04/03/2007
Agenda No.: 7a
Final Action:
Requester: Office of the City
Secretary
File Name: Consideration of appointments to the Celebrate Colleyville Steering Committee
Attachments: Celebrate Colleyville Steering Committee roster.pdf. Celebrate Colleyville Steering
Committee Minutes - March 28 2007,pdf. Celebrate Colleyville Steering Committee
Applications.pdf. Resolution R-07-2824.pdf
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 04/03/2007 City Council
Title
Consideration of appointments to the Celebrate Colleyville Steering Committee
Explanation
Reading and Public Hearing
There are three openings on the Celebrate Colleyville Steering Committee, Two members
resigned with terms expiring December 2007 and December 2008. The Committee
recommends the removal of a member who has not attended a committee meeting since
December 2005 and whose term expires December 2007.
The positions were advertised and three applications were received from Jennifer
Patterson, Jason Williams and Ret Stansberger, Interviews with the applicants for Council
will be scheduled prior to the Council meeting on April 3, 2007.
Financial Impact
It has been determined that there is no financial impact.
Recommendation
Approval
City of Colleyville
Page 1
Printed on 3/29/2007
Celebrate Colleyville Steering Committee
VACANT
VACANT
TERM: - December 2007
TERM: - December 2008
Pete Challinor
3403 Queensbury Way
Colleyville, TX 76034
W: 817,291.9911
H: 817,291,9911
petechall inor@sbcQlobal.net
TERM: September 2006 - December 2007
Jerome Davis
1704 Avalon
Colleyville, TX 76034
H: 817.571,2153
TERM: September 2006 - December 2007
Stanley Hall
6100 Hillbrook Drive
Colleyville, TX 76034
W: 214,502,6589
H: 817.488,2996
shall10593@hotmail.com
TERM: April 2005 - December 2007
Allison Hinman *
700 East Ash Lane, Apt. 3205
Euless, TX 76039
H: 682,365,9492
hinmanallison@yahoo.com
TERM: May 2005 - December 2007
Larry Johnson
3408 Langley Hill Lane
Colleyville, TX 76034
W: 817,835,0111
H: 817.858.0552
Lbirs@msn.com
TERM: December 2006 - 2008
Michael Muhm
6607 Connie Lane
Colleyville, TX 76034
W: 817,329,3202
H: 817,329,3202
F: 817.488.8829
mtmuhm@comcast.net
TERM: April 2005 - December 2007
*The Celebrate Colleyville Steering Committee recommends removal of this member.
Revised 12-20-06
Richard Myers
99 Main Street, Suite 200
Colleyville, TX 76034
W: 817.488.4200 x102
H: 817.428.4028
F: 817.424,2448
mvers@Realtvcaoital.com
TERM: April 2005 - December 2007
Carol Wollin
4600 Dartmoore Lane
Colleyville, TX 76034
H: 817,281.3058
cwollin@aol.com
TERM: December 2006 - 2008
Revised 11-20-06
Tom Westerman
308 Oak Valley
Colleyville, TX 76034
H: 817.485.0911
M: 817.300.0881
C0026011@airmail.net
TERM: - December 2008
COUNCIL LIAISON
Jon Ayers
4808 Meandering Way
Colleyville, TX 76034
W: 817,267.9009
H: 817.267.1630
F: 817.318,0663
M: 972,571,6647
aversi@ci.collewille.tx.us
DRAFT
Celebrate Colleyville Steering Committee
Committee Minutes
Wednesday, March 28, 2007
I. Call to order and roll call
Meeting called to order at 4:03 p,m,
Present: Stan Hall, Carol Wollin, Jerome Davis, Patricia Cree (for Richard
Myers), Tom Westerman, Pete Challinor
Absent: Allison Hinman, Michael Muhm
Staff Present: Stephen Seidel, Kelly Cooper, and Mona Gandy
Guests: Katie Lewis, Lindsay Jackson, and Jennifer Patterson
II. Approval of Minutes: January 24, 2007
Stan motioned to approve the updated Minutes distributed at the meeting.
