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HomeMy WebLinkAboutCity Council-Agenda Packets-10/18/2016 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, October 18, 2016 JOINT CITY COUNCIL AND WATER AND WASTEWATER RATE ADVISORY COMMITTEE WORKSESSION 5:00 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR EXECUTIVE SESSION 6:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with City Attorney regarding City Developer Agreement Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Attorney Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect OLYMPIAN RECEPTION 7:00 P.M. FRONT STEPS OF CITY HALL City Council Agenda October 18, 2016 City of Colleyville Page 2 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Associate Pastor Kyle Bauman, Bear Valley Church PLEDGE OF ALLEGIANCE: Assistant City Attorney Ben Stool 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-4043 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of a $500 donation to the Colleyville Fire Department from Atmos Energy, Tommy Clark, Atmos Energy Operations Supervisor - Mayor Richard Newton and Fire Chief Brian Riley Presentation of the Outstanding Community Partner Award from Safe Kids - Mayor Richard Newton, Fire Chief Brian Riley and Emergency Management Coordinator Kenny Phillips In recognition of Colleyville's Featured Business of the Month - Village Lane Apothecary, 60 Village Lane, Store Manager Sarah Pruett - Mayor Richard Newton and SH26 Project Coordinator James Hubbard 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-4044 4a Approval of the minutes of the regular City Council meeting of October 3, 2016 4b Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Cheek-Sparger Road and Bedford Road, and authorize the city manager to execute the agreement 4c Approval of the use of the Voluntary Library Fund in Fiscal Year 2017 (FY 2017), for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $155,000 4d Approval of an Interlocal Agreement between the cities of Colleyville, Bedford, and Watauga for insurance broker services, and authorize the city manager to execute the agreement City Council Agenda October 18, 2016 City of Colleyville Page 3 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-16-1993 Consideration of a Special Use Permit for an accessory building larger than permitted on Lot 3, Block 1, Hidden Acres Addition, located at 1212 Holly Lane, Case ZC16-012 5b Ordinance O-16-1994 Consideration of a zoning change from the AG-Agricultural district to the R-40 Single Family Residential district on Lot 2, Block 1, Morris Addition, located at 7201 Pleasant Run Road, Case ZC16- 014 5c Ordinance O-16-1995 Consideration of a zoning change from the R-40 Single Family Residential district to the R-30 Single Family Residential district on Lot 1R, Block 1, O. Martin Subdivision, located at 5601 Montclair Drive, Case ZC16-017 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-16-4045 Approval of a City-Developer Agreement with M/I Homes of DFW, LLC for the reimbursement of the construction costs of the waterline connection associated with the Creekside at Colleyville Development - Phase 5, and authorize the city manager to execute the agreement 6b Resolution R-16-4046 Approval of a City-Developer Agreement with Mainvue Tx, LLC, for the reimbursement of the construction costs of the waterline along Cheek-Sparger Road associated with the Creekside at Colleyville Development - Phase 3, and authorize the city manager to execute the agreement 6c Resolution R-16-4047 Approval of a resolution stating City Council's desire to hold joint worksessions/meetings with the Grapevine-Colleyville Independent School District (GCISD) Board of Trustees 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City Council Agenda October 18, 2016 City of Colleyville Page 4 8. REPORTS Planning and Zoning Commission Meeting Minutes - September 12, 2016 Zoning Board of Adjustment Meeting Minutes - September 13, 2016 Monthly Financial Report - September 2016 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 18, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16- 4048 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, October 14, 2016 by 5:00 p.m. Amy Shelley, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. 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 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 1 Agenda Date 10/18/2016 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with City Attorney regarding City Developer Agreement Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Attorney Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect RESOLUTION R-16-4043 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 18, 2016 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 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 18 TH DAY OF OCTOBER 2016. Mayor Richard Newton Mayor Pro Tem Chris Putnam Place 1, Tammy Nakamura Place 5, Nancy Coplen Place 2, Bobby Lindamood Place 6, Mike Taylor Place 4, Jody Short ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3 Agenda Date 10/18/2016 Type Announcements, Proclamations, and Presentations Department City Manager Title Presentation of a $500 donation to the Colleyville Fire Department from Atmos Energy, Tommy Clark, Atmos Energy Operations Supervisor - Mayor Richard Newton and Fire Chief Brian Riley Presentation of the Outstanding Community Partner Award from Safe Kids - Mayor Richard Newton, Fire Chief Brian Riley and Emergency Management Coordinator Kenny Phillips In recognition of Colleyville's Featured Business of the Month - Village Lane Apothecary, 60 Village Lane, Store Manager Sarah Pruett - Mayor Richard Newton and SH26 Project Coordinator James Hubbard Attachments RESOLUTION R-16-4044 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 18, 2016 WHEREAS,City 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 City Council action under Consent Items as follows are hereby adopted: a.Approval of the minutes of the regular City Council meeting of October 3, 2016 b.Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Cheek-Sparger Road and Bedford Road, and authorize the city manager to execute the agreement c.Approval of the use of the Voluntary Library Fund in Fiscal Year 2017 (FY 2017), for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $155,000 d.Approval of an Interlocal Agreement between the cities of Colleyville, Bedford, and Watauga for insurance broker services, and authorize the city manager to execute the agreement AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 18TH DAY OF OCTOBER 2016. Mayor Richard Newton Mayor Pro Tem Chris Putnam Place 1, Tammy Nakamura Place 5, Nancy Coplen Place 2, Bobby Lindamood Place 6, Mike Taylor Place 4, Jody Short ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, October 3, 2016 City Council Chambers Mayor Richard Newton called the Executive Session of the Colleyville City Council to order on Monday, October 3, 2016, at 4:00 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor Absent: Mayor Pro Tem Chris Putnam and Councilmember Tammy Nakamura Staff Present: City Manager Jennifer Fadden and City Secretary Amy Shelley. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Attorney (City Attorney interviews) Mayor Richard Newton recessed the Executive Session at 5:05 p.m. Mayor Richard Newton called the Worksession of the Colleyville City Council to order on Monday, October 3, 2016, at 5:12 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor Absent: Mayor Pro Tem Chris Putnam and Councilmember Tammy Nakamura City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Chief Financial Officer Brian Hogan, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, Community Development Director Ben Bryner, Principal Planner Shane Pace, Recreation and Library Director Mary Rodne, Accounting Finance Manager Karen Hines, SH26 Coordinator James Hubbard, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. WS-1 Discussion of updates to the tree preservation ordinance Community Development Director Ben Bryner presented this item and briefed the City Council. City of Colleyville Page 2 City Council Minutes - DRAFT October 3, 2016 Mayor Newton asked staff if the previous owner may not have shared the tree preservation plan with the new owner. Director Bryner replied yes, it is possible. Mayor Newton asked staff where the numbers in the tree coverage preservation came from. Director Bryner replied he believes it has been around since the 2009 version, and it is a common breakdown in percentage of preservation. Councilmember Lindamood asked staff if “protected trees are all trees with a six inch trunk diameter or larger” and includes “trash” trees. Director Bryner replied it does not, but all trees six inches or greater have to be identified and then from that base point, you can begin to exempt the undesirable trees. Councilmember Taylor asked staff why a tree would need to be counted if it is going to be exempted. Director Bryner replied you would need to know what is on site to start with so that you can then show what is being removed. Councilmember Lindamood asked staff if trees within the right-of-way are counted toward the preservation. Director Bryner replied it depends on the location, like in the major right-of-way of the property, it would not count, but otherwise it would count. Councilmember Lindamood asked staff about the trees that straddle property lines. Director Bryner replied there are some exempted areas, but overall you look at the entire site. Councilmember Lindamood asked staff if the requirements are different with a resident versus a developer. Director Bryner replied the same standards apply. Mayor Newton asked staff if the tree preservation requirements would come into play if a resident makes a modification to the building footprint. Director Bryner replied yes, it very well could. Mayor Newton asked staff how tree preservation applies to homeowners who have been there for a long time. Director Bryner replied a lot of it depends if there was a tree preservation plan in place, and there are ways in which residents can remove trees, but we still want trees to be preserved where they can. Mayor Newton asked staff what is an exempt area. Director Bryner replied it is the area in which the building is going to be placed. Mayor Newton asked staff if the mitigated trees must be located on the same property. Director Bryner replied there could be an instance where there is no space to put the tree, but it could be planted or applied in the entire subdivision. Councilmember Lindamood asked staff if those mitigated caliper inches, which could not be planted on the same lot, could be dedicated to the park fund. Director City of Colleyville Page 3 City Council Minutes - DRAFT October 3, 2016 Bryner replied it may be cheaper for them to plant the tree than to put money into the fund. Mayor Newton asked staff if the property owner could be directed where to plant the tree. Director Bryner replied that could be one option. Councilmember Short asked staff if the planting of four, six inch trees is the equivalent of a 24 inch caliper tree. Director Bryner replied initially no, but after they grow, it will be more than 24 inches. He added there could be some mitigation incentives in order for them to save the 24 inch caliper tree, but staff has not evaluated those incentives. Mayor Newton asked staff what the setback envelope means. Director Bryner replied everything interior to the front, back, and two side yard setbacks. Mayor Newton asked staff what exempt means in the setback envelope area. Director Bryner replied they can use up to 50 percent of existing tree coverage in the calculation mitigation. Mayor Newton asked staff if the calculation takes into account the lot coverage percent. Director Bryner replied no. Councilmember Short asked staff if undergrowth is included in tree preservation. Director Bryner replied not currently, but undergrowth could be something outlined in the landscape section of the Land Development Code. Councilmember Lindamood suggested providing a lower value to a less desired tree, and a higher value to a desired tree. He stated then what is left to mitigate to the park system might be more or less, depending on the credit percentage. Director Bryner stated he would look at that option. Councilmember Taylor asked staff if they have reached out to other communities to see what has been done relative to tree preservation. Director Bryner replied yes, he has reviewed several ordinances and procedures. WS-2 Discussion of Temporary Business Signs - State Highway 26 SH26 Coordinator James Hubbard presented this item and briefed the City Council. Mayor Newton asked staff if the exemption is to allow the business to put a sign in a parking place. Coordinator Hubbard replied yes. Mayor Newton asked staff about the allowance per business. Coordinator Hubbard replied each business, based on certificate of occupancy, could have one sign. He added if there are 30 businesses in a center, 30 parking spaces could essentially City of Colleyville Page 4 City Council Minutes - DRAFT October 3, 2016 be taken up by signs. He stated most shopping centers have deed restrictions that would limit the number of signs. Mayor Newton asked staff if the signs will be effected by the changes in traffic patterns as construction moves along. Coordinator Hubbard replied possibly. Councilmember Lindamood asked staff if the construction will be completed in phases. Coordinator Hubbard replied it is going to be phased, but construction clutter and orange barrels will be along the entire corridor. Councilmember Short asked staff if the intent is to replace signs that will be lost during the construction process. Coordinator Hubbard replied it is more for marketing, not signs lost due to construction. Councilmember Taylor asked staff why a resolution could not be passed as needed. City Attorney Matthew Boyle replied it relates to the rule of equal dignities. Since the Land Development Code, which contains the sign regulations, was passed by an ordinance, the chapter would need to be amended by an ordinance. Councilmember Taylor asked staff why a temporary sign would be necessary, especially if the business’s sign is not touched. Coordinator Hubbard replied the signs would mostly be for advertising purposes, to help find the businesses during the road project. Mayor Newton suggested holding off on doing anything up front when we are not yet sure if the temporary signs will be necessary. Mayor Newton asked staff if there is a mechanism in which something could be done quickly, if necessary, other than changing the ordinance. City Attorney Matthew Boyle replied the short answer is no. WS-3 Discussion of Conflict of Interest forms for vendors Councilmember Lindamood presented this item and briefed the City Council and provided handouts for review. Due to a limited amount of time left in the worksession, Mayor Newton asked for this item to be moved to a future worksession. WS-4 Discussion of the October 3, 2016, City Council regular agenda items There was no discussion of this item. Mayor Newton adjourned the worksession at 6:32 p.m. City of Colleyville Page 5 City Council Minutes - DRAFT October 3, 2016 Mayor Richard Newton reconvened the Colleyville City Council Executive Session on Monday, October 3, 2016, at 6:32 p.m. in the Executive Conference Room. ROLL CALL: Mayor Richard Newton, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor Absent: Mayor Pro Tem Chris Putnam and Councilmember Tammy Nakamura Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, Section 551.074 Personnel, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with City Attorney regarding City Developer Agreement Section 551.071 - Legal - Consultation with and legal advice from the City Attorney regarding SWPPP and TCEQ issues with Toll Brothers Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Attorney Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Newton recessed the executive session at 7:28 p.m. Mayor Richard Newton called the regular City Council meeting to order in the Council Chambers at 7:35 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor City of Colleyville Page 6 City Council Minutes - DRAFT October 3, 2016 Absent: Mayor Pro Tem Chris Putnam and Councilmember Tammy Nakamura INVOCATION: Pastor Dale Molden, First Baptist Church Colleyville PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-4040 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Coplen encouraged everyone to attend an event on Tuesday, October 18, 2016, to meet the 2016 Colleyville Olympians, Katie Meili and Stephen Lamdin. Assistant City Manager/Director of Public Safety Mike Holder encouraged everyone to attend National Night Out on Tuesday, October 4, 2016, at City Park on Bransford Road, beginning at 6:00 p.m. The evening ends with a softball game between police and fire. Presentation of the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting - Mayor Richard Newton and Chief Financial Officer Brian Hogan Mayor Newton presented Chief Financial Officer Brian Hogan with the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting. Mayor Newton explained the Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting and its attainment represents a significant accomplishment by the City of Colleyville and its management. The City’s report was judged by an impartial panel and met the high standards of the program including demonstrating a constructive spirit of full disclosure to clearly communicate our financial picture. This is the 27th consecutive year the City has received the award. Recognition of employees' years of service and achievements Mayor Newton recognized employees for their years of service to the City: One Year: Byron Osgood, Public Works, Glynn Miller, Public Works, Stephanie Jenkins, Human Resources, Cheryl Taylor, Public Works, and Shane Pace, Community City of Colleyville Page 7 City Council Minutes - DRAFT October 3, 2016 Development. Five years: Kyle Franco, Fire, Dustin Eason, Police, and Erik Uplegger, Colleyville Center. Ten years: Joanne Caniano, Library, Joshua Large, Parks, and William Savage, Fire. Stephanie Jenkins, Shane Pace, Joanne Caniano, and William Savage were present to receive certificates of appreciation. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-4041 4a Approval of the minutes of the regular City Council meeting of September 20, 2016 4b Approval to purchase three (3) Chevrolet Tahoe patrol vehicles, from Caldwell Country Chevrolet, in an amount not to exceed $144,194, bid through the Texas Local Government Purchasing Cooperative "Buy Board"; approval to purchase three (3) Ford Taurus unmarked vehicles, from Silsbee Ford, in an amount not to exceed $80,998, bid through the Texas Local Government Purchasing Cooperative "Buy Board"; and authorize the city manager to execute all purchasing documents Mayor Newton read Resolution R-16-4041 in its entirety. Assistant Police Chief Robert Hinton briefed the City Council regarding item 4b. Mayor Newton asked staff about the cost to outfit the vehicle. Chief Hinton replied the current Tahoe pricing is $31,966 and the cost to equip the vehicles is $21,500, with a total cost of $53,466. He added some savings will be received from a radio assistance program grant. Councilmember Lindamood expressed his appreciation to the police department for seeking a competitive bid and by coming in under budget. Mayor Newton opened the public hearing at 7:55 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:55 p.m. Councilmember Taylor made a motion to approve Resolution R-16-4041 and Councilmember Lindamood seconded the motion. The motion carried with the following vote: Aye: 5 – Mayor Richard Newton, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor City of Colleyville Page 8 City Council Minutes - DRAFT October 3, 2016 Absent: 2 – Mayor Pro Tem Chris Putnam and Councilmember Tammy Nakamura 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-16-1993 Consideration of a Special Use Permit for an accessory building larger than permitted on Lot 3, Block 1, Hidden Acres Addition, located at 1212 Holly Lane, Case ZC16-012 Mayor Newton filed an affidavit and recused himself from this agenda item. Councilmember Mike Taylor read the caption of Ordinance O-16-1993. Community Development Director Ben Bryner presented this item and briefed the City Council. Councilmember Lindamood asked staff if the building is going to be built on an existing slab. Director Bryner replied yes. Councilmember Taylor opened the public hearing at 8:10 p.m. There were no others present wishing to speak and Councilmember Taylor closed the public hearing at 8:12 p.m. This is a first reading, therefore City Council will not take any action. 5b Ordinance O-16-1994 Consideration of a zoning change from the AG-Agricultural district to the R-40 Single Family Residential district on Lot 2, Block 1, Morris Addition, located at 7201 Pleasant Run Road, Case ZC16-014 Mayor Newton joined the meeting from this point forward. Mayor Newton read the caption of Ordinance O-16-1994. Community Development Director Ben Brymer presented this item and briefed the City Council. Mark Assad, 5000 Thompson Terrace, and representing the property owner, presented this item and briefed the City Council. Mayor Newton asked Mr. Assad why RE-Residential Estate zoning was not requested. Mr. Assad replied R-40 is being sought to be consistent with the area, and the buyer has no intention of putting together anything smaller than 1.5 acre lots, in general. City of Colleyville Page 9 City Council Minutes - DRAFT October 3, 2016 Mayor Newton opened the public hearing at 8:10 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in support, but would like a guarantee that it will not be developed as smaller lots. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:12 p.m. Mayor Newton asked staff about the lot size for RE zoning. Director Bryner replied 80,000 square feet. Mr. Assad stated for clarification that the existing house is not being demolished, the purpose is to plat the middle lot. This is a first reading, therefore City Council will not take any action. 5c Ordinance O-16-1995 Consideration of a zoning change from the R-40 Single Family Residential district to the R-30 Single Family Residential district on Lot 1R, Block 1, O. Martin Subdivision, located at 5601 Montclair Drive, Case ZC16-017 Mayor Newton read the caption of Ordinance O-16-1995. Community Development Director Ben Brymer presented this item and briefed the City Council. Mayor Newton opened the public hearing at 8:18 p.m. Kathy Hadley, 204 Timberline Drive North, filled out a speaker card in opposition; however, she stated she is good with this request. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:19 p.m. This is a first reading, therefore City Council will not take any action. 6. TABLED: RESOLUTION(S) 6a Resolution R-16-4032 Consideration of filling the Place 1 position on the Zoning Board of Adjustment, with Alternate 1, and filling the Alternate 1 position with the Alternate 2 City of Colleyville Page 10 City Council Minutes - DRAFT October 3, 2016 Mayor Newton suggested removing this item from the table, and then removing it from the agenda as appointments will be made to this board at the next City Council meeting. Councilmember Taylor made a motion to remove Resolution R-16-4032 from the table, without objection, for consideration. Mayor Newton made a motion to remove Resolution R-16-4032 from the agenda. Councilmember Taylor seconded. The motion carried with the following vote: Aye: 5 – Mayor Richard Newton, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor Absent: 2 – Mayor Pro Tem Chris Putnam and Councilmember Tammy Nakamura 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 Timberline Drive North, praised the police department, specifically Officer Bonham and Detective Prewitt, for speaking with her daughter about a texting issue she had with another girl. 8. REPORTS Historical Preservation Committee Meeting Minutes - April 14, 2016 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 3, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4042 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 8:24 p.m. Mayor Newton reconvened the executive session at 8:32 p.m., in the Executive Conference Room. Mayor Newton adjourned the executive session at 9:26 p.m. City of Colleyville Page 11 City Council Minutes - DRAFT October 3, 2016 APPROVED BY A VOTE OF AYES, NAYS, AND ABSTENTIONS ON THIS THE ________ DAY OF _______________ 2016. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 10/18/2016 Number Resolution R-16-4044 Type Resolution Department Public Works Title Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Cheek-Sparger Road and Bedford Road, and authorize the city manager to execute the agreement Strategy Map Connection B3- Utilize partnerships to implement cost-effective service solutions Explanation Reading and Public Hearing Staff is seeking approval to enter into an Interlocal Agreement with Tarrant County for the rehabilitation of Cheek-Sparger Road from Brown Trail to Bedford Road and the rehabilitation of Bedford Road from Cheek-Sparger Road to the Little Bear Creek Bridge, just north of Sparger Park. The portion of Bedford Road north of the Little Bear Creek Bridge to Glade Road was rehabilitated by Tarrant County in FY 2016. The City of Colleyville regularly partners with Tarrant County to perform street maintenance work. Tarrant County has recently completed similar roadway rehabilitation projects at a considerable cost savings to the City. With the approval of the Interlocal Agreement, Tarrant County will provide the labor and equipment necessary to rehabilitate the roadways and the City will be responsible for the costs associated with the following items: removal of excess materials, new materials, construction materials testing, traffic control (including barricades to redirect traffic flow to alternate lanes during the construction) and disposal fees at an off-site landfill facility for waste materials generated during the project. The street improvements will include various techniques depending on the condition of the existing roadway. One method will involve the reclamation of the existing roadbed materials, stabilization of the road base with slurry cement, regrade, and placement of a new asphalt surface, while other sections will receive a resurfacing (two-inch of new asphalt), where there is an adequate thickness of existing asphalt. All of the work will result in the roads being addressed in their current configurationwith the exception of Cheek-Sparger Road at the intersection of Bedford Road which will include minor widening within the existing right-of-way to accommodate longer, continuous left turn lanes between Bedford Road and the main driveway to Covenant Christian Academy School. City Council Agenda Briefing 4b City of Colleyville Page 2 The City will be responsible for providing traffic control during the construction to allow continuous access. While both roadways will remain open to traffic, the turn lanes along Cheek-Sparger Road will not be accessible throughout the duration of construction. This agreement will result in the rehabilitation of Cheek-Sparger Road (Exhibit 1) and Bedford Road (Exhibit 2) which is approximately 5,500 linear feet of roadway. The total duration of construction for Cheek-Sparger Road is estimated at 8-10 weeks, weather permitting. Tarrant County will begin work on Cheek-Sparger Road in late October or early November, after approval of the Interlocal Agreement by the Tarrant County Commissioner’s Court at their October 25, 2016 meeting. Tarrant County will begin work on Bedford Road in Spring 2017 after the completion of the Bedford Road Retaining Wall construction. Duration for the rehabilitation of Bedford Road is approximately two weeks, weather permitting. This agreement is consistent with the City's street rehabilitation and maintenance program. Rehabilitation of Cheek-Sparger Road was included in the original Capital Improvements Program (CIP) for FY 2016, adopted by Resolution R-15-3907 (attached). Bedford Road was added to the FY 2016 CIP by Resolution R-16-3950 (attached) on January 5, 2016. The proposed Interlocal Agreement with Tarrant County allows for the rehabilitation of multiple City streets without incurring the full cost of the project. The overall value of the proposed street improvements included in this agreement is approximately$1,360,000, with the City's share of the cost for materials, milling, testing, and traffic control estimated to be $817,000 (approximately $663,000 from Tarrant County estimates and $154,000 additional ancillary costs). By utilizing the Tarrant County Interlocal Agreement to perform this work, the City is saving approximately 40 percent, versus the same work being performed by a contractor hired directly by the City. If approved by City Council, the Agreement will be forwarded to the Tarrant County Commissioners Court for approval at their October 25, 2016 meeting. Financial Impact This project is included in the FY 2016 Capital Improvement Program. Funding for this project is available within the Capital Projects Fund. Recommendation Approve Attachments 1.Interlocal Agreement City Council Agenda Briefing 4b City of Colleyville Page 3 2.Exhibit 1 - Cheek-Sparger Road 3.Exhibit 2 - Bedford Road 4.R-15-3907 5.Tarrant County Estimates 6.R-16-3950 1 THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT This Interlocal Agreement is between Tarrant County, Texas (“COUNTY”), and the City of Colleyville (“CITY”). WHEREAS, the CITY is requesting the COUNTY’s assistance to: Repair and Resurface Bedford Road located within the City of Colleyville from Little Bear Creek Bridge to Cheek-Sparger Road (Approximately 1,956 linear feet). Rehabilitate, Widen and Resurface Cheek-Sparger Road located within the City of Colleyville from Brown Trail to Bedford Road (Approximately 3,453 linear feet). Collectively, hereinafter referred to as the “Project”. WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas Government Code provides legal authority for the parties to enter into this Agreement; and WHEREAS, during the performance of the governmental functions and the payment for the performance of those governmental functions under this Agreement, the parties will make the performance and payment from current revenues legally available to that party; and WHEREAS, the Commissioners Court of the COUNTY and the City Council of the CITY each make the following findings: a.This Agreement serves the common interests of both parties; b.This Agreement will benefit the public; c.The division of costs fairly compensates both parties to this Agreement; and d.The CITY and the COUNTY have authorized their representative to sign this Agreement. e. Both parties acknowledge that they are each a “governmental entity” and not a “business entity” as those terms are defined in Tex. Gov’t Code § 2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov’t Code Section 2252.908 is required. NOW, THEREFORE, the COUNTY and the CITY agree as follows: 2 TERMS AND CONDITIONS 1.COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project: Bedford Road: Prior to the City milling the roadway, the COUNTY will make full depth repairs to identified localized base failures. Following milling of the existing asphalt surface by the CITY, the COUNTY will place two inches of asphalt surface and clean the jobsite. Cheek-Sparger Road: Following milling and removal of the excess materials by the CITY, the COUNTY will widen the existing roadbed according to plans, stabilize the exposed subgrade, regrade and shape, prime the roadbed, place four inches of asphalt base, place two inches of asphalt surface, backfill the pavement edges and clean the jobsite. 2.CITY RESPONSIBILITY 2.1 The CITY will furnish and pay for the actual cost of the materials, including any delivery or freight cost. The CITY will provide a purchase order and will be billed directly by the material supplier. The COUNTY may accumulate and bill the CITY for incidental material cost. 2.2 The CITY will pay for one-half of the COUNTY’s fuel used to construct this Project. The COUNTY will invoice the CITY for the fuel consumed at the conclusion of the Project. 2.3 The CITY will be responsible for all traffic control necessary to safely construct this project. This responsibility includes all advance notices, signage, barricades, pilot vehicles, and flagmen necessary to control traffic in and around the construction site. The CITY will be responsible for and provide portable message boards to supplement traffic control as needed. 2.4 The CITY will remove the excess roadbed materials prior to the COUNTY stabilizing the exposed subgrade. 2.5 The CITY will adjust all utilities, manholes and valve boxes for this Project. 2.6 The CITY will provide the COUNTY with a hydrant meter and all the water necessary for construction of the Project at no cost to the COUNTY. 3 2.7 The CITY will provide or pay for any engineering, survey, and laboratory testing required for this Project. 2.8 The CITY will furnish a site for dumping all spoils and waste materials generated during construction of this Project. 2.9 The CITY will reimburse the COUNTY for actual cost of any overtime hours the CITY requires the COUNTY to provide watering the roadway for dust control after regular work hours. 2.10 If required, the CITY will be responsible for the design and development of a Storm Water Pollution Prevention Plan (SWPPP). The CITY further agrees to pay for all cost (including sub-contractor materials, labor and equipment) associated with the implementation of the plan. The COUNTY will be responsible for maintenance of the plan during the duration of the Project. Documentation and record keeping of the SWPPP will be the responsibility of the CITY. 3.PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this Project. If the CITY has a complaint regarding the construction of the project, the CITY must complain in writing to the COUNTY no later than 30 days of the date of project completion. 