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Home My WebLink AboutCity Council-Agenda Packets-4/17/2007 City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1 000 www.colleyville.com Tuesday, April 17 , 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the date and time for Councilmember and City Council portraits PC-2 Keep Colleyville Beautiful update and presentation by Roger Nelson, Chairman, Keep Colleyville Beautiful PC-3 Presentation and discussion of proposed refuse and recycling franchise agreement PC-4 Presentation of the Monthly Financial Report - March 2007 PC-5 Discussion of the April 17, 2007, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of litigation - Charleda Jean Elliott v. John Smith, Wildwood Suites Property Management, Inc., Ian Robert Smith, Montclair Pare Homeowners Association, Inc., Montclair Pare, 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 4/12/2007 City Council Agenda April 17 , 2007 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Ricky Texada, Covenant 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 -2826 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation Keep America Beautiful's Great American Cleanup and Arbor Day in Colleyville - Roger Nelson, Chairman, Keep Colleyville Beautiful, John and Charna Gray, Clean Sweep Co-Chairs Presentation City of Colleyville - American Water Works Association Texas Water Conservation and Reuse Award - Ken Tywater, Utility Superintendent 4. CONSENT: READING AND PUBLIC HEARING - R-07-2827 4a Approval of the minutes of the regular City Council meeting of April 3, 2007 4b Approval of a bid award for central control irrigation system flow sensor installation to Whitmore and Sons, Inc., in an amount not to exceed $102,712.50, and authorize the City Manager to execute the contract 4c Approval of a construction contract with JLB Contracting, LP, for Pleasant Run Road Paving and Drainage Improvements in the amount of $285,399.47, and authorize the City Manager to execute the contract 4d Approval of a construction contract with Reynolds Asphalt & Construction Co., for Shelton Drive Paving and Drainage Improvements, in an amount not to exceed $235,806.23, and authorize the City Manager to execute the contract City of Colleyville Page 2 Printed on 4/12/2007 City Council Agenda April 17, 2007 4e Approval of an amendment to an Economic Development Incentive and Sale Agreement, and authorize the City Manager to execute the agreement 4f Approval of the Final plat for The Reserve at Colleyville being 82.1 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-06-019 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07 -1616 Approval to amend and replace Ordinance 0-90-797 providing for the Records Management Program 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07 -1617 Approval for a Special Use Permit for alcohol sales on a portion of Lot 4, Block 1 of the Glade Points Addition located at 3930 Glade Road, Suite 126, Case Z-07-010 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07 -2828 Approval to amend Resolution R-00-1647, changing the day of the National Night Out event 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Tax Increment Financing District Board Minutes - February 6,2006 Sign Board of Appeals Minutes - May 9, 2006 Senior Center Advisory Committee Minutes - February 15, 2007 Library Board Minutes - March 5, 2007 Parks and Recreation Advisory Board Minutes - March 5, 2007 Zoning Board of Adjustments Minutes - March 13, 2007 Planning and Zoning Commission Minutes - March 26, 2007 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 17, 2007- Reading and Public Hearing - Resolution R-07-2829 City of Colleyville Page 3 Printed on 4/12/2007 City Council Agenda April 17 , 2007 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, ~7' b: 5:00 p.m.. Cynthia Singleton, TRMC, CM City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 4/12/2007 an Q)~e l{.~:.',.,. City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Version: 1 File Type: Pre Council Agenda Date: 04/17/2007 Agenda No.: PC-1 Status: Pre Council Controlling Body: City Council File Number: Requester: Office of the City Secretary File Name: Discussion of the date and time for Councilmember and City Council portraits Final Action: Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 04/17/2007 City Council Title Discussion of the date and time for Council member and City Council portraits Explanation In 2005, the City began the tradition of placing a portrait of the City Council in the foyer of City Hall and placing individual pictures of Councilmembers on the web site. Historically, the pictures were taken the day the Oath of Office was administered and prior to the Pre Council meeting. The Oath of Office will be administered at the May 15, 2007, City Council meeting. Staff recommends portraits be taken May 15, 2007, at 5:30 p.m., prior to the Pre Council meeting. City of Colleyville Page 1 Printed on 4/11/2007 Kee C o 11 e v i 11 a Our Mission is to enhance the environment of ~ y ., ~,~. Colleyville through involvement in litter eradication B ~~.~ and beautification projects. EAUT UPDATE BRIEFING COLLEYVILLE CITY COUNCIL APRIL 17, 2007 817-488-7148 6700 Colleyville Blvd •Colleyville, TX 76034 Tree City USA N C/~ ~--~ .--~ Q) CC3 ~ •~ ~ ~ ~ o ~ o ~ ~ ~' ~ ~ ~ O U W ~ o o ~ ~ ~ ~ ~~ ~a ~ a~~~ ~ ~ ~ ~ •~ ~ ~ ~ V ~ ~ O~ v ~ ~ ~ ~ 3 ~ ~ ~ ~ .,~ U W ~ U ~Tl ~ ~ v ,~ •~ I+1 ' '-, ~ c~ '~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '~ ~ UWP-,W~~/1~ c~ cc3 N .N b~Q O N O U N KEEP COLLEYVILLE BEAUTIFUL ADVISORY BOARD (8) Jane McKain Ginny Tigue Jamie Thibodeaux Betty Jean Wilbanks Raman Chandler Roger Nelson Ret Stansberger David Kelly EXECUTIVE DIRECTORS (25) Chairman Vice Chairman Exec. Sec./Treas. City Manager City Council IESI Garden Club Eagle Scouts Chamber Businesses Lions Club Rotary Club Women's Club Realtors Historical Natl. Charity League Boy Scouts Girl Scout GCISD/PTA Committee Chairs John Blassingame Candace Hutto Bill Lindley Rich Hendler Jay Gunter & Norm Bulaich Moira Brunken Chris Strittmatter Chris Strittmatter Rich Hendler John Gray Nancy Coplen Charna Logan-Gray Mary Jo Tellin Monica Walsh Kelly Howell Mona Gandy Stephen Seidel Matt McCombs Donna Kaufman Roger Nelson Jody Short 5/1/2007 -~ tCc fir"` ..,~ Noti-ember 9, 2ao6 ~E~ix R~,~~P1C ~~~.~`fI~il_. t~tC. Keep Colle~-~-ille Beautiful Rlr. Koger tirelsun, Keep Colle~-~~iIle Beautifi~l .~:~ag Dartmoore Lane C`olle«-ille, TK ;-6a;3:~ (~n behalf of Keep ~'~nerica Beautifi~l, thank you for submitting your ?ao6 Annual Report. The quality and integrit~° of the entire Keep <~merica Beautiful net~.ork of local affiliates is based on community actian and aceountabilih'. E~~en though local programs are adapted to meet the particular needs of a community, all programs must meet certain reporting requirements. In addition to completing your?iltnual Report, you lla~-e also fulfilled all accompanying requirements for good standing ~ti°hich include: maintaining an acti~~e Board/Ad~>isoi~~ Council, attending G hours of training in the last ho-el~-e months, remaining current ~~•ith your Network Service Fees and completing your ?oaG Semi Annual Report. Your affiliate will be recei~-ing a 2oob President's Circle Recognition A~i~ard. The awards will be gi~~en out at the National Conference in C)rlando December 6-g, and B=ill be sent out the follo~+-ing ~,-eek to those ~ti-inners not able to attend. ~~'e thank you again for completing your good standing requirements and far taking the time and ~,~ork-ing so hard to help keep our nets ork Strang. Reaal'c1S, J ~~ Becly Lyons Sr. Vice President, Training & Affiliate Ser~-ices KEEP COLLEYYILLE BEAUTIFUL GOLD STAR RECOGNITION ~~ 2006-2001 KEEP TE1tAS BEAUTIFUL -''~'' ~* A~~~~;:r~, 5~r~,tt ~Isi~ Bunter . ,~.-. 1, .,..... K~ r~ £~_~~a y ~, ,off ~` j ~` Ad~~t-~-~a,,,t ~~~~~ ~ i4iaynr,D$vid S De~b~e: i~ei1~ Re~t]~ Lal~ey~fr~ '~~K~3i:~ti~u1 ~.. -- - _ _ Fiu~~~~utt ~..~.. , ~..~:- _ Ke~~~ ~~~3i~~~lke ~~~ut~tul ~~~ ~~ £~~ ,` SGakt ~la~k ~~~~; ~~114+ ~riitG ~~~:~~44i;~1 Wil~an~~ F~mi~y: ~ ~_ ~ ,R ~f~a~ ~~11~~"2`i1le B~aut~iul ' e~ C~~t,~;~~~ie ~e~i;~E'rt-,~t;. On lone 28, 2006, Colleyville honored three neighborhoods that have received the Model Neighborhood designation from Keep Colleyville Beautiful. The Lakes of Somerset, Mill Creek, and Woodbriar Estates neighborhoods were the first recipients to be recognized as part of the of the new program. Mayor David Kelly, City Manager Bill Lindley, Chamber of Commerce President Ret Stansberger, and neighborhood representatives participated in unveiling the Model Neighborhood signs. Each neighborhood committed on an annual basis to the criteria set forth by the Model Neighborhood Committee. The criteria are as follows: 1. Pick up litter from streets and public areas monthly 2. Designate abeautification/landscape group or individual 3. Maintain all common grounds 4. Mark storm drains with approved markers 5. Review street lights and signage monthly 6. Participate in the Neighbors-on-Watch (N.O.W.) program coordinated by the Colleyville Police Department. For more information about the Model Neighborhoods program or Keep Colleyville Beautiful, visit the Neighborhood Partnership section of colleyville.com. Lakes of Somerset II Creek ., ~ ~ _~ RECOONITION lone Z8, Z006 Woodbriar Estates CLEAN SWEEP DON'T MESS WITH TEXAS ,.. ~ P ~E~' .,a5~~.~~ia~~'~~ab"~n ~yf 'C~~l, _.., - sc. .. _. CLEAN SWEEP DON'T MESS WITH TEXAS HISTORIC WEBB HOUSE Beautification and Property Management: Historic Webb House NeighborWoods 2007 Project Application Name Address Phone Email (optional) Type of Tree Desired: ^ Sweetgum: Colorful tree in Fall; star shaped leaves are signature element ^ Pecan: Nut producing ornamental tree; can grow to 50-100 feet tall ^ Red Dogwood: Red flowers in spring and reddish-purple leaves in fall ^ Star Magnolia: Produces fragrant white flowers; provides great shade ^ Chinese Pistache: Fast growing; red, yellow, and orange fall colors ^ Green Ash: Hardy and fast growing; full and bushy ^ Golden Raintree: Full tree with yellow tips ^ Trident Maple: Changes color with seasons; great for patio or lawn ^ Red Maple: Changes color with seasons; fast growing Please fill out and return by fax (817.503.1129), in person to the City Manager's Office (the third floor of City Hall), or standard mail to the address below: Office of the City Manager c/o Matt McCombs 100 Main Street Colleyville, TX 76034 ,;} ~~ V ~~ +~ .+rss werson, rcrcn nena~er, zeignton Raitsback, Roger Nelson, Tracy Teichmann and Barbara Wicker ..~ ~ ~ ~ ~ ~. ~, • ~ '' , ~ ~ ..~ s-- . ,., • .. ~' ~ ct ~~ ~ ~\\ \ ~~~ 1j ~ n _ .-~ -~ 't-.-'~ d" ~ ^r ~J-~ o - - 0 0 1. -~ a 4 t c ( 1. ~ ` l~ G ~_ O ~ ~. e n n ~ ~, `~ 11 ir. ,=~. --~ a ,~ ~. z Score z ~ :SSilgQztly ~ ittered" ~ a'F itttrest" ~ "Extremely 1.6f<ered" f 72 _ao, ::,,::~ ~,,..~ ~,.;~r;::~:. ;.,~. Is~structiores for Scorer Virtually no litter can be observed in the sub-area bung scored. The scorer has ro look hard to see any linter, perhaps a yer~° occasional litter item or two in a city block, or equivalent. any litter seen could be quickly collected by one individual. The entire sub-area has a generaiiy near and tidy appearance; nothing grabs the eve as being livered or messy. Lpon careful inspection, a small amount of litter is obvious to the scorer. The litter in the sub-area could be collected by one or nyo individuals in a short period of time, ti~'hile the sub-area has a small amount of liver, the eve is not continually grabbed b}' litter items. Visible litter can readily be seen throughout the sub-area, likely requiring an organized effort for removal. This area is "littered" and clearly needs to be addressed. continuous amount of litter level is one of the first things noticed about the sub-area. \iajor illegal dumpsites might be seen in the sub-area, requiring equipment andior ettra manpotiyer for removal. There is a srron~ impression of a lack of concern about Iirrer in the sub-area. ~-}"~ I ~ City of C o I I eyv i I I e Col 1ey001 Ie,aTexas 76034 (817) 503-1000 r~~°~ Agenda Briefing vwvw•colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Budget and Administrative Services Agenda Date: 04/17/2007 Agenda No.: PC-2 Controlling Body: City Council Final Action: File Name: Keep Colleyville Beautiful update and presentation by Roger Nelson, Chairman, Keep Colleyville Beautiful Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 04/17/2007 City Council Title Keep Colleyville Beautiful update and presentation by Roger Nelson, Chairman, Keep Colleyville Beautiful Explanation Roger Nelson will provide a brief overview of Keep Colleyville Beautiful activities. City of Colleyville Page 1 Printed on 4/11/2007 Proposal for Refuse & Recyclable Collection Program April 17, 2007 ~ - Pre Council Work Session l~pdate Lawn Bag Collection 8 6 S. 9 S 4 3+ ' _ Z Noua s-s to-15 le-xo a-so rem Onu 9 1 1 ]6 Twe 6 6 2 14 Thnv 3 2 1 0 6 Feur q I 1 1 ) cna u o 0 1 1s Sia ) 3 1 1 12 Swan ) 3 p 0 10 ElShl s z 1 p e NIM S 3 2 0 13 Totalt 60 x0 9 0 l01 ~~~ - - ---- ':\1~T_ WnlxTiil Wnn~~u~~~T Wn~iv~110i1iinu Residential Options Current service $10.79 Buiky waste modification $10.05 Limit yard waste bags $ 9.87 Bulky Waste Modification • Twice a week collection for: - Unlimited refuse containers - Unlimited lawn waste collection - 4 bundled brUSh (4 foot length and less than 50 pounds) • Bulky waste collection: - Four times per year - Collection up to four cubic yards ~Ir? 0 S 0 NOTE Amilar to S thlake cdlecvar Service Limit Lawn Bags • Customer setout up to six lawn bags • Additional lawn bags automatically collected • Supplemental billing to customer by IESI - Additional bags billed at $0.75 per bag - Billing mailed to customer ~~'\ ~~8j o Discussion 2 ;;~. ,,, I ~ ~~ City of Colleyville Colleyv0'~IIe,Texas76034 U.~3 (817) 503-1000 "`~'" Agenda Briefing www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Budget and Administrative Services Agenda Date: 04/17/2007 Agenda No.: PC-3 Controlling Body: City Council Final Action: File Name: Presentation and discussion of proposed refuse and recycling franchise agreement Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 04/17/2007 City Council Title Presentation and discussion of proposed refuse and recycling franchise agreement Explanation Update -April 12, 2007 This item is provided as an opportunity for staff to update and receive City Council direction for refuse collection services. At the April 3 Pre Council meeting, City Council requested staff continue to work with IESI on a contract extension. As a follow-up to City Council, staff met with IESI on Thursday, April 12 and has negotiated for a residential rate of $10.05. That rate includes unlimited yard waste bags per pick up, up to four bundles of brush or fencing per pick up, and four times (once per quarter) bulky item pick up. However, it does not include bi-weekly two cubic yard bulky item pick up. April 3, 2007 Briefing 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. City of Colleyville Page 1 Printed on 4/13/2007 Agenda Briefing Continued 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. 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% Southlake $ 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 IESI'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. City of Colleyville Page 2 Printed on 4/13/2007 Agenda Briefing Continued 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. 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 offer 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 City of Colleyville Page 3 Printed on 4/13/2007 Agenda Briefing Continued 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 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), IESI 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 City of Colleyville Page 4 Printed on 4/13/2007 Agenda Briefing Continued 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 goat 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. 