Jerome seconded the motion, Motion was approved.
III. Celebrate Colleyville Committee
1. Potential New Members
Jennifer Patterson has filled out an application to be considered by
City Council. She attended the March 28 meeting as a guest.
2, Officer Update and Discussion
Carol ran unopposed for City Council, but will not take office until
late May/early June, She can not serve as Committee Chair, but
may be able to serve as a Council Liaison, dependent upon the City
Council appointing her to serve in that capacity, Carol suggested
that the Committee begin to think about new officers and address
the issue at the next meeting,
3, Discussion on Number of Committee Members
There are no official Committee by-laws, The Committee discussed
the mechanism to trigger a quorum, Stan motioned that a quorum
for Celebrate Colleyville consists of the presence of the majority of
appointed places, The motion was seconded by Jerome, Motion
was approved,
Allison Hinman's presence on the Committee was again discussed,
Carol Wollin informed the Committee that she had notified the City
Secretary recommending Allison Hinman's removal from the
Committee due to lack of response and activity for over a year, The
DRAFT
Committee again discussed that Allison has not responded to
continual phone calls and emails by both staff and Committee
members. Additionally, she has not attended a meeting for over a
year, The Committee raised no objections to Allison's removal from
the Committee, and supported Carol's recommendation.
IV, 2007 Preliminary Budget
The Committee reviewed the preliminary FY07 event budget of $44,345.
Jennifer is going to check on Radio Disney, climbing wall, stage and sound,
slides, inflatables, and tables and chairs costs, She may be able to reduce those
prices,
V, Discussion of changes in funding request
A. Dedicated CCV fund for monies generated via sponsorships and vendors,
Mona presented a memo to the Committee and Carol read the memo aloud to
the Committee for their thoughts, No changes were made to the memo. Pete
made a motion to accept the "Funding Change Request Memo", Tom seconded
the motion, The motion was approved,
VI. 2007 Celebrate Colleyville
A. New Activity Options
1, Snow Slide - Mona has been contacted by a snow slide vendor,
Pictures were passed out to the Committee that showed what type
of snow slide might be available. There is also the possibility of an
ice rink, The preliminary price for a snow slide is $10-12K,
Committee gave direction to staff to continue working on the slide
option,
2, Excitement Technologies: Multimedia and/or fireworks
Combines technology/multimedia with firework display at events,
The preliminary cost estimate is $10-15K, However, there is the
possibility of sponsorships being displayed in the show program,
Mona will continue to check into this possibility,
B. Site Layout
1, Stage Location - Committee will review this at a later date,
C, Tree Lighting
1, IlIuminart Proposal - Staff has not heard back from the vendor
regarding this item, IlIuminart originally approached staff regarding the
Committee's interest in purchasing a 25 foot tree, Staff will continue to
pursue this item.
DRAFT
0, Review of Updated Vendor Materials
Committee reviewed the updated vendor forms. The Committee wants to add
that "all tents must be secured without the use of stakes" to the vendor forms,
The Committee deleted the word "No food sales" from the "Food Vendor
Form" section 10, bullet point two,
E. Discussion of Reserving Props
The Committee discussed reserving props this summer to ensure that
decorations are available, The Lion's Club would like to use the red sleigh
again, The Committee would also like to reserve the entrance archway,
nutcrackers, and train signs, The Committee is not going to use the penguins
or presents, The use of the evergreen trees really added to the event and
would like to use them again.
F, Development of Work Plan and Committee Assignments for 2007 Event
The Committee reviewed a preliminary work plan, The Committee will review
it again at the May meeting and make appropriate assignments, The
Committee will meet in June if additional planning is needed.
VII. Future Meeting Dates
May 23, 2007 at 4:00 p.m,
August 22, 2007 at 4:00 p.m,
VIII. Citizen Comments
None
IX, Adjournment
Tom made a motion to adjourn, Stan seconded the motion. Meeting adjourned at
5:04 p,m.
