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Home My WebLink AboutCity Council-Agenda Packets-7/17/2007~~~ ~, ~'i1 "~ •~, ,... City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, July 17, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION CALL TO ORDER -ROLL CALL 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of selecting tentative dates to meet with the GCISD Board of Trustees, Colleyville Area Chamber of Commerce, Parks and Recreation Advisory Board and the Planning and Zoning Commission PC-2 Update of the status of construction projects, associated rain days and discussion on water conservation PC-3 Update of the status of the SH26 Reconstruction Project PC-4 Presentation of the Monthly Financial Report -June 2007 PC-5 Presentation of the Quarterly Budget Update PC-6 Discussion and nomination of the Regional Transportation Council (RTC) representative PC-7 Discussion of the July 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 pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association, and Henderson Butane, L.P., d/b/a/ Henderson Oil & Butane v. City of Colleyville City of Colleyville Page 1 Printed on 7/13/2007 City Council Agenda July 17, 2007 Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Attorney Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING CALL TO ORDER -ROLL CALL 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Rabbi Charlie Cytron-Walker, Congregation Beth Israel 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-07-2856 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2857 4a Approval of the minutes of the regular City Council meeting of July 10, 2007 4b Approval of a construction contract with C. Green Scaping, LP, for the 2007 Sidewalk Improvements, in the amount of $34,855.00, and authorize the City Manager to execute the contract 4c Approval of bid award for health insurance to United Health Care and dental insurance to Ameritas City of Colleyville Page 2 Printed on 7/13/2007 City Council Agenda July 17, 2007 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1625 Approval of a Special Use Permit for a carport on Lot 8, Block 5 of the Woodbriar Estates West Addition located at 3717 Brentwood Court, Case Z-07-017 5b 0-07-1626 Approval of a request for a zoning change from R20-Single Family Residential to R40-Single Family Residential on 1.86 acres out of the O.C. Strum Survey located at 5904 Bransford Road, Case Z-07-021 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-07-2858 Approval of a Refund of the perimeter street fees for Lot 2, Block A of the Hampton Addition located at 2301 Glade Road, G-07-012 6b R-07-2859 Approval to amend and replace Resolution R-06-2721, adopting Rules of Procedure for Council meetings pursuant to the authority granted in Section 3.096 of the City Charter and establishing an effective date 6c R-07-2860 Approval to suspend the proposal by Atmos Energy Corporation, Mid-Tex Division to implement interim Gas Reliability Infrastructure Program rate adjustments 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Senior Center Advisory Committee Minutes -May 17, 2007 Planning and Zoning Commission Minutes -June 11, 2007 Planning and Zoning Commission Minutes -June 25, 2007 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 17, 2007 - Reading and Public Hearing -Resolution R-07-2861 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, July 13, 2007, by 5:00 p.m. City of Colleyville Page 3 Printed on 7/13/2007 City Council Agenda July 17, 2007 1 r~. ~ (J ' .~~ ~. ~ ~~ Cynthia Singleton, TRMC, C C 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 7/13/2007 i~~' w Cit of Colle V~~~e 100 Main Street ((~ ~ ~ Y Y Colleyville, Texas 76034 `~' (817) 503-1000 ~~~~~~ Agenda Briefing www•colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Office of the City Manager Agenda Date: 07/17/2007 Agenda No.: PC-1 Controlling Body: City Council Final Action: File Name: Discussion of selecting tentative dates to meet with GCISD Board of Trustees, Colleyville Area Chamber of Commerce, Parks and Recreation Advisory Board and the Planning and Zoning Commission Attachments: City-GCISD-Chamber Calendar.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/17/2007 City Council Title Discussion of selecting tentative dates to meet with the GCISD Board of Trustees, Colleyville Area Chamber of Commerce, Parks and Recreation Advisory Board and the Planning and Zoning Commission Explanation This item is provided as an opportunity for the City Council to consider possible dates for separate meetings with the GCISD Board of Trustees, Colleyville Area Chamber of Commerce, Colleyville Parks and Recreation Advisory Board and the Colleyville Planning and Zoning Commission. In past years, Council has met with each organization in the later fall months. To assist in selecting available dates, calendars for the months of September, October and November 2007, noting scheduled meetings for each organization, are attached. City of Colleyville Page 1 Printed on 7/9/2007 N 01 r N M ~ 00 r N N 1~ r N N O O N i ~ ~ N N ~ W N w0~ ~ y ~~V Q W ~ = O~ ~ V m - ~ ~ ~ N W J J V W -~ J V 'J Z >J Z y O W J U WO J V O~ O~ ~, V C~ ~ oo V V N ~ ~ Q J E- ~ Q W~ J Q~ stn ~ Q W W~ J Q U, W~ OW W J Z ~N ~ W QW ~ '~ oQC)WW ~aocc~cn ~C~ zZ O~ ~m Zz ~O C~~ °° JQ OH mcn o Oc)H~O wZZ ZN yob ~~- wZZ JZN aQz =Z~ 0~ ~ Q~QOV J ~ J OQ ~ t)w OQ vz0 H C)LL o Vd CEO T N Ua Q~ CEO M 1~ r N N ~ ~ N N ~ N ~ w ~ ~ N O O N ~ o~ Q ~ r ~ N O ~ N LL w0~ O '~ aw ~ a =O~ ~ U m~ M r N M W J JU J? W J J(~ ~ ~ ~ O JU O ~2 O JU O~ Zz O~ NUC) ~ c~c UU N M 0 ~} Z_~ DV) ~ W ~QW W~ J Z JQ }W p V ti0 D J Z JQ ~ W QW ~ W ~ m~ ~ ~ Z m O ~ Z Z H m ~ Y y ~~> U 0 ~~~ N H Z JZO Z 0 2C)J JZO ~~ ~ Q aWQ ~ ~ U~ J N OQ ~~ V JF- J Z N O H V ti r 00 c)a Ocn VQ ~, N Ua ~O a~ 00 r N N x - ~ ~ ~ ~ ~ ~ N z° M ~ ~ N W N LL ;b ~ Q O M Z ao UW N Q1 Q r 2 O N~ V O J Q N ~ ~ a Wx W v Z c~ ZW Z`t m ~ ~ U J Q? ~ NO ~ UZ V Za ' a 2 ~ N ~ W N ~ 00 r I- 2 O W N a ~ ~ ~ y m p aaw ~ W Z v0~ r N N m ~ 1~ JQ = a ~ y ~ ~ h k ~ ~ N N ~ J ~ Z - ~Z~~ J Z O N a~ QW W Z ~ao , W N > Z m > Z Z Y J~UD W? ? JZN cn W J N oaWa H oa ~~. Z oa U ~ ~Va CEO ~ va ~ N "'~ ~ City of Colleyville Colleyville,aTexas 76034 '`~. ~ .fir (817) 503-1000 ~~=~~~~ Agenda Briefing www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Engineering Department Agenda Date: 07/17/2007 Agenda No.: PC-2 Controlling Body: City Council Final Action: File Name: Update of the status of construction projects, associated rain days and discussion on water conservation Attachments: Construction Projects Update Spreadsheet History of Legislative File Version: Date: Acting Body: Action Text: 1 07/17/2007 City Council Title Update of the status of construction projects, associated rain days and discussion on water conservation Explanation Several municipal construction projects are underway in the Public Works, Fire and Parks Departments. Since the beginning of this calendar year, the frequency and intensity of rainfall has had a significant effect on the progress of each project. The attached spreadsheet provides an update of the construction projects for each Department. City Council approved an ordinance in August 2006, which created an updated Water Conservation and Drought Contingency Plan. Despite the continued rainfall that has significantly impacted many residents, as well as all municipal and private development, the provisions of the ordinance places our community currently in a Stage I level of water restrictions. This level of restriction is driven by calendar dates rather than actual severity of drought conditions, and prohibits property owners from watering between the hours of 10:00 a.m. and 6:00 p.m. An exception is made for the use of hand held hoses. This stage also encourages public education and awareness of the need for long term water conservation. The Stage I restrictions in the ordinance are very similar to drought contingency plans that were adopted in most cities in this region, and ends after September 30th of each calendar year. The adopted ordinance also requires that all new and existing irrigation systems be equipped with rain and freeze sensors by August 2008. Staff will present recommendations at a subsequent Council Meeting regarding a program for encouraging residents to comply with this portion of the ordinance. City of Colleyville Page 1 Printed on 7/11/2007 D a O Z 0 U r U W ~/ w/ a N J ~ i ~ _ N •~ ~~ N ~ O (6 ~ N . Q fn C O ~ ~C fB (a O Q _O L ~ ~ N ~ ~ ~ ~ ~ O O O O . >+ (Q ~ N .L O~ ~ . O ~ O L ~ O ~ ~ ~ ~ _ ~ ~ ~ C r m O_ C '~ (6 2 O >+ O~ ~ ~ ~ U ~ ~ O O '..'~ 0 0~ O O O ~ Q . O O H O ~ O ~ ~ j ~ = ~ Q N ~ ~ O U ~ ~ ~ Y (6 O 'a Q U (Q Q O . ~~ O C ~ U ._ U O .F .~ = = O p ~ Q ~ >+ (A O O O ~ O 0 U 0 C fa ('~ ~ " N ~ ~ ~ O +r N O U~ ~~ N j E p Q V ~ O O_ N cv c .> Q dj ~ ~ O L f6 ~ > ~ L ~ f6 . L ..,. ~ i ~ °~ ° v ~ w l ~ U ' (A ~ ~ . C7 v E ~ ~ ~ 3 .~ v v m c c+ra pp ~ ~ O I~ ~ O ~ o p O i L O ~ ~ ~ ~ ~ ''' ~ ~ c Q- ~ ~ E N ~ ~ O E N to ~ o -~ Q- N ~~ Q Z O Q Z (n ~ °° .~ N y ~ >' ~ ~ ~ ~ N pp ~ O O ~ O O N QN D U ~ ~ ~ Q Q Z (A ti ~ O +~ N N CO N O O ~ N L O ~ O ~ ~ p N ~O ~ O 'C i ~ O N N O O ~ 00 fB O ~ O y Q C ..~ C N ~ ~vj C N ~ N ~ N O N v ~ ~ Z `- ~ ca ~ ca ca ~ ~ ~ ~ N y ~ C E y L ~+ d~ O~ M M f~ ~ N ~ ~ M O M t.C) N to ~ C ~ O ~ ~o ~y ~ . o n OM M ~ M ~ M ~ U c e U = ~ O O I~ N O O ~ 0 M M O ~ ~ c ~ ~, M O O M 0 ~ r (y .rn •3`• o U ~ ~ ~ ~ ~ ~ ~ O ~ Q o ~ O ~ N N U ti M N 64 Ef} ~ ~ Ef} 69 ER 6F} 69 ~ Y G1 ~ Y ~ L ~ ~ (~ ~ ~ (~ (~ L ~ ~ Z C = O~ ~ ~ ~ C •~ O O ~ f~ C N ~ ~ C N C O O C C O v •~ Ur` ~ ~ ' N ~ ~ a N ~ +~ ~ ~ U ~ U m N ~ 2 v N ~ ~ N c N ca ~ ~~ ~ o '~ ~• ~a~~ m 'c~ n ca > n a~~~~ 0 ~~~~ 0 iiC~ci) ~~~ _ C~ _ ~ v)~ ~ ~a ~ iLUa ~U~ ~ 100 Main Street f~ ~ ~ City of Colleyville Coll (81'7) 03X1000 034 ~;,ly r~~~~~ Agenda Briefing ~WCOlleyville.com File Number: Version: 1 Requester: Engineering Department File Type: Pre Council Agenda Date: 07/17/2007 Agenda No.: PC-3 File Name: Update of the status of the SH26 Reconstruction Project Attachments: SH26 Redevelopment Specifications and Renderings.pdf History of Legislative File Final Action: Version: Date: Acting Body: Action Text: 07/17/2007 City Council Title Update of the status of the SH26 Reconstruction Project Explanation Colleyville City staff recently met with representatives of TxDOT, Tarrant County, Cities of Hurst and Grapevine and various franchise utility companies regarding the status of the SH26 Reconstruction Project. The latest bid letting dates for each segment of construction, from Loop 820 to SH 114 are as follows: Segment Bid Letting Date Const. Start C~ Loop 820 to Cheek Sparger September 2009 March 2010 Hurst, NRH Cheek Sparger to Pool Road September 2009 March 2010 Colleyville Pool Road to SH114 May 2009 November 2009 Grapevine According to the TxDOT Right-of-Way Division, the proposed Funnel Project at SH114 has been separated into two segments. TxDOT determined that one segment of the Funnel project would have a significant impact on the Grapevine portion of SH26. As a result, it was convenient for these two project improvements to be combined to realize an optimum construction completion schedule and to minimize the long-term affect of construction activity on the general public. The combined project segment has only fifteen parcels of right-of-way remaining to be acquired. This permits the bid letting of May 2009 for the combined Funnel and SH26 project to be scheduled ahead of the Colleyville segment of SH26. The design for the Colleyville segment of SH 26 consists of widening the existing four lane undivided roadway to a six lane undivided highway section. Continuous medians with designated left turn lanes at street intersections and key commercial locations are included in the TxDOT construction plans. The bridges at Big Bear and Little Bear Creeks will also Status: Pre Council Controlling Body: City Council City of Colleyville Page 1 Printed on 7/12/2007 Agenda Briefing Continued be replaced during construction of this project. The total estimated cost of this segment of the project is approximately $33 million. The City of Colleyville previously worked to ensure that these improvements remained on TxDOT's schedule for design and construction by committing $4.8 million of TIF funds to the project. Another component to the project is the inclusion of both hardscape and softscape features within the right-of-way of SH26. The City of Colleyville will be required to fund an additional $1.13 million for hardscape items in advance of the scheduled September 2009 bid letting date. Attached to this briefing are the median enchancement objectives and recommendations and renderings of the intersection enhancements, Big and Little Bear Creek bridges, portals, landscape enhancements and signal and light pole designs. These features include the following: • Stamped concrete designs in intersections • Bollards • Black powder coated signal poles • Ornamental bridge railings and abutments at Big and Little Bear Creeks • Ornamental Light Poles on bridges at Big and Little Bear Creeks • Monument signs at both portals to the community softscape features are not currently designed. However, they are planned for post-construction installation with an approximate cost of $1.16 million. These items will include the following: • Parkway plantings at intersections • Placement of small trees, shrubs and groundcover in numerous median locations, including Main Street, Glade Road, Church Street, Centerpark, and Hall-Johnson Road • Shade, evergreen and flowering trees, shrubs, groundcover and seasonal color at both portals to the community In April 2007, TxDOT initiated a monthly meeting with representatives of the cities of Colleyville, Grapevine and Hurst, and all franchise utility companies that will be impacted by the SH26 construction. Right-of-way and utility relocation updates are provided at each meeting in an attempt to eliminate future delays in TxDOT bid letting schedules for this project. The latest right-of-way acquisition status in Colleyville consists of the following: Number of Parcels Closed 64 Number of Parcels in Condemnation 39 Number of Parcels Appraised or in Negotiation 64 Total Parcels 167 At this time, TxDOT is projecting right-of-way acquisition for the Colleyville segment to be completed by Fall 2008. Franchise utility and municipal water and sewer relocation schedules vary by entity and are currently projected to be completed by Fall 2009. However, several franchise utility completion dates may change and extend into year 2010. Currently, the firm of Teague, Nall and Perkins estimates engineering design for water and sewer relocations within the project limits are nearing 60% complete. Plans should be 100°/o complete by December 2007 and ready for bidding upon completion of right-of-way City of Colleyville Page 2 Printed on 7/12/2007 Agenda Briefing Continued acquisition. Colleyville staff has contacted TxDOT on several occasions on behalf of various property owners along Colleyville Boulevard in an attempt to convey and discuss concerns regarding the affect of the right-of-way taking on their respective properties. In addition, staff has assisted several property owners in meeting with TxDOT representatives in order to address other individual roadway design issues. The City of Colleyville remains committed to a $4.8 million share of the total cost of construction of its segment of the SH26 project. City of Colleyville Page 3 Printed on 7/12/2007 E-- U c~a z z [~ W Q I ~_ Q ~R a z 0 d a z 0 VW a .a O U a e~ b 3 00 Q d e~ a ~. a 0 ~, .°.? w ~ Q~ y Vt L y, ~ i. ~ d ~ ~ ~ a "~ o h ~~ ~ '4d •~ ~r G~ O ~o U W ~ ~-+ N d on C ees 5 '~ ~3 ~~ 00 ~ v ~~ a~ ~ ~ N M a b w O N 0 v a .~ ca w U d w F .~-i y 6~ i. DA R; ~ ~ y~ ~ ~ a O H b~ ~~ r ~ ~ c ~I 1~1 ...i N y u d d v ~, w ~~ ... ;o Qa ~. ~ o ~ ~ .~ ,~ ti ~~ ~ U N M d "~ 3 w 00 bA ,.~i a v a~i ~. w w 0 C7 a V O r-i y 0 N .~. O .~r O. y ~h n.~ ~ .~ O C T+ y v s ~~ 3 ~ y .~+ ~ C y C ~ R ,i: G. ~ .@ ~ ~p~+ H •r rr y O L ~ •~ O ~ ~ ~ d s°, v ~~~ ~~~ •~ Sr i.i ~ 0 0 how w~~ •-+ N M y y ~! i+ OA G R 0 b d V1 di C e~ b d b w O N ..i a iii d b y C; N Q~ a `~ o l ~ b W~ rw N V ~~yy .b F~ ~ w~ Z ~ d.°-'~ A ~, . W ^~ v ~~~ `~ ' ~% r. m x 'v ~ ~ F • 0 a. ou f ~~ ~' U O .b Q y O 4 L d ~ Q ~ v F ~, ~ R C `6 ~ ~ v, o c ea s c ~ W aCi a d 0 7 ~ C n°s.:i v 0 i ~ s on :~ b o 0.1 D ~ :a ~ 5~ L ^ _ ~ _ U C b f`J ~; c E U C s i.L: ~, W O _~ W~ ~^, W ~A, W auT~ N 1~ w Vj p w ~ C~ v ^' E"' W ~ .~. 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W ~ a ~, •-- ~; -- N - `~ E,,, ~ ~~, ^v ~ U u c~ ~\ ) , !' `" J r ti J ~ ~ a ,~ 4 . i ~: ~'~, ~', ~~, '' -~s c rs .~ v c O iG G C- C ;~, a ~-, ~ a r ;, ~~ r~ ~~ cG n ~ U '.. ~G O ~'~ O 4- O z ~~ A O G 1+~ ~~„ '~ N ~~ ~ ~~ .y-~ +~ ~ oU~r} ~) ~ ~ V f mow? ~ ~ ~ ~ p k .t w ,~ `. ~.~ 1 • O 6~ ~' N 4 c/~ l~ O y h .,h. ~' ~° v ~ a~ ~ ~ ~ LU' . ~ •~ ~ ~o ~~ v .~ 3 . ~ a u ~ ~ v ~~ ~ •~ ~ p ~ ~ U d ~ y fi O ~ O w w ~ ~~ a ~' Q ~ '~ ~ .^ ~ ~ ~ ~ o ~ ~ ~ ~ ~ r a a v C rn y eV v w ~ ~~~~-mow 0. ~' ro $ ao a°, ~ '~ U .~ ~ '` c E~ y 3 h o ~ ~ a ~~ ~ ~ ~.~~ .~ ~ a .~ ~ C' p 0) a ~ ~ j c ~ m ~ w ~t , W ~~~aj^ ~' G ~~"`~'vimn~~ v o~ R U 0 w v v O~ ~ R b ~ ~ c oc _. _ y i n N N w L ~ ~ 1 !+ ~ ~ t v _R C Y7 ~ fi O C ~'d ~~ / F ai n .1 ~I ~~ ~~ ~ of +~ ? -~'~r~}~ ""'7 ""-i , ~~ i' ~ ~"4„f / ~ ^ ' `. _ _.. ~ ~`'+V ^til y J ~1 r , ~ ~ rv 4~ axy !1 ^~ A ~ wn.~ ~ U _~ C~~ O ~ y r. ~ , ~ • '~ o '' e ~d a1~ '• ~~ i~ a~~ ~ c ~' I ~ t 1~ ' - a s~ s - -- - - i :. f~ ,~ ~ ~P z ~ ~~ ~ ~~ ~ ~ ~~ # ~ ~ ~ ~ ~ ~ ~ 4 E ~ $ ~ h- ~' efi~ $~3 i tl7 9 ~ -~ @@~ ! f ~y R L j C t k F( t ~t £ s ~ ~ ~ a 4 ~ ~ 3 S ~ ~ ~ ~ ~ f ~~~~ ~ 3 _- y .~ i ' ~:+ k _-___._~ ~~ ~~: ~rdli 'w._.. ~c ~~ ~~ j c ~s^_.D v c 1 O _ R ~" •~ L Q. ~ Q E ~' ~ a L = 3 ti 'O ~ ~ C.. L E--' u ..~ ~~ ~~~ °' a ~ ~ ~ ~ ~ Q U c ,~ XF- u ~- E z ~--~ ~+ ~r~r i-+ ~~ w> o ~° a~ N x V~ h ~ •~ a ~ ~~ -3 5~~g ft$ A ~ ~` ~ _, .. ~ v~ EE '6 i ~~ €~g$ Q~J ~ Cj O ~ '_' a ~ ~ O ~£~8 v I~ ~ t~ v ~_~ . ~ ~~ o 'c ~ f r. ~ x >. ~ ~'~ F It ~ .I _ ~, ~: ~- 100 Main Street ~~ • ~~ ~~ C ~ ty of C o I I eyv i I I e Coll (8 i~) 03X1000 034 www.colle ille.com t~...~ Agenda Briefing ~' File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 07/17/2007 Controlling Body: City Council Requester: Finance Department Agenda No.: PC-4 Final Action: File Name: Presentation of the Monthly Financial Report -June 2007 Attachments: June 2007 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/17/2007 City Council Title Presentation of the Monthly Financial Report -June 2007 Explanation General Fund The percentage of current year taxes collected is slightly behind of the percentage of that collected through June 2006. With three months remaining in the fiscal year, it appears that 99% of the tax roll will be collected. Sales tax revenue received in June was down $3,771/2.44% as compared to the amount received in June 2006. Nine residential building permits were issued in June, as compared to thirty-two issued in June 2006. Municipal Court revenues are up due to a greater number of citations issued. The average amount expended by the departments at the end of June 2007 is 67.2%. Utility Fund Water usage decreased as compared to the amount sold through June 2006, due to the dry conditions that were occurring during that time and record rainfall in June 2007. The average amount expended by the Utility Fund at the end of June 2007 is 64.9%. City of Colleyville Page 1 Printed on 7/11/2007 MONTHLY FINANCIAL REPORT -JUNE 2007 ,,,.. OEIV~R~f. ~1WNp ............. . Current Taxes Delinquent Taxes Penalty & Interest TOTAL. AD V~tl,C7R~M TiE;s:'.:: TXU Electric Tri-County Electric Atmo Gas SBC Communications Verizon/Others Refuse/Recycling Cable TV $8,015,166 65,000 45,000 $892,263 95,000 270,000 114,000 59,500 101,400 161,000 Sales Tax $2,210,191 Mixed Beverage Tax 80,000 €: 2'90 f ~.. Building $1,006,396 Plumbing 122,064 Mechanical 59,230 Electrical 102,158 City License 57,273 Building Plan Review Fee 155,839 New Business 3,384 Animal 1,750 Sign Permit 6,650 Fence Permit 7,500 Fire Permits 12,000 :.: TC)T,?~i,.1.IC~N~ES & ~~Rf±t11T~'•"' $1 ;534,~4~. Fines $565,000 False Alarms 35,000 Library Fines 20,400 ;: vrsur~uu r::::;:;:;: $7,934,205 43,976 42,498 `$~ 02Q,6~9 $933, 754 102,109 279,061 89,356 33,488 80,252 132, 367 ~~s~~8 $1,311,372 66,620 $542,189 61,655 ~ 43, 754 52,238 51,662 124,866 2,162 1,302 6, 390 5,350 12,800 $576,408 38,775 20,414 '.::::$3:5;$37:; ~7;94E~863:::::::. , $?;453,i~~5.........: ', ,.:: $892,263 95,000 270,000 85, 500 44,625 59,150 120, 750 $~~~~~28 $1,216,550 60,000 11: ATE 55. $754,797 91,548 44,423 76,619 42,955 116,879 2,538 1,313 4,988 5,625 9,000 1.1aD;6$~ $423, 750 30,000 15,300 ~~69;Q541.' $884,518 85,962 334, 347 83,372 37,413 70,831 116,472 $1,248,142 55,420 '1.:3fl3 . 2.. "~+$... $... $961,644 99,997 49,429 80,929 46,002 151,830 1,551 1,468 5,495 5,225 10,600 $1,414 'I ~0 $464,749 26,475 16,761 5.57% 18.78% -16.54% 7.18% -10.49% 13.30% 13.65% 2<3~%0 5.07% 20.21 5.71..% -43.62% -38.34% -11.48% -35.45% 12.30% -17.76% 39.39% -11.31 16.29% 2.39% 20.75% ~6 45°10 24.03% 46.46% 21.79% X6.1 ~.%. MONTHLY FINANCIAL REPORT -JUNE 2007 R1riEi~~~: PROJ~cT~~::::: ~~c~iv~la , . . :.:.:.. ANT f2~UfNUE. SQI~FtC~€:: ', _ ...€. ::::.:::: .:.)=Y2D07, ,.:.:: Ai; ~'3F .................:ak5~~ ' ' i45, Q , ,., . ,: At~3G~ :. €~ElG?~~T 6/30{2DRZ ` 8l~(3/~DRZ.: , , . 6t3Ql2QC?4i .: , ~H :::::.: Re-zoning Plat Fee/Site Plan Board of Adjustment Sale of Material Weed Mowing Animal Impoundment Ambulance Recreation Program Non-Resident Fee Parks Field Use Charge Engineering & Inspection Chgs & Reimbursements Colleyville Center Rental Library Building Rental Lot Drainage Inspection Fee DARE Officer Reimbursement $11,939 21,799 2,000 2,891 1,954 3,350 216,000 137,625 14, 500 21,760 80,000 3,500 190,000 100 30,625 $81,443 O..At..1N .............................................................................................~....... . Sale of Surplus Property $10,000 Interest Income 382,500 Miscellaneous 45,000 Use of Available Cash 145,250 Celebrate Colleyville Revenue 0 Antenna Lease 68,275 .TOTAL. Ml~f}~LL.ANEOUS ' $651 a2$: Transfer from Utility Fund $544,701 T}3T~~.TRA~[SFEft5 :..............:::.. ` `...........:...........544,701: $16,950 19,076 2,875 2, 710 1,630 4,243 209,884 90,976 24,445 16,424 111,245 6,760 165,442 0 13, 500 :1:60:: $81,443 $0 305, 941 68,577 0 650 63,545 ~4~ $8,954 16,349 1, 500 2,168 1,466 2,513 162,000 125,000 14, 500 21,760 60,000 2,625 142,500 75 22,969 $0 260,000 41,000 0 0 65,000 $10,255 17,430 1, 375 2,633 800 3,550 153,853 134,703 7,640 9,355 100, 835 3,390 180,979 60 30,125 $22,903 190,087 37,681 0 3, 950 40,859 $2954:80 $0 65.29% 9.44% 109.09% 2.92% 103.75% 19.52% 36.42% -32.46% 219.96% 75.56% 10.32% 99.41 -8.58% -100.00% -55.19% -100.00% 60.95% 81.99% 0.00% -83.54% 55.52% l:'... 4~ 47% 0.00% $0 ~ 0 Oil°1~ TQTAL:~ENERAL`F~ND REVENGES ;~'iL~s2'18~7€ ', $1~,795;~3~:::::::`.$1~,36~ 812.. ; $~3 24417Q 416°l0, MONTHLY FINANCIAL REPORT -JUNE 2007 TOTAL PERCENT FY 2007 THROUGH THROUGH INCREASE INCREASE BUDGET 6/30/2007 6/30/2006 (DECREASE) (DECREASE) OF CURRENT TAX ROLL COLLECTED 99.0% 98.33% 98.41% -0.08% -0.08% RESIDENTIAL BLDG PERMITS 245 88 227 (139) -61.23% COMMERCIAL BLDG PERMITS 10 23 18 5 27.78% PLUMBING/MECHANICAL PERMITS 900 1,122 1,246 (124) -9.95% ELECTRICAL PERMITS 400 374 517 (143) -27.66% CITATIONS ISSUED 9,700 8,681 8,383 298 3.55% CITATIONS APPEALED 270 568 276 292 105.80% OENERAI_ €I,fNq £X€?ENS~ I~X.~?~IVQE[3...... .. EA a~. t7 :::.:.:.:. ° ...:. I~ ` E::::::: :.::.:.:.:.:.:.:.:.::.:.:.:...... ::`:. :. : ::.:::'.:I~Y2c)p7...:....:€: ::THFtO~UH.:..:: €€: '.:.~?RQJ~C")' ............ a :::. .::::::: F:.T#-1E :::'~ . .......S.Jv..~................... €3 T..:.: B. G U ....... ,.; ~;.;.;.:.: .:.:.:.:.:... . `..`. A `: ``"p...T. .:~ :'. 11' :: COM ..LE..Eq ES.YE . R . . :... N..G '' I'.1N . REN#A City Council and Secretary $541,285 $243,628 $249,734 45.0% $297,657 City Manager 548,976 428,360 427,876 78.0% 120,616 Finance 451,022 342,875 345,449 76.0% 108,147 Legal 106,823 53,998 71,215 50.5% 52,825 Human Resources 186,844 129,829 129,988 69.5% 57,015 Engineering 509,641 363,363 365,121 71.3% 146,278 Economic Development 170,452 108,103 110,500 63.4% 62,349 Building Inspection 391,067 267,132 270,115 68.3% 123,935 Community Development 273,856 229,558 230,048 83.8% 44,298 Fire 3,337,422 2,560,491 2,555,112 76.7% 776,931 Police 3,682,832 2,709,497 2,712,832 73.6% 973,335 Parks 1,325,530 845,826 868,853 63.8% 479,704 Recreation 291,027 178,151 191,034 61.2% 112,876 Library 589,608 430,120 434,294 73.0% 159,488 Communications 152,904 111,877 112,669 73.2% 41,027 Colleyville Center 348,201 234,829 236,966 67.4% 113,372 Streets & Drainage 1,747,299 1,038,706 1,039,037 59.4% 708,593 Municipal Court 232,216 163,190 164,011 70.3% 69,026 Fleet Maintenance 189,988 124,429 125,149 65.5% 65,559 Building Services 247,680 174,321 175,000 70.4% 73,359 Information Services 254,549 185,865 186,500 73.0% 68,684 Capital Equipment Reserve 135,000 18,000 18,000 13.3% 117,000 Performance Pay 563,500 0 0 0 0.0 /0 563,500 1~°~7~ :~~::: :::::::$10;3~2;1d8:. :...::..:::.19 504:: .:.:.:.:.$1.i.,11 ............... : .. ::::::::::::.:::::::::::5 :; ..~. ........................................ : .. fi4'' 5 -335 8 .:::.....$. , ............. MONTHLY FINANCIAL REPORT -JUNE 2007 UTl€.IT~' Ft}ND ,,. '. ~. R~C~1:tl~d;Pf2i(~Jl;~`1'E#~::: RE E#1~~b .: P£R ENT FY 2gpT ' A~ ~~ ............. AS !~~ ': AS: C3~ ... ~_ ANGE RIn~~NLlE .Ss~~#RCE:::... ....:. ~3:€iDG~T .....:.:.. Sf~3~/2007 :... El3t~f20i#7 ' :::: 6i3i01~E?Oi6 . ,£~H . Water Sales Sewer Sales Sewer Installation Water Installation Sewer Tie-on Charges Engineering Charges Penalties Miscellaneous $7,152,284 2,173,056 22,900 44,800 5,000 35,000 153, 730 10, 000 $4,145,268 1,544,601 12,300 28,830 16,281 51,376 116,193 26,698 ':::$5 TC~7At:~l?ERAl`IN~..IN~~I~IE....; .. €::$9;56;?7i) Interest Income $300,000 ~ $402,175 T~TA~..1dON=Qf?~Ri4'1'I~~:.ING~....~ ..............................~3...Q,... RO.. aaral`:I:NCOtv€~ $9;$96,77© . Via.. $..~ `~63~3 $4,700,416 1,629,792 17,175 33,600 3,750 26,250 126,604 7, 500 $S 54~sC1$7 . $210, 000 ~1D 0 . $ ..:.:,:.:Qt1 '''$fi 75!]8 . .:.:.:.: $5,709,500 1,415,652 40,350 65,650 8,856 54,183 119,435 10,637 ':' $7 X24 263 -27.40% 9.11% -69.52% -56.09% 83.84% -5.18% -2.71 150.99% -19:97% $229,978 ~ 74.88% 2.2 78 9.... ~.....~, 65A~ 241 ~..~ .................. ° ~4,sa /o -1' 7 12 °~6i TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 6/30/2007 6/30/2006 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 1,230,246,600 1,804,628,600 (574,382,000) -31.83% NUMBER OF WATER CUSTOMERS 8,621 8,434 187 2.22% UTILITY F~11~D E,iCPENSI=S '. `.:1~.~~Clll~ YfrX~Rr~~~[JAY'~; o ::::....Fo ~~f1~Ir#~D~C) FY 2007 THROI;~GF1ff: :`:PROJ~Iw'I`~~ `.: a.:' ::::. 75,~o.~F.T#'[~ ... ' BUQf',ET ..:.:Sf3I3/2Q07 EXF~EAISES YEAR CC)MI:''€:E1'Eq REMAINING Administration $211,794 $141,774 $143,069 66.9% $70,020 Billing 429,462 206,989 233,595 48.2% 222,473 Operations 6,910,588 4,688,901 4,801,515 67.9% 2,221,687 Debt Service 1,133,666 1,025,616 1,025,616 90.5% 108,050 Merit Adjustment 107,164 0 0 0.0% 107,164 Transfer to General Fund 544,701 0 0 0.0% 544,701 . . 9 33~:375 :::: :, :. . ::::::.:... Ofi3~~~0;. ., . .:....::::.::$6;2Q3~795:: ., o: ': .:9 : :.:: ::....: ```:::..64.....Io.:.: ;:. :.:.:.:.: 5. 4 09 3 ~7 . .:.:.:.:.$..,........t........ ,~ ,,, /'~? ~~ ~ City of Colleyville 100 Main Street 11(~~ Colleyville, Texas 76034 (817) 503-1000 n'~~. Agenda Briefing www.coueyviue.