4.NO WAIVER OF IMMUNITY This Agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This Agreement does not waive CITY rights under a legal theory of sovereign immunity. 5.OPTIONAL SERVICES 5.1 If requested by the CITY, the COUNTY will apply permanent striping coordinated through the Transportation Department. Application of striping by the COUNTY is limited to Project roadways. If the CITY desires permanent striping applied to any roadways or portions of roadways not covered by this Agreement, the CITY will need to enter into a separate agreement with the COUNTY for the provision of those services. 5.2 If requested by the CITY, the COUNTY will provide daytime traffic control in and around the work area for Cheek-Sparger Road. Traffic control measures will be billed at the actual labor cost plus 10% for use of the traffic control devices. The CITY will be responsible for providing all overnight and other traffic control measures. 4 6.TIME PERIOD FOR COMPLETION The CITY will give the COUNTY notice to proceed at the appropriate time. However, the COUNTY is under no duty to commence construction at any particular time. 7.THIRD PARTY This contract shall not be interpreted to inure to the benefit of a third party not a party to this contract. This contract may not be interpreted to waive any statutory or common law defense, immunity, including governmental and sovereign immunity, or any limitation of liability, responsibility, or damage of any party to this contract, party’s agent, or party’s employee, otherwise provided by law. 8.JOINT VENTURE & AGENCY The relationship between the parties to this Agreement does not create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 9.EFFECTIVE DATE This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. 10.TERMINATION This Agreement will automatically terminate on either September 30, 2017 or on the date the project is completed, whichever occurs first. Notwithstanding the foregoing, or any other language to the contrary, either party may terminate this Agreement without cause upon thirty (30) days’ written notice to the other party prior to the intended date of termination. In the event of termination by either party, neither party shall have any further obligations to the other party under this Agreement, except that the CITY remains liable to the COUNTY for any outstanding invoice for materials that the COUNTY provides for the project, if any. TARRANT COUNTY, TEXAS CITY OF COLLEYVILLE 5 __________________________________________________________ B. Glen Whitley Jennifer Fadden County Judge City Manager Date: ________________________Date: ______________________ __________________________________________________________ Gary Fickes Jeremy Hutt, P.E. Commissioner, Precinct 3 Director of Public Works Date: ________________________Date: ______________________ Attest:Attest: __________________________________________________________ APPROVED AS TO FORM*APPROVED AS TO FORM AND LEGALITY ___________________________________________________________________ Criminal District Attorney’s Office*City Attorney * By law, the Criminal District Attorney’s Office may only approve contracts for its clients. We reviewed this document as to form from our client’s legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. CHEEK SPARGER RD B R O W N T R L B E D F O R D R D O A K B R I A R L N W A Y N E D R INWOOD LN S A D D L E B R O O K D R B E D F O R D C T R O D E O D R BRIDL EWO O D M O C K I N G B I R D L N SOMERSET BLVD QUA IL CRE ST DR WOODVALE DR STEEPLECHASE DR S H A D O W R I D G E D R B R O W N T R A I L BRESTOL CT S O U T H W O O D C O A C H M A N L N G R E E N M E A D O W W O O D M O N T C T R AV E N C T WOODBRIAR LN P A D D I N G T O N L N A L E X A N D R A D R W E L L I N G T O N D R WATERFORD LN C O L L E Y V I L L E B L V D B R I A R R I D G E D R C R E S T C T FALCON CT T R E E M O N T C T B R O O K H O L L O W D R F O X H O L L O W D R P L A N T A T I O N D R DEL MAR CT E L M W O O D C T C O P P E R W O O D C T GREENBRIAR LN T R E E M O N T C I R G R E E N W A Y C T NORTH HAVEN DR M C L A I N R D B R I D L E W O O D C T W I S T E R I A L N H I D D E N V A L L E Y C T HARWOOD TER C U M M I N G S D R EXHIBIT 1Cheek-Sparger Road Rehabilitation¯ Vicinity Map BE D F O R D EXHIBIT 2Bedford Road Rehabilitation¯ Vicinity Map CHEEK-SPARGER RESOLUTION R-15-3907 A RESOLUTION ADOPTING A COMPREHENSIVE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2016- 2020 FOR THE CITY OF COLLEYVILLE, TEXAS WHEREAS, planning for capital expenditures is an essential function of local government; and WHEREAS, a multi-year capital improvement program is an important communication tool for residents and businesses; and WHEREAS, a multi-year capital improvement program is a valuable tool in addressing infrastructure renewal and replacement needs and an essential part of the City's financial planning. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Fiscal Year 2016-2020 Capital Improvement Program attached as Exhibit "A", is hereby adopted. Sec. 2. THAT the Capital Improvement Program will be reviewed and updated on an annual basis, or as otherwise necessary. Sec. 3. THAT changes to the Capital Improvement Program will require approval of the City Council. Sec 4. THAT this resolution replaces Resolution R-14-3781 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF 5-AYES, Q NAYS, AND 0 ABSTENTIONS ON THIS THE 15TH DAY OF SEPTEMBER 2015. ATTEST: COLLEYVILLE CITY COUNCIL Irl , A. S Amy elley, Tr C David Kelly City -cretary Mayor Project Year Title Total Project Cost CEDC (Parks, Trails Libraries)COG/TxDOT County FWHA/TxDOT General Fund Other, City Funds Perimeter Street Fees Roadway Impact Service Area 1 East of SH 26) Roadway Impact Service Area 2 West of SH 26)TIF Tomorrow Fund Utility Fund Wastewater Impact Fees Water Impact Fees Total Funding 2016 Folding Doors- Fire Station #1 $66,000.00 $0.00 $0.00 $0.00 $66,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $66,000.00 Down-payment on Fire Engine replacement $125,000.00 $0.00 $0.00 $0.00 $0.00 $125,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $125,000.00 City Hall - Backup Power $181,000.00 $0.00 $0.00 $0.00 $56,000.00 $0.00 $0.00 $0.00 $0.00 $125,000.00 $0.00 $0.00 $0.00 $0.00 $181,000.00 Justice Center - Roof Repair $100,171.00 $0.00 $0.00 $0.00 $0.00 $100,171.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $100,171.00 Colleyville Center AV Replacement $170,000.00 $170,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $170,000.00 Senior Center Repairs $100,000.00 $100,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $100,000.00 Construct New Trail 2016 $150,000.00 $150,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $150,000.00 Cheek-Sparger Road (Brown Trail to Bedford Road) - Rehabilitation $750,000.00 $0.00 $0.00 $0.00 $750,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $750,000.00 Glade Road Design (Phase 2 - Manning to Pool)$460,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $460,000.00 $0.00 $0.00 $0.00 $0.00 $460,000.00 Glade Road Design (Phase 3 - Pool to Heritage)$309,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $309,500.00 $0.00 $0.00 $0.00 $0.00 $309,500.00 Glade Road Design (Phase 4 - West City Limits to Bransford Road)$360,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $360,000.00 $0.00 $0.00 $0.00 $0.00 $360,000.00 John McCain (Pleasant Run Rd to Shepherds Glen) - Rehabilitation $662,222.00 $0.00 $0.00 $0.00 $662,222.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $662,222.00 Pleasant Run Design (Shelton to John McCain)$140,000.00 $0.00 $0.00 $0.00 $140,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $140,000.00 Westcoat - Rehabilitation $613,849.00 $0.00 $0.00 $0.00 $613,849.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $613,849.00 Glade Road Reconstruction (Phase 1 - Bransford to Manning)$3,755,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $23,514.00 $604,471.00 $49,784.00 $3,077,230.00 $0.00 $0.00 $0.00 $0.00 $3,755,000.00 Construct SH26 - Phase II and III $31,848,898.00 $0.00 $15,918,251.00 $14,930,647.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000,000.00 $0.00 $0.00 $0.00 $0.00 $31,848,898.00 Bandit Trail (County project) - Rehabilitation $300,000.00 $0.00 $100,000.00 $0.00 $200,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $300,000.00 Emergency Asphalt Maintenance $300,000.00 $0.00 $0.00 $0.00 $300,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $300,000.00 Fiber Build Phase 1-3 $394,700.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $394,700.00 $0.00 $0.00 $0.00 $394,700.00 Install Backup Generator for Emergency Power at L.D. Lockett Pump Station $140,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $140,000.00 $0.00 $0.00 $140,000.00 Water Project 4: Upsize and Replace Water Lines in Sunrise Terrace Subdivision $380,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $380,000.00 $0.00 $0.00 $380,000.00 Water Project 7: Demolish Overland Trail Pump Station and Storage Tank $130,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $130,000.00 $0.00 $0.00 $130,000.00 Water Project 9: Misc Repairs to Elevated Storage Tanks $226,600.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $226,600.00 $0.00 $0.00 $226,600.00 WW Project 2: Rehabilitate Sewer Manholes Identified to be in Poor Condition $186,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $186,000.00 $0.00 $0.00 $186,000.00 Vermeer Hydro Excavator-2008 (886)$87,000.00 $0.00 $0.00 $0.00 $0.00 $87,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $87,000.00 41,935,940.00 $420,000.00 $16,018,251.00 $14,930,647.00 $2,788,071.00 $312,171.00 $23,514.00 $604,471.00 $49,784.00 $5,331,730.00 $394,700.00 $1,062,600.00 $0.00 $0.00 $41,935,940.00 2017 UPS Battery Backup Replacement at Justice Center $85,000.00 $0.00 $0.00 $0.00 $0.00 $85,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $85,000.00 Construct New Trail 2017 $150,000.00 $150,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $150,000.00 Construct Pleasant Run Trail (Cottonbelt RR to John McCain)$300,000.00 $300,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $300,000.00 Bedford Road (County project) - Rehabilitation $500,000.00 $0.00 $175,000.00 $0.00 $325,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $500,000.00 Glade Road ROW (Phase 2 - Manning to Pool)$430,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $430,000.00 $0.00 $0.00 $0.00 $0.00 $430,000.00 Glade Road ROW (Phase 3 - Pool to Heritage)$190,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $190,000.00 $0.00 $0.00 $0.00 $0.00 $190,000.00 McDonwell School Road - Rehabilitation $713,316.00 $0.00 $0.00 $0.00 $713,316.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $713,316.00 Pleasant Run Rehabilitation (Shelton to John McCain)$760,000.00 $0.00 $0.00 $0.00 $760,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $760,000.00 Tinker Rehabilitation (Pleasant Run to Highway 26)$453,334.00 $0.00 $0.00 $0.00 $453,334.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $453,334.00 Emergency Asphalt Maintenance $300,000.00 $0.00 $0.00 $0.00 $300,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $300,000.00 Water Project 10: Water Group E Capital Improvements - Design $53,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $53,000.00 $0.00 $0.00 $53,000.00 Water Project 5: Upsize and Replace Water Lines in Brighton Oaks Subdivision $1,515,100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,515,100.00 $0.00 $0.00 $1,515,100.00 Water Project 8: Design for the Installation of Pressure Relief and Flow Control Valves and Associated Piping $42,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $42,500.00 $0.00 $0.00 $42,500.00 WW Project 3: Design Replacement of Pipelines on Manning Drive and near Pleasant Run Rd and McDonwell School Rd $75,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $75,000.00 $0.00 $0.00 $75,000.00 WW Project 4: Design for the Replacement of 10" Sewer Lines in Remington Park and Clairemont Subdivisions $33,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $33,000.00 $0.00 $0.00 $33,000.00 Elgin Street Sweeper-2009 (601)$197,527.00 $0.00 $0.00 $0.00 $0.00 $197,527.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $197,527.00 Ford F550 Bucket-2001 (695)$84,379.00 $0.00 $0.00 $0.00 $0.00 $84,379.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $84,379.00 5,882,156.00 $450,000.00 $175,000.00 $0.00 $2,551,650.00 $366,906.00 $0.00 $0.00 $0.00 $620,000.00 $0.00 $1,718,600.00 $0.00 $0.00 $5,882,156.00 2018 Construct New Trail 2018 $150,000.00 $150,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $150,000.00 Bransford (LD Lockett to Glade) - Rehabilitation $706,667.00 $0.00 $0.00 $0.00 $706,667.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $706,667.00 Glade Road Reconstruction (Phase 2 - Manning to Pool)$5,484,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $342,897.00 $0.00 $0.00 $4,724,103.00 $0.00 $0.00 $0.00 $417,000.00 $5,484,000.00 L. D. Lockett (Pleasant Run to Precinct Line)$1,133,333.00 $0.00 $0.00 $0.00 $1,133,333.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,133,333.00 Lowrie Road (County project) - Rehabilitation $135,000.00 $0.00 $45,000.00 $0.00 $90,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $135,000.00 Pleasant Run Rehabilitation (John McCain to North City Limits)$450,000.00 $0.00 $0.00 $0.00 $450,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $450,000.00 Reagan Road (County project) - Rehabilitation $155,000.00 $0.00 $55,000.00 $0.00 $100,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $155,000.00 Water Project 10: Water Group E Capital Improvements - Construct $459,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $459,000.00 $0.00 $0.00 $459,000.00 Water Project 11: Water Group D Capital Improvements - Design $372,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $372,000.00 $0.00 $0.00 $372,000.00 Water Project 3: Design New Elevated Water Storage Tank and Associated Distribution Lines $545,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $545,000.00 $545,000.00 Water Project 8: Install Pressure Relief and Flow Control Valves and Associated Piping $295,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $295,000.00 $0.00 $0.00 $295,000.00 WW Project 3: Replacement of Pipelines on Manning Drive and near Pleasant Run Rd and McDonwell School Rd $470,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $470,000.00 $0.00 $0.00 $470,000.00 WW Project 4: Sewer Group C Line Improvements - Construct $132,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $132,000.00 $0.00 $0.00 $132,000.00 10,487,000.00 $150,000.00 $100,000.00 $0.00 $2,480,000.00 $0.00 $342,897.00 $0.00 $0.00 $4,724,103.00 $0.00 $1,728,000.00 $0.00 $962,000.00 $10,487,000.00 2019 Construct New Trail 2019 $150,000.00 $150,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $150,000.00 Glade Road Reconstruction (Phase 3 - Pool to Heritage)$3,530,250.00 $0.00 $0.00 $0.00 $0.00 $0.00 $245,223.00 $0.00 $0.00 $3,151,027.00 $0.00 $0.00 $134,000.00 $0.00 $3,530,250.00 Montclair (County project) - Rehabilitation $435,000.00 $0.00 $155,000.00 $0.00 $280,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $435,000.00 Roberts Road (Glade to Grapevine City Limits) - Design reconstruction $152,880.00 $0.00 $0.00 $0.00 $152,880.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $152,880.00 Water Project 6: Upsize and Replace Water Lines in Woodbriar Estates and Quail Crest Subdivisions $1,555,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,555,000.00 $0.00 $0.00 $1,555,000.00 WW Project 1: Replace Sewer Lines in Woodbriar Estates and Quail Crest Subdivisions $1,670,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,670,000.00 $0.00 $0.00 $1,670,000.00 WW Project 5: Sewer Group F Line Improvements - Design $90,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $90,000.00 $0.00 $0.00 $90,000.00 Crafco Supershot Crack Sealer-2004 (674)$119,744.00 $0.00 $0.00 $0.00 $0.00 $119,744.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $119,744.00 Sewer T.V. Van E350-2008 (803)$80,370.00 $0.00 $0.00 $0.00 $0.00 $80,370.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $80,370.00 7,783,244.00 $150,000.00 $155,000.00 $0.00 $432,880.00 $200,114.00 $245,223.00 $0.00 $0.00 $3,151,027.00 $0.00 $3,315,000.00 $134,000.00 $0.00 $7,783,244.00 Exhibit "A" Project Year Title Total Project Cost CEDC (Parks, Trails Libraries)COG/TxDOT County FWHA/TxDOT General Fund Other, City Funds Perimeter Street Fees Roadway Impact Service Area 1 East of SH 26) Roadway Impact Service Area 2 West of SH 26)TIF Tomorrow Fund Utility Fund Wastewater Impact Fees Water Impact Fees Total Funding 2020 Justice Center - HVAC Replacement $237,000.00 $0.00 $0.00 $0.00 $0.00 $237,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $237,000.00 Justice Center - Metal Roof Coating $167,000.00 $0.00 $0.00 $0.00 $0.00 $167,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $167,000.00 Construct New Trail 2020 $150,000.00 $150,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $150,000.00 County Project - TBD $800,000.00 $0.00 $200,000.00 $0.00 $600,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $800,000.00 Roberts Road Reconstruction $1,200,950.00 $0.00 $0.00 $0.00 $1,200,950.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,200,950.00 Water Project 11: Water Group D Capital Improvements - Construct $2,540,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,540,000.00 $0.00 $0.00 $2,540,000.00 Water Project 3: Construct New Elevated Water Storage Tank and Associated Distribution Lines $3,871,975.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,871,975.00 $3,871,975.00 WW Project 5: Sewer Group F Line Improvements - Construct $625,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $625,000.00 $0.00 $0.00 $625,000.00 Target V465D Street Saw-2005 (672S)$56,345.00 $0.00 $0.00 $0.00 $0.00 $56,345.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $56,345.00 9,648,270.00 $150,000.00 $200,000.00 $0.00 $1,800,950.00 $460,345.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,165,000.00 $0.00 $3,871,975.00 $9,648,270.00 UNF Bedford Road Bridge $60,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Jackson Road Bridge $60,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Queensbury Way Bridge $100,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Flood Gates Upgrade $365,020.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Bedford Road Bridge at Little Bear $2,100,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Bransford Creek $2,080,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Glade Road Bridge at Trib LB2 $500,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Glade Road Culverts at Bluebonnet Creek $536,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Heritage Avenue at Little Bear $2,800,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Jackson Creek Drainage Improvements $2,500,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Jackson Road Bridge $3,400,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 John McCain Box Culvert at White Chapel Creek West $250,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Oak Knoll Bridge $2,700,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Pleasant Run Road Bridge at Big Bear $3,800,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Update Stormwater Master Plan $500,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Service Center - Construction $4,500,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fire Station 1 Repairs $107,716.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fire Station 2 Repairs $66,898.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fire Station 3 Repairs $65,457.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Justice Center - Roof Replacement $139,838.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 City Hall/Library - HVAC Replacement $273,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 City Hall - Boiler Replacement $107,900.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Library Fountain Repair $70,447.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 City Hall - Carpet and VCT Tile $102,443.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Library - Carpet and VCT Tile $98,055.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Justice Center - Carpet and VCT Tile $88,052.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Folding Doors- Fire Station #3 $44,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Acuff Lane - Rehabilitation $115,360.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Bedford Court - Rehabilitation $149,209.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Behrens - Rehabilitation $392,196.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Bettinger Drive- Rehabilitation $378,080.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Beverly Drive- Rehabilitation $222,098.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Bill Simmons Rd - Rehabilitation $269,867.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Black Drive - Rehabilitation $174,987.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Bluebonnet Drive - Rehabilitation $323,440.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Brook Meadows Addition $404,444.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Caldwell Hughes Road - Rehabilitation $115,360.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Cedar Court - Rehabilitation $209,964.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Cheek-Sparger Road (SH26 to Heritage - Less Brown to Bedford)$1,698,222.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Community Home Addition - Rehabilitation $262,222.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Cooks Lane- Rehabilitation $61,653.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Cutter Ridge Court - Rehabilitation $48,695.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fairway Addition - Rehabilitation $351,111.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Felps Court - Rehabilitation $32,853.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Felps Drive - Rehabilitation $223,289.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Ford Drive - Rehabilitation $22,276.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Garry Lynne Drive - Rehabilitation $203,813.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Glade Road Reconstruction (Phase 4 - West City Limits to Bransford Road)$4,737,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Glade Road ROW (Phase 4 - West City Limits to Bransford Road)$300,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Hidden Acres Subdivision - Rehabilitation $280,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Highland Acres Subdivision - Rehabilitation $806,222.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Hunter Lane - Rehabilitation $130,427.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Jo Carol Lane- Rehabilitation $97,413.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Jo Will Street- Rehabilitation $186,453.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 John McCain (Monticello Pkwy to Pleasant Run Rd) - Rehabilitation $151,111.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 John McCain (Williamsburg Court. to Monticello Pkwy) - Rehabilitation $302,222.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Leta Lane - Rehabilitation $179,840.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Lloyd Circle - Rehabilitation $105,964.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Maranatha Court - Rehabilitation $4,191.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Oak Knoll Court - Rehabilitation $105,618.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Oak Knoll Drive - Rehabilitation $871,236.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Oak Timbers Court - Rehabilitation $148,836.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Old Glade Road - Rehabilitation $70,667.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Patterson Lane - Rehabilitation $203,218.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Pecan Park Estates Subdivision - Rehabilitation $724,444.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Plymouth Hills Addition - Rehabilitation $762,222.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Quail Creek Estates - Rehabilitation $600,311.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Exhibit "A" Project Year Title Total Project Cost CEDC (Parks, Trails Libraries)COG/TxDOT County FWHA/TxDOT General Fund Other, City Funds Perimeter Street Fees Roadway Impact Service Area 1 East of SH 26) Roadway Impact Service Area 2 West of SH 26)TIF Tomorrow Fund Utility Fund Wastewater Impact Fees Water Impact Fees Total Funding Renfro Rd - Rehabilitation $169,476.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Ross Downs Estates - Rehabilitation $4,000,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Saddlebrook Addition - Rehabilitation $667,333.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sand Oak Acres Addition - Rehabilitation $864,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Shelton - Rehabilitation $288,293.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Stafford Heights Subdivision - Rehabilitation $542,222.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Stone Creek Estates - Rehabilitation $63,556.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Suellen Circle - Rehabilitation $44,373.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Tara Plantation Addition - Rehabilitation $495,444.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Thompson Terrace - Rehabilitation $167,378.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Van Oaks Drive - Rehabilitation $126,720.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Waller Lane - Rehabilitation $81,600.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Wayne Drive - Rehabilitation $160,276.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Western Trails Subdivision - Rehabilitation $1,200,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Woodland Hills Subdivision - Rehabilitation $1,295,667.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Woodbriar, Quail Creek Estates - Rehabilitate $1,984,400.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sunrise Terrace/Brighton Oaks - Rehabilitate $1,730,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 12: Water Group F Capital Improvements - CONSTRUCT $2,417,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 12: Water Group F Capital Improvements - DESIGN $363,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 13: Water Group L Capital Improvements - CONSTRUCT $1,426,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 13: Water Group L Capital Improvements - DESIGN $214,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 14: Water Group I Capital Improvements - CONSTRCT $1,470,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 14: Water Group I Capital Improvements - DESIGN $220,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 15: Water Group G Capital Improvements $5,389,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 16: Water Group H Capital Improvements $2,264,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 17: Water Group J Capital Improvements $1,404,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 18: Water Group K Capital Improvements $8,158,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 19: Water Group M Capital Improvements $4,094,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 20: Water Group W Capital Improvements $1,477,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 21: Water Group X Capital Improvements $646,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 22: Water Group C Capital Improvements $1,225,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 23: Water Group Q Capital Improvements $1,827,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 24: Water Group N Capital Improvements $2,567,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 25: Water Group R Capital Improvements $1,211,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 26: Water Group S Capital Improvements $176,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Project 27: Water Group T Capital Improvements $4,570,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WW Project 10: Sewer Group P Improvements $710,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WW Project 11: Sewer Group Q Improvements $277,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WW Project 12: Sewer Group R Improvements $415,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WW Project 13: Sewer Group E Line Improvements $1,407,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WW Project 14: Sewer Group V Improvements $3,304,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WW Project 15: Sewer Group D Line Improvements $758,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WW Project 16: Sewer Group S Improvements $1,416,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WW Project 17: Sewer Group W Improvements $3,946,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WW Project 6: Sewer Group A Line Improvements $800,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WW Project 7: Sewer Group T Line Improvements $790,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WW Project 8: Sewer Group G Line Improvements $412,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WW Project 9: Sewer Group U Improvements $2,936,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 F750 Single Axle Dump-2007 (896)$84,761.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 116,096,059.