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Application for Appointment CITY OF COLLEYVI LLE
Planning and Zoning Commission and Zoning Board of Adjustment applicants are requ
Disclosure and Business Conflict of Interest forms two (2) business days after the application deadline as
advertised in the Public Notice. These forms are available on the City's website at
httD://www.coUevville.comlfileslFinancial%20DiscIosure%20f0nn.Ddf or by contacting the City Secretary at
817,503.1130,
Ms. --r-
~me: I?l#/l!rstJn VfMAr /J- _
Address: S~~/lli('r- ~~:i~j'~l1' Iq, ,if I) 7~ 03~
Home Telephoneg/1- 57/)- ?(/ZO Work Telephone: 8; 7 - ~~ -~3
By providing your e-mail address In the apace below, you are consenting to the release
of your personal e-mail address by the City. C.t-Lt - 97;;( - -; L/ / ~ 9 /~ 7>
E-mail Address:{J.-r:.Co )1/J
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Signature:
Once the
you must
Date: ,~I o-?//O r
ity Counci as filled a position, your application will be removed from the file and
future openings.
This Infonnatlon will become a Public Record.
City SecnmllY, 100 lIaln StrHt, Co/leyvllle, Texas 78034, Phone: 817.503.1130 Fax: 817.503.1139
t'lAR-7 - 2007 1 (1 : 29P. FR.OM: DBLI- COLLEYlJ I LL...E
214-333-5891
TO: 817503::'139
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Application for Appointment
Planning IW'ld Zoning COmmllalon end Zoning Boercl of AdJuttment sppllcents are l'8ql.llred to file Financial
Ollcloture and BUlin... ConftlCt of Interest form. two (2) busln... days afte, the application deadline sa
advertised In the Ft~llc Notice These fctms are available on the City's webaita at
httD://www.colllwllle.convmeslFln8nCIII%200IScIOIUII%2Cforrn.Ddf or by contacting the City Secretary at
817,503,1130,
Ms.
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Addre8s: S~(( rpi~e Blud ~~:~J..I..(O C!clt~'(II,,'l(e(7~ 7/.s,034
Home Telephone: It 7" d. 7 4 - tf"1 t 7 Work Telephone: a. ('-l - 33 ~ ~, t''1 0
By providing your .~m.lI.dd..... In the eplce below, you are consenting to the relll"
01 your peNonl' ~.II.ddre.. by the City,
E-mail Addre8l: JayOAw(f) citcJ. eov Fax: 8.(4.-3'35- ,jX((
_Board, Commission or Committee Appointment Desired: CeCebft\te C111~r(/1 .., Ie
Qualifications: (list $due.tlonal background or experience that would assist you In carrying
out the duties of this liPpointment)
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Reasons for Serving: (state briefly the contributions you can make to this appointment and
your reasons for wanting to serve on the Board. Commission. or Committee)
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Do you understaf,d that att~nce and active support Is required for each appointee?
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Signature:
Once the C CounCil nas filled a position, your application will be removed from the file and
you p,u&t apply fo~ future openings.
Thll Infonn.tlon will b.come I Public Record.
CIty Steret.1Y, 100"",'n StrHt, CoJI.yvlfle, rex.. 78034, Phone.' '11.503.1130 FIX; 817.503.1139
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Mar 26 07 01:32p
colle~ville chambe~
Application for Appointment
P!arming and Zoning Commission and Zoning Board of Adjustme'1t applicants are required to file Financial
Disclosure and Business Conflict of Interest forms two (:2) busmess days after the application deadline as
advertised in the Public Notice, These forms are available on the City's website at
http:/""'.....'W.col!ewi'l~ \1om/filesj"inancial%20~isclcsl,..re%20form,pdf 0:' by contacting the City Secretary at
817.503.1130.
:.I?e.t Sf urs her j e r
,. Name:
-----.--...{'Last) --1 --. (First) " -- '(iJI)
Address:. I 00 S t Ie ~,- /..t<. k..e C?O\.,L\ + ~. (D Ile,H() ; II-€. ? fe,o 31-
Home Telephone: fj{ 7::- 'f'l€- 'f6S-S- Work Telephone: .8.L1- Y 8 &- 71 '18
By providing your e-mail address in the space below, you are consenting to the release
of 'your pera.9nal e-mail address by the City.
E-mail Address:r(t@f.Qlk1-1illIc.cklJ beL~ F~x: ~ 11- 1/ 8 8~ L{ ::l ~ :2..-
. Boa~d, Commission or Committee AppoirTtme"t D~~,.: Ce.)e br'J..te ,._~oJkf--() ~j +;;._
Qualifications: (list educational background or experience that would assist you in carrying
out the duties of this appointment)
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'\:;pGU'O\ iLl'\A c:.-+i\'Cr t.:CHI~~_~~ ~~_A~:J:.u_~L______.____
Reasons for Serving: (state briefly the contributions you can make to this appointment and
your reasons for wanting to serve on the Board, Commission, or Committee)
'Tv r-~-[) 1~I.JiJe (1(.,\ c;.t w~) r K... t:.' f\ +A e.. (:.:~ef'\~~__ ____"
I Do you un~ers:and that attendan<:e ~nd.active ~. upport is. required for ea;h a~ointee? I
,_, ~ yes _ no. ----.J
Signature:J-f,:t ,0..;/a.-1<A--I...iCAtf-\_ Date: J-.,.2.t--.2 O{) 7
. .....
Once the City Council has filled a position, your application will be removed from the file and
YOll must reapply for future openings,
ThIs Information ~iIf become a Public Record.
CitySGCfttsry,l00Maln Street, Colleyvlile, Texas 76034, PhonG: 817.503.1130 Fax: 811,503.1139
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RESOLUTION R-07 -2824
A RESOLUTION APPOINTING MEMBERS TO THE CELEBRATE COLLEYVILLE
STEERING COMMITTEE TO FILL UNEXPIRED TERMS
WHEREAS, two (2) positions on the Celebrate Colleyville Steering Committee, with
terms expiring December 2007 and December 2008, have become vacant
due to resignations; and
WHEREAS, the Celebrate Colleyville Steering Committee recommends the removal of
one (1) member whose term expires December 2007; and
WHEREAS, three (3) applications were received,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec, 1,
THAT the following persons are hereby appointed to the Celebrate
Colleyville Steering Committee to serve an unexpired term of December
2007:
Sec. 2,
THAT the following person is hereby appointed to the Celebrate Colleyville
Steering Committee to serve an unexpired term of December 2008:
AND IT IS SO RESOLVED.
AYES,
DAY OF
NAYS AND
2007,
PASSED BY A VOTE OF
ABSTENTIONS ON THIS THE
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor
cee
'ft'x,,';"
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Version:
File Type: Report
Agenda Date: 04/03/2007
Agenda No.: 9
Status: Reports
Controlling Body: City Council
Final Action:
File Number:
Requester: Office of the City
Secretary
File Name: Reports - April 3, 2007
Attachments: Library Board Minutes - February 12, 2007 . Planning and Zoning Commission Minutes -
March 12, 2007
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 04/03/2007 City Council
Title
Library Board Minutes - February 12, 2007
Planning and Zoning Commission Minutes - March 12, 2007
City of Colleyville
Page 1
Printed on 3/27/2007
COLLEYVILLE PUBLIC LIBRARY
BOARD MINUTES
February 12, 2007
I. CALL TO ORDER - Chair Nancy Eytcheson called the meeting of the
Colleyville Public Library Board to order at 7:03 p,m,
ROLL CALL - Members present: Pat Jones, Karen Birkes, Nancy Eytcheson,
Susan Potter, Richard Roxburgh, Mary Alice Rippe and Carol Wollin
Alternates present: Nancy Bowen
Alternates absent: Dennis Healy
Ex-Officio Members Present: Ginny Tigue and Nancy Coplen
Ex-Officio Members absent: Mayor David Kelly, Steve Banta, Dr, Larry
Darlage and Ret Stansberger
Council Liaison Present: Tony Licata
Staff present: Mary Rodne
II. Approval of January 8, 2007 Minutes - A motion was made by Richard
Roxburgh and seconded by Karen Birkes to approve the January 8, 2007
minutes as presented, Motion approved unanimously.
III. LIBRARIAN'S REPORT
a, Monthly Statistics
Library Director Rodne distributed Colleyville Public Library January 2007
Usage Statistics, for review and discussion, Patrons had checked out a
total of 15,665 items, 127 Colleyville residents registered for library cards,
library patron visits totaled 7,472, attendance for programs totaled 300 and
volunteer hours totaled 235,25 hours, Rodne noted that the total
circulation of library materials this year was 16% 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 $1,825 in
donations in January, The donations included: a $500 grant from the
ExxonMobil Foundation Retiree Volunteer Program for the volunteer hours
of Rosemary and Tom Fitch, $150 from the Colleyville Garden Club for the
purchase of gardening books and magazines, $100 from Gerry and Marvin
Hairgrove for the purchase of children's books, $75 from the Robert Rippe
Family for the purchase of books in honor of two birthdays and $1,000 from
the Friends of the Library for the purchase of Texas history materials and
contemporary fiction as specified by the O'Regan Family Foundation, the
provider of the funding,
c, Programs
Director Rodne reported that the Youth Services Winter/Spring 2007
programs had started the week of January 22, 2007 and that most of the
programs were almost filled, It was noted that both story time sessions for
the one and two-year olds were filled and that there were enough children
on the waiting list to start a third session, Rodne added that Valentine's
Parties were being held in all the story times the week of February 12th,
and that several members of the Friends of the Library were providing
assistance during the parties, Rodne also reported that the Library had
launched two new monthly book discussion groups for adults and that both
had been well received,
Rodne announced that the Library had receive its new selfcheck system
and the new shelving purchased by the Friends of the Library,
IV. LIBRARY BOARD MEETING DATES 2007
Director Rodne distributed a revised schedule of 2007 Library Board Meeting
dates,
V. LIBRARY LONG- RANGE PLANNING UPDATE
Director Rodne presented an overview of the first draft long-range planning
document and Chair Nancy Eytcheson requested that the Board review and
thoroughly discuss each goal, objective and action step, Discussion ensued,
It was noted that suggested changes would be incorporated in the second
draft of the document and presented for review and discussion at the March 5,
2007 Library Board meeting.
VI. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT
President Mary Alice Rippe reported that the Friends of the Library would be
sponsoring a program featuring Texas Gardening with Master Gardner Ben
Oefinger in the Library on February 15, 2007, Rippe also noted that a brief
general meeting would be held prior to the program, President Rippe added
that the Friends of the Library would be sponsoring a travel program on April
12, 2007 in the Library and that the Friends would also be recognizing Library
volunteers.
VII. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT
President Ginny Tigue reported that the Library Foundation donation mailer
had been successful and that donations totaled around $30,000, Tigue added
that the Foundation would be presenting a check to the Library for $23,000 at
the February 20, 2007, City Council meeting, Tigue also noted that the next
Foundation meeting was scheduled to be held on February 26, 2007 and that
fundraising options for 2007 were going to be discussed,
VIII. NEXT MEETING DATE
Chair Nancy Eytcheson noted that the next Library Board meeting was
scheduled on March 5, 2007,
IX. SUGGESTED ITEMS FOR FUTURE MEETINGS
None
X. CITIZEN COMMENTS
None
XI. ADJOURN: A motion was made by Pat Jones and seconded by Susan Potter
to adjourn the meeting, Motion approved, The meeting of the Colleyville
Public Library Board was adjourned at 8:55 p.m,
/f~~: ':'\.~
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City of Colleyville
Minutes - Final
Planning and Zoning Commission
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Monday, March 12, 2007
7:00 PM
City Council Chambers
6:15 P.M. - PRE-COMMISSION WORKSHOP
EXECUTNECONFERENCEROOM
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 Duffy on March 12, 2007 at 7:00 p.m.
2. ROLL CALL
Present: Commissioners Robert McCormick, Dave Dudziak, Scott
Redfearn, Mary Taylor and Denis Duffy
Absent: Commissioners Jeff Byerly and David Phelps
Staff Present: Chris Fuller, Project Engineer Jeremy Hutt, Fire Marshal
Rob McKeown and Amy Shelley
3. INVOCATION
The invocation was given by Commissioner Dudziak.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Duffy stated he would like the Recording Secretary to
insert Mr. Haddad's comments and outburst in item 9b of the February
26, 2007 minutes.
Commissioner Dudziak moved to approve the February 26, 2007
meeting minutes as amended by Commissioner Duffy. Commissioner
Taylor seconded.
City of Colleyville
Page 1
Printed on 3/27/2007
Planning and Zoning Commission
Minutes - Final
March 12, 2007
The motion carried by the following vote:
Aye: 5 - McCormick, Dudziak, Redfearn, Taylor, Duffy
Absent: 2 - Phelps, Byerly
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. REGULAR AGENDA ITEMS
7a Approval of a Minor plat for 1.6 acres in the S. Witten Survey being Lot
1, Block 1 of the Hernandez Addition located at 5205 Montclair Drive,
Case P-07-016
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Redfearn moved
Commissioner Taylor seconded.
The motion carried by the following vote:
to
approve
case
P-07 -016,
Aye: 5 - McCormick, Dudziak, Redfearn, Taylor, Duffy
Absent: 2 - Phelps, Byerly
8. PUBLIC HEARING AGENDA ITEMS
8a Approval of a Replat of Lot 2AR1, Block 3 of the Westcoat Place
Addition being Lots 2AR, 3, 4 and a portion of Lot 7, Block 3 of the
Westcoat Place Addition located at 6104-6108 L.D, Lockett Road, Case
P-07 -002
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Duffy questioned staff regarding why the dates on the
Development Review Committee are different from the current dates?
Chris Fuller replied this case was previously scheduled for January 4th.
He stated the Planning and Zoning Commission vote will be the final
vote, this plat will not have to go to City Council for approval.
Commissioner Duffy questioned staff if the application is complete for
tonight's hearing? Chris Fuller replied yes,
Commissioner Duffy opened the public hearing at 7:05 p,m,
Dan Whiffen, Symphony Properties, representing the applicant, came
forward to answer questions.
There being no one wishing to speak, the public hearing was closed at
7:06 p.m.
City of Colleyville
Page 2
Printed on 3/27/2007
Planning and Zoning Commission
Minutes - Final
March 12, 2007
Commissioner Taylor moved to approve case P-07-002.
McCormick seconded,
The motion carried by the following vote:
Commissioner
Aye: 5 - McCormick, Dudziak, Redfearn, Taylor, Duffy
Absent: 2 - Phelps, Byerly
9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
Chris Fuller thanked Commissioner McCormick for his tenure as a
Planning and Zoning Commissioner.
10. COMMISSIONERS' COMMENTS AND REPORTS
The Commissioners thanked Commissioner McCormick as well for his
service as a Planning and Zoning Commissioner,
11. ADJOURNMENT
The meeting adjourned at 7:06 p.m,
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Thursday, March 8, 2007 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
Minutes approved on March 26,2007,
City of Colleyville
Page 3
Printed on 3/27/2007
RESOLUTION R-07 -2825
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
APRIL 3, 2007
WHEREAS, Council has taken action on certain items on the agenda under Business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec, 1,
THAT the agenda decisions approved by Council action under Business this
date and not otherwise adopted by Ordinance and/or separate Resolution as
follows are hereby adopted:
a, THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES,
ON THIS THE DAY OF
NAYS AND
2007,
ABSTENTIONS
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC
City Secretary
David Kelly
Mayor