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Budget and Administrative Services Agenda Date: 07/17/2007 Agenda No.: PC-5 File Name: Presentation of the Quarterly Budget Update Attachments: FY07 Third Quarter Budget Report.pdf History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 07/17/2007 City Council Title Presentation of the Quarterly Budget Update Explanation The Quarterly Budget Report will highlight expenditure and revenue trends for the General, Utility and Drainage Funds as the City progresses through the fiscal year. This is directly tied to the City Council work initiative of ensuring fiscal integrity and stewardship of the City's financial planning. This report details the FY06-07 third quarter (April -June). General Fund Overview The City has received $13,795,339 in General Fund revenue as of June 30, 2007. This represents an increase of 4% compared to the end of June in FY05-06. At the conclusion of the third quarter, the City had expended approximately $11,526,200 or 70.8%. The percentage includes encumbered money for items such as service or maintenance contracts. An encumbered percentage is a more accurate measure for making projections. The current end-of-year projection is approximately $200,000. Traditionally, the City spends slightly more in the spring and summer months due to items such as overtime to cover employee vacations, increased summer programs and activities, and utilities. At this time, staff anticipates it will meet the approved expense plan without difficulty. Revenues Overall, General Fund revenues were approximately 3% more than FY07 third quarter projections and 4% higher than FY05-06 third quarter. The following paragraphs summarize in detail the general fund revenues. Ad Valorem Tax: The City has collected over 98% of total current ad valorem taxes for City of Colleyville Page 1 Printed on 7/12/2007 Agenda Briefing Continued FY06-07. This is slightly less than third quarter FY05-06. However, the City expects to collect 99% of the tax roll based on what has been received through June. Franchises: Franchise revenue exceeded third quarter projections by approximately 5%. The total amount collected at the end of the third quarter accounts for approximately 97% of the total amount budgeted for the fiscal year. The majority of franchise payments are remitted during the second quarter. However, the City has received more than projected for refuse/recycling and cable television franchise payments. Sales Tax: Total sales tax revenue continues to grow and exceed projections. Sales tax receipts received totaled $1,311,372 and represents an approximate 5% increase compared to third quarter FY05-06. Mixed Beverage Tax has exceeded third quarter projections by approximately 10%. The total revenue received represents an approximate 7% increase over projected third quarter receipts. Fines: Fine revenue has increased over 25% compared to FY05-06 third quarter. The number of citations issued through the third quarter was 8,681. Library fines also continue to exceed third quarter projections. False Alarm revenue is also higher than projected. Licenses and Permits: Overall, the City received approximately 36% less License and Permit revenues through the third quarter than in FY05-06. Building permit revenue is down over 43% from third quarter FY05-06. It is also below the FY07 third quarter projection. Staff anticipates several smaller developments and small office buildings to begin construction during the fourth quarter. However, significant residential development will most likely occur in the next fiscal year. Twenty-three commercial building permits have been issued through the third quarter, exceeding the FY07 Budget projection by thirteen. Plumbing, Mechanical, and Electrical permit revenue are also down. Many times, these permits are related to residential and commercial development. Fire permit revenue has exceeded both third quarter projections as well as the amount budgeted for FY07. Charges for Service: Charges for Service revenue is approximately 14% higher than the FY07 third quarter projections. Plat Fee/Site Plan, weed mowing, ambulance and engineering and inspection revenues have exceeded third quarter projections. Colleyville Center Rental fees and Non-resident Parks fees also continue to exhibit revenue growth. Expenditures At the end of the third quarter, the overall departmental average amount expended by the General Fund was 70.8%. As previously mentioned, the percentage includes encumbered money. The following departments exceeded the 75% third quarter expenditure threshold. Fire Department: The Fire Department encumbered approximately 76.8% of their total FY07 budget at the end of the third quarter. The Department was required by the State to conduct additional fire equipment testing that exceeded the budgeted amount. Additionally, the Department performed vehicle maintenance during the third quarter. During the second quarter, the Fire Department experienced unanticipated equipment repairs and paid for a substantial number of dues. Also contributing to the overage are expenses that occurred during the first quarter, which included bulk uniforms, protective gear and renewal of service City of Colleyville Page 2 Printed on 7/12/2007 Agenda Briefing Continued contracts and interlocal agreements for the radio system, hazardous waste removal and physician contract for EMS calls. The Department also purchased the hydraulic tools, more commonly known as "jaws-of-life", during the first quarter. Parks Department: The Parks Department has encumbered 82.4 % of their total FY07 budget through the first three quarters of the fiscal year. Due to the rain conditions, the Department expended approximately 27% of their mowing and horticulture budget during the third quarter. The Department also purchased building maintenance supplies, additional safety equipment/supplies, and chemicals. The bleacher shade covers were a substantial expenditure that occurred in the first quarter. Building Maintenance: The Building Maintenance Department encumbered 95.6% of their budget through the third quarter. Building Maintenance enters into the following contracts during the first quarter, which accounts for the encumbrance: HVAC service, janitorial, automatic door control maintenance, elevator maintenance and inspection and pest control. Additionally, Building Maintenance has purchased supplies and completed some equipment maintenance during the third quarter. City Manager's Office: The City Manager's Office expended 3% over the 75% third quarter gauge. City Manager's Office staff attended the Texas City Management Association conference during the third quarter. The overage can also be attributed to additional printing, increased postage cost and telephone expenses. Finance Department: The Finance Department expended approximately 1 % over the 75% third quarter threshold. The annual audit was completed during the second quarter and represents approximately 23% of the total Finance budget. The Department also made payment for tax collection/assessing during the third quarter. Community Development: The Community Development Department has expended 83.8% of their annual budget through the third quarter. There was an unexpected expense associated with the retirement of a long-term employee that the Department had to absorb during the third quarter. Other contributing factors to the overage are costs associated with office supplies, postage, and printing. Utility and Drainage Funds The Utility and Drainage Funds are both on target at the end of the third quarter. However, the Utility Fund revenue was approximately 6% lower than projected. Water sales were down compared to FY05-06 third quarter when the North Texas region experienced severe drought conditions. During the third quarter, the North Texas region has experienced flooding conditions that has decreased the demand for water. However, water sales are offset by City water purchases from the Trinity River Authority (TRA). During the third quarter, the City purchased 417,477,000 gallons of water. That is over 500,000,000 gallons less than one year ago. Sewer tie-on charges and engineering charges both exceeded projections. The overall department average amount expended by the Utility Fund was 65.3%. No department exceeded the 75% third quarter expenditure threshold. Debt Service payments were made per the debt service schedule prescribed by statute. At the end of the third City of Colleyville Page 3 Printed on 7/12/2007 Agenda Briefing Continued quarter, the Drainage Department expended 64.8%. Primary expenditures for the drainage fund were office supplies, mosquito control, training and small tools. City of Colleyville Page 4 Printed on 7/12/2007 FY07 THIRD QUARTER BUDGET REPORT GENERALFUND-REVENUES THIRD 9UARTER I I I I BUDGET AS OF 6/30 07 AS OF 6130/07 AS OF 6l 0 O6 CHANGE 001 -General Fund Current Taxes $ 8,015,166.00 $ 7,934,205 $ 7,854,863 $ 7,365,342 7.72% Delinquent Taxes $ 65,000.00 $ 43,976 $ 55,000 $ 50,421 -12.78% Penalty and Interest $ 45,000.00 $ 42,498 $ 39,000 $ 37,312 13.90 $ 8.125,166.00 S 8,020,679 $ 7,948,883 $ 7,453,075 7.62% TXU Electric $ 892,263.00 $ 933,754 $ 892,263 $ 884,518 5.57% Tri-County Electric $ 95,000.00 $ 102,109 $ 95,000 $ 85,962 18.78% Atmos Gas $ 270,000.00 $ 279,061 $ 270,000 $ 334,347 -16.54% SBC Communications $ 114,000.00 $ 89,356 $ 85,500 $ 83,372 7.18 Verizon/Others $ 59,500.00 $ 33,488 $ 44,625 $ 37,413 -10.49 Refuse/Recycling $ 101,400.00 $ 80,252 $ 59,150 $ 70,831 13.30% CableTV $ 161,000.00 $ 132,367 $ 120,750 $ 116,472 13.65% rrvrw~ ~~"+"° 3' 1;893,163.00 5 1,650,387 S 1.567.288 $ 1,612,955 2.32% Sales Tax $ 2,210,191.00 $ 1,311,372 $ 1,216,550 $ 1,248,142 5.07% Mixed Beverage Tax $ 80,000.00 $ 66,620 $ 60,000 $ 55,420 20.21 TOTAL SALES-'$ 2,290191;00 3 t,377,~2 $: 1.276,550 $ 1,303,562 5.71% Building $ 1,006,396.00 $ 542,189 $ 754,797 $ 961,644 X3.62% Plumbing $ 122,064.00 $ 61,655 $ 91,548 $ 99,997 -38.34% Mechanical $ 59,230.00 $ 43,754 $ 44,423 $ 49,429 -11.48 Electrical $ 102,158.00 $ 52,238 $ 76,619 $ 80,929 -35.45% City License $ 57,273.00 $ 51,662 $ 42,955 $ 46,002 12.30 Building Plan Review Fee $ 155,839.00 $ 124,866 $ 116,879 $ 151,830 -17.76 New Business $ 3,384.00 $ 2,162 $ 2,538 $ 1,551 39.39% Animal $ 1,750.00 $ 1,302 $ 1,313 $ 1,468 -11.31° Sign Permit $ 6,650.00 $ 6,390 $ 4,988 $ 5,495 16.29% Fence Permit $ 7,500.00 $ 5,350 $ 5,625 $ 5,225 2.39% Fire Permit $ 12,000.00 $ 12,800 $ 9,000 $ 10,600 20.75% TOTAL Ld:ENSE AND PERMIT $ 1,534,244:00 $ 904,388 $ 1:150.686 $' 1,414,170 X6.05% Fines $ 565,000.00 $ 576,408 $ 423,750 $ 464,749 24.03% False Alarms $ 35,000.00 $ 38,775 $ 30,000 $ 26,475 46.46 Library Fines $ 20,400.00 $ 20,414 $ 15,300 $ 16,761 21.79%', TOTAL FiNE3 $ : 620.400,00 $ .8.35;,5$7 S 469.050 $ 507.985 25.12%~ Re-Zoning $ 11,939.00 $ 16,950 $ 8,954 $ 10,255 65.29% Plat Fee/Site Plan $ 21,799.00 $ 19,076 $ 16,349 $ 17,430 9.44% Board of Adjustment $ 2,000.00 $ 2,875 $ 1,500 $ 1,375 109.09%' Sale of Material $ 2,891.00 $ 2,710 $ 2,168 $ 2,633 2.92 Weed Mowing $ 1,954.00 $ 1,630 $ 1,466 $ 800 103.75% Animallmpoundment $ 3,350.00 $ 4,243 $ 2,513 $ 3,550 19.52°/'. Ambulance $ 216,000.00 $ 209,884 $ 162,000 $ 153,853 36.42%' Recreation Program $ 137,625.00 $ 90,976 $ 125,000 $ 134,703 -32.46% Non-Resident Fee Parks $ 14,500.00 $ 24,445 $ 14,500 $ 7,640 219.96 Field Use Charge $ 21,760.00 $ 16,424 $ 21,760 $ 9,355 75.56% Engineering andlnspection $ 80,000.00 $ 111,245 $ 60,000 $ 100.835 10.32° Charges and Reimbusements $ 3,500.00 $ 6,760 $ 2,625 $ 3,390 99.41 Collewille Center Rental $ 190,000.00 $ 165,442 $ 142,500 $ 180,979 -8.58 Library Building Rental $ 100.00 $ - $ 75 $ 60 -100.00 Lot Drainagelnspection Fee $ 30,625.00 $ 13,500 $ 22,969 $ 30,125 -55.19% S 73a,o43.a9 S" Ci~,160 S 584,379 $ 656.983 4.44%', DARE Office Reimbursement $ 81,443.00 $ 81,443 $ - $ - 0.00 5 81.443,OQ. S .:81,443 S - $ - 0.00%. Sale of Surplus Property $ 10,000.00 $ - $ - $ 22,903 -100.00 Interestlncome $ 382,500.00 $ 305,941 $ 260,000 $ 190,087 60.95% Miscellanious $ 45,000.00 $ 68,577 $ 41,000 $ 37,681 81.99% Use of Available Cash $ 145,250.00 $ - $ - $ - 0.00 Celebrate Collewille Revenue $ - $ 650 $ - $ 3,950 -83.54 Antenna Lease $ 68,275.00 $ 63,545 $ 65,000 $ 40,859 55.52% In~oat crrc~ ~ •urreyrc g 651,025.00 f $ 438,713 { $ , 386OOE1 1 S - 295.480 I 48.47% Transfer from Utility Fund $ 544,701.00 $ - $ - $ - 0.00% IlQCilLTFERS $ 544,701.00 $ $ - $ - oato% 'sQY+? ~~? N! ~3 S 16,278,376.00 S 13,79b,338 S 13,362:x16 S 13,244,170'! 4.t6% FY07 THIRD QUARTER BUDGET REPORT UTILITY FUND -REVENUES THIRD QUARTER Water Sales Sewer Sales Sewer Installation Water Istallation Sewer Tie-On Charges Engineering Charges Penalties Miscellaneous TOTAL OPERAt{NG'INGOME Interest Income TOTAL NON-0PERATING INCOME TOTAf. INCOME FY07 BUDGET RECEIVED AS OF 6/30/07 PROJECTED AS OF 6/30/07 RECEIVED AS OF 6/30/O6 PERCENT CHANGE $ 7,152,284.00 $ 4,145,268.00 $ 4,700,416.00 $ 5,709,500.00 -27.40% $ 2,173,056.00 $ 1,544,601.00 $ 1,629,792.00 $ 1,415,652.00 9.11% $ 22,900.00 $ 12,300.00 $ 17,175.00 $ 40,350.00 -69.52% $ 44,800.00 $ 28,830.00 $ 33,600.00 $ 65,650.00 -56.09% $ 5,000.00 $ 16,281.00 $ 3,750.00 $ 8,856.00 83.84% $ 35,000.00 $ 51,376.00 $ 26,250.00 $ 54,183.00 -5.18% $ 153,730.00 $ 116,193.00 $ 126,604.00 $ 119,435.00 -2.71% $ 10,000.00 $ 26,698.00 $ 7,500.00 $ 10,637.00 150.99% $ 9,598,770.00 $ 5,941.,547.00 :$ 6,545;0$7.00 $ 7,424,263.00 -19.57% $ 300,000.00 $ 402,175.00 $ 210,000.00 $ 229,978.00 74.88% $ 300,000.00 $ 402.,175.00 $ 210,OOQ00 $ 229,978.00 74.88% S 9.896.770.00 S 8,343,722.00 ' S 8,755,987'.00 S 7,854,2A1.00 -17.12% FY07 THIRD QUARTER BUDGET REPORT THIRD QUARTER EXPENDITURES DEPT BUDGET _ _YTD~ % Spentl 001 -General Fund City Manager Office 11 $ 548,976.00 $ 428,360.54 78.0% Building Inspection 12 $ 391,067.00 $ 270,067.65 69.1 Economic Development 13 $ 170,452.00 $ 108,103.14 63.4% City Secretary Office 14 $ 541,285.00 $ 253,261.44 46.8% Finance 15 $ 451,022.00 $ 342,875.44 76.0% Legal 16 $ 106,823.00 $ 53,998.72 50.5% Library 17 $ 589,608.00 $ 430,120.03 73.0% Engineering 18 $ 509,641.00 $ 366,879.36 72.0% Community Development 19 $ 273,856.00 $ 229,557.88 83.8% Fire 22 $ 3,337,422.00 $ 2,561,668.71 76.8% Police 23 $ 3,682,832.00 $ 2,717,541.67 73.8% Parks 32 $ 1,325,530.00 $ 1,091,670.86 82.4% Streets and Drainage 33 $ 1,747,299.00 $ 1,274,397.52 72.9% Recreation 34 $ 291,027.00 $ 187,383.49 64.4% Communications 36 $ 152,904.00 $ 111,877.10 73.2% Colleyville Center 37 $ 348,201.00 $ 236,334.58 67.9% Human Resources 39 $ 186,844.00 $ 129,829.34 69.5% Municipal Court 41 $ 232,216.00 $ 163,190.00 70.3% Fleet Maintenance 51 $ 189,988.00 $ 124,428.65 65.5% Merit Pool 55 $ 563,500.00 $ - 0.0% Building Maintenance 57 $ 247,680.00 $ 236,334.58 95.4% Informtion Services 59 $ 254,549.00 $ 190,319.64 74.8% Capital Equipment Reserve 63 $ 135,000.00 $ 18,000.00 13.3% $ 16.277.722.00 $ 11,526,200.34 70.8% 002 -Utility Fund Utility Administration 11 $ 211,794.00 $ 141,774.11 66.9% Utility Billing 20 $ 429,462.00 $ 225,439.72 52.5% Utility Operations 61 $ 6,910,588.00 $ 4,707,800.01 68.1 Merit Pool 62 $ 107,164.00 $ - 0.0% Transfers 64 $ 544,701.00 $ - 0.0% Debt Service 65 $ 1,133,666.00 $ 1,025,615.97 90.5% $ 9,337,375.00 $ 6,100,629.81 65.3% 017 -Drainage Fund Drainage 52 $ 508,661.00 $ 314,591.53 61.8% Merit Pool 55 $ 28,895.00 $ - 0.0% Debt Service 65 $ 278,494.00 $ 214,041.00 76.9% $ 816 050.00 $ 528 632.53 64.8% !~ ~~~ Cit of Colle V~~~e 100 Main Street Y Y Colleyville, Texas 76034 (817) 503-1000 ~~~~~~ Agenda Briefing www.colleyville.com File Number: Version: 1 Requester: Budget and Administrative Services File Type: Pre Council Agenda Date: 07/17/2007 Agenda No.: PC-6 Status: Pre Council Controlling Body: City Council Final Action: File Name: Discussion and nomination of the Regional Transportation Council (RTC) representative Attachments: Letter from the RTC Dated June 27, 2007.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/17/2007 City Council Title Discussion and nomination of the Regional Transportation Council (RTC) representative Explanation The North Central Texas Council of Governments (NCTCOG) is the Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth Metropolitan Area. The Regional Transportation Council (RTC) is the transportation policy body for the MPO. The RTC is responsible for providing direction and recommendations for regional transportation issues and planning processes. Membership on the RTC is either by direct membership or group representation. Currently, the cities of Bedford, Colleyville, Euless, Hurst, Grapevine, Southlake and Trophy Club have one seat on the RTC. This seat was formerly held by Carl Tyson, City Councilmember for the City of Euless. Mr. Tyson's seat was vacated on June 26, 2007 due to recent run-off election results. Since the seat was vacated mid-term, the appointment will serve on the RTC until May 2008. The RTC Bylaws and Operating Procedures state that "The person representating a group of several cities shall be selected by the mayors/county judges using a weighted vote of the maximum of the daytime or nighttime population of the cities/counties represented, and the person selected shall serve atwo-year term beginning in June of even-numbered years and shall be serving on one of the governing bodies they represent." The cities of Hurst, Euless, Trophy Club, and Grapevine have endorsed City of Hurst Councilmember Bill McLendon as the RTC representative. City of Hurst Mayor Richard Ward contacted area cities requesting support for Councilmember McLendon's nomination. Staff contacted the cities of Southlake and Bedford. Southlake is not endorsing or making a nomination and Bedford did not respond. Cify of Colleyville Page 1 Printed on 7/12/2007 Agenda Briefing Continued This is an opportunity for the City Council to discuss and nominate a representative to serve on the RTC. The NCTCOG stated they will continue to accept nominations and endorsements past the July 10 date referenced in the letter. City of Colleyville Page 2 Printed on 7h2/2007 !7 Regional Transportation Council `, - The Transportation Policy Body for the North Central Texas Council of Governments r-' t~r- (Metropolitan Planning Organization for the Dallas-Fort Worth Region) June 27, 2007 ;~~- ~ .. The Honorable Richard Ward The Honorable Mary Lib Saleh The Honorable Jim Story Mayor, Place 3 Mayor Mayor City of Hurst City of Euless City of Bedford 1505 Precinct Line Road 201 North Ector Drive 2000 Forest Ridge Drive Hurst, TX 76054 Euless, TX 76039 Bedford, TX 76021 The Honorable David Kelly The Honorable William D. Tate The Honorable Andy Wambsganss Mayor Mayor Mayor City of Colleyville City of Grapevine City of Southlake 100 Main Street P.O. Box 95104 1400 Main Street Colleyville, TX 76034 Grapevine, TX 76099 Southlake, TX 76092 The Honorable C. Nick Sanders Mayor Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 Dear Mayors Ward, Saleh, Story, Kelly, Tate, Wambsganss, and Sanders: The North Central Texas Council of Governments is the Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth Metropolitan Area. The Regional Transportation Council (RTC), composed primarily of local elected officials, is the transportation policy body for the MPO. The RTC is responsible for direction and approval of the Regional Transportation Pfan, the Transportation Improvement Program, the Congestion Management System, and the Unified Planning Work Program, and for satisfying and implementing federal and state laws and regulations pertaining to the regional transportation planning process. Your current seat on the RTC was vacated on June 26, 2007, due to the recent run-off election results. Please designate your representative and notify Vercie Pruitt-Jenkins of NCTCOG by mail or fax (817/640-3028) by Tuesday, July 10, 2007. The next RTC meeting is scheduled for 1:30 p.m., Thursday, July 12, 2007. Please note that your designation should be confirmed in writing by all entities included in this group. Since the seat was vacated mid-term, your appointment will serve on the Council until May 2008. P, O. Box 5888 • Arlington, Texas 76005-5888 • (817) 695-9240 • FAX (817) 640-3028 http:/lwww. nctcog.org Page Two June 27, 2007 Membership on the Regional Transportation Council is either by direct membership or group representation. Currently, the Cities of Hurst, Euless, Bedford, Colleyville, Grapevine, Southlake, and Trophy Club have one seat on the Regional Transportation Council (RTC). The RTC's Bylaws and Operating Procedures state that "The person representing a group of several cities shall be selected by the mayors/county judges using a weighted vote of the maximum of the daytime or nighttime population of the cities/counties represented, and the person selected shall serve atwo-year term beginning in June of even-numbered years and shall be serving on one of the governing bodies they represent." The 2007 Current Population and Employment Estimates, as prepared by the NCTCOG Research and Information Services Department, are shown below for the entities in your cluster group. City 2007 Po ulation 2007 Em io ment Max 2007 Po ulation/Em to ment Hurst 38,500 21,911 38,500 Euless 53,400 24,736 53,400 Bedford 49,050 25,098 49,050 Colleyville 22,150 6,324 22,150 Grapevine 45,550 68,376 68,376 Southlake 25,700 11,715 25,700 Trophy Club 7,450 798 7,450 In addition, the Bylaws state "All RTC members must adhere to Chapter 171 of the Local Government Code and to the Code of Ethics for their respective local governments and public agencies." Please remind your representative to be cognizant of this request. Please contact Vercie Pruitt-Jenkins at 817/608-2325 if you have any questions. We look forward to hearing from you. Sincerely, Mi hael Morris, P.E. Director of Transportation vpj cc: Mr. Allan Weegar, City Manager, City of Hurst Mr. Joe Hennig, City Manager, City of Euless Ms. Beverly Queen, City Manager, City of Bedford Mr. Bill Lindley, City Manager, City of Colleyville Mr. Rob Rumbelow, City Manager, City of Grapevine Ms. Shana Yelverton, City Manager, City of Southlake Mr. Brandon Emmons, Town Manager, Town of Trophy Club Cit of Colle V~~~e 100 Main Street ~'~ y Y Colleyville, Texas 76034 ~~~.~ ~ (817) 503-1000 ~~° Agenda Briefing www•colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 07/17/2007 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-7 Final Action: Secretary File Name: Discussion of the July 17, 2007, City Council regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 07/17/2007 City Council Title Discussion of the July 17, 2007, City Council regular agenda items City of Colleyville Page 1 Prinfed on 7/9/2007 v i1 ,~ a Cit of Colle V~~~@ 100 Main Street ~~~ ~~~p y Y Coileyville, Texas 76034 ` (817) 503-1000 Agenda Briefing vvww•colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Requester: Office of the City Secretary Agenda Date: 07/17/2007 Agenda No.: 1 File Name: Executive Session -Legal Consultation -July 17, 2007 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 07/17/2007 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 pending litigation -Village Monticello Partners, Ltd. v. City of Coileyville Sec. 551.071- Legal - Discussion of pending litigation - Texas Propane Gas Association, and Henderson Butane, L.P., d/b/a/ Henderson Oil & Butane v. City of Coileyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel -Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.074 - Personnel -Deliberate the assignment, duties, performance and evaluation of the City Attorney Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Coileyville Page 1 Printed on 7/3/2007 RESOLUTION R-07-2856 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JULY 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, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ". ~ Z~ ~~_. ~~~ t ~ :~ City of Colleyville Colleyv0'~Ile,Texas76034 (817) 503-1000 ~`~~~ Agenda Briefing www•colleyville.com File Number: Version: 1 Agenda Date: 07/17/2007 Requester: Office of the City Agenda No.: 3 File Type: Presentation or Proclamation Secretary File Name: Presentations and Proclamations -July 17, 2007 History of Legislative File Status: Presentations or Proclamations Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 07/17/2007 City Council City of Colleyville Page 1 Printed on 7/12/2007 RESOLUTION R-07-2857 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JULY 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 July 10, 2007 b. Approval of a construction contract with C. Green Scaping, LP, for the 2007 Sidewalk Improvements, in the amount of $34,855.00, and authorize the City Manager to execute the contract c. Approval of bid award for health insurance to United Health Care and dental insurance to Ameritas AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~T";,~ City of Colleyville City Council Minutes -Draft ,,., City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, July 10, 2007 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 10, 2007, at 5:36 p.m. PC-1 PC-2 ROLL CALL: Councilmembers Carol Wollin, 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, Finance Director Terry Leake, Interim Human Resource Manager Elise Welborn, Interim Human Resource Analyst Bevin Parker, Recreation Supervisor Luke DeFilippis, Police Officer Chuck Tinsman, Fire Lieutenant Kenny Phillips, Management Assistant Matt McCombs, Audio Visual Technician Les Earwood, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present Discussion of health insurance bid analysis and recommendation Assistant City Manager Kelly Cooper introduced Employee Benefits Committee members Police Officer Chuck Tinsman, Fire Lieutenant Kenny Phillips and Interim Human Resource Manager Elise Welborn, provided an overview of the health insurance bid analysis and recommendation and answered questions of the City Council. Mayor Kelly commended the committee members for an excellent job of negotiating the insurance rates. Discussion of the board, commission and committee appointment process and terms City Secretary Cynthia Singleton presented information regarding the board, commission and committee appointment process and presented proposed modifications to the City Council Rules of Procedure and Application for Appointment form. City Council determined all board, commission and committee terms will expire in September or December; Applications for Appointments will be provided to the City Council and the City Council will determine if interviews will be conducted; interviews, if necessary, will be conducted prior to City Council meetings; in the event of a vacancy other than an City of Colleyville Page 1 Printed on 7/13/2007 City Council City Council Minutes -Draft July 10, 2007 expiring term, the City Council may fill the position by a majority vote of the City Council without advertising and the appointee shall serve the unexpired term; the Application for Appointment will provide for the applicant to list three boards, commissions or committees in which they are interested in serving and rank according to preference and include information regarding City service and experience. PC-3 Discussion of the Street Capital Improvement Work Plan Public Works Director Steve Chutchian provided an overview of the Street Capital Improvement Work Plan and answered questions of the City Council. There was general discussion regarding County participation, funding sources and timeline for project completion. It was determined that this item would be placed on the August 7, 2007 Pre Council meeting agenda for further discussion. PC-4 Discussion of the July 10, 2007 City Council regular agenda items There was no discussion of City Council regular agenda items. There being no further business, Mayor Kelly adjourned the meeting at 6:46 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 10, 2007, at 7:04 p.m. ROLL CALL: Councilmembers Carol Wollin, 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, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Director Chris Fuller, Parks and Recreation Director Monica Walsh, Audio Visual Technician Les Earwood, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D 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, Section 551.074, Personnel, and Section 551.087, Economic Development. He further City of Colleyville Page 2 Printed on 7/13/2007 City Council City Council Minutes -Draft July 10, 2007 explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:05 p.m. and reconvened at 7:53 p.m. 