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 191,832,669.00 $1,320,000.00 $16,648,251.00 $14,930,647.00 $10,053,551.00 $1,339,536.00 $611,634.00 $604,471.00 $49,784.00 $13,826,860.00 $394,700.00 $10,989,200.00 $134,000.00 $4,833,975.00 $75,736,610.00 Exhibit "A" Prepared by: Richard Schiller Tarrant County - Precinct Three Cheeks-Sparger Rd (2)10/5/2016 (City of Colleyville) Limits:Brown Trail to Bedford Rd (50 ft wide in front of school) Existing Condition: Project Size:Roadway Length (lf):1,542 lf 1542 lf Stabilization Width (ft) : 62 ft avg Stab Area :10,623 sy Binder Width (ft): 61 ft avg Binder Area:10,451 sy Surface Width (ft):60 ft avg Surface Area:10,280 sy Additional Areas (sy):0 sy Roadway Length 2 (lf):200 lf 200 lf Stabilization Width 2 (lf):52 ft avg Stab Area :1,156 sy Binder Width 2 (lf):51 ft avg Binder Area:1,133 sy Surface Width 2 (lf):50 ft avg Surface Area:1,111 sy Roadway Length 3 (lf):611 lf 611 lf Stabilization Width 3 (lf):52 ft Stab Area :3,530 sy Binder Width 3 (lf):51 ft Binder Area:3,462 sy Surface Width 3 (lf):50 ft Surface Area:3,394 sy Roadway Length 4 (lf):279 279 lf Stabilization Width 4 (lf):52 Stab Area :1,612 sy Binder Width 4 (lf):51 Binder Area:1,581 sy Surface Width 4 (lf):50 Surface Area:1,550 sy Roadway Length 5 (lf):821 821 lf Stabilization Width 5 (lf):42 Stab Area :3,831 sy Binder Width 5 (lf):41 Binder Area:3,740 sy Surface Width 5 (lf):40 Surface Area:3,649 sy Total Rdway Length (lf):3453 lf Temporary Widening (821 lf @ 8 ft) Roadway Length (lf):821 821 lf Stabilization Width (lf):8 Stab Area :730 sy Flex Base Width (lf):8 Flex Base Area:730 sy Binder Width (lf):8 Binder Area:730 sy Estimate: Roadway Materials: Sq Yds Rate/SY Cost Estimate Final $ Estimate $ Final Spoils 7" + (33% Swell)21,482 0.26 cy/sy 5585 cy -$ FlexBase (Drwy Ramps)13.35$ $/tn 40 tn tn 534.00$ Cement Slurry (8")20,752 36 lb/sy 165.00$ $/tn 373.53 tn tn 61,632.78$ Cement Slurry (8")-Temp Widen 730 36 lb/sy 165.00$ $/tn 13.14 tn tn 2,167.44$ FlexBase (4") - Temp Widen 730 420 lb/sy 13.35$ $/tn 153.25 tn tn 2,045.93$ Tack Coat (Binder)20,368 0.10 gal/sy 1.66$ $/gal 2037 gal gal 3,381.11$ Tack Coat (Binder)_Temp Widen 730 0.10 gal/sy 1.66$ $/gal 73 gal gal 121.14$ HMAC Binder (6")20,368 0.33 tn/sy 52.05$ $/tn 6721 tn tn 349,852.86$ HMAC Binder (2")-Temp Widen 730 0.11 tn/sy 52.05$ $/tn 80 tn tn 4,178.34$ Tack Coat (Surface)19,984 0.10 gal/sy 1.66$ $/gal 1998 gal gal 3,317.42$ HMAC (2")19,984 0.11 tn/sy 58.05$ $/tn 2198 tn tn 127,610.67$ HMAC (Inter & Drwy)58.05$ $/tn 75 tn tn 4,353.75$ Backfill Edges 6,906 0.015 cy/lf 104 cy n/c Subtotal 559,195.44$ Misc Cost Mill & Remove Spoils City Traffic Control City Replace Concrete Driveways City Traffic Control (County) Actual Cost 1,500.00$ Fuel Cost Estimate 50% Actual 8,450$ 51.00$ Tabs 0.50$ 1,381$ ea 690.60$ Striping 0.05$ 13,443$ lf 672.15$ Materials + Misc Cost 562,109.19$ 10% Contingency 56,210.92$ Total:$618,320.11 Construction Time Estimate: 37 Working Days Comments:City will responsible for all overnight and stationary traffic control required for construction. Estimated Cost to Mill out Spoils $78,219 County will provide daytime traffic control as needed. City will adjust all utilities and manholes/valves for this project. City will provide a nearby disposal area for spoils . City will provide a hydrant meter and all water for this project. City will provide material for backfilling edges. City will provide any needed curb & gutter repairs. Estimated stabilization rate of 36# (approx 5%), 8 inches deep based on past projects. Curb & Gutter Section on Northside and Ditch Section on Southside. There is a short section on the west end of the project that has curb & gutter on both sides. Moderate transerve and longitudinal cracking. Some areas of cracking indicating pending base failures with few spalled areas. Several areas have base and patch repairs. Overall moderate condition but potential to deteriorate quickly. A few areas are in need of curb & gutter repair Scope Of Work:The City will remove the existing roadbase, Tarrant County will recycle and stabilize the existing roadbed, regrade, shape and prime the roadbed, place 6 inch asphalt binder and 2 in asphalt surface. Prepared by: Richard Schiller Tarrant County - Precinct Three Bedford Road 10/5/2016 (City of Colleyville) Limits:Little Bear Bridge to Cheek Sparger Existing Condition: Project Size:South of Bridge Roadway Length = 1,956 lf Width = 27 ft Wedge Mill Area (1,956 lf * 6 ft *2)/9 = 2,608 sy Pavement Area (TY D HMAC): (27 ft x 1,956 lf)/9 = 5,868 sy Estimate: Roadway Materials: Square Yard Rate/SY Cost Estimate Final $ Estimate $ Final HMAC Binder (Est Repairs) 6"100 0.33 tn/sy 51.69$ $/tn 33.0 tn tn 1,705.77$ Tack (Surface)5,868 0.10 gal/sy 1.66$ $/gal 586.8 gal gal 974.09$ HMAC Surface (2") 5,868 0.11 tn/sy 57.69$ $/tn 645.5 tn tn 37,237.74$ Subtotal 39,917.60$ Misc Cost Wedge Mill City Tabs 0.50$ 196 ea 97.80$ ID Locators 3.95$ 5 ea 19.75$ Fuel (50%)850 425.00$ Striping 0.03$ 3,912 lf 117.36$ Materials + Misc Cost 40,577.51$ 10% Contingency 4,057.75$ Total:44,635.26$ Construction Time Estimate: 5 Working Days Comments:City of Colleyville to provide all water and a hydrant meter for this project City of Colleyville to adjust all utilities and manholes/valves for this project City of Colleyville responsible for all traffic control required to construct project. City of Colleyville to provide wedge mill and haul off of HMAC surface from bridge to Cheek Sparager Estimate 100 sy of full depth repairs needed PRIOR to milling In curb & gutter section (south of bridge) : pavement has just a couple of patches, no signs of any pending base failures, solid and sound base, asphalt is showing some oxidation but overall in fairly good condition. In curb & gutter section (south of bridge): City will wedge mill existing HMAC surface and Tarrant County will place 2 inch HMAC surface. Scope Of Work: RESOLUTION R-16-3950 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 5, 2016 WHEREAS, City 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 City Council action under Consent Items as.follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of December 15, 2015 b. Approval of an amendment to the comprehensive five-year Capital Improvement Program for Fiscal Years 2016-2020 c: Approval to ratify the nomination of Mayor David Kelly to serve on the North Central Texas Council of Governments NCTCOG) Emergency Preparedness Planning Council (EPPC) AND IT IS SO RESOLVED. APPROVED BY A VOTE OF (6 AYES, O NAYS, AND 0 ABSTENTIONS ON THIS THE 5TH DAY OF JANUARY 2016. ATTEST: CITY OF COLLEYVILLE 414 1.0 , , a• Any Fhelley, TMC David Kelly itity Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4c Agenda Date 10/18/2016 Number Resolution R-16-4044 Type Resolution Department Library Title Approval of the use of the Voluntary Library Fund in Fiscal Year 2017 (FY 2017), for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $155,000 Strategy Map Connection B1- Seek innovative technology solutions where appropriate C1- Provide attractive and unique spaces for enjoyment of personal interests and community interaction C2- Deliver high quality and unique customer service Explanation Reading and Public Hearing The Voluntary Park Fund was established in 1976 per attached Resolution R-76-126. In 1992, the Colleyville Friends of the Library and the Parks and Recreation Advisory Board made a joint recommendation to the City Council to increase the Voluntary Park Fund from $1.00 to $2.00 per month and to establish a Voluntary Library Fund with a donation level of $1.00 per month per attached Resolution R-92-779. In consideration of the opening of the Colleyville Public Library in November 2003, the Colleyville Public Library Board reviewed the established fee and use of the Voluntary Library Fund on July 24, 2003. Upon completion of this review, the Board proposed no change to the current donation level of $1.00 per month; however, the Board desired to clarify the uses of the Voluntary Library Fund. On September 10, 2003, the Colleyville Public Library Board reviewed and unanimously recommended approval to City Council of a draft resolution establishing the allowed uses of the Voluntary Library Fund. City Council approved attached Resolution R-03-2237 on October 7, 2003. On October 10, 2005, the Colleyville Public Library Board reviewed the status of the Voluntary Library Fund, which included expenditures (approved, expended, and projected), and revenues (actual and projected). Upon completion of this review, the Library Board unanimously approved the Board proceed with a study to evaluate the need for increasing the Voluntary Library Fund donation from $1.00 to $2.00 per month. In preparing the Fiscal Year 2007 (FY 2007) Colleyville Public Library budget, there were discussions with the Library Board, on April 10, 2006, and June 12, 2006, City Council Agenda Briefing 4c City of Colleyville Page 2 supporting the use of the Voluntary Library Fund for the purchase of collection materials, materials processing supplies, and programs. During the discussions, it was reflected the balance of the bond funding, designated for the Library’s opening day collection development, was projected to be expended during FY 2006. Additionally, it was discussed in the FY 2007 Library budget, the Voluntary Library Fund would be the primary source of funding for all library materials, (books, DVDs, CDs, digital, and other materials), library materials processing supplies, and programs. On June 12, 2006, the Library Board unanimously approved a recommendation to the City Council for consideration to increase the Voluntary Library Fund donation from $1.00 to $2.00 per month, to provide financial resources for continued growth and development of Library material collections and programs. In October 2006, City Council approved attached Resolution R-06-2768, which increased the monthly Voluntary Library Fund contribution amount from $1.00 to $2.00 per month. Since FY 2004, the Colleyville Public Library budget has included use of the Voluntary Library Fund for the purchase of collection materials, collection processing supplies, and library programs. The attached Voluntary Library Fund Report FY2004 – FY2017 provides an overview of Library Board recommended and City Council approved expenditures. For the past six years, the Colleyville Public Library Board has unanimously approved the use of the Voluntary Library Fund for the purchase of library collection materials, collection processing supplies, and library programs, in an amount not to exceed $145,000. The FY 2017 Colleyville budget included moving $33,000 for library books and programs from the General Fund to the Voluntary Library Fund. On August 29, 2016, the Colleyville Public Library Board reviewed the proposed changes in the FY 2007 Library budget and recommended increasing the expenditure amount from $145,000 to $155,000 in the Voluntary Library Fund. Whereupon, the Library Board unanimously approved the use of the Voluntary Library Fund for the purchase of library collection materials, collection processing supplies, and library programs, in an amount not to exceed $155,000. Financial Impact Funds are available in the Voluntary Library Fund, in the amount of $316,638, as of September 30, 2016, per the attached Financial Status of Voluntary Library Fund at September 30, 2016. Recommendation Approve Attachments 1.Financial Status of Voluntary Library Fund at 9-30-2016 2.Resolution R-76-126 3.Resolution R-92-779 City Council Agenda Briefing 4c City of Colleyville Page 3 4.Resolution R-03-2237 5.Resolution R-06-2768 6.Voluntary Library Fund Report FY 2004 - FY 2017 FINANCIAL STATUS OF VOLUNTARY LIBRARY FUND AT 9-30-2016 FUND BALANCE AT 9-30-2015:$404,761 FY 2016 REVENUE Donations:PROJECTED ACTUAL October $13,573 $13,573 November $12,505 $12,505 December $14,563 $14,563 January $12,670 $12,670 February $13,055 $13,055 March $13,092 $13,092 April $13,156 $13,156 May $13,430 $13,430 June $13,141 $13,141 July $12,932 $12,932 August $14,647 $14,647 September $13,108 $13,108 Total Donations $159,873 $159,873 Interest income Received $1,000 $978 TOTAL $160,873 $160,851 FY 2016 EXPENDITURES RECOMMENDED APPROVED EXPENDED (BOARD)(COUNCIL)YEAR-TO-DATE BOOKS AND PROCESSING MATERIALS FY 2015 BALANCE OF AUTHORIZATION $91,474 $91,474 $91,474 FY 2015 BALANCE OF AUTHORIZATION-LONG RANG $12,500 $12,500 $12,500 FY 2016 AUTHORIZATION (R-15-3906, 9/15/15)$145,000 $145,000 $48,943 TOTAL $248,974 $248,974 $152,917 AVAILABLE FUND BALANCE AT 9-30-2016 (COUNCIL APPROVED) $316,638 PROJECTED AVAILABLE FUND BALANCE AT 9-30-2016 (COUNCIL APPROVED)$316,660 10/6/2016 Fiscal Year (FY)Board Recommended Council Approved FY 2004 $36,436 $36,436 FY 2005 $46,750 $46,750 FY 2006 $102,370 $102,370 FY 2007 $220,825 $220,825 FY 2008 $126,000 $126,000 FY 2009 $130,000 $130,000 FY 2010 $135,000 $135,000 FY 2011 $145,000 $145,000 FY 2012 $145,000 $145,000 FY 2013 $145,000 $145,000 FY 2014 $145,000 $145,000 FY 2015 $145,000 $145,000 FY 2016 $145,000 $145,000 FY 2017 $155,000 Fiscal Year (FY)Board Recommended Council Approved FY 2003 - Library Building Construction $400,000 $400,000 FY 2011 - Library Second Floor Audio- Visual Equipment $50,000 $50,000 FY 2015 - Library Long- Range Plan 2016-2021 $25,000 $25,000 Public Library FY 2004 - FY 2017 Special Project Expenditures Voluntary Library Fund Report * Voluntary Library Fund Report *Use of the Voluntary Library Fund for the purchase of collection materials, collection processing supplies and library programs City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4d Agenda Date 10/18/2016 Number Resolution R-16-4044 Type Resolution Department Human Resources Title Approval of an Interlocal Agreement between the cities of Colleyville, Bedford, and Watauga for insurance broker services, and authorize the city manager to execute the agreement Strategy Map Connection B3- Utilize partnerships to implement cost-effective service solutions Explanation Reading and Public Hearing In order to ensure the City of Colleyville is receiving the best value for its dollar, staff is recommending to solicit proposals for health insurance brokerage and consultant services in FY 2017. Health insurance brokers assist the City in the solicitation, selection, implementation, communication, and oversight of the City’s group health benefits program. In Colleyville, this includes medical, dental, vision, basic and voluntary life and accidental death and dismemberment (AD&D), long term disability, flexible spending account (FSA) administration, pricing transparency services, and employee assistance program (EAP) for employees and their dependents. Some examples of activities related to brokerage services include: Facilitating the annual health insurance bid process and assisting with plan design. Analyzing existing coverage and identifying or developing cost-saving alternative benefit strategies and plans. Acting as liaison between the City and insurance providers. Providing day-to-day consultation on plan interpretation and problem resolution. Providing timely customer service and assistance to staff and employees with issues involving provider billing, claims, vendor service issues/problems, advocacy for services, disputes, interpretation of contracts and services, changes, and general troubleshooting. Assisting the City in proactive mitigation of negative impacts or disruption of services to employees from benefit and/or provider network changes. City of Colleyville Page 2 City Council Agenda Briefing 4d Providing research and analysis of fully funded vs. self-funded insurance options and related costs and benefits associated with each option. Background Prior to the adoption of the Patient Protection and Affordable Care Act (ACA) in March 2010, also known as the Health Care Reform Act, health insurance brokerage firms typically focused on bidding insurance and general oversight of the contracts for their clients throughout the year. Since 2010, these firms have taken on a more advisory (consultant) role for their clients because of the complexities of the new law and the numerous compliance requirements contained within the new law. In addition, since the enactment of this law, the entire health insurance environment has changed rapidly and continues to change each year. Health insurance consultants assist employers with strategies for remaining compliant with ever-changing laws and remaining current with the constantly changing market. Health insurance consulting activities include legal, compliance, and advisory services. Examples are: 1.Providing assistance with plan administration to ensure programs are in compliance with State and Federal legislation, 2.Providing impact analysis, plan options and strategic recommendations with regard to the ACA and other regulations and mandates, and 3.Conducting compliance audits of the City’s policies and procedures. Some specific activities related to consulting services include: Assisting in the development of long-range goals and strategies, including making projections of potential savings. Providing as needed, on-site training to staff regarding regulatory updates, and/or best practice seminars, for the effective administration of benefit plans. Providing access to attorneys and compliance departments as needed for benefit related questions Assisting in the development and oversight of the employee wellness program to improve employeehealth and reduce employee healthcare costs, both in the short-term and in the long-term. The City’s current insurance broker/consultant, Holmes Murphy and Associates (HMA), has been in place since October 2011. Staff has been pleased with the level of service provided by this firm; however, best practices are to seek competitive proposals for this type of professional service every few years to ensure the City is keeping costs low City of Colleyville Page 3 City Council Agenda Briefing 4d and to ensure the most qualified companies are selected to do the work. Staff met with HMA in March to inform them of the City’s intent to seek proposals for this service in the fall - after the new plan year beginning October 1. Commission and Flat Fee Payment The City of Colleyville has historically paid health insurance brokers using a commission-based payment structure. In this type of payment structure, the broker is paid directly by the insurance company. The brokers’ commission is calculated as a percentage of the total premium. Based upon the City’s FY 2017 estimated premiums, and the current commission-based payment structure, HMA will be compensated approximately $82,560 in FY 2017. Line of Coverage FY17 Bid Amount FY17 Commission Percent FY17 Estimated Commissions Medical $2,135,606 3%$64,068 Dental $ 114,644 3%$ 3,439 Vision $ 11,487 10%$ 1,149 Life & ADD *$ 40,831 15%*$ 9,486 Disability *$ 29,453 15%*$ 4,418 FSA $ 3,519 0%$- Compass $ 10,320 0%$- ESTIMATED TOTAL COMMISSIONS $82,560 *Based on last year’s numbers. Staff is recommending to move to a flat fee payment arrangement instead of a commission-based payment arrangement. Some benefits of moving to a flat fee payment structure are: Improved transparency in fees: Broker compensation (the amount the broker is paid) will be detailed in a budget line item instead of rolled into health insurance premiums. Locked in pricing: Broker compensation will be set by a contract with the City instead of varying each year based upon premium renewals. Health insurance premiums for certain lines of coverage are currently shared between the City and employees. The City pays a portion of medical and dental premiums and pays the entire premium for employee basic life insurance and disability premiums. Some lines of coverage, such as vision, voluntary life and portions of medical and dental premiums are paid by employees. Therefore, with the current commission-based payment structure, the broker fees are being shared by both the City and employees within the premiums. In moving to a flat rate payment structure, the City will be budgeting the fixed amount as a line item in the budget and would pay 100% of the broker fees beginning in FY 2018. However, based upon what other cities City of Colleyville Page 4 City Council Agenda Briefing 4d in the area are paying for broker services, staff believes there is an opportunity to save the City money with a fixed rate structure. Interlocal Agreement During health insurance renewal discussions with the City Council in July 2016, the Council directed City staff to explore opportunities to partner with other cities relative to health insurance with a focus on cost-sharing or reducing costs overall. In keeping with the direction provided by the City Council in July, staff reached out to some surrounding cities to begin exploring various options to combine resources to save money on health insurance related costs. During those discussions, both the City of Bedford and the City of Watauga indicated their intent to solicit proposals for broker/consultant services after the beginning of their plan year on October 1. Since Colleyville had also planned to solicit proposals for broker services, staff discussed combining resources together to take advantage of economies of scale in order to gain more competitive pricing. To solicit proposals as a group requires an interlocal agreement between the cities of Colleyville, Bedford and Watauga. The interlocal agreement is a collaborative contract between public bodies focused on providing more efficient, less costly public services. In the State of Texas, an interlocal agreement establishes a cooperative purchasing program, allowing for multiple cities to purchase goods and services under a competitively bid contract pursuant to the Texas Local Government Code, Subchapter F, Chapter 271. The legal firm of Boyle and Lowry, the city attorney for both Colleyville and Bedford, drafted the proposed interlocal agreement for consideration. The city of Bedford has placed this item on their October 14, 2016 City Council agenda with staff recommending approval. The city of Watauga will be placing this item on the October 24, 2016 City Council agenda with staff recommending approval. If the interlocal agreement is executed by the three cities, staff will draft the request for proposals (RFP) seeking a health insurance broker/consultant that is well versed in the benefits market, experienced in advising comparable public agencies, and works well with various levels of staff and management. Upon completion of the RFP, the parties may elect to proceed to issue a joint RFP. The Interlocal Agreement stipulates that the parties are not obligated to issue a joint RFP. If the joint RFP is issued, the representatives of the parties will work together to make a final recommendation to their city managers. The recommendation shall be approved by all city managers. If the parties agree to jointly hire an insurance broker, the recommendation will be taken to their respective City Councils for final approval before insurance renewals begin in the spring of 2017. No Council shall be considered to be obligated to hire the recommended insurance broker. In addition, these cities are interested in exploring further opportunities to collaborate on health insurance in the future, specifically, exploring the option to cooperatively City of Colleyville Page 5 City Council Agenda Briefing 4d purchase insurance products for the FY 2018 renewal. This interlocal agreement lays the foundation for this collaboration to occur. This will be discussed during broker interviews and it is the desire of the cities that the selected broker will assist in this effort. Staff recommends approval of an interlocal agreement with the cities of Bedford and Watauga for cooperative purchasing of health insurance consultant and brokerage services, and authorizing the city manager to execute the agreement. Financial Impact Staff anticipates a cost savings that will result from collective purchasing power, economies of scale, and a flat fee structure. Recommendation Approve Attachments 1.Interlocal Agreement for Insurance Broker Services STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT BETWEEN THE CITY OF BEDFORD, THE CITY OF WATAUGA AND THE CITY OF COLLEYVILLE FOR INSURANCE BROKER SERVICES This Agreement is entered into the 24th day of October 2016, by and between the CITY OF BEDFORD (hereafter “Bedford”) and the CITY OF COLLEYVILLE (hereafter “Colleyville”) and the CITY OF WATAUGA (hereafter “Watauga”) each of which is a home rule municipal corporation located within Tarrant County, Texas. Colleyville and Bedford and Watauga will be jointly referred to as “Cities” or “Parties” or individually as “Party.” WHEREAS, Bedford, Colleyville and Watauga desire to work together on a Request for Proposal for an Insurance broker and consultant (hereafter “Insurance broker”) to assist Cities in obtaining insurance for their employees, spouses, dependents and other insureds; WHEREAS, Bedford, Colleyville and Watauga are seeking to lower their insurance costs; WHEREAS, Bedford, Colleyville, and Watauga execute this Interlocal Agreement pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended, and in accordance with purchasing statutes regulating the Parties and subject to availability of current revenues; WHEREAS, the Parties agree that any party paying for the performance of governmental functions or services under this Agreement shall make those payments from current revenues available to the paying party; WHEREAS, it is beneficial for the Parties to enter into this Agreement; WHEREAS, the Interlocal Cooperation Act authorizes governmental entities to enter into interlocal cooperation agreements for administrative and governmental functions and services; WHEREAS, the Bedford City Council, the Colleyville City Council and the Watauga City Council approved this Agreement at a City Council meeting that had been posted and met the requirements of the Texas Open Meetings Act; NOW, THEREFORE, in consideration of the premises and agreements, covenants and promises set forth herein, it is agreed as follows: I. DEFINITIONS Insurance broker shall mean a person who (1) solicits insurance on behalf of the Parties; (2) receives or transmits (other than on the person's own behalf) an application for insurance or an insurance policy to or from the Parties; (3) advertises or otherwise gives notice that the person will receive or transmit an application for insurance or an insurance policy on behalf of the Parties; (4) receives or transmits an insurance policy of the Parties; (5) examines or inspects a risk on behalf of the Parties; (6) receives, collects, or transmits an insurance premium on behalf of the Parties; (7) takes any other action in the making or consummation of an insurance contract for or with the Parties. Parties shall mean City of Bedford, City of Colleyville and City of Watauga. Person shall mean any legal entity, including but not limited to natural persons, corporations, and partnerships. RFP shall mean Request for Proposal. II. PURPOSE The purpose of this Agreement is to provide for the Parties to plan, and prepare a request for proposal for the joint use of the Parties in hiring an insurance broker, and to allow for the Parties, should they elect to do so, to jointly contract with and share information and work product from the insurance broker. The person selected by the Parties shall be considered to function on behalf of the Parties and not on behalf of any insurance company and shall not have an employment relationship with an insurance company. III. TERMS, RIGHTS, OBJECTIVES AND DUTIES OF THE PARTIES 1. The Parties agree that they wish to collaborate and preparation of a request for proposal for an insurance broker. In order to achieve that end, the Parties agree to each name a representative or representatives to work together in the preparation of the RFP. The initial designation shall be the Director of Human Resources for each Party, but that designation may be changed at any time by the City Manager. More than one representative may be named. The representative(s) may bring additional persons with them to any meetings between the representatives and may assign work to any additional people. 2. The final work product shall belong to all parties. 3. Upon completion of the RFP, the parties may elect, at the decision of the City Manager, to proceed to issue a joint RFP. The parties are not obligated to issue a joint RFP. 4. Upon issuance of a joint RFP, the representatives of the Parties will work together to make a final recommendation. The recommendation shall be approved by all City Managers. If the Parties agree to jointly hire an insurance broker, the recommendation will be taken to their respective City Councils for final approval. No Council shall be considered to be obligated to hire the recommended insurance broker. 5. Upon approval of the respective City Councils of the Parties to hire an insurance broker, the Parties may elect, based upon the decision of the respective City Councils at the time of selection of an insurance broker, to consider the preparation of a future RFP for an insurance company to be jointly selected by the Parties. 6. If the Parties elect to join in a common risk pool for the purpose of jointly selecting an insurance company, each Party shall sign separate contracts with said insurance company. In no event will one Party be responsible for the payment of insurance coverage for the other Party’s employees, spouses, dependents or other insureds. 7. Each party may elect to cease joint preparation or cooperation as set out in Section XIV “Term and Termination” below. 8. The Parties agree to abide by all State and Federal laws governing the use and payment of an insurance broker by a municipality, including but not limited to Texas Local Government Code section 252.024, any privacy laws or protection of medical records, any required retention regulations and all other applicable State, Federal or local laws. 9. The Insurance broker will have all required education, accreditations, and licenses. IV. NO ORAL AGREEMENT; AGREEMENT TO GOVERN OVER EXHIBIT & ENTIRE AGREEMENT This Agreement contains all the terms, commitments and covenants of the Parties pursuant to this Agreement. Any oral or written commitment not contained in this Agreement or expressly referred to in this Agreement and incorporated by reference shall have no force or effect. In the case of any conflict between this Agreement and any Exhibits, this Agreement shall govern. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. V. CAPTIONS The captions to the various clauses of this Agreement are for informational purposes only and in no way alter the substance of the terms and conditions of this Agreement. VI. ASSIGNMENT This Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other party. VII. NOTICE Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Bedford, to: City Manager C i ty of Bedford 200 Forest Ridge Drive Bedford, Texas 76021 If to Colleyville, to: City Manager City of Colleyville 100 Main Street Colleyville, Texas 76034 If to Watauga City Manager City of Watauga 7105 Whitley Road Watauga, Texas 76148 VIII. AGREEMENT INTERPRETATION AND VENUE The Parties covenant and agree that in any litigation relating to this Agreement, the terms and conditions of the Agreement will be interpreted according to the laws of the State of Texas. Venue shall be exclusively in Tarrant County, Texas. The Parties further agree that the parties will attempt to resolve disputes in the following manner: (i) first the designated representatives of the parties will meet; (ii) if no resolution is achieved by the designated representatives, the dispute will be heard by the City Managers or designee jointly; (iii) if no resolution is achieved after the dispute is heard by the City Managers or designee(s), then the dispute will be heard by a mediator; (iv) if no resolution is achieved after meeting with a mediator, then the dispute will be resolved in the appropriate Court. Provided, however, that if needed, due to the statute of limitations or some other requirement, a Party may proceed directly to Court, if this process would unduly delay. The parties shall agree on the mediator to be used and each party agrees to share the cost for the mediator’s services. Each party is responsible for their expenses related to their own representation. IX. CONSIDERATION This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. X. COUNTERPARTS This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. XI. AUTHORITY TO EXECUTE The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. XII. SAVINGS/SEVERABILITY In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. XIII. REPRESENTATIONS Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. XIV. TERM & TERMINATION The Term of the Agreement shall be for One (1) year from the execution date of this Agreement. The parties may agree to annual renewals of this Agreement. Either Party to this Agreement may withdraw at any time after the completed request for proposal but only after providing the other party not less than ninety (90) days’ notice in writing of withdrawal. This Agreement may be terminated at any time by mutual consent of the Parties. Upon termination of this Agreement, Each City shall retain ownership in the completed request for proposal. XV. GOVERNMENTAL ENTITIES The Parties hereby acknowledge and agree that they are each governmental entities, subject to annual budgetary processes and restrictions on spending in conformity with those processes, approved budgets, and applicable law. They further agree that, notwithstanding any other language in this Agreement, if for any reason funds are not expressly and specifically allocated to cover each Party’s prospective obligation in this Agreement in each Party’s formally and finally approved budget in any fiscal year subsequent to that in which each Party’s funds for this Agreement were first allocated, any such Party may immediately and without penalty terminate this Agreement; provided, however, that in no event shall such a termination be effective earlier than the last date for which the terminating Party’s funds have already been so allocated under an existing formally and finally approved budget. Should this Agreement terminate under the provisions of this Section, the terminating Party will provide the other Party with written notice as soon as is reasonably possible of the pending termination under this provision, the effective date of which shall be at the end of the terminating Party's fiscal year in which funds had previously been allocated. Notwithstanding the foregoing, the Parties hereto warrant and represent that any expenditures of funds for services to be provided hereunder will be made from current revenues available to the Party making the expenditures. XVI. EACH PARTY RESPONSIBLE FOR ITS OWN INSURANCE If the Parties continue to collaborate in the contracting for employee health insurance, nothing in this Agreement shall be construed to make either Party responsible for the other Party’s insurance costs. XVII. SOVEREIGN IMMUNITY The parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. XIII. MISCELLANEOUS DRAFTING PROVISIONS This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. EXECUTED hereto on the day and year shown above. City of Bedford, Texas C i ty of Colleyville, Texas By: ____________________________ By: ___________________________ Roger Gibson, City Manager Jennifer Fadden, City Manager A t t e s t : A t t e s t : _________________________________ ___________________________ Michael Wells, City Secretary Amy Shelley City Secretary A P P R O V E D A S T O F O R M : A P P R O V E D A S T O F O R M : _________________________________ ______________________________ L. Stanton Lowry, City Attorney. Matthew Boyle, City Attorney City of Watauga, Texas ____________________________ Hector F. Garcia, Mayor Attest: ____________________________ Zolaina Parker, City Secretary APPROVED AS TO FORM: ___________________________ Mark G. Daniel, City Attorney City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 10/18/2016 Number Ordinance O-16-1993 Type Ordinance Department Community Development Title Consideration of a Special Use Permit for an accessory building larger than permitted on Lot 3, Block 1, Hidden Acres Addition, located at 1212 Holly Lane, Case ZC16-012 Strategy Map Connection There is no strategy map connection for this item. Explanation Second Reading and Public Hearing There were no speakers regarding this request at the October 3, 2016 City Council meeting. At this meeting the applicant requested to table the item to a future date in order to continue negotiations with the neighboring property owner to the east. The City Council requested a staff briefing on the case. Following the briefing, the City Attorney informed the Council that no action was required regarding the request to table at the first public hearing. No action was taken. First Reading and Public Hearing Ed and Joan Palluth, the applicants, have submitted a request for a Special Use Permit (SUP) to construct a 1,120 square foot accessory building (garage/storage building) at 1212 Holly Lane. The SUP is being requested because the total square footage for all accessory buildings on the subject property will exceed the maximum square footage allowed. Existing Conditions/Background: The subject property is zoned RE - Single Family “Estate” Residential district and generally located on the south side of Holly Lane and north of John McCain Road. The subject property is a platted lot of the Hidden Acres Addition and currently developed with one single family home and one 1,466 square foot accessory building. Proposed Special Use Permit Request: Request – The applicant is requesting approval of a Special Use Permit to allow for the construction of a second accessory building. The proposed building will cause the cumulative total square footage for all accessory buildings to exceed the amount permitted. Ordinance – Section 3.27 Accessory Buildings and Residential Carport Regulations of City of Colleyville Page 2 City Council Agenda Briefing 5a the Land Development Code establishes the maximum size and number of accessory buildings permitted on a residential lot: “2. Maximum Size and Number of Buildings: 1.The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed the maximum square footage specified in the following table. 1.For the purpose of this Section, the size of an accessory building shall be the square footage of the building footprint. 2.An application to exceed the total square footage shown in the above table may be approved as a Special Use Permit (SUP).” Analysis – The proposed accessory structure does not comply with the following provisions of the Land Development Code: 1. Section 3.27(A)2 – Maximum Size and Number of Buildings: For lots ranging from one acre to 2.99 acres in size, the maximum size allowed for all accessory buildings on the site is 1,750 square feet. The subject property is 2.35 acres and currently contains one 1,466 square foot accessory building. The proposal up for consideration requests to construct a second accessory building, 1,120 square feet in size. The total for both accessory buildings will be 2,586 square feet. This total exceeds the maximum 1,750 square footage allowed by 836 square feet. The applicant plans to construct the accessory building on the rear portion of the property, approximately 148 feet from the front property line, 146 feet from the rear property line, and 38 feet from the eastern side property line. The accessory building will be located entirely behind the primary residence and access will be provided via a new extension to the existing gravel driveway. The proposed height is 12 feet to the highest roof ridge. The proposed accessory structure complies with the RE district’s required 25 foot and 40 foot side and rear yard setbacks, respectively. The proposed accessory building complies with all other requirements of Section 3.27. The site plan, floor plan, and elevations have been included as attachments. Surrounding Development: The properties to the north, east, and west are zoned RE-Single Family “Estate” Residential and developed with single family homes. The City of Colleyville Page 3 City Council Agenda Briefing 5a adjacent properties to the south are zoned R-20 Single Family Residential, AG- Agricultural, and R-40 Single Family Residential. The properties are developed with single family homes and institutional uses (St. Mary's Coptic Orthodox Church). Public Notification: Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. At the September 12, 2016 Planning and Zoning Commission meeting one citizen registered their support and wished to speak. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of this request at the September 12, 2016 meeting by a vote of 6-0. Staff Recommendation: The applicant proposes to construct a detached accessory building which will exceed the total combined square footage allowed by the Land Development Code. Given the size of the subject property (2.35 acres), proposed location, limited height, and distance from adjacent property lines, the accessory building should not adversely impact the surrounding properties. Staff recommends approval of the Special Use Permit. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Zoning Map 2.Aerial Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Site Plan 6.Building Elevations 7.Speaker Card- Support 8.Notification Map 9.Notification List 10.Ordinance O-16-1993 H O L L Y H I XRE AG R-40 R-20 R-20 R-40 AG R-20R-20 RE AG 1312 1110 7151 1212 7315 1208 7300 1216 1104 1220 7309 73047312 7212 7200 7150 7113 7309 7317 7201 7205 7301 1300 7305 1304 7308 7198 7198 120611121204 7198 1116 7109 7323 ZC16-012 1212 HOLLY LANELegend Subject Prop erty AG Agricultural R-20 Sing le Family Re sidential (2 0,000 sq. ft. min) R-40 Sing le Family Re sidential (4 0,000 sq. ft. min) RE Single Family 'Estate ' Residen tial I 1 inch = 16 7 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP H O L L Y H I X 1312 1110 7151 1212 7315 1208 7300 1216 1104 1220 7309 73047312 7212 7200 7150 7113 7309 7317 7201 7205 7301 1300 7305 1304 7308 7198 7198 1206111212041116 7323 7198 7109 ZC16-012 1212 HOLLY LANE Legend Subject Prop erty I 1 inch = 16 7 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP H O L L Y H I X 1312 1110 7151 1212 7315 1208 7300 1216 1104 1220 7309 73047312 7212 7200 7150 7113 7309 7317 7201 7205 7301 1300 7305 1304 7308 7198 7198 1206111212041116 7323 7198 7109 ZC16-012 1212 HOLLY LANE Legend Subject Prop erty RESIDENTIALCOMMERCIAL INSTITUTIONAL PARKS/ O PEN SPACECOLLEYVILLE BLVD CO RRIDO RI1 inch = 16 7 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. FUTURE LAND USE MAP HOLLY C E D A R JOHN MCCAIN H I X BELLEFONTE 1312 1110 73047312 7151 1212 7315 1208 7300 73087327 1104 7331 1216 7323 1220 7309 1300 1304 7309 7317 7212 72007150 7113 7312 7205 7201 7109 7301 7305 7308 7113 7300 7304 1112 7208 7200 7204 7112 1116 1204 1206 7201 1008 7113 7012 7205 7109 7198 7209 7013 7301 1311711713091307 7198 13051303 7305 7020 70217018 7309 6700 7313 7198 7405 70177016 7401 710971087109 6904 ZC16-012 1212 HOLLY LANE Subject Property 200 ft Buffer Properties within 200ftI1 inch = 25 0 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP Owner Name Owner Address Owner City Owner Zip Situs Address KAUFFMAN, KURT H 1208 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7198 EVANS RD KAUFFMAN, KURT H 1208 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7198 EVANS RD WASHINGTON, DAVID 7300 HIX CT COLLEYVILLE, TX 76034 7300 HIX CT KAUFFMAN, KURT H 1208 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7198 EVANS RD ST MARY'S COPTIC ORTHODOX CH 1110 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1110 JOHN MCCAIN RD KAUFFMAN, KURT H 1208 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7150 EVANS RD UNIQUE LANDSCAPING DESIGN &7111 COLLYVILLE BLVD # TX COLLEYVILLE, TX 76034 7151 EVANS RD EKSTAM, CHRISTOPHER L 7315 HIX CT COLLEYVILLE, TX 76034 7315 HIX CT PERONE, JOHN A 1216 HOLLY LN COLLEYVILLE, TX 76034 1220 HOLLY LN N NEWTON, RICHARD W 1208 HOLLY LN COLLEYVILLE, TX 76034 1208 HOLLY LN N KIRKHUFF, JEFFREY K 1212 HOLLY LN COLLEYVILLE, TX 76034 1212 HOLLY LN N PERONE, JOHN A 1216 HOLLY LN COLLEYVILLE, TX 76034 1216 HOLLY LN N GENCO, FRANK R 1104 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1104 JOHN MCCAIN RD CALDWELL'S CREEK HOA P.O. BOX 682 COLLEYVILLE, TX 76034 COURTESY NOTICE SHALIMAR HOA 6916 SHALINAR COURT COLLEYVILLE. TX 76034 COURTESY NOTICE WARWIC PARC HOA 4113 GATEWAY DR, STE 100 COLLEYVILLE. TX 76035 COURTESY NOTICE EDWARD PALLUTH 1212 HOLLY LN COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, July 22, 2016 by Araceli Botello ORDINANCE O-16-1993 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING OF LOT 3, BLOCK 1, OF THE HIDDEN ACRES ADDITION, LOCATED AT 1212 HOLLY LANE, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City of Colleyville has received an application for a Special Use Permit for and accessory building under Case No. ZC16- 012; 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 to, 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 Ordinance O-16-1993 Page 2 of 4 by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.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 an Accessory Building on Lot 3, Block 1, of the Hidden Acres Addition, located at 1212 Holly Lane, as depicted on the attached as Exhibit “A”. 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 the above described tract of land shall be subject to the following conditions: 1. GENERAL a.The Special Use Permit shall apply to the construction of an accessory building. b.The accessory building shall not exceed 1,120 square feet in size. c.The accessory building may not be used as an accessory dwelling unit. d.The accessory building shall be generally consistent with the Exhibit “C”. Ordinance O-16-1993 Page 3 of 4 e.All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5.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. 6.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. 7.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. 8.THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of October 2016. The second reading and public hearing being conducted on the 18th day of October 2016. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE _____ DAY OF _________________ 2016. Mayor Richard Newton Mayor Pro Tem Chris Putnam _____ Place 1, Tammy Nakamura Place 5, Nancy Coplen _____ Place 2, Bobby Lindamood Place 6, Mike Taylor _____ Place 4, Jody Short Ordinance O-16-1993 Page 4 of 4 ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” - Location and Zoning Map MLPUDR CC2 Exhibit “B” – Site Plan Exhibit “C” – Elevations INFORMATION RECEIVED AFTER PACKETS COM PLETED : Ordinance 0-16-1993 Item 5a - ZC16-012 Amy Shelley Subject: FW: Special Use Permit From: Joan Palluth _ Sent: Sunday, October 16, 2016 3:08 PM To: Shane Pace <space(acollevville.com> Subject: Re: Special Use Permit Shane We would like to withdraw our request for a special use permit to build the garage/storage building. We truly appreciate all your time and assistance with this and wish it could have turned out differently. Thanks again, Joan and Ed Palluth i City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5b Agenda Date 10/18/2016 Number Ordinance O-16-1994 Type Ordinance Department Community Development Title Consideration of a zoning change from the AG-Agricultural district to the R-40 Single Family Residential district on Lot 2, Block 1, Morris Addition, located at 7201 Pleasant Run Road, Case ZC16-014 Strategy Map Connection There is no strategy map connection for this item. Explanation Second Reading and Public Hearing There was one person who spoke in support of this request at the October 3, 2016 City Council meeting, speaker card is attached. First Reading and Public Hearing Waguih Guirguis, the applicant, has submitted a request to rezone approximately 6.48 acres, located at 7201 Pleasant Run Road, from the AG- Agricultural district to the R- 40 Single Family Residential district. The applicant is seeking a zoning change in order to subdivide the subject property into three lots for future residential development. Existing Conditions/Background: The subject property is currently a platted lot of the Morris Addition. A subsequent replat will be required if the applicant wishes to subdivide the property, should the rezoning request be approved. Proposed Zoning Change: Request – The applicant is requesting a zoning change from the AG- Agricultural district to the R-40 Single Family Residential district to subdivide a single lot into three individual lots. The applicant has indicated the intent to preserve the existing home and construct two new single family homes. Ordinance – Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the R-40 zoning regulations require the following standards: Minimum Lot Area: 40,000 square feet Minimum Lot Width: 150 feet Minimum Lot Depth: 150 feet Minimum Front Yard Setback: 40 feet City of Colleyville Page 2 City Council Agenda Briefing 5b Minimum Side Yard Setbacks: 15 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 20 percent The applicant has provided a zoning exhibit which is conceptual in nature and not up for consideration as part of the zoning request. However, the conceptual exhibit proposes three lots of 1.805 acres, 1.800 acres, and 2.875 acres in size respectively. This conceptual plan appears to meet the R-40 zoning district’s minimum lot area of 40,000 square feet and other standards as listed above. Chapter 3 (Land Use) of the Land Development Code identifies the purpose and intent of the R-40 zoning district as primarily oriented toward low-density residential purposes and open space uses. Additionally, it states the principal uses shall be moderately low-density detached single family homes. Analysis – Although the zoning designations for the majority of the adjacent properties are AG-Agricultural, the proposed conceptual zoning exhibit maintains large estate lots which are generally consistent with the development pattern in the area. Surrounding Development: The properties to the north, south, and east are zoned AG-Agricultural District and developed with single family homes. The properties to the west are zoned both AG-Agricultural district and R-40 Single Family Residential district and developed with single family homes. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for single family residential uses. The proposed rezoning request does not seek to change the use on the subject property from single family residential uses. The comprehensive plan’s Residential Density Policy states that the maximum density of each residential project shall be 1.8 dwelling units per acre. The proposed density is 0.46 dwelling units per acre. The requested zoning change is consistent with the comprehensive plan. Fees: Park Land Dedication fees are required for each of the undeveloped lots in the amount of $1,802 per residential lot. Park Land Dedication fees are due prior to filing the plat for record. Impact Fees are also required per Chapter 13 (Impact Fees) of the Land Development Code and are due prior to the issuance of a Building Permit. Tree Preservation: Any future subdivision of the subject property must comply with Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated for removal, no site grading, dirt disturbance, or new construction may occur on the property until a Tree Removal Permit has been issued that is associated with an approved Tree Preservation Plan. In addition to the requirements for submittal of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the minimum existing protected tree canopy coverage as required in Chapter 5. City of Colleyville Page 3 City Council Agenda Briefing 5b Public Notification: Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. At the September 12, 2016 Planning and Zoning Commission meeting two citizens registered their support, but did not wish to speak. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of this request at the September 12, 2016 meeting by a vote of 6-0. Staff Recommendation: The proposed zoning change is consistent with the City’s comprehensive plan. Although the requested R-40 is not the same as the surrounding AG-Agricultural district designations, the R-40 is generally consistent with the surrounding properties and development pattern. Staff recommends approval of the proposed rezoning request. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Zoning Map 2.Aerial Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Existing Plat 6.Conceptual Zoning Exhibit 7.Speaker Cards- Support 8.Notification Map 9.Notification List 10.Ordinance O-16-1994 JOHN MCCAIN P L E A S A N T R U N W A L D O N AG AG R-40 PUD-R AG AG PUD-R 800 7201 74097304 7101 7401 7200 512508 7302 600 7112 7100 7210 7400 7404 6916 8137000801 73007300 7114 901 7110 505 7200 7204 7208 506 7212 ZC16-014 7201 PLEASANT RUN RD Legend Subject Prop erty AG Agricultural PUD-R Plann ed Unit Development, Residential R-40 Sing le Family Re sidential (4 0,000 sq. ft. min) I 1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP JOHN MCCAIN P L E A S A N T R U N W A L D O N 800 7201 74097304 7101 7401 7200 512508 7302 600 7112 7100 7210 7400 7404 6916 8137000801 73007300 7114 901 7110 505 7200 7204 7208 506 7212 ZC16-014 7201 PLEASANT RUN RD Legend Subject Prop erty I 1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP JOHN MCCAIN P L E A S A N T R U N W A L D O N 800 7201 74097304 7101 7401 7200 512508 7302 600 7112 7100 7210 7400 7404 6916 8137000801 73007300 7114 901 7110 505 7200 7204 7208 506 7212 ZC16-014 7201 PLEASANT RUN RD Legend Subject Prop erty RESIDENTIAL COMMERCIAL INSTITUTIONAL PARKS/ O PEN SPACE COLLEYVILLE BLVD CO RRIDO RI1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. FUTURE LAND USE MAP A.N.A. Consultants, L.L.C. 5000 Thompson Terrace Colleyville, TX 76034 817.335.9900 TBPE Firm No. F-20 Statement of Planning Objectives of Morris Addition for 7201 Pleasant Run Lot 2, Block 1 Morris Addition Rezoning Request from AG and R-40 Statement of Planning Objectives of Morris Addition for 7201 Pleasant Run Road Lot 2, Block 1 Morris Addition Rezoning Request from AG and R-40 Colleyville, Texas 76034 INTRODUCTION Mr. Stephen Morris being the property owner and Mr. Waguih Guirguis applicant (Prospective Buyer), hereby requests the property described herein to be rezoned from AG and R-40. The 6.48-acre tract will be re-platted into three (3) lot single-family residential lots with a minimum area of 1 acre each. The Statement of Planning Objectives to the City of Colleyville will document and provide information in three areas: 1. Review of the existing site with its current ownership, and use, and review of surrounding conditions such as, adjacent zoning, land uses, etc; 2. Description of the proposed re-plat concept for the requested R-40; PROJECT LOCATION AND DESCRIPTION 7201 Pleasant Run Road is an existing platted lot (Lot 2, Block 1) that is located in the Morris Addition, which is situated on the east side of Pleasant Run Road, approximately one tenth of mile of John McCain Road in the City of Colleyville, Tarrant County, Texas. The property is bordered to the south by one (1) single family residential lots at the corner of Pleasant Run Road and John McCain Road, which is zoned AG. The property is bordered to the north and east by one (1) lot, which is zoned AG. The properties to the west on the west side of Pleasant Run Road are zoned R-40 and AG. OWNERSHIP The property is currently owned by: Mr. Stephen Morris who resides at 7201 Pleasant Run Road. PROPOSED SITE ZONING AND LAND USE The proposed zoning classification for the 6.48 acres is “R-40”. The proposed land use for 7201 Pleasant Run Road Lot 2, Block 1 of Morris Addition is for single-family, detached residential units with a maximum density of 0.46 units per acre or approximately 3 residential lots. DEVELOPMENT CONCEPT The development concept of 7201 Pleasant Run Road Lot 2, Block 1 of Morris Addition is to subdivide this property into large lots that will preserve the integrity of the existing surrounding land use and property zoning with R-40 type lots in the immediate area. DEVELOPMENT STANDARD The development standards set forth for 7201 Pleasant Run Road Lot 2, Block 1 of Morris Addition will meet zoning district standards for R-40 per the City of Colleyville, Texas Land Development Code. DRAINAGE 7201 Pleasant Run Road Lot 2, Block 1 of Morris Addition naturally drains from west to east and from south to north. The property is not impacted by any FEMA floodplain or floodway designation and will not require a flood study or submittal of any applications to FEMA. The existing pond will be retained and will be maintained on the southern lot. WATER DISTRIBUTION SYSTEM There is an existing water line within the right-of-way of Pleasant Run Road on the east side of the right-of- way that runs along the entire frontage of 7201 Pleasant Run Road Lot 2, Block 1 of Morris Addition. SANITARY SEWER SYSTEM 7201 Pleasant Run Road Lot 2, Block 1 of Morris Addition will sewer to an existing 8-inch line within Pleasant Run Road right-of-way. SUMMARY This rezoning will allow for the re-platting 7201 Pleasant Run Road Lot 2, Block 1 of Morris Addition to provide three (3) large lots with an overall density of 0.46 lots/acre. The estimated home values built these new lots is expected to be between $1,000,000 and $3,000,000 range. We feel that this re-zoning and re-platting will be an attractive addition to this area of Colleyville. We respectfully request the City of Colleyville Planning and Zoning Commission and City Council to consider and approve a change in zoning from AG and R-40. Speaker Card - Support - City Council 10/3 Meeting Speaker Card - Support - Planning and Zoning 9/12 Meeting JOHN MCCAIN J O W I L L P L E A S A N T R U N C E D A R W A L D O N O V E R L O O K FOREST MEADOW 7409 8007201 7404 7504 74017400 7327 501 7404 406 7200 7405 7302 7304 7101 7331 512506 7204 508 7404 600 405 486 7208 7112 901 7412 7100 6916 7210 500 813 304 304 7323 7000 801 7100 7408 7309 7317 7113 7312 7300 405 7205 505 7201 7109 7313 7301 7300 7114 7204 7305 7308 7113 7408 7201 7113 7112 7309 509 7401 7300 7408 500 7205 7304 7109 401 7208 7200 7204 7105 7112 617601 7200 7200 7204 613 7305 7404 71087101 7113 7701 7304 7705 7110 7109 7208 7300 505 7301 605 1008 501 609 7308 7209 7213 7312 7117 400 508 7700 7212 7208 520500516404508408504 7400 7205 7108 7713 7201 7108 7109 7109 7209 7112 7709 7117 7312 1104 401 504416412408 508 405 7709517 404 513 7704 7721 77137717 512 7408 7705 700 960 600 ZC16-014 7201 PLEASANT RUN ROAD Subject Property 200ft Buffer Properties within 200ft I 1 inch = 41 7 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP Owner Name Owner Address Owner City Owner Zip Situs Address TRINITY CHRIS CTR SANTA ANA 2442 MICHELLE DR TUSTIN, CA 92780 7304 PLEASANT RUN RD TRINITY CHRIS CTR SANTA ANA 2442 MICHELLE DR TUSTIN, CA 92780 7300 PLEASANT RUN RD TRINITY CH CENTER OF SANTA ANA 2442 MICHELLE DR TUSTIN, CA 92780 7200 PLEASANT RUN RD TRINITY CHRIS CTR SANTA ANA PO BOX A SANTA ANA, CA 92711 7302 PLEASANT RUN RD MILLER, DOUGLAS L 7112 PLEASANT RUN RD COLLEYVILLE, TX 76034 7112 PLEASANT RUN RD TRINITY CHRISTIAN CENTER INC 2442 MICHELLE DR TUSTIN, CA 92780 7401 PLEASANT RUN RD MORRIS, STEPHEN 7201 PLEASANT RUN RD COLLEYVILLE, TX 76034 7201 PLEASANT RUN RD GOIN, DONALD W 7101 PLEASANT RUN RD COLLEYVILLE, TX 76034 7101 PLEASANT RUN RD HARRISON, CYNTHIA 800 JOHN MCCAIN RD COLLEYVILLE, TX 76034 800 JOHN MCCAIN RD MITCHELL, EDWARD 600 JOHN MCCAIN RD COLLEYVILLE, TX 76034 600 JOHN MCCAIN RD TRINITY CHRISTIAN CENTER INC 2442 MICHELLE DR TUSTIN, CA 92780 7409 PLEASANT RUN RD WILLIAMSBURG ESTATE HOA 7113 WALDON COURT COLLEYVILLE, TX 76034 COURTESY NOTICE GUIRGUIS, WAGUIH 75 MAIN STREET COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, August 26, 2016 by Araceli Botello ORDINANCE O-16-1994 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 6.48 ACRES, LOT 2, BLOCK 1, OF THE MORRIS ADDITION, LOCATED AT 7201 PLEASANT RUN ROAD, FROM THE AG- AGRICULTURAL ZONING DISTRICT TO THE R-40 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City of Colleyville has received an application for rezoning under Case ZC16-014; 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 designed to lessen congestion in the streets; and 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 to, 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 Ordinance O-16-1994 Page 2 of 3 Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.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 on 6.48 acres Lot 2, Block 1 of the Morris Addition, located at 7201 Pleasant Run Road from the AG- Agricultural zoning district to the R-40 Single Family Residential zoning district, as depicted in the attached Exhibit “A” and 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. Ordinance O-16-1994 Page 3 of 3 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. The first reading and public hearing being conducted on the 3rd day of October 2016. The second reading and public hearing being conducted on the 18th day of October 2016. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE ____ DAY OF _________________ 2016. Mayor Richard Newton Mayor Pro Tem Chris Putnam _____ Place 1, Tammy Nakamura Place 5, Nancy Coplen _____ Place 2, Bobby Lindamood Place 6, Mike Taylor _____ Place 4, Jody Short ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A”- Zoning Map R40 Exhibit “B”- Metes & Bounds Description LEGAL DESCRIPTION BEING 6.480 ACRE TRACT OF LAND LOCATED IN HALL MEDLIN SURVEY, ABSTRACT NO. 1038, TARRANT COUNTY, TEXAS, AND BEING LOT 2, BLOCK 1, OF MORRIS ADDITION, AN ADDITION TO THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS AS RECORDED IN CABINET A, SLIDE 2145, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND AS CONVEYED TO STEPHEN MORRIS BY DEED RECORDED IN INSTRUMENT NUMBER D211236717, REAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT 1/2 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID LOT 2, IN EAST RIGHT-OF-WAY LINE OF PLEASANT RUN ROAD (VARIABLE WIDTH RIGHT-OF- WAY); THENCE SOUTH 85 DEGREES, 39 MINUTES, 27 SECONDS EAST, 386.39 FEET WITH THE COMMON LINE OF SAID LOT 2, AND LOT 1, BLOCK 1, HARRISON ESTATES, AS RECORDED IN CABINET B, SLIDE 526, OF SAID PLAT RECORDS, TO A 1/2 INCH IRON FOUND FOR THE NORTHEAST CORNER OF SAID LOT2; THENCE SOUTH 00 DEGREES, 14 MINUTES, 00 SECONDS WEST, 660.85 FEET WITH THE EAST LINE OF SAID LOT 2, AND THE WEST LINE OF SAID LOT 1, TO THE SOUTH EAST CORNER OF SAID LOT 1, AND THE NORTHEAST CORNER OF LOT 2, BLOCK 1, OF SAID MORRIS ADDITION IN THE WEST LINE OF SAID LOT 1, HARRISON ESTATE; THENCE NORTH 89 DEGREES, 15 MINUTES, 14 SECONDS WEST, 458.31 FEET WITH THE COMMON LINE OF LOT 1, AND LOT 2, OF SAID MORRIS ADDITION TO A 1/2 INCH IRON ROD FOUND IN THE EAST RIGHT-OF-WAY LINE OF SAID PLEASANT RUN ROAD; THENCE NORTH 08 DEGREES, 38 MINUTES, 58 SECONDS EAST, 85.04 FEET WITH THE WEST LINE OF SAID LOT 2; THENCE NORTH 06 DEGREES, 38 MINUTES, 51 SECONDS EAST, 246.80 FEET WITH THE WEST LINE OF SAID LOT 2; THENCE NORTH 05 DEGREES 31 MINUTES, 22 SECONDS EAST, 356.57 FEET WITH THE COMMON LINE OF SAID LOT 2, AND SAID PLEASANT RUN ROAD TO THE PLACE OF BEGINNING AND CONTAINING 282,271 SQUARE FEET OR 6.480 ACRES OF LAND, MORE OR LESS. City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5c Agenda Date 10/18/2016 Number Ordinance O-16-1995 Type Public Hearing Agenda Items Department Community Development Title Consideration of a zoning change from the R-40 Single Family Residential district to the R-30 Single Family Residential district on Lot 1R, Block 1, O. Martin Subdivision, located at 5601 Montclair Drive, Case ZC16-017 Strategy Map Connection There is no strategy map connection for this item. ExplanationSecond Reading and Public Hearing There were no speakers regarding this request at the October 3, 2016 City Council meeting. First Reading and Public Hearing Roger “Skip” Blake, the applicant, has submitted a request to rezone approximately 0.82 acres located at 5601 Montclair Drive from the R-40 Single Family Residential district to the R-30-Single Family Residential district. The applicant is seeking a zoning change to allow for an increase in lot coverage and to address noncompliant zoning issues with the R-40 district on the subject property. Existing Conditions/Background: The subject property is a platted lot of the O. Martin Subdivision and is zoned R-40 Single Family Residential district. The subject property is generally located on the east side of Montclair Drive and south of Hall- Johnson Road. The subject property is currently developed with one single family residential home which is proposed to be demolished. The applicant requested a variance to the maximum lot coverage for the R-40 zoning district at the August 9, 2016 Zoning Board of Adjustment (ZBA) meeting. The maximum lot coverage allowed in the R-40 district is 20%. The request was to allow for a lot coverage of 25%. The ZBA denied the request and further recommended rezoning the subject property to R-30 to resolve all noncompliant zoning issues. The subject property was replatted in 2012 combining two lots into one lot, and abandoning the remaining right-of-way for Ruth Road. The right-of-way abandonment as part of the replat was approved by City Council on October 1, 2012 by Resolution R- 12-3544. City Council Agenda Briefing 5c City of Colleyville Page 2 At the time of plat approval, the Planning and Zoning Commission granted two waivers to the requirements of the R-40 district: 1.Waiver to the front building setback (40 feet required, 30 feet provided). 2.Minimum lot width (150 feet required, 137.6 feet provided). In addition to the waiver to the front building setback, the subject property does not comply with the following provision of the R-40 district: 1.Minimum lot area (40,000 square feet required, 36,008 square feet provided). Proposed Zoning Change: Request – The applicant is requesting a zoning change from the R-40 Single Family Residential district to the R-30 Single Family Residential district to allow for an increase in lot coverage and to resolve noncompliance with the current R-40 zoning designation. Based on the current zoning district regulations, the subject property does not meet the minimum requirements for lot width and lot area. Ordinance – Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the R-30 zoning regulations require the following standards: Minimum Lot Area: 30,000 square feet Minimum Lot Width: 125 feet Minimum Lot Depth: 125 feet Minimum Front Yard Setback: 35 feet Minimum Side Yard Setbacks: 10 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 25 percent The applicant has provided a zoning exhibit which is conceptual in nature and not up for consideration as part of the zoning request. However, the conceptual exhibit proposes one lot 36,016 square feet in size. This conceptual plan appears to meet the R-30 zoning district’s minimum lot area of 30,000 square feet and other standards as listed above. Chapter 3 (Land Use) of the Land Development Code identifies the purpose and intent of the R-30 zoning district as primarily oriented toward low-density residential purposes and open space uses. Additionally, it states the principal uses shall be moderately low-density detached single family homes. Analysis – The zoning designations for the properties to the north, east, and west are R-20 and the property to the south is zoned R-40. Although the R-30 district as requested would differ from the surrounding zoning designations, it appears generally consistent with the development pattern in the area. Additionally, the subject property meets the minimum requirements of the R-30 district. Should the request be approved, the subject property will be in compliance with all zoning regulations. As City Council Agenda Briefing 5c City of Colleyville Page 3 previously stated, the ZBA recommended rezoning the property to the R-30 district to resolve all outstanding noncompliant issues on the subject property. Staff concurs with this recommendation. Surrounding Development: The properties to the north, east, and west are zoned R- 20 Single Family Residential district and developed with single family homes. The property to the south is zoned R-40 Single Family Residential district and developed with one single family home. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for single family residential uses. The proposed rezoning request does not seek to change the use on the subject property from single family residential uses. The comprehensive plan’s Residential Density Policy states that the maximum density of each residential project shall be 1.8 dwelling units per acre. The proposed density is 1.2 dwelling units per acre. The requested zoning change is consistent with the comprehensive plan. Fees: Park Land Dedication fees are not required for this request since a single family home currently exists on the subject property. Impact Fees may be required per Chapter 13 (Impact Fees) of the Land Development Code and will be due prior to the issuance of a Building Permit. Tree Preservation: Any future development of the subject property must comply with Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a Tree Removal Permit has been issued that is associated with an approved Tree Preservation Plan. In addition to the requirements for submittal of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the minimum existing protected tree canopy coverage as required in Chapter 5. Public Notification: Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, staff has received three letters of support for this item. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of this request at the September 12, 2016 meeting by a vote of 6-0. Staff Recommendation: The proposed zoning change is consistent with the City’s comprehensive plan. Although the requested R-30 district differs from R-20 and R-40 City Council Agenda Briefing 5c City of Colleyville Page 4 zoning designations, the R-30 district is generally consistent with the surrounding properties and development pattern. Staff recommends approval of the proposed rezoning request. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Zoning Map 2.Aerial Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Conceptual Zoning Exhibit 6.Letters of Support 7.Approved Plat 8.Resolution R-12-3544 Right-of-Way Abandonment 9.Notification Map 10.Notification List 11.Ordinance O-16-1995 M O N T C L A I R HALL JOHNSON RUTH MULBERRYR-20 R-40 R-20 AG R-20 R-20R-40R-20 R-20 R-20 5513 5509 5600 5605 2113 2101 5601 2201 220720132009 5512 5508 2300 5604 5504 5608 2301 2304 2305 5609 2109 2005 5602 5712 5600 5704 5708 2309 5506 2308 5607 5605 5609 5511 5801 5504 2101 22032103210721052109 5605 5613 22015800 2205 ZC16-017 5601 MONTCLAIR DRIVE Legend Subject Prop erty AG Agricultural R-20 Sing le Family Re sidential (2 0,000 sq. ft. min) R-40 Sing le Family Re sidential (4 0,000 sq. ft. min) I 1 inch = 12 5 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP MO N T C L A I R HALL JOHNSON RUTH MULBERRY 5513 5509 5600 5605 2113 2101 5601 2201 2207 20132009 5512 5508 2300 5604 5504 5608 2301 2304 2305 5609 2109 2005 5602 5712 5600 5704 5708 2309 5506 2308 5607 5605 5609 5511 5801 5504 2101 22032103210721052109 5605 5613 22015800 2205 ZC16-017 5601 MONTCLAIR DRIVE Legend Subject_PropertyI1 inch = 125 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP M O N T C L A I R HALL JOHNSON RUTH MULBERRY 5513 5509 5600 5605 2113 2101 5601 2201 2207 20132009 5512 5508 2300 5604 5504 5608 2301 2304 2305 5609 2109 2005 5602 5712 5600 5704 5708 2309 5506 2308 5607 5605 5609 5511 5801 5504 2101 22032103210721052109 5605 5613 22015800 2205 ZC16-017 5601 MONTCLAIR DRIVE Legend Subject Prop ertyRESIDENTIAL COMMERCIAL INSTITUTIONALPARKS/ O PEN SPACE COLLEYVILLE BLVD CO RRIDO RI1 inch = 12 5 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. FUTURE LAND USE MAP RESOLUTION R-12- 3544 A RESOLUTION AUTHORIZING THE ABANDONMENT OF THE RUTH ROAD RIGHT-OF-WAY WHEREAS, the property owners located at 5106 and 5513 Montclair Drive have submitted a request to abandon the roadway right-of-way, ! known as Ruth Road. NOW, THEREFORE, BE IT RESOLVED BY ~HE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the right-of-way abandonment for Ruth Road as depicted in Exhibit "A' and described in Exhibit "B", is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ~ AYES, D_ NAYS AND Z.~ ABSTENTIONS ON THIS THE 1ST DAY OF OCTOBER 2012. 4~TT ~: ~ Cynthia Singleton, RMC, CMC City Secretary CITY OF COLLEYVILLE k~-~~.~ _~ _ - David Kelly Mayor XH.I~IT "A ,~THIS St1RVEY PLAT IS ACCOMPANIED 8Y A FIELD NOTE DESCRIP710N WHICH IS MADE A PART OF THIS pOCUMENT" ALL PROPERTY CORNERS SHOWN HEREON ARE 1/Z INCH CAPPED STEEL RQDS S7AMPED MOAK SURY INC" UUNLESS N07ED Q7HERWISE LOT 22 ROBERT S, JACKSON and wife, NANCY L. JACKSON VOI., ll99b, PG. 412, D. R.T.C.T, LOT 1 . LOT 2 O. MARTFN. SUBDIVISION VOL. 388-4$, P~GE 319, P.R.T.C.T. z° 5tee~ rod found N 89° 54'1i6"E 26~. 32` 6.30'R UTl~ ~OAD TO BE ABANDONED) N ~0.2991 ACRES O NOTE: NO IMPROVEMEN~S SWOWN. 0 o S 89° 47' 10"W 26j.07' Z Bearing 5ource per Insk No. D21118i640} LOT 1R, BLOCK 1, FISHER ADDITION INSTRUMENT NO. D211181840, P.R.T.C.T. U F~ ~ WM N LOT 21 N t ~ . U ~ O~ Point 0f ~ Be tinriin ~~a" steei99' rod found 112" sfee! ~o ~ rod found ~ ,,y o PORTION OF FORMER RUTH ROAQ VACATED BY CITY RE50l.lfTION R-95- 1110 I hereby certi.fy that tlais plat is an accurate representation of an actual survey made on the ground this date under my supervision of the above described tract and the boundary lines, corners and dimensions shown are as indicated. FtEC~dll~D gttG 0 6 209~ o W. Morgan, R.P.L, . No. 5488 ~~~~.~q ~F ~ Scale ~„ ^ 50' ~~ OF r P.~G~~~R~+.~ Moak S = ~rs, Inc. o'.~' LICENSE - TA ND R ISTEREDLEGEND . ~ .........................»...:.,.... PROFES ON ~~ ..: = EYORS FOUND STEEL ROD ..70HN W: MORGAN . O SET CAPPED STEEL ROD '~ 548$ ~: Texas • w ex~c izo Nevada CROSS CUT IN CONCRETE y'~°~~ss~°.~'-L~ t ll05 Cheek Spa r Roa e t~ [e, Texas 76034 FOUND STEEL PiPE ~ SUR`~ Metro 817T2 ~~,221I.~x Yc`7^282-0401FOUNDBOISD'ARC STAKE Date 08- 02-2012 ~ Job # 12-034A6 EXHIBI~' "B„THIS FIELD NOTE D~SCRIPTION 1S ACCOMPANIED BY A SURVEY PLAT WHICN IS MADE A PART OF THiS DOCUMENT" Field Note Description For A Right- 4f-Way Abandonment of Ruth Road ALL that certain tract or parcel of laud situated in the S.C.H. WITTEN SURVEY, ABSTRACT NO. 1619, Colleyville, Tarrant County, Texas and being a portion of Ruth Road, a public right-of-way in the City of Colleyville, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/ 8 inch steel rod found for the southeast cornar of Lot 2, O. Martin Subdivision, an Addition to the City of Colleyville, Tarrant County, Texas according to the plat xecorded in Volume 388-48, Page 319, Plat Records, Tarrant County, Texas, being in the northerly right-of-way line of said Ruth Road, also being the northwest corner of the portion of Ruth Road vacated by City of Colleyville Resolution No. R-95- 1210; THENCE South 00 degrees 13 minutes 17 seconds West with the westerly boundary line of said vacated road, at 24. 96 feet passing a 1/ 2 inch steel rod found for the most northerly northwest corner of Lot 1R, Block 1, FISHER ADDITION, an Addition to the City of Colleyville, Tarrant County, Texas as recorded in Instrument No. D211181840, of said Plat Records, in a1149.61 feet to a 1/ 2 inch capped steel rod stamped "MOAK SURV INC" found for an inner ell corner of said Lot 1R, also being in the southerly right-of-way li.ne of said IZuth Road; THENGE South 89 degrees 47 minutes 10 seconds West with the northerly boundary line of said Lot 1R and with the southerly riglat-of--way line of said Rut1t Road, 261.07 feet to a 1/ 2 inch capped steel rod stamped "MOAK SURV INC" faund for the northeast comer of said Lot 1R, being the intersection of said southerly right-of way line with the easterly right-of way line of Montclair Drive; THENCE Narth 00 degrees 04 minutes 28 seconds West with said easterly right-of-way line, 50. 15 feet to the intersection of said northerly right-of-way line, being in the southerly boundary line of said ~. Martin Addition frozn which a 1/ 2 inch steel rod found for the southwest corner thereof bears South 89 degrees 54 minutes 16 seconds West, at b.30 feet; THENCE North 89 degrees 54 minutes 16 seconds East with said northerly right-of-way line and said southeriy boundary line, 261.32 feet to the PLACE OF BEGINNING and containing 0.2991 acxes of land, more or Iess as surveyed by Moak Surveyors, Inc. . I hereby certify that this plat is an accurate representation of an actual survey made on the ground this date under my supervision of the above descxibed txact and the boundary lines, corners and dimensions shown are as indicated. 3 W. Morgan, R.P.L. . o. 5488 1"=50'Scale LEGEND FOUND ST'EEL ROD O SET CAPPED STEEL ROD CROSS CUT IN CONCRETE FOUND STEEL PIPEaFOUNDBOISQ'ARC STAKE Moak Texas • FtECE{I/~D aur o s ~oi~ psr PAGE Z OF 2 e~ors, Inc. Nevada 11fl5 Cheek Spat~r F~oa~~~iley~~le, Texas 76034 Metro $17-Z -2211 ~'17-282-0401 ~wwrv.mo n ,. ors.com Date 08- 02-2012 Job # 12-034A6 COORDINATE FILE: 10-134 S Y C A M O R E M O N T C L A I R HALL JOHNSON RUTH MULBERRY 5509 5501 5513 2005 5500 5600 5605 21132101 5601 2201 22072013 5502 2009 5512 5508 5511 5504 5605 5609 2300 5417 5604 5607 5800 5507 5602 5608 5600 5704 2301 5504 5502 2304 5506 2309 5712 2305 5708 2308 5509 5801 5609 5500 2109 2107 2203 5705 22072205210321092101 5603 2201 5410 5507 2105 5605 5701 5503 5505 5601 5709 5609 5501 2301 5505 5513 5404 5603 5611 5411 5802 5801 5605 2001 2001 5613 ZC16-017 5601 MONTCLAIR DRIVE Subject Property 200ft Buffer Properties within 200ftI1 inch = 18 1 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP Owner Name Owner Address Owner City Owner Zip Situs Address MCCURRY, THOMAS 5110 OLD OAK LN COLLEYVILLE, TX 76034 5601 MONTCLAIR DR VOLOSEN, MIRCEA 5604 MONTCLAIR DR COLLEYVILLE, TX 76034 5604 MONTCLAIR DR SUEDMEIER, MICHAEL 2301 MULBERRY CT COLLEYVILLE, TX 76034 2301 MULBERRY CT HANEY, KENNETH J 2101 HALL JOHNSON RD COLLEYVILLE, TX 76034 2101 HALL JOHNSON RD JACKSON, RICHARD PO BOX 658 COLLEYVILLE, TX 76034 5605 MONTCLAIR DR MACAULAY, ANDREW 5509 MONTCLAIR DR COLLEYVILLE, TX 76034 5509 MONTCLAIR DR BREWSTER, KEITH W 5508 MONTCLAIR DR COLLEYVILLE, TX 76034 5508 MONTCLAIR DR PATTERSON, BURTON 5600 MONTCLAIR DR COLLEYVILLE, TX 76034 5600 MONTCLAIR DR HICKS, RUSSELL 2304 MULBERRY CT COLLEYVILLE, TX 76034 2304 MULBERRY CT COX, LAETITIA R PO BOX 1785 COLLEYVILLE, TX 76034 5512 MONTCLAIR DR ENTY, DON 5513 MONTCLAIR DR COLLEYVILLE, TX 76034 5513 MONTCLAIR DR TORRES, ARNOLD 5608 MONTCLAIR DR COLLEYVILLE, TX 76034 5608 MONTCLAIR DR BURTON, EDITH 5613 MONTCLAIR DR COLLEYVILLE, TX 76034 5613 MONTCLAIR DR LEMMON, S CRAIG 2305 MULBERRY CT COLLEYVILLE, TX 76034 2305 MULBERRY CT ANTONETTI, ALFREDO 2300 MULBERRY CT COLLEYVILLE, TX 76034 2300 MULBERRY CT JACKSON, RICHARD PO BOX 658 COLLEYVILLE, TX 76034 5605 MONTCLAIR DR ARBOR ESTATES II HOA 5506 SYCAMORE DR COLLEYVILLE, TX 76034 COURTESY NOTICE HIGHLAND MEADOWS 2101 HIGH GATE DR COLLEYVILLE, TX 76034 COURTESY NOTICE MONTCLAIR PARK 1108 W. PIONEER PKWY ARLINGTON, TX 76013 COURTESY NOTICE MCCURRY, THOMAS 5110 OLD OAK LN COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, August 26, 2016 by Araceli Botello ORDINANCE O-16-1995 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.82 ACRES, LOT 1R, BLOCK 1, OF THE O. MARTIN SUBDIVISION, LOCATED AT 5601 MONTCLAIR DRIVE, FROM THE R- 40 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE R-30 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City of Colleyville has received an application for rezoning under Case ZC16-017; 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 designed to lessen congestion in the streets; and 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 to, 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 Ordinance O-16-1995 Page 2 of 3 Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.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 on 0.82 acres Lot 1R, Block 1, of the O. Marin Subdivision, located at 5601 Montclair Drive from the R-40 Single Family Residential zoning district to the R-30 Single Family Residential zoning district, as depicted in the attached Exhibit “A” and 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. Ordinance O-16-1995 Page 3 of 3 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. The first reading and public hearing being conducted on the 3rd day of October 2016. The second reading and public hearing being conducted on the 18th day of October 2016. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE ______ DAY OF ___________________ 2016. Mayor Richard Newton Mayor Pro Tem Chris Putnam _____ Place 1, Tammy Nakamura Place 5, Nancy Coplen _____ Place 2, Bobby Lindamood Place 6, Mike Taylor _____ Place 4, Jody Short ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A”- Zoning Map R40 Exhibit “B”- Metes & Bounds Description � SPEAKER CARD Date: � � / (I.J Agenda Item Number: �� �— Item must be completed! For example: 5a �this can be found on the far /eftside of the aaenda conv) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No iC —�t c� t,c.� � f�;� -� az ,� f'r��.. �.� a���`.1��-�, I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition r � �- �l , � Name Address: �-� � i � �[.r11'�—'Vb"�I ��c._;r{ y; ��� i �"�� Cit /J /.- �. {�v ..Z I understand I am /imited to speaking for five minutes. For agenda items not /isted on the agenda as a Pub/ic Hea�ing, City Counci/y� nnot respond to speakers in accordance wit6 the Texas Open Meetings Law, Chapter 55I of th,� Texas Loca/ Gove�nment Code. This inc/udes persons speaking under the Citizen's Comments s�ctinn nP%f6a n..el.r� Signed: _ j".,/ This in%rmation is a Pub/ic City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6a Agenda Date 10/18/2016 Number Resolution R-16-4045 Type Resolution Department Public Works Title Approval of a City-Developer Agreement with M/I Homes of DFW, LLC for the reimbursement of the construction costs of the waterline connection associated with the Creekside at Colleyville Development - Phase 5, and authorize the city manager to execute the agreement Strategy Map Connection B3- Utilize partnerships to implement cost-effective service solutions Explanation Reading and Public Hearing The purpose of this item is to consider the approval of the attached City-Developer Agreement. As a result of a waterline extension, which was part of the required public infrastructure of the Woodland Hills subdivision development, not being constructed in the 1980’s, M/I Homes of DFW, LLC, the developer of Creekside at Colleyville Phase 5, is requesting consideration of the proposed City-Developer Agreement. The purpose of the agreement is to reimburse the costs incurred during the construction of the previously required public infrastructure. On December 17, 2013, the City Council approved the attached PUD Ordinance O-13- 1899, which allows for the Creekside at Colleyville Development - Phase 5, located on approximately 31 acres near the intersection of Cheek-Sparger Road and Heritage Avenue. The phasing of the Creekside at Colleyville Development is shown on the Creekside at Colleyville Development attachment. This phase of the development includes 41 single family residential lots. The entire Creekside at Colleyville Development includes a total of 228 residential lots. The developer submitted plans and specifications for the Creekside at Colleyville Development - Phase 5 Improvements to the City for review and approval prior to commencing construction on the proposed improvements. The plans included a waterline system that was designed to connect to the existing waterline extensions in the Woodland Hills development, located to the west of the subdivision. This waterline connection was needed in order to have a properly looped water distribution system. The waterline extensions in the Woodland Hills development were originally a requirement of the public improvements that were associated with Woodland Hills development that were designed in June of 1982 as shown in Exhibit “A”. The City of Colleyville Page 2 City Council Agenda Briefing 6a waterlines that were included with the Woodland Hills development were designed to allow the water system to be properly circulated and connected to a future development. The waterlines would also provide future utility access for the property that was to the west of the Woodland Hills development. These types of utility connections are needed and beneficial between subdivisions to ensure the water system is properly circulated and that adequate emergency flows are available. During the construction of the Creekside at Colleyville development - Phase 5, the developer discovered that the City waterline that was required to be constructed along with the Woodland Hills development did not exist. The developer requested assistance from the City in order to address the public infrastructure that was not in place. The City reviewed the original plans for the Creekside at Colleyville subdivision, the requirements for the Woodland Hills development, and the existing public infrastructure that was constructed. The City confirmed that additional public infrastructure (hereby referred to as “Additional Work”) beyond what was included in the original plans for the Creekside at Colleyville Development - Phase 5 would be necessary to adequately serve the new subdivision. Developer’s Proposal - In order to prevent any delays to the Creekside at Colleyville - Phase 5 subdivision and result in an overall cost savings of construction, the developer was willing to utilize his existing City approved contractors and materials to perform the additional work that was outside the scope of the new subdivision. The additional work included a waterline and the cost breakdown for the additional work is as follows: Description Unit Approx. Quantity Unit Price Total Mobilization LS 1 $2,625 $2,625 Saw and Remove Existing Asphalt SY 12 $78 $936 Replace Asphalt SY 12 $157 $1,884 Traffic Control LS 1 $840 $840 Tie-in after testing EA 1 $1,260 $1,260 Ductile Iron Fittings LS 1 $945 $945 Steel Plates LS 1 $840 $840 Trench Safety LS 1 $525 $525 Testing and Chlorination LS 1 $2,520 $2,520 Blocking CY 1 $210 $210 Furnish and install 8" PVC Certilok by Boring LF 230 $97 $22,310 Remove and Replace 27” RCP LS 1 $4,900 $4,900 Performance, Payment, and Maintenance Bond LS 1 $550 $550 Total:$40,345 City of Colleyville Page 3 City Council Agenda Briefing 6a Reimbursement of Costs - This work has resulted in an increased cost of the public infrastructure, therefore the developer is requesting to be reimbursed for the expenses that were incurred during the construction of the additional work. Proposed City/Developer Agreement - The proposed City-Developer Agreement establishes the criteria and guidelines for the reimbursement of the actual expense associated with the Additional Work. The cost of the additional work is being proposed to be reimbursed to the owner in a single lump sum once sufficient water impact fees have been paid to cover the amount of the reimbursement. The Creekside at Colleyville Development - Phase 5 includes a total of 41 lots. The total of impact fees associated with the phase of the development is shown in the following table: Fee Amount Per Lot Number of Lots Total Water Impact Fee $2,491 41 $102,131 The proposed agreement establishes: 1.The City agrees to reimburse water impact fees in an amount not to exceed $40,345. This amount will be reimbursed to the owner as single lump sum once sufficient water impact fees have been paid to cover the amount of the reimbursement. 2.The total amount of reimbursement will be capped at the amount of $40,345. The proposed agreement has been review by the City Attorney. Financial Impact This agreement with result in a reimbursement to the developer of paid impact fees. The total reimbursement of the fees is capped at $40,345 (approximately 40% of the water impact fees to be collected. Recommendation Approve Attachments 1.Proposed City-Developer Agreement 2.Ordinance O-13-1899 3.Exhibit A 4.Creekside At Colleyville Phasing 5.Form 1295 6.Resolution R-16-4045     City of Colleyville City/Developer Agreement Creekside at Colleyville Development Phase 5 STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That M/I Homes of DFW, LLC a Texas limited liability company organized under the laws of The State of Texas (and any assigns thereto), hereafter called “Owner/Developer”, and the CITY OF COLLEYVILLE, Tarrant County, Texas, hereafter called “City”, enter into the following agreement (“The Agreement”). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, in consideration of the mutual covenants herein contained, and for the purpose of developing the Creekside at Colleyville, hereafter called “Subdivision”, Owner/Developer and the City agree as follows: 1. The Owner/Developer has constructed, pursuant to the final plans, and all applicable local, state, and federal ordinances, codes, and regulations, public improvements for the development of the Subdivision. 2. The Owner/Developer submitted plans and specifications (collectively the “Original Plans”) for the Improvements to the City for review and approval prior to commencing construction on the proposed Improvements. 3. The Original Plans generally include a waterline system that is designed to connect to the existing waterline extensions in the Woodland Hills development, located to the west of the Subdivision, within Phase 5 of the Subdivision. The waterline connection is needed in order to have a properly looped water distribution system and are a requirement of the City of Colleyville for the proposed public improvements. 4. The waterline extensions in the Woodland Hills development were originally a requirement of the public improvements that were associated with Woodland Hills development that were originally designed in June of 1982 as shown in Exhibit “A”. 5. During the construction of the Subdivision the Owner/Developer discovered that the City waterline that was required to be constructed along with the Woodland Hills development did not exist. 6. The Owner/Developer requested assistance from the City in order to address the fact that the City required infrastructure did not exist. 7. The City reviewed the Original Plans for the Subdivision, the requirements for the Woodland Hills development, and the existing public infrastructure that was in constructed. The City confirmed that additional public infrastructure (hereby referred to as “Additional Work”) beyond what was included in the Original Plans would be necessary to adequately serve the Subdivision 8. In order to prevent any delays to the Subdivision and provide for an overall construction cost savings, the Owner/Developer was willing to utilize his existing City approved contractors and materials to perform the “Additional Work” that was outside the scope of the required infrastructure associated with the Subdivision.     9. The Owner/Developer and the City have now agreed upon the need and scope of the “Additional Work”. The “Additional Work” generally includes a waterline extension and connection in Phase 5 of the Creekside at Colleyville Subdivision that connects to the water system in the Woodland Hills development to the Subdivision. 10. The Owner/Developer contracted for the “Additional Work” using reputable contractors. The contract documents required a two-year maintenance bond in the amount of 10% of the construction cost. 11. In consideration of Owner/Developer’s construction of the “Additional Work” and due to the extraordinary cost of the “Additional Work”, which would not have be necessary if it was initially constructed when it was originally required, the City and Owner/Developer agree as follows: a. The City agrees to collect standard City water, sanitary sewer and roadway impact fees (collectively the “Impact Fees”) from any homebuilder (the “Builder”) building in the Subdivision as they request building permits. The fees collected will be consistent with EXHIBIT “B” b. The Owner/Developer has provided the City with As-Built drawings. c. The items set forth on EXHIBIT “C” attached hereto, are specific components of the “Additional Work” to be constructed. City and Owner/Developer agree that the actual costs on Exhibit “C” are a reasonable cost to be incurred by Owner/Developer in the course of constructing the “Additional Work”. d. The City agrees to reimburse the Owner/Developer for actual expenses incurred for the construction of the “Additional Work” as provided for herein. e. The Owner/Developer will be reimbursed only for actual expenses incurred to complete the “Additional Work”. All reimbursements must be applied for by the Owner/Developer and proof of payment is required prior to the issuance of any reimbursement by the City. f. The City agrees to reimburse water impact fees paid for homes in the Subdivision for all expenses incurred by the Owner/Developer for the purposes of constructing the waterlines that are associated with the “Additional Work” in an amount not to exceed $40,345. The reimbursement will be a single lump sum once sufficient water impact fees have been paid to cover the amount of the reimbursement. g. The Owner/Developer agrees that the total amount of reimbursement will be capped at the amount of total $40,345, based on the estimated costs on Exhibit “C”. h. The Owner/Developer agrees the physical improvements shall become the property of the City of Colleyville. 12. This City/Developer Agreement shall not be amended, modified or in any way changed except on the express written agreement of both Owner/Developer and the City 13. Termination. This Agreement shall terminate upon the following: a. By written agreement of the parties; b. Such breach remains uncured for a period of sixty (60) days after written notice by either party in the event the other party breaches the Agreement and thereof, or c. Upon an Event of Bankruptcy or Insolvency.     14. Remedies. If a party defaults hereunder, then the non-defaulting party shall have the right to enforce specific performance of the defaulting party's obligations and/or seek other available remedies at law or in equity against such defaulting party. 15. Notice. All notices required by this Agreement shall be in writing and addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, facsimile with receipt as proof of transmittal, or by hand delivery. If intended for Owner/Developer, to: M/I Homes of DFW, LLC 405 State Highway 121, Suite A-210 Lewisville, Texas 75067 (972) 315-6440 Attention: Gary Rae – Division President I f i n t e n d e d f o r C i t y , t o : W i t h c o p y t o : City of Colleyville B o y l e & L o w r y , L L P A t t n : C i t y M a n a g e r A t t e n t i o n : M a t t h e w B o y l e 100 Main Street 4201 Wingren Plaza, Suite 108 Colleyville, TX 76034 Irving, TX 75062 (817) 503-1059 (Fax) (972) 650-7105 (FAX) 16. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. If for any reason the ownership of the Subdivision should change prior to the acceptance by the City of the Improvements, it is agreed that this City/Developer Agreement and all covenants and obligations hereunder shall become the obligation of the new owner of the Subdivision, who shall acknowledge and agree in writing to be bound by this City/Developer Agreement to the same extent as Owner/Developer. 17. Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the remainder of this City/Developer Agreement shall be enforceable and shall be enforced as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 18. Governing Law. The validity of this City/Developer Agreement and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this City/Developer Agreement shall be in State District Court of Tarrant County, Texas. 19. Entire Agreement. This City/Developer Agreement embodies the complete agreement of the parties hereto; superseding all oral or written, previous and contemporary agreements between the parties relating to the matters in this City/Developer Agreement cannot be modified without written agreement of the parties. 20. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same.     21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. EXECUTED this the ____ day of _______________, 2016. CITY: CITY OF COLLEYVILLE, TEXAS By: ____________________________________ City Manager APPROVED AS TO FORM: By: ___________________________ City Attorney ATTEST: By: ____________________________________ C i t y S e c r e t a r y OWNER/DEVELOPER: M/I Homes of DFW, LLC By:____________________________________     EXHIBIT A     EXHIBIT B Creekside at Colleyville Development Phase 5 Fee Amount Per Lot Number of Lots Total Water Impact Fee $2,491 41 $102,131 Sewer Impact Fee $643 41 $26,363 Roadway Impact Fee $4,941 41 $202,581 Total: $8,075 $331,075     EXHIBIT C Creekside at Colleyville Phase 5 Additional Work - Waterline Costs Description Unit Approx. Quantity Unit Price Total Mobilization LS 1 $2,625 $2,625 Saw and remove existing asphalt SY 12 $78 $936 Replace asphalt SY 12 $157 $1,884 Traffic control LS 1 $840 $840 Tie-in after testing EA 1 $1,260 $1,260 Ductile iron fittings LS 1 $945 $945 Steel plates LS 1 $840 $840 Trench safety LS 1 $525 $525 Testing and Chlorination LS 1 $2,520 $2,520 Blocking CY 1 $210 $210 Furnish and install 8" PVC Certi-lok by boring LF 230 $97 $22,310 Remove and replace 27” RCP LS 1 $4,900 $4,900 Performance, Payment, and Maintenance Bond LS 1 $550 $550 Total: $40,345 ORDINANCE 0-13-1899 AN ORDINANCE AMENDING ORDINANCE 0-07-1645 AND ORDINANCE 0-13-1866 CONDITIONS AND AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 4.4 ACRES LOCATED IN THE JESSE DOSS SURVEY AT THE NORTHWEST CORNER OF CHEEK-SPARGER ROAD AND HERITAGE AVENUE FROM THE AG- AGRICULTURAL DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY j 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 Council approved Ordinance 0-07-1645 on November 27, 2007, to establish the zoning of 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 under case 2-07- 008; and WHEREAS, the City Council approved Ordinance 0-13-1866 on March 5, 2013, amending Ordinance 0-07-1645 conditions and approving a detailed site plan for phase one of the development under case ZC12-031; and WHEREAS, the applicant has requested an amendment to Ordinance 0-07- 1645 and Ordinance 0-13-1866 and requests to rezone 4.4 acres located in the Jesse Doss Survey at the northwest corner of Cheek-Sparger Road and Heritage Avenue, acquired from the City of Euless in a boundary adjustment approved under Ordinance 0-12-1828, so as to incorporate the property into the PUD authorized by Ordinance 0-07-1645 under Case 2-07- 008 and approve a detailed site plan for phase two of the development; 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 Ordinance 0-13-1899 Page 2 of 6 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 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, to 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 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 amending Ordinance 0-07-1645 and Ordinance 0-13-1866. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by Ordinance 0-13-1899 Page 3 of 6 changing the zoning of 4.4 acres located in the Jesse Doss Survey at the northwest corner of Cheek-Sparger Road and Heritage Avenue from the AG-Agricultural District to the PUD-R- Planned Unit Development Residential District, as depicted in the attached Exhibit "A" and described in Exhibit "B". Sec. 4. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. DETAILED SITE PLAN REQUIREMENT a. Exhibit "C" shall be deemed to satisfy the site plan requirements of Ordinance 0-07-1645 Section 4(2)a and Ordinance 0-13-1866 Section 5(1)b. A full size copy of the site plan shall be kept on file in the Community Development Department until the final plat is approved, at which time a copy of the detailed site plan shall be kept in the plat file for this development. The phase two final plat shall be consistent with Exhibit "C". 2. GENERAL AMENDMENTS a. Section 5(2)e of Ordinance 0-13-1866 is hereby deleted. b. The developer may enter into a City/Developer Agreement with the City of Colleyville for any required public improvements, in conjunction with this development. Said agreement, if submitted, shall be approved and executed prior to the filing of the final plat for phase two of the development. c. Prior to the issuance of a building permit for the 1.9 acre commercial tract shown at the southwest corner of the development on Exhibit C, the developer shall submit a detailed site plan which shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with Ordinance 0-07-1645 and any subsequent amendments, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) Ordinance 0-13-1899 Page4of6 shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. d. Section 4(7)b of Ordinance 0-07-1645 is hereby amended to read as follows: A six (6) foot masonry wall shall be built along the perimeter of the subdivision along Heritage Avenue, Glade Road and Cheek Sparger Road. The design for such wall shall be stamped and sealed by a licensed engineer. The standards and detail for such wall shall be included as part of the detailed Site Plan and shall, otherwise, meet the requirements of the Land Development Code. e. Except as noted in subsection "d" above and Section 4(7)a and "c" in Ordinance 0-07-1645, all fences shall be constructed per Exhibit D. f. Section 5(2)c of Ordinance 0-13-1866 is hereby amended to read as follows: The ten (10) foot wide concrete trail shown as Trail 24 on the 2005 City of Colleyville Pathways Plan map shall be constructed by the developer along the west side of Heritage Avenue prior to the acceptance of public improvements and shall connect to all other trails noted on the 2005 Colleyville Pathways Plan with the following exceptions: The developer may escrow the cost of constructing the trail in lieu of actual construction only for the portion of the trail that traverses the Little Bear Creek floodplain. If the developer chooses to escrow said funds, the developer shall build a minimum four (4) foot wide sidewalk across Little Bear Creek that links the internal sidewalks in the portion of the development that is south of Little Bear Creek to the internal sidewalks in the portion of the development that is north of Little Bear Creek. Said sidewalk connection shall link to Trail 24 on both sides of Little Bear Creek within a public pedestrian access easement, which shall be dedicated on the final plat(s) for the development. Sec. 6. 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. Ordinance 0-13-1899 Page 5 of 6 Sec. 7. 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. 8. 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. 9. 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. 10. 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. Sec. 11. THAT Ordinance 0-07-1645 and Ordinance 0-13-1866 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of December 2013. The second reading and public hearing being conducted on the 17th day of December 2013. PASSED AND APPROVEQ by the City Council of the City of Colleyville, Texas, on this the I I---'' day of OCC16 1per- 2013. Ordinance 0-13-1899 Page 6 of 6 ATT ST: CITY OF COLLEYVILLE 14 Am helle T I C David KellY Y City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: In Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map 1 iI;C .1,040 im . _,,.. , Rite:gatM ,,,,, _ _ _, __ _ i x rid -; i +es EE` City of Euless Y iI- Q 4 _ ® Legendc.u..w C7 Ili - W subject Igg -Lola - AG Agricultural r--eff -1 - 11',- I - CC-1 Village Retailtail 20 CC-2 Shopping Centernter L;.. : Mesa CC-3 Highway Commercial CN Neighborhood Commercial CPO Professional Office ML Light Manufacturing PUD-C Planned Unit Development,Commercial PUD-R Planned Unit Development,Residential 4! R-10 Single Family Residential(10.000 sq.ft.min) III Ile C 1 R-15 Single Family Residential(15,000 sq.ft.min) r C I R-20 Single Family Residential(20.000 sq.ft.min) C R-30 Single Family Residential(30,000 sq.ft.min) min'" R-40 Single Family Residential(40.000 sq.ft min) tsta Q p R-MF Multi-Family Residential KEP Subject1d_do RD Two Family Residential Property RE Single Family'Estate'Residential 7, N City of Bedford i Exhibit "B" - Legal Description of Property Zoned from AG-Agricultural to PUD-R-Planned Unit Development Residential Being the certain tract of land situated in the J. DOSS SURVEY, Abstract No. 441 and being a portion of the Ordinance No. 192 to City of Euless and a portion of the tract described in the deed to Sparger Family limited Partnership as recorded in Volume 16472, Page 390 of Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a point at the intersection of the Colleyville City Limit and the Bedford City Limit boundaries from which a 5/8" iron rod found for the southwest corner of said Sparger tract bears North 69°11'27" West at 207.68 feet; THENCE North 00°07'13" West, 25.16 feet to the beginning of a curve to the left; THENCE northeasterly with said curve to the left, having a radius of 843.63 feet, a central angle of 37°42'05", an arc length of 250.26 feet to the apparent intersection of the north right-of-way of said Cheek Sparger Road and the east right-of-way line of Heritage Avenue, continuing with said east right-of-way line a total arc length of 1281.93 feet and a long chord of North 42°29'27" East at 1162.08 feet to a 5/8 inch iron rod found for the end of said curve, same being the merging of the east right-of- way line of Woodpark Lane; THENCE South 01°02'49" East with said east right-of-way line of Woodpark Lane, 750.80 feet to the southwest corner of the tract described to Charles A. Hoel, Jr. and wife, Mary lea Hoel as recorded in Volume 3522, Page 540 of said Deed Records; THENCE South 89°57'50" East with the south line of said Hoel tract, approximately 38.00 feet to the northwest corner of the tract described to Cheek-Sparger Properties, LLP., as recorded in Document No. 0206013089 of said Deed Records; THENCE South 05°10'42" East, 58.85 feet to the beginning of a curve to the right; THENCE southeasterly with said curve to the right, having a radius of 1058.63 feet, a central angle of 12°33'23", an arc length of 232.00 feet and a long chord of South 71°31'54" East at 231.54 feet; THENCE South 65°18'09" East, 4.39 feet to said north City limit line of the City of Bedford and south City Limit line of the City of Colleyville; THENCE North 89°52'47" West with said common City Limit line, 1065.70 feet to the place of beginning and containing 4.438 acres of land, more or less. 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DiagramK(1 SECTION OF WATERLINE THAT WAS NOT CONSTRUCTED AS ORGINALLY REQUIRED EXHIBIT A ¯Creekside at Colleyville Development Phase I Phase II Phase IV Phase V Phase III Glade Road He r i t a g e A v e n u e Cheek-Sparger Road Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 10/13/2016 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. M/I Homes Lewisville, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of Colleyville Developer Agreement R-16-4045 2016-123683 10/13/2016 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING Schottenstein, Robert XColumbus, NH United States Mason, Thomas XColumbus, OH United States Creek, Phillip XColumbus, OH United States Westfall, Donald XColumbus, OH United States Jacobs, Tom XColumbus, OH United States M/I Homes, Inc.XColumbus, OH United States Signature of officer administering oath 6 AFFIX NOTARY STAMP / SEAL ABOVE Signature of authorized agent of contracting business entity Title of officer administering oath I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Sworn to and subscribed before me, by the said _____________________________________, this the ____________ day of ______________, 20________, to certify which, witness my hand and seal of office. AFFIDAVIT Printed name of officer administering oath Check only if there is NO Interested Party.5 Version V1.0.277www.ethics.state.tx.usForms provided by Texas Ethics Commission RESOLUTION R-16-4045 A RESOLUTION APPROVING A CITY-DEVELOPER AGREEMENT WITH M/I HOMES OF DFW, LLC, FOR THE PURPOSES OF THE REIMBURSEMENT OF THE CONSTRUCTION COSTS OF THE WATERLINE CONNECTION ASSOCIATED WITH THE CREEKSIDE AT COLLEYVILLE DEVELOPMENT-PHASE 5 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the City Council approved Ordinance O-13-1899 approving the Creekside at Colleyville development; and WHEREAS, M/I Homes of DFW, LLC, the developer, in the process of constructing Creekside at Colleyville - Phase 5 development identified public infrastructure that did not exist; and WHEREAS, M/I Homes of DFW, LLC, chose to proceed with the construction of the additional public infrastructure prior to having an approved reimbursement agreement; and WHEREAS, M/I Homes of DFW, LLC is requesting reimbursement of associated costs incurred in the construction of the additional public infrastructure in the attached Exhibit “A”, labeled City/Developer Agreement (CDA). NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the CDA between M/I Homes of DFW, LLC, and the City of Colleyville for the reimbursement of the associated costs incurred in the construction of the additional public infrastructure to Creekside at Colleyville - Phase 5, attached as Exhibit “A”, is hereby approved. Sec. 2. THAT the CDA shall be executed upon the signature of the city manager. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF __ AYES, __ NAYS, AND ___ ABSTENTIONS ON THIS THE 18TH DAY OF OCTOBER 2016. Resolution R-16-4045 Page 2 of 2 Mayor Richard Newton Mayor Pro Tem Chris Putnam Place 1, Tammy Nakamura Place 5, Nancy Coplen Place 2, Bobby Lindamood Place 6, Mike Taylor Place 4, Jody Short ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor     City of Colleyville City/Developer Agreement Creekside at Colleyville Development Phase 5 STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That M/I Homes of DFW, LLC a Texas limited liability company organized under the laws of The State of Texas (and any assigns thereto), hereafter called “Owner/Developer”, and the CITY OF COLLEYVILLE, Tarrant County, Texas, hereafter called “City”, enter into the following agreement (“The Agreement”). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, in consideration of the mutual covenants herein contained, and for the purpose of developing the Creekside at Colleyville, hereafter called “Subdivision”, Owner/Developer and the City agree as follows: 1. The Owner/Developer has constructed, pursuant to the final plans, and all applicable local, state, and federal ordinances, codes, and regulations, public improvements for the development of the Subdivision. 2. The Owner/Developer submitted plans and specifications (collectively the “Original Plans”) for the Improvements to the City for review and approval prior to commencing construction on the proposed Improvements. 3. The Original Plans generally include a waterline system that is designed to connect to the existing waterline extensions in the Woodland Hills development, located to the west of the Subdivision, within Phase 5 of the Subdivision. The waterline connection is needed in order to have a properly looped water distribution system and are a requirement of the City of Colleyville for the proposed public improvements. 4. The waterline extensions in the Woodland Hills development were originally a requirement of the public improvements that were associated with Woodland Hills development that were originally designed in June of 1982 as shown in Exhibit “A”. 5. During the construction of the Subdivision the Owner/Developer discovered that the City waterline that was required to be constructed along with the Woodland Hills development did not exist. 6. The Owner/Developer requested assistance from the City in order to address the fact that the City required infrastructure did not exist. 7. The City reviewed the Original Plans for the Subdivision, the requirements for the Woodland Hills development, and the existing public infrastructure that was in constructed. The City confirmed that additional public infrastructure (hereby referred to as “Additional Work”) beyond what was included in the Original Plans would be necessary to adequately serve the Subdivision 8. In order to prevent any delays to the Subdivision and provide for an overall construction cost savings, the Owner/Developer was willing to utilize his existing City approved contractors and materials to perform the “Additional Work” that was outside the scope of the required infrastructure associated with the Subdivision. Exhibit A     9. The Owner/Developer and the City have now agreed upon the need and scope of the “Additional Work”. The “Additional Work” generally includes a waterline extension and connection in Phase 5 of the Creekside at Colleyville Subdivision that connects to the water system in the Woodland Hills development to the Subdivision. 10. The Owner/Developer contracted for the “Additional Work” using reputable contractors. The contract documents required a two-year maintenance bond in the amount of 10% of the construction cost. 11. In consideration of Owner/Developer’s construction of the “Additional Work” and due to the extraordinary cost of the “Additional Work”, which would not have be necessary if it was initially constructed when it was originally required, the City and Owner/Developer agree as follows: a. The City agrees to collect standard City water, sanitary sewer and roadway impact fees (collectively the “Impact Fees”) from any homebuilder (the “Builder”) building in the Subdivision as they request building permits. The fees collected will be consistent with EXHIBIT “B” b. The Owner/Developer has provided the City with As-Built drawings. c. The items set forth on EXHIBIT “C” attached hereto, are specific components of the “Additional Work” to be constructed. City and Owner/Developer agree that the actual costs on Exhibit “C” are a reasonable cost to be incurred by Owner/Developer in the course of constructing the “Additional Work”. d. The City agrees to reimburse the Owner/Developer for actual expenses incurred for the construction of the “Additional Work” as provided for herein. e. The Owner/Developer will be reimbursed only for actual expenses incurred to complete the “Additional Work”. All reimbursements must be applied for by the Owner/Developer and proof of payment is required prior to the issuance of any reimbursement by the City. f. The City agrees to reimburse water impact fees paid for homes in the Subdivision for all expenses incurred by the Owner/Developer for the purposes of constructing the waterlines that are associated with the “Additional Work” in an amount not to exceed $40,345. The reimbursement will be a single lump sum once sufficient water impact fees have been paid to cover the amount of the reimbursement. g. The Owner/Developer agrees that the total amount of reimbursement will be capped at the amount of total $40,345, based on the estimated costs on Exhibit “C”. h. The Owner/Developer agrees the physical improvements shall become the property of the City of Colleyville. 12. This City/Developer Agreement shall not be amended, modified or in any way changed except on the express written agreement of both Owner/Developer and the City 13. Termination. This Agreement shall terminate upon the following: a. By written agreement of the parties; b. Such breach remains uncured for a period of sixty (60) days after written notice by either party in the event the other party breaches the Agreement and thereof, or c. Upon an Event of Bankruptcy or Insolvency.     14. Remedies. If a party defaults hereunder, then the non-defaulting party shall have the right to enforce specific performance of the defaulting party's obligations and/or seek other available remedies at law or in equity against such defaulting party. 15. Notice. All notices required by this Agreement shall be in writing and addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, facsimile with receipt as proof of transmittal, or by hand delivery. If intended for Owner/Developer, to: M/I Homes of DFW, LLC 405 State Highway 121, Suite A-210 Lewisville, Texas 75067 (972) 315-6440 Attention: Gary Rae – Division President I f i n t e n d e d f o r C i t y , t o : W i t h c o p y t o : City of Colleyville B o y l e & L o w r y , L L P A t t n : C i t y M a n a g e r A t t e n t i o n : M a t t h e w B o y l e 100 Main Street 4201 Wingren Plaza, Suite 108 Colleyville, TX 76034 Irving, TX 75062 (817) 503-1059 (Fax) (972) 650-7105 (FAX) 16. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. If for any reason the ownership of the Subdivision should change prior to the acceptance by the City of the Improvements, it is agreed that this City/Developer Agreement and all covenants and obligations hereunder shall become the obligation of the new owner of the Subdivision, who shall acknowledge and agree in writing to be bound by this City/Developer Agreement to the same extent as Owner/Developer. 17. Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the remainder of this City/Developer Agreement shall be enforceable and shall be enforced as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 18. Governing Law. The validity of this City/Developer Agreement and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this City/Developer Agreement shall be in State District Court of Tarrant County, Texas. 19. Entire Agreement. This City/Developer Agreement embodies the complete agreement of the parties hereto; superseding all oral or written, previous and contemporary agreements between the parties relating to the matters in this City/Developer Agreement cannot be modified without written agreement of the parties. 20. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same.     21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. EXECUTED this the ____ day of _______________, 2016. CITY: CITY OF COLLEYVILLE, TEXAS By: ____________________________________ City Manager APPROVED AS TO FORM: By: ___________________________ City Attorney ATTEST: By: ____________________________________ C i t y S e c r e t a r y OWNER/DEVELOPER: M/I Homes of DFW, LLC By:____________________________________     EXHIBIT A     EXHIBIT B Creekside at Colleyville Development Phase 5 Fee Amount Per Lot Number of Lots Total Water Impact Fee $2,491 41 $102,131 Sewer Impact Fee $643 41 $26,363 Roadway Impact Fee $4,941 41 $202,581 Total: $8,075 $331,075     EXHIBIT C Creekside at Colleyville Phase 5 Additional Work - Waterline Costs Description Unit Approx. Quantity Unit Price Total Mobilization LS 1 $2,625 $2,625 Saw and remove existing asphalt SY 12 $78 $936 Replace asphalt SY 12 $157 $1,884 Traffic control LS 1 $840 $840 Tie-in after testing EA 1 $1,260 $1,260 Ductile iron fittings LS 1 $945 $945 Steel plates LS 1 $840 $840 Trench safety LS 1 $525 $525 Testing and Chlorination LS 1 $2,520 $2,520 Blocking CY 1 $210 $210 Furnish and install 8" PVC Certi-lok by boring LF 230 $97 $22,310 Remove and replace 27” RCP LS 1 $4,900 $4,900 Performance, Payment, and Maintenance Bond LS 1 $550 $550 Total: $40,345 SPEAKER CARD Date: Agenda Item Number: �� Item must be completed! For example: 5a (this can be found on the far /eft side of the agenda covv) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to Name: Address: but please record my: h support opposition City: I understand I am limited to speaking for fve minutes. Fo� agenda items not /isted on the agenda as a Pub/ic Hea�ing, City Council cannot respond to speakers in accordance with the Te�cas Open Meetings Law, Chapter 551 of the Texas Loca/� ove�rI(�ment Code. This includes persons speaking under the Citlzen'b° Comments section of the.aa�nda/ /n Signed: `� '� cal� Y� T s information is a Pub/ic Record City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6b Agenda Date 10/18/2016 Number Resolution R-16-4046 Type Resolution Department Public Works Title Approval of a City-Developer Agreement with Mainvue Tx, LLC, for the reimbursement of the construction costs of the waterline along Cheek-Sparger Road associated with the Creekside at Colleyville Development - Phase 3, and authorize the city manager to execute the agreement Strategy Map Connection B3- Utilize partnerships to implement cost-effective service solutions Explanation Reading and Public Hearing The purpose of this item is to consider the approval of the attached City-Developer Agreement (CDA). As a result of a waterline extension, which was part of the required public infrastructure of the Woodland Hills subdivision development, not being constructed in the 1980’s, Mainvue Tx, LLC, the developer of Creekside at Colleyville Phase 3, is requesting consideration of the proposed City-Developer Agreement. The purpose of the agreement is to reimburse the costs incurred during the construction of the previously required public infrastructure. On December 17, 2013, the City Council approved the attached PUD Ordinance O-13- 1899, which allows for the Creekside at Colleyville Development - Phase 3, located on approximately 24 acres near the intersection of Cheek-Sparger Road and Heritage Avenue. The phasing for the Creekside at Colleyville Development is shown on the Creekside at Colleyville Development attachment. This phase of the development includes 89 single family residential lots. The entire Creekside at Colleyville Development includes a total of 228 residential lots. The developer, Mainvue Tx, LLC, submitted plans and specifications for the Creekside at Colleyville Development - Phase 3 Improvements to the City for review and approval prior to commencing construction on the proposed improvements. The plans included a proposed waterline system designed to connect to the existing waterline extensions in the Woodland Hills development, located to the west of the Creekside subdivision. This waterline connection was needed in order to have a properly looped water distribution system. The waterline extensions in the Woodland Hills development were originally a requirement of the public improvements that were associated with the Woodland Hills City of Colleyville Page 2 City Council Agenda Briefing 6b development that were designed in June of 1982 as shown in Exhibit “A”. The waterlines included with the Woodland Hills development were designed to allow the water system to be properly circulated and connected to a future development. The waterlines would also provide future utility access for the property that was to the west of the Woodland Hills development. These types of utility connections are needed and are beneficial between subdivisions to ensure the water system is properly circulated and that adequate emergency flows are available. During the construction of the Creekside at Colleyville Development - Phase 3, the developer discovered that the City waterline along Cheek-Sparger Road within the Woodland Hills development did not exist. The developer requested assistance from the City in order to address the public infrastructure that was not constructed in the 1980's. The City reviewed the original plans for the Creekside at Colleyville subdivision, the requirements for the Woodland Hills development, and the existing public infrastructure that was constructed. The City confirmed that additional public infrastructure (hereby referred to as “Additional Work”) beyond what was included in the original Creekside at Colleyville-Phase 3 plans would be necessary to adequately serve the new subdivision. Developer’s Proposal - In order to prevent any delays to the Creekside at Colleyville subdivision and provide an overall cost savings, the developer was willing to utilize his existing City approved contractors and materials to perform the additional work that was outside the scope of the required infrastructure associated with the Creekside at Colleyville - Phase 3 new subdivision and request reimbursement of the associated costs at a later date. The additional work included the installation of a new waterline and drainage improvements to the adjacent parkway. The drainage improvements included the installation of a 24” storm drain line that would convey storm water underground instead of a drainage swale. The cost breakdown for the additional work is as follows: Creekside at Colleyville Phase 3 - Additional Work - Waterline Description Unit Approx. Quantity Unit Price Total Waterline - Existing Utility Locating LS 1 $3,750 $3,750 Waterline - 12" PVC LF 107 $30 $3,210 Waterline - Franchise Utility Coordination LS 1 $11,290 $11,290 Waterline - Remove and replace 10" Gate Valve LS 1 $2,500 $2,500 Waterline - Mobilization LS 1 $2,500 $2,500 Waterline Total:$23,250 City of Colleyville Page 3 City Council Agenda Briefing 6b Creekside at Colleyville Phase 3 - Additional Work - Drainage Improvements Description Unit Approx. Quantity Unit Price Total Parkway - Franchise Utility Coordination LS 1 $3,750 $3,750 Parkway - Mobilization LS 1 $2,500 $2,500 Parkway - Erosion Control LS 1 $2,500 $2,500 Parkway - Furnish and Install 18" RCP LF 20 $50 $1,000 Parkway - Furnish and Install 24" RCP LF 659 $45 $29,655 Parkway - 3' x 3' Grate inlet EA 3 $3,795 $11,385 Parkway - Trench safety plan adjustment EA 1 $10 $10 Parkway - Connection to existing 24” RCP EA 1 $605 $605 Parkway –Convert 4’ wye inlet to junction box EA 1 $850 $850 Parkway - Filter Fabric for RCP LF 659 $3.50 $2,306.50 Parkway – Additional Grading Work EA 1 $1,485 $1,485 Parkway – 24” RCP Restocking Fee EA 1 $2,000 $2,000 Parkway Total:$58,046.50 Reimbursement of Costs - This work has resulted in an increased cost of public infrastructure for the development, therefore the developer is requesting to be reimbursed for the expenses that were accrued during the construction of the additional work. Proposed City/Developer Agreement - The proposed City-Developer Agreement establishes the criteria and guidelines for the reimbursement of the actual expense associated with the additional work. The funding for the reimbursement may be derived from existing drainage funds and the water impact fees. The cost of the additional work is being proposed to be reimbursed to the owner in a single lump sum once sufficient water impact fees have been paid to cover the amount of the water impact fee reimbursement. The Creekside at Colleyville Development - Phase 3 includes a total of 89 lots. The total of water impact fees associated with the phase of the development is shown in the following table: Fee Amount Per Lot Number of Lots Total Water Impact Fee $2,491 89 $221,699 The proposed agreement establishes: City of Colleyville Page 4 City Council Agenda Briefing 6b 1.The City agrees to reimburse Owner/Developer for the water impact fees paid for homes in the Subdivision for all expenses incurred by the Owner/Developer for the purposes of constructing the Creekside at Colleyville-Phase 3 additional work – Waterline Improvements that are associated with the additional work in an amount not to exceed $23,250. The reimbursement will be a single lump sum payment made by the City once sufficient water impact fees have been paid by the developer to cover the amount of the reimbursement. 2.The City agrees to reimburse Owner/Developer for all expenses incurred by the Owner/Developer for the purposes of constructing the Creekside at Colleyville Phase 3 Additional Work - Drainage Improvements in an amount not to exceed $58,046.50. The reimbursement will be a single lump sum payment made in conjunction with the reimbursement for the Creekside at Colleyville-Phase 3 Additional Work – Waterline Improvements. 3. The total amount of reimbursement will be capped at a total amount of $81,296.50. The proposed agreement has been reviewed by the City Attorney. Financial Impact This agreement will result in a reimbursement to the developer of paid impact fees and drainage fee funds in an amount of $81,296.50. The total reimbursement of the water impact fees is capped at $23,250 about 10% of what will be collected for the development phase. The total reimbursement amount from the drainage fee funds is capped at $58,046.50. Recommendation Approve Attachments 1.Proposed City Developer Agreement 2.Ordinance O-13-1899 3.Exhibit A 4.Exhibit B 5.Creekside at Colleyville Phasing 6.Resolution R-16-4046 RESOLUTION R-16-4046 A RESOLUTION APPROVING A CITY/DEVELOPER AGREEMENT WITH MAINVUE TX, LLC, FOR THE REIMBURSEMENT OF THE CONSTRUCTION COSTS OF THE WATER LINE ALONG CHEEK- SPARGER ROAD ASSOCIATED WITH THE CREEKSIDE AT COLLEYVILLE DEVELOPMENT-PHASE 3 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the City Council approved Ordinance O-13-1899 approving the Creekside at Colleyville development; and WHEREAS, Mainvue TX, LLC, the developer, in the process of constructing Creekside at Colleyville - Phase 3 development identified public infrastructure that did not exist along Cheek-Sparger Road; and WHEREAS, Mainvue TX, LLC, chose to proceed with the construction of the a dditional public infrastructure prior to having an approved reimbursement agreement; and WHEREAS, Mainvue TX, LLC, is requesting reimbursement of associated costs incurred in the construction of the additional public infrastructure along Cheek-Sparger Road in the attached Exhibit “A”, labeled City/Developer Agreement (CDA). NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the CDA between Mainvue TX, LLC, and the City of Colleyville for the reimbursement of the associated costs incurred in the construction of the additional public infrastructure along Cheek-Sparger Road to Creekside at Colleyville - Phase 3 , attached as Exhibit “A”, is hereby approved. Sec. 2. THAT the CDA shall be executed upon the signature of the city manager. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ________ AYES, ________NAYS, AND ________ ABSTENTIONS ON THIS THE 18TH DAY OF OCTOBER 2016. Resolution R-16-4046 Page 2 of 2 Mayor Richard Newton Mayor Pro Tem Chris Putnam Place 1, Tammy Nakamura Place 5, Nancy Coplen Place 2, Bobby Lindamood Place 6, Mike Taylor Place 4, Jody Short ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor     City of Colleyville City/Developer Agreement Creekside at Colleyville Development Phase 3 STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That Mainvue Tx, LLC, a Texas limited liability company organized under the laws of The State of Texas (and any assigns thereto), hereafter called “Owner/Developer”, and the CITY OF COLLEYVILLE, Tarrant County, Texas, hereafter called “City”, enter into the following agreement (“The Agreement”). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, in consideration of the mutual covenants herein contained, and for the purpose of developing the Creekside at Colleyville, hereafter called “Subdivision”, Owner/Developer and the City agree as follows: 1. The Owner/Developer has constructed, pursuant to the final plans, and all applicable local, state, and federal ordinances, codes, and regulations, public improvements for the development of the Subdivision. 2. The Owner/Developer submitted plans and specifications (collectively the “Original Plans”) for the Improvements to the City for review and approval prior to commencing construction on the proposed Improvements. 3. The Original Plans generally include a waterline system that is designed to connect to the existing waterline extensions in the Woodland Hills development, located to the west of the Subdivision, at two separate locations within Phases 3 of the Subdivision. These waterline connections are needed in order to have a properly looped water distribution system and are a requirement of the City of Colleyville for the proposed public improvements. 4. The waterline extensions in the Woodland Hills development were originally a requirement of the public improvements that were associated with Woodland Hills development that were originally designed in June of 1982 as shown in Exhibit “A”. 5. During the construction of the Subdivision the Owner/Developer discovered that the City waterline that was required to be constructed along with the Woodland Hills development did not exist. 6. The Owner/Developer requested assistance from the City in order to address the fact that the City required infrastructure did not exist. 7. The City reviewed the Original Plans for the Subdivision, the requirements for the Woodland Hills development, and the existing public infrastructure that was in constructed. The City confirmed that additional public infrastructure (hereby referred to as “Additional Work”) beyond what was included in the Original Plans would be necessary to adequately serve the Subdivision. 8. In order to prevent any delays to the Subdivision and provide for overall construction cost savings, the Owner/Developer was willing to utilize his existing City approved contractors and materials to perform the “Additional Work” that was outside the scope of the required infrastructure associated with the Subdivision. 9. The Owner/Developer and the City have agreed upon the need and scope of the “Additional Work”. The “Additional Work” generally includes a waterline extension in Creekside at Colleyville Development Phase Exhibit A     3 that connects to the water system in the Woodland Hills development to the Subdivision, along the parkway of Cheek-Sparger Road adjacent to the Creekside at Colleyville Development Phase 3, to allow for the waterline extension to be installed. 10. The Owner/Developer contracted for the “Additional Work” using reputable contractors. The contract documents required a two-year maintenance bond in the amount of 10% of the construction cost. 11. In consideration of Owner/Developer’s construction of the “Additional Work” and due to the extraordinary cost of the “Additional Work”, which would not have be necessary if it was initially constructed when it was originally required, the City and Owner/Developer agree as follows: a. The City agrees to collect standard City water, sanitary sewer and roadway impact fees (collectively the “Impact Fees”) from any homebuilder (the “Builder”) building in the Subdivision as they request building permits. The fees collected will be consistent with EXHIBIT “B” b. The Owner/Developer has provided the City with As-Built drawings. c. The items set forth on EXHIBIT “C” attached hereto, are specific components of the “Additional Work” to be constructed. City and Owner/Developer agree that the actual costs on Exhibit “C” are a reasonable cost to be incurred by Owner/Developer in the course of constructing the “Additional Work”. d. The City agrees to reimburse the Owner/Developer for actual expenses incurred for the construction of the “Additional Work” as provided for herein. e. The Owner/Developer will be reimbursed only for actual expenses incurred to complete the “Additional Work”. All reimbursements must be applied for by the Owner/Developer and proof of payment is required prior to the issuance of any reimbursement by the City. f. The City agrees to reimburse Owner/Developer for the water impact fees paid for homes in the Subdivision for all expenses incurred by the Owner/Developer for the purposes of constructing the Creekside at Colleyville Phase 3 Additional Work – Waterline Improvements that are associated with the “Additional Work” in an amount not to exceed $23,250. The reimbursement will be a single lump sum payment made by the City once sufficient water impact fees have been paid by the developer to cover the amount of the reimbursement. g. The City agrees to reimburse Owner/Developer for all expenses incurred by the Owner/Developer for the purposes of constructing the Creekside at Colleyville Phase 3 Additional Work - Drainage Improvements in an amount not to exceed $58,046.50. The reimbursement will be a single lump sum payment made in conjunction with the reimbursement for the Creekside at Colleyville Phase 3 Additional Work – Waterline Improvements. h. The Owner/Developer agrees that the total amount of reimbursement will be capped at the amount of total $81,296.50, based on the estimated costs on Exhibit “C”. i. The Owner/Developer agrees the physical improvements shall become the property of the City of Colleyville. 12. This City/Developer Agreement shall not be amended, modified or in any way changed except on the express written agreement of both Owner/Developer and the City 13. Termination. This Agreement shall terminate upon the following:     a. By written agreement of the parties; b. Such breach remains uncured for a period of sixty (60) days after written notice by either party in the event the other party breaches the Agreement and thereof, or c. Upon an Event of Bankruptcy or Insolvency. 14. Remedies. If a party defaults hereunder, then the non-defaulting party shall have the right to enforce specific performance of the defaulting party's obligations and/or seek other available remedies at law or in equity against such defaulting party. 15. Notice. All notices required by this Agreement shall be in writing and addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, facsimile with receipt as proof of transmittal, or by hand delivery. If intended for Owner/Developer, to: MainVue Tx, LLC 11100 Main Street, Suite 100 Bellevue, Washington 98004 (425) 709-6527 Attention : Lisa Cavell I f i n t e n d e d f o r C i t y , t o : W i t h c o p y t o : City of Colleyville B o y l e & L o w r y , L L P A t t n : C i t y M a n a g e r A t t e n t i o n : M a t t h e w B o y l e 100 Main Street 4201 Wingren Plaza, Suite 108 Colleyville, TX 76034 Irving, TX 75062 (817) 503-1059 (Fax) (972) 650-7105 (FAX) 16. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. If for any reason the ownership of the Subdivision should change prior to the acceptance by the City of the Improvements, it is agreed that this City/Developer Agreement and all covenants and obligations hereunder shall become the obligation of the new owner of the Subdivision, who shall acknowledge and agree in writing to be bound by this City/Developer Agreement to the same extent as Owner/Developer. 17. Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the remainder of this City/Developer Agreement shall be enforceable and shall be enforced as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 18. Governing Law. The validity of this City/Developer Agreement and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this City/Developer Agreement shall be in State District Court of Tarrant County, Texas.     19. Entire Agreement. This City/Developer Agreement embodies the complete agreement of the parties hereto; superseding all oral or written, previous and contemporary agreements between the parties relating to the matters in this City/Developer Agreement cannot be modified without written agreement of the parties. 20. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. EXECUTED this the ____ day of _______________, 2016. CITY: CITY OF COLLEYVILLE, TEXAS By: ____________________________________ City Manager APPROVED AS TO FORM: By: ___________________________ City Attorney ATTEST: By: ____________________________________ C i t y S e c r e t a r y OWNER/DEVELOPER: MainVue Tx, LLC By:____________________________________ EXHIBIT A     EXHIBIT B     Creekside at Colleyville Development Phase 3 Fee Amount Per Lot Number of Lots Total Water Impact Fee $2,491 89 $221,699 Sewer Impact Fee $643 89 $57,227 Roadway Impact Fee $4,941 89 $439,749 Total: $8,075 $718,675     EXHIBIT C Creekside at Colleyville Phase 3 Additional Work - Waterline Description Unit Approx. Quantity Unit Price Total Waterline - Existing Utility Locating LS 1 $3,750 $3,750 Waterline - 12" PVC LF 107 $30 $3,210 Waterline - Franchise Utility Coordination LS 1 $11,290 $11,290 Waterline - Remove and replace 10" Gate Valve LS 1 $2,500 $2,500 Waterline - Mobilization LS 1 $2,500 $2,500 Waterline Total: $23,250 Creekside at Colleyville Phase 3 Additional Work - Drainage Improvements Description Unit Approx. Quantity Unit Price Total Parkway - Franchise Utility Coordination LS 1 $3,750 $3,750 Parkway - Mobilization LS 1 $2,500 $2,500 Parkway - Erosion Control LS 1 $2,500 $2,500 Parkway - Furnish and Install 18" RCP LF 20 $50 $1,000 Parkway - Furnish and Install 24" RCP LF 659 $45 $29,655 Parkway - 3' x 3' Grate inlet EA 3 $3,795 $11,385 Parkway - Trench safety plan adjustment EA 1 $10 $10 Parkway - Connection to existing 24” RCP EA 1 $605 $605 Parkway –Convert 4’ wye inlet to junction box EA 1 $850 $850 Parkway - Filter Fabric for RCP LF 659 $3.50 $2,306.50 Parkway – Additional Grading Work EA 1 $1,485 $1,485 Parkway – 24” RCP Restocking Fee EA 1 $2,000 $2,000 Parkway Total: $58,046.50 ORDINANCE 0-13-1899 AN ORDINANCE AMENDING ORDINANCE 0-07-1645 AND ORDINANCE 0-13-1866 CONDITIONS AND AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 4.4 ACRES LOCATED IN THE JESSE DOSS SURVEY AT THE NORTHWEST CORNER OF CHEEK-SPARGER ROAD AND HERITAGE AVENUE FROM THE AG- AGRICULTURAL DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY j 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 Council approved Ordinance 0-07-1645 on November 27, 2007, to establish the zoning of 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 under case 2-07- 008; and WHEREAS, the City Council approved Ordinance 0-13-1866 on March 5, 2013, amending Ordinance 0-07-1645 conditions and approving a detailed site plan for phase one of the development under case ZC12-031; and WHEREAS, the applicant has requested an amendment to Ordinance 0-07- 1645 and Ordinance 0-13-1866 and requests to rezone 4.4 acres located in the Jesse Doss Survey at the northwest corner of Cheek-Sparger Road and Heritage Avenue, acquired from the City of Euless in a boundary adjustment approved under Ordinance 0-12-1828, so as to incorporate the property into the PUD authorized by Ordinance 0-07-1645 under Case 2-07- 008 and approve a detailed site plan for phase two of the development; 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 Ordinance 0-13-1899 Page 2 of 6 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 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, to 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 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 amending Ordinance 0-07-1645 and Ordinance 0-13-1866. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by Ordinance 0-13-1899 Page 3 of 6 changing the zoning of 4.4 acres located in the Jesse Doss Survey at the northwest corner of Cheek-Sparger Road and Heritage Avenue from the AG-Agricultural District to the PUD-R- Planned Unit Development Residential District, as depicted in the attached Exhibit "A" and described in Exhibit "B". Sec. 4. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. DETAILED SITE PLAN REQUIREMENT a. Exhibit "C" shall be deemed to satisfy the site plan requirements of Ordinance 0-07-1645 Section 4(2)a and Ordinance 0-13-1866 Section 5(1)b. A full size copy of the site plan shall be kept on file in the Community Development Department until the final plat is approved, at which time a copy of the detailed site plan shall be kept in the plat file for this development. The phase two final plat shall be consistent with Exhibit "C". 2. GENERAL AMENDMENTS a. Section 5(2)e of Ordinance 0-13-1866 is hereby deleted. b. The developer may enter into a City/Developer Agreement with the City of Colleyville for any required public improvements, in conjunction with this development. Said agreement, if submitted, shall be approved and executed prior to the filing of the final plat for phase two of the development. c. Prior to the issuance of a building permit for the 1.9 acre commercial tract shown at the southwest corner of the development on Exhibit C, the developer shall submit a detailed site plan which shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with Ordinance 0-07-1645 and any subsequent amendments, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) Ordinance 0-13-1899 Page4of6 shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. d. Section 4(7)b of Ordinance 0-07-1645 is hereby amended to read as follows: A six (6) foot masonry wall shall be built along the perimeter of the subdivision along Heritage Avenue, Glade Road and Cheek Sparger Road. The design for such wall shall be stamped and sealed by a licensed engineer. The standards and detail for such wall shall be included as part of the detailed Site Plan and shall, otherwise, meet the requirements of the Land Development Code. e. Except as noted in subsection "d" above and Section 4(7)a and "c" in Ordinance 0-07-1645, all fences shall be constructed per Exhibit D. f. Section 5(2)c of Ordinance 0-13-1866 is hereby amended to read as follows: The ten (10) foot wide concrete trail shown as Trail 24 on the 2005 City of Colleyville Pathways Plan map shall be constructed by the developer along the west side of Heritage Avenue prior to the acceptance of public improvements and shall connect to all other trails noted on the 2005 Colleyville Pathways Plan with the following exceptions: The developer may escrow the cost of constructing the trail in lieu of actual construction only for the portion of the trail that traverses the Little Bear Creek floodplain. If the developer chooses to escrow said funds, the developer shall build a minimum four (4) foot wide sidewalk across Little Bear Creek that links the internal sidewalks in the portion of the development that is south of Little Bear Creek to the internal sidewalks in the portion of the development that is north of Little Bear Creek. Said sidewalk connection shall link to Trail 24 on both sides of Little Bear Creek within a public pedestrian access easement, which shall be dedicated on the final plat(s) for the development. Sec. 6. 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. Ordinance 0-13-1899 Page 5 of 6 Sec. 7. 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. 8. 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. 9. 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. 10. 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. Sec. 11. THAT Ordinance 0-07-1645 and Ordinance 0-13-1866 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of December 2013. The second reading and public hearing being conducted on the 17th day of December 2013. PASSED AND APPROVEQ by the City Council of the City of Colleyville, Texas, on this the I I---'' day of OCC16 1per- 2013. Ordinance 0-13-1899 Page 6 of 6 ATT ST: CITY OF COLLEYVILLE 14 Am helle T I C David KellY Y City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: In Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map 1 iI;C .1,040 im . _,,.. , Rite:gatM ,,,,, _ _ _, __ _ i x rid -; i +es EE` City of Euless Y iI- Q 4 _ ® Legendc.u..w C7 Ili - W subject Igg -Lola - AG Agricultural r--eff -1 - 11',- I - CC-1 Village Retailtail 20 CC-2 Shopping Centernter L;.. : Mesa CC-3 Highway Commercial CN Neighborhood Commercial CPO Professional Office ML Light Manufacturing PUD-C Planned Unit Development,Commercial PUD-R Planned Unit Development,Residential 4! R-10 Single Family Residential(10.000 sq.ft.min) III Ile C 1 R-15 Single Family Residential(15,000 sq.ft.min) r C I R-20 Single Family Residential(20.000 sq.ft.min) C R-30 Single Family Residential(30,000 sq.ft.min) min'" R-40 Single Family Residential(40.000 sq.ft min) tsta Q p R-MF Multi-Family Residential KEP Subject1d_do RD Two Family Residential Property RE Single Family'Estate'Residential 7, N City of Bedford i Exhibit "B" - Legal Description of Property Zoned from AG-Agricultural to PUD-R-Planned Unit Development Residential Being the certain tract of land situated in the J. DOSS SURVEY, Abstract No. 441 and being a portion of the Ordinance No. 192 to City of Euless and a portion of the tract described in the deed to Sparger Family limited Partnership as recorded in Volume 16472, Page 390 of Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a point at the intersection of the Colleyville City Limit and the Bedford City Limit boundaries from which a 5/8" iron rod found for the southwest corner of said Sparger tract bears North 69°11'27" West at 207.68 feet; THENCE North 00°07'13" West, 25.16 feet to the beginning of a curve to the left; THENCE northeasterly with said curve to the left, having a radius of 843.63 feet, a central angle of 37°42'05", an arc length of 250.26 feet to the apparent intersection of the north right-of-way of said Cheek Sparger Road and the east right-of-way line of Heritage Avenue, continuing with said east right-of-way line a total arc length of 1281.93 feet and a long chord of North 42°29'27" East at 1162.08 feet to a 5/8 inch iron rod found for the end of said curve, same being the merging of the east right-of- way line of Woodpark Lane; THENCE South 01°02'49" East with said east right-of-way line of Woodpark Lane, 750.80 feet to the southwest corner of the tract described to Charles A. Hoel, Jr. and wife, Mary lea Hoel as recorded in Volume 3522, Page 540 of said Deed Records; THENCE South 89°57'50" East with the south line of said Hoel tract, approximately 38.00 feet to the northwest corner of the tract described to Cheek-Sparger Properties, LLP., as recorded in Document No. 0206013089 of said Deed Records; THENCE South 05°10'42" East, 58.85 feet to the beginning of a curve to the right; THENCE southeasterly with said curve to the right, having a radius of 1058.63 feet, a central angle of 12°33'23", an arc length of 232.00 feet and a long chord of South 71°31'54" East at 231.54 feet; THENCE South 65°18'09" East, 4.39 feet to said north City limit line of the City of Bedford and south City Limit line of the City of Colleyville; THENCE North 89°52'47" West with said common City Limit line, 1065.70 feet to the place of beginning and containing 4.438 acres of land, more or less. 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DiagramK(1 SECTION OF WATERLINE THAT WAS NOT CONSTRUCTED AS ORGINALLY REQUIRED EXHIBIT A Exhibit B Parkway Prior to the Creekside at Colleyville Development Phase - 3 Parkway after the Creekside at Colleyville Development Phase - 3 ¯Creekside at Colleyville Development Phase I Phase II Phase IV Phase V Phase III Glade Road He r i t a g e A v e n u e Cheek-Sparger Road RESOLUTION R-16-4046 A RESOLUTION APPROVING A CITY/DEVELOPER AGREEMENT WITH MAINVUE TX, LLC, FOR THE REIMBURSEMENT OF THE CONSTRUCTION COSTS OF THE WATER LINE ALONG CHEEK-SPARGER ROAD ASSOCIATED WITH THE CREEKSIDE AT COLLEYVILLE DEVELOPMENT-PHASE 3 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the City Council approved Ordinance O-13-1899 approving the Creekside at Colleyville development; and WHEREAS, Mainvue TX, LLC, the developer, in the process of constructing Creekside at Colleyville - Phase 3 development identified public infrastructure that did not exist along Cheek-Sparger Road; and WHEREAS, Mainvue TX, LLC, chose to proceed with the construction of the additional public infrastructure prior to having an approved reimbursement agreement; and WHEREAS, Mainvue TX, LLC, is requesting reimbursement of associated costs incurred in the construction of the additional public infrastructure along Cheek-Sparger Road in the attached Exhibit “A”, labeled City/Developer Agreement (CDA). NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the CDA between Mainvue TX, LLC, and the City of Colleyville for the reimbursement of the associated costs incurred in the construction of the additional public infrastructure along Cheek-Sparger Road to Creekside at Colleyville - Phase 3, attached as Exhibit “A”, is hereby approved. Sec. 2. THAT the CDA shall be executed upon the signature of the city manager. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 18TH DAY OF OCTOBER 2016. Resolution R-16-4046 Page 2 of 2 Mayor Richard Newton Mayor Pro Tem Chris Putnam Place 1, Tammy Nakamura Place 5, Nancy Coplen Place 2, Bobby Lindamood Place 6, Mike Taylor Place 4, Jody Short ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor     City of Colleyville City/Developer Agreement Creekside at Colleyville Development Phase 3 STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: That Mainvue Tx, LLC, a Texas limited liability company organized under the laws of The State of Texas (and any assigns thereto), hereafter called “Owner/Developer”, and the CITY OF COLLEYVILLE, Tarrant County, Texas, hereafter called “City”, enter into the following agreement (“The Agreement”). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, in consideration of the mutual covenants herein contained, and for the purpose of developing the Creekside at Colleyville, hereafter called “Subdivision”, Owner/Developer and the City agree as follows: 1. The Owner/Developer has constructed, pursuant to the final plans, and all applicable local, state, and federal ordinances, codes, and regulations, public improvements for the development of the Subdivision. 2. The Owner/Developer submitted plans and specifications (collectively the “Original Plans”) for the Improvements to the City for review and approval prior to commencing construction on the proposed Improvements. 3. The Original Plans generally include a waterline system that is designed to connect to the existing waterline extensions in the Woodland Hills development, located to the west of the Subdivision, at two separate locations within Phases 3 of the Subdivision. These waterline connections are needed in order to have a properly looped water distribution system and are a requirement of the City of Colleyville for the proposed public improvements. 4. The waterline extensions in the Woodland Hills development were originally a requirement of the public improvements that were associated with Woodland Hills development that were originally designed in June of 1982 as shown in Exhibit “A”. 5. During the construction of the Subdivision the Owner/Developer discovered that the City waterline that was required to be constructed along with the Woodland Hills development did not exist. 6. The Owner/Developer requested assistance from the City in order to address the fact that the City required infrastructure did not exist. 7. The City reviewed the Original Plans for the Subdivision, the requirements for the Woodland Hills development, and the existing public infrastructure that was in constructed. The City confirmed that additional public infrastructure (hereby referred to as “Additional Work”) beyond what was included in the Original Plans would be necessary to adequately serve the Subdivision. 8. In order to prevent any delays to the Subdivision and provide for overall construction cost savings, the Owner/Developer was willing to utilize his existing City approved contractors and materials to perform the “Additional Work” that was outside the scope of the required infrastructure associated with the Subdivision. 9. The Owner/Developer and the City have agreed upon the need and scope of the “Additional Work”. The “Additional Work” generally includes a waterline extension in Creekside at Colleyville Development Phase Exhibit A     3 that connects to the water system in the Woodland Hills development to the Subdivision, along the parkway of Cheek-Sparger Road adjacent to the Creekside at Colleyville Development Phase 3, to allow for the waterline extension to be installed. 10. The Owner/Developer contracted for the “Additional Work” using reputable contractors. The contract documents required a two-year maintenance bond in the amount of 10% of the construction cost. 11. In consideration of Owner/Developer’s construction of the “Additional Work” and due to the extraordinary cost of the “Additional Work”, which would not have be necessary if it was initially constructed when it was originally required, the City and Owner/Developer agree as follows: a. The City agrees to collect standard City water, sanitary sewer and roadway impact fees (collectively the “Impact Fees”) from any homebuilder (the “Builder”) building in the Subdivision as they request building permits. The fees collected will be consistent with EXHIBIT “B” b. The Owner/Developer has provided the City with As-Built drawings. c. The items set forth on EXHIBIT “C” attached hereto, are specific components of the “Additional Work” to be constructed. City and Owner/Developer agree that the actual costs on Exhibit “C” are a reasonable cost to be incurred by Owner/Developer in the course of constructing the “Additional Work”. d. The City agrees to reimburse the Owner/Developer for actual expenses incurred for the construction of the “Additional Work” as provided for herein. e. The Owner/Developer will be reimbursed only for actual expenses incurred to complete the “Additional Work”. All reimbursements must be applied for by the Owner/Developer and proof of payment is required prior to the issuance of any reimbursement by the City. f. The City agrees to reimburse Owner/Developer for the water impact fees paid for homes in the Subdivision for all expenses incurred by the Owner/Developer for the purposes of constructing the Creekside at Colleyville Phase 3 Additional Work – Waterline Improvements that are associated with the “Additional Work” in an amount not to exceed $23,250. The reimbursement will be a single lump sum payment made by the City once sufficient water impact fees have been paid by the developer to cover the amount of the reimbursement. g. The City agrees to reimburse Owner/Developer for all expenses incurred by the Owner/Developer for the purposes of constructing the Creekside at Colleyville Phase 3 Additional Work - Drainage Improvements in an amount not to exceed $58,046.50. The reimbursement will be a single lump sum payment made in conjunction with the reimbursement for the Creekside at Colleyville Phase 3 Additional Work – Waterline Improvements. h. The Owner/Developer agrees that the total amount of reimbursement will be capped at the amount of total $81,296.50, based on the estimated costs on Exhibit “C”. i. The Owner/Developer agrees the physical improvements shall become the property of the City of Colleyville. 12. This City/Developer Agreement shall not be amended, modified or in any way changed except on the express written agreement of both Owner/Developer and the City 13. Termination. This Agreement shall terminate upon the following:     a. By written agreement of the parties; b. Such breach remains uncured for a period of sixty (60) days after written notice by either party in the event the other party breaches the Agreement and thereof, or c. Upon an Event of Bankruptcy or Insolvency. 14. Remedies. If a party defaults hereunder, then the non-defaulting party shall have the right to enforce specific performance of the defaulting party's obligations and/or seek other available remedies at law or in equity against such defaulting party. 15. Notice. All notices required by this Agreement shall be in writing and addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, facsimile with receipt as proof of transmittal, or by hand delivery. If intended for Owner/Developer, to: MainVue Tx, LLC 11100 Main Street, Suite 100 Bellevue, Washington 98004 (425) 709-6527 Attention : Lisa Cavell I f i n t e n d e d f o r C i t y , t o : W i t h c o p y t o : City of Colleyville B o y l e & L o w r y , L L P A t t n : C i t y M a n a g e r A t t e n t i o n : M a t t h e w B o y l e 100 Main Street 4201 Wingren Plaza, Suite 108 Colleyville, TX 76034 Irving, TX 75062 (817) 503-1059 (Fax) (972) 650-7105 (FAX) 16. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. If for any reason the ownership of the Subdivision should change prior to the acceptance by the City of the Improvements, it is agreed that this City/Developer Agreement and all covenants and obligations hereunder shall become the obligation of the new owner of the Subdivision, who shall acknowledge and agree in writing to be bound by this City/Developer Agreement to the same extent as Owner/Developer. 17. Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the remainder of this City/Developer Agreement shall be enforceable and shall be enforced as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. 18. Governing Law. The validity of this City/Developer Agreement and any of its terms and provisions, as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this City/Developer Agreement shall be in State District Court of Tarrant County, Texas.     19. Entire Agreement. This City/Developer Agreement embodies the complete agreement of the parties hereto; superseding all oral or written, previous and contemporary agreements between the parties relating to the matters in this City/Developer Agreement cannot be modified without written agreement of the parties. 20. Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. EXECUTED this the ____ day of _______________, 2016. CITY: CITY OF COLLEYVILLE, TEXAS By: ____________________________________ City Manager APPROVED AS TO FORM: By: ___________________________ City Attorney ATTEST: By: ____________________________________ C i t y S e c r e t a r y OWNER/DEVELOPER: MainVue Tx, LLC By:____________________________________ EXHIBIT A     EXHIBIT B     Creekside at Colleyville Development Phase 3 Fee Amount Per Lot Number of Lots Total Water Impact Fee $2,491 89 $221,699 Sewer Impact Fee $643 89 $57,227 Roadway Impact Fee $4,941 89 $439,749 Total: $8,075 $718,675     EXHIBIT C Creekside at Colleyville Phase 3 Additional Work - Waterline Description Unit Approx. Quantity Unit Price Total Waterline - Existing Utility Locating LS 1 $3,750 $3,750 Waterline - 12" PVC LF 107 $30 $3,210 Waterline - Franchise Utility Coordination LS 1 $11,290 $11,290 Waterline - Remove and replace 10" Gate Valve LS 1 $2,500 $2,500 Waterline - Mobilization LS 1 $2,500 $2,500 Waterline Total: $23,250 Creekside at Colleyville Phase 3 Additional Work - Drainage Improvements Description Unit Approx. Quantity Unit Price Total Parkway - Franchise Utility Coordination LS 1 $3,750 $3,750 Parkway - Mobilization LS 1 $2,500 $2,500 Parkway - Erosion Control LS 1 $2,500 $2,500 Parkway - Furnish and Install 18" RCP LF 20 $50 $1,000 Parkway - Furnish and Install 24" RCP LF 659 $45 $29,655 Parkway - 3' x 3' Grate inlet EA 3 $3,795 $11,385 Parkway - Trench safety plan adjustment EA 1 $10 $10 Parkway - Connection to existing 24” RCP EA 1 $605 $605 Parkway –Convert 4’ wye inlet to junction box EA 1 $850 $850 Parkway - Filter Fabric for RCP LF 659 $3.50 $2,306.50 Parkway – Additional Grading Work EA 1 $1,485 $1,485 Parkway – 24” RCP Restocking Fee EA 1 $2,000 $2,000 Parkway Total: $58,046.50 SPEAKER CARD Date: �� ��� Agenda Item Number: ���— Item must be completed! For example: 5a (this can be found on the far /eftside of the aaenda covv) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes� No I will speak In Support of this item. �I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: Address: �30/ �lLf,G ��-i/✓"J �� J City: �6(l�=�V' �l� I understand I am /imite to speaking for Fve minutes. For agenda items not /isted on the agenda as a Public Hearing, Ci, ' Counci/ cannot respond to speakers in accordance with the Texas Open Meetings Law, Chaptef 551 of the Texas Loca/ Government Code. This inc/udes persons speaking under the Citizen';.Co/nme/�ts se�n of the agenda Signed: This is a Pub/ic Reco�d City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6c Agenda Date 10/18/2016 Number Resolution R-16-4047 Type Resolution Department City Council Title Approval of a resolution stating City Council's desire to hold joint worksessions/meetings with the Grapevine-Colleyville Independent School District (GCISD) Board of Trustees Strategy Map Connection B4- Cultivate a culture of transparency and consistent communication Explanation This item has been placed on the agenda at the request of Mayor Newton. Financial Impact There is no financial impact to the City. Recommendation None Attachments 1.Resolution R-16-4047 RESOLUTION R-16-4047 A RESOLUTION STATING THE COLLEYVILLE CITY COUNCIL’S DESIRE TO HOLD JOINT WORKSESSIONS/MEETINGS WITH THE GRAPEVINE- COLLEYVILLE INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES WHEREAS, the Colleyville City Council is dedicated to enhancing a high quality of life community to the citizens of Colleyville; and WHEREAS, the Grapevine-Colleyville Independent School District (GCISD) Board of Trustees is dedicated to providing high-performing public schools by empowering students to achieve their full potential in a global society; and WHEREAS, the City and GCISD have many existing partnerships, such as school resource officers, school crossing guards, shared facility usage, tax collection, and are in the process of establishing an additional partnership through a shared fiber optic network; and WHEREAS, the City and GCISD held joint meetings in the past; and WHEREAS, families and children, neighborhoods and schools are critical to the growth, diversity, vibrancy, and economic vitality of Colleyville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT it is in the best interest of all citizens of the City of Colleyville that the City Council and the GCISD Board of Trustees maximize collaboration in and coordination of all major planning efforts by holding joint worksessions/meetings. Sec. 2. THAT the mayor and city manager will work with GCISD to establish such worksession/meeting agendas. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ________ AYES, ________NAYS, AND ________ ABSTENTIONS ON THIS THE 18TH DAY OF OCTOBER 2016. Resolution R-16-4047 Page 2 of 2 Mayor Richard Newton Mayor Pro Tem Chris Putnam Place 1, Tammy Nakamura Place 5, Nancy Coplen Place 2, Bobby Lindamood Place 6, Mike Taylor Place 4, Jody Short ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor Date: � � �� �7 SPEAKER CARD Agenda Item Number: ��; _ Item must be completed! For example: 5a fthis can be found on the far /eft side of the aaenda conv) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No � ,IiFTLIi I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: r support opposition Address: lA� ��'�l/`%��'-� �� City: �G� i/��C•� I understand I am /imited to speaking for fve minutes. For agenda items not /isted on the agenda as a Pub/ic Hearing, City Council cannof respond to speakers in accordance witb the Texas Open Meetings Law, Chapter 551 of t6e Texas Loca/ Government Code. This inc/udes persons speaking under the Citizen's Comment c' n of the agenda. Signed: This a Pub/ic Record Date: �� � / � Agenda Item Number: For example: 5a this SPEAKER CARD �� Item must be completed! Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes _ No I will speak In Support of this item. I will speak In Opposition to this item. I do np t wish to speak, bu.t please record m 1/ it� 1 1 1 n/ y� support opposition Name: Address: � F ` � ��ity: I understand I am /imited to speaking for five minutes, Po� agenda items notl/isted on the agenda as a Pub/ic Hearing, City Counci/ cannot �espond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Te�ces Loca/ Gove�nment Code, This inc/udes persons speaking unde� t6e Citizen's,6'omme�►ts sectio�✓of thn.�na..a� Signed: This inf�ation is a Pub/ic Record SPEAKER CARD Date: �1 ( �' Agenda Item Number: �_ f-- Item must be completed! For example: 5a �this can be found on the far left side of the aoenda covv) Do you have special technology needs, such as loading photos, connecting a laptop or tablet, during your time to speak? Yes No v�I will speak In Support of this item. I will speak In Opposition to this item I do not wish to speak, but please record my: support opposition Name: r��A �_ � / Address: ��I)� ��W�.�� 1'�ue. City: LA�G�(.���a I understand I am limited to speaking for Fve minutes. For agenda items not /isted on the agenda as a Pub/ic Hearing, City Councll cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Government Code. This inc/udes persons speaking unde� the Citizen's Comments s,Fct�"ion of the agenda. Signed: information is a Pub/ic Record COLLEYVILLE NEIGHBORHOOD COUNCIL, Inc. BYLAWS Article I — Name The name of this corporation is the Colleyville Neighborhood Council, Inc. hereafter known as "CNC", a Texas non-profit C-Corporation. Article II — Objectives The purpose of the CNC is to support the residents and neighborhoods of Colleyville by: A. Serving as a non-political, community communication portal; B. Connecting residents, Homeowner Associations (HOAs), and businesses with valuable resources and services; C. Serving as a liaison between residents and the City of Colleyville and vice versa; D. Monitoring development, public infrastructure, and important proposals; E. Providing an unbiased forum to encourage an informed electorate. Article III — Membership 1. General Membership CNC is open to all interested persons and does not discriminate. Active membership in CNC shall not be limited. An active member in good standing is one whose dues are paid for the current fiscal year and is entitled to one vote on CNC matters. Annual membership is based on the fiscal year. 2. There are no Annual Dues for each General Member, but a suggested donation is ten-dollars ($10.00) per year. 3. The membership roster of CNC shall not be used by a member or given to anyone for advertising or solicitation purposes. All membership information shall be kept private outside of the CNC Executive Board except for member names and any information each member chooses to put on their online CNC profile, available for members to view. Article IV — Colleyville Neighborhood Council, inc. Finances 1. Fiscal Year. CNC's fiscal year shall begin on the 1st day of October and end on the 30`h day of September. 2. Annual Membership. Annual membership dues shall be set by the Executive Board. In September, the Vice President of Membership shall send to each member a statement of his/her dues for the ensuing year via the email address listed on their CNC membership information. 3. Annual Budget. Page 1 of S CNC's Annual Budget shall be determined by the Executive Board and presented to the Membership at the first meeting of each fiscal year. Article V — Meetings 1. There shall be four general meetings held quarterly throughout the calendar year set by the Board of Directors. The meetings shall not involve political campaigning on issues or by political candidates and leaders, regardless of the speaker, unless an open candidate forum is held for all candidates to participate in a forum. Any current City Council members or other political ofFicials invited to speak shall keep their comments focused on issues, events, and information sharing. 2. Executive Board meetings will be held as needed, at least once per quarter (prior to the quarterly meeting) and will be set by the Executive Board. 3. Members present at general meetings may vote on all issues pertaining to CNC that require voting. There shall be no absentee voting. Article VI — Officers and their Duties 1. The officers shall be a President, Vice President, Secretary and/or Treasurer. Officers shall assume their duties at the start of the next fiscal year and shall serve a term of one year. Officers shall be eligible for no more than two (2) consecutive elected terms in the same position. Any general member appointed as a Committee Chair is a member of the Executive Committee. Z. Duties of the President: The President shall preside at all general meetings of the CNC, shall hold regular Executive Board meetings, shall be responsible for the appointment of all committee chairpersons, shall act as the primary official representative of the CNC in all public forums, and report back to the CNC on current projects. The President may appoint a committee to review the Bylaws or other issues of interest. The President shall be an ex-officio member of all committees, except the Nominating Committee. 3. Duties of the Vice President: The Vice President shall serve as the Membership Chairperson, shall keep a roll of current members; shall preside over meetings in the absence of the President; and perForm such other duties as directed by the President. The Vice President shall maintain the utmost discretion in protecting the privacy of information provided by members so that it is neither distributed nor abused in any way. 4. Duties of the Treasurer: The Treasurer is a standing member of the committee that prepares the annual budget. The Treasurer shall receive all monies and shall pay all outstanding accounts due. All disbursements will be based on an approved budget and any budget item requiring additional funds must have Executive Board approval. The Treasurer shall make a financial report at all monthly meetings. The Treasurer will file any required federal income tax return by its appropriate due date or will assist the incoming Treasurer if such filing date occurs after the date of a change in the office. Treasurer shall provide a copy of the filed return to all members of the Executive Board. The Treasurer shall present all financial materials for the annual financial review by August 31 to a Financial Review Committee PaRe 2 of 5 consisting of a minimum of three members appointed by the President. The committee shall not include the immediate past or newly elected Treasurers. The Committee shall conclude its audit before the end of September, at which time it will turn over all financial records to the incumbent Treasurer. 5. Duties of the Secretary: The Secretary shall be custodian of a hard copy of the official records of the CNC and shall keep records of all General, and Executive Board meetings submitting factual summary minutes, without commentary or opinion, to the Executive Board for review within one week of the meeting. The Secretary shall present official copies of the approved minutes to the President for signature at the next CNC meeting. At the close of the fiscal year the minutes for the year shall be recorded elertronically in a non- revisable format and a printed copy shall be passed to the incoming Secretary in a binder(s) for future reference by the Executive Board. The Secretary shall also be responsible for maintaining any flyers or news clippings for historical purposes, to be preserved in electronic and hardcopy formats when possible. 5. The Executive Board: The Executive Board shall consist of all elected officers and appointed committee chairs. The Executive Board shall transact the general business of the CNC; consider questions of policy and present recommendations to the CNC for action. The Executive Board will determine the CNC's Fundraising project, if any, for the fiscal year. The Executive Board shall determine the budget for the fiscal year. Meetings of the Executive Board shall be scheduled by the CNC President, and may also be called by a majority of the members of the Executive Board. Voting and attendance may be conducted electronically or by telephone. The Executive Board shall periodically review membership dues and propose revisions determined as necessary for the approval by the regular membership. 6. Vacancies: If a vacancy occurs on the Executive Board, the Executive Board shall appoint a person to fill the vacancy for the remainder of the un-expired term of office after soliciting applications for a two-week time period on the CNC website and via an email to all registered members of the CNC. Brief interviews should be considered if there are multiple qualified and interested applicants. Article VII — Elections 1. Elections shall take place at the quarterly meeting between July and August by a simple majority vote of those members present and voting. The nominated candidate receiving the greatest number of votes for each office shall be declared elected, and take office effective October 1rt. Each retiring officer shall turn over to his successor in office all properties and records relating to that office by October 1�`, except for the Treasurer, who shall turn over all records to the Audit Committee. 2. No person may be a candidate in a CNC election who has not been nominated. The nomination of officers shall be made by a Nominating Committee composed of three members. In the month of April, the Executive Board shall select a Nominating Committee Chairperson. The remaining two members of the Nominating Committee shall be elected by the membership at the second quarterly meeting (before June). No member may serve on the Nominating Committee in two consecutive years. The Committee Chair shall call a committee meeting which shall be held on or before January 31�` a) The Committee shall nominate one candidate for each office, and, after securing the consent of each person so nominated, shall immediately report their nominations to the Secretary in writing. b) Upon receipt of the Nominating Committee's report, the Secretary shall publish the names of the PaRe 3 of 5 nominated candidates on the CNC's website (and through other CNC forms of communication) prior to the quarterly meeting between July and August. c) Additional nominations may be made at the quarterly meeting between July and August by any member in attendance provided any person so nominated does not decline when his or her name is proposed, and provided further that if the proposed candidate is not in attendance at this meeting, his or her nominator shall present to the Secretary a written statement from the proposed candidate signifying his or her willingness to be a candidate. No person may be a candidate for more than one position, and the additional nominations which are provided for herein may be made only from among those members who have not already accepted a nomination of the Nominating Committee. d) Nominations cannot be made at any other meeting or in any manner other than as provided in this Section. e) If no valid additional nominations are made at the quarterly meeting between July and August, the Nominating Committee's slate shall be considered to have been elected unanimously and no balloting will be necessary. Article VIII — Eligibility of Officers All officers or candidates for office must be active members in good standing of Colleyville Neighborhood Council, Inc. for at least one year, having attended a minimum four regular consecutive meetings. Should officers or candidates be unable to meet the aforementioned requirement but the person is the only applicant for a particular position on the Executive Board and they are in good standing, their eligibility can be considered upon an affirmative vote by a majority of the Executive Board. Article IX — Special Committees The Executive Board shail designate any Special Committees for each year. Article X — Parliamentary Authority Meetings shall be conducted by Robert's Rules of Order, Newly Revised, on all points not specified by these Bylaws. Article XI — Quorum A quorum of the general meeting of the CNC shall not be required for voting purposes if the meeting information has been posted for a minimum of three weeks in advance of the meeting. A quorum of the Executive Board shall be two Executive Board members, and a quorum of the Executive Board shall be present for any voting matter. Voting matters shall be determined by the Executive Board. Article XII — Amendments The Bylaws may be amended at any general meeting of the CNC by a two-thirds vote of the members present and voting, provided the proposed amendment has been submitted in writing at the previous meeting, by e- mail or posting on the CNC website at least one week prior to the general meeting. Article XIII — Dissolution PaRe 4 of 5 Upon the dissolution of the Colleyville Neighborhood Council, Inc., no class of inember shall have any right nor shall receive any assets of the corporation. The assets of the corporation are permanently dedicated to a tax- exempt p�rpose. In the event of dissolution the corporation's remaining assets, after payment of debts, will be distributed to an organization which itself is tax exempt under the provisions of Section 501 ( c)�3) of the Internal Revenue Code. Proposed September 2016 PaQe5qf5 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 8 Agenda Date 10/18/2016 Type Report Department City Secretary Title Planning and Zoning Commission Meeting Minutes - September 12, 2016 Zoning Board of Adjustment Meeting Minutes - September 13, 2016 Attachments 1.Planning and Zoning Commission Meeting Minutes - September 12, 2016 2.Zoning Board of Adjustment Meeting Minutes - September 13, 2016 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, September 12, 2016 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on September 12, 2016, at 7:00p.m. Roll Call Present: Commissioners, David Wheelwright, Jason Elms, Jeff Byerly, Jim Gotcher, Don Davis, and David Phelps Absent: Commissioner Carel Tornes Staff Present: Shane Pace, Ben Bryner, Oscar Chavez, Rob McKeown, Chief Brian Riley, Araceli Botello, and Matthew Butler (City Attorney) 1.APPROVAL OF MINUTES Commissioner Phelps made a motion to approve the August 8, 2016 minutes as written. Commissioner Davis seconded. The motion to approve the August 8, 2016 minutes as written carried by the following vote: Aye: 6 – Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3.CONSENT AGENDA ITEMS 3a Consideration of a final plat on Abstract 1154, of the R.H. McEwing Survey, located at 8080 Precinct Line Road, Case PC16-005 Commissioner Phelps made a motion to approve Case PC16- 005. Commissioner Gotcher seconded. Planning and Zoning Commission Minutes September 12, 2016 City of Colleyville Page 2 The motion to approve carried by the following vote: Aye: 6 – Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly 4.PUBLIC HEARING AGENDA ITEMS 4c 4a Chairman Byerly requested to move agenda item 4c to the beginning of the agenda for the evening due to applicant’s request to table the item. There were no objections to this request. Consideration of an amendment to the PUD-R Planned Unit Development-Residential district on Lots 1-9, 10X, 11X, 12X, Block 1, Carmel Place Estates, located at 1301 Glade Road, Case ZC16-014 Chairman Byerly made a motion to continue Case ZC16-014 to the October 10, 2016 Planning and Zoning Commission meeting. Commissioner Gotcher seconded. The motion to continue Case ZC16-014 to the October 10, 2016 Planning and Zoning Commission meeting carried by the following vote: Aye: 6 – Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly Consideration of a Special Use Permit for an Accessory Building larger than permitted on Lot 3, Block 1, Hidden Acres Addition, located at 1212 Holly Lane, Case ZC16-012 Shane Pace presented the case and briefed the Commission. The public hearing was opened at 7:08 p.m. The applicant, Ed Palluth, 1212 Holly Lane, came forward and briefed the Commission. John Perone, 1216 and 1220 Holly Lane, came forward and spoke in support of this case. There being no others present wishing to speak, the public hearing was closed at 7:15 p.m. Planning and Zoning Commission Minutes September 12, 2016 City of Colleyville Page 3 4b 4d Commissioner Davis made a motion to approve Case ZC16- 012. Commissioner Gotcher seconded. The motion to approve Case ZC16-012 carried by the following vote: Aye: 6 – Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly Consideration of a zoning change from the AG Agricultural district to the R-40 Single Family Residential district on Lot 2, Block 1, Morris Addition, located at 7201 Pleasant Run Road, Case ZC16-014 Shane Pace presented the case and briefed the Commission. The public hearing was opened at 7:20 p.m. The applicant’s representative, Mark Assaad, 5000 Thompson Terrance, came forward and briefed the Commission. The following people wished to record their support but did not wish to speak: Support: Stephen Morris, 7201 Pleasant Run Road Waguih Guirguis, 7204 Waldon Court There being no others present wishing to speak, the public hearing was closed at 7:23 p.m. Commissioner Phelps made a motion to approve the Case ZC16-014. Commissioner Wheelwright seconded. The motion to approve Case ZC16-014 carried by the following vote: Aye: 6 – Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly Consideration of a zoning change from the R-40 Single Family Residential district to the R-30 Single Family Residential district on Lot 1R, Block 1, O. Martin Subdivision, located at 5601 Montclair Drive, Case ZC16-017 Shane Pace presented the case and briefed the Commission. The public hearing was opened at 7:28 p.m. Planning and Zoning Commission Minutes September 12, 2016 City of Colleyville Page 4 The architect, Roger “Skip” Blake, 1202 S. White Chapel Boulevard, Southlake, came forward and briefed the Commission. There being no others present wishing to speak, the public hearing was closed at 7:30 p.m. Commissioner Gotcher made a motion to approve Case ZC16- 017. Commissioner Davis seconded. The motion to approve Case ZC16-017 carried by the following vote: Aye: 6 – Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly 5.ADJOURNMENT The meeting adjourned at 7:30 p.m. The minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on October 10, 2016 by a vote of 7-0. City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 13, 2016 City Council Chambers CALL TO ORDER The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Board member McNosky on September 13, 2016 at 7:00 p.m. Roll Call Present: Board members Dee Kamerman, Raymond Allee, Wayne Maynard, Dee McNosky, Jason Elms, and Richard Vallario Absent: Judson Orlando Staff Present: Shane Pace, Ben Bryner, and Araceli Botello 1. APPROVAL OF MINUTES Board member Elms made a motion to approve the August 9, 2016 minutes. Board member Allee seconded. The motion to approve the August 9, 2016 minutes carried by the following vote: Aye: 5 – Elms, Kamerman, Allee, Maynard, and McNosky 2. PUBLIC HEARING AGENDA ITEMS 2a Request for a variance to certain provisions of Section 3.26 Fences, Free Standing Walls, and Screening Materials of the Land Development Code on Lot 2, Block 2, Turner Addition, located at 1505 Cherry Lane, Case VC16-008 Shane Pace presented the case and briefed the Board. The public hearing was opened at 7:05 p.m. Zoning Board of Adjustment Agenda September 13, 2016 City of Colleyville Page 2 The fence contractor, Chris Gruensfelder, 3858 Candlelite Lane, Fort Worth, came forward and briefed the Board The applicant, Connie Stewart, 1505 Cherry Lane, came forward and briefed the Board. The landscape architect, Steve BB, 3 Durango Drive, Trophy Club, came forward and briefed the Board. Board member Elms questioned the fence contractor regarding his statement that the neighboring lot to the east will also have a fence in the front yard. Mr. Elms asked if the neighboring lot to the east would also require a variance, should the fence variance be approved for 1505 Cherry Lane. The fence contractor replied yes. Board member Elms questioned the fence contractor regarding whether there is currently a fence on the lot to the west of the property. The fence contractor replied that there is a fence across the back, but no fencing parallel to Cherry Lane. Discussion continued regarding the fencing of neighboring properties. Board member Elms questioned the applicant regarding the height of the fence. The fence contractor replied that lowering the height of the fence would compromise the security of the applicant. The applicant added that there will be a lack of continuity in the future fence-line if the variance is not approved. Board member Kamerman questioned the applicant regarding the lot size for the adjacent properties to the east and west, and whether they are 40,000 square feet. The applicant replied that that the lot to the west is greater than 40,000 square feet and the property to the east is less than 40,000 square feet. Board member Kamerman questioned the applicant regarding the properties across the street. Ms. Kamerman asked if the properties currently have fences along the front property line. The applicant replied, no. Discussion continued regarding neighboring properties and the potential need to request a fence variance. Board member Allee questioned the applicant regarding moving the fence closer to the front building line. Board member McNosky added that this location would also require a variance. Zoning Board of Adjustment Agenda September 13, 2016 City of Colleyville Page 3 Board member Elms questioned the applicant regarding the extension of the fence towards the rear property line. The applicant responded that the fence extends all the way to the rear of the property along the side property line, and transitions to a solid wooden fence near the front building line. Board member Maynard questioned staff regarding the side yard setbacks of the property to the west of the applicant’s property. Staff responded that the property to the west of the applicant’s property is a corner lot and these lots are required to have two front yards. He added that if the orientation of the front yard of the home is on Cherry Lane, the side yard would be set back to 15ft along Bluebonnet Street. Discussion continued regarding side yard setbacks. There being no one else wishing to speak, the public hearing was closed at 7:27 p.m. Board member Maynard made a motion to approve Case VC16- 008. Board member McNosky seconded. The motion to approve Case VC16-008 failed by the following vote: Aye: 2 – Maynard and McNosky Nay: 3 – Kamerman, Elms, Allee 2b Request for a variance to certain provisions of Section 3.26 Fences, Free Standing Walls, and Screening Materials of the Land Development Code on Lot 10A, Block 1, Westcoat Place Addition, located at 6213 Westcoat Drive, Case VC16-011 Shane Pace presented the case and briefed the Board. The public hearing was opened at 7:35 p.m. The applicant, Mark Cameron, 6002 Westcoat Drive, came forward and briefed the Board. Board member McNosky questioned the applicant to clarify the location where the applicant would like the fence to remain. The applicant stated that he would like for the fence to remain where it is currently located. He added that he was not aware that his fence Zoning Board of Adjustment Agenda September 13, 2016 City of Colleyville Page 4 contractor had not received the permit when he began the work. Board member Maynard questioned the applicant about the location of the garage and the fence. Applicant responded that the fence and garage are facing White Street. He added that the fence provides privacy to the side entrance door and on the left side there are large AT&T pedestals. Applicant stated that he had discussed with staff about being allowed to place a wrought iron fence instead of wood fence. Board member Maynard questioned the applicant about the size and material of the gate the applicant is proposing to install. The applicant responded that he plans to install a double retractable gate made out of light weight wrought iron. Board member Kamerman questioned staff regarding whether a wrought iron fence would be permitted in this location on the property. Staff replied yes. Mr. Pace went on to state that a privacy fence is not permitted, which the ordinance defines a fence that is greater than 25 percent opaque. Discussion continued on the types of fences permitted in side yards. Board member Maynard questioned the applicant about the pedestal boxes located in the front yard and the fence built near them. The applicant responded that the fence was built for landscape aesthetic purposes and to shield the view of pedestal boxes. Staff added that this fence would also need to be removed if the variance is not approved. Discussion continued on the type of fencing permitted on the property. There being no one else wishing to speak, the public hearing was closed at 7:47 p.m. Board member Maynard made a motion to deny Case VC16- 011. Board member Allee seconded. The motion to deny Case VC16-011 carried by the following vote: Aye: 2 – Elms, Kamerman, Allee, Maynard, and McNosky Zoning Board of Adjustment Agenda September 13, 2016 City of Colleyville Page 5 3.ADJOURNMENT The meeting adjourned at 7:50 p.m. Minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on October 11, 2016, by a vote of 5-0. City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 10/18/2016 Number 8 Type Report Department Finance Title Monthly Financial Report - September 2016 Explanation General Fund The FY16 Monthly Financial Report for September reflects year-to-date revenues and expenses through the end of September, however, the financial statements will not be final until all year-end entries and adjustments have been made and reviewed by the auditors. The percentage of the current year tax roll collected exceeded the budgeted projection and the percentage collected last fiscal year. For the month of September, sales tax is up .39% ($1,047) from revenues reported for the same time period last year. Year to date General Fund sales tax is up 8.08% ($227,618) when compared to the same time period last year. This is the eleventh consecutive month of increased sales taxes and the highest September sales tax allocation ever received. Per governmental accounting rules, sales tax revenue received in October 2016 and November 2016 is recorded as FY 2016 revenue, as the sales occurred in August 2016 and September 2016, respectively. In the attached report, October 2016 sales tax is included, but November sales tax is not. From the sales tax revenues reported for October 2016, General Fund sales tax is up 12.01% ($32,166) from revenues reported for the same time period last year. Year to date General Fund sales tax is up 8.42% ($259,784). The quarterly mixed beverage tax allocation came in at $27,475 compared to $27,157 last fiscal year. Year to date revenues exceeded budgeted projections by 33%. The annual franchise payment received from Atmos in March exceeded budgeted projections by 5.2%, however, due to warmer winter temperatures compared to last year, the annual amount received was 18.11% less than the amount received last fiscal year. The annual franchise payment received by Oncor in February exceeded budgeted projections by 3.31% and was slightly more than last year's annual payment. Tri-County Electric's annual franchise payment also exceeded the budgeted projection by 6.78%. Revenues received from Cable TV Franchise finished up ahead of budgeted projections by 17.15%. City Council Agenda Briefing City of Colleyville Page 2 Seventeen new residential building permits were issued in September, compared to eleven that were issued in September 2015. Revenues received for licenses and permits exceeded current year projections by over 51%. Fine revenue exceeded budgeted projections by 3.69%. Citations have decreased when compared to the same time last fiscal year in part related to a 40% drop in the number of registration violations due to the change in the State's vehicle registration law. Ambulance revenues exceeded the budgeted projection and the amount collected last fiscal year due to an increase in hospital transports. Rental revenues for Colleyville Center came in behind budgeted projections. Cost recovery for the Center is currently 62%. Revenues related to engineering and construction inspection fees are down compared to budgeted projections and last year due to a minimal number of new development projects so far this fiscal year. The average amount expended by the General Fund departments at the end of September is 95.24% of the total appropriation versus 99.09%, which was projected to be spent. Utility Fund Year to date, water usage has decreased as compared to the amount sold through September 2015. Rainfall totals are 53.16 inches compared to 44.45 inches for the same time period last year. The average amount expended by the Utility Fund departments at the end of September was 75.47% of the total appropriation, versus 76.87%, which was projected to be spent. FY 2016 Budget:$12,928,456 FY 2016 Budget:$2,061,000 FY 2016 Budget:$3,480,000 % Change FY/FY:2.83%% Change FY/FY:-4.86%% Change FY/FY:7.90% - Also includes mixed beverage tax FY 2016 Budget:$882,800 FY 2016 Budget:$876,000 FY 2016 Budget:$1,089,800 % Change FY/FY:2.62%% Change FY/FY:-15.78%% Change FY/FY:-20.15% Licenses & Permits Fines Charges for Service Ad Valorem Taxes Franchise Fees Sales Taxes Mo n t h l y F i n a n c i a l R e p o r t : S e p t e m b e r 2 0 1 6 Ge n e r a l F u n d R e v e n u e s - Based on 2015 property values - Use of City ROW by utilities - Receipts are from sales 2 months prior - Most collections in Dec., Jan., & Feb.- Gas, Electricity, Telecom., Cable, Waste - Sales tax revenues are Dec. - Nov. - Building, plumbing, mechanical, fence,- Includes fines from citations, alarm fees,- Includes zoning, ambulance, parks/rec., electrical, sign, etc. permit fees and library fines engineering, & Colleyville Center charges $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 FY 2016 YTD FY 2015 YTD $0$200,000$400,000$600,000$800,000$1,000,000$1,200,000$1,400,000$1,600,000$1,800,000$2,000,000$2,200,000$2,400,000$2,600,000 FY 2016 YTD FY 2015 YTD $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 FY 2016 YTD FY 2015 YTD $1,280,000 $1,290,000 $1,300,000 $1,310,000 $1,320,000 $1,330,000 $1,340,000 $1,350,000 FY 2016 YTD FY 2015 YTD $0$100,000$200,000$300,000$400,000$500,000$600,000$700,000$800,000$900,000$1,000,000$1,100,000$1,200,000 FY 2016 YTD FY 2015 YTD $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 FY 2016 YTD FY 2015 YTD FY 2016 Budget:$9,424,339 FY 2016 Budget:$6,482,251 FY 2016 Budget:$1,100,806 % Expended:99.6%% Expended:92.1%% Expended:94.5% % Remaining:0.4%% Remaining:7.9%% Remaining:5.5% FY 2016 Budget:$3,286,768 FY 2016 Budget:$2,808,506 FY 2016 Budget:$874,700 % Expended:90.8%% Expended:92.5%% Expended:97.9% % Remaining:9.2%% Remaining:7.5%% Remaining:2.1% Public Safety Infrastructure Development Operational Support Community Assets & Programs Technology Mo n t h l y F i n a n c i a l R e p o r t : S e p t e m b e r 2 0 1 6 Ge n e r a l F u n d E x p e n d i t u r e s 99.6% 0.4% % Expended:% Remaining: 92.1% 7.9% % Expended:% Remaining: 94.5% 5.5% % Expended:% Remaining: 90.8% 9.2% % Expended:% Remaining: 92.5% 7.5% % Expended:% Remaining: 97.9% 2.1% % Expended:% Remaining: % Change FY/FY:10.67%% Change FY/FY:14.23%% Change FY/FY:-0.20% FY 2016 Budget:$15,886,362 % Expended:75.5%FY 2016 YTD:9,858 % Remaining:24.5%FY 2015 YTD:9,631 Rainfall totals (in inches): Oct 15-Sep 16 53.16 Oct 14-Sep 15 44.45 % Change FY/FY:2.36% Mo n t h l y F i n a n c i a l R e p o r t : S e p t e m b e r 2 0 1 6 Ut i l i t y F u n d Water Sales Wastewater Sales Gallons of Water Sold Utility Fund Expenditures Number of Water Customers Notes $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 FY 2016 YTD FY 2015 YTD 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 FY 2016 YTD FY 2015 YTD 0 300,000,000 600,000,000 900,000,000 1,200,000,000 1,500,000,000 1,800,000,000 2,100,000,000 2,400,000,000 FY 2016 YTD FY 2015 YTD 75.5% 24.5% % Expended:% Remaining: 0 2,000 4,000 6,000 8,000 10,000 12,000 FY 2016 YTD FY 2015 YTD MONTHLY FINANCIAL REPORT - SEPTEMBER 2016 GENERAL FUND RECEIVED PROJECTED RECEIVED FY 2016 YTD FY 2016 YTD RECEIPT VS FY 2015 YTD PERCENT FY 2016 AS OF AS OF PROJECTED AS OF CHANGE OVER REVENUE SOURCE BUDGET 9/30/2016 9/30/2016 INCR (DECR)9/30/2015 PRIOR YEAR Current Taxes $12,823,456 $12,949,435 $12,823,456 0.98%$12,575,427 2.97% Delinquent Taxes 50,000 28,831 27,703 4.07%27,703 4.07% Penalty & Interest 55,000 55,103 71,435 -22.86%71,435 -22.86% TOTAL AD VALOREM TAXES $12,928,456 $13,033,370 $12,922,594 0.86%$12,674,564 2.83% Oncor Electric $875,000 $903,933 $875,000 3.31%$903,390 0.06% Tri-County Electric 105,000 112,116 105,000 6.78%126,855 -11.62% Atmos Gas 350,000 368,202 350,000 5.20%449,640 -18.11% AT&T 70,000 66,702 70,000 -4.71%71,354 -6.52% Verizon/Others 65,000 59,956 65,000 -7.76%75,198 -20.27% Refuse/Recycling 146,000 168,787 146,000 15.61%166,291 1.50% Cable TV 450,000 527,194 450,000 17.15%526,995 0.04% TOTAL FRANCHISE TAXES $2,061,000 $2,206,890 $2,061,000 7.08%$2,319,724 -4.86% Sales Tax $3,400,000 $3,338,487 $3,277,770 1.85%$3,084,960 8.22% Mixed Beverage Tax 80,000 106,607 80,000 33.26%107,977 -1.27% TOTAL SALES TAXES $3,480,000 $3,445,094 $3,357,770 2.60%$3,192,937 7.90% Building $580,000 $846,260 $580,000 45.91%$850,326 -0.48% Plumbing 48,000 74,777 48,000 55.78%75,655 -1.16% Mechanical 29,000 64,518 29,000 122.48%43,163 49.48% Electrical 40,000 74,905 40,000 87.26%64,800 15.59% City License 35,000 58,349 35,000 66.71%43,315 34.71% Building Plan Review Fee 109,000 132,212 109,000 21.30%166,976 -20.82% New Business 3,500 6,811 3,500 94.60%5,076 34.18% Sign Permit 6,800 10,690 6,800 57.21%9,275 15.26% Fence Permit 9,500 21,500 9,500 126.32%10,800 99.07% Fire Permits 7,000 20,060 7,000 186.57%15,265 31.41% Irrigation Permit 15,000 27,771 15,000 85.14%16,559 67.71% Gas & Oil Well Permit Fee 0 75 0 100.00%2,500 -97.00% TOTAL LICENSES & PERMITS $882,800 $1,337,927 $882,800 51.55%$1,303,710 2.62% Fines $800,000 $830,333 $800,000 3.79%$996,440 -16.67% Alarm Fees 53,000 52,997 53,000 -0.01%57,031 -7.07% Library Fines 23,000 24,980 23,000 8.61%24,975 0.02% TOTAL FINES $876,000 $908,310 $876,000 3.69%$1,078,446 -15.78% MONTHLY FINANCIAL REPORT - SEPTEMBER 2016 RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT REVENUE SOURCE FY 2016 AS OF AS OF PROJECTED AS OF CHANGE OVER BUDGET 9/30/2016 9/30/2016 INCR (DECR)9/30/2015 PRIOR YEAR Re-zoning $10,000 $7,743 $10,000 -22.58%$10,794 -28.27% Plat Fee/Site Plan 8,200 7,943 8,200 -3.14%11,410 -30.39% Board of Adjustment 1,250 3,000 1,250 140.00%2,450 22.45% Sale of Material 100 418 100 318.48%71 488.58% Weed Mowing 6,500 11,356 6,500 74.70%5,246 116.47% Ambulance 300,000 359,314 300,000 19.77%321,871 11.63% Recreation Program 160,000 201,166 160,000 25.73%186,644 7.78% Non-Resident Fee Parks 37,000 43,800 37,000 18.38%48,355 -9.42% Field Use Charge 21,500 21,510 21,500 0.05%27,980 -23.12% Engineering & Inspection 175,000 4,908 175,000 -97.20%264,252 -98.14% Material Testing 100,000 7,734 100,000 -92.27%0 100.00% Colleyville Center Rental 257,250 209,920 257,250 -18.40%227,901 -7.89% Lot Drainage Insp Fee 13,000 23,875 13,000 83.65%23,500 1.60% TOTAL CHARGES FOR SERVICE $1,089,800 $902,685 $1,089,800 -17.17%$1,130,473 -20.15% SRO Officer Reimb $94,282 $94,282 $94,282 0.00%$94,282 0.00% Keller Court 217,697 247,689 217,697 13.78%231,409 7.04% TOTAL INTERGOVERNMENTAL $311,979 $341,971 $311,979 0.00%$325,691 0.00% Sale of Surplus Property $5,000 $52,957 $5,000 959.14%$3,798 1294.50% Interest Income 25,000 39,755 25,000 59.02%32,343 22.92% Miscellaneous 55,000 98,776 55,000 79.59%80,535 22.65% Use of Available Cash 1,000,000 0 0 0.00%0 0.00% Antenna Lease 70,040 93,566 90,794 3.05%75,415 24.07% TOTAL MISCELLANEOUS $1,155,040 $285,054 $175,794 62.15%$192,090 48.40% Transfers-In $1,233,417 $0 $0 0.00%$1,115,272 0.00% TOTAL TRANSFERS $1,233,417 $0 $0 0.00%$1,115,272 0.00% TOTAL GENERAL FUND REVENUES $24,018,492 $22,461,301 $21,677,737 3.61%$23,332,906 -3.74% MONTHLY FINANCIAL REPORT - SEPTEMBER 2016 TOTAL PERCENT FY 2016 THROUGH THROUGH INCREASE INCREASE BUDGET 9/30/2016 9/30/2015 (DECREASE)(DECREASE) % OF CURRENT TAX ROLL COLLECTED 99.0%99.57%99.55%0.02%0.02% RESIDENTIAL BLDG PERMITS 125 182 181 1 0.55% COMMERCIAL BLDG PERMITS 5 9 13 (4)-30.77% CITATIONS ISSUED 11,500 9,037 10,626 (1,589)-14.95% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE FY 2016 THROUGH PROJECTED % OF BUDGET BUDGET BUDGET 9/30/2016 EXPENDITURES EXPENDED REMAINING City Council $189,746 $165,804 $189,746 87.38%$23,942 City Manager 603,241 578,662 603,241 95.93%24,579 City Secretary 215,281 206,134 215,281 95.75%9,147 Finance 415,341 414,940 415,341 99.90%401 Legal 200,000 202,350 200,000 101.17%(2,350) Engineering 574,462 433,199 574,462 75.41%141,263 Economic Development 303,166 255,253 303,166 84.20%47,913 Building Inspection 464,400 451,820 464,400 97.29%12,580 Community Development 333,240 332,780 333,240 99.86%460 Fire 4,440,164 4,610,834 4,440,164 103.84%(170,670) Police 4,592,988 4,427,265 4,592,988 96.39%165,723 Parks 1,299,413 1,251,628 1,299,413 96.32%47,785 Recreation 380,668 312,527 380,668 82.10%68,141 Street Maintenance 4,694,578 4,589,254 4,694,578 97.76%105,324 Library 737,263 696,294 737,263 94.44%40,969 Communications 212,244 169,852 212,244 80.03%42,392 Colleyville Center 391,162 338,298 391,162 86.49%52,864 Human Resources 304,339 299,202 304,339 98.31%5,137 Municipal Court 391,187 349,269 391,187 89.28%41,918 Fleet Services 229,302 216,255 229,302 94.31%13,047 Facility Services 531,909 478,330 531,909 89.93%53,579 Information Services 874,700 856,424 874,700 97.91%18,276 Non Departmental 953,559 816,846 953,559 85.66%136,713 Capital Equipment Reserve 452,000 252,000 252,000 55.75%200,000 Compensation Adjustment 193,017 131,300 173,715 68.03%61,717 TOTAL EXPENSES $23,977,370 $22,836,518 $23,758,068 95.24%$1,140,852 MONTHLY FINANCIAL REPORT - SEPTEMBER 2016 UTILITY FUND RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT FY 2016 AS OF AS OF PROJECTED AS OF CHANGE OVER REVENUE SOURCE BUDGET 9/30/2016 9/30/2016 INCR (DECR)9/30/2015 PRIOR YEAR Water Sales $11,467,441 $10,568,730 $11,467,441 -7.84%$9,549,632 10.67% Sewer Sales 4,050,786 3,674,867 4,050,786 -9.28%3,217,174 14.23% Sewer Installation 7,000 18,600 7,000 165.71%18,700 -0.53% Water Installation 21,000 53,060 21,000 152.67%46,471 14.18% Sewer Tie-on Charges 5,000 0 0 0.00%0 0.00% Engineering Charges 50,000 2,155 2,155 0.00%118,113 -98.18% Penalties 228,772 256,157 228,772 11.97%199,965 28.10% Miscellaneous 13,000 32,860 13,000 152.77%21,662 51.69% TOTAL OPERATING INCOME $15,842,999 $14,606,430 $15,790,154 -7.50%$13,171,718 10.89% Interest Income $20,300 $41,865 20,300 106.23%$28,382 47.51% Use of Available Cash 450,000 0 0 0.00%0 0.00% TOTAL NON-OPERATING INCOME $470,300 $41,865 $20,300 100.00%$28,382 47.51% TOTAL INCOME $16,313,299 $14,648,295 $15,810,454 -7.35%$13,200,100 10.97% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 9/30/2016 9/30/2015 (DECREASE)(DECREASE) GALLONS OF WATER SOLD 2,198,573,300 2,203,047,800 (4,474,500)-0.20% NUMBER OF WATER CUSTOMERS 9,858 9,631 227 2.36% UTILITY FUND EXPENSES EXPENDED YEAR-TO-DATE FY 2016 THROUGH PROJECTED % OF BUDGET BUDGET BUDGET 9/30/2016 EXPENSES EXPENDED REMAINING Billing $382,103 $356,990 $382,103 93.43%$25,113 Operations 12,402,286 9,906,855 9,921,829 79.88%2,495,431 Utility Support 1,176,062 1,082,152 1,176,062 92.01%93,910 Non-Departmental 320,803 231,454 320,803 72.15%89,349 Debt Service 365,325 363,488 363,488 99.50%1,838 Compensation Adjustment 29,934 3,500 3,500 0.00%26,434 Transfer to General Fund 1,209,849 44,286 44,286 3.66%1,165,563 TOTAL EXPENSES $15,886,362 $11,988,724 $12,212,070 75.47%$3,897,638 RESOLUTION R-16-4048 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 18, 2016 WHEREAS,City 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 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 18 TH DAY OF OCTOBER 2016. Mayor Richard Newton Mayor Pro Tem Chris Putnam Place 1, Tammy Nakamura Place 5, Nancy Coplen Place 2, Bobby Lindamood Place 6, Mike Taylor Place 4, Jody Short ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor