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City Council-Agenda Packets-6/20/2017
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, June 20, 2017 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Community Garden Presentation WS-2 Discussion of the Health Insurance Renewal for Fiscal Year 2018 (FY18) WS-3 Update and discussion of overhead doors at Fire Stations 1 and 3 WS-4 Discussion of the June 20, 2017, City Council regular agenda items 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 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities 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 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Katie Lewis, First United Methodist PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Agenda June 20, 2017 City of Colleyville Page 2 2.EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4144 3.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Colleyville's Featured Business of the Month - NexGen Fitness, 6000 Colleyville Boulevard - Owners Anthony Carter and Angie Stroman - Mayor Richard Newton and Interim Assistant City Manager/Executive Director of Economic Development and Communications Mark Wood 4.RECEPTION FOR CITY MANAGER JERRY DUCAY 5.CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-17-4145 5a Approval of the minutes of the regular City Council meeting of June 6, 2017 5b Acceptance of a Public Right-of-Way and a Drainage and Maintenance Easement dedication, located at the northwest corner of Cheek- Sparger Road and Heritage Avenue, and authorizing the city manager to execute the documents 5c Approval of renewal contracts with Spectrum, for internet service to City facilities, in an amount not to exceed $90,876 a year, and authorizing the city manager to execute the contracts 6.ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-17-2012 Approval of a five-year exclusive franchise for solid waste and recycling services contract with Community Waste Disposal (CWD) 6b Ordinance O-17-2013 Consideration of an appeal of the decision of the Planning and Zoning Commission by Jeff Avery, for a zoning change from the AG- Agricultural zoning district to the R20-Single Family Residential zoning district on Tract 2A, Abstract 1692, in the Joseph White Survey, located at 816 Shelton Drive, Case ZC17-003 City Council Agenda June 20, 2017 City of Colleyville Page 3 7.RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-17-4146 Consideration of a resolution requesting the Texas Legislature to transfer gas utility ratemaking authority from the Texas Railroad Commission to the Texas Public Utility Commission 8.DISCUSSION OF ITEMS NOT FOR ACTION AND PUBLIC HEARING 8a Monthly Financial Report - May 2017 8b Update on the SH26 Project 9.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10.REPORTS Planning and Zoning Commission Minutes - May 8, 2017 11.ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 20, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4147 12.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, June 16, 2017 by 5:00 p.m. Christine Loven Assistant 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 WS-1 Agenda Date 06/20/2017 Type Worksession Department Parks and Recreation Title Community Garden Presentation Strategic Plan 1.4 Communicate thoroughly and strategically Explanation Natalie Genco, President of the proposed Community Garden Board, will present the preliminary plan for the Community Garden. This presentation will provide the proposed garden site plan, plot agreements, and Bylaws for the Community Garden Board. Mrs. Genco will be seeking City Council guidance for the proposed plan and the plausibility of a Community Garden in Colleyville. Attachments 1.Community Garden Site Plan 2.Plot Agreements 3.Community Garden Bylaws Colleyville Community Garden (CCG) Adopt a Plot - Terms of Agreement Dues - Membership shall run from January 1 to December 31 but a member may join at any time of the year. Plot fees are $40 per year and are due at the time of registration. The first year this will cover 2017-Dec 2018. Thereafter plot fees will be for one year and may be adjusted according to a vote of the membership. Organic - Gardeners will strive to be good stewards of the land and will use only organic gardening products. The use of synthetic fertilizers, pesticides, herbicides will not be allowed. We encourage gardeners to use non-GMO seeds and plants. Watering - The use of watering timers or soaker hoses is not allowed. Hand watering is allowed. Plot Maintenance - Gardeners are required to keep individual plots in a planted, productive state during the growing season. We encourage plots to be covered in mulch at all times to encourage water and soil conservation and to control weeds. Weeds and dead vegetation must be cleared from your plot year round. Gardens should be planted by April 1st and winterized by December 1st . Winter Gardens - These are encouraged, but must be maintained to minimum standards. If not in production during winter months, please cover your plot with landscape cloth, a cover crop, mulch. Donating Produce - Gardeners are encouraged to share a portion of their produce with others but this is not required. Monthly Workdays - Each gardener will support the garden by doing their fair share of common area work. Each plot owner is required to participate in at least Four (4) of the 12 workdays per year (Work day dates to be decided by charter CCG members). Considerations will be given for special skills, physical and mental capabilities and age. Youth participation is encouraged with adult guidance. Tools - Can be borrowed from the storage shed and should be cleaned before returning to the shed and put back in their designated location. Garden Shed - Members will be given the combination to the garden shed combination lock to access garden supplies and tools. Please do not share the combination with non members. Respecting Neighbors - Please do not harvest produce or flowers from anyone else’s plot without the owner’s permission. When using someone’s garden hose, please put it back as you found it. Do not remove the sprinkler head, unscrew from the water supply or leave hoses laying in pathways. Respecting Boundaries - Garden plots are restricted to the area within the boundary of your plot board enclosure. Plot vegetation may not extend beyond these boundaries into adjacent plots or common areas. Vertical crops such as pole beans should be oriented in such a way as to allow adequate light to neighboring plots and must not interfere with pathways or adjacent plots. Common areas such as walkways and roadways must be kept clear in order to facilitate maintenance activities. Please don’t pile or throw mulch, weeds, rocks, or other materials into these areas. When not in use, keep hoses out of common areas and on a hose holder or coiled inside your plot boards. CCG Oversite - The Colleyville Community Garden Coordinator along with the Executive Board oversees the garden. The Garden coordinator will check garden plots for compliance and be available to resolve problems. Gardeners are encouraged to attend CCG meetings and to bring issues forward for the group to help resolve. Plot Availability - When a plot becomes available, it shall be offered to new gardeners before being given to an existing gardener. The maximum allowance of garden plots by one family or group is two plots. Pets - Pets are not allowed within the garden. Prohibited - Please keep garden areas free of litter, tobacco in all forms, alcohol and drugs. Thank you and Happy Gardening! Disclaimer Statement I agree to adhere to all guidelines as stated above and understand that noncompliance may result in plot forfeiture. I understand that The Colleyville Community Garden and the City of Colleyville are not responsible for my actions. I THEREFORE AGREE TO HOLD HARMLESS THE COLLEYVILLE COMMUNITY GARDEN AND THE CITY OF COLLEYVILLE FOR ANY LIABILITY, DAMAGE, LOSS OR CLAIM THAT OCCURS IN CONNECTION WITH USE OF THE GARDEN BY ME OR ANY OF MY GUESTS. I AGREE TO FOLLOW ALL GUIDELINES SET FORTH. Signature:________________________________________________________ Date:_________________ Last Revision, April 21 2017 Colleyville Community Garden (CCG) By-Laws June 2, 2017 Colleyville Community Garden (CCG) BYLAWS Article I – Name Article II – Purpose 2.01 Organization 2.02 Purpose Article III – Membership 3.01 Voting Members 3.02 Honorary Members 3.03 Fees Article IV –Membership Meetings 1.Date, Time and Location 2.Quorum and Voting 3.Roberts Rules of Order 4.Meeting Changes Article V – Officers, Elections and Terms of Office 1.Officers-07 2.Eligibility 3.The Nominating Committee 4.Presentation of Slate and Voting 5.Transfer of Responsibility 6.Terms of Office 7.Vacancies 8.Removal of Officers 9.Compensation Article VI – Duties and Functions of Executive Board Members 6.01 President 6.02 First Vice President (Special Events/Publicity) 6.03 Second Vice President (Fundraising/Volunteers) 6.04 Third Vice President (Garden Coordinator) 6.05 Treasurer 6.06 Secretary 6.07 Parliamentarian 6.08 Interim Transactions 6.09 Executive Board Meetings 6.10 Executive Board Quorum and Voting Article VII – Standing Committees 1.Overview 2.Committees Article VIII – Fiscal Activities 1.Fiscal Year 2.Audits 3.Budget 4.Disbursements 5.Tax Exempt Compliance per IRC Section 501 (c)(3) Article IX – Affiliation Article X – Line of Authority Article XI – Amendments ARTICLE I - NAME 1.01 The name of this organization shall be the Colleyville Community Garden (CCG) ARTICLE II - PURPOSE 2.01 Organization The CCG is organized as a corporation exclusively for charitable and educational purposes within the meaning of section 501 (c)(3) of the Internal Revenue Code. This organization will abide by all guidelines and regula- tions set forth by The City of Colleyville as well as State and Federal Laws as they apply to Non Profit Tax Ex- empt organizations. 2.02 Purpose The Colleyville Community Garden is a place where members will be able to rent a garden plot for a nominal annual fee. Here the gardener can grow whatever they choose within the CCG rules in an organic environment. It is a place for education, inspiration, relaxation, and conversation where all skill levels are welcome. Our members will be encouraged to donate excess "fruits of our labor" to those in need. ARTICLE III - MEMBERSHIP 3.01 Voting Members Any garden plot renter in good standing will be a voting member of the CCG after paying an annual plot fee and then attending two monthly membership meetings. A member is eligible to vote at the third meeting they attend. 3.02 Honorary Members Members of the Colleyville City Council, our mayor and our Director of Parks shall be honorary members and are cordially invited to attend all meetings. 3.03 Fees A plot fee will be assessed each year. This fee will cover January through December of each year. The amount of the fee will be adjusted according to a vote of the CCG membership. ARTICLE IV –MEMBERSHIP MEETINGS 4.01 Date, Time and Location Monthly membership meetings shall be on the first Friday of each month or as directed by the Executive Board. Meetings shall be at The Rock House in McPherson Park or other location and time as directed by the Executive Board. 4.02 Quorum and Voting In order to transact business, a quorum shall consist of three members of the board of directors. Voting shall be decided by the simple majority of attending members. 4.03 Roberts Rules of Order All meetings shall be conducted pursuant to Roberts Rules of Order as set forth in the latest revision. 4.04 Meeting Changes The President, with the consent of 2 members of the Executive Board, shall have the power to cancel a meeting, change the date of a meeting, or, in an emergency situation, call an additional meeting with three days’ notice given to members. ARTICLE V – OFFICERS, ELECTIONS AND TERMS OF OFFICE 5.01 Officers The Executive Board shall be comprised of the following 7 elected officers: President, First Vice President (Programs/Publicity), Second Vice President (Fundraising/Volunteers), Third Vice President (Garden Coordina- tor), Treasurer, Secretary, and Parliamentarian. 5.02 Eligibility Elected officers should be renters of a garden plot in good standing but this is not required. 5.03 The Nominating Committee (i) Chair - The Parliamentarian shall chair the Nominating Committee (ii) Structure - The committee shall consist of 3 members with at least one other Executive Board member. The CCG President shall not be a member of the Nominating Committee, ex-officio or other- wise. The committee shall be appointed by the President prior to the March general meeting. (iii) Responsibilities - The duties of the committee shall be to form a slate of elective officers for pre- sentation to the general membership. No one may be nominated for any position without his/her con- sent. 5.04 Presentation of Slate and Voting (i) Slate - The slate of Executive Board nominees shall be presented in advance and voted upon at the regularly scheduled March general membership meeting. (ii) Floor Nominations - Nominations may also be made from the floor with the prior consent of the nominee. (iii) Voting Process – A quorum (see Section 4.02) must be present before the voting process begins. Voting shall be by a show of hands unless there are multiple nominees for any one office in which case voting shall be by written ballot. Officers shall be chosen by a simple majority of the members present and voting. 5.05 Transfer of Responsibility New officers shall take office on June 1. All records from the previous Executive Board and committees, includ- ing minutes of meetings, notes on the year’s events, treasurer’s reports, other summaries and instructions, shall be transferred to the new Executive Board in a timely and efficient manner in order to provide for the smooth and efficient transfer of responsibility. 5.06 Terms of Office Each elected office term shall be for one year. No executive board member shall hold the same elected office more than three consecutive years. 5.07 Vacancies In the event of a vacancy of an elected office, the vacancy will be filled by appointment approved by the Execu- tive Board for the remainder of the existing term of the vacant office. 5.08 Removal of Officers Any elected officer absent from two regularly scheduled meetings without having good and valid reasons will be subject to review by the Executive Board and could face removal by a majority vote from the Board. 5.09 Compensation No Executive Board Members or appointed Committee Members shall receive compensation. ARTICLE VI – DUTIES AND FUNCTIONS OF EXECUTIVE BOARD MEMBERS 6.01 President shall: ·preside at all meetings ·appoint all Committee Chairs/Coordinators as the need arises and as deemed necessary to promote the objectives of the CCG ·serve as an ex-officio member of all such committees except the Nominating Committee ·chair the Budget Committee ·have the authority to co-sign checks on behalf of the CCG ·represent the CCG in communications with the city of Colleyville, other organizations, and the public ·ensure effective completion of all Executive Board member responsibilities as outlined in Article VI 6.02 First Vice President (Special Events/Publicity) shall: ·assume the position of President in the event of absence or resignation of the President ·serve as an ex-officio member of committees as requested by the President ·have the authority to co-sign checks on behalf of the CCG ·organize speakers for CCG meetings. The frequency of speakers to be decided by the Executive Board ·be responsible for Publicity. ·be responsible for communicating to the news media and City of Colleyville Communications Director any events or activities of interest involving the CCG program(s) and CCG activities ·perform other duties, as may be delegated by the Board. 6.03 Second Vice President (Fundraising/Volunteers) shall: •help solicit donations for community garden needs. •be responsible for sale of garden stone markers and recognition on community garden signage •be responsible for communicating with schools, boy scouts, girl scouts, Rotary Club, Lion’s Club, gar- den clubs, Colleyville Police and Firefighters, churches and other organizations regarding events at the community garden where volunteers may be needed. •be responsible for communicating to these groups when there will be classes or events at the communi- ty garden that their groups may be interested in. •perform other duties as may be delegated by the board. 6.04 Third Vice President (Garden Coordinator) shall: •be responsible for ensuring that Members are following plot guidelines. •organize garden work days. •perform other duties as may be delegated by the board. •chairs Audit Committee 6.05 Treasurer shall: ·maintain financial records for all CCG activities ·maintain a list of paid community garden members ·be responsible for accounting and depositing all monies ·be responsible for paying all authorized purchases ·prepare a detailed quarterly financial report including all expenses, all income and current balance. ·prepare a monthly financial report for regularly scheduled membership meetings reflecting last month’s ending balance, total of all expenses, total of all income and the current ending balance. ·must be one of the authorized signatures on checks on behalf of the CCG ·be responsible for gathering the necessary information and filing Form 990 in a prompt and accurate manner after the Dec 31 year-end closing as per the Federal Tax Laws ·be responsible for the filing of the Texas Sales and Use Tax Return as required, either quarterly or year- ly, by the State of Texas Comptroller ·ensure all other official filings shall be completed prior to transfer of duties 6.06 Secretary shall: ·record and retain the minutes of all Meetings ·record minutes in full sentences so they are understandable to a member who did not attend the meeting. ·provide a copy of the minutes to the Executive Board prior to the next month’s meeting and present minutes of the prior month’s meeting at each general membership meeting for approval ·handle miscellaneous correspondence for CCG as the need arises ·provide a sign-in sheet at each meeting for members to sign ·perform any other duties as may be delegated by the executive board. 6.07 Parliamentarian shall: ·have Parliamentary authority ·make sure the organization is functioning according to the CCG By-Laws as adopted and/or amended ·ensure that a Quorum is met for monthly general meetings ·make recommendations for amendments to the by-laws as the need arises ·chair By-Laws committee, when needed, and as decided by the Executive Board ·chair the Nominating Committee as described in Section 5.03 ·assist the third vice president in ensuring garden plot renters are following plot guidelines. ·perform any other duties as may be delegated by the executive board. 6.08 Interim Transactions The Executive Board shall have the power to transact, in the interim of all general meetings, all business not otherwise provided for in the By-Laws, except that of modifying any action taken by the general body. Interim transactions regarding fiscal activities are addressed in Article VIII. 6.09 Executive Board Meetings The Executive Board shall normally meet once per month except in June and July. Executive Board meetings shall be the same as monthly membership meetings. The President shall have the authority to cancel a meeting if none is needed, or to call special meetings if needed. A meeting of the Executive Board may also be called by any two other officers and all officers and members must be given 3 days notice. See meetings in Section 4.01. 6.10 Executive Board Quorum and Voting Quorum of the Executive Board shall be a simple majority. Voting requires a two-thirds majority. ARTICLE VII – STANDING COMMITTEES 7.01 Overview (i) Committees - The committees, as outlined in Section 7.02, are recommended but may be added to, deleted or changed by the Executive Board as the need arises and as is necessary to achieve the objec- tives of the organization without amendment to the bylaws. (ii) Appointments - These positions, as outlined in Section 7.02, shall be appointed by the President and approved by the Executive Board. (iii) Attendance at Meetings - Standing Committee chairpersons are expected to attend the monthly general meetings. If unable to attend, a written report should be delivered to the president via email. (iv) Special Committees - Special committees may be appointed by the President as needed. (v) Committee Members – Each Committee Chairperson has the authority to choose their own commit- tee members subject to final approval by the Board. The Board may remove any committee member at any time in its sole discretion. (vi) Terms of Position - Each Chairperson shall serve for one year. (vii) Record keeping - Chairpersons shall maintain a working notebook with a timeline for Committee work and suggestions to pass on to their successors. 7.02 Committees & Responsibilities (i) Audit – Chaired by the Third Vice President - conducts audit of financial records within 60 days of the fiscal year end, consists of three (3) persons not involved with disbursement or control of the or- ganization’s finances; members do not need to be members of the organization (ii) Nominating Committee – see Section 5.03 ARTICLE VIII – FISCAL ACTIVITIES 8.01 Fiscal Year The Fiscal and tax year shall be January first through December thirty-first. 8.02 Audit The financial records shall be audited by the Audit Committee, which will be selected in January, and is chaired by the third Vice President. The audit shall be conducted after the end of the fiscal year (December 31) and pre- sented to the Executive Board. The audit should occur by the end of February. The results shall be made avail- able to the general membership at the next membership meeting after the audit is completed. An audit may be requested at any other time by a simple majority of the Executive Board. 8.03 Budget (i) Committee - The Budget Committee shall be chaired by the President and comprised of the Treasur- er and another executive committee member appointed by the president. (ii) Preparation and Presentation to Board - The committee shall prepare and present a proposed budget for the following fiscal year to the Executive Board. (iii) Preparation and Presentation to Membership - Following Executive Board approval, the budget will be presented to the general membership at the September general meeting. 8.04 Disbursements (i) Budgeted Disbursements - Disbursements approved in the annual budget will not require further approvals. (ii) Signatures - All disbursements from the CCG accounts shall require two authorized signatures of unrelated individuals, one of which must always be the Treasurer. Officers authorized to sign on ac- counts for the CCG are the President, First Vice President, and Treasurer. (iii) Unbudgeted disbursements under $300 - Unbudgeted disbursements of less than $300 which are not specifically covered in the annual budget may be authorized in special circumstances by the Presi- dent, providing funds are available and he/she has the agreement of two other elected officers. Any such disbursements must be reported at the next general membership meeting. (iv) Unbudgeted disbursements over $300 - Unbudgeted disbursements in excess of $300 must be voted on and approved by the general membership at a regularly scheduled meeting. (v) Unbudgeted expenditures between June and August - Any unbudgeted expenditures in excess of $300 between the May and September Executive Board meetings require the unanimous approval of the Executive Board prior to expenditure or commitment, and then must be reported at the next general meeting. 8.05 Tax Exempt Compliance per IRC Section 501 (c)(3) (i) 501 (c)(3) Activities - Notwithstanding any other provision of these articles, the organization shall not carry on any activities not permitted to be carried on by an association exempt from federal income taxes under section 501 (c)(3) of the Internal Revenue Code of 1954 or the corresponding provision of any future United States Internal Revenue law, or by an association’s contributions to which are deductible under section 170 (c)(2) of the Internal Revenue Code of 1954 or the corresponding provision of any future United States Internal Revenue law. (ii) Net earnings use - No part of the net earnings of CCG shall inure to the benefit of, or be distrib- utable to its members, trustees, officers or other private persons, except, that the association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments in the furtherance of the purposes set forth in Article V. (iii) Political and Legislative Activities - No substantial part of the activities of the association shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the association shall not participate in, or intervene in, any political campaign on behalf of any candidate for public office. (iv) Dissolution & Distribution of Funds - Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes with the meaning of section 501(c) (3) of the Internal Rev- enue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to state or local government, for public purpose. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the organiza- tion is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purpose. ARTICLE X – LINE OF AUTHORITY 10.01 The final authority in controversial policy or decision-making will rest with The City of Colleyville . ARTICLE XI - AMENDMENTS 11.01 These by-laws may be amended at any regular meeting of the organization by a majority vote of the members present and voting, provided that notice has been given at the previous regular meeting. A quorum must be present, and the President will only vote in case of a tie. 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 WS-2 Agenda Date 06/20/2017 Type Worksession Department Human Resources Title Discussion of the Health Insurance Renewal for Fiscal Year 2018 (FY 2018) Strategic Plan 2.2 Recruit and retain a highly-qualified workforce 2.4 Demonstrate stewardship of public resources Explanation This item provides an opportunity for City Council and staff discussion of employee health insurance for Fiscal Year 2018 (FY18). The City currently offers the following benefit programs to employees: medical dental vision life and accidental death and dismemberment (AD&D) long term disability flexible spending account employee assistance program, and pricing transparency. All plans are effective October 1 of each year. IPS Advisors On March 1, 2017, the City of Colleyville changed insurance broker/consulting services from Holmes Murphy and Associates to IPS Advisors, Inc. (IPS). As you may recall, the City 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 using commissions built into the insurance premiums. The broker’s commission is calculated as a percentage of the total premium. Earlier this year, the City made the decision to save approximately $51,560 annually in broker/consultant fees starting in FY18 by switching to a flat fee payment structure. IPS has been working diligently over the past few months to assist staff with the insurance renewal and bidding process. They facilitated the annual health insurance bid process and analyzed existing coverage to identify areas for improvement. The results of the insurance bids and recommendations are discussed later in this briefing. IPS will be presenting the results and recommendations of this year’s RFP process to the City Council. City of Colleyville Page 2 City Council Agenda Briefing Benefits and Wellness Committee Each year, the Benefits and Wellness Committee (the “Committee”) assists in reviewing the City’s benefit offerings from an employee perspective. The Committee is comprised of employee staff members representing various departments of the City. The Committee is advisory in nature, lending guidance and support to the City’s benefits and wellness programs and operations. The goal of the Committee is to promote and encourage employee decision-making and ownership in employee benefits and the wellness program, with a primary focus on the health and well-being of employees and their families. This year, the Committee reviewed the bid results, discussed the various plans, and agreed with IPS’ recommendations for next year’s benefit offerings. Medical Insurance The City’s medical plan is the largest cost among all of the lines of coverage at over $2 million per year. The City's current medical provider, BlueCross and BlueShield of Texas (BCBS), typically provides the initial renewal rates to the City in May of each year. Rates are based upon several factors, including: Plan design – deductibles, office and emergency room visit copayments, pharmaceutical copayments, coinsurance, Claims activity – shock claims (one-time) or on-going claims, Credibility factor – how the BCBS fully insured pool is running, Medical and pharmaceutical inflation, and Demographics of participants (age, gender). For FY18, instead of waiting for a renewal, the City went out to bid for our current medical plan designs in April. The City currently offers two PPO (Preferred Provider Organization) plans - a base plan and a buy-up plan. The buy-up plan costs the employee more in premiums but it provides a lower deductible and lower copays than the base plan. The City has offered a PPO plan for many years and has evaluated, and continues to evaluate, other types of plans available in the market, such as health savings accounts (HSA) with a high deductible health plan. The City solicited bids for medical insurance in April and May, with the deadline for bids on May 10, 2017. Carriers were asked to bid on the current two PPO plans as well as an HSA plan option in order to evaluate various alternatives. We received quotes from the following vendors: Aetna BCBS Cigna TML United HealthCare (UHC) The bids ranged from 0% to 17% increases from the City’s current premiums, with the two top competitive bids being from Aetna and BCBS. Aetna submitted a competitive City of Colleyville Page 3 City Council Agenda Briefing bid of +7% increase and BCBS bid a 0% increase. Staff is recommending to remain with BCBS for the same plans and rates as last year. With this 0% rate change, there would be no increase or decrease to the current premiums, and therefore, no budgetary impact for FY18. BCBS did bid an HSA alternative this year, however, the HSA plan quoted would only save the City $4,809 per year. This was not a significant enough number to warrant implementing the plan this year. We would recommend reconsidering this option for a year in which the City receives higher renewals. Dental Insurance During the RFP process, the City also solicited bids from dental providers. The current dental carrier is BCBS Dental and the current dental policy with BCBS is substantially in line with normative data. The current dental plan has a $50 individual deductible and a $150 family deductible with $1,000 orthodontia lifetime maximum and $1,500 annual maximum. The plan covers: preventative services at 100% basic services at 80% major and orthodontia services at 50% This year, IPS Advisors recommended the City consider increasing the orthodontia lifetime maximum to $1,500 to align with other benchmark cities’ plans. The dental policy with BCBS is up for renewal October 1, 2017. The City received a renewal from BCBS Dental with a +35% increase from our current premiums due to a large amount of claims being incurred since the October 1 plan year began. This would result in an additional $41,747 in dental premiums for FY18. Other quotes were received from: Aetna Cigna UHC MetLife United Concordia The Standard Renaissance TruAssure Lincoln Financial Both Aetna and Cigna submitted competitive bids with Aetna bidding a -10.23% decrease and Cigna bidding a 0% increase/decrease. Aetna’s bid at -10.23% would save the City $12,135; however, it was concerning that they were only bidding a one- year rate. There is a potential that if claims ran high another year, next year’s rate would come in high, similar to what BCBS bid this year due to a large amount of claims. In addition, when IPS ran a network and disruption report, it was discovered City of Colleyville Page 4 City Council Agenda Briefing that employees would see more disruption in switching dentists with the Aetna plan than with the Cigna dental plan. CIGNA was able to match current benefits in place today, as well as add a 5% rate cap for year two. This would provide protection for the City if claims continued to run high into the next plan year. As mentioned previously, Cigna’s network and disruption files also came in most favorable to employees. Employees should see little to no disruption with the in-network dental providers they are currently utilizing. Based upon the 0% increase, the limited disruption to employees, and the year two rate cap, staff is recommending to contract with Cigna for dental insurance. There would be no increase or decrease to the current premiums, and therefore, no budgetary impact for FY18. The City currently funds 100% of the employee only cost and 0% for dependent coverage which is in line with other cities in the area. It is recommended to continue this funding structure into the 2017‐2018 plan year. Other Insurance Plans Not Bid for FY18 Since the medical and dental plans listed above were not in a rate guarantee for more than one year, the City solicited bids for these products. Other City benefits were in a rate guarantee so they were not bid for the upcoming year. These are listed below. Vision: The vision plan covers annual eye exams at $10, and employees pay a $25 materials copay. Employees receive a $130 frame allowance and a $160 contact lens allowance. The Vision Plan with Superior Vision is currently in a rate guarantee until October 1, 2020. This means the rates are locked in until this date. No changes are recommended at this time as the current plan of benefits are in line with like entities. Because IPS Advisors is not collecting commissions effective with the new plan year, rates will decrease by -10%, or $1,201 for FY18. Basic Life and AD&D: The current life and AD&D options through Dearborn National are in a rate guarantee until October 1, 2019. The plan offers employer paid Basic Life Insurance with a $15,000 maximum benefit. IPS Advisors is recommending to adjust this benefit to 1 x Base Annual Earnings to $50,000 for the 10/1/17 renewal. These changes would align these benefits more with other cities in the area. Supplemental Life and AD&D: In addition to the Basic Life policy, employees may purchase Supplemental Life Insurance separately up to an employee maximum of $500,000. This benefit is competitive with other benchmark agencies and no changes are recommended to Supplemental Life Insurance at this time. Long Term Disability: The current long term disability option through Dearborn National is in a rate guarantee until 10/1/19. Long Term Disability premiums are paid 100% by the City in case an employee becomes too sick or injured to work. In the event an employee goes on long term disability, this policy pays 60% of an employee’s salary to a maximum of $5,000 per month until they reach Social Security Normal Retirement Age. IPS Advisors recommended adjusting the maximum to $7,500 to be more in line with other benchmark agencies. City of Colleyville Page 5 City Council Agenda Briefing With the change in the Basic Life and AD&D policy and the change to the Long Term Disability policy, the City will see a +2% increase to rates, or $732 for FY18. Employee Assistance Program (EAP): The City currently provides an EAP to employees and their families for counseling, guidance, training and resources. This program assists employees with substance/alcohol abuse, family issues, financial or emotional problems. No changes are recommended to this benefits at this time. Overall, the City has seen over $18,000 in estimated cost savings for 2016. Furthermore, Colleyville’s EAP utilization (6%) is above the national average of 3% this plan year. This plan renews on an annual basis unless cancelled by the City. Flexible Spending Account: The City provides Flexible Spending Accounts to employees who use pre‐tax dollars to pay for out‐of‐pocket healthcare and dependent care expenses. This benefit is provided through Discovery Benefits and no changes are recommended at this time. Pricing Transparency/ Concierge Services: In FY17, the City began offering a new benefit for professional health services. The vendor, Compass Professional Services, provides concierge-type services to employees in helping them navigate the complexities of the healthcare system by providing better information and smarter alternatives that can save time, money and frustration. These type of programs allow employees to call a toll-free number to speak to someone who can walk them through different cost options for prescriptions, medical procedures (such as pricing MRIs or CT scans), and questions about medical bills. When employees are empowered with information, they are better able to make healthcare decisions and save themselves and the plan money. Compass is offered to employees free of charge to assist members in finding high quality, low cost in‐network providers and has a dedicated team to assist employees with healthcare needs. The City has seen 27% utilization since the plan started in October 1, 2016, which is above norms. Overall since October 1, 2016, Compass has saved the employees and the plans over $80,070. This plan renews on an annual basis unless cancelled by the City. Single Non Profit Trust This year, IPS Advisors suggested the City evaluate the option of establishing a single non-profit trust (Trust). Many cities with fully insured plans such as Colleyville’s establish a single non-profit trust in order to save taxes on insurance premiums. The Texas Insurance Code Section 222.002 requires an annual tax on insurers who receive gross premiums for health, life and accident insurance (Attachment A). These taxes are included in the premiums paid to the City’s insurance providers each year. However, under the provisions of the Texas Insurance Code, municipalities may be exempt if the insurance is provided through “a single non-profit trust established to provide coverage primarily for employees . . .” The premium taxes for medical insurance alone would be $37,806 for FY18 medical premiums. In order to establish a Trust, the City Council will need to adopt a resolution and trust documents. The attached draft resolution and sample trust documents establish a City of Colleyville Page 6 City Council Agenda Briefing single non-profit trust for the City of Colleyville for the purpose of collection of receipts for employee insurance and the payment of the premiums associated with these insurance products (Attachment B). The trust specifies: The purpose of the trust, including restrictions on what funds from the trust may be used for; The authority and duties of the trustees; Resignation, removal and succession of the trustees; and Duration of the agreement. Upon approval of the trust documents, staff would need to take the necessary steps to establish the trust and register it with the Internal Revenue Service in accordance with applicable IRS codes. Establishment of the trust will ultimately result in annual cost savings in premium taxes. The savings will also increase as premium costs for insurance products are also likely increase. If the City Council desires to move forward with the establishment of a Trust, the item can be placed on an upcoming agenda for consideration. Summary The City’s annual insurance renewal process provides an opportunity for the City to strategically evaluate available options for all lines of coverage and optimize its benefit offerings to employees. IPS Advisors works closely with staff and the Benefits and Wellness Committee to formulate the most beneficial and cost-effective recommendations that are then brought forward to the City Council for consideration. The following summarizes the recommendations resulting from the meetings with staff, IPS Advisors, and the Benefits and Wellness Committee. The first table covers those costs that will affect the City’s budget. Cost Impact for City-Paid Benefits: Plan Cost Diff Recommendations Medical $0 Renew with BCBS with the same plan designs and rates currently in place. Dental $0 Change from BCBS Dental to Cigna Dental. Basic Life and AD&D $5,070 Adjust this benefit to 1 x Base Annual Earnings to $50,000 to be more in line with other cities. Long Term Disability -$4,339 Adjust the maximum to $7,500 to be more in line with other cities. Employee Assistance Program -$252 Renew with AWP with a -3%, or $252 decrease. Flexible Spending Account $0 No changes to current plan or rates. Pricing Transparency/ Concierge Services $0 No changes to current plan or rates. TOTAL ANNUAL $479 City of Colleyville Page 7 City Council Agenda Briefing If the recommendations are approved, the total budgetary impact to the City of Colleyville would be $479 in FY18. The table below reflects how these recommended changes will affect employees. Cost Impact for Employee-Paid Benefits: Plan Cost Diff Recommendations Medical $0 Renew with BCBS with the same plan designs and rates currently in place. Dental $0 Change from BCBS Dental to Cigna Dental. Vision -$1,201 Renew with Superior Vision with rates decreasing by -10%, or $1,201. Supplemental Life & AD&D $0 No changes to current plan or rates. TOTAL ANNUAL -$1,201 If the recommendations are approved, the total impact to employees would be a savings of $1,201 in vision premiums in FY18. Lastly, it is recommended to move forward with the establishment of a single non- profit trust in order to save City money in premium taxes. If the City Council desires to move forward with the establishment of a trust, the item can be placed on an upcoming agenda for consideration. Attachments 1.RFP and Renewal Recommendations Presentation 2.Attachment A - Texas Insurance Code 222.002 3.Attachment B - Non-Profit Trust Documents Corporate Benefits Consulting Insurance Planning Services Retirement Plan Consulting www.ipsadvisors.com 10000 North Central Expressway, Suite 1100 Dallas, Texas 75231-2313 (214) 443-2400 Toll-Free: (800) 366-4779 Where Experience and Independence Matter RFP and Renewal Recommendations June 20th, 2017 Andrew Weegar Employee Benefits Specialist 1 Medical / Dental RFP Overview Medical /Dental Background The City currently maintains a fully-insured Medical benefit offering through BCBS. The City offers employees a choice between two medical plan options: 1. PPO – Base Plan • $4,000 Individual/$8,000 Family Deductible • Out of Pocket Maximum $5,000 individual/$10,000 family • Coinsurance 80%, Primary Care Copay $30, Specialist Care Copay $50 2. PPO – Buy Up Plan • $2,000 individual/$4,000 family deductible • Out of Pocket Maximum $3,000 individual/$6,000 family • Coinsurance 90%, Primary Care Copay $25, Specialist Care Copay $30 2 Medical / Dental RFP Overview In addition, the City maintains a Dental benefit offering through BCBS. The City offers employees a single plan option: Dental PPO •100% Preventive Services, 80% Basic Services, 50% Major and Orthodontia Services •$1,500 Dental Lifetime Maximum •$1,000 Orthodontia Lifetime Maximum 3 RFP Vendor List Medical Blue Cross Blue Shield - Incumbent- Recommended Aetna – Quoted/ Competitive United Healthcare – Quoted / Not Competitive Cigna – Quoted / Not Competitive TML – Quoted / Not Competitive Scott & White – Declined Dental Blue Cross Blue Shield - Incumbent-Quoted Cigna – Quoted – Recommended Aetna - Quoted/ Competitive United Healthcare – Quoted / Not Competitive MetLife – Quoted / Not Competitive United Concordia – Quoted / Not Competitive The Standard – Quoted / Not Competitive Renaissance – Quoted / Not Competitive TruAssure – Quoted / Not Competitive Lincoln Financial – Quoted / Not Competitive Humana – Declined Principal – Declined Delta Dental – Declined Unum – Declined 4 2017 BCBS Claims vs. Premium Report Date Enrollees Medical Claims Rx Claims Total Cost Premium Loss Ratio 15-Oct 170 $73,831 $19,346 $93,177 $163,867 56.9% 15-Nov 171 $209,683 $15,287 $224,970 $165,076 136.3% 15-Dec 170 $73,215 $23,315 $96,530 $164,583 58.7% 16-Jan 170 $62,029 $23,402 $85,431 $163,629 52.2% 16-Feb 170 $156,534 $14,913 $171,447 $162,909 105.2% 16-Mar 172 $134,491 $22,446 $156,937 $169,331 92.7% 16-Apr 174 $48,056 $24,081 $72,137 $169,977 42.4% 16-May 170 $156,817 $18,889 $175,706 $166,785 105.3% 16-Jun 168 $177,118 $17,613 $194,731 $164,045 118.7% 16-Jul 170 $50,140 $29,407 $79,547 $165,080 48.2% 16-Aug 170 $49,507 $17,452 $66,959 $165,851 40.4% 16-Sep 171 $53,331 $32,010 $85,341 $169,114 50.5% Plan Year Total 171 $1,244,752 $258,161 $1,502,913 $1,990,247 75.5% 16-Oct 171 $47,141 $33,744 $80,885 $177,994 45.4% 16-Nov 171 $142,592 $24,210 $166,802 $179,045 93.2% 16-Dec 171 $113,947 $45,680 $159,627 $181,426 88.0% 17-Jan 171 $260,123 $22,980 $283,103 $181,733 155.8% 17-Feb 169 $120,553 $23,412 $143,965 $178,647 80.6% 17-Mar 169 $104,070 $29,757 $133,827 $178,647 74.9% 17-Apr 167 $122,198 $26,803 $149,001 $177,559 83.9% Plan Year Total (YTD)170 $910,624 $206,586 $1,117,210 $1,255,051 89.0% *Loss Ratio Last Twelve Months: 82% 5 Overview & Recommendations Medical – Blue Cross Blue Shield (Recommended) •The City released an RFP and received multiple offers, however IPS did not find these offers to be competitive due to pricing, benefit changes, and network disruption. Of these quotes, Aetna provided a 7% increase over current rates today. •BCBS presented a rate pass for the 2017-2018 plan year (0% increase). Though Colleyville’s claims exceeded BCBS’ target loss ratio of 83% this plan year, BCBS believes medical claims will improve next plan year due to some large claimants coming off the plan. 6 Overview & Recommendations Medical – Blue Cross Blue Shield (Recommended) •IPS did evaluate alternative plan designs and alternative plan designs for additional savings, including a high deductible health plan with a health savings account (HSA). However, it is recommended to reserve plan design changes such as the HSA for years the City is facing larger increases. •BCBS will continue to provide a $10K wellness credit that may be used to pay for Baylor Scott & White’s wellness program which is planned to continue in 2017- 2018. •It is recommended for the City of Colleyville to renew with BCBS for medical insurance for the 2017-2018 plan year. 7 Overview & Recommendations Dental – Cigna (Recommended) •The current dental provider, BCBS Dental, presented a +35%, or $41,747 increase to rates for the 2017-2018 plan year. Due to the dental loss ratio exceeding 100%, BCBS was not able to reduce their bid. •Cigna presented a rate pass (0% increase). Cigna was able to match current benefits in place today and enhance the Orthodontia Lifetime Maximum from $1,000 to $1,500. •Though the City received multiple competitive offers, Cigna’s network and disruption files came in most favorable to employees. IPS does not anticipate employee disruption by changing dental providers. Furthermore , Cigna did provide a 5% rate cap for year two. This provides protection for the City if claims run poorly next plan year. •It is recommended for the City of Colleyville to contract with Cigna for dental insurance for the 2017-2018 plan year. 8 Overview & Recommendations (continued) Vision – Superior Vision •The voluntary vision plan is currently in a rate guarantee until 10/1/2020 with Superior Vision. Furthermore , because IPS Advisors is not collecting commissions from the City, rates will actually decrease in 2017-2018 by -10%, or $1,201 per year. •No changes are recommended to these benefits as they fall inline with like entities. 9 Overview & Recommendations (continued) Ancillary Benefits – Basic Life AD&D/Voluntary Life/LTD – Dearborn National •The current ancillary benefits with Dearborn National are in a rate guarantee until 10/1/2019. As of today, 15% commissions are currently built into the current Basic Life, Voluntary Life, and Long Term Disability rates. Starting 10/1/2017, commissions will be excluded, therefore reducing the current premiums by 15%. •IPS is proposing to make changes to the Basic Life AD&D and Long Term Disability benefits to align these benefits more with municipal benchmarks. For example, to align with other cities’ life policies, it is recommended to increase the Maximum Benefit for the Basic Life AD&D policy from $15K to 1 X Base Annual Earnings up to $50K. •IPS also recommends to increase the Long Term Disability Monthly Maximum benefit from $5K to $7,500 to ensure all employees receive their full disability benefit if too sick or injured to work. •By making the following changes, the City will see a +2%, or $732 annual increase to rates starting 10/1/2017. 10 Overview & Recommendations (continued) Employee Assistance Program – Alliance Work Partners (AWP) •Employee Assistance Programs (EAPs) provide assistance with financial issues, stress at home or in the workplace, legal issues, and alcohol and substance abuse. •Overall, the City has seen over $18,000 in estimated cost savings for 2016. Colleyville’s EAP utilization (6%) is above national average of 3% this plan year. •Renewing with AWP is recommended for the 2017-2018 plan year with a -3%, or $252 decrease. No changes are recommended at this time and rates will be guaranteed for one year. Flexible Spending Account – Discovery Benefits •The Flexible Spending Account with Discovery Benefits is currently in a rate guarantee until 10/1/2021 and no changes are recommended at this time. •Renewing with Discovery Benefits is recommended for the 2017-2018 plan year. 11 Overview & Recommendations (continued) Pricing Transparency/Medical Concierge – Compass •Compass Professional Health Services (Compass) provides the following benefits to employees: Ø Helping employees understand their benefit plans and how certain services will affect their pocketbook Ø Saving on medical care by pricing various procedures, such as CT scans and MRI, with different doctors Ø Providing help with medical bills and how the claims were processed Ø Assisting employees with finding nearby in-network doctors, specialists, dentists and eye care professionals to meet the employee’s health needs Ø Providing comparisons of prescription prices and exploring lower cost options with employees •As of the end of March 2017, Compass reports over $80,000 in savings to employees and the medical plan for the City of Colleyville since its inception in October 2016. •Renewing with Compass Professional Health Services is recommended for the 2017-2018 plan year with a 0% increase, or rate pass. 12 Combined Total Financials Notes: *Assumes 175 employees *Vision is paid 100% by employee *Medical and Vision include 1.75% premium taxes (Dental financials excludes premium taxes) Total Financials FINANCIALS 2016-2017 2017-2018 Medical Premium $2,149,169 $2,149,169 Dental Premium $118,601 $118,601 Vision Premium $12,061 $10,860 Life/Disability Premium $34,739 $35,471 EAP Premium $7,959 $7,707 FSA Premium $3,108 $3,108 Compass $10,500 $10,500 13 Total Financial Impact to the City Plan Cost Diff Recommendations Medical $0 Renew with BCBS with the same plan designs and rates currently in place. Dental $0 Change from BCBS Dental to Cigna Dental. Basic Life and AD&D $5,070 Adjust this benefit to 1 x Base Annual Earnings to $50,000 to be more in line with other cities. Long Term Disability -$4,339 Adjust the maximum to $7,500 to be more in line with other cities. Employee Assistance Program -$252 Renew with AWP with a -3%, or $252 decrease. Flexible Spending Account $0 No changes to current plan or rates. Pricing Transparency/ Concierge Services $0 No changes to current plan or rates. Total City Cost Change FY18 $479 Additional Cost to City 14 Total Financial Impact to Employees Plan Cost Diff Recommendations Medical $0 Renew with BCBS with the same plan designs and rates currently in place. Dental $0 Change from BCBS Dental to Cigna Dental. Vision -$1,201 Renew with Superior Vision with rates decreasing by -10%, or $1,201. Supplemental Life and AD&D Insurance -$0 Total Employee Cost Change -$1,201 Savings to Employees 15 Non-Profit Trust Agreement Non-Profit Trust Agreement – Recommended •The Texas Insurance Code Section 222.002 requires an annual tax on insurers who receive gross premiums for health (medical, dental, vision), life and accident insurance. These taxes are included in the premiums paid to the City’s insurance providers each year . •Municipalities are exempt from having to pay premium tax if premiums are funded out of a Non-Profit Trust account. •BCBS’ fully insured medical quote includes approximately 1.75%, or $37,806 of premium tax. This is where the City will see the biggest savings . •It is recommended that this Trust account be implemented October 1st (FY18) to take advantage of this tax break. •If the City Council wishes to move forward with establishing this Trust, we will prepare a resolution and Trust document for an upcoming City Council meeting. 16 Questions? INSURANCE CODE TITLE 3. DEPARTMENT FUNDS, FEES, AND TAXES SUBTITLE C. INSURANCE MAINTENANCE TAXES CHAPTER 257. LIFE, HEALTH, AND ACCIDENT INSURANCE Sec. 257.001. MAINTENANCE TAX IMPOSED. (a) A maintenance tax is imposed on each authorized insurer, including a group hospital service corporation, managed care organization, local mutual aid association, statewide mutual assessment company, stipulated premium company, and stock or mutual insurance company, that collects from residents of this state gross premiums or gross considerations subject to taxation under Section 257.003. The tax required by this chapter is in addition to other taxes imposed that are not in conflict with this chapter. (b) In this section, "managed care organization" means an organization authorized under this code to engage in the business of issuing health benefit plans that is not authorized as a health maintenance organization, preferred provider organization, or insurance company and the taxation of which is not preempted by federal law. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005. Amended by: Acts 2007, 80th Leg., R.S., Ch. 932 (H.B. 3315), Sec. 14, eff. June 15, 2007. Sec. 257.002. MAXIMUM RATE; ANNUAL ADJUSTMENT. (a) The rate of assessment set by the commissioner may not exceed 0.04 percent of the gross premiums and gross considerations subject to taxation under Section 257.003. (b) The commissioner shall annually adjust the rate of assessment of the maintenance tax so that the tax imposed that year, together with any unexpended funds produced by the tax, produces the amount the commissioner determines is necessary to pay the expenses during the succeeding year of regulating life, health, and accident insurers. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005. Attachment A Sec. 257.003. PREMIUMS AND CONSIDERATIONS SUBJECT TO TAXATION; LIMIT. (a) An insurer shall pay maintenance taxes under this chapter on the correctly reported: (1) gross premiums collected from writing life, health, and accident insurance in this state, except as provided in Subsection (b); and (2) gross considerations collected from writing annuity or endowment contracts in this state. (b) The gross premiums on which an assessment is based under this chapter may not include: (1) premiums received from the United States for insurance contracted for by the United States in accordance with or in furtherance of Title XVIII of the Social Security Act (42 U.S.C. Section 1395c et seq.) and its subsequent amendments; or (2) premiums paid on group health, accident, and life policies in which the group covered by the policy consists of a single nonprofit trust established to provide coverage primarily for employees of: (A) a municipality, county, or hospital district in this state; or (B) a county or municipal hospital, without regard to whether the employees are employees of the county or municipality or of an entity operating the hospital on behalf of the county or municipality. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005. Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.006(a), eff. September 1, 2005. Sec. 257.004. MAINTENANCE TAX DUE DATES. (a) The insurer shall pay the maintenance tax annually, semiannually, or on another periodic basis, as determined by the comptroller. (b) The comptroller may require semiannual or other periodic payment only from an insurer whose maintenance tax liability under this chapter for the previous year was at least $2,000. Added by Acts 2003, 78th Leg., ch. 1274, Sec. 1, eff. April 1, 2005. ATTACHMENT B DRAFT RESOLUTION R-17-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF, TEXAS, AUTHORIZING CREATION OF AN EMPLOYEE BENEFITS TRUST; DESIGNATING ALL MEMBERS OF THE CITY COUNCIL TO BE TRUSTEES OF SAID TRUST; AND AUTHORIZING THE TRUST TO PURCHASE VARIOUS FORMS OF INSURANCE FOR THE BENEFIT OF CITY OFFICERS, EMPLOYEES, QUALIFIED RETIREES, AND THEIR DEPENDENTS. WHEREAS, the City of Colleyville, Texas (the “City”) provides or offers various employee benefits to its employees, including health, dental, and life insurance, and disability benefits; and WHEREAS, state law imposes a tax upon the receipt of gross premiums and revenues associated with such benefits; and WHEREAS, state law also authorizes the exemption of such premiums and revenues from state law, provided, that the City establishes and maintains the funds under the ownership and control of a single, nonprofit trust; and WHEREAS, the City Council of the City finds it to the in the public interest to authorize the creation of an Employee Benefits Trust for the reasons provided above; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. The City Council hereby authorizes creation of an Employee Benefits Trust, designating all members of the City Council to be Trustees of said Trust, and authorizing the Trust to purchase various forms of insurance for the benefit of City officers, employees, qualified retirees, and their dependents, all of which is pursuant to the Declaration of Trust attached as Exhibit “A.” Resolution R-17-XXXX Page 2 of 2 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 11TH DAY OF JULY 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 5, Nancy Coplen Place 3, Kathy Wheat Place 6, Mike Taylor Place 4, George Dodson ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor SA M P L E D O C U M E N T S DRAFT DECLARATION OF TRUST I. CREATION OF TRUST The City of Colleyville (“City”), as Settlor or creator of the trust, designates the members of the City of Colleyville Trustees and declares that the City holds in trust the funds described in Schedule A attached hereto and incorporated herein by reference, which is the property of the City, and all substitutions and additions to such funds, for the purpose of providing or offering, whether now or possibly in the future, life, disability, sick, accident, and other health benefits to the City’s officers, employees, and qualified retirees and their dependents. II. PURPOSE This is a nonprofit trust created for the purpose of providing or offering, whether now or possibly in the future, City officers, employees, and qualified retirees and their dependents with life, disability, sickness, accident, and other health benefits either directly or through the purchase of insurance and to perform operations in furtherance thereof. The Trust is intended to qualify as a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code (the “Code”). III. DURATION The Trust shall continue until terminated by operation of law or by majority vote of the Trustees. IV. TRUSTEES: COMPOSITION, OFFICERS, COMPENSATION, AND MEETINGS A. Composition. The Trustees are the City Manager, Chief Financial Officer and the Human Resources Director of the City, and each Trustee’s term is contemporaneous with his or her term of employment with the City. Whenever a Trustee ceases to be an employee of the City, the person succeeding him or her in office will automatically be appointed to serve as a successor Trustee of the Trust. B. Meetings. A meeting of the Trustees may be called by the City Manager or on written request to the City Manager by one of the Trustees. Trustees shall have at least three days written notice of any meeting. For purposes of this section, electronic mail notice is written notice. SA M P L E D O C U M E N T S V. RIGHTS, POWERS, AND DUTIES OF TRUSTEES; QUORUM AND VOTING A. Rights, Powers, and Duties. In addition to all other powers and duties conferred on them by this Trust document and imposed or authorized by law, the Trustees shall have the following powers and duties, but only to the extent permissible for a single purpose non-profit trust under Section 222.002(c)(5) of the Texas Insurance Code: 1.The Trustees shall carry out all of the duties necessary for the proper operation and administration of the Trust on behalf of the covered persons and shall have all the powers necessary and desirable for the effective administration of the affairs of the Trust. 2.The Trustees have the general power to make and enter into all contracts, leases, and agreements necessary or convenient to carry out any of the powers granted by this Trust document or by law or to effectuate the purpose of the Trust. All such contracts, leases, and agreements or any other legal documents herein authorized shall be approved by the Trustees by majority vote at a duly called meeting at which a quorum is present and signed by the City Manager on behalf of the Trust. The Trustees may also designate another Trustee to sign such documents. 3.The Trustees shall use the Trust’s funds to accomplish the purpose of the Trust, as described in Section II herein, and to operate and administer the Trust solely in the interest of the covered City officers, employees, and qualified retirees and dependents thereof and for the exclusive purpose of providing or offering benefits to such persons and defraying the reasonable expenses of administration of the Trust. To this end, the Trustees may purchase life, disability, or accident and health insurance to provide or offer coverage for participating City officers, employees, and qualified retirees and their dependents. The Trustees may also adopt a health benefits plan that covers eligible City officers, employees, and qualified retirees, and their dependents. 4.The Trustees may accept contributions to the Trust funds from any source including contributions from covered persons receiving benefits from the Trust. 5.The Trustees shall be authorized to contract with any qualified organization to perform any of the functions necessary for providing or offering life, disability, sick, accident, and other health benefits, including but not limited to excess loss insurance, stop loss insurance, claims administration, administrative services, and any other services that the Trustees shall deem expedient for the proper operation of the Trust. When required by law or desired by the Trustees, the Trustees shall seek sealed competitive bids or sealed competitive proposals with respect to contracts required to carry out the operations of the Trust and to affect the purpose of the Trust. SA M P L E D O C U M E N T S 6.The Trustees shall arrange for the investing of the funds of the Trust so as to keep the same invested according to law and at the best interest rates obtainable for the benefit of the covered persons. The Trustees may hire money managers and shall adopt an investment policy for its own use and that of its agents in making investments. The Trustees shall use the City’s selected depository for the Trust’s funds and provide for the proper security of any and all investments. The Trustees shall designate signatories for the Trust’s depository accounts. 7.The Trustees may purchase insurance for the Trustees and any other fiduciaries appointed by the Trustees and for the Trust itself to cover liability or losses occurring by reason of the act or omission of any one or more of the Trustees or any other fiduciary appointed by them. Any insurance purchased by the Trustees must give the insurer recourse against the Trustees or other fiduciaries concerned for breach of any fiduciary obligation or fiduciary duty owed to the Trust. 8.The Trustees shall arrange for proper accounting and reporting procedures for the Trust’s funds and shall also provide for an annual audit of the Trust’s financial affairs by a certified public accountant. 9.The Trustees may retain legal counsel to represent the Trust and the Trustees in all legal proceedings as well as to advise the Trust and the Trustees on all matters pertaining to the operation and administration of the Trust. 10.The Trustees have the authority to terminate the Trust at any time. 11.Upon termination of the Trust, the Trustees shall provide for the payment of Trust obligations, debts, losses, and other liabilities and shall provide for the disposition of’ the remaining Trust funds in accordance with Section IX herein. B. Quorum and Voting. Two of the Trustees shall constitute a quorum for the transaction of business at any meeting of the Trustees and the vote of two Trustees present shall be required for approval of any action at such meeting. The vote of the Trustees at such meeting shall constitute action of the Trustees as a group. VI. BENEFICIARIES The beneficiaries of the Trust are the City officers, employees, and qualified retirees and their dependents who are covered by a life, disability, sick, accident, or other health benefits plan purchased or adopted by the Trust (also called “covered persons” herein). Beneficiaries may make contributions to the Trust for use by the Trustees in fulfilling the purposes of the Trust. No beneficiary shall have any claim against the funds or any other property of the Trust. The rights and interests of the beneficiaries are limited to the insurance or health benefits specified in any policy purchased or plan adopted by the Trustees. SA M P L E D O C U M E N T S VII. TRUST FUNDS The Trust funds consist of the funds described in Schedule A hereto as provided by the Settlor to institute this Trust, future contributions by the Settlor, beneficiary contributions, investment income, and any other money or property which shall come into the hands of the Trustees in connection with the administration of the Trust. The funds of the Trust shall not inure to the benefit of, or be distributed to, any private person, except for the payment of necessary costs and benefits described below. The Trustees may use the Trust’s funds as follows: 1. to pay premiums on group health, accident and life policies or contracts; 2. to make authorized investments and paying fund management fees from the proceeds of the investment. VIII. LIABILITY OF TRUSTEES AND OFFICERS The Trustees shall use ordinary care and reasonable diligence in the exercise of their powers and the performance of their duties hereunder; and they shall not be liable for any mistake of judgment or other action made, taken or omitted by them in good faith, nor for any action taken or omitted by any agent, employee or independent contractor selected with reasonable care; nor for loss incurred through investment of the Trust funds or failure to invest. No Trustee shall be liable for any action taken or omitted by any other Trustee. No Trustee shall be required to give a bond or other security to guarantee the faithful performance of his or her duties hereunder. To the fullest extent permitted by law: (a) the City shall indemnify each Trustee who was, is, or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding (“Proceeding”), any appeal therein, or any inquiry or investigation preliminary thereto, by reason of the fact that the Trustee is or was a Trustee; (b) the City shall pay or reimburse a Trustee for expenses incurred (i) in advance of the final disposition of a Proceeding to which such Trustee was, is or is threatened to be made a party, and (ii) in connection with such Trustee’s appearance as a witness or other participation in any Proceeding. IX. AMENDMENT, REVOCATION AND TERMINATION This Declaration of Trust and the Trust created herein shall terminate when and if required by operation of law. The Trustees shall have the power to amend, modify, terminate or revoke, in whole or in part, this Declaration of Trust and the Trust created herein by majority vote at a duly called meeting at which a quorum is present. Notwithstanding the foregoing, the Trustees shall have no power to amend Section II of this Declaration of Trust. Beneficiaries of the Trust shall have no right to amend this Declaration of Trust, and their approval shall not be a condition or SA M P L E D O C U M E N T S requirement for an authorized amendment by the Trustees. Upon termination of the Trust, the Trustees shall pay all obligations, debts, losses, and other liabilities of the Trust. Thereafter, the Trustees shall first use the remaining trust funds to pay covered claims of persons covered under the Town’s health benefits plan that may be in effect at the time of termination of the Trust and then, either apply any remaining balance of the funds to provide the benefits described herein or transfer such funds to a successor whose income is excluded under Section 115(1) of the Code. Notwithstanding the foregoing, the Trustees, upon termination of the Trust and payment of all Trust obligations may, by vote of a majority of the Trustees, transfer the remaining funds or any portion thereof to the trustees of any trust or trusts established by the City for a substantially similar purpose to be applied for uses substantially similar to those set forth in Section II herein. X. GOVERNING LAW This Declaration of Trust and the Trust created herein shall be construed and governed by the laws of the State of Texas in force from time to time. XI. MISCELLANEOUS Whenever the context so admits and such treatment is necessary to interpret this Declaration of Trust in accordance with its apparent intent, the use herein of the singular shall include the plural, and vice versa, and the use of the feminine, masculine, or neuter gender shall be deemed to include the other genders. The captions or headings above the various Sections of this Declaration of Trust have been included only to facilitate the location of the subjects covered by each Section but shall not be used in construing this Declaration Trust. If any clause or provision of this Declaration of Trust proves to be or is adjudged invalid or void for any reason, such invalid or void clause, provision, or portion shall not affect the whole, but the balance of the provisions hereof shall remain operative and shall be carried into effect insofar as is legally possible. [REMAINDER OF PAGE INTENTIONALLY BLANK; SIGNATURE PAGE FOLLOWS.] SA M P L E D O C U M E N T S IN WITNESS HEREOF, the undersigned parties have executed this Declaration of Trust, consisting of seven (7) pages and Schedule A attached hereto, on the dates of their respective acknowledgments below. By joining in the execution of this Declaration of Trust, the Trustees acknowledge receipt of the property described in Schedule A, signify acceptance of the Trust created hereunder, and covenant that the Trust will be executed with all due fidelity. This Trust is effective as of the last date of signature below. ________________________ M a y o r D a t e ________________________ J e r r y D u c a y , T r u s t e e D a t e ________________________ Shereen Gendy, Trustee D a t e ________________________ R a c h e l H u i t t , T r u s t e e D a t e SA M P L E D O C U M E N T S ACKNOWLEDGMENTS THE STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on this _____ day of ______________ 2017, by Jerry Ducay, City Manager of the City of Colleyville on behalf of the City. N o t a r y P u b l i c I n and For the State of Texas (SEAL) THE STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on this _____ day of ______________ 2017, by Shereen Gendy, Chief Financial Officer of the City of Colleyville on behalf of the City. N o t a r y P u b l i c I n and For the State of Texas (SEAL) THE STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on this _____ day of ______________ 2017, by Rachel Huitt, Human Resources Director of the City of Colleyville on behalf of the City. N o t a r y P u b l i c I n and For the State of Texas SA M P L E D O C U M E N T S SCHEDULE A The following is a list of the assets initially transferred by the City of Colleyville, Texas, to the Trust: City of Colleyville’s first month (October 2017) contributions for Employee and Dependents Medical/Pharmacy Benefits, Dental Benefits, Life Insurance Benefits, and Long-Term Disability Benefits. City of Colleyville’s Employee and Dependents first month (October 2017) of Plan Year’s payroll deductions or contributions for Medical/Pharmacy Benefits, Dental Benefits, Life Insurance Benefits, and Long-Term Disability Insurance Benefits. 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 WS-3 Agenda Date 06/20/2017 Type Presentation and Discussion Department Fire Title Update and discussion of overhead doors at Fire Stations 1 and 3 Strategic Plan 2.1 Provide responsive, efficient city services Explanation This item is provided at the request of Councilmember Mike Taylor. At the June 13, 2017 Budget Worksession, there was discussion concerning funding and necessity of overhead doors at Fire Stations 1 and 3. During the FY2017 budget process, funding in the amount of $66,000, from the general fund, was approved to purchase and install four-fold apparatus bay doors at Fire Station #1. As staff moved forward with this project, there were unanticipated and substantial price increases for the purchase and installation of the four-fold doors, and the project was put on hold. Door upgrades and additional electrical work to support the upgrades caused the price to nearly double the costs of the doors. The assigned funds, $66,000, did not cover the door cost for Station #1, but it was believed it would cover the cost for Station #3. At the July 25, 2016 City Council Worksession, there was discussion between staff and City Council, and it was determined the $66,000 would be set aside and at year-end, those funds would be transferred to the CIP to preserve funding. By Ordinance O-16- 1988 attached, the $66,000 was transferred from the General Fund to the Capital Projects Fund. During FY2017, staff requested and received three quotes for four fold bay doors for both Station #1 and #3. Johnson Equipment Company provided the lowest and more thorough cost estimates. While going through the quoting process, Johnson Equipment determined Station #1 has no structural challenges for door installation, however, there would be electrical wiring which would be required. Station #1 has three doors. Station #3 has two doors and requires engineering structural support for existing walls, electrical, and fire suppression piping relocation, before the doors can be installed. The FY2018 budget request for the CIP proposes funding a total of $230,000 ($115,000 each door), based on the attached pricing quotations, which includes a City Council Agenda Briefing City of Colleyville Page 2 contingency of $13,311 for Station #1, and $12,880 for Station #3, to cover any additional needs should these projects be approved. Staff recommends the City Council approve funding for the doors at Station #1 and Station #3, as a proactive measure to future maintenance, as the four fold doors have fewer motor driven parts and will potentially allow greater efficiency and sight visibility when leaving the stations. Attachments 1.Fire Station Door Replacement Presentation 2.Fire Station Door Replacement Quotations 3.Ordinance O-16-1988 Fire Station #1 and #3 Door Discussion City Council Worksession June 20, 2017 •In FY2016 $66,000, from the general fund, was approved to purchase and install four -fold apparatus bay doors at Fire Station #1. •Door upgrades and additional electrical work to support the upgrades caused the price to nearly double the costs of the doors. •The assigned funds, $66,000, did not cover the door cost for Station #1, but it was believed it would cover the cost for Station #3 . •$66,000 transferred from the General Fund to the CIP to preserve funding by Ordinance O-16-1988, September 20, 2016 HISTORY HISTORY Project Information •Installation of four-fold doors at Fire Station # 3 •High quality; low maintenance; dependable •Heavy duty durable construction •Full visibility of door opening and closing operations Funding •Project Budget: $66,000 •Funding Source: General Fund Key Dates •Approval to purchase and install four-fold apparatus bay doors at Fire Station #3 was obtained during early FY 2016 Project Status •As a result of unanticipated and substantial price increases for the purchase and installation of the four-fold doors, the project was put on hold. The original request was for Station #1 however, the assigned funds will not cover the cost. The funds will be sufficient to complete Station #3. Door upgrades and additional electrical work to support the upgrades have caused the price to nearly double the costs of the doors. Additional discussions on funding the doors will be required. Fire Station #3 – 2016 Presentation (Folding Doors) 2017 COST ANALYSIS– STATION #1 STATION #1 – 3 DOORS - NO STUCTURAL REQUIREMENTS Door Engineering and Manufacturing $ 92,719 Electrical $ 7,470 Additional Electrical $ 1,500 Sub Total $101,689 Contingency $ 13,311 Total Requested Funding $115,000 2017 COST ANALYSIS – STATION #3 Door Engineering and Manufacturing $ 64,650 Electrical $ 4,980 Additional Electrical $ 1,500 Structural Engineering $ 4,830 Fire Suppression Relocate $ 2,160 Door Structural Support $ 24,000 Sub Total $102,120 Contingency $ 12,880 Total Requested Funding $115,000 STATION #3 – 2 DOORS - STUCTURAL REQUIREMENTS Discussion and Questions Fire Station Door Replacement Quotations ORDINANCE 0-16-1988 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING SECTION 3 OF ORDINANCE 0-15-1967 OF THE FISCAL YEAR 2016 GENERAL FUND BUDGET FOR THE TRANSFER OF 120,000 FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND FOR FUTURE MANAGEMENT SUPPORT OF THE COLLEYVILLE BOULEVARD RECONSTRUCTION PROJECT ON SEPTEMBER 30, 2016; THE TRANSFER OF THE BALANCE OF FISCAL YEAR 2016 REVENUES RECEIVED ABOVE FISCAL YEAR 2016 EXPENDITURES FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND; THE TRANSFER OF FISCAL YEAR 2016 REVENUES RECEIVED ABOVE THOSE REQUIRED FOR THE DEBT COVERAGE RATIO IN THE UTILITY FUND TO A RESERVED CASH ACCOUNT FOR FUTURE UTILITY INFRASTRUCTURE PROJECTS ON SEPTEMBER 30, 2016; AND AUTHORIZING THE CITY MANAGER TO TRANSFER CERTAIN UNSPENT FY 2016 GENERAL FUND BUDGET APPROPRIATIONS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND TO PRESERVE FUNDING AMOUNTS ON SEPTEMBER 30, 2016 WHEREAS, the FY 2016 General Fund projected year end revenues are anticipated to exceed budget; and WHEREAS, the City Council desires to provide funding in the amount of 120,000 for management support of the Colleyville Boulevard Reconstruction Project, it is necessary to amend the FY 2016 General Fund budget to include the transfer of $120,000 to the Capital Projects Fund; and WHEREAS, the FY 2016 General Fund projected year end revenues are anticipated to exceed budgeted revenues and the City Council desires to provide funding for future capital projects, it is necessary to amend the FY 2016 budget to include the transfer of the balance of General Fund revenues received in FY 2016 over FY 2016 expenditures to the Capital Projects Fund; and WHEREAS, the FY 2016 Utility Fund projected year end revenues are anticipated to exceed the amount required for the debt coverage ratio in the Utility Fund and the City Council desires to provide additional funding for future utility infrastructure capital projects, it is necessary to amend the FY 2016 budget to include the transfer of any Utility Fund revenues received in FY 2016 over the amount required for the debt coverage ratio to a reserved cash account; and Ordinance 0-16-1988 Page 2 of 3 WHEREAS, the City Council desires to preserve unspent Fiscal Year 2016 General Fund budget appropriations for contractual services for the Community Development Department, replacement of bay doors at fire station one, and city hall faGade lighting; and WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meetings Act; and WHEREAS, the City Council determines that the passage of this ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Section 3 of Ordinance 0-15-1967 shall be replaced in its entirety and read as follows: THAT appropriation amounts for the Fiscal Year 2016 budget for the different funds of the City of Colleyville are hereby fixed as follows: General Fund Utility Fund (Water & Wastewater) Debt Service Fund Drainage Utility Fund 24,097,370 15,886,362 1,461,593 917,997 Sec. 2. THAT the city manager is authorized to transfer the difference in FY 2016 General Fund revenues over expenditures from the General Fund to the Capital Projects Fund for future capital projects on September 30, 2016. Sec. 3. THAT the city manager is authorized to transfer the difference in FY 2016 Utility Fund revenues over the amount required for the debt coverage ratio in the Utility Fund to a reserved cash account for future utility infrastructure capital projects on September 30, 2016. Sec. 4. THAT the city manager is authorized to transfer unspent Fiscal Year 2016 General Fund budget appropriations for contractual services for the Community Development Department, replacement of bay doors at fire station one, and city hall faGade Ordinance 0-16-1988 Page 3 of 3 lighting, from the General Fund to the Capital Projects Fund to preserve said funding on September 30, 2016. Sec. 5. THAT, in the event that expenditures in a department exceed the adopted budget for that department, the city manager is authorized to transfer all or part of the unencumbered appropriation balance from one department to another per the Charter of the City of Colleyville, Section 9.04 (D): Sec. 6. THAT the effective date of this ordinance shall be September 30, 2016. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 6th day of September 2016. The second reading and public hearing being conducted on the 20t" day of September 2016. APPROVED BY A VOTE OF AYES, NAYS, AND O ABSTENTIONS ON THIS THE 20T" DAY OF SEPTEMBER 2016. Mayor Richard Newton Mayor Pro Tem Chris Putnam . . Place 1, Tammy Nakamura i u Place 5, Nancy Coplen c Place 2, Bobby Lindamood { .` Place 6, Mike Taylor _ Place 4, Jody Short ATTEST: Amy helley, - City Secretary APPROVED AS TO FORM AND LEGALITY: c. 2 Matthew C. G. Boyle City Attorney Y OF COLLEYVILLE Richard Newton 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 WS-4 Agenda Date 06/20/2017 Type Worksession Department City Secretary Title Discussion of the June 20, 2017, City Council regular agenda items 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 06/20/2017 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 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities 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 Attachments RESOLUTION R-17-4144 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JUNE 20, 2017 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 20 TH DAY OF JUNE 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Nancy Coplen Place 6, Mike Taylor ATTEST: CITY OF COLLEYVILLE Christine Loven Richard Newton Assistant 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 06/20/2017 Type Announcements, Proclamations, and Presentations Department City Manager Title In recognition of Colleyville's Featured Business of the Month - NexGen Fitness, 6000 Colleyville Boulevard - Owners Anthony Carter and Angie Stroman - Mayor Richard Newton and Interim Assistant City Manager/Executive Director of Economic Development and Communications Mark Wood Attachments RESOLUTION R-17-4145 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JUNE 20, 2017 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 June 6, 2017 b. Acceptance of a Public Right-of-Way and a Drainage and Maintenance Easement dedication, located at the northwest corner of Cheek-Sparger Road and Heritage Avenue, and authorizing the city manager to execute the documents c. Approval of renewal contracts with Spectrum, for internet service to City facilities, in an amount not to exceed $90,876 a year, and authorizing the city manager to execute the contracts AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 20TH DAY OF JUNE 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Nancy Coplen Place 6, Mike Taylor ATTEST:CITY OF COLLEYVILLE Christine Loven Richard Newton Assistant 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 Tuesday, June 6, 2017 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, June 6, 2017, at 4:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Interim City Manager Mark Wood, Assistant City Manager/Director of Public Safety Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Chief Financial Officer Shereen Gendy, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, Community Development Director Ben Bryner, Recreation and Library Director Mary Rodne, Colleyville Center Manager Leslie Hill, Accounting Manager Karen Hines, Parks Manager Heather Dowell, Marketing Coordinator Dustin Dangli, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, City Attorney Whitt Wyatt, and City Secretary Amy Shelley WS-1 Overview of the Budget Process Strategic Services Manager Adrienne Lothery presented this item and answered questions of the City Council. Councilmember Wheat asked staff how school district tax rates compare in other cities with different school districts. Manager Lothery replied she has not done that type of comparison, but in general the City’s portion of the rates does tend to be smaller, but Colleyville has a lower property tax rate than others. Councilmember Nakamura stated this would be interesting to know. Councilmember Coplen asked staff if the proposed new Utility Capital Fund was staff’s recommendation. Manager Lothery replied yes, it was staff’s recommendation based on an option of moving the capital expenditures out of the operating; and setting up a mirror relationship similar to the how the General Fund and the Capital Projects Fund interact, makes it a lot easier to present fund projections to the City Council. Councilmember Coplen asked staff if the recommendation came from staff. Manager Lothery replied yes, it came from Finance and the City Manager’s Office. Mayor Newton added it will greatly simplify the understanding of the funds. City of Colleyville Page 2 City Council Minutes - DRAFT June 6, 2017 Councilmember Coplen asked staff about hotel tax and a line item for it. Manager Lothery replied we have received funds, but not as of September 30, 2016. Mayor Newton stated these funds will be included in the list of many special purpose funds. Mayor Newton asked staff if they are working at aligning the terminology on fund balance. Manager Lothery replied yes, and as soon as the new Chief Financial Officer has had time to settle in, staff will visit with her about this. Councilmember Coplen asked staff if the hotel tax would be included in the special revenue funds. Manager Lothery replied yes. Mayor Pro Tem Lindamood asked staff how much is received through the voluntary library fund. Library and Recreation Director Mary Rodne replied the Library receives $155,000 annually from the voluntary library fund. Councilmember Nakamura asked staff about the percentage of people who pay into the voluntary funds. Accounting Manager Karen Hines replied she did not know at this time, but staff can provide a follow up later. Mayor Pro Tem Lindamood asked Mayor Newton if the voluntary funds can be used for anything, or change the water bills to include other voluntary funds. Mayor Newton replied the City Council can create additional voluntary funds as necessary. Councilmember Nakamura asked Councilmember Taylor about when the Colleyville Tomorrow Fund was started. Councilmember Taylor stated around 2007, when the gas well drilling leases began. Councilmember Nakamura asked Councilmember Taylor if the balance has always been around the same. Councilmember Taylor replied yes, it has hovered around $3 million or so. Councilmember Wheat asked staff if the fiber cost of $394,700 will be reimbursed to the Colleyville Tomorrow Fund. Manager Lothery replied those funds have been earmarked, but not spent yet. Councilmember Taylor stated if the funds were spent on long-term infrastructure, it would be considered an expense and paid back as could be. Mayor Newton asked staff about the 2007 G.O. Bonds of $100,981. Manager Lothery replied those are funds remaining, and depending on what the bonds were originally used for, restricts the spending of the remaining balance. Councilmember Taylor asked staff if that is considered cash or unissued debt. Manager Lothery replied it is considered cash. Mayor Newton added it was borrowed in the bond, but not used. City of Colleyville Page 3 City Council Minutes - DRAFT June 6, 2017 Mayor Newton asked staff if the bond can be used on maintenance. Manager Lothery replied it may not be spent on maintenance. Councilmember Taylor asked staff if these bonds were reissued why can they not be used on the repurchase; we called a certain amount of bonds to keep the bond structure down. Manager Lothery replied not knowing, but could find out more information from the Bond Council. Mayor Newton asked where the SH26 enhancements of $972,652 comes from. Manager Lothery replied this balance was whatever was left, and the intention was to set it aside to use for lighting and signage enhancements. Councilmember Coplen stated City Council wanted to decide about the types of lights and backlit signs, etc., rather than use TxDOT standards. Councilmember Wheat asked staff if the money was an arbitrary amount set aside. Manager Lothery replied yes. Mayor Newton stated he would like a column added to the Capital Projects Fund items which indicates the source of the funding. Mayor Pro Tem Lindamood asked staff about the future sidewalk construction of $50,000. Manager Lothery replied this is a small amount which was set aside to be used on future sidewalks, whichever ones that were needed. She stated now sidewalks are included within projects. Mayor Pro Tem Lindamood asked staff if the future service center construction is for the public works facility. Manager Lothery replied yes, those funds were received by the sale of City owned property. Councilmember Nakamura asked staff about the special donations item. Manager Lothery replied yes, various people will donate for specific things, such as one man donated money to purchase AED’s because the fire department saved his life. Other funds are donated and are not item specific. Councilmember Taylor asked staff if the AED’s were purchased. Fire Chief Brian Riley replied yes. Councilmember Coplen asked staff about the public art balance of $7,904. Manager Lothery replied it appears to have been a one-time transfer. Councilmember Coplen asked staff if the statuary on Bogart was a City purchase or donated. Manager Lothery replied it was City purchase. City of Colleyville Page 4 City Council Minutes - DRAFT June 6, 2017 Councilmember Coplen asked staff if the departments look at sharing expenses when doing their department budgets. Manager Lothery replied yes, that takes place across departments all the time. Councilmember Nakamura asked staff who goes over the fee changes. Manager Lothery replied each department will go through their specific fees. Councilmember Taylor suggested staff should take this opportunity to clean up some of these smaller funds with the new city manager and the new Chief Financial Officer. WS-2 Discussion of crosswalks at multiple locations, including Bransford Road and City Park Public Works Director Jeremy Hutt presented this item and briefed the City Council. Councilmember Taylor asked staff about crosswalks on Glade Road not being included in the study. Director Hutt replied there are no existing crossings on Glade Road. The consultant only looked at existing crossings. Mayor Pro Tem Lindamood asked staff what we paid the consultant for this study. Manager Hutt replied he did not have the contract amount. Councilmember Nakamura asked staff if the consultant was directed to just look at existing crosswalks. Director Hutt replied yes; staff identified the locations and then asked the consultant to look at them. Mayor Pro Tem Lindamood asked staff if there is already a team that looks at these. Director Hutt replied staff focuses on the maintenance and what has been discovered is that most were installed without a set standard. From a field operations component, we were mainly looking at what was currently on site. He stated the consultant made recommendations and included a comprehensive look at existing crosswalks. Councilmember Nakamura asked staff if someone called and said a crosswalk was needed, as opposed to an overall study. Director Hutt replied that was not the scope of the project, the scope was the assessment of the crossings. Councilmember Nakamura asked staff why the consultant did not look at the overall City and tell us where a crosswalk is needed. Director Hutt replied not knowing the origination of the crosswalks, but moving forward a third party is engaged when staff looks to add a crosswalk. The consultant was not engaged to look at the City as a whole. City of Colleyville Page 5 City Council Minutes - DRAFT June 6, 2017 Councilmember Nakamura asked staff if assessing the City as a whole is something the consultant can do. Director Hutt replied yes, if we engage them to do so. Councilmember Taylor stated the consultant should be able to send us design specs for crosswalks; because this did not do anything for us, except cost us $30,000. Councilmember Dodson stated he believed the study does show more than what is existing in the City. Director Hutt stated the scope of this project did not include anything more than what exists. The scope was to evaluate the 13 locations identified by staff. Mayor Pro Tem Lindamood asked staff if the Bransford Road/City Park crossing was not identified as needed by the consultant or staff. Director Hutt replied staff, but not that it is not warranted, but that there are crosswalks in this area. Mayor Pro Tem Lindamood stated he respectfully disagrees with staff and states a crossing is needed at this location. Mayor Newton stated it seems less safe not to have the crossing at City Park. Mayor Pro Tem Lindamood stated it is a safety issue and it should be put in without having to ask a consultant. Mayor Newton stated he is less concerned about having three crosswalks in this area. Director Hutt replied staff would need approval from the church, since the crosswalk would dead-end into private property. Councilmember Coplen stated she could provide contact information for the approval. Councilmembers all agreed with having a crossing at Heritage Avenue and Cheek- Sparger Road. Councilmember Wheat asked staff if City Council will see the final design. Director Hutt replied yes, and staff will include it in the City Council’s weekly report. Councilmember Dodson agreed. Councilmember Taylor asked staff about the timeframe for the 400 unit development on the Euless corner. Director Hutt replied he did not know. Councilmembers all agreed with having a crossing at Bedford Road at Cheek- Sparger Road. Mayor Pro Tem Lindamood suggested having crosswalks in front of City Hall. Councilmember Dodson suggested having a flexible pole on the curb, directly across the street, at City Hall. Councilmember Taylor suggested looking at this when the plaza design is completed. City of Colleyville Page 6 City Council Minutes - DRAFT June 6, 2017 Councilmember Coplen suggested having a crosswalk on Westcoat, just north of McDonwell School Road, for the subdivision to use to cross over to the trail at Westmont. Director Hutt replied staff will look at this when the roundabout is done at the McDonwell School Road and Westcoat intersection. Councilmember Taylor suggested having a crosswalk between Cranbrook and Chelsea Park on Glade Road. WS-3 Discussion of future worksession dates for the Parks Master Plan Update Parks Manager Heather Dowell presented this item and briefed the City Council. Councilmembers agreed upon Tuesday, June 27 – 5:00 p.m., for a Parks Master Plan update worksession. WS-4 Discussion of the June 6, 2017, City Council regular agenda items Councilmember Dodson stated there is nothing from staff in the agenda packet for an R40 zoning on item 6b. Mayor Newton adjourned the worksession at 6:15 p.m. Mayor Newton called the Executive Session to order at 6:16 p.m. and called the roll. 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 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities 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 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, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:16 p.m. City of Colleyville Page 7 City Council Minutes - DRAFT June 6, 2017 The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Interim City Manager Mark Wood, Assistant City Manager/Director of Public Safety Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Chief Financial Officer Shereen Gendy, Public Works Director Jeremy Hutt, Community Development Director Ben Bryner, Accounting Manager Karen Hines, Parks Manager Heather Dowell, Marketing Coordinator Dustin Dangli, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, City Attorney Whitt Wyatt, and City Secretary Amy Shelley INVOCATION: Pastor Josh Anderson, Colleyville Presbyterian PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2.EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4135 Mayor Newton read Resolution R-17-4135 in its entirety. Mayor Newton opened the public hearing at 7:40 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:41 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4135. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Mayor Newton read Resolution R-17-4135-1 in its entirety. Mayor Newton opened the public hearing at 7:47 p.m. City of Colleyville Page 8 City Council Minutes - DRAFT June 6, 2017 There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:47 p.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-17- 4135-1. Councilmember Dodson seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton invited everyone to attend the Red, White & Sousa free concert event on Friday, June 23, 2017 located at Colleyville Center, 5301 Riverwalk Drive beginning at 6:30 p.m. Councilmember Coplen encouraged children to participate in the summer reading program, “Jawsome.” Mayor Pro Tem Lindamood expressed his appreciation to those who served in the military, especially on this Day of Remembrance, D-Day. Mayor Pro Tem Lindamood expressed his appreciation to Firefighter Charlie Harper for rescuing two teenage boys who were canoeing Big Bear Creek, but were dumped over by creek debris. Mayor Pro Tem Lindamood congratulated the Grapevine High School (GHS) and the Colleyville Heritage High School (CHHS) boy’s baseball teams for an awesome playoff season. He wished the GHS boys good luck in the state playoff games. Councilmember Taylor expressed his appreciation to the Fire Department (Chief Cantrell, Captain Stewart, firefighters Briggs and Boyd) for providing care to those who were ill during the Memorial Day Ceremony at Bluebonnet Hills. Councilmember Coplen concurred. Mayor Newton congratulated the Grapevine High School Girls Golf team for winning state. City of Colleyville Page 9 City Council Minutes - DRAFT June 6, 2017 4.CONSENT: READING AND PUBLIC HEARING - Resolution R-17-4136 4a Approval of the minutes of the regular City Council meeting of May 16, 2017 4b Approval of the minutes of the Special City Council meeting of May 16, 2017 4c Approval of an update to the General and Utility Fund Balance policy Mayor Newton read Resolution R-17-4136 in its entirety. Chief Financial Officer Shereen Gendy briefed the City Council regarding item 4c. Mayor Newton opened the public hearing at 7:56 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:56 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4136. Councilmember Wheat seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 5.ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-17-2011 Approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division, regarding the Company's 2017 Rate Review Mechanism Filing and adopting tariffs that reflect rate adjustments consistent with the negotiated settlement Mayor Newton read the caption of Ordinance O-17-2011. Strategic Services Manager Adrienne Lothery provided an update regarding this item. Councilmember Dodson stated having concerns about an increase in the rate, given the current percentage increase of 26 percent. He stated he believes the gas utility should be managed under the Texas Utility Commission or Public Utility Commission. The Railroad Commission is not suited to deal with this. He encouraged citizens to write letters to the governor or state representatives about City of Colleyville Page 10 City Council Minutes - DRAFT June 6, 2017 this. Manager Lothery stated staff is working on a draft resolution relative to Councilmember Dodson’s request. Mayor Pro Tem Lindamood asked staff about the differences in the proposed change in revenues, the proposed rate, and the proposed rate revenues. Manager Lothery replied she did not know the answer, but she will get with the local government Atmos representative and will provide an answer to that question. Mayor Newton asked staff what is included in the consumption charge relative to the price of gas. Manager Lothery replied she did not know, but would ask the local government representative and get back with the City Council. Councilmember Dodson stated he believes the consumption charge is what goes directly to Atmos and not the gas charge, per se. Councilmember Dodson asked staff why the actual base rate and consumption charges were not outlined in the ordinance. Manager Lothery replied the ordinance was drafted by the Steering Committee attorneys, and they have requested the attachments, outlined in the ordinance, reflect the actual numbers rather than calling specific numbers in the ordinance language. Mayor Newton opened the public hearing at 8:07 p.m. Kathy Hadley, 204 Timberline Drive, spoke in opposition to this ordinance with concerns of gas prices being too high. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:09 p.m. Councilmember Taylor made a motion to approve Ordinance O-17-2011. Councilmember Wheat seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 6.ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-17-2012 Approval of a five-year exclusive franchise for solid waste and recycling services contract with Community Waste Disposal (CWD) Mayor Newton read the caption of Ordinance O-17-2012. City of Colleyville Page 11 City Council Minutes - DRAFT June 6, 2017 Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Paul Hansen, CWD, was available to answer questions. Mayor Newton asked Mr. Hansen about the extra loose brush or bulk pick up rates. Mr. Hansen replied the rate is $12 per cubic yard. As long as the bundles are tied, the pick-up is unlimited. Councilmember Nakamura asked Mr. Hansen if there is a charge for bundled limbs. Mr. Hansen replied no. Councilmember Taylor asked Mr. Hansen about the transition procedure and hazardous waste pick-up. Mr. Hansen replied the transition is two-fold, commercial starts earlier with a representative visiting and auditing the account for billing, the location of the container, and service times. With residential service, they will schedule the delivery of the recycle carts at the same time the current vendor removes theirs. There will be a brochure attached to the cart explaining the services provided (bulk, loose, recycle, and hazardous waste). There will be extra persons on hand, to ensure the transition is smooth. With household hazardous waste, the customer will call the office to schedule this pick-up. A packet is mailed to the customer with instructions, and clear plastic bags. Customer service will explain packing and collection procedures. Councilmember Taylor asked Mr. Hansen about the size of the recycle containers and if customers can request a larger container. Mayor Newton explained the expectation is that a 65 gallon container will be delivered, and if the customer wants a larger container, they can request such through customer service. Mr. Hansen agreed. Councilmember Wheat asked Mr. Hansen if a customer can have multiple containers. Mr. Hansen replied yes. Manager Lothery replied there will be a fee for the multiple carts. Councilmember Nakamura asked Mr. Hansen if a brochure could be delivered with the carts, so that customers do not have to call customer service. Mr. Hansen replied there will be information delivered, but the customer will have to call to schedule the pick-up. Mayor Newton asked Mr. Hansen if they will coordinate multiple hazardous pick- ups, or are they done one at a time. Mr. Hansen replied they will coordinate multiple pick-ups at one time, typically on a certain day. Mayor Newton asked Mr. Hansen about the trucks. Mr. Hansen replied they have ordered all new equipment for this contract. He added they have a five year repainting schedule done at their facility. Mayor Pro Tem Lindamood expressed his appreciation for the drop-axle trucks which will be better on the asphalt roads. City of Colleyville Page 12 City Council Minutes - DRAFT June 6, 2017 Mayor Newton asked staff about the complaint process. Manager Lothery replied the contract includes funding customer service staff to handle complaints and the most efficient use of tax dollars is for the citizens to call the vendor directly. The contractor will keep a log of all calls. Mayor Newton asked Mr. Hansen about the complaint logs and if those will be made available to the City. Mr. Hansen replied yes. Manager Lothery stated there are escalated measures in this contract to incentivize performance. Councilmember Coplen asked Mr. Hansen if their number will be on the trash containers. Mr. Hansen replied yes. Mayor Newton opened the public hearing at 8:35 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:35 p.m. This was a first reading, therefor, City Council did not take any action. 6b Ordinance O-17-2013 Consideration of an appeal of the decision of the Planning and Zoning Commission by Jeff Avery, for a zoning change from the AG- Agricultural zoning district to the R20-Single Family Residential zoning district on Tract 2A, Abstract 1692, in the Joseph White Survey, located at 816 Shelton Drive, Case ZC17-003 Councilmember Dodson recused himself from this agenda item due to his participation in the Planning and Zoning Commission, prior to his election to City Council. Mayor Newton read the caption of Ordinance O-17-2013. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton asked staff if a home can be built on AG-Agricultural zoning. Director Bryner replied yes. Mayor Newton asked staff if the property has to be platted first. Director Bryner replied yes, and it is not currently platted. Mayor Newton asked staff what is a “lot of record.” Director Bryner replied a lot which is part of a subdivision, plat of which has been recorded in the Tarrant County Clerk’s Office; also, lot or parcel described by metes and bounds, the description of which has been so recorded prior to May 16, 1978. This property City of Colleyville Page 13 City Council Minutes - DRAFT June 6, 2017 has not been subdivided or incorporated anymore land, and has been in this form since prior to 1978. Mayor Newton asked staff if the lot is AG zoned, and if it is a lot of record, if the applicant can request the plat. Director Bryner replied yes, a minor plat (single lot) with staff approval, with no public improvements; considered a minor action; any waivers would require Planning and Zoning Commission approval. Mayor Newton asked staff if this lot is a lot of record. Director Bryner replied he does not know. Mayor Pro Tem Lindamood asked staff if the applicant is the property owner. Director Bryner replied no, it is an estate trust. Mayor Newton asked staff if the purchase is contingent upon zoning. Director Bryner replied he does not know. Councilmember Nakamura asked staff if the property facing Shelton Drive, behind the subject property, was once a part of the subject property. Director Bryner replied that property was determined to be a lot of record, and they went through the plat process and received a building permit, but are still subject to the AG zoning. Councilmember Nakamura asked staff if the property was all one lot. Director Bryner replied not knowing. Lisa Grossman, 6014 Pleasant Run Road explained the properties were all considered one property many years ago, at least in the 1970s, it was with a family. Councilmember Taylor asked Ms. Grossman how she was able to build on her property, being it was a lot of record. Ms. Grossman explained she bought the property, and it was zoned AG and it was not platted. She stated she had to plat the property before she could build on the property and received variances to the plat because the AG zoning setbacks were too restrictive to build within, given her lot dimensions. Councilmember Coplen asked staff if the original owners divided the AG property however they wanted to split it. Director Bryner stated staff would have to look at the deed to see how it was split, but the proper way to split the property would have been through the platting process. Councilmember Nakamura asked staff if the applicant bought the property without checking on this first. Director Bryner replied the applicant knows now. Mayor Newton stated Mr. Avery has made the request on behalf of the owner who may have a contingency of the rezoning of the property. City of Colleyville Page 14 City Council Minutes - DRAFT June 6, 2017 Councilmember Taylor asked staff how the naming of the plat happens. Director Bryner replied staff will let the applicant chose the naming of their plat. Mayor Newton asked staff if this does not happen, is there an alternative. Director Bryner replied through the R20 zoning approval, the plat could be approved by staff; however, with keeping the AG or R40 zoning, there would be waivers to the plat. Mayor Newton asked staff if plat waivers would only be considered by staff. Director Bryner replied no, only if the plat met the zoning district regulations. It would have to go to Planning and Zoning Commission first, then City Council approval. Mayor Newton opened the public hearing at 8:54 p.m. Donna Walker, 804 Shelton, spoke in opposition to this request with concerns for change in zoning. Lisa Grossman, 6014 Pleasant Run Road, spoke in opposition to this request and stated this property should be subject to the same requirements that she was required to uphold when building her home. James Day, 805 Shelton Drive, spoke in opposition to this request with concerns about future density. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this request with concerns about future density. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:04 p.m. Councilmember Taylor asked Mayor Newton if his thoughts are that the applicant should request the waivers through the platting process rather than request to rezone the property. Mayor Newton replied yes, but that he is strongly against waivers. Mayor Newton asked staff if the owner is the only one that can request a zoning change. City Attorney Whitt Wyatt replied the owner or an authorized representative of the owner are the only ones who could request a change in zoning or waivers. Councilmember Taylor asked staff if the applicant has a contingency offer, would that constitute authorization to rezone or request waivers. City Attorney Whitt Wyatt replied yes. City of Colleyville Page 15 City Council Minutes - DRAFT June 6, 2017 Mayor Pro Tem Lindamood asked staff why the setback on the north side of the property line is not shown. Director Bryner replied the plat only requires setback lines to be shown on the sides adjacent to streets. Mayor Pro Tem Lindamood asked staff if there is an easement on the north side. Director Bryner replied no. Mayor Pro Tem Lindamood asked staff if the property owner will be able to build right up against the north property line. Director Bryner replied no, there is a 25 foot building setback along the north property line. Mayor Newton asked staff who would be required to prove this is a lot of record. Director Bryner replied the applicant. Mayor Pro Tem Lindamood asked Mayor Newton about the speaker’s opposition. Mayor Newton replied all speakers were opposed to rezoning the property, two were in favor of a home being built, and one was not. This was a first reading, therefor, City Council did not take any action. Councilmember Dodson rejoined the meeting. 7.RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-17-4137 Approval of an amendment to the Professional Services Agreement with TranSystems, Inc., for the design of the improvements to Glade Road, including Phases 2, 3, and 4, amending the design parameters of Phase 2, addressing the supplemental work that has been requested by the City, and authorizing the city manager to execute the agreement Mayor Newton read Resolution R-17-4137 in its entirety. Public Works Director Jeremy Hutt presented this item and briefed the City Council. Mayor Newton asked staff if Option 3, which is Exhibit A of the resolution, excludes final design of Phases 3 and 4. Director Hutt replied for Option 3, the deliverables will be Phase 1A and 1B, and the remainder of Phase 2, final design of full construction. Mayor Newton asked staff if the $942,130 will cover everything to date for Phases 1 and 2 for final design and everything. Director Hutt replied yes. City of Colleyville Page 16 City Council Minutes - DRAFT June 6, 2017 Councilmember Taylor asked staff if Option 1 covers the original contract with changes. Director Hutt replied yes, Option 1 is to cover all of the requested changes. Councilmember Taylor asked staff if biddable documents will be received from the proposed option. Director Hutt replied yes, to move forward with construction. Councilmember Taylor asked staff if this project then becomes “shovel ready.” Director Hutt replied correct, what is necessary to go out to bid. Councilmember Taylor asked staff if Roberts Road is still going to be addressed. Director Hutt replied the extension of the turn lane from Heritage Avenue to Roberts Road is a component of Phase 3. If we do not move forward with the final design of Phase 3, and in turn do not move forward with the construction of Phase 3, the concerns will not be addressed as part of that project of Phase 3. Mayor Newton asked staff if the preliminary designs show the lanes to be constructed. Director Hutt replied yes. Mayor Pro Tem Lindamood added we have the preliminary concept. Mayor Newton asked staff what is the plan for Roberts Road. Director Hutt replied the design of Roberts Road is in the current fiscal year CIP; therefore, a consultant will be brought on board for that design. Mayor Newton asked staff what they expect the design of Roberts Road to look like. Director Hutt replied the design will need to be discussed with City Council to provide direction. Mayor Newton asked staff if the plan is to rebuild Roberts Road. Director Hutt replied correct. Mayor Newton asked staff about the issue of Roberts Road. Director Hutt replied there are two possible issues, one is adding a turn lane on Roberts Road at Glade Road, and the issue is the merging of two lanes from Heritage Avenue to Roberts Road. A lane extension all the way to Roberts Road would allow additional space, or time, for the actual merge to take place. These two components affect Phase 3 of Glade Road. Mayor Newton asked staff about the timing for Phase 3. Director Hutt replied it is planned for fiscal year 2019. Mayor Newton stated this contract will not affect the plan for fiscal year 2019. Councilmembers Wheat and Dodson agreed. Mayor Newton opened the public hearing at 9:29 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:29 p.m. City of Colleyville Page 17 City Council Minutes - DRAFT June 6, 2017 Mayor Newton made a motion to approve Resolution R-17-4137. Councilmember Nakamura seconded the motion. Councilmember Coplen asked staff if these options were because of staff working with the design consultant. Director Hutt replied yes, during a City Council worksession, and with the possibility of removing Phase 4, we were directed to provide multiple options for City Council’s consideration. Mayor Pro Tem Lindamood stated he would rather the resolution state “the removal of the finalization of Phases 3 and 4,” it seems confusing that other drafts and concepts may be done away with. Councilmember Dodson stated it makes it clear to state “eliminate the finalization of Phases 3 and 4” in the resolution. Director Hutt explained the resolution was written to address the design contract, as it sits currently, as the amendment will actually remove those phases from this contract. The resolution is an approval for the design contract amendment. Councilmember Coplen asked staff if Exhibit A includes this. Director Hutt replied yes. Councilmember Taylor asked staff if they are requesting an additional contract. Director Hutt replied no, what has been changed is the limits of the bid sets by the splitting of Phase 2 into Phases 2A and 2B. Mayor Newton stated the limits of 1B has been extended to the east with the remainder of Phase 2, which creates three construction sets. Director Hutt agreed, and stated we are changing the limits of that project, not splitting into two bid packages. Councilmember Taylor asked staff if Phase 1B has been extended to east of Montclair, with Phase 2 being from that terminus of Phase 1B (east of Montclair) to Pool Road. Director Hutt replied correct. Councilmember Taylor asked staff if Phase 1B now becomes everything from SH26 to Pool Road. Director Hutt replied Phase 1B will be from SH26 to just east of Montclair, and Phase 2 will be from just east of Montclair to Pool Road. Councilmember Coplen asked Mayor Newton if the actual City resolution has more power (eliminate the final design of Phases 3 and 4), than the actual contract amendment wording. Mayor Newton replied the resolution becomes part of the contract amendment. He stated eliminating Phases 3 and 4 just means we are not going to do anymore design work on them. The preliminary design has been completed. Director Hutt added it eliminates the final design deliverables for Phases 3 and 4. City of Colleyville Page 18 City Council Minutes - DRAFT June 6, 2017 The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 7b Resolution R-17-4138 A resolution appointing a Councilmember to the Colleyville Economic Development Corporation (CEDC) Board of Directors Mayor Newton read Resolution R-17-4138 in its entirety. Councilmember Nakamura made a motion to approve Resolution R-17- 4138 appointing Councilmember George Dodson to the Colleyville Economic Development Corporation for a term concurrent with the term of Councilmember. Councilmember Wheat seconded the motion. Mayor Newton opened the public hearing at 9:54 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:54 p.m. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 7c Resolution R-17-4139 Consideration of a waiver to certain provisions of Chapter 5 – Tree Preservation of the Land Development Code, specifically Section 5.13 (Penalties and Violations) on Lot 1, Block 3, of the Overlook at Big Bear Creek Addition, located at 7708 Prairie View Drive, Case GC17- 011 Mayor Newton read Resolution R-17-4139 in its entirety. Community Development Director Ben Bryner presented this item and briefed the City Council. Councilmember Coplen asked staff what the applicant needs to do. Director Bryner replied the Urban Forester will need to verify the existing tree inches to determine the actual amount still needed to be planted. City of Colleyville Page 19 City Council Minutes - DRAFT June 6, 2017 Councilmember Wheat asked staff why the trees were removed. Director Bryner replied there was a misunderstanding about the ordinance and what the tree buffer requirements really entailed, and the penalties if the trees were removed. Mayor Pro Tem Lindamood asked staff if the inches, taken from the tree that overhangs into the subject property, were counted in the total tree inches removed. Director Bryner replied no. Bob Buttrill, applicant and property owner, presented this item and briefed the City Council. Mayor Newton asked Mr. Buttrill if he has just recently moved to Colleyville. Mr. Buttrill replied no, this makes the third house he has built in Colleyville. Mayor Newton asked Mr. Buttrill if he was aware of the ordinance provisions. Mr. Buttrill replied yes, and we made a mistake in removing the trees prior to having gone through the process first; however, we had every intention of replacing everything and more than what was removed. He stated there is no room to put in 24 more trees. Mayor Newton opened the public hearing at 10:14 p.m. Kathy Hadley, 204 Timberline Drive North, stated her speaker card was filled out as in opposition to this request, but after having seen the end result of the plantings of his trees, stated being in favor of this waiver request. She stated City Council should be wary of approving waivers for clearing trees, just because they do not like the trees. There were no others present wishing to speak and Mayor Newton closed the public hearing at 10:16 p.m. Mayor Newton expressed his appreciation to the applicant for providing the photos, which helped create the visual of the ending result of the plantings. Mayor Pro Tem Lindamood concurred. Councilmember Coplen stated the trees replanted were excellent choices because they will grow, bigger than the ones that existed. Councilmember Nakamura concurred. Councilmember Taylor asked Mayor Newton if a motion to approve the resolution accepts the waiver request. Mayor Newton replied correct. Councilmember Dodson asked staff if it would be prudent for the urban forester to confirm the number of inches planted. Director Bryner replied staff will still confirm the total number. Councilmember Taylor made a motion to approve Resolution R-17-4139. Councilmember Dodson seconded the motion. City of Colleyville Page 20 City Council Minutes - DRAFT June 6, 2017 The motion to deny carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 7d Resolution R-17-4140 Approval of a construction contract with Fort Worth Civil Constructors, LLC for the Glade Road Phase 1A Project, in an amount not to exceed $1,967,603.24 which includes a $125,000 contingency, and authorize the city manager to execute the contract and any associated change orders Mayor Newton read Resolution R-17-4140 in its entirety. Public Works Director Jeremy Hutt presented this item and briefed the City Council. Mayor Newton asked staff what is the budget estimate for Phase 1B. Director Hutt replied approximately $3 million, but he does not know that for sure at this time. Mayor Newton asked staff if they feel confident the contractor can complete this project for this amount. Director Hutt replied he is confident in this contractor as they have done work for the City before. Mayor Newton asked staff if there is a milestone for completion of the entire project before school starts. Director Hutt replied there is not, this project‘s milestone requires that Glade Road be open for traffic before the start of school. Mayor Pro Tem Lindamood asked staff about the factors included with the contract bid. Director Hutt replied the contractor’s feedback indicated, because of other projects, the contractors did not have the staff to prepare competitive bids for four larger projects, and were therefore selective on their projects. This one had the most constrained timeline, and was a little tricky to dedicate resources on the front end, versus the other projects. Mayor Pro Tem Lindamood asked staff if there was only one contractor present for the pre bid meeting. Director Hutt replied there were two contractors present. Mayor Pro Tem Lindamood stated having concerns about the low number of bidders. Mayor Newton asked staff about the Glade Road intersection on SH26, with the timing of this project. Director Hutt replied there will be a lot of coordination City of Colleyville Page 21 City Council Minutes - DRAFT June 6, 2017 between the two contractors, and those conversations have taken place. There will need to be a good fit to finish. Mayor Newton asked staff about the length of time Glade Road will be shut down for the culvert work at the intersection of Bransford and Glade Roads. Director Hutt replied approximately two months. Councilmember Wheat asked staff about the location of the culverts. Director Hutt replied the culverts are located just east of Bransford Road at the creek. Councilmember Nakamura stated waiting another year will just increase the cost. Councilmember Coplen asked staff if this contractor has done previous work in the City. Director Hutt replied yes, they are working on the Bedford Road Retaining Wall Project. Mayor Pro Tem Lindamood asked staff if they were the only bidder on that project as well. Director Hutt replied no, there were several bidders for that project. Mayor Pro Tem Lindamood asked staff the process for bid lets. Director Hutt replied staff advertises in the Fort Worth Star-Telegram and we coordinate with the consultant to push out to all contractors that they are aware of with past bids, so it is pushed out. He stated not knowing the head count, but there were over 20 or 30 entities with plans. Mayor Pro Tem Lindamood added there are other avenues to advertise such as Blue Book and other new, email driven ways. Contractors are really not picking and choosing, it is very competitive out there. Mayor Newton opened the public hearing at 10:39 p.m. Kathy Hadley, 204 Timberline Drive North, stated having a concern about the Bransford Road culverts and if the surrounding neighbors have been notified. There were no others present wishing to speak and Mayor Newton closed the public hearing at 10:40 p.m. Councilmember Coplen made a motion to approve Resolution R-17-4140. Councilmember Taylor seconded the motion. Councilmember Nakamura asked Mayor Newton if the approval of this resolution is for this amount, $1,967,603.24. Mayor Newton replied yes. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor City of Colleyville Page 22 City Council Minutes - DRAFT June 6, 2017 Mayor Newton recessed the meeting at 10:42 p.m. Mayor Newton reconvened the meeting at 10:50 p.m. 7e Resolution R-17-4141 Approval of a construction contract with North Texas Contracting, Inc. for the Pleasant Run Road Project (Shelton Drive to John McCain Road), in an amount not to exceed $4,938,170.50 which includes a $600,000 contingency, and authorize the city manager to execute the contract and any associated change orders Mayor Newton read Resolution R-17-4141 in its entirety. Public Works Director Jeremy Hutt presented this item and briefed the City Council. Councilmember Coplen asked staff when this project will start. Director Hutt replied mid-July, which allows us to have moved a little further in the Westcoat and John McCain project. Mayor Pro Tem Lindamood asked staff about the number of message boards we have. Director Hutt replied there will be four message boards for this project onsite for the duration of the project. Mayor Pro Tem Lindamood asked staff if staff will bring change orders over $50,000 to City Council. Director Hutt replied there are not large items on change orders, typically they are small. Anything over $50,000 City Council will have to approve the change. Mayor Newton asked staff how the $600,000 contingency was arrived at. Director Hutt replied that is 15 percent of the original engineering cost estimate, and it is a lump sum item embedded in the contract. Mayor Pro Tem Lindamood asked staff if the contingency is returned if not used. Director Hutt replied yes. Mayor Newton stated having not seen “any associated change orders” being approved by the city manager in a resolution before. Director Hutt replied the City Council will have to approve any change order over $50,000. Councilmember Wheat asked staff about the project completion timeframe for the John McCain water line. Director Hutt replied the water lines are to be completed most likely by the end of July. City of Colleyville Page 23 City Council Minutes - DRAFT June 6, 2017 Mayor Newton suggested staff should provide status updates on all projects. Councilmember Wheat suggested having a status update on the water bill insert. Mayor Newton stated there are other ways, other than the water bill. Interim City Manager Mark Wood explained there is a section on the website that currently provides project updates, as well as the weekly E-News, but staff can make these more visible. Mayor Newton asked staff if storm drains are going to be installed as part of this project. Director Hutt replied yes, there are some storm drains located to accommodate the trail with ribbon curb, but that is all. Councilmember Dodson asked staff if the drains will be to accommodate the trail or railroad tracks. Director Hutt replied there will be segments of a storm drain to accommodate the amount of water in particular areas such as around the trail. Mayor Newton opened the public hearing at 11:05 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:05 p.m. Councilmember Dodson made a motion to approve Resolution R-17-4141. Councilmember Coplen seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Councilmember Taylor made a motion to reconsider an amendment to Resolution R-17-4141. Mayor Newton seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Mayor Newton asked the City Council if “under the amount of $50,000” should be included after “any associated change orders” in the resolution caption, as well as adding a separate section to the resolution. Councilmember Dodson made a motion to approve Resolution R-17-4141 with an amendment to the resolution caption to include “change orders City of Colleyville Page 24 City Council Minutes - DRAFT June 6, 2017 over $50,000 must be submitted to the City Council for approval. Councilmember Wheat seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 7f Resolution R-17-4142 A resolution appointing a member to the Planning and Zoning Commission Mayor Newton read Resolution R-17-4142 in its entirety. Mayor Newton opened the public hearing at 11:07 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:07 p.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-17- 4142 appointing Chris Putnam to the Planning and Zoning Commission, with an effective date after July 1, with a term expiring September 2018. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 5 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, and George Dodson Nay: 2 – Councilmembers Nancy Coplen and Mike Taylor 8.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 Timberline Drive North, spoke about the signage being too far back at Glade Road and SH26, the signage should be ahead so that drivers notice the signs; stated being concerned about the location of the proposed crosswalk at Bransford Road and City Park; and, the crossing of traffic from the Silver Ridge facilities and the need of a crosswalk in this location. 9.REPORTS Quarterly Investment Report for the quarter ended March 31, 2017 City of Colleyville Page 25 City Council Minutes - DRAFT June 6, 2017 Chief Financial Officer Shereen Gendy presented this item and briefed the City Council. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 6, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4143 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 11:20 p.m. APPROVED BY A VOTE OF AYES, NAYS, AND ABSTENTIONS ON THIS THE 20TH DAY OF JUNE 2017. 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 5b Agenda Date 06/20/2017 Number Resolution R-17-4145 Type Resolution Department Public Works Title Acceptance of a Public Right-of-Way and a Drainage and Maintenance Easement dedication, located at the northwest corner of Cheek-Sparger Road and Heritage Avenue, and authorizing the city manager to execute the documents Strategic Plan 3.1 Upgrade the condition of major roads and neighborhood streets 5.4 Actively seek public/private partnerships Explanation Reading and Public Hearing David Sukenik, representing Tonti Properties, is developing “Glade Parks South” at the northeast corner of Cheek-Sparger Road and Heritage Avenue, which is in the City of Euless. As a requirement of the development, the developer is improving the southern portion of Heritage Avenue. In accordance with the Development Agreement, between the Developer and the City of Euless, the developer must construct approximately 150 linear feet of Heritage Avenue adjacent to the Glade Parks South Development, from the intersection of Heritage Avenue and Cheek-Sparger Road, as shown on the attached Paving Plan Sheet. The addition of a dedicated right turn, as shown on the attached Pavement Striping Sheet has resulted in the need for additional right-of-way. Right-of-way Dedication Tonti Properties has been working with 170 Players, LLC, the owner/developer of the northwest corner of Cheek-Sparger Road and Heritage Avenue (located in the City of Colleyville) to acquire additional right-of-way in order to accommodate the proposed roadway improvements. As the additional right-of-way is located within the corporate city limits of the City of Colleyville, and the improvements will be the perpetual maintenance responsibility of the City of Euless, the dedication deed has been structured for all three properties (property owner, City of Euless, and City of Colleyville) to execute. The proposed Right-of-Way Deed is attached. Drainage and Maintenance Easement Similar to the need for the additional right-of-way, there is a need for a drainage easement to accommodate the required roadway improvements. The attached Drainage and Maintenance Easement establishes 3,307 square feet of land within the City Council Agenda Briefing 5b City of Colleyville Page 2 City of Colleyville that is needed to install the drainage improvements which accommodate the roadway improvements, as shown on the attached Drainage Improvements Sheet. The easement language is similarly structured to the right-of-way language and establishes the easement area will be the perpetual maintenance responsibility of the City of Euless. The Drainage and Maintenance Easement Agreement, has also been structured for all three properties (property owner, City of Euless, and City of Colleyville) to execute. Summary As a result of the new development in the City of Euless, it is anticipated additional traffic will be generated which will have an adverse effect on Heritage Avenue, more specifically at the intersection of Heritage Avenue and Cheek-Sparger Road. The City of Euless is working with their developer to offset these impacts and are requiring improvements be made; including the addition of a right hand turn lane at the intersection. In order to construct the roadway improvements, a drainage easement and additional right-of-way is needed within the City of Colleyville. The documents have been structured to clearly define the perpetual maintenance is the responsibility of the City of Euless. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Paving Plan Sheet 2.Pavement Striping Plan Sheet 3.Drainage and Maintenance Easement Agreement 4.Right-of-Way Deed 5.Drainage Improvements Sheet Pa v i n g P l a n S h e e t Pa v e m e n t S t r i p i n g P l a n S h e e t Dr a i n a g e I m p r o v e m e n t s S h e e t 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 06/20/2017 Number Resolution R-17-4145 Type Resolution Department Information Services Title Approval of renewal contracts with Spectrum, for internet service to City facilities, in an amount not to exceed $90,876 a year, and authorizing the city manager to execute the contracts Strategic Plan 2.1 Provide responsive, efficient city services Explanation Reading and Public Hearing The City of Colleyville has been doing business with Spectrum, the company formerly known as Time Warner Cable, as a fiber internet and local area network provider since May of 2011. Spectrum provides the City with Fiber Internet Access (FIA) at two locations, Ethernet Local Area Network (ELAN) connections at all buildings, and Primary Rate Interface (PRI) telephone services Citywide. Time Warner contracts expired in May of 2017, which has allowed the City the opportunity to seek replacement contracts at a lower price, with a substantial decrease in term, and considerable increase in service. The new contract provides enough service to eliminate an existing independent circuit between Colleyville and Keller and dedicated internet services at Colleyville Center for a total savings of $6,426 annually. The new contract allows for a decrease in length of term to three years for the FIA and PRI, and one year term for the ELAN, as the City will be providing the local area connections through City owned fiber in the near future. The service increases are substantial with the FIA increasing by 500% and the ELAN increasing by 350% across all of the City buildings as a whole. This will increase the service capability to all City provided services. Service providers AT&T and Frontier Communications were given the ability to compete for the service contracts. AT&T was not able to meet the service levels provided by Spectrum at the same pricing and Frontier Communications was not able to provide service to all of the City buildings. The city of Colleyville has been a customer of Spectrum since May of 2011 and recommends moving forward with the new contracts. City Council Agenda Briefing 5c City of Colleyville Page 2 Financial Impact It is anticipated there will be an annual savings of $6,426. Recommendation Approve Attachments 1.City Hall Contract 2.Justice Center Contract 3.City ISP Network Page 1 of 3 ©2016 Charter Communications CONFIDENTIAL 161111 v.1 Commercial Account Executive: Redrick Johnson Phone: 972-630-5056 ext: Cell Phone: 214-406-7906 Fax: 469-464-4022 Email: redrick.johnson@charter.com Order # 8686808 Customer Information: Customer Code Business Name CITY OF COLLEYVILLE (RK) Customer Type: Existing Customer Federal Tax ID Tax Exempt Status Tax Exempt Certificate # *****9664 Billing Address Attention To:Account Number 100 MAIN ST COLLEYVILLE TX 76034 8260130120007854 Billing Contact Billing Contact Phone Billing Contact Email Address Sue Kralich (817) 503-1013 skralich@colleyville.com Authorized Contact Authorized Contact Phone Authorized Contact Email Address Chris Pena (817) 503-1081 cpena@colleyville.com Technical Contact Technical Contact Phone Technical Contact Email Address ISM TEAM (817) 503-1080 ism-all@colleyville.com Spectrum Customer Service Order Page 2 of 3 ©2016 Charter Communications CONFIDENTIAL 161111 v.1 Commercial Fiber Internet and Ethernet Service Order Information For 100 Main St Fiber Colleyville TX 76034 Location Site Name Address Location Type Bandwidth 100 Main St Colleyville, TX 76034 Current Services and Monthly charges At 100 Main St Unit Fiber, Colleyville TX 76034 Monthly Description Quantity Sales Price Recurring Total Comml Accnt 1 $0.00 $0.00 Ethernet ELAN HUB 1 $0.00 $0.00 *Total $0.00 *Prices do not include taxes and fees. New and Revised Services and Monthly Charges At 100 Main St Unit Fiber, Colleyville TX 76034 Monthly Description Quantity Sales Price Recurring Total Contract Term ELAN Intrastate 200 Mbps 2 $1,050.00 $2,100.00 12 Months ELAN Intrastate 50 Mbps 5 $570.00 $2,850.00 12 Months Fiber Internet 200Mbps 1 $1,299.00 $1,299.00 36 Months *Total $6,249.00 *Prices do not include taxes and fees. One Time fees At 100 Main St Unit Fiber, Colleyville TX 76034 Description Quantity Sales Price Total Fiber Internet Access Change Fee 1 $0.00 $0.00 Total $0.00 *Prices do not include taxes and fees. Page 3 of 3 ©2016 Charter Communications CONFIDENTIAL 161111 v.1 Commercial Special Terms Electronic Signature Disclosure By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document. {{*Sig_es_:signer1:signature }} Authorized Signature for Customer {{*_es_:signer1:fullname }} {{*_es_:signer1:title }} Printed Name and Title {{Date_es_:signer1:date }} Date Signed Page 1 of 3 ©2016 Charter Communications CONFIDENTIAL 161111 v.1 Commercial Account Executive: Redrick Johnson Phone: 972-630-5056 ext: Cell Phone: 214-406-7906 Fax: 469-464-4022 Email: redrick.johnson@charter.com Order # 8755282 Customer Information: Customer Code Business Name CITY OF COLLEYVILLE (RK) Customer Type: Existing Customer Federal Tax ID Tax Exempt Status Tax Exempt Certificate # *****9664 Billing Address Attention To:Account Number 100 MAIN ST COLLEYVILLE TX 76034 8260130120007854 Billing Contact Billing Contact Phone Billing Contact Email Address Sue Kralich (817) 503-1013 skralich@colleyville.com Authorized Contact Authorized Contact Phone Authorized Contact Email Address Chris Pena (817) 503-1081 cpena@colleyville.com Technical Contact Technical Contact Phone Technical Contact Email Address ISM TEAM (817) 503-1080 ism-all@colleyville.com Trunk Service Order Information For 5201 Riverwalk Dr Colleyville TX 76034 E-911 E-911 E-911 Current LEC Current IXC LEC BTN(S) Location 1 Location 2 Location 3 Spectrum Customer Service Order Page 2 of 3 ©2016 Charter Communications CONFIDENTIAL 161111 v.1 Commercial Fiber Internet and Ethernet Service Order Information For 5201 Riverwalk Dr Colleyville TX 76034 Location Site Name Address Location Type Bandwidth 5201 Riverwalk Dr Colleyville, TX 76034 50 Mbps Current Services and Monthly charges At 5201 Riverwalk Dr , Colleyville TX 76034 Monthly Description Quantity Sales Price Recurring Total Multi P 1 $0.00 $0.00 Pri Order 2 $0.00 $0.00 Ty2Offnet 1 $0.00 $0.00 1 Gig Port 1 $0.00 $0.00 Bc Trk Tns 1 $0.00 $0.00 Trunk E911 22 $0.00 $0.00 Comml Accnt 1 $0.00 $0.00 DO NOT PRINT 1 $0.00 $0.00 ETHERNET HUB 1 $0.00 $0.00 Ethernet Spoke 1 $0.00 $0.00 Trunk-MAIN NUMBER 1 $0.00 $0.00 Ethernet Interstate 1 $0.00 $0.00 DATA CIRCUIT - BASIC 1 $0.00 $0.00 DID BLOCK 100 NUMBERS 3 $15.00 $45.00 PRIoFiber Alcatel Tags 1 $0.00 $0.00 *Total $45.00 *Prices do not include taxes and fees. New and Revised Services and Monthly Charges At 5201 Riverwalk Dr , Colleyville TX 76034 Monthly Description Quantity Sales Price Recurring Total Contract Term BC PRI TRUNK SINGLE 1 $425.00 $425.00 36 Months Fiber Internet 100Mbps 1 $899.00 $899.00 36 Months *Total $1,324.00 *Prices do not include taxes and fees. One Time fees At 5201 Riverwalk Dr , Colleyville TX 76034 Description Quantity Sales Price Total Fiber Internet Access Change Fee 1 $0.00 $0.00 Total $0.00 *Prices do not include taxes and fees. Page 3 of 3 ©2016 Charter Communications CONFIDENTIAL 161111 v.1 Commercial Special Terms Electronic Signature Disclosure By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document. {{*Sig_es_:signer1:signature }} Authorized Signature for Customer {{*_es_:signer1:fullname }} {{*_es_:signer1:title }} Printed Name and Title {{Date_es_:signer1:date }} Date Signed Consumer Internet 40 m b PD DIA 20 MB CO L L E Y V I L L E D I A 40 M B In t e r n a l L a y e r 2 LA N 52 1 2 P o o l R d . Fi r e s t a t i o n 2 11 0 M a i n s t r e e t Ci t y L i b r a r y 52 0 9 B r a n s f o r d r d . Pa r k s M a i n t e n e n c e 52 0 1 R i v e r w a l k D r . Ju s t i c e / P D 25 1 2 G l a d e R d . Se n i o r C e n t e r 16 0 1 H a l l J o h n s o n r d . Pu b l i c W o r k s 31 2 W . M c D o n w e l l s c h o o l r d . Fi r e s t a t i o n 3 52 0 9 C o l l e y v i l l e B l v d . Ce n t r a l F i r e / F S 1 40 m b 20 m b 20 m b 20 m b 20 m b 20 m b 20 m b 1 P R I 8 1 7 . 5 0 3 . 1 0 0 0 ‐ 1 1 9 9 1 P R I 8 1 7 . 5 0 3 . 1 2 0 0 ‐ 1 3 9 9 1 P R I 8 1 7 . 5 0 3 . 1 4 0 0 ‐ 1 4 9 9 53 0 1 R i v e r w a l k D r . Co l l e y v i l l e C e n t e r Ci t y O w n e d Keller PD 20 m b PT . t o P T . 50 m b 20 0 m b PD DIA 100 MB CO L L E Y V I L L E D I A 20 0 M B In t e r n a l L a y e r 2 LA N 52 1 2 P o o l R d . Fi r e s t a t i o n 2 11 0 M a i n s t r e e t Ci t y L i b r a r y 52 0 9 B r a n s f o r d r d . Pa r k s M a i n t e n e n c e 52 0 1 R i v e r w a l k D r . Ju s t i c e / P D 25 1 2 G l a d e R d . Se n i o r C e n t e r 16 0 1 H a l l J o h n s o n r d . Pu b l i c W o r k s 31 2 W . M c D o n w e l l s c h o o l r d . Fi r e s t a t i o n 3 52 0 9 C o l l e y v i l l e B l v d . Ce n t r a l F i r e / F S 1 20 0 m b 50 M b 50 M b 50 M b 50 M b 50 M b 1 P R I 8 1 7 . 5 0 3 . 1 0 0 0 ‐ 1 1 9 9 1 P R I 8 1 7 . 5 0 3 . 1 2 0 0 ‐ 1 3 9 9 1 P R I 8 1 7 . 5 0 3 . 1 4 0 0 ‐ 1 4 9 9 53 0 1 R i v e r w a l k D r . Co l l e y v i l l e C e n t e r Ci t y O w n e d Fi b e r 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 06/20/2017 Number Ordinance O-17-2012 Type Ordinance Department City Manager Title Approval of a five-year exclusive franchise for solid waste and recycling services contract with Community Waste Disposal (CWD) Strategic Plan 2.1 Provide responsive, efficient city services Explanation Second Reading and Public Hearing There were no speakers regarding this item at the June 6, 2017 City Council meeting. Per the request made by the City Council, the pricing sheet in the contract has been updated to include the price per cubic yard for residential bulk/brush collection in excess of the four cubic yard limit per collection, should a resident desire to have all items collected at once. First Reading and Public Hearing The City of Colleyville currently has an exclusive franchise agreement with Progressive Waste Solutions for both residential and commercial solid waste and recycling services. This agreement expires on October 31, 2017. At the January 3, 2017, City Council Worksession, the City Council provided direction to publish a Request for Proposals (RFP), seeking proposals from contractors for solid waste and recycling services for the next contract term. An RFP was posted on the City's website and advertisements were published in the Fort Worth Star-Telegram on January 28, 2017 and February 4, 2017. Proposals were due on February 20, 2017 at 10:00 a.m. Proposals were received from Progressive Waste Solutions (now Waste Connections), Waste Management, Community Waste Disposal (CWD), and Republic. At the March 21, 2017 City Council worksession, staff presented a summary of the proposals received from Progressive, CWD, Republic, and Waste Management in response to the City's RFP. CWD and Progressive also gave brief presentations. The proposals from these two contractors were the lowest priced proposals, with Progressive submitting a residential customer price of $16.49 per month (currently $12.99) and CWD submitting a price of $12.63 per month for twice per week garbage and once per week recycling collection. During the City Council's discussion of the proposals, several questions were raised and requests for additional information were made. The additional information requested was presented and discussed at the April City Council Agenda Briefing 6a City of Colleyville Page 2 4, 2017 City Council worksession. At the April 4, 2017 regular City Council meeting, the City Council approved a resolution directing staff to enter into contract negotiations with CWD and to issue a notice of termination to Progressive in accordance with the 180 day notice requirement in the current contract. The City Council also provided direction to include the optional service enhancement of curbside household hazardous waste and electronics recycling pickup in the contract with CWD. After discussing the size options of recycling containers to be provided by CWD to residential customers under the new contract, the City Council determined that 65 gallon polycarts should be provided (consistent with the current contract with Progressive), with the option for residents to request that their 65 gallon polycart be replaced with a 95 gallon polycart if desired. The attached ordinance grants CWD a five-year exclusive franchise for solid waste and recycling services in the City of Colleyville with the option to renew for two three-year terms. At Mayor Newton's request, staff explored the impacts of not granting an exclusive franchise for open-top roll off containers at residential properties only and allowing the use of other contractors. CWD analyzed the structure of their pricing proposal and indicated that if the City Council desired to make this exception to the exclusive franchise, the front load commercial garbage rates would need to be increased by 7% from the prices included in their proposal. If the City Council desires to incorporate this change, the attached contract language will need to be changed prior to approval. The contract with CWD maintains the current service level of twice per week garbage collection and once per week recycling collection for residential customers at a rate of $12.63 per month (currently $12.99) and adds an additional $0.47 for a new curbside household hazardous waste collection and electronics recycling program. The total change to the residential rate is $0.11 per month. Upon approval of the ordinance, staff will work with CWD on the transition plan and will be communicating details to the public as quickly as possible. Financial Impact The attached ordinance and contract approve a residential rate of $13.10 per month, which includes $12.63 for garbage and recycling service and an additional $0.47 for a new curbside household hazardous waste collection and electronics recycling program. The current residential rate for garbage and recycling service is $12.99 per month. Recommendation Approve Attachments 1.Ordinance O-17-2012 ORDINANCE O-17-2012 GRANTING AN EXCLUSIVE FRANCHISE AND CONTRACT WITH COMMUNITY WASTE DISPOSAL, LP FOR THE COLLECTION OF SOLID WASTE AND RECYCLING MATERIALS WITHIN THE CITY OF COLLEYVILLE; ESTABLISHING THE TERMS AND CONDITIONS OF THE CONTRACT FOR THE COLLECTION OF SOLID WASTE AND RECYCLING MATERIALS; AUTHORIZING THE MAYOR TO EXECUTE SUCH CONTRACT; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, proposals were solicited and received for residential solid waste and recycling collection services, including commercial collection, for the City of Colleyville; and WHEREAS, the City Council has determined the proposal offering the best value and services to the City and its residents was submitted by Community Waste Disposal, LP; and WHEREAS, the City Council is granting an exclusive franchise agreement and contract to Community Waste Disposal, LP in accordance with Article XII of the City’s Charter; and WHEREAS, the City Council deems it in the best interest of the City to grant a new franchise for the collection and disposal of garbage, trash, and recycling materials within the City upon the terms and conditions contained herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1 THAT all matters stated above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2 THAT Community Waste Disposal, LP (“hereinafter “CWD”), is hereby granted an exclusive franchise pursuant to the terms of the written Contract with Community Waste Disposal, LP for Collection of Solid Waste and Recycle Materials which is attached hereto as Exhibit “A” and incorporate herein. Sec. 3 THAT the Mayor is authorized to execute such contract after approval by the City Council. Ordinance O-17-2012 Page 2 of 2 Sec. 4 THAT all prior ordinances of the City of Colleyville, in conflict with the provisions of this Ordinance be, in the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. Sec. 5 THAT should any part of this Ordinance be held to be invalid for any reason, the remainder shall not be affected thereby, and such remaining portions are hereby declared to be severable. Sec. 6 THAT this Ordinance shall become effective immediately upon its passage, as the law, and City Charter in such cases provide. AND IT IS ORDERED The first reading and public hearing being conducted on the 6th day of June 2017. The second reading and public hearing being conducted on the 20th day of June 2017. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 20TH DAY OF JUNE 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Nancy Coplen Place 6, Mike Taylor ATTEST: CITY OF COLLEYVILLE Richard Newton Christine Loven Assistant City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Whitt L. Wyatt City Attorney Page 1 of 21 CONTRACT WITH COMMUNITY WASTE DISPOSAL, LP FOR COLLECTION OF SOLID WASTE AND RECYCLE MATERIALS THIS CONTRACT (“Contract”) is made and entered into by and between the City of Colleyville, Texas, a municipal corporation located in Tarrant County, Texas, (hereinafter called “City” and/or “City of Colleyville”), and Community Waste Disposal, LP (hereinafter called “Contractor”), a Texas limited partnership. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1.Grant of License Contractor is hereby granted exclusive license and privilege within the territorial jurisdiction of the City and shall furnish all personnel, labor, equipment, trucks, and all other items necessary to provide refuse collection, removal and disposal services and recyclable materials collection as specified and to perform all of the work called for and described in the Contract Documents. 2.Contract A.This Contract includes the following documents (“Contract Documents”), and this Contract expressly incorporates same herein as fully as if set forth in this Contract: 1.This Contract 2.City’s Request for Proposal (herein ‘RFP”) 3.Contractor’s Proposal 4.Pricing Sheet (Exhibit A) 5.Recycle revenue Sharing (Exhibit B) 6.City Facilities Matrix (Exhibit C) 7.Annual Adjustment Model (Exhibit D) 8.Any addenda or changes to the foregoing documents agreed to in writing by the parties hereto. B.Contractor shall comply with all provisions of the Contract Documents, and no amendment to this Contract shall be made except upon the written consent of the parties, which consent shall not be unreasonably withheld. No amendment shall be construed to release either party from any obligation of the Contract Documents except as specifically provided for in such written amendment. The documents listed above shall be referred to collectively as “Contract Documents.” In the event there exists a conflict between any term, provision and/or interpretation of the Contract Documents, the documents shall take precedent and control in the order listed above. If discrepancies are found that may impact the collection of solid waste, it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the Contract. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that Exhibit "A" Page 2 of 21 component of the Contract, the Contractor shall be solely responsible for the costs and expenses- including additional time- necessary to cure that component of the Contract. C. This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. 3. Definitions The following terms, when used herein, whether capitalized or lower case shall have the respective meanings assigned thereto as follows: Bags: Plastic sacks, designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed fifty (50) pounds. Bin (Commercial/Industrial): Metal receptacle designed to be lifted and emptied mechanically for use only at Commercial and Industrial Units, ranging in size from 2 to 42 cubic yards. Bin (Residential Recycling): See CWD Polycart Description. Loose Brush: Loose tree, shrub or brush trimmings stacked together forming an easily handled package. All limbs must be placed with trunks parallel to the street, but not blocking the sidewalk. No limbs or individual piece of chopped up tree shall weigh more than 50 pounds. Limbs may not be longer than four (4) feet. Brush piles must be free of all foreign debris. Brush Bundled: Tree, shrub or brush trimmings securely tied together forming an easily handled package not exceeding four (4) feet in length or fifty (50) pounds in weight. Bulky Waste: Stoves, refrigerators which have CFC’s removed by a certified technician, water tanks, washing machines, furniture, weights more than 50 pounds, and other waste materials other than Dead Animals, Hazardous Waste, or Stable Matter with weights or volumes greater than those allowed for Bags, Bins or Polycarts, as the case may be. Bulky W aste does not include brush. Items that are able to be reasonably contained should be. Bulky Waste is limited to four (4) cubic yards per pick up. Resident may request a Bulky Waste pick up in excess of 4 cubic yards for a fee. Commercial and Industrial Refuse: All Bulky Waste, Garbage, Rubbish and Stable Matter generated by a Customer at a Commercial and Industrial Unit. Commercial and Industrial Unit: All premises, locations or entities, public or private, requiring Refuse collection within the corporate limits of the City of Colleyville, not a Residential Unit. Page 3 of 21 Commercial Cart Collect Unit: A retail or light commercial type of business, which generates no more than one (1) cubic yard of refuse per week. Commodity: Material that can be sold in a spot or future market for processing and use or reuse. Commodity Buyer: A buyer or processor selected by Contractor pursuant to the Contract Documents, of Recyclable Materials delivered by Contractor. Compactable Waste: Items that can be crushed under the weight of compaction equipment. Construction Debris: Waste building materials resulting from construction, remodeling, repair or demolition operations. Contract Documents: Collectively, the documents identified in Section 2A hereof. Contractor: Community Waste Disposal, LP and its successors and permitted assigns. Curbside: That portion of right-of-way adjacent to paved or traveled City of Colleyville roadways (including alleys). The curbside is as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. Customer: An occupant of a Residential unit, Commercial or Industrial Unit who generates Refuse or Recyclable Materials. Dead Animals: Animals or portions thereof equal to or greater than ten (10) pounds in weight that have expired from any cause except those slaughtered or killed for human use. Disabled Residents: a residential household in which all members of the household are physically disabled to the extent that they are unable to place garbage at curbside. The fact of such disability must be certified to the Contractor by the City Manager. A resident will be placed on the Disabled List upon providing the City with documentation of disability. These residents will receive service at a mutually agreed upon location (typically in front of the garage door). Disposal Site: A Refuse depository including, but not limited to, sanitary landfills, transfer stations, incinerators and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive for processing or final disposal of Refuse and Dead Animals. Doorside HHW Collection: Residential monthly pickup for Household Hazardous Waste and e-waste. Page 4 of 21 Environmental Regulation: Any law, statute, regulation, order or rule now or hereafter promulgated by any governmental authority, whether local, state or federal, relating to air pollution, water pollution, noise control and/or transporting, storing, handling, discharge, disposal or recovery of on-site or off-site hazardous substances or materials, as same may be amended from time to time, including without limitation the following: (i) the Clean Air Act (42 U.S.C. § 7401 et seq.); (ii) Marine Protection, Research and Sanctuaries Act (33 U.S.C. § 1401-1445); (iii) the Clean Water Act (33 U.S.C. § 1251 et seq.); (iv) Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984 (42 U.S.C. § 6901 et seq.); (v) Comprehensive Environmental Response Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. § 9601 et seq.); (vi) Toxic Substances Control Act (15 U.S.C. § 2601 et seq.); (vii) the Federal Insecticide, Fungicide and Rodenticide Act as amended (7 U.S.C § 135 et seq.); (viii) the Safe Drinking Water Act (42 U.S.C. § 300 (f) et seq.); (ix) Occupational Health and Safety Act (29 U.S.C. § 651 et seq.); (x) the Hazardous Liquid Pipeline Safety Act (49 U.S.C. § 2001 et seq.); (xi) the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.); (xii) the Noise Control Act of 1972 (42 U.S.C § 4901 et seq.); (xiii) Emergency Planning and Community Right to Know Act (42 U.S.C §§ 11001-11050); and (xiv) the National Environmental Policy Act (42 U.S.C §§ 4321–4347). Garbage: Any and all Dead Animals of less than 10 lbs. in weight, except those slaughtered for human consumption; every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of Bulky Waste, Construction Debris, Dead Animals, Hazardous Waste, Rubbish or Stable Matter. Household Hazardous Waste: Household products that contain corrosive, toxic, ignitable, or reactive ingredients, including paints, cleaners, oils, batteries, pesticides, CFS, fluorescent batteries, etc., and consumer electronic equipment that is near or at the end of its useful life. Hazardous Material: Any pollutant, toxic substance, Hazardous W aste, Hazardous Material, hazardous substandard, solvent or oil as defined by any federal, state or local Environmental Regulation. Hazardous Waste: Solid wastes regulated as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. Section 1002, et seq., or regulated as toxic under the Toxic Substances Control Act, 15 U.S.C.A. Section 2601 et seq., regulations promulgated thereunder or applicable state law concerning the regulation of hazardous or toxic wastes. Waste in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or any appropriate Page 5 of 21 state agency by or pursuant to Federal or State Law. For purpose of this Contract, the term Hazardous Waste shall also include motor oil, fuel, paint and paint cans. Landfill (Sanitary): A Texas Class I municipal solid waste landfill, or any other alternate, duly permitted sanitary landfill as selected and approved for use by the City of Colleyville. Non-Compactable Waste: Brick, concrete, dirt, and composition shingles, ceramic tile and related like items that cannot be crushed under the weight of compaction equipment. Overflow: All Garbage generated at a Residential Unit that does not fit inside the Residential Unit’s Bag or Container(s) with the lid(s) closed. Polycart and/or CWD Polycart: A wheeled receptacle with a maximum capacity of 35 - 95 gallons constructed of plastic, designed for waste collection systems, and having a tight fitting lid capable of preventing entrance into the container by small animals. No more than 50 pounds of materials allowed inside a Polycart. Premises: All public and private establishments, including individual residences, all multi- family dwellings, residential care facilities, hospitals, schools, businesses, other buildings, and all vacant lots. Proposal: shall mean that certain Proposal for Residential and Municipal Operations of Solid Waste Services - RFP # CMO-2017-01 dated February 20, 2017, and submitted pursuant to the RFP. Recyclable Materials: Commodities collected by the Contractor from residential Units and Commercial Units pursuant to the Contract Documents, which can be sold in a spot or future market for processing and use or reuse including, but not limited to, office paper, newsprint, magazines, plastic (PET and HDPE) bottles, glass containers (clear, brown and green), aluminum cans, metal (tin) cans, and household paper products to include junk mail, envelopes, cereal boxes, cardboard, chipboard, and telephone books. Recycling Center: A recyclable materials depository, including but not limited to transfer stations, incinerators, and waste processing/separation center licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licensed, permits or approvals to receive recyclables for processing. Refuse: Residential Refuse and Bulky Waste, and Stable Matter generated at a Residential Unit, unless the context otherwise requires, and Commercial and Industrial Refuse. Residential Refuse: All Garbage and Rubbish generated by a Customer at a Residential Unit. Residential Unit: A dwelling within the corporate limits of the City of Colleyville occupied by a person or group of persons comprising not more than four families. A Residential Page 6 of 21 Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A residential dwelling, whether of single or multi-level construction, consisting of four or less units, shall be treated as a Residential Unit, except that each single-family dwelling within any such Residential Unit shall be billed separately as a Residential Unit. RFP: shall mean that certain Request for Proposals- Residential and Municipal Operations Solid Waste and Recycling Services, RFP # CMO-2017-01 closing date February 20, 2017, inclusive of all addenda thereto, prepared by the City. Rubbish: All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweeping, glass mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Dead Animals, Garbage, Hazardous Waste or Stable Matter. Solid Waste or Waste Material: All non-hazardous (as defined by CERCLA and other applicable State and Federal laws and regulations) and solid waste material including unwanted or discarded waste material in a solid or semi-solid waste, including but not limited to, garbage, ashes, refuse, rubbish, yard waste (including brush, tree trimmings and Christmas trees), discarded appliances, home furniture and furnishings. Stable Matter: All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry, or livestock. Transfer Station: Residents may utilize the CWD Transfer Station for a fee, located at 2010 California Crossing, Dallas TX 75220. Unacceptable Waste: Contractor/construction debris is not acceptable in residential or front load containers; household hazardous waste is not acceptable unless collected through the Doorside HHW collection. Yard Waste: Decomposable plant materials, including brush, leaves, grass, weeds and other vegetation. 4.Scope and Nature of Operation A.Residential Collection: Contractor shall provide sufficient vehicles and employees to provide curbside collection service for the collection of Residential Refuse, Solid Waste, and Recyclable Materials to each Residential Unit, as outlined in Exhibit A, when placed at curbside by 7:00 a.m. on the designated collection day. Further, Contractor shall provide to City a copy of maps indicating the routes used in the Page 7 of 21 collection of waste from all residential customers. Contractor shall work with City staff to develop routes acceptable to the City. Contractor may request changes to residential collection routes that are determined to be more efficient than those in effect or to which the Parties here agreed; provided, however, no change in collection routes shall be made unless: 1.Such change has been approved in writing by the City, which shall not be unreasonably withheld or delayed; and 2.if the change will require a change in the days Waste Materials and/or Recyclable Materials are collected from a Residential Customer, Contractor has provided written notice to each Residential Customer whose collection dates will change not later than fifteen (15) days prior to the date of the new collection dates become effective. B.Residential Solid Waste Collection Services: The Contractor shall pick up all solid waste generated from residential premises contained within customer provided bags or cans, up to four (4) cubic yards of bulky items or loose brush per collection, and unlimited tied and bundled brush. Weight of individual can or bag shall not exceed 50 pounds. At customer’s request, excessive amounts of rubbish, brush and trees may be collected and disposed of by Contractor for a special haul fee mutually agreed upon by Contractor and such customer. The special haul fee will be based on a specific cubic yard measurement. It is the Contractor’s sole duty to ensure that all special haul fees are collected directly from the resident(s) and Contractor shall ensure that any and all disputes that may arise in connection with the collection of special hauling fees between the Contractor and the resident(s) are fully and amicably resolved. C.Commercial and Industrial Accounts: Contractor shall provide sufficient vehicles and employees to collect and remove solid waste and recycling services from the premises of commercial, institutional and industrial customers that select Contractor to provide service at such frequency as shall be reasonably requested by the owner or agent. Collection service shall be a minimum of once a week or more to maintain premises free of accumulation of waste. Collection may be in carts or bins as designated by the customer. If collection is from a container, that container should be located on a concrete pad to accommodate equipment. Contractor shall also provide weekly service for recyclable materials to all commercial customers that select Contractor to provide solid waste service. All collection under this section shall occur Monday through Saturday between the hours of 7:00 a.m. and 7:00 p.m. D.Residential Recycling Collection: 1.The Contractor shall provide residential recycling as described in Exhibit A. If the City of Colleyville should choose Polycart service at the onset of the contract, Contractor will provide each Residential Unit a CWD recycling Page 8 of 21 Polycart with lid, and of a type that is generally accepted by municipalities with recycling experience. 2.If the City of Colleyville should choose recycling Polycart service at the onset of the contract, Contractor will be responsible for delivering recycling Polycarts to each resident. Residents will be charged $75.00 for lost or stolen Polycarts. Fee will not be applied to residents who are moving in/out. 3.The collection of the recyclable materials shall occur at the curb and all material must be contained within the cart. 4.Contractor shall also provide the City of Colleyville a recycling report detailing volume collected and any other information required by the City. 5.The Contractor is under no obligation to service recycling Polycarts if they are contaminated with Unacceptable Waste. E.Unusual Accumulations Collection: The Contractor may reasonably charge for the collection of unusual accumulations. F.Implementation Plan: City of Colleyville shall work with Contractor to approve an informational brochure which Contractor delivers with each residential Polycart and to commercial and industrial customer addresses. G.Holiday Schedule: The following shall be holidays for the purpose of this Contract: New Year’s Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day The Contractor may choose to run normal collection on the holiday or when holiday falls on a weekday (Monday through Friday). Contractor will delay all collection routes one day from the day of the holiday until the end of that week, completing all routes on Saturday of that week. For example, if New Year’s Day falls on Thursday, no routes are run on Thursday. The New Year’s Day routes will be run on Friday, and Friday’s routes will be run on Saturday. 5. Collection Operation A.Hours of Operation: Contactor shall collect garbage and solid waste and recyclables only between the hours of 7:00 a.m. and 7:00 p.m., on the same day. There shall be no waste collection before 7:00 a.m and/or after 7:00 p.m. without prior written notice from the Contractor and written approval from the City. Page 9 of 21 B.Hours of Disposal: Contractor shall dispose of all waste within the operating hours of disposal site. C.Routes of Collection: Collection routes shall be established by Contractor as approved by the City of Colleyville. The City of Colleyville shall be provided route collection maps and container locations in accordance with the terms and conditions of the Contract Documents. D.Complaints: 1.Complaints. All complaints made directly to Contractor or forwarded to Contractor by City shall be given prompt and courteous attention. Contractor will answer Customer calls in a timely manner and will use commercially reasonable efforts to respond to all e-mails, written inquiries (regardless of how delivered), voice mail messages, and other Customer inquiries not later than the next business day following receipt of the inquiry. 2.Complaint Log. Contractor shall make and keep records of all complaints regarding missed collections which shall include (a) the date and time of the complaint, (b) the name and address of the complainant (including the location of the complaint if different), (c) Contractor’s determination and resolution and, (e) the date and time when the Complaint was resolved. Contractor shall provide to the City an updated complaint log not less than once every 30 days. The City may further request that Contractor provide City a copy of the current complaint log at any time; in which case Contractor shall have one (1) business day to deliver to City the current complaint log. The City will maintain the complaint log and shall be entitled to rely upon the information contained therein to administer the non-performance provisions of this Contract. 3.Charges for Non-Performance. Contractor understands that providing exceptional service is a top priority of this Contract. The following acts or omissions may result in a charge from the City to be paid by Contractor in the following amounts: (a)A charge of $50.00 shall be made for each missed collection at a single address when a Residential Customer reports a missed collection provided that: (1)The missed collection is reported not later than 48 hours following the end of the scheduled collection date; Page 10 of 21 (2)One or more missed collections have been reported at the same address within the 90 day period prior to the missed collection for which the charge is to be assessed. (b)A charge of $100 shall be made if Contractor fails to clean up any spill or leak of Waste Material caused by Contractor, Contractor’s vehicles or Contractor’s employee’s or subcontractors within twenty four (24) hours of receipt from City of written notice of such spill or leak; provided, however, if the nature of the leak or spill is such that completion of the cleanup cannot reasonably be completed within 24 hours of notification, or inclement weather prevents proceeding with the cleanup, Contractor shall be provided reasonable additional time to complete the clean up properly. Notwithstanding the foregoing, no charge shall be made in relation to cleanup resulting from leaks or spills resulting from disposal of Unacceptable Waste items or liquids including motor oil, hydraulic oil, cooking oil, chemicals, paint, solvents, stains, or gasoline. (c)Contractor shall remit payment to City for all charges incurred and invoiced by the City under this Section D within thirty (30) days of the date of the City’s invoice. The Parties agree that the City may deliver the foregoing invoices through email or other electronic means as may be agreed to by the Parties. E.Collection-Equipment: 1.Contractor, at its sole cost and expense, agrees to furnish all trucks, equipment, machines and labor which are reasonably necessary to adequately, efficiently and properly collect and transport garbage from accounts serviced by Contractor in accordance with this Contract. Contractor shall provide and maintain a fleet of collection vehicles sufficient in number and capacity to efficiently perform the collection of Waste Materials as required by this Contract. In no event will the average age of the trucks assigned to this contract be older than ten (10) years. Collection of garbage shall be made using sealed packer-type trucks, and such equipment shall not be allowed to leak nor scatter any waste within the boundaries of the City of Colleyville nor while in route to the disposal site, where such accumulation shall be dumped. Contractors vehicles shall also: (a)be maintained in a clean, workmanlike manner (including, maintaining seals on the hoppers to minimize liquids escaping the vehicle during collection and transport); (b)be clearly identified with the Contractor’s name (or assumed name, i.e. its “d/b/a” name), address, and phone number of Contractor’s Page 11 of 21 local office, posted on each cab door of the vehicle and such other place required by applicable state regulations; (c)display all applicable vehicle inspection stickers issued pursuant to State law. Notwithstanding the fact that a vehicle is displaying a valid and current inspection sticker, City may at any time inspect and require Contractor to bring a vehicle into compliance with state requirements for condition and operation of the vehicle’s tires and equipment if it is determined the equipment or tires would not pass a state inspection. Such inspection by City shall be conducted in a manner that does not unreasonably interfere with Contractor’s operations; and (d)be equipped with a shovel and broom to be used for collection of spilled Waste Material. 2.Due to the street size variations in the City, the contractor shall provide equipment that will accommodate collection from each customer address. Special collections shall be made using appropriate equipment. Damage caused by collection equipment such as spillage, broken curbs or sidewalks, and mail boxes shall promptly be repaired or replaced at the Contractor’s sole expense. 3.Contractor's name, telephone number and unit number shall be clearly marked on each side of the Contractor's vehicle and legible from 150 feet. Contractor shall maintain all collection equipment in a safe and efficient working condition throughout the term of this Contract. Contractor’s vehicles shall be maintained and painted as often as necessary to preserve and present a well-kept appearance, and a regular preventative maintenance program. 4.Contractor shall furnish to City an inventory of all equipment and vehicles to be used pursuant to this Contact. Contractor shall provide City an updated list not later than ten (10) business days after Contractor adds and/or deletes a vehicle or piece of equipment that is being used in the City unless the addition or deletion is only for a temporary period to allow for the repair of a vehicle or piece of equipment that is on the inventory that has been temporarily removed from service. 5.Contractor shall further be responsible for the repair of damage to paved surfaces on public streets, alleys, thoroughfares, bridges, or easements when such damage is caused by Contractor’s negligent or inappropriate operation of its collection equipment. Contractor shall not be responsible for normal wear and tear of public rights of way or regular maintenance of such rights of way. Substantiation of cause shall be determined by mutual agreement of the City and Contractor. At no time shall Contractor, its Page 12 of 21 subcontractors, or their respective employees operate a vehicle in the City’s Limits that: (a)is loaded to the extent that the load exceeds the weight allowed by law for the rating of said vehicle; or (b)is loaded to the extent that the combined weight of the load and vehicle exceeds the weight allowed on the public streets, alleys, thoroughfares, bridges, or easements on which the vehicle is traveling, if such street, alley, or bridge has received a weight limitation rating. Contractor shall, not later than forty-five (45) days following written demand, reimburse City for all costs related to City’s repair of damages determined by mutual agreement to be Contractor’s responsibility pursuant to this Section. F.Disposal: Contractor shall deliver all Solid Waste collected to a licensed Class I sanitary landfill operated in compliance with rules stipulated by the Texas Commission on Environmental Quality (TCEQ) and/or the Environmental Protection Agency (EPA). Contractor shall deliver all household hazardous waste to a landfill legally permitted to accept such waste. G.Spillage: Except as otherwise may be provided herein, Contractor shall not be responsible for scattered refuse unless the same has been caused by its equipment or the acts, omissions of any of its employees, agents and/or subcontractors, in which case all scattered refuse shall be picked up immediately by Contractor. Any stains caused by leaking trucks will be cleaned up by Contractor at Contractor’s sole expense. Contractor will not be required to clean up or collect loose refuse or spillage not caused by its equipment or the acts or omissions of its employees, agents and/or subcontractors, but shall promptly notify the City in writing of the location of such conditions so that proper notice can be given to the customer at the premises to properly contain refuse. H.Vicious Animals: Employees of Contractor shall not be required to expose themselves to the dangers of vicious animals in order to accomplish refuse collection in any case where the owner or tenants have animals at large, but Contractor shall immediately notify the City, in writing, of such condition and of its inability to make collection. Page 13 of 21 6. City Service Specification Contractor shall furnish free garbage pickup for all City facilities. Contractor shall supply the necessary labor and equipment to provide bulk and brush collection at the City’s annual drop off event at no charge to the City. Contractor shall also supply up to fifty (50) 80-100 gallon containers up to 3 times per year for special events at no charge to the City. See Exhibit C for City Facilities locations and service matrix. 7.Recyclable Materials A.Contractor shall provide a single-stream recyclable collection service. Residents will not be required to separate recyclable materials by type of material. B.Contractor shall be totally responsible for the processing and marketing of all recyclable materials collected pursuant to this Contract. 8.Ownership Title to Refuse, Solid Waste, Dead Animals and Recyclable Materials shall pass to Contractor when placed in Contractor’s collection vehicle, removed by Contractor from a Bin or container of any sort, or removed by Contractor from the customer’s premises, whichever last occurs. 9. Employees A.Contractor shall employ sufficient numbers of employees to satisfactorily meet its obligations under this Contract and all of Contractor’s employees shall be fully qualified to perform the duties assigned to them. B.Contractor shall perform driving record checks of all drivers working within the City of Colleyville at least once every 12 months and shall take all reasonable steps to ensure that its drivers have safe driving records. C.All field employees of the Contractor shall wear uniforms identifying them as employees of the contractor. Employees driving the contractor’s vehicles shall, at all times, possess and carry a valid Class B vehicle operator’s license from the State of Texas. The Contractor’s employees, officers and agents shall, at no time, be allowed to identify themselves or in any way represent themselves as being employees or agents of the City of Colleyville. The Contractor shall prohibit the drinking of alcoholic beverages and the unlawful use of controlled substances by employees while on duty or in the course of performing duties under this Contract. Page 14 of 21 D.The Contractor shall assign one supervisory level employee to oversee the Contractor’s operations in the City. The City Manager, or his designee, will be given the name and contact information of the supervisor assigned and will have the right to contact the supervisor directly when needed, including outside of regular business hours. The supervisor assigned to the City will be available to respond within two (2) hours to any issue(s) that may arise during operating hours. 10.Reporting Requirements In addition to any other reporting required under this Contract, Contractor shall provide, at a minimum, the following reports within the time periods specified in this section: A.Monthly Report: A Monthly Report shall be delivered to the City within three (3) weeks of the end of the reporting period containing the following information: i.Recycle Tonnage; ii.Customer Inquiries and Complaint Logs; iii.Trash, Bulk and Brush Tonnage; iv.Door-Side Household Hazardous Waste; v.Deductions for Non Performance; and vi.Other information as may be required by the City. B.Annual Report: On or before January 30 of each year, Contractor shall submit a report detailing the status of the terms and conditions of this Contract and any points that need to be addressed, including safety reports, incident reports, customer complaint reports. 11.Gross Vehicle Weight Limits Contractor specifically reserves the right to adjust the size of Commercial containers and the frequency of collections of such containers if Contractor determines that hauling an individual roll-off container will cause Contractor to exceed its maximum license limits as approved by State of Texas for gross vehicle weight (“GVW”). In such instances, Contractor shall give notice to the Customer and adjust the size of said containers and/or the frequency of service to achieve compliance with GVW limits. For all GVW pounds in excess of 54,000 pounds, Contractor may charge the Commercial Customer two and one- half (2.5) times the standard disposal fee. 12.State, Local, and Federal Regulations Contractor agrees to comply with all of the existing laws of the United States and of this State and any further laws which may be enacted by the United States, this State, and/or the City, and agrees to comply with the regulations of any regulatory body or officer authorized to prescribe or enforce regulations pertaining to the subject matter of this Contract; it being expressly agreed that nothing in this Contract shall be construed in any manner to abridge the right of City of Colleyville to pass or enforce necessary police and Page 15 of 21 health regulations for the protection of its inhabitants. The Contractor is subject to the provisions of chapters 49, 51 and 53 of the Texas Water Code, state statutes and the Texas Constitution. 13.Licenses and Taxes Contractor shall obtain all licenses and permits (other than the license and permit granted by this Contract) and promptly pay all required taxes. 14.Vehicle Identification Contractor's name and number shall be clearly marked on each side of the Contractor's vehicle in letters not less than two inches (2”) in height. 15.Non-Collection Notice and Follow-Up A.Where the owner or occupant of any premises is maintaining improper or inadequate refuse containers, Contractor may refrain from collecting all or a portion of such refuse; provided Contractor notifies the City of Colleyville and the owner or occupant thereof within twenty four (24) hours thereafter of the reason for such non-collection. B.Except as otherwise provided in this Contract, where the City of Colleyville is notified by an owner or occupant that refuse has not been removed from his premises on the scheduled collection day and where no notice of non-collection or a change in collection schedule has been received from Contractor, the City of Colleyville will investigate the matter, and if the investigation discloses that Contractor has failed to collect refuse from the subject premises without cause as supported by notice as described herein, Contractor shall collect the same within twenty four (24) hours after a collection order is issued by the City of Colleyville. 16. Remuneration - Residential The City of Colleyville shall pay for services hereunder in accordance with the “Pricing Sheet” attached hereto as Exhibit A. The rates charged by Contractor hereunder are subject to annual adjustment as set forth in Exhibit D. Contractor shall make a written request for any such adjustment no later than 30 days prior to the date on which the adjustment is intended to take effect. Such request shall be accompanied by supporting materials evidencing the basis for such adjustment. The City of Colleyville will pay contractor for residential service (refuse and recycle) by the last day of the month following the month of service. The City will be responsible for both billing and collection from residential accounts. The amounts billed by the City will be remitted to Contractor, net of a franchise fee and any permitted deductions, which will be retained by the City of Colleyville. Page 16 of 21 17.Commercial Accounts Contractor will provide direct billing to and collection from all its commercial accounts. Contractor shall quote rates for commercial and industrial services in compliance with the rate structure set forth in this Contract. All commercial customers are to be billed directly by Contractor, and the City of Colleyville shall not be entitled to any compensation relating to such billing. The Contractor shall pay the City of Colleyville a franchise fee in accordance to commercial customers on a monthly basis. 18.Books and Records The City of Colleyville and Contractor agree to maintain at their respective places of business adequate books and records, including financial records, relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during regular business hours for inspection by the other Party or the Party’s designated representative, upon reasonable advance notice. The inspecting Party shall be responsible for all of its own expenses, including travel and contractual services. 19.Contractor as Independent Contractor of City of Colleyville Contractor shall have control over and be solely responsible for the actions of its employees and agents during the performance of services under this Contract. Contractor assures the City of Colleyville that the actions of Contractor's employees shall be in the best interests of the City of Colleyville and its citizens. Contractor and its employees and agents are independent contractors of the City of Colleyville and not employees or agents of the City of Colleyville. 20.Term The initial term of this Contact shall be for a period of five (5) years commencing on November 1, 2017 (the “Commencement Date”) and shall end on October 31, 2022 (the “Termination Date”), unless otherwise extended or terminated earlier as provided herein. The Termination Date may be extended by written agreement of the Parties for two additional three (3) year extension terms (each an “Extension Term”), upon the same terms and conditions as herein set forth. City shall notify Contractor no later than six (6) months prior to the end of the then current term if City elects not to extend the Termination Date of this Contract. This Contract will be automatically renewed for up to two Extension Terms if City fails to provide the notice to Contractor of its election not to renew the Contract as provided herein. Notwithstanding the provisions herein regarding Extension Terms, the Parties agree that City may, at any time prior or subsequent to expiration of the Initial Term, solicit bids or proposals or contract for the collection of Waste Materials such other services as are provided for herein for a period commencing after the Termination Date. Page 17 of 21 21. Notices Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective part of the address set forth below: If to the City of Colleyville, at: City of Colleyville 100 Main Street Colleyville, Texas 76034 ATTN: City Manager If to Contractor, at: Community Waste Disposal, LP 2010 California Crossing Road Dallas, TX 75220 ATTN: Greg Roemer, President, CWD Or such other addresses as the Parties may hereafter specify by written notice delivered in accordance herewith. 22. Force Majeure Notwithstanding anything herein to the contrary, Contractor shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, fire, or act of God. Contractor shall give notice to City of Colleyville of a force majeure event within three days of the occurrence of the event, but no later than noon on a missed collection day. 23. Insurance/Security/Indemnification Minimum Limits of Insurance: The Contractor shall procure and maintain the following minimum types of coverage: Type Coverage Per Occurrence Minimum Aggregate Minimum Worker’s Compensation As required by law covering all employees including drivers. As required by law Comprehensive & General Public Liability Minimum $2,500,000 $10,000,000 Property Damage $1,000,000 $2,000,000 Comprehensive Auto Liability $5,000,000 $5,000,000 Bodily Injury $1,000,000 $1,000,000 Comprehensive Auto Liability- Property Damage $500,000 $1,000,000 Page 18 of 21 The City of Colleyville reserves the right to review the insurance requirements of this section during the effective period of the Contract and any extension or renewal period. Contractor will provide a performance bond in the amount of $100,000.00, as described in section 1.7 of the RFP. Indemnification. CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CITY, ITS CITY COUNCIL, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, “THE INDEMNITEES”), FROM AND AGAINST ANY AND ALL CLAIMS FOR PERSONAL INJURIES OR DEATH, OR THE LOSS OF OR DAMAGE TO PROPERTY, IN EACH CASE, TO THE EXTENT CAUSED BY THE INTENTIONAL MISCONDUCT OR NEGLIGENT ACTS OR OMISSIONS, OF CONTRACTOR, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND/OR SUBCONTRACTORS, BUT ONLY TO THE EXTENT SUCH CLAIMS ARE NOT THE RESULT OF THE NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF ONE OR MORE OF THE INDEMNITEES. CITY, FOR ITSELF AND ITS ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, DOES NOT BY THIS CONTRACT WAIVE ITS SOVEREIGN IMMUNITY, NOR DO CITY OR CONTRACTOR GRANT ANY THIRD PARTY ANY BENEFICIAL RIGHTS HERETO. THE INDEMNIFICATION PROVIDED IN THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THE CONTRACT. 24. Severability In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with applicable laws. The invalidity or unenforceability of any provision or portion of any Contract Document shall not affect the validity or enforceability of any other provision or portion of any Contract Document. 25. Termination of Agreement Termination by Default. If City notifies Contractor of a failure of Contractor to perform a material provision of this Contract and, provided such failure can be cured, Contractor has failed to cure such failure on or before the thirtieth (30th) day following such notice, or if such failure can be cured, but cannot be reasonably cured within said thirty (30) days, then by the date such failure should reasonably be cured, but in no case later than ninety (90) days after delivery of the notice from City, City may terminate this Contract by delivery of written notice to Contractor. Upon such termination under this section, in the event such termination occurs during the Initial Term, City, as its sole and exclusive remedy may exercise its rights under Contractor’s performance bond, if applicable, and procure the services of another waste services provider to complete the work covered under this Contract for the remainder of the time period covered by the Initial Term. Except for such right during the Initial Term, following any such termination, neither Party shall have any further obligation under this Contract other than lawful deductions under this Contract, Page 19 of 21 claims for personal injuries or property damage and the right to be indemnified therefor as expressly provided in this Contract and arising prior to such termination date. Termination for Insolvency, Bankruptcy, Assignment to Creditors. City may, without further notice, terminate this Contract immediately if the Contractor (i) petitions for reorganization under the Bankruptcy Code or is adjudged bankrupt; (ii) becomes insolvent or a receiver is appointed due to the insolvency; (iii) makes a general assignments or sale of its assets or business for the benefit of creditors if Contractor ceases providing the collection of Waste Materials pursuant to this Contract and Contractor (if Contractor is a debtor-in-possession) or the trustee of the bankruptcy estate fails to ratify and continue performance of this Contract within the required period set forth in the Bankruptcy Code. Mutual Agreement. In the event City and Contractor mutually agree in writing, this Contract may be terminated on the terms and date stipulated in writing. Compliance with Federal Immigration Laws. Contractor agrees at all times to comply with Federal Immigration laws with respect to employment and to make available during Contractor’s regular business hours on request of City employee documentation verifying an employee’s status to be employed by an employee in the United States. To the extent required by law, Contractor agrees to verify current and future employee’s status by utilizing the E-Verify internet-based system as operated by the United States Department of Homeland Security, or I-9 verification. Right of Contractor to Terminate. If City is temporarily or permanently enjoined by a court of competent jurisdiction from entering this Contract or otherwise granting to Contractor an exclusive contract and franchise for the collection services to be provided herein, or an amendment to State law makes this Contract unlawful to the extent that the Contract grants an exclusive contractual right to Contractor, Contractor may, upon not less than ten (10) days written notice to City: (a)to terminate this Contract, in which case Contractor shall refund to City any and all amounts owed to the City for the remaining portion of the month after the date of termination; or (b)upon written consent of the City, continue to perform the services pursuant to this Contract, in which case the Parties will negotiate acceptable adjustments to the terms of this Contract. Following any termination pursuant to this section, neither Party shall have any further obligation under this Contract other than for claims for lawful deductions, personal injuries or property damage and the right to be indemnified therefor as expressly provided in this Contract and arising prior to such termination date. Termination for Non-Appropriation of Funds. Contractor acknowledges and understands that City is prohibited by law from entering contractual obligations for the expenditure of funds beyond the current fiscal year. City may, upon written notice to Page 20 of 21 Contractor, terminate this Contract on any September 30 occurring during the Term of this Contract if City fails to appropriate funds in City’s Annual Budget for the immediately following fiscal year commencing on October 1 for the purpose of providing residential solid waste collection services to Residential Customers. This Contract is not, and shall not be construed as, (a) an obligation payable in any fiscal year beyond the fiscal year for which funds are lawfully appropriated; or (b) an obligation creating a pledge of, or a lien on, City’s tax or general revenues resulting in the creation of a debt. 26. Venue Venue for any action arising under or pursuant to the terms of this Contract shall lie exclusively in Tarrant County, Texas. 27.No Waiver for Delay. The failure or delay on the part of either Party to exercise any right, power, privilege or remedy under this Contract shall not constitute a waiver thereof. No modification or waiver by either Party of any provision shall be deemed to have been made unless made in writing. Any waiver by a Party for one or more similar events shall not be construed to apply to any other events whether similar or not. 28.Attorneys Fees. If any litigation is commenced under this Contract, the successful Party shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys’ fees, expert witness fees, litigation related expenses and court or other costs incurred in such litigation or proceeding. 29.Incorporation of Proposal and RFP. Though not attached hereto, the RFP and Proposal are hereby expressly incorporated herein by reference. To the extent of any conflict between or among the language and provisions of this Contract, the Proposal, and the RFP, the priority of documents with respect to resolving such conflict shall be this Contract, then the RFP, then the Proposal. 30.Proposal Representations. Contractor expressly acknowledges that City has entered this Contract in express reliance on the truth of the statements and representations set forth in the Proposal and agrees that the representations made by Contractor in the Proposal are true and correct as of the time of signing of this Contract. (Signature Page to Follow) Page 21 of 21 SIGNED AND AGREED this the _______ day of _______________, 2017. City of Colleyville ________________________________ Richard Newton, Mayor ATTEST: _________________________________ Amy Shelley, City Secretary APPROVED AS TO FROM: _________________________________ Whitt L. Wyatt, City Attorney (6.1.17.3042.86721) SIGNED AND AGREED this the ______ day of _______________, 2017. CONTRACTOR: Community Waste Disposal, L.P., Texas limited partnership, By: CWD Management, Inc., a Texas corporation, its general partner By: __________________________________ Greg Roemer, President ATTEST: ________________________________ EXHIBIT "A" City of Colleyville Pricing Sheet 8%Rate with Contractor Rate With Franchise Fee RESIDENTIAL Rates Franchise Fee And Tax Curbside collection - (Trash/Recycle/Bulk/Brush)Per home Per Month 11.62$ 12.63$ 12.63$ Trash-2 x Week Collection in customer owned containers Recycle -1 x Week 95 Gallon CWD Cart Bulk/Brush -2 x Week -4 Cubic Yards Bulk/Loose Brush, unlimited bundles Additional Recycle Cart Per home Per Month 2.75$ 2.99$ 2.99$ Replacement Cart Per Cart 65.00$ 70.65$ 70.65$ Excess Residential Bulk/Brush - Per cubic Yard 12.00$ 13.04$ 14.12$ OPTIONAL ENHANCEMENT SERVICES Door side HHW collection (on-call monthly) - Assumes the $15,000 HHW contribution is discontinued Per home Per Month 0.43$ 0.47$ 0.47$ TEMPORARY ROLL OFF FOR RESIDENTIAL PURPOSES 395.00$ 429.35$ 464.77$ Includes delivery, one weeks rental, and one (1) haul and 2 tons disposal, 12 Yard Container STORM DEBRIS: EMERGENCY DISASTER RESPONSE RELATED Price Per Hour:135.00$ TO BULKY BRUSH PICKUP EVENTS:Plus disposal per ton 28.68$ Includes 1 truck and 2 employees COMMERCIAL Commercial Hand Collect - 2 x Week Per Month 23.50$ 25.54$ 27.65$ Commercial Recycling - 95 Gallon Cart Per Month 9.50$ 10.33$ 11.18$ FRONT LOAD* Net To Contractor Rate Lifts Per Week Trash 1x 2x 3x 4x 5x 6x Extra 2 Yard $50.63 $79.99 $108.36 $138.73 $166.07 $195.44 $68.00 3 Yard $63.56 $104.30 $147.84 $189.36 $232.89 $274.41 $70.00 4 Yard $76.96 $127.59 $179.24 $227.83 $279.49 $330.11 $72.00 6 Yard $117.47 $170.13 $236.95 $304.79 $372.65 $440.49 $76.00 8 Yard $132.65 $216.71 $301.76 $385.80 $469.85 $555.92 $78.00 6 Yd Compactor $211.45 $374.29 $556.83 $746.74 $950.26 $1,127.65 $106.40 8 Yd Compactor $238.77 $476.76 $709.14 $945.21 $1,198.12 $1,423.16 $109.20 Monthly Front Load Compactor Rental: 6 yd -$170.00, 8 yd-$200.00 8 Yard OCC 86.00$ 150.00 $ *Charge for Gates, Castors, or Locks 4.25$ Per Lift FRONT LOAD* Rate with 8% Franchise Fee Lifts Per Week Trash 1x 2x 3x 4x 5x 6x Extra 2 Yard $55.03 $86.95 $117.78 $150.79 $180.51 $212.43 $73.91 3 Yard $69.09 $113.37 $160.70 $205.83 $253.14 $298.27 $76.09 4 Yard $83.65 $138.68 $194.83 $247.64 $303.79 $358.82 $78.26 6 Yard $127.68 $184.92 $257.55 $331.29 $405.05 $478.79 $82.61 8 Yard $144.18 $235.55 $328.00 $419.35 $510.71 $604.26 $84.78 6 Yd Compactor $229.84 $406.84 $605.25 $811.67 $1,032.89 $1,225.71 $115.65 8 Yd Compactor $259.53 $518.22 $770.80 $1,027.40 $1,302.30 $1,546.91 $118.70 Monthly Front Load Compactor Rental: 6 yd -$184.78, 8 yd-$217.39 8 Yard OCC $93.48 $163.04 *Charge for Gates, Castors, or Locks $4.62 Per Lift FRONT LOAD* Rate with 8% Franchise Fee AND 8.25% Sales Tax Lifts Per Week Trash 1x 2x 3x 4x 5x 6x Extra 2 Yard $59.57 $94.12 $127.50 $163.23 $195.40 $229.96 $80.01 3 Yard $74.79 $122.72 $173.96 $222.81 $274.02 $322.88 $82.37 4 Yard $90.55 $150.12 $210.90 $268.07 $328.85 $388.42 $84.72 6 Yard $138.21 $200.18 $278.80 $358.62 $438.47 $518.29 $89.43 8 Yard $156.07 $254.98 $355.06 $453.95 $552.84 $654.11 $91.77 6 Yd Compactor $248.80 $440.40 $655.18 $878.63 $1,118.10 $1,326.83 $125.19 8 Yd Compactor $280.94 $560.97 $834.39 $1,112.16 $1,409.74 $1,674.53 $128.49 Monthly Front Load Compactor Rental: 6 yd -$200.03, 8 yd-$235.33 8 Yard OCC $101.19 $176.49 *Charge for Gates, Castors, or Locks $5.00 Per Lift ROLL OFF** Net to Contractor Rate Container Daily Size Type Haul Disposal Rental Delivery 20 Yard OT 323.88 $ 28.68$ 5.00$ 125.00$ 30 Yard OT 323.88 $ 28.68$ 5.00$ 125.00$ 40 Yard OT 323.88 $ 28.68$ 5.00$ 125.00$ 20 Yard Compactor 335.24 $ 28.68$ Negotiable 30 Yard Compactor 335.24 $ 28.68$ Negotiable 35 Yard Compactor 335.24 $ 28.68$ Negotiable 40 Yard Compactor 335.24 $ 28.68$ Negotiable 42 Yard Compactor 335.24 $ 28.68$ Negotiable ** Loads that exceed the D.O.T. specification of 54,000 pounds GVW will be billed an additional $57.36 per ton for all tons in excess of 54,000 pounds. ROLL OFF** Rate with 8% Franchise Fee Container Daily Size Type Haul Disposal Rental Delivery 20 Yard OT 352.04 $ 31.17$ 5.43$ 135.87$ 30 Yard OT 352.04 $ 31.17$ 5.43$ 135.87$ 40 Yard OT 352.04 $ 31.17$ 5.43$ 135.87$ 20 Yard Compactor 364.39 $ 31.17$ Negotiable 30 Yard Compactor 364.39 $ 31.17$ Negotiable 35 Yard Compactor 364.39 $ 31.17$ Negotiable 40 Yard Compactor 364.39 $ 31.17$ Negotiable 42 Yard Compactor 364.39 $ 31.17$ Negotiable ** Loads that exceed the D.O.T. specification of 54,000 pounds GVW will be billed an additional $62.35 per ton for all tons in excess of 54,000 pounds. ROLL OFF** Rate with 8% Franchise Fee AND 8.25% Sales Tax Container Daily Size Type Haul Disposal Rental Delivery 20 Yard OT 381.08 $ 33.74$ 5.88$ 147.08$ 30 Yard OT 381.08 $ 33.74$ 5.88$ 147.08$ 40 Yard OT 381.08 $ 33.74$ 5.88$ 147.08$ 20 Yard Compactor 394.45 $ 33.74$ Negotiable 30 Yard Compactor 394.45 $ 33.74$ Negotiable 35 Yard Compactor 394.45 $ 33.74$ Negotiable 40 Yard Compactor 394.45 $ 33.74$ Negotiable 42 Yard Compactor 394.45 $ 33.74$ Negotiable ** Loads that exceed the D.O.T. specification of 54,000 pounds GVW will be billed an additional $67.49 per ton for all tons in excess of 54,000 pounds. Total Tons Received by CWD 702.00 Per Ton Processing Fee & Transportation Fee (Note 1)76.81$ Adj Annually Total Processing Fee Note 4 53,920.62$ Adj Annually Note 3 Adjusted Monthly Pricing Pubished Value Commodity Component %Structure $ Per Ton Total $Tons ONP 14.00%PPI - #8 Southwest Hi 100.00$ 9,828.00$ 98.28 OCC 19.71%PPI #11 Southwest Hi 120.00$ 16,603.20$ 138.36 Mixed Paper 9.87%PPI Mixed Paper #2 Hi 90.00$ 6,236.10$ 69.29 Aluminum 0.77%SMP - Region 8 Houston High 520.00$ 2,813.20$ 5.41 Steel/Tin 1.52%SMP - Region 8 Houston High 5.00$ 53.35$ 10.67 PETE 3.43%SMP - Region 8 Houston High 180.00$ 4,334.40$ 24.08 HDPE - Natural 1.15%SMP - Region 8 Houston High 500.00$ 4,035.00$ 8.07 HDPE - Colored 0.90%SMP - Region 8 Houston High 280.00$ 1,769.60$ 6.32 Mixed Plastic 0.19%SMP - Region 8 Houston High 40.00$ 53.20$ 1.33 Mixed Glass 14.67%-$ -$ 102.98 Residue 33.79%(24.79)$ (5,880.44)$ 237.21 100.00%56.76$ 39,845.61$ 702.00 Total Gross Recycle Revenue 39,845.61$ Less Total Processing Fees (53,920.62)$ Net Revenue (14,075.01)$ 60%City Share of Net Positive Revenue NA Revenue Share Per Ton NOTE 1 Processing & Transportation Fees will be adjusted annually based on CPIU, Disposal, and Fuel increases NOTE 2 Per ton rebate cannot exceed $40 per ton. NOTE 3 SMP = Secondary Materials Pricing, PPI = Pulp & Paper Week NOTE 4 Pricing current as of 1-31-2017 NOTE 5 City will never be required to pay contractor for negative revenue values. Any negative values will carry forward and must be brought back to zero before compensation to the city begins or resumes. EXHIBIT "B" Community Waste Disposal COLLEYVILLE Recycle Revenue Sharing Calculations 65/95 Gallon Cart SiteName SiteAddress Qty SvcFrequency Type Christmas Tree Lighting (also used for other events) 100 Main Street 20 On-Call 95 Gallon Trash Carts City Hall & Library 100 Main Street 10 Weekly 95 Gallon Recycle Cart City Hall & Library 100 Main Street 1 2 times per week 8 Yard Trash Container City Park 5205 Bransford Road 1 Weekly 8 Yard Recycle Container City Park 5205 Bransford Road 1 3 times per week 8 Yard Trash Container Clean Sweep Event High School Parking Lot 1 Annually 3 Rearload Trucks, 1 Open Top, 1 Brush Truck Colleyville Center 5301 Riverwalk Drive 7 Weekly 95 Gallon Recycle Cart Colleyville Center 5301 Riverwalk Drive Call Out Extra Dumps Colleyville Center 5301 Riverwalk Drive 1 3 times per week 8 Yard Trash Container Colleyville Justice Center 5201 Riverwalk Drive 4 Weekly 95 Gallon Recycle Cart Colleyville Justice Center 5201 Riverwalk Drive 1 Weekly 8 Yard Trash Container Fire Station 1 5209 Colleyville Blvd 1 Weekly 8 Yard Trash Container Fire Station 1 5209 Colleyville Blvd 6 Weekly 95 Gallon Recycle Cart Fire Station 2 5212 Pool Road 1 Weekly 95 Gallon Recycle Cart Fire Station 2 5212 Pool Road 1 2 times per week 95 Gallon Trash Cart Fire Station 3 312 McDonwell School Road 1 Weekly 95 Gallon Recycle Cart Fire Station 3 312 McDonwell School Road 1 2 times per week 95 Gallon Trash Cart Library 110 Main Street 2 Weekly 95 Gallon Recycle Cart McPherson Park 6719 McPherson Road Call Out 30 Yard Roll-off Container - Brush Only (1) Old Tyme BBQ Event 5201 Riverwalk Drive 1 Annually Varies, 1 Open Top Parks Office 5109 Bransford Road 1 Weekly 95 Gallon Recycle Cart Parks Shop / Yard 5201 Bransford Road 2 Weekly 95 Gallon Recycle Cart Parks Shop / Yard 5201 Bransford Road Call Out 30 Yard Roll-off Container (1) Pleasant Run Park 6501 Pleasant Run Road 1 Weekly 8 Yard Recycle Container Pleasant Run Park 601 Pleasant Run Road 1 3 times per week 8 Yard Trash Container Public Works Service Center 1601 Hall Johnson Road 2 Weekly 95 Gallon Recycle Cart Public Works Service Center 1601 Hall Johnson Road 1 Weekly 8 Yard Trash Container Public Works Service Center 1601 Hall Johnson Road Call Out 30 Yard Roll-off Container (1) Red, White, & Sousa Event 5301 Riverwalk Drive 1 Annually 4 Yard Trash Container Senior Center 2512 Glade Road 1 Weekly 95 Gallon Recycle Cart Senior Center 2512 Glade Road 1 Weekly 4 Yard Trash Container Exhibit "C" Free City Services (1)Twenty four (24) free Thirty (30) Yard Open Top Hauls Per Year. Additional hauls charged at 20% discount to Exhibit "A" Net to Contractor Rate(s). Frontload service for City facilities will be customized per service quantities required, but not to exceed 600 cubic yards per month. Page 1 of 2 EXHIBIT “D” ANNUAL ADJUSTMENT MODEL COLLEYVILLE 3-24-2017 All rates charged by Community Waste Disposal (contractor) will be subject to an Annual CPI/Fuel/Disposal Cost Adjustment. Rates may increase or decrease depending on the changes in the indices as outlined below. The first annual adjustment will be effective twelve (12) months from the contract date, and subsequent adjustments will be made each year through the term of the contract. The Annual Adjustment will be applicable to all charges for Trash, Recycling, and other services for both residential and commercial services as contained in the contract. Rates and fees will be adjusted by the contractor for the second and subsequent Contract years for the term of the contract, based on the indices and methodology as described below. If any index defined herein shall not be determined and published or if any index as it is constituted on the Contract Date is thereafter substantially changed, there shall be substituted for such index another index which is determined and published on a basis substantially similar to the index being replaced as shall be mutually agreed upon by the City and the Contractor. The percentage breakdown among the three components of the annual adjustment (CPI, Fuel, Disposal) will vary based on the type of service rendered (System) and can be found on the System Chart below. Annual Rate Adjustment will not be unreasonably withheld or denied. CPI (see System Chart for %) The basis for the CPI component of the annual adjustment will be the increase or decrease in the “Consumer Price Index – All Urban Consumers”, all items (not seasonally adjusted) less Energy, for the Dallas-Fort Worth, TX Area as published by the U.S. Department of Labor Bureau of Labor Statistics. The contractor has designated (see System Chart for amount) % of fees and charges to be adjusted by the CPI index. For the Annual Cost Adjustment to be effective on the first anniversary of the contract date, the Base or previous CPI index will be the most recent index published two (2) months prior to the date of the contract, and the Current CPI Index will be the most recent Index published two (2) months prior to the current year’s contract anniversary date. For subsequent years the Base CPI will be the previous year’s “Current Index Value” and the Current CPI Index will be the most recently published Index two (2) months prior to the current year’s contract anniversary date. FUEL (see System Chart for %) The Fuel portion of the Annual Adjustment will be determined using the increase or decrease in the Department of Energy’s Weekly Retail On-Highway Diesel Prices per gallon for the Gulf Coast region as reported by the Energy Information Administration of the U.S. Department of Energy (www.eia.doe.gov). The contractor has designated (see System Chart for amount) % of fees and charges to be adjusted by the diesel fuel index. For the Annual Cost Adjustment to be effective on the first anniversary of the contract date, the Base or Previous Fuel Index will be the average DOE diesel fuel cost per gallon for the most recent three (3) month period ending two (2) months prior to the date of the contract. The Current Fuel Index will be the DOE average diesel fuel cost per gallon for the three (3) month period ending two (2) months prior to the contract anniversary date. For all subsequent years of the contract the Base or Previous Fuel Index will be the previous year’s “Current Index Value”, and the Current Fuel Index will be the average DOE diesel fuel cost for the three month period ending two (2) months prior to the current years contract anniversary date. Page 2 of 2 DISPOSAL (see System Chart for %) The Disposal portion of the Annual Adjustment will be determined using the increase or decrease in the CWD gate rate price for the Lewisville DFW Landfill. The contractor has designated (see System Chart for amount) % of fees and charges to be adjusted by the Disposal rate changes. For the Annual Cost Adjustment to be effective on the first anniversary of the contract date, the Base or Previous Disposal Index will be the Lewisville DFW Landfill gate rate effective on the date the CWD bid was submitted. The Current Disposal Index will be the Lewisville DFW Landfill gate rate in effect ten (10) months from the contract start date. For all subsequent years of the contract the Base or Previous Index value will be the previous year’s “Current Index Value”, and the Current Fuel Index will be the Lewisville DFW Landfill gate rate in effect one month prior to the current years contract anniversary date. SYSTEM CHART Front Load Trash Roll Off Trash Roll Off Excessive Weight Residential Trash Recycle CPI 57% 37% 0% 48% 80% Fuel 13% 13% 0% 20% 20% Disposal 30% 50% 100% 32% 0% Total 100% 100% 100% 100% 100% EXAMPLE ( Recycle) Contractors Base Fee Adjustment Indices Index Percentage Previous (Base) Index Value Current Index value Change in Index Value Index Percentage Change % Applied to Annual Cost Adjustment Consumer Price Index 80% 217.487 220.097 2.610 1.20% 0.96% Diesel Fuel Cost 20% $2.914 $2.987 $0.073 2.51% 0.50% Disposal Cost 0% $20.00 $20.40 $0.40 2.00% 0.00% Annual Adjustment 100% 1.46% 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 06/20/2017 Number Ordinance O-17-2013 Type Ordinance Department Community Development Title Consideration of an appeal of the decision of the Planning and Zoning Commission by Jeff Avery, for a zoning change from the AG-Agricultural zoning district to the R20- Single Family Residential zoning district on Tract 2A, Abstract 1692, in the Joseph White Survey, located at 816 Shelton Drive, Case ZC17-003 Strategic Plan There is no Strategic Plan connection for this item. Explanation Second Reading and Public Hearing There were four speakers in opposition to this request at the June 6, 2017 City Council Meeting. The speaker cards are attached as City Council Speaker Cards in Opposition - June 6, 2017. First Reading and Public Hearing Jeff Avery, the applicant, has submitted a request to rezone approximately 0.57 acres, located at 816 Shelton Drive, from the AG-Agricultural zoning district to the R-20 Single Family Residential zoning district. The applicant is seeking a zoning change in order to create one single family residential lot for future residential development. Existing Conditions/Background: The subject property is currently unplatted. The applicant has indicated the intent to construct a new single family home on the subject property and has submitted a minor plat application which is pending approval contingent on the rezoning request. Proposed Zoning Change: Request – The applicant is requesting a zoning change from the AG-Agricultural zoning district to the R-20 Single Family Residential zoning district to create one single family residential lot. Ordinance – Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the R-20 district regulations require the following standards: Minimum Lot Area: 20,000 square feet Minimum Lot Width: 100 feet City Council Agenda Briefing 6b City of Colleyville Page 2 Minimum Lot Depth: 125 feet Minimum Front Yard Setback: 30 feet Minimum Side Yard Setbacks: 10 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 30 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 20,792 square feet, or 0.48 net acres. This conceptual plan appears to meet the R-20 district’s minimum lot area of 20,000 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-20 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 zoning district and R-40 Single Family Residential zoning district, the subject property is more closely aligned with the R-20 district. The proposed conceptual zoning exhibit meets the minimum standards for the R-20 district, and the subject property is limited in developable area due to existing development on the adjacent properties. Surrounding Development: The properties to the north and west are zoned AG- Agricultural zoning district and developed with single family homes. The property to the east is zoned AG-Agricultural zoning district and is home to Pleasant Run Baptist Church. The properties to the south are zoned R-40 Single Family Residential zoning 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 net acre. The proposed density is 2.08 dwelling units per net acre. While the requested zoning change exceeds the net density policy of 1.8 dwelling units per acre, the lot is consistent with the general density policy stated in the Comprehensive Plan: “...each residential project shall have a minimum lot size of 20,000 square feet and no more than 2 dwelling units per gross acre.” Fees: Park Land Dedication fees are required 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 City Council Agenda Briefing 6b City of Colleyville Page 3 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 on Friday, April 21, 2017 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 on Saturday, April 22, 2017 as required by State law and the Land Development Code. At the May 8, 2017 Planning and Zoning Commission meeting two citizens spoke in opposition to this request. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended denial of this request at the May 8, 2017 meeting by a vote of 4-0. When the Planning and Zoning Commission makes a recommendation of denial, a favorable vote of three-fourths (3/4) of all members of the City Council is required for approval of the request. Staff Recommendation: Prior to the Planning and Zoning meeting, staff recommended approval of the proposed rezoning request based on: The proposed zoning change is generally consistent with the City’s comprehensive plan; Although the requested R-20 district is not the same as the surrounding AG- Agricultural and R-40 district designations, the R-20 district is a compatible zoning district for this property; The development of the adjacent properties limits the land area available for development; The applicant has submitted a minor plat which meets the requirements of the R- 20 district which solidifies the intent to create one lot for single family residential development. With a recommendation for denial from the Planning and Zoning Commission, staff has reevaluated the request with the intent to address the concerns expressed by the Planning and Zoning Commission. An option would be, if City Council so desires, to approve R-40 zoning district to be consistent with the surrounding areas with the understanding that the approval of the subsequent plat would include plat waiver requests for lot area and lot width. Any additional variances to setback or lot coverage regulations would need to be considered by the Zoning Board of Adjustment. City Council Agenda Briefing 6b City of Colleyville Page 4 Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Letter of Appeal 2.Aerial Map 3.Zoning Map 4.Future Land Use Map 5.Zoning Exhibit 6.Notification Map 7.Notification List 8.Property Owner Notification 9.Legal Notice 10.Speaker Cards - Opposition 11.City Council Speaker Cards in Opposition - June 6, 2017 12.Ordinance O-17-2013 1 Shane Pace From:Jeff Avery Sent:Wednesday, May 17, 2017 6:43 PM To:Shane Pace Cc:Roger W. Hart Subject:RE: May 8, 2017 Planning and Zoning Commission Agenda Mr. Pace, By this email, I am hereby claiming my rights to appeal the recent Planning and Zoning Commission action denying my Zoning Request for 816 Shelton Rd. Please provide details as to timing and the protocol for such an appeal. If you require more info from me at this time I will be pleased to provide what I can. I am requesting you acknowledge timely receipt of this request by return reply. Thank you for your assistance in this matter. Jeff Avery Avery Homes LLC 214‐212‐0558 From: Shane Pace Sent: Monday, May 8, 2017 11:28 AM To: Jeff Avery Subject: May 8, 2017 Planning and Zoning Commission Agenda Jeff, Please see the link below for the May 8, 2017 Planning and Zoning Commission Agenda: ftp://publicdocs.colleyville.com/Public/Agendas/05‐08‐ 2017%20Planning%20%20and%20Zoning%20Commission%20Agenda%20Packet.pdf **Using this link will allow viewing of the packet from any computer or mobile device (with web access, outside of the City of Colleyville connection), including an iPad or other Apple‐based device. The link is located on the PUBLIC MEETINGS page of the City’s website and is accessible to the public. If you have any issues accessing the agenda packet, please contact Shane Pace at 817‐503‐1056 or Araceli Botello at 817‐503‐1051 for assistance.** If you have any questions or concerns please don’t hesitate to contact me. Thank you. Shane 2 Shane Pace, AICP Principal Planner, Community Development 817.503.1056 Office Integrity ~Communication ~ Excellence ~ Transparency ATTENTION ALL PUBLIC OFFICIALS: A “Reply to All” of this e-mail could lead to violations of the Texas Open Meeting Act. Please reply only to the sender. P L E A S A N T R U N COOKS SHELTON W A L L E R 1100 6105 6001 6100 6114 801 805 800 809 804 6200 5916 6008 6208 5912 6013 6204 800 816 705 6114 6101 6112 6108 6104 6014 5908 905903901 907 708 6109 6105 6113 6115 808 1001 6117 704 6103 6005 6101 6001 5917 ZC17-003 816 SHELTON DRIVE Subject Property 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 PL E A S A N T R U N COOKS SHELTON WA L L E R AG AG R-40 AG R-40 R-20 R-40 R-20 R-40 R-30AG R-30 R-20 R-40 1100 6105 6001 6100 6114 801 805 800 809 804 6200 6208 5916 6008 5912 6204 6013 705 816 800 6114 6112 6108 6104 6014 6101 905903901 907 708 5908 1001 808 704 6005 6101 6113 6115 5917 6117 ZC17-003 816 SHELTON DRIVE Subject Property AG Agricultural R-20 Single Family Residential (20,000 sq. ft. min)R-30 Single Family Residential (30,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) I 1 inch = 167 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 P L E A S A N T R U N COOKS SHELTON W A L L E R 1100 6105 6001 6100 6114 801 805 800 809 804 6200 6208 5916 6008 5912 6204 6013 705 816 800 6114 6112 6108 6104 6014 6101 905903901 907 708 5908 1001 808 704 6103 6105 6005 6101 6113 6115 6001 5917 6117 ZC17-003 816 SHELTON DRIVE SUBJECT PROPERTY RESIDENTIALINSTITUTIONAL COLLEYVILLE BLVD CORRIDORI1 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 Zo n i n g E x h i b i t PL E A S A N T R U N SHELTON COOKS 1100 6105 6001 6100 6114 801 805 800 6208 705 809 804 6200 5916 6008 5912 6204 6013 816 704 800 6114 6112 6108 6104 6103 6014 905903901 907 708 6005 6101 6001 1001 5917 6101 5908 ZC17-003 816 SHELTON DRIVE Subject Property Properties within 200ft 200ft BufferI1 inch = 167 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 2ZQHU1DPH 2ZQHU$GGUHVV 2ZQHU&LW\ 2ZQHU=LS 6LWXV$GGUHVV &28/7(5021$&22. 3/($6$175815' &2//(<9,//(7; 3/($6$175815' &21*5(*$7,21%(7+,65$(/ 32%2; &2//(<9,//(7; 3/($6$175815' 3/($6$17581%$37,67&+85&+ 3/($6$175815' &2//(<9,//(7; 3/($6$175815' '$<-$0(6% 6+(/721'5 &2//(<9,//(7; 6+(/721'5 672:((//,(3 :0$81$/2$/1 68535,6($= 6+(/721'5 .(5/((7:</$ 6+(/721'5 &2//(<9,//(7; 6+(/721'5 %5$817+20$6 &28175</1 (8/(667; 6+(/721'5 *52660$1/,6$ 3/($6$175815' &2//(<9,//(7; 3/($6$175815' :$/.(5'211$ 6+(/721'5 &2//(<9,//(7; 6+(/721'5 723/$:1 /$1'6&$3(,1& 3/($6$175815' &2//(<9,//(7; 3/($6$175815' &58621*/(1$ 3/($6$175815' &2//(<9,//(7; 3/($6$175815' AVERY,JEFF 1314WORTHINGTONDRIVE GRAPEVINE,TX 76051 APPLICANT GRAPEVINEͲCOLLEYVILLEISD 3051IRAWOODSAVEEG R A P E V I N E ,TX 76051 STATELAWREQUIRED 3XEOLFKHDULQJQRWLFHVZHUHPDLOHG )ULGD\$SULOE\$UDFHOL%RWHOOR Notification List NOTICE OF PUBLIC HEARING Zoning Case Number: ZC17-003 Applicant: Jeff Avery Location: 816 Shelton Drive Property Description: Tract 2A, Abstract 1692, in the Joseph White Survey Present Zoning: AG – Agricultural District Request: Consideration of a zoning change from the AG- Agricultural zoning district to the R20-Single Family Residential zoning district The City of Colleyville has scheduled public hearings concerning the above referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, May 8, 2017 at 7:00 p.m. City Council Meeting: Tuesday, June 6, 2017 & Tuesday, June 20, 2017 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas This notice has been sent to all owners of real property within 200 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 200 feet. Approvalby the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approvalof a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas. For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Shane Pace Principal Planner space@colleyville.com Property Owner Notification April 21, 2017 SENT VIA EMAIL on Friday, April 21, 2017 Christine Lopez L e g a l N o t i c e s Fort Worth Star-Telegram 400 W. Seventh Street Fort Worth, TX 76102 Dear Christine: Please publish and furnish an affidavit (N.E. Section): Saturday, April 22, 2017 The City of Colleyville Planning and Zoning Commission gives notice of a Public Hearing on Monday, 5/8/17 at 7:00 p.m. at City Hall, 100 Main Street, Colleyville, Texas: Case ZC17-003 - Consideration of a zoning change from the AG- Agricultural zoning district to the R20-Single Family Residential zoning district on Tract 2A, Abstract 1692, in the Joseph White Survey, located at 816 Shelton Drive Case GC17-015 - Consideration for approval of amendments to the Land Development Code regarding a proposed requirement that newly installed utilities be underground; specifically Chapter 9 – Subdivision Design & Public Facilities, Section 9.17 Street Design Criteria, proposed Section 9.18 Easements, proposed Section 9.19 Private Utilities, and Chapter 14 – Engineering Design Standards, Section 14-175 Miscellaneous The City Council will hold a Public Hearing on the above items on 6/6/17 and 6/20/17 at 7:30 p.m. at City Hall, 100 Main Street, Colleyville, Texas. All interested citizens will be given the opportunity to speak and be heard. CITY OF COLLEYVILLE Araceli Botello Planning Technician Legal Notice ORDINANCE O-17-2013 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.57 ACRES, TRACT 2A, ABSTRACT 1692, IN THE JOSEPH WHITE SURVEY, LOCATED AT 816 SHELTON DRIVE, FROM THE AG- AGRICULTURAL DISTRICT TO THE R-20 SINGLE FAMILY RESIDENTIAL 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 ZC17-003; and WHEREAS,the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS,the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS,the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan 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-17-2013 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 0.57 acres, Tract 2A, Abstract 1692, in the Joseph White Survey, located at 816 Shelton Drive, from the AG-Agricultural district to the R-20 Single Family Residential 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-17-2013 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 6th day of June 2017. The second reading and public hearing being conducted on the 20th day of June 2017. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 20TH DAY OF JUNE 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____ Place 1, Tammy Nakamura Place 5, Nancy Coplen ____ Place 3, Kathy Wheat Place 6, Mike Taylor ____ Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven Richard Newton Assistant City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Whit Wyatt City Attorney Exhibit “A”- Zoning Map R40 Exhibit “B”- Metes & Bounds Description Legal Description Description for a tract of land in the Joseph White Survey, Abstract Number 1692, City of Colleyville, Tarrant County, Texas, and being described by metes and bounds as follows: Beginning at an iron pin found for the southwest corner of Lot 1, Block 1, Grossman Addition, according to the plat recorded in Instrument No. D214183221, Real Property Records, Tarrant County, Texas; Thence EAST a distance of 210.09 feet to an iron pin found in the west line of Pleasant Run Road; Thence S 00°00'06" E a distance of 117.39 feet to an iron pin found at the intersection of the west line of Pleasant Run Road with the north line of Shelton Drive; Thence N 89°57'23" W a distance of 210.10 feet along the north line of Shelton Drive to an iron pin found; Thence N 00°00'06" E a distance of 117.23 feet to the Point of beginning, said described tract containing 0.6 of an acre of land. 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 7a Agenda Date 06/20/2017 Number Resolution R-17-4146 Type Resolution Department City Manager Title Consideration of a resolution requesting the Texas Legislature to transfer gas utility ratemaking authority from the Texas Railroad Commission to the Texas Public Utility Commission Strategic Plan 2.1 Provide responsive, efficient city services Explanation Reading and Public Hearing The attached resolution has been prepared at the request of Councilmember Dodson. Gas utility ratemaking authority is currently held by the Texas Railroad Commission. The proposed resolution requests that the Texas Legislature transfer this authority over gas rates to the Texas Public Utility Commission (PUC), which is better equipped and better suited to handle such ratemaking. The PUC is responsible for regulating electricity rates in Texas. Texas is currently the only state that divides responsibilities for gas and electricity rate regulation between two agencies. Further, most Texans are not aware of the connection between what they pay for home gas service and the Railroad Commission, causing widespread confusion that has allowed the agency to operate with less accountability to ratepayers. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Resolution R-17-4146 RESOLUTION R-17-4146 A RESOLUTION REQUESTING THE TEXAS LEGISLATURE TO TRANSFER GAS UTILITY RATEMAKING AUTHORITY FROM THE TEXAS RAILROAD COMMISSION TO THE TEXAS PUBLIC UTILITY COMMISSION WHEREAS, of all the activities of the Texas Railroad Commission, none impacts so many Texans on a daily basis as its regulation of gas utility rates; and WHEREAS,most Texans are not aware of the connection between what they pay for home gas service and the Railroad Commission, causing widespread confusion that has allowed the agency to operate with less accountability to ratepayers; and WHEREAS, the current Railroad Commission process for establishing annual rate changes involves the gas utility proposing a rate increase and intervenors are not allowed to use Public Utility Commission (PUC) methods to challenge the proposed rate increase; and WHEREAS, the substantive issues associated with setting electric utility rates and gas utility rates are nearly identical; and WHEREAS, no other state divides responsibilities for gas and electricity rate regulation between two agencies; and WHEREAS, the Railroad Commission has relatively limited resources that it can devote to the protection of ratepayers in rate cases; and WHEREAS, the potential for conflicts of interest exist for the agency’s three elected Commissioners in that the Commissioners exercise regulatory responsibility over industries that also contribute significant amounts to their election campaigns, whereas such a direct conflict does not exist for Public Utility Commission Commissioners; and WHEREAS, no mandate exists in the Texas Constitution assigning to the Texas Railroad Commission its responsibility for setting gas rates and the Texas Legislature can transfer gas utility ratemaking authority to the PUC through a simple statutory change. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Resolution R-17-4146 Page 2 of 2 Sec. 1. THAT the Colleyville City Council hereby requests the Texas Legislature to immediately transfer the responsibility for regulation of gas rates from the Railroad Commission to the Public Utility Commission. Sec. 2. THAT the hearings division at the Railroad Commission be transferred to the State Office of Administrative Hearings. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 20 TH DAY OF JUNE 2017. Mayor Richard Newton Mayor Pro Tem Bobby Place 1, Tammy Nakamura Lindamood Place 3, Kathy Wheat Place 5, Nancy Coplen Place 4, George Dodson Place 6, Mike Taylor ATTEST:CITY OF COLLEYVILLE Richard NewtonChristine Loven Assistant 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 8a Agenda Date 06/20/2017 Number Type Report Department Finance Title Monthly Financial Report - May 2017 Explanation General Fund Ad Valorem Taxes Taxes of $13,386,162 were collected, including penalty and interest, versus $12,783,048 as of May 31, 2016 (4.72% increase). Collection rate: 98.12%; Percent Budget Collected: 100.32% Franchise Revenue Franchise fee revenue is currently 4.49% below last year’s collections. The revenue collected from electric utility sources is $14,467 below budget, although 98.56% of this year’s budget has been collected. Annual collections from Atmos Gas were 95.59% of budget. Verizon/Others continue to outpace last year by almost 43.67% ($17,353). Cable TV continues to lag down 10.10% compared to the prior year. Refuse/Recycling is down 3.08% from the prior year. Sales & Beverage Taxes Total Sales Taxes and Mixed Beverage Tax, increased 3.91% ($73,767) compared to the prior year. Year to Date sales tax revenues increased 3.71% ($67,012) over the same period last year. City Council Agenda Briefing 8a City of Colleyville Page 2 The year to date mixed beverage tax is above the amount received for the same period last fiscal year by 8.54% ($6,755). Licenses & Permits The total Licenses & Permits revenue is 23.23% below the same period last fiscal year. Revenue from permits this year is down due to the abnormally high building activity last year. 74.47% of the Revenue for the year has been collected after eight months, with an increase in the annual budget from the prior year. Fines Court and library fines, and alarm fee revenue was $566,155 and is about 2.56% below last year’s revenue. Charges for Services The overall category increased over last year by 13.33% or $80,193 after trailing each month until April. Ambulance revenue is 21.79% ($54,671) below last fiscal year. Recreation programs revenue is 29.77% ($32,996) above last fiscal year. Engineering, Inspection and Testing is up 1,025% ($69,767) over the prior year. Colleyville Center Rental revenue is higher than last year by 16.28% or $21,910. Expenditures The average amount expended by the General Fund departments as of May 31, 2017 is 66.42% of the total budget. UTILITY FUND YTD Water Revenue:$389,764 more than the prior year YTD Water Usage:87.58 million gallons more than the prior year Current month Water Usage:72.06 million gallons more than the prior year YTD Sewer Revenue:$113,084 or 4.65% more than the prior year Overall Utility Revenue:$495,934 or 5.90% more than the prior year Overall Revenue Collected:57.20% of budget collected The average amount expended by the Utility Fund departments' operating budget as of May 31, 2017 was 91.12% of the total appropriations with 66.67% of the year completed. FY 2017 Budget:$13,343,370 FY 2017 Budget:$2,115,000 FY 2017 Budget:$3,665,000 % Change FY/FY:4.72%% Change FY/FY:-4.49%% Change FY/FY:3.91% FY 2017 Budget:$931,500 FY 2017 Budget:$874,420 FY 2017 Budget:$900,300 % Change FY/FY:-23.23%% Change FY/FY:-2.56%% Change FY/FY:13.33% 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 : M a y 2 0 1 7 Ge n e r a l F u n d R e v e n u e s - Based on 2016 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 - Also includes mixed beverage tax - 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 $5,000,000 $10,000,000 $15,000,000 FY 2017 YTD FY 2016 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 FY 2017 YTD FY 2016 YTD $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 FY 2017 YTD FY 2016 YTD $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 FY 2017 YTD FY 2016 YTD $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 FY 2017 YTD FY 2016 YTD $560,000 $580,000 $600,000 $620,000 $640,000 $660,000 $680,000 $700,000 FY 2017 YTD FY 2016 YTD FY 2017 Budget:$9,669,103 FY 2017 Budget:$3,225,948 FY 2017 Budget:$1,026,458 % Expended:66.2%% Expended:62.9%% Expended:61.6% % Remaining:33.8%% Remaining:37.1%% Remaining:38.4% FY 2017 Budget:$3,290,676 FY 2017 Budget:$2,783,978 FY 2017 Budget:$908,598 % Expended:58.2%% Expended:55.3%% Expended:60.3% % Remaining:41.8%% Remaining:44.7%% Remaining:39.7% NonDept-Insurance,Gas,Elect,Tower Colleyville Center Public Safety Public Works Development Operational Support Community Assets & Programs Technology Fleet, Capital Equipment Engineering, Streets, Facilities Building Inspection Economic Development Mo n t h l y F i n a n c i a l R e p o r t : M a y 2 0 1 7 Ge n e r a l F u n d E x p e n d i t u r e s Police, Fire, Courts Communications, HR, Council Parks, Recreation, Library Information Technology Finance, Legal, City Secretary 66.2% 33.8% % Expended:% Remaining: 62.9% 37.1% % Expended:% Remaining: 61.6% 38.4% % Expended:% Remaining: 58.2% 41.8% % Expended:% Remaining: 55.3% 44.7% % Expended:% Remaining: 60.3% 39.7% % Expended:% Remaining: % Change FY/FY:6.81%% Change FY/FY:4.65%% Change FY/FY:7.55% FY 2017 Budget:$15,511,920 % Expended:47.4%FY 2017 YTD:9,927 % Remaining:52.6%FY 2016 YTD:9,782 Rainfall totals (in inches): Oct 16-May 17 17.69 Oct 15-May 16 40.27 % Change FY/FY:1.48% Mo n t h l y F i n a n c i a l R e p o r t : M a y 2 0 1 7 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 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 FY 2017 YTD FY 2016 YTD 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 FY 2017 YTD FY 2016 YTD 0 300,000,000 600,000,000 900,000,000 1,200,000,000 1,500,000,000 FY 2017 YTD FY 2016 YTD 47.4% 52.6% % Expended:% Remaining: 0 2,000 4,000 6,000 8,000 10,000 12,000 FY 2017 YTD FY 2016 YTD MONTHLY FINANCIAL REPORT - MAY 2017 GENERAL FUND RECEIVED RECEIVED FY 2017 YTD PERCENT PERCENT OF FY 2016 YTD PERCENT FY 2017 AS OF OF BUDGET FISCAL YEAR AS OF CHANGE OVER REVENUE SOURCE BUDGET 5/31/2017 RECEIVED COMPLETE 5/31/2016 PRIOR YEAR Current Taxes $13,258,370 $13,330,569 100.54%66.67%$12,730,346 4.71% Delinquent Taxes 30,000 12,684 42.28%66.67%20,513 -38.16% Penalty & Interest 55,000 42,908 78.02%66.67%32,189 33.30% TOTAL AD VALOREM TAXES $13,343,370 $13,386,162 100.32%66.67%$12,783,048 4.72% Oncor Electric $900,000 $889,222 98.80%66.67%$903,933 -1.63% Tri-County Electric 105,000 101,311 96.49%66.67%112,116 -9.64% Atmos Gas 350,000 334,570 95.59%66.67%368,202 -9.13% AT&T 70,000 46,931 67.04%66.67%50,497 -7.06% Verizon/Others 60,000 57,090 95.15%66.67%39,737 43.67% Refuse/Recycling 155,000 109,822 70.85%66.67%113,312 -3.08% Cable TV 475,000 361,345 76.07%66.67%401,930 -10.10% TOTAL FRANCHISE TAXES $2,115,000 $1,900,289 89.85%66.67%$1,989,727 -4.49% Sales Tax $3,575,000 $1,873,553 52.41%66.67%$1,806,541 3.71% Mixed Beverage Tax 90,000 85,887 95.43%66.67%79,132 8.54% TOTAL SALES TAXES $3,665,000 $1,959,440 53.46%66.67%$1,885,673 3.91% Building $600,000 $433,201 72.20%66.67%$563,911 -23.18% Plumbing 55,000 39,295 71.45%66.67%52,600 -25.29% Mechanical 35,000 29,477 84.22%66.67%41,947 -29.73% Electrical 45,000 38,229 84.95%66.67%51,846 -26.26% City License 35,000 40,000 114.29%66.67%43,449 -7.94% Building Plan Review Fee 110,000 63,464 57.69%66.67%92,267 -31.22% New Business 3,500 4,910 140.29%66.67%4,311 13.89% Sign Permit 7,000 6,635 94.79%66.67%7,840 -15.37% Fence Permit 10,000 13,025 130.25%66.67%12,725 2.36% Fire Permits 16,000 8,240 51.50%66.67%16,205 -49.15% Irrigation Permit 15,000 17,181 114.54%66.67%16,317 5.30% TOTAL LICENSES & PERMITS $931,500 $693,656 74.47%66.67%$903,493 -23.23% Fines $800,000 $521,121 65.14%66.67%$532,201 -2.08% Alarm Fees 53,000 32,597 61.50%66.67%35,199 -7.39% Library Fines 21,420 12,436 58.06%66.67%13,651 -8.90% TOTAL FINES $874,420 $566,155 64.75%66.67%$581,050 -2.56% MONTHLY FINANCIAL REPORT - MAY 2017 RECEIVED PERCENT PERCENT OF RECEIVED PERCENT REVENUE SOURCE FY 2017 AS OF OF BUDGET FISCAL YEAR AS OF CHANGE OVER BUDGET 5/31/2017 RECEIVED COMPLETE 5/31/2016 PRIOR YEAR Re-zoning $10,000 $6,410 64.10%66.67%$5,220 22.79% Plat Fee/Site Plan/Landscaping Plan Fee 8,200 6,873 83.81%66.67%5,368 28.04% Board of Adjustment 2,000 2,500 125.00%66.67%1,650 51.52% Sale of Material 100 21 21.00%66.67%413 -94.92% Weed Mowing 6,500 13,538 208.28%66.67%5,264 157.17% Ambulance 320,000 196,175 61.30%66.67%250,846 -21.79% Recreation Program 165,000 143,840 87.18%66.67%110,844 29.77% Non-Resident Fee Parks 39,000 44,240 113.44%66.67%43,800 1.00% Field Use Charge 21,500 22,585 105.05%66.67%21,510 5.00% Engineering & Inspection 62,500 59,800 95.68%66.67%399 100.00% Material Testing 12,500 16,774 134.19%66.67%6,408 100.00% Colleyville Center Rental 240,000 156,525 65.22%66.67%134,615 16.28% Lot Drainage Insp Fee 13,000 12,500 96.15%66.67%15,250 -18.03% TOTAL CHARGES FOR SERVICE $900,300 $681,781 75.73%66.67%$601,588 13.33% SRO Officer Reimb $98,996 $0 0.00%66.67%$94,282 -100.00% Keller Court 227,697 119,734 52.58%66.67%123,845 -3.32% TOTAL INTERGOVERNMENTAL $326,693 $119,734 36.65%66.67%$218,127 -45.11% Sale of Surplus Property $5,000 $0 0.00%66.67%$23,339 -100.00% Interest Income 25,000 37,114 148.46%66.67%16,262 128.22% Miscellaneous 55,000 57,787 105.07%66.67%66,924 -13.65% Use of Available Cash 1,000,000 0 0.00%66.67%0 0.00% Antenna Lease 90,000 78,779 87.53%66.67%73,677 6.92% TOTAL MISCELLANEOUS $1,175,000 $173,680 14.78%66.67%$180,202 -3.62% TOTAL GENERAL FUND REVENUES $23,331,283 $19,480,898 83.50%66.67%$19,142,907 1.77% MONTHLY FINANCIAL REPORT - MAY 2017 TOTAL PERCENT FY 2017 THROUGH THROUGH INCREASE INCREASE BUDGET 5/31/2017 5/31/2016 (DECREASE)(DECREASE) % OF CURRENT TAX ROLL COLLECTED 99.0%98.12%98.50%-0.38%-0.39% RESIDENTIAL BLDG PERMITS 160 97 114 (17)-14.91% COMMERCIAL BLDG PERMITS 8 1 5 (4)-80.00% CITATIONS ISSUED 11,000 5,064 5,624 (560)-9.96% GENERAL FUND EXPENSES EXPENDED PERCENT PERCENT OF FY 2017 THROUGH OF BUDGET FISCAL YEAR BUDGET BUDGET 5/31/2017 EXPENDED COMPLETE REMAINING City Council $174,289 $159,593 91.57%66.67%$14,696 City Manager 624,048 373,109 59.79%66.67%250,939 City Secretary 224,481 141,685 63.12%66.67%82,796 Finance 529,806 351,723 66.39%66.67%178,083 Legal 200,000 96,622 48.31%66.67%103,378 Engineering 458,973 228,156 49.71%66.67%230,817 Economic Development 199,828 118,389 59.25%66.67%81,439 Building Inspection 407,041 270,944 66.56%66.67%136,097 Community Development 419,589 242,561 57.81%66.67%177,028 Fire 4,546,827 3,022,852 66.48%66.67%1,523,975 Police 4,702,861 3,140,376 66.78%66.67%1,562,485 Parks 1,286,061 672,703 52.31%66.67%613,358 Recreation 387,316 210,464 54.34%66.67%176,852 Street Maintenance 4,025,593 3,352,402 83.28%66.67%673,191 Library 724,703 414,264 57.16%66.67%310,440 Communications 59,281 25,311 42.70%66.67%33,970 Colleyville Center 385,898 243,353 63.06%66.67%142,545 Human Resources 320,339 193,975 60.55%66.67%126,364 Municipal Court 419,415 241,075 57.48%66.67%178,340 Fleet Services 237,505 144,261 60.74%66.67%93,244 Facility Services 526,877 327,346 62.13%66.67%199,531 Information Services 908,598 547,653 60.27%66.67%360,945 Non Departmental 953,559 574,069 60.20%66.67%379,490 Capital Equipment Reserve 402,000 402,000 100.00%66.67%0 Compensation Adjustment 204,873 0 0.00%66.67%204,873 TOTAL EXPENSES $23,329,761 $15,494,886 66.42%66.67%$7,834,875 MONTHLY FINANCIAL REPORT - MAY 2017 UTILITY FUND RECEIVED PERCENT PERCENT OF RECEIVED PERCENT FY 2017 AS OF OF BUDGET FISCAL YEAR AS OF CHANGE OVER REVENUE SOURCE BUDGET 5/31/2017 RECEIVED COMPLETE 5/31/2016 PRIOR YEAR Water Sales $10,869,131 $6,111,202 56.23%66.67%$5,721,438 6.81% Sewer Sales 3,650,000 2,544,704 69.72%66.67%2,431,620 4.65% Sewer Installation 15,000 9,900 66.00%66.67%11,800 -16.10% Water Installation 42,000 24,410 58.12%66.67%35,980 -32.16% Engineering Charges 5,000 24,071 481.41%66.67%37 0.00% Penalties 237,000 148,770 62.77%66.67%181,495 -18.03% Sale of Material 0 3,137 100.00%66.67%0 100.00% Miscellaneous 13,000 29,908 230.06%66.67%17,797 68.05% TOTAL OPERATING INCOME $14,831,131 $8,896,102 59.98%66.67%$8,400,168 5.90% Interest Income $25,000 $31,008 124.03%66.67%$19,931 55.58% Use of Available Cash 750,000 0 0.00%66.67%0 0.00% TOTAL NON-OPERATING INCOME $775,000 $31,008 4.00%66.67%$19,931 55.58% TOTAL INCOME $15,606,131 $8,927,110 57.20%66.67%$8,420,099 6.02% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 5/31/2017 5/31/2016 (DECREASE)(DECREASE) GALLONS OF WATER SOLD 1,247,180,000 1,159,596,800 87,583,200 7.55% NUMBER OF WATER CUSTOMERS 9,927 9,782 145 1.48% UTILITY FUND EXPENSES EXPENDED PERCENT PERCENT OF FY 2017 THROUGH OF BUDGET FISCAL YEAR BUDGET BUDGET 5/31/2017 EXPENDED COMPLETE REMAINING Billing $426,102 $240,933 56.54%66.67%$185,169 Operations 13,095,348 5,772,361 44.08%66.67%7,322,987 Utility Support 1,237,273 668,309 54.01%66.67%568,964 Non-Departmental 320,803 6,971,584 2173.17%66.67%(6,650,781) Debt Service 359,900 356,475 99.05%66.67%3,425 Compensation Adjustment 28,208 0 0.00%66.67%28,208 Transfers 44,286 125,386 283.13%66.67%(81,100) TOTAL EXPENSES $15,511,920 $14,135,047 91.12%66.67%$1,376,873 Note: Non-Departmental includes transfers of $6,908,875.93 for Fund 039 (Utility Capital). Operating expenditures were $7,353,577.46 excluding transfers, with 47.41% expended to date. Budgeted transfers of $44,286 for an internal loan for vactor truck, and $81,100 for capital projects. Monthly Financial Report City Council Meeting June 20, 2017 Agenda Item 8a •Charter requirement, per Section 9.06 (B) “The City Manager shall submit to the City Council at its second formal meeting each month the financial condition of the City by budget items, budget estimates versus accruals for the preceding month and for the fiscal year to date. Such records are to be made public by the City Council during open meeting.” •The purpose of this presentation is to: •Review the Monthly Financial Report included in the agenda packet, •Provide comments and explanation on the different components, and •Highlight items of significance. Purpose & Background •Budget (expenditure) amounts are what is authorized by the City Council •The Monthly Financial Report compares actual activity vs. budget •Reflective of cash transactions •Are revenues coming in as expected, to be able to fund the amount of expenditures in the adopted budget? •Are expenditures trending as expected? •The Monthly Financial Report provides the most helpful information to understand the City’s financial position, similar to an income statement in the private sector. •In governmental accounting, there is less focus on the balance sheet, which is prepared annually to record changes in position based on the activity that year and also reflects increases/decreases due to things like developer contributions or depreciation (that are not cash transactions like those revenues and expenditures shown from a budgetary basis). Measurement Basis General Fund Revenues for May General Fund Expenditures for May Utility Fund Review 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 06/20/2017 Type Presentation Department City Manager Title Update on the SH26 Project Explanation State Highway 26 Project Coordinator James Hubbard, will provide an update on the SH26 Project including recent activity, anticipated activity, and outreach efforts. Attachments 1.SH26 Presentation State Highway 26 Project Quarterly Update Q2 - 2017 Q2 Progress •All temporary traffic signals installed •Phase 1 – Step 1 traffic shifts completed at: •Brown Trail, Centerpark Drive, Glade Road, Church Street, Hall-Johnson Road •Installation of storm pipe and inlets •Closure of Main Street for reconstruction •Milling of southbound lanes •Excavation and grading of southbound lanes •Bridge piers, columns, and bent caps Q3 Activity •Continuance of Phase 1 construction •Traffic shifts at Tennison Parkway and Tuscany Drive •Bridge beams expected week of June 26 •Stabilization and asphalt in the construction zone •Steel and concrete paving of southbound lanes •Reconstruction of Main Street at SH26 •Box culvert at Pleasant Run Creek Outreach – as of 6.15.17 SH26Project.com 15 Updates 1321 Page Views 1055 Unique Page Views Text Alerts 9 Messages Sent 82 New Subscribers 499 Total Subscribers Email Alerts 9 Emails Sent 34 New Subscribers 274 Total Subscribers Outreach Meetings 3 HOA 4 Club/Organization/Event 3 Business Meetings 270 Approx. Attendees Site/Business Visits 40+ Site Visits Business Support Cash Mobs Featured Business of the Month Business Meetings Notable Items •Signal timing •Construction phasing •Next Business Meeting •Thursday, September 7 •Colleyville Center •9:00 a.m. Stay Informed James Hubbard State Highway 26 Project Coordinator jhubbard@colleyville.com 817.503.1114 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Date 06/20/2017 Number Agenda Number 10 Type Report Department City Secretary Title Planning and Zoning Commission Minutes - May 8, 2017 Attachments 1.Planning and Zoning Commission Minutes - May 8, 2017 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, May 8, 2017 City Council Chambers CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission meeting was called to order by Chairman Dodson on May 8, 2017, at 7:05 p.m. Roll Call Present: Commissioners Susan Mathisen, Sam van Bever, George Dodson, John Frazier, and Jason Elms Absent: Commissioners Veronica Baughman and Charles Kelley Staff Present: Ben Bryner, Shane Pace, Fire Chief Brian Riley, Oscar Chavez, Taylor Schauwecker, Eddie Tangadunrat, Robert McKeown, Araceli Botello, and Assistant City Attorney Evan Fisher 1.APPROVAL OF MINUTES Commissioner Mathisen made a motion to approve the April 10, 2017 minutes as corrected. Commissioner Frazier seconded. The motion to approve carried by the following vote: Aye: 5 – Mathisen, van Bever, Dodson, Frazier, and Elms Absent: 2 – Baughman and Kelley 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3.PUBLIC HEARING AGENDA ITEMS 3a Consideration of a zoning change from AG–Agricultural zoning district to the R-20-Single Family Residential zoning district on Tract 2A, Abstract 1692, in the Joseph White Survey, located at 816 Shelton Drive, Case ZC17-003 Planning and Zoning Commission Minutes May 8, 2017 City of Colleyville Page 2 Commissioner Elms recused himself from the meeting. Shane Pace presented the case and briefed the Commission. Commissioner Mathisen questioned staff regarding the zoning compatibility of the subject property. Staff responded that in land area, size, and shape, the subject property falls within the required parameter of the R-20 zoning district. Staff added the Agricultural zoning district requires of minimum of three acres, a larger lot width, and depth, and the subject property is significantly smaller for these requirements. Chairman Dodson questioned staff regarding the subject property being grandfathered. Staff responded stating to potentially establish lot of record status, a deed record prior to May of 1978 describing the exact current property boundaries, would have to be provided. Staff added a lot of record has not been provided to date. Commissioner Frazier questioned staff regarding building on the subject property under the current zoning. Staff responded the subject property cannot be built on without providing some documentation such as lot of record. Commissioner Frazier questioned staff regarding building on the subject property would be permitted through providing the lot of record or approval by the Commission for the R-20 zoning district request. Staff confirmed. Commissioner Mathisen questioned staff regarding the building requirements for the Agricultural and R-20 zoning districts. Staff responded the Agricultural zoning district allows for a maximum of 20 percent lot coverage and the R-20 district allows for a maximum of 30 percent coverage. Staff added there is a 4,000 to 6,000 square foot difference on the subject property’s lot coverage in the Agricultural and R-20 zoning district. Commissioner Frazier questioned staff regarding the building side yard setbacks for Agricultural and R-20 zoning district. Staff responded the R-20 zoning district requires 10 feet and the Agricultural zoning district requires 25 feet. Commissioner Frazier made a notation on the plat exhibit showing the subject property’s 30 feet front and side yard setbacks. Staff responded that the subject property is a corner lot and a 30 foot setback is required for the side and front yard setback on an R-20 zoning district. Discussion continued regarding the Agricultural and R-20 zoning district’s requirements. Commissioner Frazier questioned staff regarding the letter submitted by the property owner on 1614 Pleasant Run Road. Staff responded the letter addresses the property at 1614 Pleasant Run Road which was zoned Agricultural and requested a zoning change to the R-20 zoning district in 2014. Staff noted the property’s gross area was 19,000 square feet. Staff Planning and Zoning Commission Minutes May 8, 2017 City of Colleyville Page 3 added that through lot of record, the property was granted to remain as Agricultural by the Planning and Zoning Commission, with waivers for lot width and depth, waivers for 10 foot side setbacks, and 25 foot rear setback, and held to 20 percent maximum lot coverage. The applicant, Jeff Avery, 1314 Worthington Street, Grapevine, came forward and briefed the Commission. Commissioner Frazier questioned the applicant regarding designing the home on the subject property. Applicant responded he has not designed a home to build on the property yet, but it will be a one of kind custom home. Chairman Dodson questioned applicant regarding selling the lot. Applicant responded he is representing the Estate in the zoning case, but has made an offer to buy the property. Commissioner Frazier questioned the applicant regarding when the lots were conjoined. Applicant responded that he did not have the information with him, he would have to look for the information. Surveyor Roger Hart, 6080 South Hulen, Fort Worth, came forward and briefed the Commission. The surveyor responded that the properties were part of an Estate split by the Stowe family many years ago and the properties were split by meets and bounds. The public hearing was opened at 7:26 p.m. James Day, 805 Shelton Drive, came forward and spoke in opposition to the case. Mr. Day addressed concerns regarding the front facing of the home, setback, and the consistency of the neighborhood zoning. Donna Walker, 804 Shelton Drive, came forward and spoke in opposition to the case. Ms. Walker addressed concerns regarding the setbacks and the zoning of the property. There being no others present wishing to speak, the public hearing was closed at 7:31 p.m. Commissioner van Bever questioned staff regarding the Comprehensive Plan and fit for the area. Staff responded that the Comprehensive Plan speaks to the Future Land Use Map by designating Residential and Commercial Use. Staff added that the subject property is designated as Residential Use and is not changing to commercial, but remaining as is. Commissioner Mathisen opened discussion regarding retaining the character of the neighborhoods as addressed in the Comprehensive Plan. Planning and Zoning Commission Minutes May 8, 2017 City of Colleyville Page 4 Commissioner Frazier made a motion to deny Case ZC17-003. Commissioner Mathisen seconded. The motion to deny carried by the following vote: Aye: 4 – Mathisen, van Bever, Dodson, and Frazier Absent: 2 – Baughman and Kelley 3B Consideration for approval of amendments to the Land Development Code regarding a proposed requirement that newly installed utilities be underground; specifically Chapter 9 – Subdivision Design & Public Facilities, Section 9.17 Street Design Criteria, proposed Section 9.18 Easement, proposed Section 9.19 Private Utilities, and Chapter 14 – Engineering Design Standards, Section 14-175 Miscellaneous, and Case GC17-015 Commissioner Elms rejoined the meeting. Ben Bryner presented the case and briefed the Commission. Commissioner Frazier requested staff go over the amendments proposed by the Commission for the underground utilities proposal. Staff noted the following amendments to the underground utility proposal as requested by the Commission: The installations be placed along the rear of the property or screening for the utility boxes for visibility purposes. Use or inclusion of fiber in the list of utilities Temporary utility poles permitted for new development and during construction, but removed before final acceptance of the public utilities and streets or final improvements. Commissioner Mathisen questioned staff regarding the time frame for temporary utility poles. Staff responded that temporary utility poles will have to be removed before Public Works accepts improvements. Inclusion of definitions regarding different levels of lines, such as distribution, feeder, and transmission to be included in the ordinance. Commissioner Elms made a notation to Item 7 (Section 9.19 Private Utilities) “All borings will be required to be completed by methods as Planning and Zoning Commission Minutes May 8 2017 City of Colleyville Page 5 approved by the city”, replace the word “borings” with the words “perpendicular crossings”. The public hearing was opened at 7:45 p.m. There being no one present wishing to speak, the public hearing was closed at 7:45 p.m. Commissioner Mathisen made a motion to table Case GC17-015 to the June 12, 2017 Planning and Zoning Commission Meeting. Chairman Dodson seconded. The motion carried by the following vote: Aye: 5 – Mathisen, van Bever, Dodson, Frazier, and Elms Absent: 2 – Baughman and Kelley 6.ADJOURMENT The meeting adjourned at 7:47 p.m. The minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on June 12, 2017 by a vote of 5-0. RESOLUTION R-17-4147 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF JUNE 20, 2017 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 20 TH DAY OF JUNE 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Nancy Coplen Place 6, Mike Taylor ATTEST:CITY OF COLLEYVILLE Richard NewtonChristine Loven Assistant City Secretary Mayor