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 pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association, and Henderson Butane, L.P., d/b/al Henderson Oil & Butane v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City INVOCATION: Rabbi Charlie Cytron-Walker, Congregation Beth Israel 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-07-2851 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly recognized and expressed appreciation to the following City employees for service and commitment to the City: Joseph Newman, Parks Maintenance, one year of service; Craig Terrell, Police Officer, 10 years of service; and Ron McFadden, Police Officer, 10 years of service. Mayor Kelly presented the Government Finance Officers Association Distinguished Budget Presentation Award to Terry Leake, Finance Director, and commended Ms. Leake for receiving the award thirteen consecutive years. City of Colleyville Page 3 Printed on 7/13/2007 City Council City Council Minutes -Draft July 10, 2007 Ms. Leake expressed appreciation to the City Council and City Manager Bill Lindley for support and participation in the budget process. Mayor Kelly and Police Communications Supervisor Rose Zalewski presented the State of Texas Commission on State Emergency Communication Silent Hero Certificate of Achievement to Gayle Konikoff, Police Dispatcher for exemplary conduct. Mayor Kelly expressed appreciation for the work and dedication of the dispatchers. Mayor Kelly presented a Proclamation to Carol Wollin, Colleyville Garden Club Promenade 2006 Chairman and 2007-2008 President and Garden Club members Joyce Hammill, Barbara Nuss and Diane Connor, in honor of the Colleyville Garden Club National Recognition. Ms. Wollin expressed appreciation to the City Council, City Manager, City staff, local businesses and visitors for attendance and support of the Promenade event. Mayor Kelly presented a Proclamation to Monica Walsh, Director of Parks and Recreation; Renee Garrett, Recreation Specialist; Luke DeFitippis, Recreation Supervisor; and Joey Newman, Parks Maintenance, in recognition of July as Parks and Recreation Month. Ms. Walsh expressed appreciation to the City Council for the vision of the park system, invited citizens to enjoy the parks and distributed Parks and Recreation mementos to City Council. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2852 4a Approval of the minutes of the regular City Council meeting of June 19, 2007 4b Approval of the minutes of the City Council Worksession of June 14, 2007 4c Approval of the minutes of the City Council Worksession of June 15, 2007 4d Approval of aCity-Developer Agreement with RP25 Development, LP, for The Reserve at Colleyville, and authorize the City Manager to execute the Agreement Mayor Kelly read Resolution R-07-2852 in its entirety. City of Colleyville Page 4 Printed on 7/13/2007 City Council City Council Minutes -Draft Mayor Kelly opened the public hearing. July 10, 2007 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-07-2852. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1623 Adopting the annual budget for Fiscal Year 2008 of the Colleyville Crime Control and Prevention District Mayor Kelly read the caption of Ordinance 0-07-1623. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Licata moved to approve Ordinance 0-07-1623. Councilmember Hendler seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5b 0-07-1624 Approval to replace Ordinance 0-00-1235 related to Curfew Hours for Minors Mayor Kelly read the caption of Ordinance 0-07-1624. Police Chief Tommy Ingram provided an overview of the proposed juvenile curfew ordinance. Mayor Kelly opened the public hearing. City of Colleyville Page 5 Printed on 7/13/2007 City Council City Council Minutes -Draft July 10, 2007 There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Hart moved to approve Ordinance 0-07-1624. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1625 Approval of a Special Use Permit for a carport on Lot 8, Block 5 of the Woodbriar Estates West Addition located at 3717 Brentwood Court, Case Z-07-017 Mayor Kelly read the caption of Ordinance 0-07-1625. Community Development Director Chris Fuller provided an overview of the request for a Special Use Permit for a carport and stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. 6b 0-07-1626 Approval of a request for a zoning change from R20-Single Family Residential to R40-Single Family Residential on 1.86 acres out of the O.C. Strum Survey located at 5904 Bransford Road, Case Z-07-021 Mayor Kelly read the caption of Ordinance 0-07-1626. Community Development Director Chris Fuller provided an overview of the request for a zoning change and stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. City of Colleyville Page 6 Printed on 7/13/2007 City Council City Council Minutes -Draft July 10, 2007 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2853 Consideration of appointment to the Celebrate Colleyville Steering Committee Mayor Kelly read Resolution R-07-2853 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Wollin moved to approve Resolution R-07-2853, appointing Ms. Nancy Carroll to the Celebrate Colleyville Steering Committee to serve an unexpired term of December 2008. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 7b R-07-2854 Approval of a request by Grapevine-Colleyville Independent School District for an extension on two portable buildings located at 5800 Colleyville Boulevard, Case G-07-011 Mayor Kelly read Resolution R-07-2854 in its entirety. Community Development Director Chris Fuller provided an overview of the request for an extension of two portable buildings. Mayor Kelly opened the public hearing. Mr. Scott Monaghan, Director of Facility Services and Construction, Grapevine-Colleyville Independent School District, provided information regarding the timeline for relocation of the temporary buildings. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Resolution R-07-2854. Councilmember Hart seconded the motion. City of Colleyville Page 7 Prinfed on 7/13/2007 City Council City Council Minutes -Draft July 10, 2007 The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 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 Meeting Minutes -April 9, 2007 Senior Center Advisory Committee Minutes -April 19, 2007 Colleyville Trails and Sidewalks Committee Minutes -April 24, 2007 There was no action taken on this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 10, 2007 - Reading and Public Hearing -Resolution R-07-2855 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 8:23 p.m. APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE DAY OF NAYS _ 2007. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 8 Printed on 7/13/2007 ~n' .~~ .~ w"a 100 Main Street ~ City of C o I I eyv i I I e Col 18117) 03X1000 034 "` Agenda Briefing www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Engineering Department Agenda Date: 07/17/2007 Agenda No.: 4b Controlling Body: City Council Final Action: File Name: Approval of a construction contract with C. Green Scaping, LP, for the 2007 Sidewalk Improvements, in the amount of $34,855.00, and authorize the City Manager to execute the contract Attachments: 2007 Sidewalk Improvement Project Bid Tab History of Legislative File Version: Date: Acting Body: Action Text: 07/17/2007 City Council Title Approval of a construction contract with C. Green Scaping, LP, for the 2007 Sidewalk Improvements, in the amount of $34,855.00, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing The Trails, Pathways and Sidewalks Five Year Capital Improvement Program (CIP) was authorized by Council in January 2006, and provided an annual schedule for sidewalk funding and construction. Sidewalk improvements were designated in certain areas for each of the five consecutive years. On April 3, 2007, Council approved a recommendation made by the Colleyville Trails and Sidewalks Committee to change the FY 2006-07 list of sidewalk improvement projects. The revised list included the following locations: • West side of Pleasant Run Road, from Beverly Drive to Bogart Drive • West side of Waller Lane from 6113 Waller to Cooks Lane, and extend along the south side of Cooks Lane to the existing sidewalk • Crosswalk at the intersection of Shelton Road and Pleasant Run Road • Portion of the north side of Tinker Road, from Emerald Drive to Pleasant Run Road Five bids were received by the Engineering Department on July 9, 2007, for the 2007 Sidewalk Improvements. C. Green Scaping, LP, was the low bidder with a bid of $34,855.00, which includes a ten percent (10%) contingency. C. Green Scaping, LP, has completed projects in Colleyville in the past, and have an excellent performance record. City of Colleyville Page 1 Printed on 7/11/2007 Aaenda Briefing Continued Financial Impact It has been determined that funding is available in the Engineering operating budget, line item 001-18-6388, sidewalk construction, in the amount of $35,000.00. 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", ~ City of Colleyville Coll8117) 03X1000 034 ~j "'''" Agenda Briefing w~~colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 07/17/2007 Controlling Body: City Council Requester: Human Resources Agenda No.: 4c Final Action: Department File Name: Approval of bid award for health insurance to United Health Care and dental insurance to Ameritas Attachments: Attachment A-Insurance Bids.pdf Attachment B-Initial Proposed Rates.pdf Attachment C-UHC Final Negotiated Rates.pdf Attachment D-Final Dental Rates.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 07/17/2007 City Council Title Approval of bid award for health insurance to United Health Care and dental insurance to Ameritas Explanation Reading and Public Hearing With the health insurance market averaging double digit inflation annually, public and private sector employers are taking a serious look at how to actively manage increasing health insurance rates. Several years ago and in response to this concern, the City of Colleyville implemented several steps to assist employees with healthcare management. These steps included annual health fairs, flu shots, mobile health services, seminars on various wellness topics, quarterly challenges, disease management, wellness coaching, wellness website and most recently offered a ten week weight loss program called Naturally Slim. Staff also evaluates benefit offerings annually and options .available to continue effective cost managment and reports those findings to Council. This year additional rate management efforts included consideration of self-insurance and health reimbursement arrangements. City Council agreed with staff's interpretation of the data that self-insurance was not financially prudent at this time. In May 2006, staff received the renewal for health and dental insurance. The health insurance renewal with United Health Care (UHC) proposed an annualized increase of 12% and dental insurance renewal with Metropolitan Life proposed an annualized increase of 19%. In consideration of the proposed increases submitted by the providers, staff bid the health and dental insurance for more competitive pricing and review of various options including a health reimbursement account. City of Colleyville Page 1 Printed on 7/12/2007 Agenda Briefing Continued The benefits committee consisting of Fire Lieutenant Kenny Phillips, Recreation Supervisor Luke DeFilippis, Utility Superintendent Ken Tywater, Police Officer Chuck Tinsman, Project Inspector Keith Dovers, Utility Billing Supervisor Theresa Fox, Colleyville Center Office Assistant Marilyn Gilbert, and Interim Human Resources Manager Efise Welborn met with Dee Beasley-Hayden, Brinson Benefits Consultant, and diligently reviewed proposals; comparing current benefits, service levels, doctor networks, pharmacy and emergency coverage and proposed premiums. The committee also negotiated rates and services to provide the best benefits within the available funding. Health Insurance The bid opening took place June 1, 2007 at 2:00 p.m. The City advertised and requested bids from eight companies (Attachment "A"). Two companies declined to participate due to inability to respond with a competitive rate. The committee reviewed six proposals eliminating three (Cigna, Unicare and Great West) due to plan design ,and proposed rates. Staff requested UHC and the other two carriers to review proposed rates for additional negotiations. The Committee reviewed and compared UHC alternate plans (Attachment "C") which includes a flat renewal with a minor change to the pharmacy copays against the two competitors proposals from Blue Cross Blue Shield (BCBS) and Aetna (Attachment .. B.. )~ Blue Cross Blue Shield (BCBS) and Aetna bid a rate increase of 0% and 0.52% respectively (Attachment "B"). The plan designs offered by these companies are similar to the UHC proposal but also include a maximum lifetime limit and BCBS includes an emergency room deductible. Giving consideration for the disruption that would occur to employees if the City changed insurance providers and that UHC has offered a flat renewal with a minor change to the pharmacy copays, the committee proposes to continue services with UHC for the following reasons: 1. Staff negotiated a 0.00% increase 2. There is a minimal impact to employees and the City 3. UHC provides excellent customer service The last plan design considered is a health reimbursement arrangement (HRA), Alternate Plan column 5 (Attachment "C"). The City requested a proposal for a high deductible health plan. The HRA plan design includes the following: 1. 90/10 in-network coinsurance 2. $1,000.00 individual deductible, $2,000.00 family deductible 3. $20.00 office visit copay 4. $3,000.00 individual out of pocket maximum, $6,000.00 family out of pocket maximum 5. $10.00 generic, $30.00 brand name and $50.00 non formulary prescription drug copay As can be seen from the attachment, the rates are reduced by 2.98%. The employee cost for family coverage is reduced by approximately $12.27 per month or $147.24 per year. The committee considered this option due to the reduction in premiums, however, it was determined that the annual premium savings did not offset the increased office visit copay City of Colleyville Page 2 Printed on 7/12/2007 Agenda Briefing Continued and deductible. Even though the City would reimburse a portion of the deductible, the committee recognized that employees may potentially have a difficult time paying the $1,000.00 deductible up front. Staff review of funding for the HRA, Alternate Plan column 5 (Attachment "C") indicates that it would cost the City an additional 1.55%. This increase includes the annual employer funding of the premiums (1,430,640.00) third party administrative costs ($16,128.00), and funding the HRA reimbursement at 25% (50,625.00) fora total annual funding of $1,497,393.00. This is an increased cost of $19,497.00 over the recommended UHC fully insured Alternate Plan column 4. If the City determined to fund the HRA at 50% ($101,250.00) the total annual funding increases to $1,548,018.00 which is $70,122.00 more than the recommended UHC fully insured Alternate Plan column 4. Dental Insurance Metropolitan Life (Met Life), the current dental provider, proposed an initial 19% rate increase. In response a bid was sent to thirteen (13) companies (Attachment "A"). Three of the thirteen (13) companies did not respond. Seven (7) companies were eliminated due to double digit rate increases. The committee reviewed Met Life and three other proposals: Humana, Mutual of Omaha and Ameritas (Attachment "D"). Humana was eliminated due to poor references. Staff requested Met Life and the other two carriers review proposed rates for additional negotiations. Met Life negotiated to a 14% rate increase, Mutual of Omaha and Ameritas both negotiated to a 2% increase for a one year contract and a 5% increase for a two year contract. Although Mutual of Omaha negotiated the same rate increases and plan design as Ameritas, the committee eliminated them based on their limited network and poor presentation. Met Life was eliminated due to rate increase. The committee recommends Ameritas as the City's dental insurance provider for the following reasons: 1. Two year rate guarantee 2. Large network of dentists 3. Strong non-network reimbursement schedule 4. Excellent references Summary Currently, the City provides 75% funding of the dependent health insurance coverage. There is no funding provided for dependent dental coverage. There are currently 102 employees carrying dependent health insurance and staff recommends the City continue the funding for the dependent health coverage. The funding provided by the City for the dependent health insurance coverage is within the overall market value when comparing to the surrounding cities who pay on average 70% of dependent premiums. Employees recognize and value the quality of the insurance program provided by the City and realize the dependent health insurance funding is part of the overall competitive compensation package. Staff recommends that the United Health Care renewal be accepted at a rate of: Health Coverage Rates Employee only $426.59 City of Colleyville Page 3 Printed on 7/12/2007 Agenda Briefing Continued Employee + children $767.86 Employee + spouse $955.56 Employee + family $1,292.55 Staff also recommends that the Ameritas two year rate guarantee be accepted at a rate of: Dental Coverage Rates Employee only $25.46 Employee + children $50.33 Employee + spouse $52.14 Financial Impact It has been determined that the health insurance will cost $1,474,900.00, an increase of 0.03%. Dental insurance will cost $51,327.00, an increase of 5%. Funds are available in the FY08 budget to cover the cost of the employee health and dental coverage, as well as continued funding for dependent coverage. 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City of Colleyville Agenda Briefing File Number: 0-07-1625 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: 0-07-1625 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 07/17/2007 Agenda No.: 5a Final Action: File Name: Approval of a Special Use Permit for a carport on Lot 8, Block 5 of the Woodbriar Estates West Addition located at 3717 Brentwood Court, Case Z-07-017 Attachments: Location and Zoning Map Notification List Development Analysis Carport Exhibits Ordinance 0-07-1625 History of Legislative File Version: Date: Acting Body: Action Text: 1 06/11/2007 Planning and Zoning Commission 1 07/10/2007 City Council 1 07/17/2007 City Council Title Approval of a Special Use Permit for a carport on Lot 8, Block 5 of the Woodbriar Estates West Addition located at 3717 Brentwood Court, Case Z-07-017 Explanation Second Reading and Public Hearing No one spoke regarding this request at the previous meeting. First Reading and Public Hearing Request. Special Use Permit (SUP) for a carport Proposed Use. Mr. Anthony Thornton, the property owner and applicant, has submitted a request for a Special Use Permit to construct a detached carport on the property. The carport is designed to be architecturally similar to the existing house. The roof pitch, shingles and exterior brick will complement the existing house. Existing Conditions. The property is zoned R15-Single Family Residential and currently developed for single family residential use. The property contains an existing house and pool. Location. This is a 0.53-acre parcel of property located at 3717 Brentwood Court. Status: Second Reading Controlling Body: City Council City of Colleyville Page 1 Printed on 7/11/2007 Agenda Briefing Continued (0-07-1625) Platting. The property is platted as Lot 8, Block 5 of the Woodbriar Estates West Addition . Adjacent Zoning and Development The properties to the south, east and west are zoned R15 and are developed as single family residences. The property to the north is developed as Woodbriar Park. Development Analysis. The Land Development Code requires that carports be considered on a case-by-case basis, and must be approved by a Special Use Permit. A comparison of the regulations and the proposed carport is attached. The proposed carport complies with the development regulations within the Land Development Code. Screening. The carport will be screened from the nearest neighbor by a row of trees that are located on the subject property, an existing wood fence along the property line and a row of trees on the adjacent property. Public Notification. Staff mailed notices to 16 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no letters regarding this request. Summary. The carport complies with the development regulations stated within the Land Development Code. Since the request is a Special Use Permit, the City Council may establish conditions different than, or in addition to, the normal requirements of the Land Development Code. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the June 11, 2007 meeting by a vote of 6-0. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 7/11/2007 Location and Zoning Map Notification List OWNER_NAME Quisenberry, Elaine R Chopyak, Robert A Colleyville, City Of Moore, Charles L Etux Margo E Hutson, Robert L Etux Angela M Lederle, Raymond Etux Valerie Minotis, Angelo Etux Kimberly Mayfield, David L Etux Jimmie Montgomery, Alan Etux Karen Blaney, Thomas J Etux Sybil A Balandran, Margaret Thornton, Anthony, Applicant Kotlik, Stanislaw Etvir Hanna Hardin, Lee Etux Lana Foreman Enterprises, Llc Woodbriar Estates HOA OWNER_ADDR 3714 Woodcrest Dr 3718 Woodcrest Dr 100 Main St 3704 Brentwood Ct 3705 Brentwood Ct 3708 Brentwood Ct 3708 Woodcrest Dr 3709 Brentwood Ct 3712 Brentwood Ct 3713 Brentwood Ct 3716 Brentwood Ct 3717 Brentwood Ct 3722 Woodcrest Dr 3726 Woodcrest Dr PO Box 308 412 Woodbriar Court OWNER_ Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville OVA OWNEF SITUS_ADDR TX 76034 003714 Woodcrest Dr TX 76034 003718 Woodcrest Dr TX 76034 000000 W Greenbriar Ln TX 76034 003704 Brentwood Ct TX 76034 003705 Brentwood Ct TX 76034 003708 Brentwood Ct TX 76034 003708 Woodcrest Dr TX 76034 003709 Brentwood Ct TX 76034 003712 Brentwood Ct TX 76034 003713 Brentwood Ct TX 76034 003716 Brentwood Ct TX 76034 003717 Brentwood Ct TX 76034 003722 Woodcrest Dr TX 76034 003726 Woodcrest Dr TX 76034 003801 Colleyville Blvd TX 76034 President Development Analysis The Land Development Code requires that carports be considered on a case-by- case basis, and must be approved by a Special Use Permit. A comparison of the regulations and the proposed carport is shown below. CARPORT ZONING COMPARISON Category Zoning Applicant Requirement Proposal 1. Maximum Size 480 square feet 400 square feet 2. Longest Dimension 24 feet 23 feet AI lowed 3. Maximum Height 15 ft. to highest 15 feet point of roof 4. Side Setback 10 feet 15 feet 5. Rear Setback 5 feet 28 feet 6. Maximum Number per Lot 1 1 7. Paved Parking Surface Concrete, asphalt Concrete or pavestone 8. Roof Pitch 2:12 minimum In Compliance brick, stone or 9. Construction of Posts decorative metal " In Compliance between 12 and 48" in width O O N -H C~ O ~ O t W Q U O O O U O O C C~ ~_ ~~ 0 xs .o " N a, a a ~ C ~ ~ s o U ~ Steve Hudson 1045 N. Elm St Muenster, TX 76252 May 09, 2007 The following is a preliminary description of materials for the proposed carport at 3717 Brentwood Ct. Floor -existing concrete driveway Girder/Posts -Posts shall be placed no less than 48" below grade and holes shall be filled with concrete. Post material is proposed to be 6 x 6 wood with brick surround on lower 36" to 48" (see front elevation) Girders are to be 2 x 12 #2 yellow pine Trusses -Engineered trusses with pitch and overhang to match existing residence Ceiling and Overhang - 4x8 wood textured smart panel and 1 x trim with paint to match existing residence Roof Sheathing - 7/16" OSB Roofing material - 15# felt and Decrabond shake shingles to match existing residence C C _~ L O _O „~-,~z N O N W O O ~I I • ~\ ,~ \ / I/2~I.R. FND. \ iC\ C ~` \ / ,5 j f/2"I.R. FND. .500 ~~ ^ METAL FENCE P05T e-~~SPO,y / / \~~a 3 F 0000 P r / ROCK FOUNTAIN \ ~3' ~~ ~ \~'Ps i` t.~ ~ I ~ ~O A,~ SPA `,.r•`,': f:. ~ .~~~ j POOL i i ti F.i 1• \ .1~ ~.~ RET. WAIL \ \ ' ~~ a°~ \\ ~~ / \ \ O 10.3' / \ ~ ~6/ 25.8. / h \ / / ~ h~ \ \ POWLR POLE ' / Y"' ~,:'' 13.5 ~ / :1 ~~ METAL FENCE POST / E ~ ....,E / / / / trj' O= \ \ E~~• "1Y:~`~~,:,:~n: - RIC)C Q RAM t0 i. t'~ \ ~ ESIDE CE / / ~ '~ 77 t I ~ 22.7' 13.2 I L 1 / ~ \ 4. _ --_._ _ 45' BUILDING / ~':, \ { ...,. - . ~ ~ LINE 'i / / DRAINAGE 1~j \ / ~y0 LOT 8 I / r~\ \ / *1/2'l.R 1FN0. N07E: RESIDENCE OVER - \ BUIIDINC UNE AS SHOWN. ' ^ ~~`4 \ '~ ~~jS•~3~ NOTE: FENCES OFF LINE ~0~^~ J ,-. R_ 50.00' __~~ As sNOwN. \ ~ / \ "u~ 'X' iND. \ i 7 \ 7i / i 3717 BRENTWOOD COURT I LEOSND ~ ~,e ~~ fi ~~~. '~ 1 P rote wFUrfq_uC. TEIEPNOK Cd1CRFTt, - r W z #>. (coRaeot uowals110 5° PROPERTY DESCRIPTION: lot 8, Block 5, of WOODBRIAR ESTATES WEST, an Addition to the City of Colleyvllle, Tarranf County, Tsxaa, c according }o the Plat thereof recordeq in Volume 388-118, Poge 73, of the Plal Reeords of Tarranf County, Texas. ' ~, , Aeterdlnq b M. FlRM Mcp 436}9Cp}OB N Dalad: 8-2-93, Ihla property la Ifol _ bcded In a epedel /toed hazard one. ThIa PrePeHy la leveled In ion. '1( I SURVEYORS CERTIFICATION l REFERENCE N0: 62102 I ma undorsigned Reaislered Professional Land Surveyor .Hine: b purctae•r. LENDER: - Lsnaer nd nH. Company emee Moh (A) Isla ple/ f one tn• TITLE C0: COMMONWEALTH LAND TITLE propery deaeHp~Mn ast foAh Mron an a kua repraaenhHon to (eels found m IM nm• of aetool on-Ine-ground •y; (R) won Q area euet•d PURCHASER: THORNTON GF# 240193CYE by Ms au Ayer er under nla a pervfalen; (C) lhare are no vlsibM eroeehmeMe, b DATE: 10-21-98 ~ conf8cfs, shorlogaa In ar•o or oundary Ilrro, except as snom; (D) the property has a a b a pablk atnef nlesa Merwlse nof•d; (E) the flood afefert,enl based on 01e moat •nl data w ileble fo the yor, and vMN Mb aurwy t' may shot 1M ptoper n f fo be Ina ~~•etal Oood hazard area, oil Tana e be b( N t d f fl di f . I - t' au a o egrw o oo ng, or man Inlornwibn coadeef your bcal flood plain edminlalMer or Ma Federal Emergency Nenag9ement AAqq (f7 reflect: eaaamenls af(ecHn9 the propeHy, eNderKa of vrhkh la WsIbI• o~i1r ine ground, or of vnlch Me auMyor nos legal nolles. j , ,C~OFT~ ROLAND RODRIGU ROLAND RODRICUEZ, R.P. Ne. 4987 ` 04887 ~y Q, ~ a 6850 MANHATTAN BLVD. SUITE 310 ' Aeet Q ~ 9N0 SU RV `~ FORT WORTH, TEXAS 76720 (817) 429-9898 ORDINANCE 0-07-1625 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT ON LOT 8, BLOCK 5, WOODBRIAR ESTATES WEST ADDITION; 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 Special Use Permit under Case No. Z-07-017; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-07-1625 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. 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. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for a carport on Lot 8, Block 5 of the Woodbriar Estates West Addition, as depicted on the Zoning and Location Map, attached as Exhibit "A", and the Site Plan, attached as Exhibit "B" and as shown on the Elevation Plan Exhibit "C". Sec. 3. THAT the above described tract of land shown on Exhibit "B" 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. Sec. 4. 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. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. 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. AND IT IS SO ORDERED. Ordinance 0-07-1625 Page3of3 The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Zoning and Location Map -Exhibit "A" Site Plan -Exhibit "B" t '~~~ f~ `y ~~r .j I ~ ti ~ ~ ~ ~ `} 1 ~4~ I ~ ~ ~ ~~ i ~ ~ ~~~~ ~~° i~~ Floor Plan ~ Building Elevation Drawing -Exhibit "C" V12_.! ! -~ - `-~ 100 Main Street ('~ ~ City of Colleyville Coll (81'7) 03X1000 034 ~j ``"''" Agenda Briefing www~colleyville.com File Number: 0-07-1626 File Number: 0-07-1626 File Type: Ordinance Status: Second Reading Version: 1 Agenda Date: 07/17/2007 Controlling Body: City Council Requester: Community Agenda No.: 5b Final Action: Development Department File Name: Approval of a request for a zoning change from R20-Single Family Residential to R40-Single Family Residential on 1.86 acres out of the O.C. Strum Survey located at 5904 Bransford Road, Case Z-07-021 Attachments: Location and Zoning Map Notification List Zoning Exhibit Ordinance 0-07-1626 History of Legislative File Version: Date: Acting Body: Action Text: 1 06/11/2007 Planning and Zoning Commission 1 07/10/2007 City Council 1 07/17/2007 City Council Title Approval of a request fora zoning change from R20-Single Family Residential to R40-Single Family Residential on 1.86 acres out of the O.C. Strum Survey located at 5904 Bransford Road, Case Z-07-021 Explanation Second Reading and Public Hearing No one spoke regarding this request at the previous meeting. First Reading and Public Hearing Request. Paul Kramer has submitted a request to rezone 1.86 acres of land located on the east side Bransford Road, south of Shelton Drive. The applicant is requesting to rezone the property from R20-Single Family Residential to R40-Single Family Residential. Platting. The subject property consists of one tract that is not platted. The property is currently developed as a single residential lot that contains an existing home. Upon approval of the rezoning request, approval of a minor plat will be required prior to the issuance of building permits. Lot Sizes. The developer has submitted an exhibit illustrating the property boundaries. The R40 zoning district requires a minimum lot area of 40,000 square feet, lot width of City of Colleyville Page 1 Printed on 7/11/2007 Agenda Briefing Continued (0-07-1626) 150-feet and lot depth of 150-feet. This site contains sufficient area to accommodate the R40 lot development standards. Master Plan. The Col/eyville Master Plan designates the future use of this area for single family residential type land uses. The proposed rezoning request is in conformance with the land use portion of the Master Plan. The Master Plan contains a recommendation that estate lots be developed adjacent to collector streets, such as along Bransford Road. Estate lots are defined as containing a minimum of 30,000 square feet of lot area. The proposed R40 zoning district is compliant with that recommendation. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties to the north, south and west are zoned R20-Single Family Residential and developed as single family residences. Properties to the east are zoned R40-Single Family Residential and are currently developed as single family residences. Summary. The proposed zoning request is compliant with the Master Plan regarding the development of estate lots along collector streets and consistent with the recommended residential density of 1.8 dwelling units per acre. Public Notification. Staff mailed notices to nine adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence in regard to this request. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 7/11/2007 Location and Zoning Map 6101 6100 6009 6003. 0~ : 004 4 ~0 0 916 0 ~ 0 ~'~ 001 S9?6 57 704 5700 700 AG 612 608 5606 5605 212 ~~n~ 5604 5603 X918 400 512 51 604 60 1 4 Site 406 600 6001 613 601 609 59 R40 401 81 6901 608 512 600 608 R20 581 500 5808 5712 5704 7oa 5~~ 6~ 5608 5604 501 ~09~13 ~01 ~05 800 J1 705 61x704 1 705 709 ~ 71 +~01~ 504 08 512 600 608 617 ~ ~_ ' 700 701 OC 505 513 601 609 .613 13 705, Notification List OWNER_NAME Coley, Needham E Etux Lila Garrison, Lisa Gotcher, Buford D Jiang, Keqin Ladd, John H Lear, Helen B Randall, Robert V Rimmer, Bertie A Paul Kramer, applicant OWNER_ADDR 401 Shelton Dr 516 E Maple St 777 Fairway Dr Apt 127 6001 Bransford Rd 6000 Bransford Rd 5901 Bransford Rd 5904 Bransford Rd 5812 Bransford Rd P.O. Box 99 OWNER_CI OWP OWNEI SITUS_ADDR Colleyville TX 76034 000401 Shelton Dr Fayetteville AR 72701 000405 Shelton Dr Coppell TX 75019 005816 Bransford Rd Colleyville TX 76034 006001 Bransford Rd Colleyville TX 76034 006000 Bransford Rd Colleyville TX 76034 005901 Bransford Rd Colleyville TX 76034 005904 Bransford Rd Colleyville TX 76034 005812 Bransford Rd Colleyville TX 76034 ~&~^a~~ag~°s ams+ ui J ~ ~ ~ sfixa~= ~~z Frg nj Zvi z ~ ^ ~ e'~ ti; l~. s-E~;€~ .x €€ ~T~ Q ~ op .~qq `:ATE $~~E~$i~"zF ~aa Z Y V1 vw w > ~ b~~~~ ;9 ! ~~ r°~~y~><°P~~ spa ~ ~ O w LL~ ~ ~ ~ ~ O ~~ a Y ~ ~ ~ = a F~siayygs°aEa s:s ~~T~~~ O~ [QSN~i~OOZ N y~~'~ ~ _ € C~°~a Ba~a~$ ex~ # E, J V1 V~ V?~ Zj ¢ ~y~ y~ ~ A R ~ g~p~€'y~~gQ„~ r2E 0. r ~~ FZ X21- Q~ N ~ ~ w ~ps: "~~E°8 ~ ~~E ~ ~ m ~ ~~ ~gi 0 8°>8 z a ~W/ e7 3 r ~~~ 8gn~ €~~ ~ ~ ~ U ~ ~95 ~ ~ ~ E"~~E~ E L aC £ w D W gW € 'o ~ ~e8~s w s_E °a e Z ~ i~ ~nagc"g$F € $p~2$ ~ x o Q a§ G~E~ ~ ~~ ~ E9~ .°~ Em $` $Fo LSF y~gE" Y ~$;o a5 ~`° ~~L 5'~ n ~~ Q s axe "88^ CG ~s79~ a5F sFa2a ~ r$~~= .~ r: r~~~ arp~ ~I ~p5,a € ~~ ~~ ~ a :~q pi as ~a a~~ aS a~r~ s ~&r~ g~a a~ ;;fig e~~ ~ ~yygs a[ ~ ~`ra ~n ~&"& p~p 8a° E~ m~ CE Z°J$ ~S~ tad r ~°~€ s €~ 5ma r>~m ` ~ 2 tl F Y„Y ~~ YY U S&C ~~ °-g. :E a~ aa; g~~a b~a $S a$ ~5s d~ ° ro ~E ~ ~ ~° "9 ~` c ~~a as Esz 4 ~aY $~8 ~:~" ~ ~"5: ~E ~~ shag ~~g '' g~a " ~WE ~° ~~ t S ~~~ a~ ~aa ~ ~~£ 'a~ ~~s""~ ~a g; a; z~ ~a ~~~~ adgE~ u ~" F~ ~ x„~ r4 ~~ ~ 8 ~ ~~ ~ gad &o ~Sa~ s"~s ~ a~ -~aa ~ce ;?e 8 a ~~§" a3 ~3'v_ tt~~ o~ s ~°" ~~ ~^ ;~.. n~q rr~`~,~E ~.S..~E~ as ~e~g y~' eac 8N$a~ '~~EB ~°~ € ~~~ e~ z ~ o}~~ 5i g¢~~gg ~.s 3n~ #Fp .6F"F 3a ""5®~ gE~ ~e ~"'g$c ~;g ~'$ ~% ~ ~ ~ i~9 ~n 3~ ~ a Sg $Xqq~~ EJ y$$ ~~a #~e Q~__ 9$~ eke ~;~~ ry`g' ~ $B~ 4~t ~ a o k °~c5FE as"z g""g~ yp~ ~ °xy~~ C€$p„ p~~ ffipp°g: x~ °aa °g~S. ~ i~ ~ Jg a~~8 $yx ~!`q ELF £Tx.~ 5e' ~pF~ 5~ FSgY E~~ 5~ ~~~~ ~R8_ a w h e"o is r o~4 ie E~$ nx~S rE.aai :z m ~LLc ~ a' e r a ~ ~ t boa' ~a~ feF °sE ~Eg ~~aE ~ i3E ~$ ~Fm ~ m~S $F ~~~ j$Rr gv_ ~ ~ ~~~ -~€ ~~£ ~~~ ^~§~ ^E9R xxf sa "8o~g maurC a$.. 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" ` I~ ~~~ I ~9 i ^~~ ~I ^ _H J I~ i~ 's: - ~ O ° 3 I ssa5~ ;5 6 ~$a gory 114119 I ¢ 3a9~~ e:. i °Ei ~i~ I 1. _ ___J t@ SH ~~pis` Y9`"LC2~ 3 !1 ~J L~~_~~-~Y~-Y-•N°,~mmn SWN'J)E 99.]I Ew~g~ji ~aw _C ~ useM~ m~i p S OJ~O OSC lt)On 4~~~~ oii NO]•]T2099 M0.9T fi 88 ~33 ~~ ~9 a Fg ~ 5~ i~ 5 3a''x ~g~ e} ~~ i~~~~ :iS 5 f~,°~$ ~~Q ; ~ 'gs~{{'~ '€' ~~~ ~~ ~ E~7ea3 ~9gg~ : a°v ~~ ~ ~.~E~ ?ba W •~ O N ORDINANCE 0-07-1626 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.86 ACRES ON TRACTS 8 AND 8D OF THE O.C. STRUM SURVEY, FROM THE R20-SINGLE FAMILY RESIDENTIAL DISTRICT TO R40-SINGLE FAMILY RESIDENTIAL DISTRICT; 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 rezoning under Case No. Z-07-021; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-07-1626 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. 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. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 1.86 acres on Tracts 8 and 8D of the O.C. Strum Survey from the R20- Single Family Residential zoning district to the R40-Single Family Residential zoning district, as depicted in the attached Exhibit "A" and described in the attached Exhibit "B". Sec. 3. 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. Sec. 4. 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. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. 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 0-07-1626 Page3of3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A" Exhibit "B" ALL that certain tract ar parcel of land its the O.C. STL~R4R S[:R'4'EY. Abstract 1=187. Tarrant CatmtS°, Te;,as and beiiig that wine tract des-cubed to Kramer-l~~ftGrary Dei elapment. LP as recorded ut D~attimeitt \Tv. D20~1961 ~'. Deed Records.. Tarrant Cvuntsr, Texas and bema more particularh• described by metes and bounds as fallous: CO24•L1fE~TCI1~G at a 1 ~ ~ inch steel rod found at the northu est comer of Brait:3fvrd 1=....states. an :~ddiuvn tv the Cin= of Cvlletil•ille. Tarrant County. Texas as recorded to Cabinet A. Slide 43?6. Plat Records.. TaiTa2it C'ounn=. Te~cay: TH~TCE EAST 4bearutg sottree per said Bransfard Estates and t'olurne ? 168. page 3~7. Deed Records, Tarrant County. Texan nitlt the north boundary line of said Bransfard Estates. 3$1.~~ feet to a 58 inch steel rod found at an "ell" comer in said north baundan• line: TH~TCE Vorth d3 decrees ~ mtnutes 3? Seconds Et'est. 44.31 feet to a 1?' inch steel rod fatmd at the southtit•est tamer of Lot i. Blacl: 1. Cecil Gals. an Addttictn to card City of Calle4l~ille as recorded in Cabinet B. Slide 131 of said Plat Retards.: THENCE Vvrth 03 decrees 40 mtnutes fly seconds tE`est tt<i*1t the west boundan=line csf said Cecil ©aks. 313.08 feet to a 1'2 inch steel rod fvtind at the northct=est tourer of said Cecil Gales and the southr~*est comer of Said Kramer-VlcCrar~- tract and also being the PONT GF BEGIlI~G G1= THE HEREPt DESCRIBED TRACT: TITCE North 03 decrees 3? mtnutes ?0 5e~conds'4t"est v~ fth the ~•est boeindant line of said tract, ?4$_97 feet to a 12 inch steel rod found at the northwest comer of said tract and the southwest comer of Lot 1. Bloch 1. Thame Addition to said City of C`vlley~~ille as recorded in Cabinet :~, Slide 4?87 of said Plat Rercvrds; THENCE Varth 89 decrees „minutes ~32 seconds East vt-tth the north batuidarV line of said tract and the south botmdar4 line of said Thorne Addition. 1~2?.86 feet to a I,~2 inch steel rod found at the southeast carver of said Thvme Adrlitian and being to the west boundan• line of that 4,ame tract described to Bolin H. Ladd as recorded m d'olttme 633. Page 61i of said Deed Retards: TI~EE~TCE South O1 decree ?4 tniiitttes 04 setvtids East t~•ith said nest boundar,* itne. 11.28 feet to a ~r$ inch steel rod fotmd at the southwest comer of said Ladd tract; THI~iCE ~tarth 8~ degrees =19 minutes ~~ Seconds East cantintaiiig with said north bauudary hue and the south bcrttndar?v- line of said Ladd tract. ?4.16 feet to a 1;~ inch capped steel rod stamped''1~IGAK SL~R~' ihC" Set at the common east corner of said Krasner-141cCrary tract and Ladd Hatt and also being in the apparent westerly right-vf-way line o€ Branyford R©ad {a ~ ariable ~~•idth right-of-n•a~-): THENCE South 0$ degrees CY? mtnutes ? 8 seconds East ~•iih the easterly botmdan~ tine of said Kramer- I~~itCrary tract and Said ~~-esterly right-of-~r•ay line. '6.?$ feet to a 1 ~'' inch capped steel rod stamped "~IOAK SL~tI' IItC" yet: - THENCE South 04 de~erees 39 minuues ? $ seconds East tontinttiug ~iith said eastern= boundary liue and said ~~-•eyterly right-af-tray line, 6-I.?0 feet to a 1 ''_ inch tapped steel ra~d stan7ged ;.1~IG.~K 5[TRV II'~C" yet; TI•~TCE South 02 decrees 30 mtnutes 28 yecands East continttiiig tiiith said easterly boundary Dine and said c~•esterl}• right-of--~*ay dine. 1 i9.60 feet to a j $ inch steel rod foiuid at the santhst•est carver of said. Krainer- R4eCrar~• tract and being the northeast corner of Lot 1. Bivtk 1. Gvtcher Addition to the said CiR• of Colleyt•ille as recorded in Volttiiie 388-132. Pace 80 of said Plat Records: TH~1CE South $9 degrees Cil minute 32 seconds Ul'est sti•ith the south botmdary line of said. tract and the north bottudary line of said Gotcher Additivu and tontuiuing w ith the earth baimd,ar4 line of said Cecil Galcs, 343.70 feet to the plate of becinning and containing 1.860? acres.. mere or less, as stii~-eyed by hivak Sane}=ors, Inc. in the month of Gctober. 301b6. =~`~`~ 100 Main Street ' ~ City of C o I I eyv i I I e Col leyvil le, Texas 76034 ~j (817) 503-1000 ~'~"` Agenda Briefing www•colleyville.com File Number: R-07-2858 Version: 1 Requester: Community Development Department File Number: R-07-2858 File Type: Resolution Agenda Date: 07/17/2007 Agenda No.: 6a Status: Resolution Controlling Body: City Council Final Action: File Name: Approval of a Refund of the perimeter street fees for Lot 2, Block A of the Hampton Addition located at 2301 Glade Road, G-07-012 Attachments: Letter from Applicant Plat Layout Aerial Map Development Review Committee Memo • Applicant's Response to the Development Review Committee Memo Resolution R-07-2858 History of Legislative File Version: Date: Acting Body: Action Text: 07/17/2007 City Council Title Approval of a Refund of the perimeter street fees for Lot 2, Block A of the Hampton Addition located at 2301 Glade Road, G-07-012 Explanation Reading and Public Hearing Wade Hampton is the owner and developer of the Hampton Addition subdivision and is requesting a 50% refund, in the amount of $2,843.00, of the perimeter street improvement fees that were paid for Lot 2, Block A of the Hampton Addition. The applicant paid $5,686.00 for the perimeter street improvement fee on May 3, 2007. No fees were required for Lot 1, Block A since there is an existing house on the property. As part of the Development Review Committee (DRC) process, the applicant was made aware of the perimeter street improvement fees in March 2007, prior to consideration of the Planning and Zoning Commission agenda. In response to the DRC memo, the applicant's surveyor stated the applicant had been made aware that the perimeter street improvement fees were due upon approval of the plat. The applicant did not request a waiver or reduction of the perimeter street improvement fees after conceding an awareness of the fees. The DRC memo and the applicant's response are attached to this agenda briefing. On April 9, 2007 the Planning and Zoning Commission approved the minor plat of the Hampton Addition, which consists of Lots 1 and 2, Block A. Lot 1 has frontage along Glade Road and Patterson Lane while Lot 2 has frontage only along Patterson Lane. City of Colleyville Page 1 Printed on 7/10/2007 Agenda Briefing Continued (R-07-2858) Perimeter street improvement fees are required upon approval of subdivision plats per Section 9.16 of the Land Development Code (ordinance revised by City Council on April 7, 2006). Perimeter street fees are calculated in accordance with Texas Local Government Code regulations that state infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by the City Engineer. The fee assessment is based on a number of factors including the ability to provide adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. Currently, there are no plans for street improvements to Patterson Lane. Summary of Development Fees paid for Lot 2, Block A, Hampton Addition as of July 9, 2007: Perimeter Street Improvement Fees: $5, 686.27 Parkland Dedication Fees: $1,802.00 Total Fees Paid: $7,488.27 The City Council's options in this case are the following: 1. Approve the refund -This action would refund the half of the perimeter street fee requirement for this property in the amount of $2,843 2. Approve the refund in part -The Council may set any percentage of the fee it deems sufficient to refund the fees to the applicant 3. Dent/ the waiver -The property owner would not receive a refund from the City Financial Impact It has been determined that there is no financial impact. Recommendation Denial City of Colleyville Page 2 Printed on 7/10/2007 May 29, 2007 Amy Shelley Planning and Zoning City of Colleyville 100 Main Street Colleyville, TX 76034 Dear Amy, Per your instruction I am writing to the City of Colleyville regarding the $7,488.27 in development fee's I was instructed to pay after approval of my minor plat of lots 1 and 2 of the Hampton Addition located at 2301 Glade Rd. The amount of the fee's were unexpected and quite a shock to me since I had no prior knowledge or notice that such fee's would need to be paid, if and when my minor plat request was approved. Though I was unfamiliar with minor plat submissions and the city approval process, this being my only minor plat request, I tried to educate myself as best I could by meeting with Barry in Planning and Zoning several times before I submitted my plat request for review and approval. In my meetings I asked many questions and tried to cover the bases as well as I could so it was very disappointing to have to pay so much in development fees, especially when they were completely unexpected due to poor notification and communication. Due to the high fee amount and lack of timely and adequate notification/communication I respectively request a reduction in the level of fee's that I paid on May 3, 2007. Recognizing certain costs to the city for park land support and future road improvements I would like to suggest a 50% refund on just the on the net escrow for road impact fee's of $5,686 or $2,843. I would appreciate consideration of my request by the City of Colleyville. Please let me know if any additional information is needed to advance my fee appeaUcompromise request. I can be reached at my Glade address or at my primary home address of 1501 Caldwell Creek, Colleyville, TX 76034. Also, if there are any question(s) I can respond to directly please give me a call on my cellular at 817-296-7096. Thank you for your consideration. I hope my request is approved by the city. Sincerely, Wade B. Hampton RECEIVED JUN 0 5 2007 Per ............. iE€ $ ogz a~~ .~'~~e FF LS ept Zi ..- ygr N_~ `5••.d =EEg L>; ~~ 8 oY =~f i5c ~F8V gE~ ~ Y c Yee'E' C`.i~ YY B°°~'e~ s 8 gE S Sb fy~d ~f£ a ~g~R~~ ~~t a; ~_ :SS ~`1 _€'s Y P Y€f .v€3` sE s 6K e {$e;y~:°S SS s~ DLYa I ;SYe veY6 ~~ o-s€ a~ ~t a ~ F~•~Y~r~tziY I ` E°-~ S ~E°` s ~9€; C~ ~ g s~ ~ ~$ ^ 1~ o~Fc a~"2 'e ~ e d `k _ ~ "ohs ; r~•s ~ .E' ~ i 8 r.€8 u rs~8 ~ ~ ~ '~ E~ SLY 99 IN ~ sa $g=~Lyppgg 8ai aI = ~s~= e o ~ ~ ~g;- e ~ i;Y~ g~ ~ ~E;~S ~ 9 6~ g a°~g~Eg~F:~ e~ ~=Y~ € - g ~ ~~ f~g~ € € r ~ §{~' a r& ~ ~~~3 ~ s ~~~~~~ ~ ~ ~~t~oi~~Y'= ~ g ~ E~z fy € l~ ~ ° ;~ I ~j ~ C ~ ~ ~ e~a~ ~W gi •, ~~~~ ~ ~~;•- 's So3En i s k~ ~ ~~ b ~ 3 4 G~ dSs- o ~ 3' ~ 33 M~m: `~ h!S_ ~" =~:.. ~b o~~ ~~ Eel ~~E~ aF :g W =6~~~ o s s$ €.o~ Ms's s; Y grY a~ =~5 i N~"E RcEY yR ~~ U } ,~ ;€~ g s ~E~i~ ~~ Si~ € P F: _a_ s ;c E=s ~ € e F:F~ Y~ .=F~ ~s .~ I~ ;BEY 6 =3~ ~3~ ~" ~~~$ gts~ tg ~ °~ ~ ~ --~~ ~~ a~~~8`{ gmq s_sa as 4~0° g¢<i sx =° ~ ~ ~,3 s s ~ s g ~ s s » ~_ ~~ajE° i= :`9 `o''S i- i sX~ `moY Spap t ~ - IIA n8 ~.~__ ~ ~: ~:s ~'as9 ~g ~°~s: iF~Y~ '~:3 a si ., I< x ~e a~ ~S ;~ ~~~ t 4~ -° ~i ~i Lsrost n~°olsosss .a+r m ° ~tl9 ~a t ~ ~. ~naun nr i ~ r ~ & _ ~ - • ~u u• m ~ ~o ~~ $~k~ ~ ~Se u~ ~a°a~s r_ ~ k N ~ ~ i nr~ ~ ~ sF~ ~ . 5 ~ ~' d ~ ~ ~ ~ ~~ .rL'l9Z 3°SI,60-0ON q i~ I!~ ~e CC~i ~Y ~^~ of ~~ 0~~~ ~ ~ e 3NY'I•NOSY311Yd ~~ 571 0 ~F a eY ~'g ~~rS€ ~ ~~€°~~ ~.+~~ d t`k~~s' ~~€~~~~~ ''''''~~.~ ~~~ 8 I 3 ~4 < 6$ ~ ~~'• '4kyf~'+ ~ ~ < _ I ~ ~ ~a, ~' .ZL'Zrl 3.if LOAOf g ~r• ~ sr° I ~~ ffiYx ~~ , g s ~I s`~~l~i~~ai ci ~§~~a $~£ N ~ Sep ° ~` I X~ ~ "e~~ ~o ° - ~w ~~ I I g s I~- O O N 0 a.. Q 1 Q Q .- ~~ ~~ ,, ,1 ~ r .,,,,~ ..w - ~, . ~„ ._ ,~ ~ ~, .. ~ ~,.-. e f ,~, ~i f~~' ~, ' .~, ~. w. ~~ :_. ,. ~- :. ,~ F~ .3 M ~.-~ yt ~'". M„~t"'.'.r" ~ ~t . '. 0`K~, f :. ,, ~ y ,,,t-1 X .. - , r., ... „t ., ,~ h 1}::Y i ,r s .~ t r .nt ~, '~ ~~~ ~sr r, : a' ~ y i^BJ~illt~i~~ ~~ nRI s -. { t ~ + -~. ~.. _ ~ ~ ~1 rt air y` z r a L S~ r+ r• { , ~. ,. . t t II ~~~~ w K N'~ ^~ t~ I ~:.. ~~ . S~ "~ ~ r , r ~+~~.:., . y,+~~f,~•~ ,w. ALL: 3 3 a; r ~; ; . . _ ,, r ~r of ` flT .. , .:. ~. ~ ~ ~ ,~n< ..: .rte. ~.. .. t . ... _.. '„p b ~,.. k., r _ ,~ E ~ r ,. ~ ,~ Rr t ,s~ ~ x .~ ,. u. k ~` ~ "` «. ., w . " .. , ~ •. .« .: '~I ~. ~~' r,,,s . ,~ ~; ~« CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE March 19, 2007 TO Doug Connally FAX NO 214.349.2216 FROM Chris Fuller, Development Director SUBJECT P-07-018 Hampton Addition Minor Plat The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Lot 1 does not meet the minimum lot area per the R20 zoning district. The R20 zoning district requires a minimum of 20,000 square feet of lot area. A waiver request to the Planning and Zoning Commission for approval of Lot 1 will be required. 2. Provide a 30-foot front yard setback line along both Patterson Lane and Glade Road on Lot 1 in accordance with the R20-Single Family Residential zoning district. 3. Provide a 30-foot front yard setback line on Lot 2 in accordance with the R20-Single Family Residential zoning district. 4. Remove the Staff and City Council approval blocks. The Planning and Zoning Commission is the approval body for this minor plat. 5. Show a 7.5 foot wide utility easement adjacent to the southern property line of Lot 1. Contact Jeremy Hutt, Project Engineer, 817.503.1095, for more information. 6. Show a 7.5 foot wide utility easement adjacent to the northern and eastern property lines of Lot 2. Contact Jeremy Hutt, Project Engineer, 817.503.1095, for more information. 7. Show 47.5 feet of right-of--way for Glade Road, in accordance with the Master Thoroughfare Plan. Contact Jeremy Hutt, Project Engineer, 817.503.1095, for more information. 8. Verify the right-of--way width of Patterson Lane. If 50 feet ofright-of--way does not exist, dedicate sufficient right-of--way to provide for 25 feet of right-of--way width adjacent to 100 Main Street, Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-07-018 HAMPTON ADDITION MINOR PLAT this subdivision. Show this information on the plat. Contact Jeremy Hutt, Project Engineer, 817.503.1095, for more information. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are not required for Lot 1 property as an existing house is located on the lot. Perimeter street fees are applicable for Lot 2. Perimeter street improvement fees for Lot 2 are due at the time of approval of the final plat. Perimeter street improvements are required for Lot 2 since Patterson Lane is considered an unimproved street. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. PARKLAND DEDICATION FEES. Parkland dedication fees are not required for Lot 1 as an existing house is located on the lot. As new vacant lots would be created by the plat, the payment of parkland dedication fees is required for Lot 2. Parkland dedication fees are due for Lot 2 at the time of approval of the plat. The fee for single-family residential development is $1,802 per new lot. SIDEWALKS. The Land Development Code requires sidewalks along all public streets. The sidewalk along Patterson Lane must be a minimum of four feet in width and installed when any new structures are built on the property. There is an existing sidewalk located on this site along Glade Road. The developer will be responsible for replacing and/or repairing the sidewalks, should damage occur during the construction process, prior to the issuance of a Certificate of Occupancy for new buildings on the site. TREE PRESERVATION. Trees not located within the right-of--way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of--way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after final plat approval, at the time of submittal for a clearing and grading permit. A copy of the approved subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of existing trees within the building setback areas. Trees within with right of way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. Provide a table on the exhibit that lists the size, per caliper inches, and type of trees within the building setback areas within each lot. PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE P-07-018 HAMPTON ADDITION MINOR PLAT IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid maybe different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. Please note the revised impact fee schedule as adopted by City Council. The new rates will go into effect for building permits issued on or after April 1, 2007. ROADWAY Not required for this property as an existing house is located on the lot. WATER $2,491 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. The following impact fee schedule is applicable for building permits issued on or before March 31, 2007. ROADWAY Not required for this property as an existing house is located on the lot. WATER $2,666 fora 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $200 fora 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, Apri19, 2007, 7:00 p.m. Please submit the following to our offices: A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; ^ 10 full size copies of the revised exhibit; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Tuesday, Apri13, 2007, in order to make the scheduled hearings. Please contact me at iitllerc(rz~ci.colleyville.tx.us or 817.503.1052 if you have any questions. PAGE 3 OF 3 DQE~G GQt~INALLY & ASS-C.IGIATES, I~IG. 11545 PAGEMILL RD. #200 DALLAS, TEXAS 76243 • 468 HILLCREST SULPHUR SPRINGS, TEXAS 75482 PH 214-349-9485 FAX 214-349-2218 PH 903-438-1200 FAX 903-438-1266 To Chris Fuller, Development Director, City of Colleyville: This letter is in response to the items listed on the Colleyville Development Review Committee comments for "P-07-018 Hampton Addition, Minor Plat" these comments will be addressed in the order as they are shown on the Review Comments; 1) The owner is awaze that the lot does not meet the R20 Zoning minimum square footage, and requests a waiver for the Lot in question due to other Lots in the azea below minimum squaze footage required for R20 Zoning. 2) I have provided the 30 foot front yard setback along both Patterson Lane and Glade Road on Lot 1 in accordance with the R20 Zoning, per the City's request. 3) I have provided the 30 foot front yazd setback along Patterson Lane on Lot 2 in accordance with the R20 Zoning, per the City's request. 4) I have removed the Staff and City Council approval blocks as requested. 5) I have provided the 7.5 foot utility easement adjacent to the Southern property line of Lot 1, per the City's request. 6) I have provided the 7.5 foot utility easement adjacent to the Northern & Eastern property lines of Lot 2, per the City's request. 7) I have reseazched the right-of--way in this are and at this point of Glade Road the right-of- way is 70 feet. 8) The right-of--way of Patterson Lane is 40 feet and for the road to reach the 50 foot right- of-way the City requires I have shown a 10 foot right-of--way dedication along Patterson Lane. The Property owner has been made aware of the following items listed in the Colleyville Development Review Committee comments for "P-07-018 Hampton Addition, Minor Plat" • Perimeter street improvement fees for Lot 2 aze due at the time of approval of the Final Plat. • Parkland dedication fees are due for Lot 2 at the time of approval of Final Plat. Thank You, Robert Richardson Platting Coordinator/ Senior Drafting Technician =RECEIVED APR 0 4 2UO; l Per ............. Registered Professional Land Surve~ars dcasurveyinq.com RESOLUTION R-07-2858 A RESOLUTION APPROVING A REQUEST FOR A REFUND OF THE PERIMETER STREET FEES FOR LOT 2, BLOCK A OF THE HAMPTON ADDITION SUBDIVISION IN THE AMOUNT OF $2,843.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT a refund in the amount of $2,843.00 is hereby granted to Wade B. Hampton of 2301 Glade Road in the City of Colleyville. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC David Kelly City Secretary Mayor `"' "`-, 100 Main Street ~;~~ ~ City of C o I I eyv i I I e Coll (817) 03X1000 034 ,..,~;4, Agenda Briefing vwvw.colleyville.com File Number: R-07-2859 File Number: R-07-2859 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 07/17/2007 Agenda No.: 6b Status: Resolution Controlling Body: City Council Final Action: File Name: Approval to amend and replace Resolution R-06-2721, adopting Rules of Procedure for Council meetings pursuant to the authority granted in Section 3.096 of the City Charter and establishing an effective date Attachments: Resolution R-06-2721.pdf Resolution R-07-2859.