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 4/13/2007 C~e t('~._... City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Pre Council Version: Agenda Date: 04/17/2007 Requester: Finance Department Agenda No.: PC-4 File Name: Presentation of the Monthly Financial Report - March 2007 Status: Pre Council Controlling Body: City Council Final Action: Attachments: March 2007 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 04/17/2007 City Council Title Presentation of the Monthly Financial Report - March 2007 Explanation General Fund The percentage of current year taxes collected is slightly ahead of that collected through March 2006. Sales tax revenue received in March was down $227/.16% as compared to the amount received in March 2006. Fifteen residential building permits were issued in March, as compared to thirty-six issued in March 2006. Municipal Court revenues are up due to a greater number of citations issued and warrant collections. The average amount expended by the departments at the end of March 2007 is 44.6%. Utility Fund Water usage decreased as compared to the amount sold through March 2006, due to the dry conditions that were occurring during that time. The average amount expended by the Utility Fund at the end of March 2007 is 48.9%. City of Colleyville Page 1 Printed on 4/11/2007 MONTHLY FINANCIAL REPORT - MARCH 2007 Current Taxes Delinquent Taxes Penalty & Interest $8,015,166 65,000 45,000 $7,750,843 35,453 19,509 $7,694,559 36,000 20,000 $7,207,653 45,423 21,625 7.54% -21.95% -9.78% TOTAL $7,274,701 7.30% TXU Electric $892,263 $909,563 $892,263 $867,594 4.84% Tri-County Electric 95,000 102,109 95,000 85,962 18.78% Atmo Gas 270,000 278,361 270,000 334,347 -16.74% SBC Communications 114,000 59,334 57,000 55,048 7.79% Verizon/Others 59,500 26,497 29,750 18,743 41.37% Refuse/Recycling 101,400 49,719 46,475 44,625 11 .42% Cable TV 161,000 79,387 80,500 77,350 2.63% 70,9~8 $1 ,,483,66~ 1.44% Sales Tax $2,210,191 $735,152 $677 ,855 $695,458 5.71% Mixed Beverage Tax 80,000 44,526 40,000 34,916 27.52% TOTAL.SALESy~ $:11f',8Q~ $730,374 6.75% Building $1,006,396 $357,994 $503,198 $599,929 -40.33% Plumbing 122,064 43,566 61,032 59,715 -27.04% Mechanical 59,230 25,047 29,615 28,533 -12.22% Electrical 1 02,158 32,536 51,079 51,942 -37.36% City License 57,273 32,455 28,637 31 , 192 4.05% Building Plan Review Fee 155,839 80,857 77,920 93,182 -13.23% New Business 3,384 1,316 1,692 1,504 -12.50% Animal 1,750 1,158 875 1,308 -11.47% Sign Permit 6,650 4,210 3,325 3,460 21.68% Fence Permit 7,500 3,750 3,750 3,225 16.28% Fire Permits 12,000 8,400 6,000 7,350 14.29% TOTAL.LICENSES&PE~MIYS $1;~a~t~~4 $767,122 $881,34-0 -32.91 % Fines $565,000 $382,211 $282,500 $246,408 55.11 % False Alarms 35,000 26,025 20,000 21,000 23.93% Library Fines 20,400 12,445 10,200 9,983 24.66% TOTAL FINES $4-20;681 $312.700 $277,391 51.66% MONTHLY FINANCIAL REPORT - MARCH 2007 Re-zoning $11,939 $9,825 $5,970 $5,885 66.95% Plat Fee/Site Plan 21 ,799 13,435 10,900 9,118 47.35% Board of Adjustment 2,000 1,875 1,000 1,125 66.67% Sale of Material 2,891 2,079 t ,446 1,836 13.24% Weed Mowing 1,954 1,068 977 200 434.00% Animal Impoundment 3,350 2,480 1,675 2,195 12.98% Ambulance 216,000 130,923 108,000 104,785 24.94% Recreation Program 137,625 40,605 38,000 68,398 -40.63% Non-Resident Fee Parks 14,500 8,620 7,250 7,640 12.83% Field Use Charge 21 ,760 10,004 10,880 9,355 6.94% Engineering & Inspection 80,000 32,132 40,000 26,680 20.43% Chgs & Reimbursements 3,500 3,606 1,750 825 337.09% Colleyvilfe Center Rental 190,000 107,569 95,000 117,561 -8.50% Library Building Rental 100 0 50 60 -100.00% Lot Drainage Inspection Fee 30,625 9,875 15,313 18,875 -47.68% -0.12% DARE Officer Reimbursement $81 ,443 $0 $0 $0 0.00% Sale of Surplus Property $10,000 $0 $0 $22,903 -100.00% Interest Income 382,500 89,812 90,000 84,169 6.70% Miscellaneous 45,000 39,284 33,000 33,957 15.69% Use of Available Cash 145,250 0 0 0 0.00% Celebrate Colleyville Revenue 0 650 0 3,950 -83.54% Antenna Lease 68,275 35,352 34,000 36,328 -2.69% -8.94% Transfer from Utility Fund $544,701 $0 $0 $0 0.00% 3.91% MONTHLY FINANCIAL REPORT - MARCH 2007 TOTAL PERCENT FY 2007 THROUGH THROUGH INCREASE INCREASE BUDGET 3/31/2007 3/31/2006 (DECREASE) (DECREASE) % OF CURRENT TAX ROLL COLLECTED 99.0% 96.13% 96.06% 0.07% 0.07% RESIDENTIAL BLDG PERMITS 245 64 146 (82) -56.16% COMMERCIAL BLDG PERMITS 10 18 9 9 100.00% PLUMBING/MECHANICAL PERMITS 900 '710 773 (63) -8.15% ELECTRICAL PERMITS 400 232 337 (105) -31.16% CITATIONS ISSUED 9,700 5,487 4,042 1 ,445 35.75% CITATIONS APPEALED 270 264 151 113 74.83% City Council and Secretary $541 ,285 $172,750 $176,011 31.9% $368,535 City Manager 548,976 288,929 282,219 52.6% 260,047 Finance 451,022 235,202 236,309 52.1% 215,820 Legal 106,823 30,610 44,510 28.7% 76,213 Human Resources 186,844 94,360 93,981 50.5% 92,484 Engineering 509,641 243,488 247,830 47.8% 266,153 Economic Development 170,452 69,212 54,275 40.6% 101,240 Building Inspection 391,067 175,481 172,082 44.9% 215,586 Community Development 273,856 140,721 140,763 51.4% 133,135 Fire 3,337,422 1,865,555 '1,867,166 55.9% 1,471,867 Police 3,682,832 1,819,606 1,818,753 49.4% 1,863,226 Parks 1,325,530 538,473 547,791 40.6% 787,057 Recreation 291,027 120,390 120,273 41.4% 170,637 Library 589,608 296,707 296,975 50.3% 292,901 Communications 152,904 89,345 89,534 58.4% 63,559 Colleyville Center 348,201 155,124 155,714 44.6% 193,077 Streets & Drainage 1,747,299 447,207 447,918 25.6% 1,300,092 Municipal Court 232,216 110,502 111 ,341 47.6% 121,714 Fleet Maintenance 189,988 87,599 89,699 46.1% 102,389 Building Services 247,680 120,798 128,750 48.8% 126,882 Information Services 254,549 142,407 143,851 55.9% 112,142 Capital Equipment Reserve 135,000 18,000 18,000 13.3% 117,000 Performance 563,500 0 0 0.0% 563,500 MONTHLY FINANCIAL REPORT - MARCH 2007 Water Sales $7,152,284 $2,828,071 $2,659,998 $3,581,673 -21.04% Sewer Sales 2,173,056 983,247 1,086,528 942,305 4.34% Sewer Installation 22,900 8,300 11 ,450 21,900 -62.10% Water Installation 44,800 19,940 22,400 34,490 -42.19% Sewer Tie-on Charges 5,000 10,566 2,500 5,571 89.66% Engineering Charges 35,000 19,991 17,500 19,013 5.14% Penalties 153,730 81 ,433 74,931 85,730 -5.01% Miscellaneous 10,000 22,346 5,000 4,138 440.02% Interest Income $88,718 -32.40% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 3/31/2007 3/31/2006 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 844,138,300 1,124,464,700 (280,326,400) -24.93% NUMBER OF WATER CUSTOMERS 8,618 8,390 228 2.72% Administration $211,794 $99,359 $100,020 46.9% $112,435 Billing 429,462 137,621 139,654 32.0% 291,841 Operations 6,910,588 3,355,425 3,320,883 48.6% 3,555,163 Debt Service 1,133,666 977 ,889 977,889 86.3% 155,777 Merit Adjustment 107,164 0 0 0.0% 107,164 Transfer to General Fund 544,701 0 0 0.0% 544,701 City of Colleyville Agenda Briefi ng 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 17, 2007, City Council regular agenda items File Type: Pre Council Agenda Date: 04/17/2007 Agenda No.: PC-5 Status: Pre Council Controlling Body: City Council Final Action: Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 04/17/2007 City Council Title Discussion of the April 17, 2007, City Council regular agenda items City of COlleyville Page 1 Printed on 4/11/2007 City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: Agenda Date: 04/17/2007 Agenda No.: 1 Controlling Body: City Council Final Action: Requester: Office of the City Secretary File Name: Executive Session - Legal Consultation - April 17, 2007 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 04/17/2007 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 - Charleda Jean Elliott v. John Smith, Wildwood Suites Property Management, Inc., Ian Robert Smith, Montclair Pare 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 4/9/2007 RESOLUTION R-07 -2826 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 17, 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 ABSTENTIONS 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary David Kelly Mayor .e -,~".~.;. City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Presentation or Proclamation Status: Presentations or Proclamations Controlling Body: City Council Final Action: Version: Agenda Date: 04/17/2007 Agenda No.: 3 Requester: Office of the City Secretary File Name: Presentations and Proclamations - April 17, 2007 Attachments: Keep America Beautiful's Great American Cleanup and Arbor in Colleyville Proclamation.pdf History of Legislative File Version: Date: Acting Body: Action Text: 04/17/2007 City Council Title Proclamation Keep America Beautiful's Great American Cleanup and Arbor Day in Colleyville - Roger Nelson, Chairman, Keep Colleyville Beautiful, John and Charna Gray, Clean Sweep Co-Chairs City of Colleyville Page 1 Printed on 4/5/2007 roclamation CITY OF Colleyville, Texas WHEREAS: Keep America Beautiful, Inc., a national not-for-profit organization dedicated to helping individuals improve their community environment, established the Great American Cleanup as the signature national effort for involving American citizens in environmental stewardship; and WHEREAS, the City of Colleyville is proud of its natural resources and neighborhoods and seeks to protect and improve our community through the action of citizens, schools, governments and businesses working together; and WHEREAS, President George W. Bush and Mrs. Laura Bush have long recognized the important commitment to improve American communities through litter prevention, beautification and solid waste management initiatives and have assumed the title of Honorary Chairs of Keep America Beautiful's Great American Cleanup, and WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees. This holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is observed throughout the world and has become a day dedicated to the beauty, usefulness and preservation of trees; and WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling cost, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the ColleyviUe City Council do hereby proclaim April 28, 2007 as KEEP AMERICA BEAUTIFUL'S GREAT AMERICAN CLEANUP AND ARBOR DAY IN COLLEYVILLE and call upon our citizens to join in the activities that promote responsible environmental stewardship and help us renew our commitment to building a better world today and for future generations. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed th.s 17th day of April 2007. ~J-l~ Ma r ce1e Texas RESOLUTION R-07 -2827 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF APRIL 17, 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 April 3, 2007 b. Approval of a bid award for central control irrigation system flow sensor installation to Whitmore and Sons, Inc., in an amount not to exceed $102,712.50, and authorize the City Manager to execute the contract c. Approval of a construction contract with JLB Contracting, LP, for Pleasant Run Road Paving and Drainage Improvements in the amount of $285,399.47, and authorize the City Manager to execute the contract d. Approval of a construction contract with Reynolds Asphalt & Construction Co., for Shelton Drive Paving and Drainage Improvements, in an amount not to exceed $235,806.23, and authorize the City Manager to execute the contract e. Approval of an amendment to an Economic Development Incentive and Sale Agreement, and authorize the City Manager to execute the agreement f. Approval of the Final plat for The Reserve at Colleyville being 82.1 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-06-019 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ON THIS THE DAY OF AYES, NAYS AND 2007. ABSTENTIONS ATTEST: Resolution R-07 -2827 Page 2 of2 CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary David Kelly Mayor City of Colleyville City Council Minutes - Draft City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, April 3, 2007 CITY COUNCIL CHAMBERS PC-1 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 3, 2007, at 5:32 p.m. ROLL CALL: Councilpersons Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Lieutenant Rodney Cunningham, Finance Director Terry Leake, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Community Development Director Chris Fuller, Budget and Administrative Services Manager Stephen Seidel, Parks and Recreation Director Monica Walsh, Communications Manager Mona Gandy, Management Assistant Matt McCombs, Audio Visual Technician Les Earwood, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilman George Boll was absent. Discussion of the proposed Street Capital Improvement Work Plan with the Capital Improvement Plan Committee Public Works Director Steve Chutchian introduced Capital Improvement Plan Committee members Jody Short, Sean Bryan, Stan Hall and Joyce Hammill. Mr. Chutchian reviewed the process for the development of the Street Capital Improvement Work Plan and provided information regarding the Tarrant County Street Rehabilitation Projects and answered questions of the City Council. City Manager Bill Lindley provided information regarding the schedule for road reconstruction and roundabout intersection projects. There was general discussion regarding a potential bond election, structure of the ballot, timeline for street reconstruction projects, funding sources, scope of projects and future infrastructure needs. Mr. Jody Short, Chairman of the Street Capital Improvement Plan Committee, presented information regarding the process for the selection of road projects. City of Colleyville Page 1 Printed on 4/12/2007 City Council City Council Minutes - Draft April 3, 2007 City Council requested a status report of road projects and an update of the SH26 reconstruction project be provided at the May 1, 2007 Pre Council meeting. PC-2 Presentation and discussion of proposed refuse and recycling franchise agreement (This item will be discussed at the conclusion of the regular meeting) Mayor Kelly reconvened the meeting at 8:23 p.m. in the Executive Conference Room to discuss the refuse and recycling franchise agreement. Budget and Administrative Services Manager Stephen Seidel provided an overview of the proposal for the refuse and recyclable collection program and answered questions of the Council. Discussion ensued regarding competitive rates. Mr. Bob Kneis, Regional Manager, IESI Corporation, expressed appreciation for the opportunity to serve Colleyville and provided information regarding IESI employees, the process for establishing the proposed price and answered questions of the Council. Discussion ensued regarding the number of lawn waste bags allowed per collection, collection schedule, volume of collection, yard waste reduction and enhanced recycling programs. City Council determined that further evaluation is warranted and an item will be placed on the April 17, 2007, Pre Council agenda for discussion. PC-3 Discussion of the April 3,2007, City Council regular agenda items There was discussion on Agenda Item 6a, Approval to amend and replace Ordinance 0-90-797 providing for the Records Management Program related to Council's ability to extend the retention period of documents beyond the minimum requirements. City Attorney Matthew Boyle stated that the ordinance does not limit the City Council's ability to extend the retention period of documents beyond the retention schedule established by the Texas Library and Archives Commission. Mayor Kelly announced that City Council will reconvene in the Executive Conference Room after the last item on the agenda to discuss the proposed refuse and recycling franchise agreement. City of Colleyville Page 2 Printed on 4/12/2007 City Council City Council Minutes - Draft April 3, 2007 There being no further business, Mayor David Kelly declared the Pre Council meeting adjourned at 6:23 p.m. The regular meeting of the Colleyville City Council was called to order on April 3, 2007, by Mayor David Kelly at 6:48 p.m. ROLL CALL: Councilpersons Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Director Chris Fuller, Economic Development Manager Scott Welmaker, Budget and Administrative Services Manager Stephen Seidel, Communications Manager Mona Gandy, Library Director Mary Rodne, Parks and Recreation Director Monica Walsh, Audio Visual Technician Les Earwood, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilman George Boll was absent. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - 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 Pare Homeowners Association, Inc., Montclair Pare, 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 City of Colleyville Page 3 Printed on 4/12/2007 City Council City Council Minutes - Draft April 3, 2007 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:48 p.m. and reconvened at 7:36 p.m. 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 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Taylor expressed appreciation to citizens for the opportunity to attend a Texas Municipal League seminar in Austin, Texas. Mayor Kelly announced the Keep Colleyville Beautiful Clean Sweep event will be held April 28, 2007, at 8:30 a.m. at City Park and the Crud Cruiser will be available 9:00 a.m. to 11 :00 a.m. or until full. Mayor Kelly presented a Proclamation to Ms. Sommer Houser, Associate Director, Alliance for Children Northeast Center, in recognition of Child Abuse Prevention Month. Ms. Houser expressed appreciation to the City Council for the recognition and encouraged everyone to become more aware of child abuse prevention. Mayor Kelly presented a Proclamation to Mr. Leonard Allen, Chairman of Deacons, in recognition of the 130th year Anniversary of the Pleasant Run Baptist Church. Chairman Allen expressed appreciation for the Proclamation and invited everyone to attend the anniversary celebration on April 7, 2007 at the church. Mayor Kelly presented a Proclamation to Rose Zalewski, Communications Supervisor, in recognition of National Public Safety Telecommunicator's Week. Ms. Zalewski introduced dispatchers Amy Johanson, Tiana McBurney, Penny Burt, Gayle Konikoff, Rebecca Reddick and Amy VanZandt. City of Colleyville Page 4 Printed on 4/12/2007 City Council City Council Minutes - Draft April 3, 2007 Ms. Zalewski expressed appreciation to the City Council for the recognition, to the citizens for making Colleyville a great place to work, to the dispatchers for a great job and to Lieutenant Rodney Cunningham for his great leadership. Mayor Kelly presented a Proclamation to Mary Rodne, Library Director, in recognition of National Library Workers' Day and National Library Week. Ms. Rodne introduced Ms. Angela Bailey, Youth Services Librarian, Ms. Erica Gill, Adult Services Librarian and Mr. John Schanot, Computer Services Librarian, expressed appreciation for recognizing library workers and invited everyone to visit the library during National Library Week and enjoy the special events. Mayor Kelly recognized Mr. Robert McCormick for 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 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 Mayor Kelly read Resolution R-07 -2823 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-07-2823. Councilman Taylor seconded the motion. City of Colleyvifle Page 5 Printed on 4/12/2007 City Council City Council Minutes - Draft April 3, 2007 The motion carried by the following vote: Aye: 6 - David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - George Boll 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1614 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. Mayor Kelly opened the public hearing. Mr. Don Noblit, 8717 Terrell Drive, North Richland Hills, Texas, agent for the owner Mr. Larry Hartsel, introduced Mr. George Haddad, who is the prospective tenant for location at 5224 Colleyville Boulevard and provided information regarding the potential renovations of the building. Mr. Dale Molden, 105 Timberline Drive North, representing the First Baptist Church, spoke in opposition to the proposed ordinance and regarding the proximity of the proposed business to the church. Ms. Sandra Williamson, 5509 Janet Lane, spoke in opposition to the proposed ordinance and regarding the safety of family members and church members as they travel to and from church and the close proximity of the proposed business to the school held in the church and fire station. Ms. Christina Harris, 1204 Crest View, Bedford, Texas, spoke on behalf of the teenagers at First Baptist Church and in opposition to the proposed ordinance and regarding the safety of teenagers as they drive near the proposed business. Mr. Paul Coppage, 1108 Simpson Terrace, Bedford, Texas, spoke in opposition to the proposed ordinance and regarding the proximity of the proposed business to the church youth activities and safety of teenagers as they drive near the proposed business. Mr. Clark Lovrien, 453 Shade Tree Circle, Hurst, Texas, spoke in opposition to the proposed ordinance. City of Colleyville Page 6 Printed on 4/12/2007 City Council City Council Minutes - Draft April 3, 2007 Mr. Henry Lambert, 108 Timberline Drive South, member of First Baptist Church, spoke in opposition to the proposed ordinance and regarding the safety of citizens as they travel on SH26. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers spoke regarding the proposed hours of alcohol sales and the history of the property. Mayor Pro Tem Ayers moved to deny Ordinance 0-07-1614. Councilman Taylor seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - George Boll 5b 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. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilman Taylor moved to approve Ordinance 0-07-1615. Councilman Hart seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - George Boll 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 Mayor Kelly read the caption of Ordinance 0-07-1616. City of Colleyville Page 7 Printed on 4/12/2007 City Council City Council Minutes - Draft April 3, 2007 Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. City Secretary Cynthia Singleton provided information regarding records management and stated that the proposed ordinance will facilitate the administrative changes as required to remain in compliance with state law and provide for the efficient management of the City's records. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2824 Consideration of appointments to the Celebrate Colleyville Steering Committee Mayor Kelly read Resolution R-07-2824 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilman Taylor moved to approve Resolution R-07-2824, appointing Ms. Jennifer Patterson to a term expiring December 2008 and Mr. Jason Williams and Ms. Ret Stansberger to a term expiring December 2007. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Tony licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - George Boll 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: Library Board Minutes - February 12, 2007 Planning and Zoning Commission Minutes - March 12,2007 There was no action taken on this item. City of Colleyville Page 8 Printed on 4/12/2007 City Council City Council Minutes - Draft April 3, 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 This resolution was not needed. 11. ADJOURNMENT: Mayor Kelly recessed the meeting at 8:13 p.m. and stated the meeting will reconvene in the Executive Conference Room in ten minutes to discuss the proposed refuse and recycling franchise agreement. 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: 6 - David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 - George Boll Mayor Kelly adjourned the meeting at 9:13 p.m. 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 Col/eyville Page 9 Printed on 4/12/2007 cee .r.~.,.:.. 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 Controlling Body: City Council Version: 1 Agenda Date: 04/17/2007 Requester: Parks and Recreation Agenda No.: 4b Department File Name: Approval of a Bid Award for central control irrigation system flow sensor installation to Whitmore and Sons, Inc., in an amount not to exceed $102,712.50, and authorize the City Manager to execute the contract 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: 04/17/2007 City Council Title Approval of a bid award for central control irrigation system flow sensor installation to Whitmore and Sons, Inc., in an amount not to exceed $102,712.50, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing Bid specifications for "Central Control Irrigation System Flow Sensor Installation", Bid Number 07-01, were prepared and the City advertised for bids on February 18, 2006 and February 25, 2007. Eight bid documents were mailed or picked up by potential bidders. One bid was received from Whitmore and Sons, Inc. for a total net amount of $82,170.00. The Parks and Recreation Department recommends approval of the bid award to Whitmore and Sons, Inc. and is recommending a 25% project contingency of $20,542.50 for a total amount not to exceed $102,712.50. The proposed start date will be early May 2007 and the project should be completed early August 2007. City staff anticipated bids for this project would range from $95,000.00 to $115,000.00. This was based upon flow sensor system requirements, location of double checks in relation to irrigation controllers and how many bores would be required underneath sidewalks, drives and roadways at each site. Whitmore and Sons, Inc. successfuly installed the Hunter central control base station with antenna, two Hunter flow sensors, ACC irrigation clocks and components at six city parks and properties for a total cost of $24,742.34 during FY 2006. Staff is confident with the bid from Whitmore and Sons, Inc. There are only three irrigation contractors known to be certified by Hunter Industries to install Hunter central control City of Colleyville Page 1 Printed on 4/13/2007 Agenda Briefing Continued system components in the north Texas area. The three irrigation contractors that are known to be certified by Hunter Industries were all sent bid packages. These irrigation contractors are as follows: Whitmore and Sons, Inc., Huffman Irrigation and DFW Sprinkler. Whitmore and Sons, Inc. references were the City of Colleyville and the City of Euless. As noted, Whitmore and Sons, Inc. has successfully completed previous projects per specifications for the City. The second reference, City of Euless, was verified to ensure this contractor successfully completed a similar project of this size and scope. The City of Euless indicated Whitmore and Sons, Inc. met and/or exceeded contract specifications. The North Texas drought conditions have brought broader attention to the need to be innovative and determined in water conservation efforts. The central control irrigation system flow sensor installation project is an example of the City's commitment to this endeavor. The installation of the central control irrigation system flow sensors will monitor water flow and will electronically shut down an irrigation system when high water flow is detected, thereby conserving water. The City of Colleyville is in the process of installing Hunter central control irrigation system clocks and communication components at all City parks and public properties. The Colleyville Center and Justice Center are the only locations that currently have flow sensors installed and operational. This project will allow installation of flow sensors for the remaining parks and properties that have irrigation systems capable of operating Hunter flow sensors. The Parks and Recreation Department has also purchased Hunter Industries central control irrigation clocks and communication components for the remaining nine parks and properties for a total amount of $16,034.85. These clocks and communication components will be installed by Parks Department staff prior to the installation of flow sensors at these sites. City Attorney Matthew Boyle reviewed contract documents prior to solicitation of bids and in accordance with the City Charter, Section 3.07, the City Manager may be authorized to sign the contract. This project is in response to the City Council's objective of enhancing recreational opportunities in the City. Financial Impact It has been determined that there is funding available in the FY07 Colleyville Economic Development Corporation (CEDC) budget to complete the citywide irrigation monitoring system project. The total CEDC FY 2007 budget for this project is $135,000.00. The total amount of $118,747.35 ($102,712.50 for flow sensor installations and $16,034.85 for irrigation clocks and components) is lower than the amount budgeted for the citywide irrigation monitoring system for FY 2007 CEDC. Recommendation Approval City of Colleyville Page 2 Printed on 4/13/2007 COLLEYVILLE ECONOMIC DEVELOPMENT COPRORATION ECONOMIC DEVELOPMENT CAP IT AL IMPROVEMENT PROGRAM FY 2007 - FY 2011 PROJECTED FISCAL YEAR 2006 2007 2008 2009 2010 2011 BEGINNING FUND BALANCE $1,270,587 $1,202,265 $770,596 $849,560 $854,867 $505,129 PROJECTED 1/2 CENT SALES TAX REVENUE $1,072,909 $1,105,096 $1,149,299 $1,195,271 $1,243,082 $1,292,805 INTEREST INCOME $38,118 $54,102 $34,677 $38,230 $38,469 $22,731 2005 BOND SALE PROCEEDS $1,796,673 $203,327 $0 $0 $0 $0 USE OF AVAILABLE CASH $325,494 $806,393 $302,453 $382,482 $608,255 $269,270 TOTAL REVENUES $3,233,193 $2,168,917 $1,486,429 $1,615,984 $1,889,806 $1,584,806 OPERATING: ADMINISTRATIVE $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 2005 DEBT SERVICE & 1.4 TIMES COVERAGE $900,099 $904,913 $910,018 $900,473 $904,806 $904,806 1997 DEBT SERVICE & 1.4 TIMES COVERAGE $0 $0 $0 $0 $0 $0 2000 DEBT SERVICE & 1.4 TIMES COVERAGE $0 $0 $0 $0 $0 $0 MARKETING $80,000 $80,000 $80,000 $80,000 $80,000 $80,000 CAPITAL: ADA IMPROVEMENTS NATURE CENTER PARK $69,293 $5,000 $0 $0 $0 $0 SPARGER PARK $0 $125,000 $0 $0 $0 $0 CITY PARK FIELD MAINTENANCE ENTRY IMPROVEMENTS $0 $11,500 $0 $0 $0 $0 KIDSVILLE RENOVATIONS $0 $10,000 $0 $0 $0 $0 CITYWIDE PLAYGROUND SAFETY SIGNS $0 $6,000 $0 $0 $0 $0 CITYWIDE PICNIC TABLE REPLACEMENT $0 $6,000 $0 $0 $0 $0 MC PHERSON PARK Phase I $0 $238,000 $0 $0 $0 $0 Phase I (Bond Sale Proceeeds) $196,673 $203,327 $0 $0 $0 $0 Phase II $0 $0 $0 $500,000 $0 $0 Phase III $0 $0 $0 $0 $0 $350,000 Phase IV $0 $0 $0 $0 $0 $245,000 CITY PARK ROAD EXTENSION $63,121 $20,000 $0 $0 $0 $0 PLEASANT RUN PRACTICE FIELD PARKING LOT $39,006 $0 $0 $0 $0 $0 PLEASANT RUN TRAIL $0 $0 $0 $0 $500,000 $0 PLEASANT RUN - MOVING LIGHTS $0 $35,000 $0 $0 $0 $0 PARK LAND PURCHASE (Bond Sale Proceeds) $400,000 $0 $0 $0 $0 $0 SENIOR CENTER FACILITY (Bond Sale Proceeds) $1,200,000 $0 $0 $0 $0 $0 FF&E AND RENOVATIONS $150,000 $0 $0 $0 $0 $0 OPEN AREA AND TRAIL DEVELOPMENT $0 $168,000 $0 $0 $300,000 $0 CITYWIDE IRRIGATION MONITORING SYSTEM $50,000 $135,000 $0 $0 $0 $0 CITYWIDE TRAIL SYSTEM GRANT MATCH $0 $0 $300,000 $0 $0 $0 TRAIL CONSTRUCTION $80,000 $100,000 $70,000 $0 $100,000 $0 TOTAL EXPENDITURES $3,233,192 $2,052,740 $1,365,018 $1,485,473 $1,889,806 $1,584,806 EXCESS REVENUES OVER EXPENDITURES $0 $116,178 $121,411 $130,511 $0 $0 ADD BACK .4 TIMES BOND COVERAGE RATIO $257,171 $258,547 $260,005 $257,278 $258,516 $258,516 ENDING FUND BALANCE $1,202,265 $770,596 $849,560 $854,867 $505,129 $494,376 ASSUMPTIONS: FY 2007: 1/2 OF CITY SALES TAX BUDGET PROJECTION 1 FY 2008 - 2011: 4% GROWTH DUE TO COLLEYVILLE BLVD.CONSTRUCTION C~e .f4:'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 Controlling Body: City Council Version: Agenda Date: 04/17/2007 Agenda No.: 4c Final Action: Requester: Engineering Department File Name: Approval of a construction contract with JLB Contracting, LP, for Pleasant Run Road Paving and Drainage Improvements in the amount of $285,399.47, and authorize the City Manager to execute the contract Attachments: Pleasant Run Road Bid Tab . Pleasant Run Roade Phase I - Overall Site Plan History of Legislative File Version: Date: Acting Body: Action Text: 1 04/17/2007 City Council Title Approval of a construction contract with JLB Contracting, LP, for Pleasant Run Road Paving and Drainage Improvements in the amount of $285,399.47, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing In August 2005, staff submitted eleven (11) projects to Tarrant County for consideration in the transportation bond program. The Bogart Drive / Pleasant Run Road Improvements was one of several projects selected by the County. The improvements are being designed and constructed in two phases. This construction contract is for Phase I, which includes construction of Pleasant Run Road, from Bogart Drive to the north property line of the Grapevine-Colleyville Independent School District (GCISD) campus, drainage structures, curb and gutter and an enhanced crosswalk for the existing sidewalk on the south side of Bogart Drive. GCISD is currently constructing a new elementary school on their property adjacent to Pleasant Run Road. As part of the construction, GCISD is building an additional turning lane on Pleasant Run Road adjacent to their property. As part of Phase I, the City will continue the additional turn lane to Bogart Drive. This first phase will be completed by August 2007, in conjunction with the planned opening of the new elementary school. Staff received and opened bids on April 11, 2007. Two bids were received with JLB Contracting, LP, being the low bidder with a bid of $259,454.06. Staff recommends a 10% contingency of $25,945.40, for a total project cost of $285,399.47. Staff has contacted City of Colleyville Page 1 Printed on 4/13/2007 Agenda Briefing Continued references and recommends approval of the contract. Financial Impact It has been determined that 50% of the funding is available from the Tarrant County Bond Program. The City's share is available from Tax Increment Finance (TIF) Bonds and Perimeter Street Fees. Recommendation Approval City of Colleyville Page 2 Printed on 4/13/2007 BID TAB Owner: City of Colleyville Engineer: Chiang, Patel & Yerby, Inc. Project: Pleasant Run Road Paving & Drainage Improvements Bid Date: April 11 , 2007 I No. Bidder Bid Amount 1 JLB Contracting $259,454.06 2 Reynolds Asphalt & Construction $263,666.70 0 u 0 ~ CO ..., ~ .Q J ... CI >- 0 0 o{J 0 0 '<t (\J - CI II - N IV ~ Q. ..... , 0; Lj ~ -1 IV 0::( :E 0 u C/) , V 0 2 0::( is! ~ en -J~ -J ~. 0:::':- ~~ ~ < ...J Q. 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FtCURf 1 c& 'n.~.,.;, 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 Controlling Body: City Council Final Action: Version: Agenda Date: 04/17/2007 Agenda No.: 4d Requester: Public Works Department File Name: Approval of a construction contract with Reynolds Asphalt & Construction Co., for Shelton Drive Paving and Drainage Improvements, in an amount not to exceed $235,806.23, and authorize the City Manager to execute the contract Attachments: Shelton Drive Bid Tab History of Legislative File Version: Date: Acting Body: Action Text: 1 04/17/2007 City Council Title Approval of a construction contract with Reynolds Asphalt & Construction CO., for Shelton Drive Paving and Drainage Improvements, in an amount not to exceed $235,806.23, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing The FY 2007 Street Department Budget provides for the maintenance and rehabilitation of residential streets and thoroughfares throughout the community. The 2007 Street Resurfacing Program includes the resurfacing of Shelton Drive. These improvements include subgrade rehabilitation and a new asphalt surface overlay, in addition to the roadway improvements. Four bid packets were distributed. Two bids were received by the Public Works Department on April 9, 2007. Reynolds Asphalt & Construction Co. was the low bidder in the amount of $214,369.30. Staff is recommending a 10% contingency of $21,436.93 for a total amount not to exceed $235,806.23. Reynolds Asphalt & Construction Co., has successfully completed other construction projects in Colleyville. Financial Impact It has been determined that funds are available from the Street Department budget line item 001-33-6319, and the 2001 Drainage Bonds. Recommendation Approval City of Colleyville Page 1 Printed on 4/12/2007 City of Colleyville 2007 Pavement and Drainage Improvements of Shelton Drive " ..... ... ....................................... .................................................................... ............................ ....................................... :;:::;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:::;:;:::::::;::::;:;:;:;:;:;:;:;:;:;:;:;:::;:;:;:;:;:::;:;:::::;:::;:::;:::;:;:;:;:;:;:;:;:: :::::.:::::::.:.:-;.:.:.:.:.:::::.:.:.;.;.:.:.;.;.:.:.:.::.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:':':':':':0:':';':':';':' cee "fp.,;:.,.. City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: Agenda Date: 04/17/2007 Agenda No.: 4e Controlling Body: City Council Final Action: Requester: Economic Development Department File Name: Approval of an amendment to an Economic Development Incentive and Sale Agreement, and authorize the City Manager to execute the agreement Attachments: First Amendment To Economic Development Incentive and Sale Agreement History of Legislative File Version: Date: Acting Body: Action Text: 04/17/2007 City Council Title Approval of an amendment to an Economic Development Incentive and Sale Agreement, and authorize the City Manager to execute the agreement Explanation Reading and Public Hearing On February 6, 2007, the City entered into an economic development incentive and sale agreement with N3 Development for a .414 acre parcel of land. The N3 offer constitutes an option contract, which allows the buyer to opt out of the purchase if they cannot achieve satisfactory zoning approvals. N3 plans to incorporate the tract to expand their existing development, adding a 4,900 square foot commercial building and peripheral parking and landscaping. This amendment clarifies the effective date, the inspection period and the closing date of the agreement. If approved, the amendment would grant N3 a period of ninety (90) days after the Title Company receives the fully executed agreement (the effective date) to inspect the property and conduct feasibility studies of the property (the inspection period). N3 shall be granted an additional thirty (30) days or such longer period of time necessary to obtain site plan approval from the City in the event N3 is unable to obtain site plan approvals within the ninety (90) day period. N3's obligation to close the purchase of the property is subject to N3 having received, prior to December 31, 2007, zoning for a single banking institution of up to 5,000 square feet with drive through banking lanes. The closing will be held on or before 30 days after the later of: (1) expiration of the inspection period; (2) 30 days after N3 receives adequate zoning; or (3) another date as agreed by the City and N3. City of Col/eyville Page 1 Printed on 4/13/2007 Agenda Briefing Continued Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 4/13/2007 FIRST AMENDMENT TO ECONOMIC DEVELOPMENT INCENTIVE AND SALE AGREEMENT This First Amendment to Economic Development Incentive and Sale Agreement (the "First Amendment") is entered into effective as of April _, 2007, by and between THE CITY OF COLLEYVILLE, TEXAS ("Seller"), and N3 DEVELOPMENT, LTD., a Texas limited partnership, or assigns ("Purchaser"). WHEREAS, Purchaser and Seller entered into that certain Economic Development Incentive and Sale Agreement dated effective as of February 6, 2007 (the "Agreement") providing for the purchase and sale of certain real property located on Church Street, northwest of Colleyville Boulevard, in Colleyville, Texas (the "Property"), as more particularly described in the Agreement; and WHEREAS, Purchaser and Seller desire to amend the Agreement, as hereinafter set forth. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby delete Section 2.08 of the Agreement and replace it with the following provision: "2.08 N3 shall have a period of ninety (90) days after the Title Company receipts the fully executed AGREEMENT (the "EFFECTIVE DATE") to inspect the PROPERTY (the "INSPECTION PERIOD") and to conduct feasibility studies of the PROPERTY. N3's studies may include, without limitation: (i) core borings; (ii) environmental and architectural tests and investigations; (iii) physical inspections of all improvements, fixtures, equipment, subsurface soils, structural members, and personal property; (iv) cost evaluations, appraisals and other economic studies; and (v) examination of plans, specifications, manuals, and other documents relating to the construction and condition of the PROPERTY. N3 and N3's agents, employees, consultants and contractors shall have the right of reasonable entry onto the PROPERTY during normal business hours, and upon reasonable advance notice (but no more than twenty four (24) hours' advance notice shall be required) to the CITY for purposes of the inspections, studies, tests and examinations deemed necessary by N3. All inspections, studies, tests and examinations performed hereunder shall be at N3's expense. N3 shall be granted an additional thirty (30) days or such longer period of time as is necessary to obtain "Site Plan Approval" from the CITY in the event N3 is unable to obtain "Site Plan Approval" from the CITY within such ninety (90) day period." The Seller and Purchaser further agree that Section 2.15 should be deleted and replaced with the following provision: "2.15 N3's obligation to close the purchase of the PROPERTY is subject to N3's having received, prior to December 31,2007, adequate evidence (as determined by N3 in its sole and absolute discretion) that the PROPERTY is zoned in such a N3 Development, Ltd. - I - First Amendment to Economic Development Incentive and Sale Agreement Colleyville, IX manner that the operation of a single banking institution of up to 5,000 square feet together with drive-through banking lanes, on the PROPERTY will comply with any and all zoning regulations and applicable use restrictions affecting the PROPERTY. The CITY agrees to cooperate with N3 in applying for any necessary rezoning of the PROPERTY such that the operation of a financial institution up to 5,000 square feet, together with drive-through banking lanes, on the PROPERTY will comply with any and all zoning regulations and applicable use restrictions affecting the PROPERTY." The Seller and Purchaser further agree that Section 2.17 should be deleted and replaced with the following provision: "2.17 The closing shall be held at the office of Title Company on or before thirty (30) days after the later of: (l) expiration of the INSPECTION PERIOD; (2) 30 days after N3 receives adequate evidence (as determined by N3 in its sole and absolute discretion) that the PROPERTY is zoned in such a manner that the operation of a single banking institution of up to 5,000 square feet together with drive-through banking lanes, on the PROPERTY will comply with any and all zoning regulations and applicable use restrictions affecting the PROPERTY; or (3) at such time, date, and place as the CITY and N3 may in writing agree upon (which date is herein referred to as the "CLOSING DATE"). At the closing, the CITY shall: (1) Deliver to N3 a duly executed and acknowledged Special Warranty Deed in a form approved by the City Attorney and N3 conveying good and indefeasible title in fee simple to all of the PROPERTY, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions except for the following or as otherwise provided in this AGREEMENT: (a) General real estate taxes for the year of closing and subsequent years not yet due and payable; (b) Any exceptions approved by N3 pursuant to Paragraph 2.10 hereof; and (c) Any exceptions approved by N3 in writing; and (2) Deliver to N3 possession of the PROPERTY; and (3) Execute and deliver all other documents, instruments and agreements reasonably required by N3 and the TITLE COMPANY, including proof of abandonment of Church Street and proof of zoning permitting a financial institution as set forth herein." All capitalized terms not otherwise defined herein shall have the same meaning given such terms in the Agreement. Except as amended by this First Amendment, all other terms and provisions of the Agreement shall remain unchanged and shall continue in full force and effect. N3 Development, Ltd. -2 - First Amendment to Economic Development Incentive and Sale Agreement Colleyville, TX This Amendment may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original, and all of which are identical. Facsimile signatures appearing hereon shall be also deemed an original. DATED effective as of the date set forth hereinabove. PURCHASER: N 3 DEVELOPMENT, LTD., a Texas limited partnership By: N3 CAPITAL, LLC, a Texas limited liability company, its General Partner By: SELLER: CITY OF COLLEYVILLE, TEXAS Mayor N3 Development, Ltd. - 3- First Amendment to Economic Development Incentive and Sale Agreement Colleyville, TX O e Q t! 0 a C ~ G ~ ~~4 a. n Q ~ o=~. 3 =~ a e~ N m O y ~ •Q •+ ~ ~ O ~ D O `~ 4 ~ ~O O n ~ ~3 c~ Q ~ o > > 4 :; s3 ~ ~ e s y •~ O O c~D ~ N o ~' z n~ .a O N ~~ w ~. n . r~ 0 tD v m I' ~_ ~D 0 ~D 0 (J~ ~1 J I Lv ~ m ~ ~ m ~ a d ~° ~ 3 ~ z ~ C ~b ~ .~. O I~ a a N t/~ ~~ /~ ~o ~• a ~ m ~, r ~ ~ N ~ -~. ^~ ~ i ?~- ~ O ~ . C ~ n ~ j rp ? ~_ rD ~ N C ~Q m C1 v fA `'+~ A~ ~, in' Q ~~ C~ m a. any` c a o~~. 3 ~ - ~? ~ ~, 3 y `° 3 ~o ~ Q ~ n0 ~, ~3 C G ~~ y ~ a ~o >> 4 M a3 ep y C eD ~, h ~ O O Q •. O ~0 ~ h O ~~ cD ~: ~ Q O a~ v 0 ~' _ ~ Z a ~' m ~ m e. ~ ~` ~ Z c ` ~ ~3, ~ m 0 co N ~V i a a y fi 0 n~ a ~~a 11 ,, N r^ ~_ ` , ~~ n O _~ O. ~ ~ a ~o ~v ~ 3' C m v \~ c\~.,t\ V 7C a v O 3 Ol o~ C Q A o ~' ~ ~ ~ ' -~ ~~~ ~ ~ ~ `.~ 3 ~ ~ a o~ ~ ~ a d ~~~ ~•' 2a _ 3 ~ ~. ~ ~ c c ~ _ c - ;' 3 ~ a~ V~ ~ ~~ c~~ o ~ ~ 1 ' ~' ~ f~ A ~ ~ ~ _ ~ !'~ ~ O ~Q ~;} ~3 ~ ~ n~ e y = rt C ~ Q ~ ' a ~ ~ ~ ~ ~/J V o >> a~ ~ 3 O ~ f A D G ? ~ y "' .. Ot ~ \. ~ O O ~ ~ 4 4 -C ,~ N ~~ S • G ; ~) ? ~ ~ 4 ~-` ~. ~ o ~' c. a m N `I -} ~ c~ ~ ~ n .~ ~ -~ n O L ~ c b ~ ~J ~Q c m n v s y 0 m c fi 0 3. C ~ ~ ~ 4 A ~ ~, 2~ a ~ rt ~" ~, 3 t° 3 n~ ~~ a no ~~ ~~ ~~ tn` ~ ~a ~ ~ a~ s3 ~~ =~ y ~. at ~~ ~ ~ ~ N O ~ ~~ ~a m v m (D ~. of 0 m C7 `~ ~ m 3 ~ m a ~ ~/ ~3 ~" ~ c ~C m 0 c~ 0 i U D a ~. m ~ ~ O a a m N N .-r n n 0 c A 0 s m 0 co c m 70 ~' O ~' ~'~ ~ a-~~~ ~ ~S v '~1 ~-Z ~. w ~ ~~ ~~~ cn Q To whom it may concern: p ------ APR 1 ~ 2007 CITY SECRETARY'S FFI E My name is Tyrous Ingram, and I am a homebuilder in Whittier Heights. The purpose of this letter is to express my concern over the new neighborhood by Toll Brothers. My specific concern pertains to the secluded pedestrian trail that would dead end behind the 250 year old barn the developer has restored. Please consider the proposed suggestions by the developer David Bagwell. He has put many hours of dedication in ensuring the integrity of these find neighborhoods are maintained. Please call with any questions at (972) 897-5558. Sincerely yours, v' ~'~r "1~ Cit of Colle~/V~~~e 100 Main Street ~{ '~~~~f ~ y ,7 Colleyville, Texas 76034 (817) 503-1000 "" Agenda Briefing vvww•colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 04/17/2007 Agenda No.: 4f Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of the Final plat for The Reserve at Colleyville being 82.1 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-06-019 Attachments: Location Map Concept Plan Plat History of Legislative File Version: Date: Acting Body: Action Text: 04/09/2007 Planning and Zoning Commission 04/17/2007 City Council Title Approval of the Final plat for The Reserve at Colleyville being 82.1 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-06-019 Explanation Reading and Public Hearing RP25 Development, L.P. is the applicant for an 82.1-acre proposed subdivision located on the north side of Murphy Road, east of Precinct Line Road. The developer has submitted a Final Plat to divide the property into 149 single-family residential lots and seven open space lots. City Council approved the preliminary plat on August 15, 2005. The following is an analysis of the issues associated with this final plat. Zoning. The proposed development is located in a PUD-R (Ordinance 0-99-1153) zoning district. The subject property was originally included in the site for the proposed Glenwood development. Portions of the Glenwood development later became platted as Whittier Heights and Old Grove Additions. The final plat has been reviewed per the regulations of the Land Development Code and the standards contained in the PUD-R ordinance for this development. Trails. The 2005 Colleyville Pathways Plan requires a 10-foot wide east/west trail along the northern portion of this property. The 10-foot wide trail is shown on the plat exhibit extending along the northern perimeter of this development. In order to provide additional access to the trail, the applicant has provided access easements extending from Rembrandt to the portions of the trail that end at the property lines. The developer is required to City of Colleyville Page 1 Printed on 4/13/2007 Agenda Briefing Continued construct the trail system as part of the public improvements for this property. Sidewalks. Sidewalks are required along all interior streets. The internal sidewalks must be at least 4-feet wide, and must be installed when any new residence is constructed on a lot. Perimeter Street Improvement Requirements. Perimeter street improvements are required for this property since Murphy Road is considered an unimproved street. The applicant has indicated that Murphy Road will be paved to the full width and will include connections that will permit the adjacent out-parcel property owners to access Murphy Road. The applicant has acknowledged and agreed to the roadway improvements for Murphy Road from Herbert Street to the western portion of this development. Access. Access to the development will be along Murphy Road. The approved preliminary plat indicated a secondary access roadway to the development, located along the northern portion of the property, was going to extend from Rembrandt to Bandit Trail. The off-site access easement that was to provide this roadway has been eliminated from the final plat. The final plat now includes a 24-foot access easement that extends from Bach to Murphy Road, which provides emergency access to the development. The access easement will be constructed in accordance with City standards and will be utilized as a secondary point of entry for emergency services. The access easement has been reviewed and accepted by the Fire and Engineering Departments. The intent of the 24-foot access easement shown on the final plat is to provide an emergency access entrance into the development until such time as The Reserve at Colleyville, Phase II, is developed. The applicant has submitted a zoning request and preliminary plat for The Reserve at Colleyville, Phase II, which will be located south of Monet and south of Bach, adjacent to Phase I (see attached concept plan). The Reserve at Colleyville, Phase II, will provide a public roadway connection to Murphy Road that will be designed and constructed in accordance with the Land Development Code and will replace the 24-foot access easement. The applicant has indicated that The Reserve at Colleyville, Phases I and II, will be constructed concurrently and the 24-foot temporary access easement will not be needed. In the event Phases I and II are not constructed concurrently, the access easement will provide a secondary entrance for emergency service vehicles. Drainage and Stormwater Runoff. The developer has submitted a drainage study of the site, which has been reviewed and accepted by the Colleyville Engineering Department. According to the drainage study, the development will provide on-site detention. The detention structures will release the runoff at a rate equivalent to that of pre-developed conditions. Sanitary Sewer. A lift station and a force main will be utilized to handle the sanitary sewer for the portion of the development that is unable to tie into the existing sanitary sewer system. The construction plans have been reviewed and accepted by the Colleyville Engineering Department. A separate City-Developer Agreement will provide the escrow of funds for the future maintenance of the lift station. Parkland Dedication Fees. Parkland Dedication fees are due at the time of approval of City of Colleyville Page 2 Printed on 4/13/2007 Agenda Briegng Continued the final plat. The fee for residential uses is $1,802 per residential lot. The fee must be paid before the plat is recorded with the County Clerk's Office. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the final plat at the April 9, 2007 meeting with a vote of 5-0. Summary. The proposed development satisfies the requirements of the Land Development Code. Financial Impact It has been determined that there is no financial impact. 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', ~I I Il.~ ~ ~ ~ s l ; ' y ~r ~= ~g~~ ~R ~ ~~ ®~9§e~ ~g~~l ii ~I lil ~ 5 ~ ~ i~ ~ S s Goo I~ 1ii 111 hie R 9 ~ li~i y q?e I II ~ ~ ~ n ~ `~ ~ a ~ O ~~,~ $ ~§_gF 3 II i I i I i i l i ii } '~ ~ dy~'~°~ ~a ~•a.a II~I'I O~~d ~ ~ 4 ~~~~< la 3Zy iii C ~ ~4 I ^ ll ll 3 ~ ~r a .: l it ~ 5 ~. yy a $ ~ l ~ ~ ~G~ a l•a p ~ ~~3° :~~ ~~ s ~~a g ~~ ~~ I E ~a ~ f d_ __$ ~- ~ ~la f ~~_ C Y a - ai` _d ss a a= 3~' a a ! a of 5q tli 5q ii 5 a_ R4: : o ° a 6 - S -- &a' ~ ~ ~ e ~~ a~ ~ _ ~ ~~ ~ x a - - °s 's "c~- 68 3 9 38 3's =e ~e a°:-. 35 --- - 3 3 333 5 5's3 53 5 353 53 '33 53 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: Second Reading Controlling Body: City Council Version: Agenda Date: 04/17/2007 Agenda No.: 5a 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: 04/03/2007 City Council 04/17/2007 City Council Title Approval to amend and replace Ordinance 0-90-797 providing for the Records Management Program Explanation Second Reading and Public Hearing 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 City of Colleyville Page 1 Printed on 4/12/2007 Agenda Briefing Continued (0-07-1616) records, saves storage space and cost, manages records efficiently and the retrieval system makes locating documents fast and easy. 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 4/12/2007 10 11 12 13 14 15 16 17 1 e/J~ro IO~ ~ ,'31) ~;l< . Jtf 2 ORDINANCE 0-90-797 3 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF A RECORDS MANAGEMENT PROGRAM FOR THE CITY OF COLLEYVILLE t 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 t 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 DEVELOPEDt APPROVAL, FILING WITH STATE; PROVIDING FOR IMPLEMENTATION OF RECORDS CONTROL SCHEDULESt 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. 4 5 6 7 8 9 WHEREASt Title 6t Subtitle Ct 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 t THEREFORE t BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: 19 20 21 22 23 24 25 26 Sec. 1. DEFINITION OF MUNICIPALITY RECORDS. All documentst papers, letters, bookst maps, photographs, sound or video recordings, microfilmt magnetic tapet electronic media, or other information recording mediat 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 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE 0-90-797 1 2 3 4 Sec. 2. 5 6 7 8 9 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. 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance 0-90-797 1 2 (7) "Records management committee" means the committee established in Section 6 of this Ordinance. 3 4 (8) "Records management officer" means the person designated in Section 5 of this Ordinance. 5 (9) "Records management plan" means the plan developed under Section 7 of this Ordinance. 6 (10) "Retention period" means the plan developed under Section 7 of this Ordinance. 7 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. 8 9 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. DESIGNATION 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: 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE 0-90-797 1 2 3 4 5 6 7 8 9 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 Counci I 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. 4 ORDINANCE 0-90-797 1 2 3 Sec. 8. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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; prescribe records standards, and plan, formulate, and policies, systems, (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; 5 ORDINANCE 0-90-797 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Sec. 9. 18 19 20 21 22 23 24 25 26 (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 Municipality 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 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE 0-90-797 1 2 3 (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. 4 5 6 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. 7 8 9 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; 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE 0-90-797 1 2 3 (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. 4 5 6 7 8 (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. 9 (c) Before its adoption a records control schedule or amended schedule for a Department must be approved by the Department Head and the members of the Records Management Committee. (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. If 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 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE 0-90-797 1 2 3 in the not for writing to the Records Management Committee (or Records Management Officer if a Committee has been established) that the record be retained an additional period. 4 5 (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. 6 7 8 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. 9 Sec. 15. RECORDS CENTER. A records center, developed pursuant to the plan required by Section 7, shall be under the direct control and superv1s1on 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 eligibili ty 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. 9 ORDINANCE 0-90-797 1 2 3 Sec. 17. REPEAL OF ORDINANCE IN CONF'LICT. in conflict herewith are hereby to the extent of such conflict. That all Ordinances repealed, but only 4 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. 5 6 7 8 9 Sec. 19. EFFECTIVE DATE. This Ordinance shall be effective from and after the date of its passage. 10 AND IT IS SO ORDERED. 11 conducted on the 12 The fi~t reading anq. ,tbliC ,earing being ,~T. f day of -y.... .-z':-t J.'I'/ /1f.t ., 1990. Th~be:i?nd reading a~z p~?li9 hearing being , ( day of () ih1Jhk ,1990. The thi~d reading arfJ public., hearing being Ljty day of C.< J>11dLfIy , 1990. conducted on the conducted on the 13 14 15 .;f~ LaVada Johnson City Secretary CITY OF COLLEYVILLE 16 ~~ Chris Hawkins Mayor 17 18 ~.. ED AS TO FORM AND LEGALITY: ~T~ Ross T. Foster City Attorney 19 20 21 22 23 10 24 25 26 ORDINANCE 0-07-1616 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: Sec. 1. THAT all of the above premises are found to be true and correct and are hereby incorporated into the body of this Ordinance as if copied in their entirety herein. Sec. 2. 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 City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1 000 www.colleyville.com File Number: 0-07-1617 File Number: 0-07-1617 Version: 1 File Type: Ordinance Status: First Reading Requester: Community Development Department File Name: Approval for a Special Use Permit for alcohol sales on a portion of Lot 4, Block 1 of the Glade Points Addition located at 3930 Glade Road, Suite 126, Case Z-07-010 Agenda Date: 04/17/2007 Agenda No.: 6a Controlling Body: City Council Final Action: Attachments: Location and Zoning Map . Notification List. Statement of Planning Objectives . Zoning Exhibit. Ordinance 0-07-1617 History of Legislative File Version: Date: Acting Body: Action Text: 03/26/2007 Planning and Zoning Commission 04/17/2007 City Council Title Approval for a Special Use Permit for alcohol sales on a portion of Lot 4, Block 1 of the Glade Points Addition located at 3930 Glade Road, Suite 126, Case Z-07-010 Explanation First Reading and Public Hearing Kwang B. Ko is the owner of a proposed new Japanese restaurant that will be located in Suite 126 of the Glade Pointe Shopping Center at 3930 Glade Road, a vacant suite previously occupied by a deli. The property is owned by Gregory Commercial in Dallas, Texas, and the property owner has given permission to Mr. Ko to apply for a Special Use Permit for the sale of alcoholic beverages for on-premises consumption. Mr. Ko proposes to operate a 2,464 square foot restaurant on the site. Distance Requirements from Churches and Public Hospitals. The Colleyville City Code of Ordinances requires businesses that serve alcoholic beverages to 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. The property is in compliance with this requirement. Distance Requirements from Schools. The Colleyville City Code of Ordinances and State alcohol laws require a 300-foot distance separation between public and private school property and property where alcoholic beverages are sold. The distance is measured property line to property line. The property is in compliance with this requirement. City of Colleyville Page 1 Printed on 4/11/2007 Agenda Briefing Continued (0-07-1617) IMPACT ISSUES Master Plan. The Colleyville Master Plan designates the future use of this area for retail and commercial land uses. This request is consistent with the goals and objectives of the Master Plan. Surrounding Properties. The surrounding properties are developed as retail, a grocery store and restaurants. All the properties in the area are zoned CC2 Shopping Center Commercial. Development Trends. The long-term trend for this area is for commercial development. The property in the area is suitable for that type of development due to the property's location at the intersection of Glade Road and SH 121. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Quality restaurants are expected to generate 90 trips per 1,000 square feet of floor area on a weekday, on average. Based on this average, the proposed restaurant would add 223 vehicle trips per day to the surrounding roadways. Glade Road adjacent to this property is a four lane facility and adequate to handle the traffic generated by the proposed restaurant. Public Notification. Staff mailed notices to 30 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. No correspondence has been received regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the March 26, 2007 meeting by a vote of 5-0. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 4/11/2007 Location and Zoning Map OWNER NAME 4109 Gateway Ct Lie 5205 Heritage L1c, Ayers & Ayers Plaza Ltd Bench, Lilla Bradford Commercial Properties Classic Residential L1c Crawford Partnership Lp Dfw Wnm Ltd G Points Sc Ltd, Gateway Interests L1c Grantland Properties Grapevine-Colleyville ISD Greenway Glade Partners Lp Greenway-Heritage Partners Lp Hall, Charlie W Etux Helen F Industrial Bank Japan Tr Co Insight Capital Realty Co Ltd Inwenco USA Inc Kc Propco Holding I L1c Margmatt Ltd McMahan Real Estate L1c Mills, Gary W Partners In Gateway Success Rogers, Billie Charles Raljen L1c Ronald Walker Associates II Scott, Larry P & Laurie A L1c Sekin Family Holdings Ltd Smile Masters Ltd Together In Harvest Ministres John Ko, applicant Notification List OWNER ADDR 1452 Hughes Rd Ste 289 2500 State Hwy 121 #1116 4205 Gateway Dr Ste 100 3810 Glade Rd 3209 Walker PI PO Box 2085 4113 Gateway Dr Ste 100 1825 Wimbledon Dr 101 1St St Ste 476 4001 Gateway Dr Ste 100 PO Box 2085 3501 Ira E Woods Blvd 2808 Fairmount St Ste 100 2808 Fairmount St Ste 100 4200 Glade Rd 250 Parkcenter Blvd 4101 Gateway Dr 4501 Sunbelt Dr # B 650 NE Holladay St Ste 1400 1513 Michael Dr 6105 Tiffany Oaks Ln 305 Augusta Ct 4005 Gateway Dr # 200 3712 Glade Rd 5110 Heritage Ave 4009 Gateway Dr 1915 Yorkshire Ct 3609 Brookwood Blvd 2301 Castle Rock Rd 1005 Glade Rd 3609 Lofty Pines Lane OWNER OWNER CITY STATE Grapevine TX Euless TX Colleyville TX Colleyville TX Grapevine TX Colleyville TX Colleyville TX Arlington TX Los Altos CA Colleyville TX Colleyville TX Grapevine TX Dallas TX Dallas TX Colleyville TX Boise 10 Colleyville TX Addison TX Portland OR Bedford TX Arlington TX South lake TX Colleyville TX Colleyville TX Colleyville TX Colleyville TX Lincoln NE Bedford TX Arlington TX Colleyville TX Flower Moun TX OWNER ZIP SITUS_ADDR 76051 004109 Gateway Ct 76039 005205 Heritage Ave 76034 000000 Gateway Dr 76034 003810 Glade Rd 76051 005100 State Hwy 121 76034 004004 Gateway Dr 76034 004113 Gateway Ct 76017 005100 State Hwy 121 94022 003930 Glade Rd 76034 004001 Gateway Dr 76034 004008 Gateway Dr 76051 005401 Heritage Ave 75201 003920 Glade Rd 75201 005010 Heritage Ave 76034 002100 Glade Rd 83726 004000 Glade Rd 76034 004101 Gateway Ct 75001 005000 State Hwy 121 97232 005101 Heritage Ave 76022 004105 Gateway Ct 76016 005120 State Hwy 121 76092 004201 Gateway Dr 76034 004005 Gateway Dr 76034 003712 Glade Rd 76034 005110 Heritage Ave 76034 004009 Gateway Dr 68506 003830 Glade Rd 76021 004215 Gateway Dr 76006 004013 Gateway Dr 76034 004209 Gateway Dr 75028 ~"~~,~uu, ~g~~O ='/":":<+.:1/.:1.1.:1 KWUN t-t1 u-'A PAGE 84/84 STATEMENT OF PLANNING O~ Date; Pebruary 19. 2007 Location: 3930 Glade Rd.. Suite 126 Applicant: Kwang B. Ko 3609 Loft)' Pines Ln. Flower Mound TX 75028 D.B.A. : Sushi Nikko Special Use Pennit for the above l1u~ntioned location to serve alcoholic beverages is ~ought. The location i~ planned to be a Japanese restaurant ~crving various types of Japanese foods such as sushi, sashimi and roll. The restaurant will also provide selected types of steakM and cooked seafood in order to meet various customers' need. Alcoholic beverage such as beer, wine and sake is well hannonized with the proposed foods in the restaurant. I plan to develop the restaurant as one of the most renowned places in the city. Jo'resh foods and quality ~ervlce will be major pillars for the plan. .~ .. Zoning Exhibit t -z. ~ ! ~ - ~ ~-''TU_'' ~ ,tIS'" ....... ."1,'. WSMI ,,"', ~~ . S' ~ i"t'e J2G. /. &~~&~ D oL g ~ ~ I! "cO . 1 ill $ s' I ~ i S .11 ~ ~ ORDINANCE 0-07-1617 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A PORTION OF LOT 4, BLOCK 1 OF THE GLADE POINTS ADDITION, LOCATED AT 3930 GLADE ROAD, SUITE 126, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION IN A RESTAURANT SETTING; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-07-010; 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 Ordinance 0-07-1617 Page 2 of 3 property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. 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 changing the zoning on a portion of Lot 4, Block 1 of the Glade Points Addition, located at 3930 Glade Road, Suite 126, by authorizing a Special Use Permit for the sale of alcoholic beverages for on-premise consumption in a restaurant setting, as depicted on the attached Zoning Map, labeled as Exhibit "A" and the Location Map, labeled as Exhibit "B". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-07-1617 Page 3 of 3 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 Exhibit "A" - Zoning Map D NORTH Exhibit "B" - Location Map .. ~+~ ! ~N1'-ruN.~ ~ 'Sw:."" ~ ~,~~ S"\.Cit:e 126 I~WG"~ t ;:c .. ~ . () oL g i i1 ~ ~ 11 " ,S I 11 ~ Ii'.il ~ City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: R-07 -2828 File Number: R-07-2828 File Type: Resolution Status: Resolution Controlling Body: City Council Version: Agenda Date: 04/17/2007 Agenda No.: 7a Final Action: Requester: Office of the City Secretary File Name: Approval to amend Resolution R-00-1647, changing the day of the National Night Out event Attachments: Resolution R-00-1647.pdf' Resolution R-07-2828.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 04/17/2007 City Council Title Approval to amend Resolution R-00-1647, changing the day of the National Night Out event Explanation Reading and Public Hearing On May 2, 2000, City Council approved Resolution R-00-1647 changing the day of the first regular City Council meeting in August to the first Wednesday to accomodate the National Night Out event. National Night Out is a unique crime and drug prevention event designed to heighten crime and drug prevention awareness and strengthen neighborhood spirit and police-community partnerships. The Texas Chisholm Trail Crime Prevention Association in conjunction with the Texas Crime Prevention Association changed the day of the National Night Out event to the second Tuesday in October in response to event participants. The proposed day coincides with Crime Prevention Month, does not conflict with summer vacation schedules and provides for cooler temperatures. This item provides for Council's consideration to change the day of National Night Out from the first Tuesday in August to the second Tuesday in October and returning the first City Council meeting in August to Tuesday. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 4/11/2007 RESOLUTION R-OO-1647 A RESOLUTION AMENDING THE DAYS OF THE FIRST REGULAR COUNCIL MEETINGS IN AUGUST AND NOVEMBER WHEREAS, regular City Council meetings are held on the first and third Tuesdays of each month; and WHEREAS, the annual National Night Out is held on the first Tuesday in August and the Council desires to participate in this event; and WHEREAS, elections are held annually in City Hall on the first Tuesday following the first Monday of each November; and WHEREAS, historically, the Council has changed their first regular meeting in November to accommodate the use of City Hall for the annual elections. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1: THAT the change in the first regular City Council meeting in August to the first Wednesday to accommodate the National Night Out events, is hereby approved. Sec. 2: THAT the change in the first regular City Council meeting in November to the first Wednesday to accommodate the use of City Hall for annual elections, is hereby approved. AND IT IS SO RESOLVED. pass.t\ by a vote of ___t:; ayes, of a V ' 2000. D nays, and 2n(} o abstentions on the ". day A TIEST: td~ CITY OF COLLEYVILLE J n Harris, TRMC, CMC City Secretary DO&~ Mayor RESOLUTION R-07 -2828 A RESOLUTION AMENDING RESOLUTION R-00-1647, CHANGING THE DAY OF THE NATIONAL NIGHT OUT EVENT WHEREAS, the first City Council meeting in August was moved to Wednesday to accommodate National Night Out, a crime and drug prevention event held the first Tuesday of the month; and WHEREAS, the Texas Chisholm Trail Crime Prevention Association and the Texas Crime Prevention Association changed the day of National Night Out to the second Tuesday in October in response to event participants; and WHEREAS, the City Council desires to continue participation in the event. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the National Night Out event will be moved from the first Tuesday in August to the second Tuesday in October. Sec. 2. THAT the first regular City Council meeting in August will be held the first Tuesday of the month. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _AYES, THIS THE DAY OF NAYS AND 2007. ABSTENTIONS, ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary David Kelly Mayor V W Q a ti 3 j d 1 V 0 N ~~ 0 O ai 1 C 4 .O m ~ o . s O V c 7 0 U ~ ~ U v O °~ L_ ~ ~ ~ N ~ 3 ,~ o y L ~ ~ ~3 Jo~ a .a Q m' E ~ 7 E ~v ~! t~ Q Z ``O Jo O C O t d H ~_ U L 0 d N ~ ~ w _~ C .~ w ~~ O O C C O~ eo __- w m~ y G ~ O 4 G ~ ~ ~~ y r.. c ~ E~ >_ e ~`' o ~v ~' O Ev y m O t ~, E ~' ~ ~ i ~ ~O ~ G w ~ m e= E =~ etc =tea ~~ N C cn a ~0 .~ 0 ~° Goileyviile, Texas, Land Development Code ~Drive>:^ray Spacing and t7esign Criteria EZesid ential Comc Description Street Drivewa Driv Classification IYltn Marc Min Driveway Throat Width Local 12 25 25 Minor Coll. 12 25 25 Manor Coll.. 16 ~_ j 25 ,_ 25 ,Arterial 20' ! 25' 25' Driveway Curb Radius ,Local _ 5 10 '; 10 ~, Mmor Coll. _ __ _. 5 , _ 10 10 Major Coll. ... 10' 10' 10 Arterial 15 ; 15' 20 Driveway Spacing Locate- 22 n!a 100' (centerline) Minor COIL __ 32' _. .. n/a 100' Major Coll: --- -- 80' __ n/a _ 150' Arterial 100' n/a __ 250' --~..-- Mmimum Distance -Local .. 30 n/a ~5' from Driveway to Minor COIL 50' n/a 100' Intersection (pi to pi) Maior Coll. 100' n/a 150' ' Arterial 100' n!a 180' Max. 35 _. 35...... , ',.... 35~ ... . ~_ ~o _. 20 _ 2Q - _ 30 ._.. it ~.... n/a __ _ n/a _ n/a .. n!a ._ nfa_ I _ nla ~' n!a n/a j r~ ~_, (, ~ \ 1 ~ ~ ~ I' ~ t _ ~ ~l ~ ~'~~/~~, ,~-~ !-' R ,l ~ .~,~ ~... ~:1 ~y ~ly.~ t ~` r' f J;'j ~J ! J `~` ~ I i ~~~ ~ _~ ~ ~ (%J~ - ~ , / ~~ _ ~1 ~~~ '~ `/ ~} .. ~ . ,~, ~,~'~' i i ~. Provision for Joint Approaches -Driveway approaches shall be located entirely within the frontage of the ~,'~' ~'~. premises they serve except that joint, or cooperative, driveways with adjoining property holders may be ~; ~ i , permitted by the Director of Public Works. When a joint drive approach is proposed by a developer, the .~` 1' request must be made by all interested parties andlor all property owners involved. Circular Driveway Approaches at Street Intersections -The Director of Public Works may approve a circular drive on a corner lot where both streets are residentially classified. G. Angle of Driveway Approach -The angle of the driveway approach with the curb line shall be ninety (90) degrees. H. Sidewalk to be Ramoved - Where a driveway approach is to be built, any existing sidewalk located within the proposed driveway location shall be removed and the entire area replaced as a driveway. The drive approach shaft extend to the property line. I. Driveways Crossing Ear Ditches 1. Culverf Size -The minimum culvert pipe size shall be 18" diameter. However, an engineered design that provides for a larger culvert pipe size may be required by the developer where the Director of Public Works determines that additional drainage capacity may be required. The ends of all culvert pipes shall be cut at a 6:1 slope. 2. Radrus - Drivevrays shall be constructed with the return curbs joining the edge of pavement at the street with a minimum ten-foot (10') radius. 3. Slope -The maximum slope from the edge of driveway to the top of the culvert pipe shall be 6:1. The sloped area around the end of the culvert pipe shall be sodded or hydra-mulched to resist erosion. 4. Cross ~lepe -The minimum cross slope on the drive shall be 1113 inch per foot. The minimum longitudina} slope between the edge of pavement at the street and the valley over the culvert pipe shall be 114 inch per foot. Chapter 14 -Engineering Design Standards Page 14 - 6 a t_ y. r-~ N C+ O .V p~ ~_ e~e~ E TA I~ii^IiY 25~ e...~^w..ewr ~~~~ a i ~~ ~--~~ "° ~ - ~ _.~ ~ °d ~~~~ ~~~ ~ $~ 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: Reports - April 17, 2007 File Type: Report Agenda Date: 04/17/2007 Agenda No.: 9 Status: Reports Controlling Body: City Council Final Action: Attachments: Tax Increment Financing District Board Minutes - February 6,2006 . Sign Board of Appeals Minutes - May 9, 2006 · Senior Center Advisory Committee Minutes - February 15, 2007 . Library Board Minutes - March 5, 2007.pdf. Parks and Recreation Advisory Board Minutes - March 5, 2007 . Zoning Board of Adjustments Minutes - March 13, 2007 . Planning and Zoning Commission Minutes - March 26, 2007 History of Legislative File Version: Date: Acting Body: Action Text: 04/17/2007 City Council Title Tax Increment Financing District Board Minutes - February 6,2006 Sign Board of Appeals Minutes - May 9, 2006 Senior Center Advisory Committee Minutes - February 15, 2007 Library Board Minutes - March 5, 2007 Parks and Recreation Advisory Board Minutes - March 5, 2007 Zoning Board of Adjustments Minutes - March 13, 2007 Planning and Zoning Commission Minutes - March 26, 2007 City of Colleyville Page 1 Printed on 4/11/2007 city Of If} Texas PUBLIC NOTICE THE COLLEYVILLE TAX INCREMENT FINANCING DISTRICT BOARD WILL BE MEETING ON MONDAY, FEBRUARY 6, 2006, AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT THE COLLEYVILLE CITY HALL, 100 MAIN STREET, FOR THE FOLLOWING PURPOSE: 1. Call to Order 2. READING AND PUBLIC HEARING - Resolution R-06-01 - Approval of the Minutes of the Tax Increment Financing District Board of Directors meeting held on November 18, 2004 3. Review and discuss staff update on the current status of the Colleyville Tax Increment Financing District 4. Review and discuss proposed zoning changes for the Village at Colleyville 5. Review and discuss the Village at Colleyville Tax Increment Financing District Agreement 6. Presentation of Annual Tax Increment Financing District Report 7. READING AND PUBLIC HEARING - Resolution R-06-02 - Ratifying Tax Increment Financing District Board of Directors agenda action for the meeting of February 6, 2006 8. Adjournment I certify that the above notice was posted on the Bulletin Board at City Hall on Thursday, February 2, 2006, at 5:00 p.m. . ~ Cynthia Singleton City Secretary MINUTES OF THE COLLEYVILLE TAX INCREMENT FINANCING DISTRICT BOARD OF DIRECTORS MEETING FEBRUARY 6, 2006 The Tax Increment Financing District Board of Directors meeting was called to order by Chairman Rich Hendler on February 6, 2006, at 7:03 p.m. ROLL CALL: Directors Jon Ayers, Elaine Dolan, Tom Hart, Richard Newton, Larry Darlage, John Eubanks, Jane Sanford, Drenda Witt and Chairman Rich Hendler were present. City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Economic Development Director Scott Welmaker, Finance Director Terry Leake, Community Development Director Barry LeBaron, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 2. READING AND PUBLIC HEARING - Resolution R-06-01 - Approval of the Minutes of the Tax Increment Financing District Board of Directors meeting held on November 18, 2004 Chairman Rich Hendler opened the public hearing. There was no one present wishing to speak concerning this item and Chairman Hendler closed the public hearing. Director Newton moved to approve Resolution R-06-01. Director Darlage seconded the motion. Ayes: Directors Ayers, Dolan, Hart, Newton, Darlage, Eubanks, Sanford, Witt and Chairman Hendler Nays: None TIF BOARD MINUTES FEBRUARY 6, 2006 Chairman Hendler declared the motion carried. 3. Review and discuss staff update on the current status of the Colleyville Tax Increment Financing District Finance Director Terry Leake provided an overview of the Tax Increment Financing District (TIF) and answered questions of the Board. City Manager Bill Lindley provided an outline of the projects that are currently under review or design and are components of the Colleyville TIF project plan and answered questions of the Board. Chairman Rich Hendler reviewed the Public Infrastructure Projects listed in the original TI F agreement. City Manager Bill Lindley provided information regarding the modifications of the TIF schedule for the fire station. Finance Director Terry Leake provided information regarding the school district improvements. It was requested that the current TIF agreement be provided to the TIF Board members. Discussion ensued regarding the schedule of growth of the Tax Increment Financing District. 4. Review and discuss proposed zoning changes for the Village at Colleyville Community Development Director Barry LeBaron provided a history of the development of the Village at Colleyville and an overview of the proposed zoning for the development and answered questions of the Board. Discussion ensued regarding the number of Village at Colleyville residential units in the original zoning and the number of residential units in the proposed zoning, overall impact of the TIF project, total incremental value of the TIF District, the ability of the Village at Colleyville development to meet projections, the site plan and existing zoning and the site plan and proposed zoning, the advantages and disadvantages of the proposed zoning to the TIF District, the assignability of the rights and obligations of the Developer and the current number of parking spaces in the proposed zoning. 2 TIF BOARD MINUTES FEBRUARY 6, 2006 It was requested that the current and proposed number of public parking spaces in the Village at Colleyville be provided to the TIF Board. City Manager Bill Lindley provided information related to the development of retail space in Buildings "A" and "B". 5. Review and discuss the Village at Colleyville Tax Increment Financing District Agreement Finance Director Terry Leake provided an overview of the process for calculating the TI F payments to The Village at Colleyville. Discussion ensued regarding the projected Village at Colleyville TIF value versus the current value. Director Newton stated, "the development has the largest TIF agreement in the City of Colleyville at 7.5 million dollars and it was put in place to incentify the development to develop rapidly and to develop commercial and residential, it was specifically zoned to insure residential was contained and limited and the developer has requested that it be changed. I recommend that the City Council ask the developer to be willing to renegotiate how the TIF is structured to put it back in consistency with the original base line. I am taking the original zoning and original TIF agreement as the base line that was the agreement; that is fair, and if you want to change parameters on one side, you should adjust the other side to retain the original intent of incenting. I would like for the Board to agree to request that the Council, if they choose, to move forward with the zoning and before they approve ,any zoning, they ask the developer to agree to renegotiate around those parameters and pull in the timeframe for development." There was general consensus among the Board to agree with the recommendation. Discussion ensued regarding the advantages and disadvantages of renegotiating the proposed zoning request and structure of the TIF agreement. Director Ayers requested that the City Attorney provide information regarding the relationship of renegotiating the proposed zoning and contract zoning. City Attorney Matthew Boyle stated the provision in the agreement that was previously read, notes that the agreement can only be amended upon mutual agreement of the parties. He further stated that the City cannot under any circumstances unilaterally amend the TIF agreement. At the same time, the City cannot make any condition of zoning directly tied to any consideration up, down 3 TIF BOARD MINUTES FEBRUARY 6, 2006 or indifferent in respect to the TIF agreement. And so, if you anticipated a hypothetical dialogue between the City and the developer, such as, we would like to hold up your zoning pending a discussion of your agreement, you end up with a cart versus the horse discussion here of why in the world would the developer agree to amend his agreement in a matter that is unfavorable to him if he doesn't have a corresponding assurance on the other side. It is this corresponding assurance on the other side from the zoning standpoint, which would be illegal contract zoning. And as such, the City could not provide that kind of assurance. 6. Presentation of Annual Tax Increment Financing District Report Finance Director Terry Leake presented the Annual Tax Increment Financing District report. Director Newton requested that staff provide a comparison of the original Village at Colleyville TIF agreement projection and the proposed TIF projection summary table. 7. READING AND PUBLIC HEARING - Resolution R-06-02 - Ratifying Tax Increment Financing District Board of Directors agenda action for the meeting of February 6, 2006 This resolution was not needed. 8. Adjournment There being no further business before the Tax Increment Financing District Board of Directors, Chairman Hendler adjourned the meeting at 9:12 p.m. APPROVED BY A VOTE OF S- AYES, 0 NAYS AND 0 ABSTENTIONS, THIS THE .y~ DAY OF ~ 2007. 4 SIGN BOARD OF APPEALS MINUTES OF MEETING - MAY 9, 2006 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on May 9, 2006 ROLL CALL Present: Rich Munson, Lisa Kenney, Skip Reynolds, Dee McNosky, Ed Moore, Larry Knox (Alternate 1) Alternates: Uton Dellosso (Alternate 2) Staff: Barry LeBaron and Chris Fuller APPROVAL OF MINUTES Ed Moore recommended clarification for the second sentence on page 3 of the March 14,2006 meeting minutes. Skip Reynolds suggested the sentence should read: "Skip Reynolds stated that the applicant has not requested those conditions, and that he would not be in favor of approving any provisions for this sign." Skip Reynolds made motion to approve the meeting minutes with the correction for the second sentence on page 3. Rich Munson seconded. The motion passed by acclamation. AGENDA ITEMS 1. Case G-06-013 - PUBLIC HEARING - Request by Environmental Branding Inc. for a variance from the Sign Regulations regarding a monument sign on Lot 1, Block 1, of the Highland Meadows Christian Church Addition, located at 2600 Hall Johnson Road Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Chris Grimes, 2760 Trinity Mills, Carrollton, representing the applicant, came forward to present the case and brief the Board members. Bill Groom, 4904 Eversham Court, spoke in favor of the request, stating the sign will be an attractive feature. Chairman McNosky asked if there was anyone else wishing to speak regarding this variance request. There being none, the public hearing closed at 7:05 P.M. Ed Moore questioned Mr. Grimes what will be done with the current sign on the property? Mr. Grimes replied the sign will be disposed of. Skip Reynolds questioned Mr. Grimes regarding how many acres does the church sit on? Mr. Grimes replied about 71/2 acres. Skip Reynolds questioned Mr. Grimes regarding how tall is the tall is the main part of the church in the auditorium, at the tallest point of the church? Mr. Grimes replied about 30 feet in interior, the exterior may be 35 feet. Skip Reynolds questioned Mr. Grimes regarding how many square feet are contained in the church? Mr. Grimes replied somewhere around 65,000 square feet. Sign Board of Appeals Minutes - May 9, 2006 Page 1 of 3 Lisa Kenney questioned Mr. Grimes regarding the actual square footage of the proposed sign, the part that is hanging down that would have the message on it? Mr. Grimes replied approximately 40 square feet. Rich Munson stated for clarity, that Mr. Grimes said the current sign is difficult to read, however the new sign appears to be cluttered as well. Mr. Grimes stated the new sign has much less on the sign than the current sign. Larry Knox questioned Mr. Grimes if the sign is going to be constructed by a registered architect and is his seal going to be on the sign structure? Mr. Grimes replied correct. Ed Moore stated the sign board regulations have been gone through for a number of years and the requirements for the signs have been pretty well designed. Ed Moore questioned staff regarding if there have been any signs approved of this nature? Barry LeBaron replied there is one on Tinker by a church that he thinks was approved. Skip Reynolds stated there was a building being constructed for a health facility and they requested a larger sign which was not going to place any safety hazards on the property, therefore the sign was approved. Ed Moore questioned staff regarding the view of the drawings, the people that are on the building, are those going to be placed on the building? Mr. Grimes stated those panels are included in the design of the building and those could be pictures or drawings but at this time did not know. Ed Moore questioned staff regarding if those would be permitted? Barry LeBaron replied that would be a separate issue not related to this sign and not affecting the sign. Barry LeBaron recalled a sign at Riverwalk and Glade that is unique that is a larger structure and has several signs. Barry LeBaron stated some of the churches in Colleyville are very large and sometimes the signs do need to be proportionate to the building. This gives the applicant an opportunity to come forward for you to consider. This sign is larger than a monument sign, but the architectural features go with the structure. Rich Munson stated this sign would help transaction the scale of the building. He stated seeing a lot of stuff going along on the building, the area appears to be cluttered, with the seating and panels on the structure to be constructed for the church. Lisa Kenney stated this board does allow unique circumstances, however, this goes far beyond the institutional signs code and this type of structure, the intent is far beyond the statute. Chairman McNosky asked if there was anyone else wishing to speak regarding this variance request. There being none, the public hearing closed at 7:05 P.M. Ed Moore made motion to deny case G-06-013 as written. Lisa Kenney seconded. The motion to deny failed, the vote being: Ayes: Kenney, Moore Nay: Reynolds, McNosky, Munson Skip Reynolds made motion to approve case G-06-013 as written due to the need for a larger sign and would not create a public safety hazard. The motion to approve failed, the vote being: Ayes: Reynolds, McNosky, Munson, Nay: Kenney, Moore Sign Board of Appeals Minutes - May 9, 2006 Page 2 of 3 Barry LeBaron stated a denial from the Sign Board allows the applicant to appeal to City Council. REPORTS AND COMMENTS None ADJOURNMENT Skip Reynolds made motion to adjourn. Lisa Kenney seconded. Vote was unanimous. The meeting adjourned at approximately 7:20 p.m. Amy Shelley Planning & Zoning Assistant Approved on: April 10, 2007 Note: As a matter of public record, an audio recording of this Zoning Board of Adjustment meeting is available upon request. Sign Board of Appeals Minutes - May 9, 2006 Page 3 of 3 city Of ilC9 Texas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, February 15, 2007 1 :30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1 :30 p.m. on Thursday, February 15, 2007 by Connie Hampton, Chair of the Committee. ROLL CALL: Connie Hampton, Debra Minea, Jack Olsen, Jim Moore, Lila Coley, Marion Jenkins and Patrecia Fox ABSENT: Councilman Mike Taylor, Councilman Tom Hart STAFF: Monica Walsh, Director of Parks and Recreation, Renee Garrett, Recreation Specialist and Dal Anderson, Assistant City Manager 1. Call to Order and Roll Call 2. Approval of the January 18, 2007 Senior Center Advisory Committee Minutes Lila Coley amended page 3 under Item 7, Discussion of Senior Center Wish List. The following paragraph is as stated in the January 18, 2007 minutes: "2) Lighting in large room: An electrician proposed sixteen (16) fluorescent 4 lamp wrap-arounds with two switches for an estimated cost of $5,000." This is the paragraph as corrected by Lila Coley: "2) Lighting in large room: An electrician proposed sixteen (16) fluorescent 4 lamp wrap-arounds with two switches for an estimated cost of $5,000. Councilman Mike Taylor suggested trying fluorescent light bulbs." Senior Center Advisory Committee February 15, 2007 Page 2 of 3 Monica Walsh amended page 3 under Item 7, Discussion of Senior Wish List. The following paragraph is as stated in the January 18, 2007 minutes: "4) More outside lights: It was recommended that a 35 foot pole with three (3) lights be installed that would completely illuminate the front of the building and the parking lot.. The cost is estimated to be about $1,000." This is the paragraph as corrected by Monica Walsh: "4) More outside lights: It was recommended that a 35 foot pole with three (3) lights be installed that would completely illuminate the front of the building and the parking lot. The cost is estimated to be about $8,000." Jim Moore moved to approve the minutes as amended. Jack Olsen seconded the motion. The motion carried with a unanimous vote. 3. Discussion and Consideration of Senior Center Wish List Some new light bulbs were installed in the large room of the Senior Center for a test. The seniors were satisfied with the test run. They directed staff to complete the rest of the area. Jim Moore moved to remove from the wish list Item 2 - Lighting in large room. Jack Olsen seconded the motion. The motion carried. 4. Discussion and Possible Future Action on Potential Changes in the Bylaws Monica Walsh, Director of Parks and Recreation, distributed the amended Senior Center Bylaws as approved by City Council at the February 6, 2007 meeting. 5. Discussion and Possible Future Action on Potential New Programs Connie Hampton discussed events and programs at a Grapevine Senior Advisory meeting she attended. Renee Garrett, Recreation Specialist, discussed the Texercise program. 6. Discussion on Items of Interest for Potential Future Action Jim Moore requested that "removing weightlifting equipment" be placed on the next agenda. Senior Center Advisory Committee February 15, 2007 Page 3 of 3 7. Reports - Staff and Committees Renee Garrett, Recreation Specialist, gave an overview of the senior activities and programs. Monica Walsh, Director of Parks and Recreation, discussed the Senior Center Open Space Master Plan Committee. Lila Coley will serve on the committee. The memo concerning the Senior Center Trail was discussed. Jim Moore reported on suggestions received in the suggestion box. The suggestions were: . Two of the treadmills need cup holders attached. . We need a fan on a table that will oscillate and cool all three treadmills. A comfortable room gets too hot when you are working out. 8. Citizens comments/presentations regarding items not on the agenda Barbara Kirkland discussed April as "Baby Month" at the Senior Center 9. Adjournment Marion Jenkins moved to adjourn at 2:35 p.m. Patrecia Fox seconded the motion. The motion carried. Respectfully submitted and approved: ~\ / / . ! \..::c~//^,,~,~....~- . .~'Cli.z. Dixie S~ Smith, Administrative Secretary COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES March 5, 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 and Carol Wollin Members absent: Mary Alice Rippe Alternates present: Nancy Bowen Alternates absent: Dennis Healy Ex-Officio Members present: Ginny Tigue, Ret Stansberger and Nancy Coplen Ex-Officio Members absent: Mayor David Kelly, Steve Banta and Dr. Larry Darlage Council Liaison present: Tony Licata Staff present: Mary Rodne II. Approval of February 12, 2007 Minutes - A motion was made by Carol Wollin and seconded by Susan Potter to approve the February 12, 2007 minutes as presented. Motion approved unanimously. III. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Rodne distributed Colleyville Public Library February 2007 Usage Statistics, for review and discussion. Patrons had checked out a total of 13,741 items, 88 Colleyville residents registered for library cards, library patron visits totaled 6,593, attendance for programs totaled 800 and volunteer hours totaled 178.25 hours. Rodne noted that the total circulation of library materials this year was 15% 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 $23,785.58 in donations in February. The donations included: $50 from the Saddlebrook Homeowners Association for the purchase of books in memory of residents John Colby and John Stanford, $50 from Becky and AI Prentice for the purchase of books in memory Robert Fontaine, $685.58 from the Friends of the Library for the purchase of a caterpillar display shelf for children's kits, and $23,000 from the Library Foundation. c. Programs Director Rodne reported that the Youth Services Winter/Spring 2007 programs were going very well and that attendance had increased over last year at this time. It was noted that both story time sessions for the one and two-year olds were filled and that staff was going to offer a third session which would be starting on March 8th. Rodne also noted that the Library was sponsoring a movie matinee during spring break. IV. LIBRARY LONG RANGE PLAN SECOND DRAFT Director Rodne presented an overview of the second draft long-range planning document. The Board reviewed and discussed the revised draft. Consensus of the Board was overall satisfaction with the document. It was noted that the Library usage statistics presented in a chart format were very informative, and the Board agreed that an additional chart depicting Library activities and resources should be included. Chair Nancy Eytcheson noted that suggested changes would be incorporated in the third draft of the document and presented for review, discussion and approval at the April 9, 2007, Library Board meeting. V. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT Carol Wollin presented a report for President Mary Alice Rippe. Wollin reported that the Friends had held a General Meeting and program featuring Texas Gardening with Master Gardner Ben Oefinger in the Library on February 15, 2007, and noted that the program had been well received by the 24 in attendance. Wollin 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. VI. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT President Ginny Tigue reported that the Library Foundation had held a meeting on February 26, 2007, and that the Board had discussed several fundraising options for 2007 and the development of a Foundation website. Tigue added that the Foundation had presented 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 March 26, 2007. VII. NEXT MEETING DATE Chair Nancy Eytcheson noted that the next Library Board meeting was scheduled on April 9, 2007. VIII. SUGGESTED ITEMS FOR FUTURE MEETINGS None IX. CITIZEN COMMENTS None X. ADJOURN: A motion was made by Pat Jones and seconded by Karen Birkes to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 7:40 p.m. city Of Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, March 5, 2007 6:30 p.m. Pat Horn called the meeting to order at 6:32 p.m. on Monday, March 5, 2007, at the Parks and Recreation office. ROLL CALL: Councilman Tony Licata, Bob Leininger, Joe Ben Hassell, Nancy Coplen, Pat Horn, Pete Riis, Sheryl Black, Steve Dalri and Vince Rosen ABSENT: Councilman Tom Hart, Connie Hampton STAFF: Monica Walsh, Director of Parks and Recreation, Luke DeFilippis, Recreation Supervisor and Dixie Smith, Administrative Secretary 1. Call to Order 2. Approval of the February 5, 2007 Parks and Recreation Advisory Board Minutes Steve Dalri moved to approve the February 5, 2007 Parks and Recreation Advisory Board minutes. Sheryl Black seconded the motion. The vote was unanimous. 3. Discussion and Consideration of Eagle Scout Project Justin Wells of Troop 28 presented his project to replace wood chips (fibar) playground surfacing in the Kidsville play area located in City Park. Pete Riis moved to approve the project. Steve Dalri seconded the motion. The vote was unanimous. Parks and Recreation Advisory Board March 5, 2007 Page 2 of 2 4. Discussion of Senior Center Open Space Master Plan Committee Member Sheryl Black and Pat Horn volunteered to serve on the Senior Center Open Space Master Plan Committee. 5. Recreation, Athletics, Tennis and Seniors' Reports Luke DeFilippis, Recreation Supervisor, provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. 6. Park Operations and Capital Improvement Status Reports Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. 7. Adjournment Joe Ben Hassell moved to adjourn at 7:19 p.m. Vince Rosen seconded the motion. The vote was unanimous. Respectfully submitted and approved: /i I. < irt.-tL,''l/ '. Dixie S~ Smith, Administrative Secretary AI. / / I ":::,/<,,A.."~"'~ ~.~t!-,:" City of Colleyville Minutes - Final Zoning Board of Adjustment 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com (rr~n ~le (1-,.'''' Tuesday, March 13, 2007 7:00 PM City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by staff on March 13, 2007 at 7:00 p.m. 2. ROLL CALL Present: Board members Skip Reynolds, Rich Munson, Ed Moore and Larry Knox (Alternate 1) and Uton Dellosso (Alternate 2) Absent: Board members Lisa Kenney and Dee McNosky Staff Present: Chris Fuller and Amy Shelley Board member Knox made motion to elect Board member Munson to chair the meeting. Board member Moore seconded. The motion carried by the following vote: Aye: 4 - Knox, Reynolds, Moore, Dellosso Nay: 1 - Munson Absent: 2 - Kenney, McNosky 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the February 13, 2007 meeting minutes as written. Board member Reynolds seconded. The motion carried by the following vote: Aye: 5 - Knox, Reynolds, Munson, Moore, Dellosso Absent: 2 - Kenney, McNosky 5. AGENDA ITEMS 5a Case A-07 -003- PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height requirements on Lots 3 and 4, Block 1 of the Fairway Addition located at 6609 and 6613 Herbert Road Chris Fuller presented the case and briefed the Board members. City of Colleyville Page 1 Printed on 4/11/2007 Zoning Board of Adjustment Minutes. Final March 13, 2007 Chairman Munson opened the public hearing at 7:10 p.m. Jamie Adams, the applicant, came forward to present the case and brief the Board members. Board member Reynolds questioned staff regarding if the property owner has signed the application? Chris Fuller replied yes. Mr. Adams stated for clarity that he is the applicant representing the owner. Chairman Munson questioned Mr. Adams regarding the pictures submitted appear to have the gate in place? Mr. Adams replied those are sample pictures for the type of fencing that the owners wish to install. Mr. Adams presented a letter in favor of the request to the Board members from an adjacent property owner. Chairman Munson questioned Mr. Adams regarding if there are any drawings showing the fence 10 feet off of the road? Mr. Adams replied no. He stated if the fence needs to be back a little further, they will comply. Chairman Munson questioned staff regarding what are the zoning set back requirements for these lots? Chris Fuller replied the front yard setbacks are 30 feet, the sides are 10 feet and the rear is 25 feet. Chairman Munson questioned if the zoning on this property is R20? Chris Fuller replied yes. Board member Moore questioned Mr. Adams regarding what are the plans for the adjacent lot? Mr. Adams replied there are not any plans, the lot is for privacy. Chairman Munson questioned Mr. Adams regarding what are the widths and depths of the lots? Mr. Adams referred to Andy Butler of Thomas Cole Custom Homes, the builder, to answer the question. Mr. Butler replied the lot that the home is built on is 6613 Herbert Road and that lot is 160 feet by 240 feet. Mr. Adams stated the adjacent lot is one acre. There being no one wishing to speak, the public hearing was closed at 7:19 p.m. Board member Reynolds questioned staff, for guidance, regarding if the applicant is not the property owner, can the Board move forward? He also stated the presentation was not very well prepared, there are not precise measurements or diagrams. He stated staffs recommendation City of Colleyville Page 2 Printed on 4/11/2007 Zoning Board of Adjustment Minutes - Final March 13, 2007 needs to be considered as well. Chris Fuller replied that State law allows the applicant to represent the property owner as long as the property owner consents. He stated, in this case, the property owner has signed the application, therefore giving consent to the applicant. However, if the Board is uncomfortable with that, the applicant or the property owner can be directed with whatever the Board recommends. He stated it is legal to consider the application since the property owner has given consent, however, it is at the discretion of the Board. Chairman Munson concurred with staff and stated the application appears to be in order. He stated he would like to see more information presented for this case. He stated usually there is a hardship which requires a variance request. He stated there is really not a hardship in this case. Board member Dellosso questioned staff how many feet are requested in the variance? Chris Fuller replied 30 feet, if the setback is 30 feet from the property line as requested to build on the property line. He stated the other portion is that the Land Development Code restricts the height of perimeter fencing to 30 inches, if it is on the property line and because this is not a perimeter fence of the entire neighborhood, only a perimeter of these two lots. He stated the variance is really for the height of the fence not the location of the fence. Board member Dellosso stated this is going to be a nice home, 6,000 square feet and the perimeter fencing would be an added feature. Mr. Adams replied correct, 6,000 square feet. He stated there are other types of fencing in the neighborhood as well as other parts of Colleyville. Chairman Munson stated most of the perimeter fencing in other parts of Colleyville is around one lot subdivisions. Board member Dellosso stated there is technically not a hardship in this case. Board member Reynolds stated if the Board has no authority to do something, the rules can not be re-written. Board member Dellosso questioned staff if there is applicant can do? Mr. Adams replied he understood could join the two properties together as one lot and subdivision and put a perimeter fence around it then. staff would meet with the applicant and discuss alternatives. anything else the from staff that he create the one lot Chris Fuller stated Board member Dellosso concurred with staff and stated to Mr. Adams that there is technically no hardship for this variance request. City of Colleyville Page 3 Printed on 4/11/2007 Zoning Board of Adjustment Minutes - Final March 13, 2007 Mr. Adams questioned what would be considered a hardship? Chairman Munson replied mature trees that may have been threatened. He stated there is not a site plan or a layout and dimension plan, photos of the property or a summary of existing vegetation on the property which may help support the case. The Board only has the applicant asking for this fence. Board member Reynolds stated there are not any topographies presented either. Chairman Munson also stated public safety is an issue. He stated there has not been enough information presented tonight for the Board to make a decision at this time. Mr. Butler came forward and presented a picture of the property. Board member Moore stated it is not the responsibility of the Board to define hardship. He stated it is the responsibility of the applicant to present a hardship. Board member Reynolds stated if the hardship is for security, while that is significant, however, security has not been presented as a hardship in the past. Chairman Munson stated the application can be withdrawn or it can be requested that the Board table the case. Mr. Adams requested that the Board table the request so that he could meet with staff. Board member Reynolds moved to table case A-07-003. Board member Moore seconded. The motion carried by the following vote: Aye: 5 - Knox, Reynolds, Munson, Moore, Dellosso Absent: 2 - Kenney, McNosky 6. TABLED ITEMS 6a Case A-07-001- PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding rear setback requirements on Lot 4, Block 1 of the Rosewood Villas Addition located at 6508 Bordeaux Park Board member Moore moved to remove case A-07-001 from the tabled items. Board member Reynolds seconded. The motion carried by the following vote: Aye: 5 - Knox, Reynolds, Munson, Moore, Dellosso Absent: 2 - Kenney, McNosky Chris Fuller presented the case and briefed the Board members and stated the applicant is not present for the meeting. City of COlleyville Page 4 Printed on 4/11/2007 Zoning Board of Adjustment Minutes - Final March 13, 2007 Board member Reynolds moved to table case A-07-001. Board member Dellosso seconded. The motion carried by the following vote: Aye: 5 - Knox, Reynolds, Munson, Moore, Dellosso Absent: 2 - Kenney, McNosky 7. REPORTS AND COMMENTS None 8. ADJOURNMENT The meeting adjourned at 7:35 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 Meeting minutes approved on April 10, 2007. City of Colleyville Page 5 Printed on 4/11/2007 ~ .~t): .., -,",^<-:.--:.>,,.. ~e , '..' r,';"... City of Colleyville Minutes - Final Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, March 26, 2007 7:00 PM City Council Chambers 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY A TTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on March 26, 2007 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Dave Dudziak, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly Absent: Commissioner Scott Redfearn Staff Present: Chris Fuller, Robert McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Duffy. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Byerly stated the minutes for the March 12, 2007 meeting have him calling the meeting to order, however, he was absent. He stated Commissioner Duffy called the meeting to order. Commissioner Dudziak moved to approve the March 12, 2007 meeting minutes with the correction stated by Commissioner Byerly. Commissioner Taylor seconded. City of Colleyville Page 1 Printed on 4/10/2007 Planning and Zoning Commission Minutes - Final March 26, 2007 The motion carried by the following vote: Aye: 5 - Dudziak, Taylor, Phelps, Duffy, Byerly Absent: 1 - Redfearn 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a Minor plat for .65 acres in the S.C.H. Witten Survey being Lot 1, Block 1 of the Montclair Pointe Addition located at 5504 Montclair Drive, Case P-07-012 Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff if the lot will be cleaned? Chris Fuller replied the applicant is going to build a new structure, therefore, the lot will be cleaned. Commissioner Dudziak questioned staff regarding if the building line on this lot could be lined up with the other building lines on Montclair? Chris Fuller replied the right of way for Montclair Drive was different when the adjoining lot was platted, therefore making the building lines not line up the same. Commissioner Phelps suggested leaving the building line with the new standards, as submitted. Commissioner Duffy moved to approve case P-07-012 as submitted. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 5 - Dudziak, Taylor, Phelps, Duffy, Byerly Absent: 1 - Redfearn 8. PUBLIC HEARING AGENDA ITEMS 8a Approval for a Special Use Permit for alcohol sales on a portion of Lot 4, Block 1 of the Glade Points Addition located at 3930 Glade Road, Suite 126, Case Z-07-010 Chris Fuller presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff if this is a beer and wine application, and is that not different than a liquor application? Chris Fuller replied the Special Use Permit application is for the on-premise City of Colleyville Page 2 Printed on 4/10/2007 Planning and Zoning Commission Minutes - Final March 26, 2007 sale of alcoholic beverages. He stated the Texas Alcoholic Beverage Commission makes the determination between what is being served. Commissioner Duffy questioned staff if the Special Use Permit can be as specific as necessary? Chris Fuller replied yes. Commissioner Byerly opened the public hearing at 7:10 p.m. Shawn Ko, the applicant's son, came forward to present the case and answer questions. He stated the only alcoholic beverages that will be served are wine and beer. Commissioner Dudziak questioned Mr. Ko for clarity regarding the hours of operation? Mr. Ko replied the restaurant will close at 9:30 p.m. Commissioner Byerly questioned staff regarding if Special Use Permits specifically state only beer and wine? Chris Fuller replied not typically. There being no one wishing to speak, the public hearing was closed at 7:12 p.m. Commissioner Duffy moved to approve case Z-07-010. Dudziak seconded. The motion carried by the following vote: Commissioner Aye: 5 - Dudziak, Taylor, Phelps, Duffy, Byerly Absent: 1 - Redfearn 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Chris Fuller told the Commissioners that Barry LeBaron's last day will be Friday, March 30,2007. 10. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Duffy stated that if the Commission denies an application of any sort and the denial is upheld by City Council, any resubmittal will come back to the Planning and Zoning Commission before being forwarded to City Council. Chris Fuller stated if there are no other special exceptions or conditions, then that is true. 11. ADJOURNMENT There being no further business before the Planning and Zoning Commission, the meeting adjourned at 7:13 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, March 22, 2007 by 5:00 p.m. City of Colleyville Page 3 Printed on 4/10/2007 Planning and Zoning Commission Minutes. Final March 26, 2007 Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on April 9, 2007. City of Colleyville Page 4 Printed on 4/10/2007 RESOLUTION R-07 -2829 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF APRIL 17, 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