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/17/2007 City Council Title Approval to amend and replace Resolution R-06-2721, adopting Rules of Procedure for Council meetings pursuant to the authority granted in Section 3.096 of the City Charter and establishing an effective date Explanation Reading and Public Hearing During the June 15, 2007 City Council Worksession and the July 10, 2007 Pre Council meeting, City Council identified sections of the City Council Rules of Procedure to consider for modification. Many of the proposed modifications are a result of the City Council's direction to revise the boards, commissions and committees' terms and appointment process as provided in the City Council Rules of Procedure. Based on City Council's desire to implement the new process for the September appointments, the proposed City Council Rules of Procedure will require City Council approval on July 17, 2007. The proposed modifications include Section III. Type of Meetings, the meeting time of City Council regular meetings; Section VI. Decorum and Debate, modify sentence structure; Section VII, Procedures for City Council Appointments, the nomination process; Section VII. Procedures for City Council Appointments, the deletion of 7E; and Section VIII. Memorials, the procedure for making a donation in honor of a current or former City elected official. This item provides an opportunity for City Council review of the proposed changes and consideration of approval. Financial Impact It has been determined that there is no financial impact. -__ City of Colleyville Page 1 Printed on 7/11/2007 Agenda Briefing Continued (R-07-2859) Recommendation Approval City of Colleyville Page 2 Printed on 7/11/2007 RESOLUTION R-06-2721 A RESOLUTION AMENDING AND REPLACING RESOLUTION R-OS-2599, ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS PURSUANT TO THE AUTHORITY GRANTED IN SECTION 3.098 OF THE CITY CHARTER AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Charter of the City of Colleyville authorizes the City Council to determine its own rules and order of business; and WHEREAS, the City Council has been elected by the Public to represent all the citizens on their behalf; and WHEREAS, orderly Council meetings providing reasonable Council and citizen input; foster good government and honor the democratic process; and WHEREAS, unlimited discussion and input can project a perspective inconsistent with the majority will and beyond the right of the minority regarding matters of public policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: SECTION I. FINDINGS 1.1 THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. PRIOR RESOLUTIONS 1.2 THAT by the passage of this Resolution, Resolution R-05-2599, is hereby amended in its entirety and as provided for herein. AUTHORITY 1.3 THAT Section 3.098 of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business...". Further, Section 2.01 of such Charter provides that the "City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter may be granted to a Home Rule City by the Constitution and State law, together with all implied Resolution R-06-2721 Page 2 of 2 powers necessary to carry into execution all such powers granted". In order to provide the framework for the execution of these powers and authority, the Rules of Procedure set forth in the attached Exhibit "A" are hereby adopted, which exhibit is incorporated herein by reference, and shall be in effect upon their adoption by the City Council and until such times as they are amended or new rules adopted in the manner provided for by these rules. SECTION II. REPEAL 2.1 THAT this Resolution repeals previous Rules of Procedure and becomes effective after the meeting adopting Resolution R-06-2721. APPROVED BY A VOTE OF ~ AYES, NAYS AND C~ ABSTENTIONS, THIS THE ~5~OF 2006. ATTEST: Cynthia Singleton, TRMC, MC City Secretary CITY OF COLLEYVILLE ~'j ,. G-l-~~~ David Kelly Mayor CITY OF COLLEYVILLE CITY COUNCIL RULES OF PROCEDURES SECTION I. AUTHORITY 1.1 Section 3.09B of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business...". Further, Section 2.01 of such Charter provides that the "City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter may be granted to a Home Rule City by the Constitution and State law, together with all implied powers necessary to carry into execution all such powers granted". In order to provide the framework for the execution of these powers and authority, the following set of rules shall be in effect upon their adoption by the City Council and until such times as they are amended or new rules adopted in the manner provided for by these rules. SECTION II. GENERAL RULES 2.1 Meetings to be Public. All meetings of the City Council shall be open to the public, with the exception of Executive Session. 2.2 City Council. For purposes of these rules, the collective membership of the Mayor and City Councilmembers shall be known as the City Council. Individually, each shall be referred to as Mayor or Councilmember. 2.3 Quorum. Four (4) voting members of the City Council shall constitute a quorum. 2.4 Minutes of Meetings. An account of all proceedings of the City Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the City Council. The Official City Council Minutes are action minutes and provide the action taken by the City Council and a summary of subjects discussed. Rules of Procedure Page 2 of 12 2.5 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any Councilmember may require a division, if the question reasonably admits of a division. Division shall be required only on the affirmative vote of three (3) Councilmembers. If no division is so requested and approved, or the questions do not reasonably admit of a division, the question shall be submitted as originally framed. 2.6 City Manager. The City Manager shall attend all City Council meetings unless expressly excused. He may make recommendations to the City Council and take part in all discussions of the City Council, but shall have no vote. 2.7 City Attorney. The City Attorney shall attend all regular meetings of the City Council unless expressly excused and, shall upon request, give an opinion, either written or oral, on questions of law during the meeting. The City Attorney shall act as the City Council's Parliamentarian. The City Attorney shall give an opinion, either written or oral, on questions of law to the City Manager or his designated representative, during the course of daily affairs of the City. He may make recommendations to the City Council and take part in all discussions of the City Council, but shall have no vote. The City Attorney shall confer and discuss with a Councilmember or the Mayor regarding a question of law pertaining to the affairs of the City. In such event, the City Attorney shall advise the City Manager of the question posed and information provided. The City Manager shall forward the information to the full City Council as soon as reasonably practical. 2.8 City Secretary. The City Secretary shall attend all meetings of the City Council unless expressly excused, and shall keep the official minutes and perform such other duties as may be requested by the City Council. 2.9 Employees. Any employee of the City, when requested by the City Manager, shall attend any meeting of the City Council and, if requested to do so by the City Manager, such employee may present information relating to matters before the City Council. The City Manager will determine the staff spokesperson for providing information, for a particular agenda item, at the City Council meeting. 2.10 Rules of Order. Roberts Rules of Order Revised shall govern the proceedings of the City Council in all cases unless they are in conflict with these rules. A copy of the Robert's Rules of Order is available in the City Secretary's office. Rules of Procedure Page 3 of 12 2.11 Suspension of Rules. Any provisions of these rules not governed by State law, the City Charter, or City Code may be temporarily suspended by a majority vote of all Councilmembers present and eligible to vote. 2.12 Executive Session. All matters discussed in Executive Session, as authorized by the Texas Open Meetings Act, may be deemed confidential and by law, participants authorized to attend Executive Sessions are not required to make public disclosure concerning the matters discussed in Executive Session. It shall be the policy of the City Council, that the Mayor, individual Councilmembers, the City Manager, City Attorney, City Secretary and others who are authorized to attend Executive Sessions shah not make selective disclosure of confidential matters, where the disclosure of the information has not been released to the general public and/or where such disclosure provides an unfair advantage to the recipient or would be detrimental to the City and its citizens. For the opening and closing of an Executive Session, the Mayor shall do such at the location as noted on the official agenda notice posted in compliance with the Texas Open Meetings Act. For purposes of regular agenda meeting postings, the opening and closing of an Executive Session shall be done in the Executive Conference Room of City Hall. SECTION III. TYPES OF MEETINGS 3.1 Regular Meetings. The City Council shall meet in the City Hall on the first and third Tuesday of each month at 6:45 p.m. unless otherwise officially established by the City Council. The City Council shall take a vote at 12:00 a.m. on whether or not to continue a meeting for additional time if further items are on the agenda and have not been considered. The call for and conduct of all meetings of the City Council, both regular and special as provided in Section 3.2 hereof, shall be in accordance with State law. 3.2 Special Meetings. Special meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager. The call for a special meeting shall be documented and filed with the City Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all Councilmembers are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, shall list the subject or subjects to be considered and a Public Notice shall be posted at least 72 hours before the meeting is scheduled to begin. In accordance with State law, the notice to the public of an emergency meeting must be posted at least two hours before the meeting is scheduled to begin. An emergency meeting exists only if immediate action is required of a governmental body because of an "imminent threat to public health and safety" or a "reasonably unforeseeable situation". Rules of Procedure Page 4 of 12 3.3 Recessed Meetings. Any meeting of the City Council may be recessed to a later time provided that no recess shall be for a longer period than until the next regularly scheduled City Council meeting. 3.4 Worksession Meetings. Worksession meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager for the purpose of discussing in depth, investigating or exploring matters of interest to the City, without formal action being taken thereon by the City Council. The time, place, and purpose of such worksession meeting shall be stated in a notice complying with the Texas Open Meetings Act. Such worksession meetings may be held in any appropriate location outside the City Hall upon concurrence by any three (3) Councilmembers or as determined by the City Manager. Such worksession meetings may include, but shall not be limited to, meetings with neighboring governmental bodies or agencies, meetings with one of the City's appointed boards, commissions or committees, meeting with civic organizations or a meeting for Councilmembers to research, evaluate, explore, investigate or discuss any matter of interest or possible action affecting the City, subject to compliance with the provisions of the Texas Open Meetings Act. The City Council may establish regular worksession meetings immediately prior to regular Tuesday meetings. In conjunction with the regularly scheduled City Council meeting, a Pre City Council worksession shall be held at 5:30 p.m. unless otherwise officially established by the City Council. The agenda for the Pre City Council worksession shall include, among other items: routine reports, issues that the City Manager seeks direction or clarification on and additionally items scheduled for the agenda of the regular agenda for that evening. No official action shall be taken at any worksession meeting, unless a regular or special meeting is called as provided for in these Rules. SECTION IV. CONDUCT OF MEETINGS 4.1 Presiding Officer. The Mayor, if present, shall preside at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both Mayor and Mayor Pro Tem, the City Council shall elect a Councilmember to preside. 4.2 Call to Order. The meetings of the City Council shall be called to order by the Mayor, or in his absence, by the Mayor Pro Tem. In the absence of both Mayor and Mayor Pro Tem, the meeting shall be called to order by the City Secretary. Rules of Procedure Page 5 of 12 4.3 Preservation of Order. The Mayor shall preserve order and decorum, prevent clash of personalities or the impugning of Councilmembers' motives to occur and confine Councilmembers in debate to the question under discussion. 4.4 Points of Order. The Mayor shall determine all points of order, subject to the right of any Councilmember to appeal to the City Council. If any appeal is taken, the question shall be "Shall the decision of the Mayor be sustained?" 4.5 Questions to be Stated. The Mayor shall state all questions submitted for a vote and announce the result. 4.6 Substitution for Mayor. The Mayor may call the Mayor Pro Tem, or in his absence, any other Councilmember to take his place in the chair, such substitutions not to continue beyond adjournment. 4.7 Amendment to the Minutes. Amendments to the Minutes are made by a motion during the item to consider approval of the minutes. The Minutes are action minutes and provide the action taken by City Council and a summary of subjects discussed. If a Councilmember desires that certain information be included in the minutes, the Councilmember shall state prior to the information, "For the record". If it is a lengthy statement, a written copy shall be provided to the City Secretary. SECTION V. AGENDA 5.1 Preparation of Agenda. A. The order of business of each meeting shall be as contained in the City Council agenda prepared by the City Manager. The agenda shall be a listing by topic of subjects to be considered by the City Council, and, in the case of regular meetings, shall be delivered to the City Council not less than 72 hours preceding the Tuesday evening meeting to which it pertains. B. Any member of the City Council desiring to present a subject for City Council consideration shall advise in writing to the City Manager of the fact not later than 4:30 p.m. on Wednesday preceding regular City Council meetings. Subject matter will be accompanied by a summary regarding the purpose for the inclusion of this subject on the agenda. Rules of Procedure Page 6 of 12 C. Items Omitted from Agenda. Any item not appearing on the agenda shall not be taken up for discussion as a matter of City Council business during a regular meeting unless it is of an emergency nature and comes to the City's attention too late to appear on the agenda. Such special, urgent or emergency issues shall be posted in compliance with the Texas Open Meeting's Act and the City Charter and may be added as a supplemental item to the regular agenda. The regular agenda items shall be considered in the following order: 1. Pre Council - 5:30 p.m. -Executive Conference Room 2. Executive Session - 5:30 p.m. -Executive Conference Room 3. Call to Order - 7:30 p.m. -Council Chambers 4. Invocation 5. Pledge of Allegiance 6. Resolution or Ordinance taking action on Executive Session items 7. Correspondence, Miscellaneous Reports of meetings attended by Council and City Officials and Announcements, Proclamations and Presentations 8. Consent Items 9. Public Hearings 10. Citizen Comments/Presentations regarding items not on the agenda 11. Staff Reports 12. Reports of Advisory Boards, Commissions and Committees (to include monthly status reports on all project/development committees currently operating, in writing) 13. Resolution Approving City Council Action not otherwise approved 14. Adjournment D. The general order of a Public Hearing shall be: a. Staff presentation -five minutes b. Open Public Hearing c. Applicant introductory presentation -five minutes d. Citizen comments - five minutes each (Large groups supporting the same position may be asked to select a representative to speak for the group) e. Applicant presentation -ten minutes f. Close Public Hearing g. City Council discussion and vote h. In the alternative, the item may be continued to a future meeting of the City Council: Rules of Procedure Page 7 of 12 1. If the City Council wishes to consider additional public testimony, the public hearing shall be reopened and the public hearing and item shall be continued to a date certain. 2. If the Public Hearing is not open and continued to a date certain, the City Council may only conduct an additional public hearing upon publication of notice in accordance with Chapter 211 of the Local Government Code. E. The City Manager shall provide the City Council with a written analysis of and recommendation of items to be acted on by the City Council at its meetings. These communications shall be generally referred to as agenda packets. The agenda packets for all regular meetings shall be delivered to the City Council by the Friday preceding the Tuesday regular meeting to which it pertains, unless an emergency condition makes it necessary to deliver the communication on a subsequent day. F. The City Secretary shall post notices of all City Council meetings in order to afford compliance with the Texas Open Meetings Act. 5.2 Consent Agenda. In preparing the agenda, the City Manager shall give consideration to the number and degree of complexity of items to be considered by the City Council for the purpose of conserving the City Council's time in meetings. Items which are anticipated to be routine and require little or no discussion by the City Council shall be listed under the agenda category styled "Consent Items': Prior to taking up the Consent Agenda, the Mayor shall determine if there are any items thereon which should be removed from the Consent Agenda for discussion. Any Councilmember may, upon request, remove any item from the Consent Agenda for discussion and separate action. Thereafter, all remaining Consent Agenda items may be acted upon by a single motion approving the Consent Agenda. Items removed from the Consent Agenda shall be considered on the ending Resolution, which is for action not otherwise approved. 5.3 Oral Presentations by City Manager. Matters requiring the City Council's attention or action which may have developed since the deadline for delivery of the agenda packets may, upon approval of the City Council, and after satisfying the requirements of the Texas Open Meetings Act, be presented orally by the City Manager, or his designated staff. 5.4 Citizen Participation at Meetings. A. Presentation by citizens must be confined to the agenda item being considered and any questions will be directed to the Mayor. Citizens wishing to speak shall be Rules of Procedure Page 8 of 12 allowed to speak, provided prior to the consideration of the item, said person completes and delivers to the City Secretary a Speaker's Card providing name, address and topic. A person who has not completed the Speaker's Card prior to discussion of the item on the agenda shall not be allowed to speak. Presentation by citizens shall be limited to a time period of not more than five (5) minutes with two (2) additional minutes to conclude, at the option of the Mayor or the consent of the City Council, for each speaker. Any time spent by the City Council will not be counted against the citizen's time allotment. No person shall speak more than the time limits provided herein on any subject. That privilege shall not be accorded unless there is an exception supported by a majority of those eligible to vote. The Mayor shall not be obligated to recognize a speaker for a second comment on a subject until all others have spoken and there is unused time available. B. Following a request by a Councilmember, the Mayor may request that the City Council suspend the rules to allow citizens to speak after the public hearing has been closed. C. To maintain decorum, the Mayor shall recognize persons who have completed speaker cards indicating a desire to address the City Council. D. As a general rule, citizens may not participate in discussions of the City Council except when recognized by the Mayor and during citizen presentations, public hearings and as otherwise provided for in these Rules. E. Citizens may speak on items not on Comments/Presentations Regarding Items Not On period is as listed herein Section 5.4A. the agenda under the item "Citizen The Agenda". The presentation time SECTION VI. DECORUM AND DEBATE 6.1 When a measure is presented for consideration to the City Council, the Mayor shall recognize the appropriate Councilmember to present the case, as needed. When two or more Councilmembers wish to speak, the presiding officer shall name the Councilmember who is to speak first. No member of the City Council shall interrupt another while speaking except to make a point of order or to make a point of personal privilege. No Councilmember shall speak more than five (5) minutes on any amendment to the question except as further provided in this section. 6.2 No Councilmember shall speak more than the time limits provided herein on any subject or amendment, and such Councilmember may use his/her time in any combination, in separate speech or comments totaling the number of minutes permitted. Rules of Procedure Page 9 of 12 The Mayor shall not be obligated to recognize any Councilmember for a second comment on the subject or amendment until every Councilmember wishing to speak has been allowed a first comment. Councilmembers shall also have the right to yield a portion of time to another Councilmember. 6.3 Any Councilmember deciding to speak more than ten (10) minutes on any question or more than five (5) minutes on any amendment to the questions shall be accorded the privilege unless there is an objection supported by a majority of those eligible to vote of the City Council. 6.4 Questions to the City Council with request for an immediate answer from speakers, except the applicants and persons representing applicants on platting or zoning cases, shall be prohibited. A Councilmember's questions to speakers should be to specific individuals and the Mayor should explain to those individuals beforehand that they may come to the podium and answer if they choose to; but, they cannot offer additional unsolicited input or engage in question and answer sessions with Councilmembers. 6.5 Any Councilmember desiring to speak shall be recognized by the Mayor, and shall confine his remarks to the subject under discussion or to be discussed. No Councilmember shall be allowed to speak more than once on any one subject until every Councilmember wishing to speak shall have spoken. 6.6 No Councilmember shall be permitted to indulge in personalities, use language personally offensive, impugn motives of Councilmembers, charge deliberate misrepresentation, or use language tending to hold a member of the City Council, the public or City staff up to contempt. 6.7 The Mayor shall not permit unrecognized speaker's comments or allow a member of the audience to indulge in personalities, use language tending to hold the City Council, the public or City staff up to contempt. 6.8 If a Councilmember is speaking or otherwise transgressing the rules of the City Council, the Mayor shall or any Councilmember may call him/her to order in which case he/she shall immediately be quiet unless permitted to explain. The City Council shall, if appealed to, decide the case without debate. If the decision is in favor of the Councilmember called to order, he/she shall be at liberty to proceed, but not otherwise, and if the case occurs, he/she shall be liable to censure or such punishment as the City Council deems proper, consistent with City Ordinances, Resolutions and Charter. Rules of Procedure Page 10 of 12 6.9 Any individual of the public who shall disrupt the City Council proceedings or disregard the Mayor shall first be warned of such offense and be requested that they refrain from disrupting the proceedings and/or disregarding the instructions of the Mayor. Any individual of the public failing to honor the first warning of the Mayor for order, shall receive a second and final warning prior to expulsion and/or citation for disturbing a public meeting pursuant to State law. When the Mayor fails to maintain order and decorum, the Councilmembers may compel the Mayor to enforce this provision following due parliamentary procedure, which affirms such compulsion by a majority vote of the City Council. SECTION VII. PROCEDURES FOR CITY COUNCIL APPOINTMENTS The following procedures are for making appointments to boards, committees and commissions established by ordinance or resolution. Appointments to ad hoc committees and task forces established by resolution should not necessarily be bound by the same procedures, but may be done in a manner appropriate to the situation as deemed proper by the City Council. The City Council shall set the quorum for a committee. The City Council shall vote whether the committee selection will be handled by the rules of procedures or by slate. 7.1 Announce the position(s) to be filled. In the announcement, define the duties of the position(s), define the term of the position and request that applications be formally submitted to the City Council by a specific deadline. The deadline should be at least one month prior to the appointment date of the position to be filled. This announcement should be made at least 30 days prior to the deadline for submission of applications and should be placed in the local newspaper, posted at City Hall, on the website and placed in the Colleyville Communicator (if timely). 7.2 At the first City Council meeting after the deadline for application submission, invite the candidates for interviews with the City Council, which may be subject to the Texas Open Meetings Act or be conducted in Executive Session, including applicants for the Planning and Zoning Commission, Zoning Board of Adjustment, Parks and Recreation Advisory Board, Colleyville Economic Development Corporation and the Colleyville Tax Increment Financing District Board of Directors. If no applications are received or fewer applications than open positions, the position(s) are re-advertised automatically by the City Secretary. Rules of Procedure Page 11 of 12 7.3 The candidates will be selected to fill the open positions no later than the second City Council meeting after the deadline for application submission, in the following manner: A. If more than one position is to be filled, consider the appointment for each position individually in the order selected by the Mayor, as follows: B. For the first position, the Mayor shall request a verbal nomination from each Councilmember and then make one verbal nomination. A maximum of one nomination may be made by each Councilmember or the Mayor. C. Councilmembers or the Mayor may decline to make a nomination if previous nominations are acceptable. D. After each Councilmember has had an opportunity to make a nomination or defer to make a nomination, the Mayor will take a vote on the slate of nominees by asking each Councilmember to state the name of the nominee that the Councilmember votes to appoint to the position under consideration. E. The nominee receiving the majority of the votes is declared the winner and will be appointed to fill the vacant position. In the event of a tie, the nominees involved in the tie are considered the new slate of nominees and the vote is taken again in the same manner. In the event of the second tie, the Mayor will cast the deciding vote. F. Return to Step B and repeat the process for the next position to be filled until all positions are filled. SECTION VIII. MEMORIALS The following procedures are for honoring deceased current or former City elected officials, deceased sitting board, commission or committee members, Colleyville Firefighters or Police Officers who die while in service with the City and other firefighters or police officers employed by other cities. 8.1 Recognition of the death of a current or former City elected official. When the City is notified of the death of a current or former elected official, the Office of the City Manager will arrange for a flower arrangement to be delivered to the location of the funeral services. A card, noting the arrangement is from the City of Colleyville will be included with the arrangement. The cost of the arrangement is not to exceed $75.00. Rules of Procedure Page 12 of 12 When the deceased is a sitting Mayor or Councilmember, the elected official's dais seat will be draped in black ribbon for not more than one week prior to the date of the funeral. In addition, the member's photograph, when available, will be placed with an "In Memoriam" wreath at the front entrance of Colleyville City Hall for a period for up to one week prior to the date of the funeral. When the deceased is a former or current Mayor with a permanent photograph located in the Council Chambers, a permanent black ribbon banner will be added to the photograph frame of the deceased Mayor. At the request of the family of a deceased sitting Councilmember or past or present Mayor, a police and/or fire honor guard will attend immediately prior to the service, if services are held locally. If services are held locally, and the service is requested by the family of a sitting Councilmember or past or present Mayor, the police department will provide a police escort through and within the City. At no time, will City equipment be used for the transport of a casket or in a funeral procession for elected or appointed officials. 8.2 Recognition of the death of a sitting board, commission or committee member. When the City is notified of the death of a sitting board, commission or committee member, the Office of the City Manager will forward a sympathy card to the spouse. If the deceased was sitting on a board or commission, which regularly meets in the Council Chambers, a dais seat will be draped in black ribbon for not more than one week prior to the date of the funeral. 8.3 Recognition by lowering of the United States Flag. The City is not at liberty to proclaim the Flag of the United States be flown at half-staff in recognition of a City official. Per the United States Code, only the President of the United States or the State Governor can order the flag lowered to half-staff. Consistent with federal code, the City shall lower the Flag of the United States in honor of a Colleyville Firefighter or Police Officer who dies while in service with the City. The Colleyville City Manager, consistent with federal code, may lower the Flag of the United States for other firefighters or police officers employed by other cities. RESOLUTION R-07-2859 A RESOLUTION AMENDING AND REPLACING RESOLUTION R-06-2721, ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS PURSUANT TO THE AUTHORITY GRANTED IN SECTION 3.096 OF THE CITY CHARTER AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Charter of the City of Colleyville authorizes the City Council to determine its own rules and order of business; and WHEREAS, the City Council has been elected by the Public to represent all the citizens on their behalf; and WHEREAS, orderly Council meetings providing reasonable Council and citizen input; foster good government and honor the democratic process; and WHEREAS, unlimited discussion and input can project a perspective inconsistent with the majority will and beyond the right of the minority regarding matters of public policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: SECTION I. FINDINGS 1.1 THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. PRIOR RESOLUTIONS 1.2 THAT by the passage of this Resolution, Resolution R-06-2721, is hereby amended in its entirety and as provided for herein. AUTHORITY 1.3 THAT Section 3.096 of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business...". Further, Section 2.01 of such Charter provides that the "City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter may be granted to a Home Rule City by the Constitution and State law, together with all implied Resolution R-07-2859 Page 2 of 2 powers necessary to carry into execution all such powers granted". In order to provide the framework for the execution of these powers and authority, the Rules of Procedure set forth in the attached Exhibit "A" are hereby adopted, which exhibit is incorporated herein by reference, and shall be in effect upon their adoption by the City Council and until such times as they are amended or new rules adopted in the manner provided for by these rules. SECTION II. REPEAL 2.1 THAT this Resolution repeals previous Rules of Procedure and becomes effective after the meeting adopting Resolution R-07-2859. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS, THIS THE DAY OF 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Exhibit "A" CITY OF COLLEYVILLE CITY COUNCIL RULES OF PROCEDURES SECTION I. AUTHORITY 1.1 Section 3.09B of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business...". Further, Section 2.01 of such Charter provides that the "City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter may be granted to a Home Rule City by the Constitution and State law, together with all implied powers necessary to carry into execution all such powers granted". In order to provide the framework for the execution of these powers and authority, the following set of rules shall be in effect upon their adoption by the City Council and until such times as they are amended or new rules adopted in the manner provided for by these rules. SECTION II. GENERAL RULES 2.1 Meetings to be Public. All meetings of the City Council shall be open to the public, with the exception of Executive Session. 2.2 City Council. For purposes of these rules, the collective membership of the Mayor and City Councilmembers shall be known as the City Council. Individually, each shall be referred to as Mayor or Councilmember. 2.3 Quorum. Four (4) voting members of the City Council shall constitute a quorum. 2.4 Minutes of Meetings. An account of all proceedings of the City Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the City Council. The Official City Council Minutes are action minutes and provide the action taken by the City Council and a summary of subjects discussed. Rules of Procedure Page 2 of 13 2.5 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any Councilmember may require a division, if the question reasonably admits of a division. Division shall be required only on the affirmative vote of three (3) Councilmembers. If no division is so requested and approved, or the questions do not reasonably admit of a division, the question shall be submitted as originally framed. 2.6 City Manager. The City Manager shall attend all City Council meetings unless expressly excused. The City Manager may make recommendations to the City Council and take part in all discussions of the City Council, but shall have no vote. 2.7 City Attorney. The City Attorney shall attend all regular meetings of the City Council unless expressly excused and, shall upon request, give an opinion, either written or oral, on questions of law during the meeting. The City Attorney shall act as the City Council's Parliamentarian. The City Attorney shall give an opinion, either written or oral, on questions of law to the City Manager or #is designated representative, during the course of daily affairs of the City. The City Attorney may make recommendations to the City Council and take part in all discussions of the City Council, but shall have no vote. The City Attorney shall confer and discuss with a Councilmember or the Mayor regarding a question of law pertaining to the affairs of the City. In such event, the City Attorney shall advise the City Manager of the question posed and information provided. The City Manager shall forward the information to the full City Council as soon as reasonably practical. 2.8 City Secretary. The City Secretary shall attend all meetings of the City Council unless expressly excused, and shall keep the official minutes and perform such other duties as may be requested by the City Council. 2.9 Employees. Any employee of the City, when requested by the City Manager, shall attend any meeting of the City Council and, if requested to do so by the City Manager, such employee may present information relating to matters before the City Council. The City Manager will determine the staff spokesperson for providing information, for a particular agenda item, at the City Council meeting. 2.10 Rules of Order. Robert's Rules of Order Revised shall govern the proceedings of the City Council in all cases unless they are in conflict with these rules. A copy of the Robert's Rules of Order is available in the City Secretary's office. Rules of Procedure Page 3 of 13 2.11 Suspension of Rules. Any provisions of these rules not governed by State law, the City Charter, or City Code may be temporarily suspended by a majority vote of all Councilmembers present and eligible to vote. 2.12 Executive Session. All matters discussed in Executive Session, as authorized by the Texas Open Meetings Act, may be deemed confidential and by law, participants authorized to attend Executive Sessions are not required to make public disclosure concerning the matters discussed in Executive Session. It shall be the policy of the City Council, that the Mayor, individual Councilmembers, the City Manager, City Attorney, City Secretary and others who are authorized to attend Executive Sessions shall not make selective disclosure of confidential matters, where the disclosure of the information has not been released to the general public and/or where such disclosure provides an unfair advantage to the recipient or would be detrimental to the City and its citizens. For the opening and closing of an Executive Session, the Mayor shall do such at the location as noted on the official agenda notice posted in compliance with the Texas Open Meetings Act. For purposes of regular agenda meeting postings, the opening and closing of an Executive Session shall be done in the Executive Conference Room of City Hall. SECTION III. TYPES OF MEETINGS 3.1 Regular Meetings. The City Council shall meet in the City Hall on the first and third Tuesday of each month at 0~ 5:30 p.m. unless otherwise officially established by the City Council. The City Council shall take a vote at 12:00 a.m. on whether or not to continue a meeting for additional time if further items are on the agenda and have not been considered. The call for and conduct of all meetings of the City Council, both regular and special as provided in Section 3.2 hereof, shall be in accordance with State law. 3.2 Special Meetings. Special meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager. The call for a special meeting shall be documented and filed with the City Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all Councilmembers are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, shall list the subject or subjects to be considered and a Public Notice shall be posted at least 72 hours before the meeting is scheduled to begin. In accordance with State law, the notice to the public of an emergency meeting must be posted at least two hours before the meeting is scheduled to begin. An emergency meeting exists only if immediate action is required of a governmental body because of an "imminent threat to public health and safety" or a "reasonably unforeseeable situation". Rules of Procedure Page 4 of 13 3.3 Recessed Meetings. Any meeting of the City Council may be recessed to a later time provided that no recess shall be for a longer period than until the next regularly scheduled City Council meeting. 3.4 Worksession Meetings. Worksession meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager for the purpose of discussing in depth, investigating or exploring matters of interest to the City, without formal action being taken thereon by the City Council. The time, place, and purpose of such worksession meeting shall be stated in a notice complying with the Texas Open Meetings Act. Such worksession meetings may be held in any appropriate location outside the City Hall upon concurrence by any three (3) Councilmembers or as determined by the City Manager. Such worksession meetings may include, but shall not be limited to, meetings with neighboring governmental bodies or agencies, meetings with one of the City's appointed boards, commissions or committees, meeting with civic organizations or a meeting for Councilmembers to research, evaluate, explore, investigate or discuss any matter of interest or possible action affecting the City, subject to compliance with the provisions of the Texas Open Meetings Act. The City Council may establish regular worksession meetings immediately prior to regular Tuesday meetings. In conjunction with the regularly scheduled City Council meeting, a Pre City Council worksession shall be held at 5:30 p.m. unless otherwise officially established by the City Council. The agenda for the Pre City Council worksession shall include, among other items: routine reports, issues that the City Manager seeks direction or clarification on and additional items scheduled for the agenda of the regular agenda for that evening. No official action shall be taken at any worksession meeting, unless a regular or special meeting is called as provided for in these Rules. SECTION IV. CONDUCT OF MEETINGS 4.1 Presiding Officer. The Mayor, if present, shall preside at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both Mayor and Mayor Pro Tem, the City Council shall elect a Councilmember to preside. 4.2 Call to Order. The meetings of the City Council shall be called to order by the Mayor, or in his the Mayor's absence, by the Mayor Pro Tem. In the absence of both Mayor and Mayor Pro Tem, the meeting shall be called to order by the City Secretary. Rules of Procedure Page 5 of 13 4.3 Preservation of Order. The Mayor shall preserve order and decorum, prevent clash of personalities or the impugning of Councilmembers' motives to occur and confine Councilmembers in debate to the question under discussion. 4.4 Points of Order. The Mayor shall determine all points of order, subject to the right of any Councilmember to appeal to the City Council. If any appeal is taken, the question shall be "Shall the decision of the Mayor be sustained?" 4.5 Questions to be Stated. The Mayor shall state all questions submitted for a vote and announce the result. 4.6 Substitution for Mayor. The Mayor may call the Mayor Pro Tem, or in the Mayor Pro Tem's absence, any other Councilmember to take his the Mayor's place in the chair, such substitutions not to continue beyond adjournment. 4.7 Amendment to the Minutes. Amendments to the Minutes are made by a motion during the item to consider approval of the minutes. The Minutes are action minutes and provide the action taken by City Council and a summary of subjects discussed. If a Councilmember desires that certain information be included in the minutes, the Councilmember shall state prior to the information, "For the record". If it is a lengthy statement, a written copy shall be provided to the City Secretary. SECTION V. AGENDA 5.1 Preparation of Agenda. A. The order of business of each meeting shall be as contained in the City Council agenda prepared by the City Manager. The agenda shall be a listing by topic of subjects to be considered by the City Council, and, in the case of regular meetings, shall be delivered to the City Council not less than 72 hours preceding the Tuesday evening meeting to which it pertains. B. Any member of the City Council desiring to present a subject for City Council consideration shall advise in writing to the City Manager of the fact not later than 4:30 p.m. on Wednesday preceding regular City Council meetings. Subject matter will be accompanied by a summary regarding the purpose for the inclusion of this subject on the agenda. Rules of Procedure Page 6 of 13 C. Items Omitted from Agenda. Any item not appearing on the agenda shall not be taken up for discussion as a matter of City Council business during a regular meeting unless it is of an emergency nature and comes to the City's attention too late to appear on the agenda. Such special, urgent or emergency issues shall be posted in compliance with the Texas Open Meeting's Act and the City Charter and may be added as a supplemental item to the regular agenda. The regular agenda items shall be considered in the following order: 1. Pre Council - 5:30 p.m. -Executive Conference Room 2. Executive Session - 5:30 p.m. -Executive Conference Room 3. Call to Order - 7:30 p.m. -Council Chambers 4. Invocation 5. Pledge of Allegiance 6. Resolution or Ordinance taking action on Executive Session items 7. Correspondence, Miscellaneous Reports of meetings attended by Council and City Officials and Announcements, Proclamations and Presentations 8. Consent Items 9. Public Hearings 10. Citizen Comments/Presentations regarding items not on the agenda 11. Staff Reports 12. Reports of Advisory Boards, Commissions and Committees (to include monthly status reports on all project/development committees currently operating, in writing) 13. Resolution Approving City Council Action not otherwise approved 14. Adjournment D. The general order of a Public Hearing shall be: a. Staff presentation -five minutes b. Open Public Hearing c. Applicant introductory presentation -five minutes d. Citizen comments -five minutes each (Large groups supporting the same position may be asked to select a representative to speak for the group) e. Applicant presentation -ten minutes f. Close Public Hearing g. City Council discussion and vote h. In the alternative, the item may be continued to a future meeting of the City Council: Rules of Procedure Page 7 of 13 1. If the City Council wishes to consider additional public testimony, the public hearing shall be reopened and the public hearing and item shall be continued to a date certain. 2. If the Public Hearing is not open and continued to a date certain, the City Council may only conduct an additional public hearing upon publication of notice in accordance with Chapter 211 of the Local Government Code. E. The City Manager shall provide the City Council with a written analysis of and recommendation of items to be acted on by the City Council at its meetings. These communications shall be generally referred to as agenda packets. The agenda packets for all regular meetings shall be delivered to the City Council by the Friday preceding the Tuesday regular meeting to which it pertains, unless an emergency condition makes it necessary to deliver the communication on a subsequent day. F. The City Secretary shall post notices of all City Council meetings in order to afford compliance with the Texas Open Meetings Act. 5.2 Consent Agenda. In preparing the agenda, the City Manager shall give consideration to the number and degree of complexity of items to be considered by the City Council for the purpose of conserving the City Council's time in meetings. Items which are anticipated to be routine and require little or no discussion by the City Council shall be listed under the agenda category styled "Consent Items". Prior to taking up the Consent Agenda, the Mayor shall determine if there are any items thereon which should be removed from the Consent Agenda for discussion. Any Councilmember may, upon request, remove any item from the Consent Agenda for discussion and separate action. Thereafter, all remaining Consent Agenda items may be acted upon by a single motion approving the Consent Agenda. Items removed from the Consent Agenda shall be considered on the ending Resolution, which is for action not otherwise approved. 5.3 Oral Presentations by City Manager. Matters requiring the City Council's attention or action which may have developed since the deadline for delivery of the agenda packets may, upon approval of the City Council, and after satisfying the requirements of the Texas Open Meetings Act, be presented orally by the City Manager, or his designated staff. 5.4 Citizen Participation at Meetings. A. Presentations by citizens must be confined to the agenda item being considered and any questions will be directed to the Mayor. Citizens wishing to speak shall be Rules of Procedure Page 8 of 13 allowed to speak, provided prior to the consideration of the item, said person completes and delivers to the City Secretary a Speaker's Card providing name, address and topic. A person who has not completed the Speaker's Card prior to discussion of the item on the agenda shall not be allowed to speak. Presentation by citizens shall be limited to a time period of not more than five (5) minutes with two (2) additional minutes to conclude, at the option of the Mayor or the consent of the City Council, for each speaker. Any time spent by the City Council will not be counted against the citizen's time allotment. No person shall speak more than the time limits provided herein on any subject. That privilege shall not be accorded unless there is an exception supported by a majority of those eligible to vote. The Mayor shall not be obligated to recognize a speaker for a second comment on a subject until all others have spoken and there is unused time available. B. Following a request by a Councilmember, the Mayor may request that the City Council suspend the rules to allow citizens to speak after the public hearing has been closed. C. To maintain decorum, the Mayor shall recognize persons who have completed speaker cards indicating a desire to address the City Council. D. As a general rule, citizens may not participate in discussions of the City Council except when recognized by the Mayor and during citizen presentations, public hearings and as otherwise provided for in these Rules. E. Citizens may speak on items not on the agenda under the item "Citizen Comments/Presentations Regarding Items Not On The Agenda". The presentation time period is as listed herein Section 5.4A. SECTION VI. DECORUM AND DEBATE 6.1 When a measure is presented for consideration to the City Council, the Mayor shall recognize the appropriate Councilmember to present the case, as needed. When two or more Councilmembers wish to speak, the presiding officer shall name the Councilmember who is to speak first. No member of the City Council shall interrupt another while speaking except to make a point of order or to make a point of personal privilege. No Councilmember shall speak more than five (5) minutes on any amendment to the question except as further provided in this section. 6.2 No Councilmember shall speak more than the time limits provided herein on any subject or amendment, and such Councilmember may use his/her time in any combination, in separate speech or comments totaling the number of minutes permitted. Rules of Procedure Page 9 of 13 The Mayor shall not be obligated to recognize any Councilmember for a second comment on the subject or amendment until every Councilmember wishing to speak has been allowed a first comment. Councilmembers shall also have the right to yield a portion of time to another Councilmember. 6.3 Any Councilmember deciding to speak more than ten (10) minutes on any question or more than five (5) minutes on any amendment to the questions shall be accorded the privilege unless there is an objection supported by a majority of those eligible to vote of the City Council. 6.4 Questions from speakers to the City Council with request for an immediate answer except the applicants and persons representing applicants on platting or zoning cases, shall be prohibited. A Councilmember's questions to speakers should be to specific individuals and the Mayor should explain to those individuals beforehand that they may come to the podium and answer if they choose to; but, they cannot offer additional unsolicited input or engage in question and answer sessions with Councilmembers. 6.5 Any Councilmember desiring to speak shall be recognized by the Mayor, and shall confine l~ remarks to the subject under discussion or to be discussed. No Councilmember shall be allowed to speak more than once on any one subject until every Councilmember wishing to speak shall have spoken. 6.6 No Councilmember shall be permitted personally offensive, impugn motives misrepresentation, or use language tending public or City staff up to contempt. to indulge in personalities, use language of Councilmembers, charge deliberate to hold a member of the City Council, the 6.7 The Mayor shall not permit unrecognized speaker's comments or allow a member of the audience to indulge in personalities, use language tending to hold the City Council, the public or City staff up to contempt. 6.8 If a Councilmember is speaking or otherwise transgressing the rules of the City Council, the Mayor shall or any Councilmember may call him/her to order in which case he/she shall immediately be quiet unless permitted to explain. The City Council shall, if appealed to, decide the case without debate. If the decision is in favor of the Councilmember called to order, he/she shall be at liberty to proceed, but not otherwise, Rules of Procedure Page 10 of 13 and if the case occurs, he/she shall be liable to censure or such punishment as the City Council deems proper, consistent with City Ordinances, Resolutions and Charter. 6.9 Any individual of the public who shall disrupt the City Council proceedings or disregard the Mayor shall first be warned of such offense and be requested that they refrain from disrupting the proceedings and/or disregarding the instructions of the Mayor. Any individual of the public failing to honor the first warning of the Mayor for order, shall receive a second and final warning prior to expulsion and/or citation for disturbing a public meeting pursuant to State law. When the Mayor fails to maintain order and decorum, the Councilmembers may compel the Mayor to enforce this provision following due parliamentary procedure, which affirms such compulsion by a majority vote of the City Council. SECTION VII. PROCEDURES FOR CITY COUNCIL APPOINTMENTS The following procedures are for making appointments to boards, committees and commissions established by ordinance or resolution. Appointments to ad hoc committees and task forces established by resolution should not necessarily be bound by the same procedures, but may be done in a manner appropriate to the situation as deemed proper by the City Council. The City Council shall set the quorum for a committee. The City Council shall vote whether the committee selection will be handled by the rules of procedures or by slate. 7.1 Announce the position(s) to be filled. In the announcement, define the duties of the position(s), define the term of the position and request that applications be formally submitted to the City Council by a specific deadline. . This announcement should be made at least 30 days prior to the deadline for submission of applications and should be placed in the local newspaper, posted at City Hall, on the website and placed in the Colleyville Communicator (if timely). Rules of Procedure Page 11 of 13 7 2 Upon review of the Applications for Appointment, City Council will determine if interviews shall be conducted. If Council desires, interviews will be conducted prior to a City Council meeting, which may be subject to the Texas Open Meetings Act or be conducted in Executive Session. If no applications are received or fewer applications than open positions, the positions) are re-advertised automatically by the City Secretary In the event of a vacancy other than an expiring term, the City Council may fill the position by a majority vote of the City Council without advertising. The appointee shall serve the unexpired term. 7.3 The candidates will be selected to fill the open positions no later than the second City Council meeting after the deadline for application submission, in the following manner: A. If more than one position is to be filled, consider the appointment for each position individually in the order selected by the Mayor, as follows: B. The Mayor shall open the floor for nominations and if there are no nominations, the Mayor will call on each Councilmember for a nomination. C. Councilmembers or the Mayor may decline to make a nomination if previous nominations are acceptable. D. After each Councilmember has had an opportunity to make a nomination or defer to make a nomination, the Mayor will take a vote on the slate of nominees by asking each Councilmember to state the name of the nominee that the Councilmember votes to appoint to the position under consideration. E.l` Return to Step B and repeat the process for the next position to be filled until all positions are filled. Rules of Procedure Page 12 of 13 SECTION VIII. MEMORIALS The following procedures are for honoring deceased current or former City elected officials, deceased sitting board, commission or committee members, Colleyville Firefighters or Police Officers who die while in service with the City and other firefighters or police officers employed by other cities. 8.1 Recognition of the death of a current or former City elected official. When the City is notified of the death of a current or former elected official, the Office of the City Manager will coordinate a donation, in honor of the official, in the amount of $75.00, to the Colleyville Public Library or to a Colleyville City Park, in consideration of the family's preference, and a Proclamation honoring the official and declaring the donation will be presented to the family of the deceased. When the deceased is a sitting Mayor or Councilmember, the elected official's dais seat will be draped in black ribbon for not more than one week prior to the date of the funeral. In addition, the member's photograph, when available, will be placed with an "In Memoriam" wreath at the front entrance of Colleyville City Hall for a period for up to one week prior to the date of the funeral. When the deceased is a former or current Mayor with a permanent photograph located in the Council Chambers, a permanent black ribbon banner will be added to the photograph frame of the deceased Mayor. At the request of the family of a deceased sitting Councilmember or past or present Mayor, a police and/or fire honor guard will attend immediately prior to the service, if services are held locally. If services are held locally, and the service is requested by the family of a sitting Councilmember or past or present Mayor, the police department will provide a police escort through and within the City. At no time, will City equipment be used for the transport of a casket or in a funeral procession for elected or appointed officials. Rules of Procedure Page 13 of 13 8.2 Recognition of the death of a sitting board, commission or committee member. When the City is notified of the death of a sitting board, commission or committee member, the Office of the City Manager will forward a sympathy card to the she family. If the deceased was sitting on a board or commission, which regularly meets in the Council Chambers, a dais seat will be draped in black ribbon for not more than one week prior to the date of the funeral. 8.3 Recognition by lowering of the United States Flag. The City is not at liberty to proclaim the Flag of the United States be flown at half-staff in recognition of a City official. Per the United States Code, only the President of the United States or the State Governor can order the flag lowered to half-staff. Consistent with federal code, the City shall lower the Flag of the United States in honor of a Colleyville Firefighter or Police Officer who dies while in service with the City. The Colleyville City Manager, consistent with federal code, may lower the Flag of the United States for other firefighters or police officers employed by other cities. s y O w~ W ~. 0 a c y C7 Z D ~ ~ ~~~ ~ CD a C1 a y (~D ~ ~-_. ~ =a ~ S 3 ~ ~ ~. ~ ~ ~ _ 5 ~,J = , ~ ~ ,•. ~ ~~ '' ~ _.~ 3 ~ - ~ y ~ ~ ~~ ~ ~ .Q "M 3 C n.. ~ ~ ~ y 3 ~, ..~, ~. n ~. ~. •~. c~ <f M O C . c. \J ~ ^ ~ O `h " f ~ ~ N = ~ ( I! Q ~ , O ~~ Q~ '~ s 3 ~D y - ~. y • 4 ~ cD ~ y O ~ ~ ~ Q C A~ D~`~. Q Q ~ ~ m N s ~L z L O G Q1 1~ \~': `~( ~ _ ~1 ~ C ~•a h ~ ,~, ~ .~ ~.. ,~ .. n ° N a a ~ ~ ~ ,~ ~ G o ~ n ~_,~~~_ O ~„ O R~` ~• i v ~ C ~. I m n v !~ ~'~ f Clt of Colle V~~~e 100 Main Street ~ Y Y Colleyville, Texas 76034 (817) 503-1000 '""" Agenda Briefing www•colleyville.com File Number: R-07-2860 File Number: R-07-2860 Version: 1 Requester: Budget and Administrative Services File Type: Resolution Agenda Date: 07/17/2007 Agenda No.: 6c Status: Resolution Controlling Body: City Council Final Action: File Name: Approval to suspend the proposal by Atmos Energy Corporation, Mid-Tex Division to implement interim Gas Reliability Infrastructure Program rate adjustments Attachments: Resolution R-07-2860.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/17/2007 City Council Title Approval to suspend the proposal by Atmos Energy Corporation, Mid-Tex Division to implement interim Gas Reliability Infrastructure Program rate adjustments Explanation Reading and Public Hearing The Gas Reliability Infrastructure Program (GRIP) was originally enacted by the Texas Legislature in 2003 to allow gas utilities to recover costs associated with replacing aging portions of natural gas pipeline to enhance reliability and public safety. On May 31, 2007, Atmos Energy Corporation, Mid-Tex Division (Atmos) filed its fourth GRIP surcharge request, entitled "Interim Rate Adjustment Filing Calendar Year 2006." If the filing is approved, the average residential customer can expect their bill to increase $.59 monthly, and the average commercial customer by $1.47 monthly. The GRIP statute was intended to encourage a gas utility to make investments in safety and reliabilty upgrades to the system. To the extent that a utility did not over-earn on its approved rate of return, the utility was granted the opportunity to impose a surcharge on its customers to recover return, depreciation and taxes associated with its annual incremental investment. The Atmos Cities Steering Committee (ACSC) met recently to discuss the filing and recommended that all ACSC members suspend the effective date of the GRIP surcharge by forty-five days, the maximum extent allowed by law. The suspension resolution must take place on or before July 30, 2007. Suspending the effective date of the GRIP surcharge allows the ACSC more time to City of Colleyville Page 1 Printed on 7/12/2007 Agenda Briefing Continued (R-07-2860) examine the filing. This examination is necessary because previous Atmos filings for 2003, 2004, and 2005 were reviewed in the most recent rate case and substantial disallowances were made. The ACSC will review the current filing to determine whether Atmos has included questionable costs, including costs that have been previously disallowed by the Railroad Commission. Once that review is complete, the City will be provided with the findings and a recommendation regarding final action to be taken on the Atmos GRIP surcharge. Financial Impact The ACSC absorbs the costs of the rate case and these costs are subject to reimbursement by Atmos at the end of the case, pursuant to the Texas Gas Utilities Regulatory Act, section 103.022. However, rate case expenses incurred by Atmos may be imposed as a surcharge on customers bills. Typically, those charges are nominal to the customer and pro-rated over a period of time. It is estimated that the total resulting charges could be approximately $1 per residential customer, which would be billed to a customer over a three to twelve month period. Recommendation Approval City of Colleyville Page 2 Printed on 7/12/2007 RESOLUTION R-07-2860 A RESOLUTION BY THE CITY OF COLLEYVILLE, TEXAS SUSPENDING THE JULY 30, 2007, EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2006; AUTHORIZING PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE (ACSC) IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT RATEMAKING COSTS; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL WHEREAS, the City of Colleyville, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "the Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, Atmos Mid-Tex made filings with the City and the Railroad Commission of Texas ("Railroad Commission") on or about May 31, 2007, proposing to implement interim rate adjustments ("GRIP rate increases"), pursuant to Texas Utilities Code § 104.301, on all customers served by Atmos Mid- Tex, effective July 30, 2007; and WHEREAS, Atmos Mid-Tex was recently granted a rate increase as a result of its filing in GUD No. 9670, in which the Final Order was only signed on March 29, 2007; and WHEREAS, in GUD No. 9670, it was determined that Atmos Mid-Tex had inappropriately included certain expenditures in its prior GRIP rate increases for rate years 2003, 2004, and 2005; and WHEREAS, it is incumbent upon the City, as a regulatory authority, to examine this latest GRIP filing to determine its compliance with the Texas Utilities Code; and WHEREAS, ratepayers of Atmos Mid-Tex, including the City and its residents, will be adversely impacted by the proposed GRIP rate increases; and WHEREAS, it is advantageous for the City and its citizens to coordinate the City's response to Atmos' filing with similarly situated municipalities; and WHEREAS, the City has benefited from prior participation with the Atmos Cities Steering Committee ("ACSC"); and Resolution R-07-2860 Page 2 of 3 WHEREAS, it is efficient and cost beneficial for the City to again coordinate review of the reasonableness of the proposed GRIP rate increases and joint participation in any proceedings at the Railroad Commission related to the proposed GRIP rate increases; and WHEREAS, the Executive Committee of ACSC has recommended suspension and established a budget for evaluation of the Atmos filing; and WHEREAS, a GRIP proceeding involves rate making, entitling cities to reimbursement of reasonable rate case expenses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the July 30, 2007 effective date of the GRIP rate increases proposed by Atmos Mid-Tex is hereby suspended for the maximum period allowed by law to permit adequate time to investigate the sufficiency of the GRIP Rate Increase filing, review the proposed increases, analyze all necessary information and take appropriate action related to the proposed increases. Sec. 2. THAT the City is authorized to cooperate with ACSC to hire and direct legal counsel and consultants, to negotiate with the Company, to make recommendations to the City regarding the proposed GRIP rate increases, and to direct any administrative proceedings or litigation associated with the proposed GRIP rate increases. Sec. 3. THAT the City is authorized to intervene in any administrative proceedings or litigation associated with the proposed GRIP rate increases. Sec. 4. THAT Atmos Mid-Tex shall promptly reimburse the City's reasonable costs associated with the City's ratemaking activities related to the proposed GRIP rate increases. Sec. 5. THAT a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Charles R. Yarbrough, II, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, legal counsel to ACSC, at Lloyd Gosselink, 816 Congress Avenue, Suite 1900, Austin, Texas 78701. AND IT IS SO RESOLVED. Resolution R-07-2860 Page 3 of 3 APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~1s~s~, ~:~ :~ - ~ r,•..., City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 07/02/2007 Controlling Body: City Council Requester: Office of the City Agenda No.: 8 Final Action: Secretary File Name: Reports -July 17, 2007 Attachments: Senior Center Advisory Committee Minutes -May 17, 2007 Planning and Zoning Commission Minutes -June 11, 2007 Planning and Zoning Commission Minutes -June 25, 2007 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/17/2007 City Council Title Senior Center Advisory Committee Minutes -May 17, 2007 Planning and Zoning Commission Minutes -June 11, 2007 Planning and Zoning Commission Minutes -June 25, 2007 City of Colleyville Page 1 Printed on 7/10/2007 G~tY of ~ IlC~ Texas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, May 17, 2007 1:00 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:03 p.m. on Thursday, May 17, 2007 by Connie Hampton, Chair of the Committee. ROLL CALL: Debra Minea, Jack Olsen, Jim Moore, Marion Jenkins, Patrecia Fox, Connie Hampton, Lila Coley and Councilman Mike Taylor ABSENT: Councilman Tom Hart STAFF: Monica Walsh, Director of Parks and Recreation and Renee Garrett, Recreation Specialist 1. Call to Order and Roll Call 2. Approval of the April 19, 2007 Senior Center Advisory Committee Minutes Debra Minea moved to approve the minutes. Jack Olsen seconded the motion. The motion carried with a unanimous vote. 3. Discussion and Consideration of Senior Center Wish List Monica Walsh, Director of Parks and Recreation, gave an overview of the HVAC equipment bid status on the Senior Center Wish List. Marion Jenkins moved to consider purchasing outside lights after the purchase of the HVAC equipment. Lila Coley seconded the motion. The vote was unanimous. Senior Center Advisory Committee May 17, 2007 Page 2 of 2 4. Discussion and Possible Future Action on Potential Changes in the Bylaws There was no discussion on potential changes in the Bylaws. 5. Discussion and Possible Future Action on Potential New Programs There was no discussion on potential new programs. 6. Discussion on Items of Interest for Potential Future Action There was no discussion on this item. 7. Reports -Staff and Committees Jim Moore reported on suggestions received in the suggestion box. The comments from the suggestion box were: • Start a Round Table Discussion to discuss the following subjects: Financials -not personal Political, local or other Retirement, in general No agenda Ask someone to talk about their interest No one could sale anything Ask special people to give lessons Everyone would be able to speak Meet twice a month No President -Bob Kohsmann volunteered to get it started Renee Garrett, Recreation Specialist, gave an overview of the senior activities and programs. 9. Adjournment Jack Olsen moved to adjourn at 1:39 p.m. Debra Minea seconded the motion. The motion carried. Respectfully submitted and approved: ~~~ Uv Monica Sue Walsh, Parks and Recreation Director Senior Center Wish List 1. HVAC for entire facility 2. Acoustical in large room 3. More outside lights 4. Window treatments for entire facility • Carpet for entire facility • More Fitness room equipment • Additional furniture for game room and library • Surround sound for television area • Built in book shelves in library • Paint blue room • Paint pantry • Move phone/computer lines in office • Paint hot water heater room • Wall hangings • LCD Projector • Rolling warming oven • Forms to laminate- Committee to research this • Nametags • Time clock to control outside security lights • Motion detector light switches replace with regular • Separate TV room light switches • Fitness room outlets • Easy chairs in the library COMPLETED ITEMS • Lighting in large room • Electrical work for computer • LCD Computer ceiling mount with new screen • Computer room lighting • Piano ..~..., Cit of Colle~/V~~~@ 100 Main Street vl ~-- y ,7 Colleyville, Texas 76034 ~Si (817) 503-1000 Minutes -Final www.colleyville.com Rte; +~ Planning and Zoning Commission Monday, June 11, 2007 7:00 PM City Council Chambers 6:15 P.M. -PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE DISCUSSION OF PREVIOUS MEETING MINUTES 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 June 11, 2007 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps and Jeff Byerly Absent: Commissioner Denis Duffy Staff Present: Chris Fuller, Ron Ruthven, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Dudziak. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the May 29, 2007 meeting minutes with the correction on page 5, first paragraph to read "willing to rely on easement back there to a second lot." Commissioner Phelps seconded. City of Colleyville page ~ Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS None 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a Special Use Permit for a carport on Lot 8, Block 5 of the Woodbriar Estates West Addition located at 3717 Brentwood Court, Case Z-07-017 Chris Fuller presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:07 p.m. There being no one wishing to speak, the public hearing was closed at 7:08 p.m. Commissioner Byerly moved to approve case Z-07-017. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy 8b Approval of a zoning change from CC2-Shopping Center and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 20.57 acres out of the R.N. McEwing Survey and Lots 1 and 2, Block 1 of the Reed Addition, located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case Z-07-018 Chris Fuller presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding if the intent for the open space is to be common use land or unoccupied, grassy areas? Chris Fuller replied the intent is for the use of the private residents. Commissioner Taylor questioned staff regarding how tall is the "Welcome" sign the developer has presented? Chris Fuller replied the developer has provided examples of monument signs, however, development standards for the sign have not been provided. City of Colleyville pays 2 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 Commissioner Byerly opened the public hearing at 7:13 p.m. John Fegan, the applicant, came forward to present the case and brief the Commission. Konstantine Bokintas, applicant's engineer, came forward to help with the presentation. Mr. Fegan passed out a rendering of the "Welcome" sign with it being 12 feet tall on one end and 5 feet tall on the other end. Commissioner Redfearn questioned Mr. Fegan regarding if the 31ots on Lavaca Trail are included in the PUD? Mr. Fegan replied they will be included in the PUD; however, they are larger lots, to continue with the feel on Lavaca Trail. Commissioner Phelps questioned Mr. Fegan regarding a possible street, instead of a cul-de-sac, that would continue further south? Mr. Fegan replied all of the HOA Board members in the area were against the straight street. Commissioner Dudziak questioned Mr. Fegan regarding if the HOA funds of $300 per lot, per year, will be sufficient enough for the maintenance of the wall surrounding the development as well as the drainage and streets? Mr. Fegan replied the $300 will be designated for the maintenance of the streets and the HOA will have a separate maintenance fee designated for landscaping and for the grounds upkeep. Commissioner Dudziak questioned Mr. Fegan regarding what is this development going to offer since the open space percentage is lower than the 20% that is required? Mr. Fegan replied this development will be addressing the flooding issues that are out there on Lavaca Trail , establishing an aesthetic pond system, walking trails and an additional 25% more tree for this development. Commissioner Dudziak questioned Mr. Fegan if those conditions are included in the PUD ordinance? Mr. Fegan replied he would be more than willing to put those in the ordinance. Commissioner Dudziak questioned Mr. Fegan regarding his traffic study, what is the difference between staff calculations with the developer's calculations? Mr. Bokintas replied there are different ways to calculate traffic impacts and with the primary owners being empty nesters, he felt it necessary to lower the factor from 9.56 to 8, either way being approximations. Commissioner Dudziak questioned Mr. Bokintas regarding if those additional cars on McDonwell School Road are acceptable for an already extremely crowded area? Mr. Bokintas stated they did not do a global traffic impact analysis. He stated they simply looked at how many trips are generated from this specific development Cify of Colleyville page 3 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 using this particular approach. He stated if this acreage is developed consistent with the land use plan where there would be about half office and half residential, the traffic impact would double, adding to the issue. He stated although they have not solved the issue on McDonwell School Road, they feel this development would be better. Commissioner Byerly questioned Mr. Fegan regarding if he had given any thought to having those south lots along the cul-de-sac, basically all of the lots on the Lavaca Trail tract, to be consistent with the R20 zoning district requirements? Mr. Fegan replied he felt like the three lots along Lavaca Trail would be consistent with the area. Commissioner Byerly questioned Mr. Fegan regarding if he had thought about putting lower density next to the school? Mr. Fegan replied not wanting to put lower density, then higher density. He stated he did not want that look to his project. Commissioner Taylor questioned Mr. Fegan if he is the developer that is developing right next to the Lavaca Trail property, Lavaca Parc addition? Mr. Fegan replied yes. Commissioner Taylor questioned Mr. Fegan regarding the drainage issues, have those issues been resolved? Mr. Fegan replied he has resolved those issues by eliminating that channel that ran in the middle of those two properties. Mr. Bokintas replied this project will enhance the situation and there will be some below grade drainage installed to direct the water flow to the Meadows Creek addition as well as along Lavaca Trail to the south. He stated the reconstruction of Lavaca Trail and McDonwell School Road would eliminate the larger issue with drainage, with storm drain systems. Commissioner Redfearn replied the issue being just west of Rosewood Villas, in the channel that ran south and out onto Lavaca Trail. Mr. Bokintas stated they have done a preliminary drainage analysis and they anticipate taking the run off from Rosewood Villas and taking the water south in a storm drain system and some will flow to the ponds. Commissioner Taylor stated there is a storm drain system that comes from McDonwell School Road and dumps on that east corner. Mr. Bokintas stated there are several discharge points, but will not know until having further evaluated the situation. Commissioner Phelps questioned Mr. Fegan regarding the connector for a future walking path that exists in the gated community and goes over into Rosewood Villas? Mr. Fegan replied that was put on the exhibit as a conceptual walking path, unless Rosewood Villas would agree to that path, it will be wrapped around the development differently. Commissioner Dudziak questioned Mr. Fegan regarding if the sidewalks could be constructed of concrete, for a more permanent solution? Mr. City of Colleyville Page 4 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 Fegan replied he could do so. Commissioner Dudziak questioned Mr. Fegan regarding why are there not any sidewalks in greenbelt areas? Mr. Fegan replied on the elementary side they could put in sidewalks, however, he stated he did not want to do that on the east side between Rosewood Villas for the privacy of both the back of the lots, but he stated he could. Commissioner Dudziak stated the open space areas are to be used by all of the residents of all the community, not individual lot owners. Commissioner Taylor replied that being a great concept, but in reality those become back yards. In Rosewood Villas, those are not fenced off. Mr. Fegan replied he was going to leave it up to the individual homeowner because there is a concrete wall between Rosewood Villas and this development. He stated on the school side, there is a fence in place and he is going to place a treescape in front of that fence for a more open feel. Commissioner Dudziak questioned Mr. Fegan if the sidewalks can be placed around the detention ponds, at least? Mr. Fegan concurred. Commissioner Redfearn questioned Mr. Fegan regarding if the setback lines on the lots to the south along Lavaca Trail would be consistent with the R20 zoning requirements? Mr. Fegan replied yes, they will appear as they are out on their own, but they are a part of this PUD. Commissioner Phelps stated there being a less than minimum on the open space. He stated he would like to see more commonality or designed into this development, the front wall prohibits the loop to go around the development. Mr. Fegan replied he could put in a walking path all the way around the development, he stated he did not have an issue with that. Commissioner Taylor questioned Mr. Fegan if Lot 45 could be taken out, maybe to give more to the open space requirement? Mr. Fegan concurred and stated he could eliminate that lot. Commissioner Phelps questioned Fire Marshal Rob McKeown regarding if having the island in the cul-de-sac would hinder the emergency vehicles from going around it? Marshal McKeown agreed that if there is a 50 foot turning radius, then there would not be any issue. Mr. Bokintas replied the code was followed with the design of the cul-de-sac to accommodate the turning radius. Commissioner Redfearn questioned Mr. Fegan regarding what does the market predict for this product? Mr. Fegan replied, without advertising, he has had seven or eight builders call and say they want to buy eight to 10 lots out of this development, all at one time. City of Colleyville Page 5 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 Commissioner Taylor stated this being the hottest real estate market for this type of product. Commissioner Taylor questioned Mr. Fegan regarding where would the monument sign be placed? Mr. Fegan replied across the street on the one acre tract and also on the northwest corner of this development on McDonwell School Road. Commissioner Phelps questioned staff if there are any design criteria regarding monument signs? Chris Fuller replied that would be something staff could research and present to the Commission at a future date. Tony Johann, 6819 Fallbrook Court, spoke in favor of the rezoning request and stated liking the welcome to Colleyville signs and would like to see other monument signs in other areas of Colleyville. Doug Terry, 717 Arcady Lane, stated being familiar with the traffic conditions in Colleyville. He stated he supported the development and stated this is what the area needs. He stated being opposed to having a straight street through to Lavaca Trail. Dennis Johnson, 901 Montreaux Avenue, stated not supporting this request with concerns to high density and issues with traffic. Dave Randolph, 6724 Zermatt Court, spoke in support of the rezoning request and stated having an issue if the street were to be put through as a straight street. Tim Edwards, 6501 Lorraine Park, spoke in favor of the rezoning request and stated not wanting the street to go straight through. Bill Glasgow, 6400 Bordeaux Park, spoke in favor of the rezoning request and delighted to see the plan Mr. Fegan has presented. He stated being opposed to seeing a straight street from McDonwell School Road to Lavaca Trail. Aubra Palmer, 6406 Lorraine Park, spoke in favor of the rezoning request and stated this being an improvement than the current condition of the property. Jeffery Zimmerman, 501 Lavaca Trail, spoke in favor of the rezoning request and stated being opposed at the street going through to McDonwell School Road. He stated being in favor of the R201ots that will face Lavaca Trail. City of Colleyville Page 6 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 There being no one wishing to speak, the public hearing was closed at 7:58 p.m. Mr. Fegan came forward and stated being in favor of doing the walking paths in either crushed granite or concrete. He stated the traffic will be better with residential than with commercial. Commissioner Phelps questioned staff regarding what is the provision for the children walking to school, is there a side walk for those children to get to school across that property? Commissioner Redfearn replied when the Covington addition came in, the trail was going to be moved to the west side of the development so that children could walk to school. Chris Fuller replied there will be sidewalks along Lavaca Trail as the properties are developed. He stated the trail will be developed. Commissioner Taylor moved to approve case Z-07-018 with the stipulation to take out Lot 45 and leave it as greenbelt. Commissioner Phelps seconded. Commissioner Dudziak stated there were a few more amendments that were discussed, such as the concrete sidewalk and 25% additional trees. Both Commissioner Taylor and Commissioner Phelps accepted the friendly amendments. Commissioner Dudziak questioned staff if the offer of the monument sign would need to be placed in the ordinance? City Attorney Kallas replied the developer has in there the monument sign and is still working on the details. The Commission may add similar to the ones presented at the meeting. Commissioner Taylor stated the developer will have to come before the Commission to get both sides. Commissioner Dudziak questioned staff regarding the concrete paths behind the lots, the developer offered to do it on the west side, but maybe not on the east side. Commissioner Taylor stated when there is a walk path behind a residence, it takes away from the privacy of the resident and the purpose of the greenbelt area is to truly be a greenbelt area. She stated if people want to walk on the grass, they can do so. Commissioner Dudziak stated the code is written for the open space to be for the use of all of the residents in that community, not just for the individual person's privacy. Commissioner Taylor stated it is set up in Rosewood Villas for the greenbelt area and people walk on the greenbelt, if they choose. This type lends for a more private life and it is a good set up. City of Colleyville pays 7 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 Commissioner Byerly stated not being convinced that this is the best use for this property. However, if this is going to go through, he stated wanting to see something in the middle of the development to be closer to R20 lots and the south half next to the pond, R20 is more consistent with Lavaca Trail. Also, the open space violates the whole spirit of open space in the code, the 20% open space needs to be a park or several parks for usable open spaces, 17% is way to small for this dense development. Commissioner Knox replied adding that lot to the open space areas would only make the figure to 18%. Commissioner Byerly stated he wanted to see the HOA fee be a minimum of $275 for the road and drainage plus the annual maintenance cost. Commissioner Phelps replied he thought $300 had already been established by the developer exclusively for the road above and beyond the maintenance of the property. City Attorney Kallas replied the developer will assess $300 per lot which is not a condition of the ordinance. Commissioner Byerly replied wanting to include that into the PUD ordinance. Commissioner Phelps concurred. Commissioner Dudziak questioned staff if the drainage piping will be the homeowner's responsibility? Chris Fuller replied correct. Commissioner Dudziak questioned if that will be sufficient to cover any potential problems that could occur? Chris Fuller replied the reserve funding incorporates both the roadway and drainage facilities. Commissioner Phelps replied wanting to see the minimum open space requirement met, regardless of the addition of Lot 45. He stated the greenbelt area could remain private, an easement, serves as an extension of the back yard, but if that were the case, it would then need to be exclude from the open space calculation. Commissioner Byerly replied the developer will need to redo his plan with some of these changes. Commissioner Phelps stated as long as the developer could come up with the 20% open space requirement, it could be done during the platting of the development. Commissioner Taylor stated this type of house does not require as much yard. Commissioner Dudziak replied there need to be more spaces for community gatherings. Commissioner Phelps questioned Commissioner Taylor if she would be willing to amend the motion to include a certain percentage for open space instead of a lot configuration? Commissioner Taylor concurred and replied this could be worked out tonight. City of Colleyville Page 8 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 Commissioner Byerly recapped the motion being to approve the zoning request with concrete sidewalks, the HOA dues $300, adding 25% more trees and bringing the open space up to 20%. Commissioner Redfearn replied not being concerned with the concrete sidewalks, as long as the sidewalks are in compliance, whether or not they are concrete or crushed granite does not matter. He stated wanting to be clear that a separate assessment from the HOA to cover the street and drainage of $300 per lot assessed to go directly to the drainage and street maintenance. City Attorney Kallas replied that being set up by the private ordinance as far as what HOA requirement is and where it goes has already been set by City Council. Commissioner Redfearn stated he wanted those lots on Lavaca Trail to look and feel like R20 lots. Commissioner Phelps questioned staff regarding if the setbacks on those three lots on L avaca Trail have been confirmed to conform to the R20 setback code? Chris Fuller replied they are consistent with the proposed conceptual site plan. Commissioner Byerly proposed an amendment that there be three lots on Lavaca Trail that is consistent with the R20 regulations on Lavaca Trail. Both Commissioner Taylor and Commissioner Phelps accepted the friendly amendments. Commissioner Dudziak stated the open space, in the ordinance, the open space may be used for retention, does having this worded like this make this development be compliant with the general codes? Chris Fuller replied they will have to adhere to the zoning ordinance conditions put in place and also to the drainage standards in the Land Development Code. Commissioner Byerly recapped the motion being to approve the zoning request with concrete sidewalks and internal trails, the HOA dues $300, adding 25% more trees and bringing the open space up to 20% and the three lots on Lavaca Trail be consistent with the R20 zoning district regulations. The motion failed by the following vote: Aye: 3 -Knox, Redfearn, Taylor Nay: 3 -Dudziak, Phelps, Byerly Absent: 1 -Duffy Commissioner Phelps made the identical motion excluding the internal City of Colleyville page g Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 trails be made of concrete versus crushed rock. Commissioner Taylor seconded. Commissioner Dudziak stated having the sidewalks put in with concrete keeps the maintenance down on those sidewalks. Commissioner Phelps concurred having something more permanent for the construction of the sidewalk, but leave to the developer to decide the material to use for the construction. Commissioner Byerly replied wanting to see the open space percentage brought up to the minimum with something more usable. Commissioner Phelps questioned staff regarding would this issue come back at platting or would it need to conform to the criteria being presented? City Attorney Kallas replied being a PUD would have to conform to the concept plan as part of the ordinance. He stated the platting would have to conform to this. Commissioner Dudziak questioned staff regarding if the Commission wanted 20%, if it were to be turned down tonight as is, he could come back with a different kind of plat or preliminary plat that would show a different configuration of the open space. City Attorney Kallas stated if this request were to be turned down tonight, the developer could not come back with this particular subdivision. It would have to conform with the existing zoning, which is half office and half R40. Commissioner Dudziak questioned staff if the applicant could reapply? City Attorney Kallas concurred. Commissioner Dudziak questioned staff if the item were to be continued, could the developer bring it back reconfigured? City Attorney Kallas replied if there is no ability to reach a consensus tonight, then the Commission should consider a motion to continue so that the developer may have a chance to come back. Commissioner Taylor questioned staff if the developer could be brought back up to resolve the issues tonight? City Attorney Kallas replied there being a motion and a second, the vote should be called. Commissioner Byerly stated the developer would not be able to present something to the Commission tonight that would resolve the open space issue on the fly. He suggested continuing the case to allow for the developer to present a new lot configuration. Commissioner Phelps concurred and stated he thought the plat would come back after the zoning was approved for approval by the Commission and the Commission could see the developer's changes at the time of platting. City Attorney Kallas stated the developer would have to put forth a plan that would comply with the recommendations City of Colleyville Page 10 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 17, 2007 made by the Commission at the time of their approval. Commissioner Redfearn stated being supportive of continuing this item. Commissioner Phelps withdrew his motion and Commissioner Taylor withdrew her second. Commissioner Redfearn moved to continue case Z-07-018 to the June 25, 2007 meeting. Commissioner Knox seconded. The motion carried by the following vote: Aye: 4 -Knox, Dudziak, Redfearn, Phelps Nay: 2 -Taylor, Byerly Absent: 1 -Duffy 8c Approval of a Zoning Change from CN-Neighborhood Commercial to CC2-Shopping Center on Lots 1-4, Block 1 of the C-D Subdivision located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane, Case Z-07-019 Chris Fuller presented the case and briefed the Commission on both this case Z-07-019 and case Z-07-020; however motions and votes were made separately. Commissioner Byerly opened the public hearing at 8:36 p.m. Scott Van Doren, the applicant, came forward to present the case and brief the Commission. Commissioner Phelps questioned Mr. Van Doren regarding what other properties have you looked at for this project that are currently zoned CC2? Mr. Van Doren replied having looked at several properties in Colleyville; however, this property met the demographics and traffic count with easy access. Commissioner Taylor questioned Mr. Van Doren regarding if he is aware of the number of car washes in the area? Mr. Van Doren replied yes. Commissioner Dudziak questioned Mr. Van Doren regarding if he is familiar with the TX Dot meetings to expand Colleyville Boulevard? Mr. Van Doren replied yes and he stated being aware of the entrances planned by TX Dot for this property. Commissioner Dudziak questioned Mr. Van Doren regarding if there will be a paintless dent repair facility on this property? Mr. Van Doren replied yes, in a contained stall. City of Colleyville Page 11 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 Commissioner Taylor questioned Mr. Van Doren if he could make this plan work with only one entrance on Tarrant Lane, closing the one closer to the neighborhoods? City Attorney Kallas replied this being a straight zoning request, the particular layout of the lot is not relevant, that would be for the time of platting. John Williams, 6601 Kennedy Drive, stated being opposed to this request with concerns to the traffic and congestion on Tarrant Lane. Donna Sharon, 2007 Kyle Court, stated being more opposed to this project with the entrances on Tarrant Lane. She stated this is not what the residents of Ross Downs want. Michael Muhm, 6607 Connie Lane, stated being concerned with the traffic and stated this not being the best use for this property. He stated being opposed to the alcohol use for this business, does not seem to be the right fit for this particular business. He stated this does not fit with the Master Plan. Joseph Elieson, 2003 Kyle Court, stated being concerned with the traffic on Tarrant and stated being concerned with alcohol sales because of the littering. Terry Hardin, 6911 Meade Drive, stated being opposed to the rezoning request with issues of traffic and stated he does not see the connection with alcohol for this business. Melissa Bowen, 5906 Meadowhill Drive, stated being in favor of the rezoning request and the project. Yvonne Gilliam, 2007 Tarrant Lane, stated the building is beautiful, stated not being in favor of this location with concerns for traffic on Tarrant Lane and stated not seeing the connection with this business for alcohol sales. There being no one wishing to speak, the public hearing was closed at 8:55 p.m. Mr. Van Doren came forward to speak for his request and address the concerns of the neighbors. Commissioner Dudziak questioned Mr. Van Doren if there is a plan to get this business through during the construction of Colleyville Boulevard? Mr. Van Doren replied yes and stated he has set aside a certain amount of money to carry through the construction phase. Commissioner Taylor questioned Mr. Van Doren regarding if there is any City of Colleyville Page 12 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 71, 2007 other place in Colleyville where he could put his business? Mr. Van Doren replied he spent several months on the property at Colleyville Boulevard and John McCain but the property is very expensive. The business closed because the owner went through a divorce. Commissioner Taylor questioned Mr. Van Doren regarding the properties at Glade and Colleyville Boulevard? Mr. Van Doren replied there are some car washes closer to that area and with the general growth movement being further north; he wanted to place his business north. Commissioner Phelps questioned Mr. Van Doren regarding if the land at Glade and Colleyville Boulevard is where the old Sonic and Taco Bell buildings are located? Mr. Van Doren replied yes and the prices for those properties are higher than premium, the very high end. Commissioner Redfearn questioned staff regarding the zoning atlas shows these properties to be zoned CC2, is there an error, are these lots already zoned CC2? Chris Fuller replied the properties are zoned CN, the zoning atlas has a clerical error on the map. The Commission adjourned for a break at 9:02 p.m. The Commission resumed the meeting at 9:11 p.m. Chris Fuller stated on June 2, 2005, City Council approved a zoning change request from the ML-Light Manufacturing zoning district to the CN-Neighborhood Commercial zoning district. Commissioner Redfearn questioned staff if there are any restrictions regarding the placement of a business that either sell alcohol for on site or off site consumption around churches? Chris Fuller replied yes and that distance is 300 feet and is measured from the door of the establishment to the door of the institution. Commissioner Byerly questioned staff regarding if the site plan meets that criteria? Chris Fuller replied given that there has not been a site plan submitted to determine where the door is on the building, it could be in compliance. Commissioner Dudziak questioned staff if the CC2 designation where to be changed for whatever reason, and this piece of property requires a second use, would a 24 hour operation be allowed? Chris Fuller replied unless otherwise stipulated in the zoning ordinance, it would be allowed. Commissioner Dudziak stated there are other uses available which are permitted by right in the CC2 zoning district such as drive thru restaurants, food catering, and equipment rental. Chris Fuller replied City of Colleyville Page 13 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 there are a variety of uses that would be allowed in the CC2 zoning district. Commissioner Dudziak questioned staff regarding the paintless dent repair, would that require a SUP for that use? Chris Fuller replied in the opinion of staff that would be an auto repair function that would require a SUP by City Council. Commissioner Dudziak questioned staff regarding lighting requirements and noise issues, are there requirements for a CC2 use like this, are they going to be 20 foot high and will they be on for a certain amount of time for safety purposes? Chris Fuller replied those are covered under the nuisances ordinances which are the same throughout the city and the applicant would be required to adhere to the lighting ordinances. Commissioner Redfearn questioned staff that an approval of a change in zoning from CN to CC2, that CC2 zoning designation would survive regardless of the future of the business until such a time it was changed again? Chris Fuller concurred, approval of the straight zoning would allow all of the uses in the CC2 zoning district in perpetuity unless a rezoning request was brought forward in the future. Commissioner Byerly questioned staff regarding how big is the notification area? Chris Fuller replied for the straight zoning request, the notification area is 200 feet and for the SUP request for alcohol sales, the notification area is 500 feet. Commissioner Byerly stated when looking at the 200 feet notification list, there are no residences on that notification? Chris Fuller concurred. Commissioner Byerly stated there being residences in the 500 foot notification list. Chris Fuller concurred. Commissioner Byerly moved to approve case Z-07-019. Motion dies for lack of second. Commissioner Dudziak moved to deny case Z-07-019. Commissioner Phelps seconded. Commissioner Redfearn stated his issue is with the CC2 zoning district. He stated there is some durability and the range of possibilities for the CC2 zoning district would not be appropriate for this location. He stated he would like to see this business in Colleyville. Commissioner Taylor stated wanting to see this business in Colleyville, just not on this corner. Commissioner Byerly stated this being a good place for this project and a good use for this odd shaped parcel and stated being sorry for turning down a commercial prospect. City of Colleyville Page 14 Prinfed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 71, 2007 Commissioner Phelps stated wanting to see this business, it would fit Colleyville and the image, but stated being opposed to the CC2 zoning designation. Commissioner Dudziak stated the residents of Ross Downs have been in favor of commercial businesses, however, the CC2 zoning designation is not a good fit for this property with too many unwanted possibilities. However, if a rezoning request had been presented as a PUDC, there may have been some other opportunities for this area and would encourage the applicant to come forward with a different request. The motion to deny carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Taylor, Phelps Nay: 1 -Byerly Absent: 1 -Duffy 8d Approval of a request for a Special Use Permit for. alcohol sales on Lots 1-4, Block 1 of the C-D Subdivision located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane, Case Z-07-020 The discussion for this item is contained in the previous zoning case minutes, however, the motion and vote were made separately, see below. Commissioner Taylor moved to deny case Z-07-020. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Taylor, Phelps Nay: 1 -Byerly Absent: 1 -Duffy 8e Approval of a request for a zoning change from R20-Single Family Residential to R40-Single Family Residential on 1.86 acres out of the O.C. Strum Survey located at 5904 Bransford Road, Case Z-07-021 Chris Fuller presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 9:26 p.m. There being no one wishing to speak, the public hearing was closed at 9:26 p.m. Commissioner Phelps moved to approve case Z-07-021. Commissioner Taylor seconded. City of Colleyville Page 15 Printed on 7/5/2007 Planning and Zoning Commission Minutes -Final June 11, 2007 Commissioner Phelps questioned staff if there are any issues with allowing horses into this particular area? Commissioners had none. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Chris Fuller introduced Ron Ruthven ,the new development coordinator. 10. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Dudziak gave congradulations to Fire Marshal Rob McKeown for the life saving award. 11. ADJOURNMENT Meeting adjourned at 9:27 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, June 7, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on June 25, 2007. City of Colleyville Page 16 Printed on 7/5/2007 ~`"~='` City of Colleyville ~/ ~- ~`~~ ~ Minutes -Final r~-~;~ Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, June 25, 2007 7:00 PM City Council Chambers 6:15 P.M. -PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE DISCUSSION OF PREVIOUS MEETING MINUTES 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 Phelps on June 25, 2007 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Scott Redfearn, Mary Taylor and David Phelps Absent: Commissioners Dave Dudziak, Denis Duffy and Jeff Byerly Staff Present: Chris Fuller, Ron Ruthven, Rob McKeown and Jeremy Hutt 3. INVOCATION The invocation was given by Commissioner Redfearn. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Taylor moved to approve the June 11, 2007 meeting minutes with corrections. Commissioner Knox seconded. City of Colleyville Page 1 Printed on 7/10/2007 Planning and Zoning Commission Minutes -Final June 25, 2007 The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Taylor, Phelps Absent: 3 - Dudziak, Duffy, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS There were none to be discussed. 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial property on Lot 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7970 Precinct Line Road, Case Z-07-023 Chris Fuller presented the case and briefed the Commissioners. Commissioner Phelps opened the public hearing. Mark Howe, the Realtor for this property came forward on behalf of Nathan Chandler, the applicant, to present the case and brief the Commissioners. Commissioner Redfearn questioned Mr. Howe regarding the local market, is there a demand? Mr. Howe replied there is a demand, there is not one in this particular area and this will be the next generation of this type product. Commissioner Phelps stated the southern portion includes the southern curb cut, where is the actual property line? Mr. Howe replied down the center of the curb. Commissioner Phelps stated it would be shared? Mr. Howe replied yes. Commissioner Phelps questioned Mr. Howe regarding if there would be any other considerations by the applicant that they would point out as far as having a straight access into their entry as opposed to the absence of the new cut out? Chris Fuller replied the new driveway cut out would have to be approved by the State. Mr. Howe replied not being able to answer for them, however, with this existing plat on the property and the application for the curb cut with TxDot, he stated feeling sure it would be approved. Commissioner Taylor stated because the applicant is not here, she stated she would like to table this case until the applicant can be present. City of Colleyville Page 2 Printed on 7/10/2007 Planning and Zoning Commission Minutes -Final June 25, 2007 There being no one wishing to speak, the public hearing was closed. Commissioner Knox questioned staff if the sidewalk that is required would be on the next draft? Chris Fuller replied if the Commission would like the sidewalk on the exhibits, it can be requested. Commissioner Knox replied he would like to see them. He also questioned if the turning radius for the fire lane meets the Fire Department requirements? Fire Marshal Rob McKeown concurred. Commissioner Redfearn questioned Mr. Howe is short on the open space requirement? Mr percent. Commissioner Redfearn stated there to the project to make up for the lack of oper the logic for the cross access, in that it impr for the business to the north and maybe for t being a good proposal for this space. regarding if the applicant Howe replied yes, at 20 are some other highlights space. He stated seeing ves the commercial traffic e church. He stated this Mr. Howe stated the applicant would be willing to do the required landscaping and signage for this project. He stated the architecture for the project is in line with what Colleyville requires. Commissioner Phelps stated he would like to see a more complete picture with this being a PUDC, with all of the items. Chris Fuller replied staff is requesting that the facade articulations extend along the site lines along the north and south. Mr. Howe stated the applicant had a lot of pictures to present, however, he stated not having those pictures. Commissioner Phelps stated being an advocate of the cross access, at least for the gas station business. Commissioner Taylor moved to continue case Z-07-023 until the July 9, 2007 meeting. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Taylor, Phelps Absent: 3 - Dudziak, Duffy, Byerly 9. TABLED AGENDA ITEMS 9a Approval of a zoning change from CC2-Shopping Center and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 20.57 acres out of the R.N. McEwing Survey and Lots 1 and 2, Block 1 of the Reed Addition, located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case Z-07-018 Commissioner Redfearn moved to remove case Z-07-018 from the tabled items. Commissioner Taylor seconded. City of Colleyville Page 3 Printed on 7H0/2007 Planning and Zoning Commission Minutes -Final June 25, 2007 The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Taylor, Phelps Absent: 3 -Dudziak, Duffy, Byerly Chris Fuller presented the case and briefed the Commissioners. Commissioner Redfearn moved to reopen case Z-07-018 for a public hearing. Commissioner Knox seconded. The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Taylor, Phelps Absent: 3 -Dudziak, Duffy, Byerly Aubra Palmer, 6406 Lorraine Park, spoke in favor of the rezoning request and stated this would be the best use for this property. Doug Terry, 717 Arcady Lane, spoke in favor of the rezoning request and stated this project would be the best use for this area. Bill Glasgow, 6400 Bordeaux Park, spoke in favor of the rezoning request and stated this project would be great for the community. David Goldstein, 2402 Spruce Court, spoke in favor of the rezoning request and stated this project would be the best use for this area. John Fegan, the developer, came forward to present the case and answer any questions the Commissioners had. Konstantine Bokintas, the engineer for the project, came forward as well. Commissioner Redfearn questioned Mr. Bokintas regarding if there had been any updates regarding drainage? Mr. Bokintas stated there have not been any changes regarding drainage. He stated they do recognize that there are issues with drainage in the area and stated they have done a preliminary drainage analysis for the area. He stated there will be a below grade drainage system that will carry the waters safely out and towards Lavaca Trail. He stated the existing swell that exists on the southern portion where the R201ots are located will not be there any longer that will be filled in and the below grade storm drainage system will run below the streets. He stated the proposed detention on the site will assure that there will be no additional run off generated by this development. He stated this will not solve all of the issues in that area but it will not aggravate them either. He stated it should improve a number of situations. City of Colleyville Page 4 Printed on 7/10/2007 Planning and Zoning Commission Minutes -Final June 25, 2007 Commissioner Taylor complimented Mr. Fegan regarding the play area on the plat. Commissioner Redfearn questioned staff regarding if there have been any updates to the ordinance regarding the revised recommendations at the last meeting? Chris Fuller replied the ordinance has been revised to include the recommendations requested by the developer and by the Commission. He stated the $300 for the reserve fund for the maintenance of the roads and the drainage facility have not been included in the ordinance as they were to be determined. He stated those will need to be included. Commissioner Redfearn questioned staff if the 25% more trees had been included? Chris Fuller replied it not being 25% more trees, it was stated 25 more trees would be included in the open space. Commissioner Redfearn questioned staff if that was included in the ordinance? Chris Fuller replied yes. Commissioner Taylor questioned staff regarding if there is a caliper range for those trees? Mr. Fegan replied a minimum of three inch. There being no one wishing to speak, the public hearing was closed. Commissioner Taylor moved to approve case Z-07-018 with all of the corrections and that the $300 reserve fund per year per lot be included. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Taylor, Phelps Absent: 3 - Dudziak, Duffy, Byerly 10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Chris Fuller thanked those Commissioners for being present. 11. 12. COMMISSIONERS' COMMENTS AND REPORTS None ADJOURNMENT The meeting adjourned at 7:50 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, June 21, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 5 Printed on 7H0/2007 Planning and Zoning Commission Minutes -Final June 25, 2007 Meeting minutes approved on July 9, 2007. City of Colleyville Page 6 Printed on 7/10/2007 RESOLUTION R-07-2861 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JULY 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, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor