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City Council-Agenda Packets-6/17/2008
;,~} tv City of Colleyville 100 Main Street ~~r~y. ~ Colleyville, Texas 76034 °"` t Agenda 817.503.1000 ,: ; www. colleyville.com City Council Tuesday, June 17, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the process for filling an unexpired term on the Parks and Recreation Advisory Board PC-2 Presentation of the Monthly Financial Report -May 2008 PC-3 Discussion of the Street Capital Improvement Plan (CIP) PC-4 Discussion of the June 17, 2008, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Raman Chandler v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 6/13/2008 City Council Agenda June 17, 2008 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Dr. David Parmer, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-2976 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2977 4a Approval of the minutes of the regular City Council meeting of June 3, 2008 4b Approval of a bid award for the Fiscal Year 2008 (FY 2008) annual purchase of water meters to Texas Water Products, in the amount of $50,123.00, and authorize the City Manager to execute the contract 4c Approval of a construction contract with Access Paving, Inc., for the 2008 Sidewalk Improvements, in an amount not to exceed $63,019.00, and authorize the City Manager to execute the contract 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1683 Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1684 Approval of an amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding vehicle sign set back from street right-of-way, Case G-08-024 City of Colleyville Page 2 Printed on 6/13/2008 City Council Agenda June 17, 2008 6b 0-08-1685 Approval of an amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding Real Estate Open House Sign Regulations, Case G-08-022 6c 0-08-1686 Adopting the annual budget for Fiscal Year 2009 (FY2009) of the Colleyville Crime Control and Prevention District (CCCPD) 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-2978 Consideration of appointments to the Colleyville Economic Development Corporation (CEDC) Board 7b R-08-2979 Approval of changing the dates of regular City Council meetings in November 2008 and March 2009 7c R-08-2980 Approval to amend and replace Resolution R-07-2859, adopting Rules of Procedure for City Council meetings pursuant to the authority granted in Section 3.09B of the City Charter and establishing an effective date 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Library Board Minutes -April 14, 2008 Zoning Board of Adjustment Minutes -April 29, 2008 Library Board Minutes -May 12, 2008 Planning and Zoning Commission Minutes -May 12, 2008 Colleyville Trails and Sidewalks Committee Minutes -May 13, 2008 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 17, 2008 - Reading and Public Hearing -Resolution R-08-2981 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, June 13, 2008, by 5:00 p.m. City of Colleyville Page 3 Printed on 6/13/2008 City Council Agenda June 17. 2008 Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 6/13/2008 Cynthia ~ngleton, TRMC, CMC City Secretary ~_~_~ ~~'-~ City Hall F ~ City of Colleyville 100 Main Street ~} Colleyville, Texas 76034 r~~°~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 06/17/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-1 Final Action: Secretary File Name: Discussion of the process for filling an unexpired term on the Parks and Recreation Advisory Board Attachments: Peter Coyne resignation letter dated June 9, 2008.pdf Parks and Recreation Advisory Board Roster.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/17/2008 City Council Title Discussion of the process for filling an unexpired term on the Parks and Recreation Advisory Board Explanation On June 9, 2008, Mr. Peter Coyne, whose term expires December 2009, resigned from the Parks and Recreation Advisory Board. In accordance with the City Council Rules of Procedure, Section VII, Procedures for City Council Appointments, Section 7.2; In the event of a vacancy other than an expiring term, the City Council may fill the position by a majority vote of the City Council without advertising. The appointee shall serve the unexpired term. City Council may want to consider the following options for filling the unexpired term: • Fill the open position at the July 1, 2008 City Council meeting without advertising • Advertise the position for thirty days and consider the appointment at the August 5, 2008 City Council meeting • Advertise the position with those whose terms are expiring in September 2008 and consider the appointment during the September 16, 2008 City Council meeting. City of Colleyville Page 1 Printed on 011/2008 June 9, 2008 Ms. Monica Walsh Director - Colleyville Parks and Recreation 5109 Bransford Road Colleyville, Texas 76034 Dear Monica, I write to resign from my position on the ColleyviIle Farks and Recreation Advisory Board as I have accepted a new professional position that requires my family and me to relocate from Colleyville to New York. I have really enjoyed working with you and the other members of the board and wish you and the board the best of luck. As we discussed, I will attend meetings until my replacement has been named when travel permits. My new contact information is listed below: pco~(a,sawmi licapital. com 914.741.9097 office 914.602.7925 cell Please let me know if I can be helpful in any other ways during this transitional period. B Regards, r~~ . Peter Coyne Parks and Recreation Advisory Board Meets First Monday of the Month at 6:00 p.m. at the Park Annex PLACE 1 Joe Ben Hassell 6201 Highland Hills Lane Colleyville, TX 76034 W :817.571.6580 H: 817.251.0426 F: 817.399.0040 jbhassell(c~comcast.net TERM: December 2006 - 2008 PLACE 4 Deena Dendy 4906 Cranbrook Drive East Colleyville, TX 76034 H: 817.545.2176 dedendy(cr~.tx.rr.com TERM: December 2007 - 2009 PLACE 7 Steve Dalri 1314 Hardage Lane Colleyville, TX 76034 W: 817.849.1882 H: 817.481.8782 F: 817.427.9894 sdalri67@hotmail.com TERM: December 2006 - 2008 COUNCIL LIAISON Tony Licata 5600 Creekside Court Colleyville,TX 76034 H: 817.545.4211 licatat .ci.colleyville.tx.us Director: Monica Sue Walsh Office: 817.503.1180 PLACE 2 PLACE 3 VACANT TERM: -Present PLACE 5 Pat Horn 110 Bartram Lane Colleyville, TX 76034 W: 817.849.1085 H: 817.503.2385 pat.horn .sbcglobal.net TERM: December 2006 - 2008 PLACE 8 Franklin Hyde 3501 Pembrooke Parkway South Colleyville, TX 76034 H: 817.685.6890 FPHYDECa~sbcplobal.net TERM: December 2007 - 2009 COUNCIL LIAISON Mike Taylor 5209 Coventry Place Colleyville, TX 76034 W :817.377.9966 H: 817.267.5407 F: 817.377.4405 M: 817.366.5557 t_ylorm ci.cofleyville.tx.us Vince Rosen 1313 Chatsworth Court East Colleyville, TX 76034 W :817.307.0563 H: 817.577.4862 F: 817.788.1767 vinceC~rosenhome.com TERM: December 2006 - 2008 PLACE 6 Brian Estridge 7209 Windswept Trail Colleyville, Texas 76034 W :817.966.2073 H: 817.788.0898 b.estridge(a~tcu.edu TERM: December 2007 - 2009 GCISD LIAISON GCISD Charlie Warner 3051 Ira E. Woods Grapevine, TX 76051 swseiko@aol.com Revised 06-10-2008 ~ ~~ ` City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 ~~~~~~=" Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 06/17/2008 Controlling Body: City Council Requester: Finance Department Agenda No.: PC-2 Final Action: File Name: Presentation of the Monthly Financial Report -May 2008 Attachments: May 2008 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/17/2008 City Council Title Presentation of the Monthly Financial Report -May 2008 Explanation The percentage of current year taxes collected is slightly behind that of May 2007 and is approaching 98% of the tax roll. Sales tax revenue received in May was down $13,087 which is 4.53% under the amount received in May 2007. Nine residential building permits were issued in May, as compared to seven issued in May 2007. Municipal Court revenues continue to be up as compared to Fiscal Year 2007. The average amount expended by the departments at the end of May 2008 is 57.1 %. Utility Fund Water usage decreased slightly as compared to the amount sold through May 2007. The average amount expended by the Utility Fund at the end of May 2008 is 56.5%. City of Colleyville Page 1 Printed on 6/11/2008 MONTHLY FINANCIAL REPORT -MAY 2008 GENERAL FUND FY 2008 REVENUE SOURCE BUDGET Current Taxes $8,860,357 Delinquent Taxes 50,000 Penalty & Interest 55,000 TOTAL AD VALOREM TAXES $8,965,357 TXU Electric Tri-County Electric TXU Gas Southwestern Bell Verizon/Others Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax 'TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits TOTAL LICENSES & PERMITS Fines Alarms Permit Fees Library Fines TOTAL :FINES $910,000 104,000 280,000 114,000 59,500 115,000 165,000 $1,747,500 $2,452,394 100,000 $2,552,394 $917,929 124, 994 57,108 97,703 56,802 167,332 3, 079 2,000 7,015 7,359 15,000 $1,456,321 $725,000 38,000 26,100 $789,100 RECEIVED AS OF 5/31 /2008 $8,717,601 48,135 42,153 $8,807,889 $844,989 110,560 338,969 94,961 41,285 88,339 144,375 $1,663,478 ~ $1,240,801 61,003 $1,301,804 $508, 966 54, 363 39,746 47,674 50,159 103,727 1,370 808 5,450 4,155 8,200 $824,618 $616, 888 38,125 17,130 $672,143 PROJECTED AS OF 5/31 /2008 $8,656,569 43,000 42, 000 $8,741,569 $884,000 104,000 280,000 85, 500 44,625 71, 875 123,750 $1,593,750 ~ $1,175,947 'i 75,000 $1,250,947 $611, 953 83,329 38, 072 65,135 37,868 111,555 2, 053 1,333 4,677 4, 906 10, 000 $970,881 $483,333 25,000 17,400 $525,733 RECEIVED AS OF 5/31 /2007 $7, 870, 375 37,288 32,105 $7,939,768 $933,754 102,109 279,061 89,356 38, 002 73,686 120,711 $1,636,679 ~ $1,160,599 66,620 $1,227,219 $489,675 56,203 39,852 48, 376 45,358 119,717 1, 974 1,257 5, 950 4,625 11,650 $824, 637 $509,263 34, 225 17,395 $560,883' PERCENT CHANGE 10.76% 29.09% 31.30% 10.93% -9.51 8.28% 21.47% 6.27% 8.64% 19.89% 19.60% 1.64% 6.91 -8.43% 6.08% 3.94% -3.27% -0.27% -1.45% 10.58% -13.36% -30.60% -35.72% -8.40% -10.16% -29.61 0.00% 21.13% 11.40% -1.52% 19.84% MONTHLY FINANCIAL REPORT -MAY 2008 RECEIVED. PROJECTED RECEIVED REVENUE SOURCE FY 2008 AS OF AS OF AS OF PERCENT BUDGET 5/31/2008 5/31/2008 5/31/2007 CHANGE 500 $12 $7,442 $8,333 $14,685 -49.32% Re-zoning , 000 21 16,615 14,000 17,459 -4.83% Plat Fee/Site Plan , 000 2 1,000 1,333 2,625 -61.90% Board of Adjustment , 500 2 1,350 1,667 2,676 -49.55% Sale of Material , 000 6 5,806 4,000 1,530 279.48% Weed Mowing , 200 3 3,264 2,133 3,685 -11.42% Animallmpoundment , 000 242 173,471 161,333 170,886 1.51 Ambulance , 524 148 92,291 92,000 75,267 22.62% Recreation Program , 500 24 21,590 24,500 24,445 -11.68% Non-Resident Fee Parks , 450 16 18,140 16,450 16,424 10.45% Field Use Charge , 000 80 129,711 53,333 99,796 29.98% Engineering & Inspection , 000 2 3,825 1,333 6,350 -39.76% Chgs & Reimbursements , 000 214 175,691 142,667 145,497 20.75% Colleyville Center Rental , 0 00% 0 Library Building Rental 75 225 1 0 850 14 50 817 20 12,500 . 18.80% Lot Drainage Insp Fee , 3 , , TOTAL CHARGES FOR SERVICE $805,974 $665,046 $543,950 $593,825 11.99% DARE Officer Reimb $85,516 $0 $0 $0 0.00% TOTAL INTERGOVERNMENTAL $85,516 $0 $0 $0 0.00°/a Sale of Surplus Property $17,000 $0 $0 $0 0.00% 59% 3 Interest Income 382,500 235,163 225,000 227,024 . 14 59% Miscellaneous 55,000 78,858 48,000 68,819 . 00% 0 Use of Available Cash 180,290 0 0 0 650 . 00% -100 Celebrate Colleyville Revenue 0 5 0 043 60 0 000 60 66,982 . -10.36% Antenna Lease 63,47 , , TOTAL MISCELLANEOUS $698,265 $374,064 $333,000 $363,475 2.99% Transfer from Utility Fd $716,934 $0 $0 $0 0.00% TOTAL TRANSFERS $716,934 $0 $0 $0 0.00% TOTAL GENERAL FUND REVENUES $17,817,361 $14,309,042 $13,959,829 $13,146,486 $.84% MONTHLY FINANCIAL REPORT -MAY 2008 TOTAL PERCENT FY 2008 THROUGH THROUGH INCREASE INCREASE BUDGET 5/31/2008 5/31/2007 (DECREASE) (DECREASE) OF CURRENT TAX ROLL COLLECTED 99.0% 97.70% 97.71% -0.01% -0.01% RESIDENTIAL BLDG PERMITS 245 97 79 18 22.78% COMMERCIAL BLDG PERMITS 10 20 23 (3) -13.04% PLUMBING/MECHANICAL PERMITS 900 1,010 998 12 1.20% ELECTRICAL PERMITS 400 350 336 14 4.17% CITATIONS ISSUED 9,700 10,665 7,345 3,320 45.20% CITATIONS APPEALED 270 336 520 (184) -35.38% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2008 THROUGH PROJECTED 66.67% OF THE BUDGET BUDGET 5/31/2008 EXPENDITURES YEAR COMPLETED REMAINING City Council and Secretary $577,897 $335,609 $339,490 58.1% $242,288 City Manager 604,923 408,716 364,822 67.6% 196,207 Finance 469,129 298,630 305,220 63.7% 170,499 Legal 106,823 78,395 62,313 73.4% 28,428 Engineering 551,249 332,034 332,539 60.2% 219,215 Economic Development 161,924 95,241 96,614 58.8% 66,683 Building Inspection 412,404 262,081 261,208 63.5% 150,323 Community Development 282,071 157,881 159,241 56.0% 124,190 Fire 3,512,912 2,395,642 2,397,381 68.2% 1,117,270 Police 4,049,272 2,623,923 2,667,234 64.8% 1,425,349 Parks 1,511,351 816,387 812,118 54.0% 694,964 Recreation 326,958 188,506 184,780 57.7% 138,452 Streets & Drainage 1,974,850 661,343 723,163 33.5% 1,313,507 Library 677,620 392,321 390,024 57.9% 285,299 Communications 212,221 135,337 136,372 63.8% 76,884 Colleyville Center 480,283 220,212 233,725 45.9% 260,071 Human Resources 234,419 132,355 133,412 56.5% 102,064 Municipal Court 241,121 153,455 153,252 63.6% 87,666 Fleet Maintenance 195,202 124,118 124,390 63.6% 71,084 Building Services 256,950 127,195 136,755 49.5% 129,755 Information Services 370,522 182,501 186,942 49.3% 188,021 Capital Equipment Reserve 135,000 49,662 49,662 36.8% 85,338 Transfer to Art Fund 15,000 0 0 0.0% 15,000 Performance Pay 454,630 0 0 0.0% 454,630 TOTAL EXPENSES $17,814,731 $10,171,544 $10,25Q,657 57.1% $7,643,187 MONTHLY FINANCIAL REPORT -MAY 2008 UTILITY FUND RECEIVED PROJECTED RECEIVED FY 2008 AS OF AS OF AS OF PERCENT REVENUE SOURCE BUDGET 5/31/2008 5/31/2008 5/31/2007 CHANGE Water Sales $7,232,910 $3,726,388 $3,873,133 $3,725,429 0.03% Sewer Sales 2,188,056 1,529,946 1,458,704 1,357,805 12.68% Sewer Installation 22,900 16,390 15,267 10,000 63.90% Water Installation 48,000 31,940 32,000 26,280 21.54% Sewer Tie-on Charges 5,000 3,000 3,333 16,150 -81.42% Engineering Charges 35,000 56,314 23,333 47,311 100.00% Penalties 158,342 111,937 105,561 104,845 6.76% Miscellaneous 13,000 9,895 8,667 25,161 -60.67% TOTAL OPERATING INCOME $9,703,208 $5,485,810 $5,519,998 $5,312,981 3.25% Interest Income $245,000 $264,496 $187,000 $179,834 47.08% Use of Available Cash 337,000 0 0 0 0.00% TOTAL NON-OPERATING INCOME $582,000 $264,496 $187,000 $179,834 47.08% TAL INCOME 285 208 ~ $10 750,306 1 $5 $5,706,998 1 1 $5,492,815. 4.69% TO , , , . TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 5/31/2008 5/31/2007 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 1,102,752,400 1,107,595,200 (4,842,800) -0.44% NUMBER OF WATER CUSTOMERS 8,840 8,642 198 2.29% UTILITY FUND EXPENSES Administration Billing Operations Debt Service Merit Adjustment Transfer to Art Fund Transfer to General Fund TOTAL-EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2008 THROUGH PROJECTED 66.67% OF THE BUDGET BUDGET 5/31/2008 EXPENSES YEAR COMPLETED REMAINING $208,211 $129,341 $129,103 62.1% $78,870 590,033 259,209 258,951 43.9% 330,824 7,511,273 4,434,767 4,470,358 59.0% 3,076,506 972,260 879,648 879,648 90.5% 92,612 77,217 0 0 0.0% 77,217 15,000 0 0 0.0% 15,000 716,395 0 0 0.0% 716,395 $10,090,389 $5,702,965 $5,738,060 56.5% $4;387;424 n .~~ . City of Colleyville 100 Mlain Street ' ~ ~ Colleyville, Texas 76034 ~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Engineering Department File Type: Pre Council Agenda Date: 06/17/2008 Agenda No.: PC-3 File Name: Discussion of the Street Capital Improvement Plan (CIP) Status: Pre Council Controlling Body: City Council Final Action: Attachments: March 4, 2008 Pre Council Agenda Briefing Street Capital Improvement Financial Summary June 2008 - Draft.pdf Street Capital Improvement Financial Summary February 5, 2008 - Draft History of Legislative File Version: Date: Acting Body: Action Text: 06/17/2008 City Council Title Discussion of the Street Capital Improvement Plan (CIP) Explanation Staff previously prepared a draft work plan for a proposed Street Capital Improvement Plan (CIP) for City Council consideration. The attached spreadsheet provides a scope of work and associated funding sources for a general "pay-as-you-go" plan. The proposed plan considers residential street improvements and several intersections throughout the community. The spreadsheet has been revised to show proposed roadway improvements in Tara Plantation and Saddlebrook Additions being funded with General Fund Cash Balance, with draw downs spread out over a four year period. In addition, other listed street and intersection projects indicate priority improvement needs and reflect staff's determination of availability of funds and optimum design and construction schedules during each fiscal year of the proposed plan. Additionally, there would also be $150,000 of available cash transferred at the end of the fiscal year from the difference in that fiscal year's revenues and expenditures to fund the next fiscal year's micro-resurfacing program. Funding for improvements on State Highway 26 are as follows: Utility Poles on State Highway 26 - Council directed staff to move forward with the acquisition of fiberglass utility poles at an estimated cost of $500,000. A source of funding for the project would be a seven year tax anticipation note or a bank loan. The source of re-payment would be an initial draw down of available cash in the amount of $200,000 which would cover the first two years of payment. The next five years of payments would be made from that prior year's addition to available cash after the transfer for the micro-resurfacing program or an increase in the tax rate to cover the payment. The maximum estimated tax increase would be $.0030 (tax rate $.3589) in the event the yearly City of Colleyville Page 1 Printed on 6/13/2008 Agenda Briefing Continued application of cash balance is not realized after adjusting for the Street CIP and micro-resurfacing. State Highway 26 improvements -Council directed staff to continue design hardscape improvements and plan a tax anticipation note debt issuance in 2009. The 2010 projected tax rate impact would be $.0060 (tax rate $.3619). Also, there would be an additional tax anticipation note debt issuance in 2012 for the landscape improvements. Together, the hardscape and landscape improvements total $2,800,000. Financial impact for the ten year CIP and proposed roadway and landscaping improvements to SH26 were included in the March 4, 2008 Pre Council agenda briefing and are attached for review. City of Colleyville Page 2 Printed on 6/13/2008 ~`~"?°~~f j. , ~t~~~~~~~=~=-~ ~~~~ City of Colleyville ` City Hall 100 Main Street ;:y ,, :~s~ ` '~"' Colleyville Texas 76034 °~-~°~=~ Agenda Briefing , 817.503.1000 www. colleyvil I e. com File Number: Version: 1 Requester: Engineering Department File Type: Pre Council Agenda Date: 03/04/2008 Agenda No.: PC-2 File Name: Discussion of the Street Capital Improvement Plan (CIP) Final Action: Attachments: PC-2.pdf Jackson Road and Cheek Sparger Road Worksheet.pdf Street Summary CIP Worksheet.pdf December 4, 2007 Agenda Briefing History of Legislative File Version: Date: Acting Body: Action Text: 03/04/2008 City Council Title Discussion of the Street Capital Improvement Plan (CIP) Explanation The recent announcement of a Federal recall of funding for transportation related projects statewide and associated Texas Department of Transportation (TxDOT) funding issues have had a substantial impact on the viability of improving SH26 within the City of Colleyville. As a result, staff determined the need to evaluate the potential impact of reduced funding levels on the City's proposed Capital Improvement Plan (CIP), in terms of loss of funding for certain intersection and roadway projects. At this time, the intersection improvements for Jackson Road and Cheek Sparger Roads is the only listed project that would be subject to revocation of any funding that was previously allocated by the North Central Texas Council of Governments (NCTCOG). Staff contacted the County Planner for Tarrant County and was advised that all current funding levels remain for this intersection project, including funding from the 2006 Tarrant County Bond Program and NCTCOG funding that was previously defederalized. The defederalized funds, in the amount of $320,950.00, were transferred from the proposed 135 highway improvements north of 1820 to supplement the County's bond allocation for the intersection project. In addition, the City was advised that federal funds, as part of the 2007 Regional Toll Revenue (RTR) Funding Initiative, are now approved to support this project. The attached Street Capital Improvement Financial Summary and Project Description form have been revised to reflect the allocation of additional funds and the reduced obligation of municipal funding from existing Street and Utility Impact fees for the Jackson Road and Cheek Sparger Road intersection project. Staff and the Mayor met with representatives of NCTCOG and the District Engineer of Status: Pre Council Controlling Body: City Council City of Colleyville Page 1 Prfr~ted on 8/2/2008 Agenda Brlefln_g Contlnued TxDOT regarding funding that will permit the SH26 project to remain on course for construction in early 2010. A remaining $30 million is available for right-of-way acquisition and construction of a portion of the original project. Although NCTCOG has not provided a final determination of the revised limits of construction of the roadway, the City of Colleyville was advised the available funding level will be used in part to complete the proposed SH26 improvements from Pool Road south to an undetermined point (approximately to Bransford Road). The segment of SH26 in Hurst, from Cheek Sparger to 1820, does not have construction funds currently available. Staff continues to host a monthly meeting with representatives of TxDOT, the cities of Grapevine and Hurst and all affected franchise utilities in an attempt to keep the utility relocation process on tract for the SH26 project. In summary, the proposed CIP allocates $12,177,400.00 over ten years for various transportation enhancements. The chart below is the forecasted ten year balance of each funding source which will be allocated to the CIP. Fund 10 YR Forecast Current Year Operating Budget (Street/Drainage) $ 4,986,900 Street Impact Fees $ 1,629,685 Sidewalk Budget $ 606,000 Utility Fund Impact Fees/Cash balance $ 1,868,500 2006 Tarrant County Bonds $ 1,062,315 Total $ 10,153, 400 The Fiscal Year Ending 2007 General Fund's cash balance of $8,495,329.00 provides a 173 day working capital balance; well meeting the City Council policy of maintaining a minimum threshold of 90 days working capital for the General Fund. Accommodating the City Council's previously discussed allocation of $2,030,000.00 in support of the various proposed CIP projects, the General Fund's available cash balance reduction to $6,465,329.00 yields a 132 day working capital balance for the General Fund. Supplementing the various funding sources for the proposed $12,177,400.00 Street CIP, the City Council has previously allocated an additional $12,370,000.00 for related improvements for SH26. The various aspects and funding sources for the SH26 construction project include: CATEGORY COST • Construction/ROW $5,070,000 • Utility Relocation $4,500,000 • Landscaping -Softscape $1,400,000 -Hardscape $1,400,000 Total $12, 370,000 SOURCE TIF Partners -cash available City debt sale within current rate structure City debt sale w/possible property tax adjustment City debt sale w/possible property tax adjustment Debt issuance of the $4,500,000.00 toward utility relocation for SH26 improvements is scheduled for FY2009 with the current customer utility rate structure being adequate to properly fund debt payments. The City Council's consideration of adopting the proposed City of Colleyville Page 2 PNnted on 6/?l2008 Agenda BNeflng Continued Street CIP will involve discussion concerning the allocation of the General Fund's available cash balance and/or issuance of debt in support of its previous commitment of landscaping improvements for SH26. City Council planning direction in 2005 was for TxDOT to proceed with identified landscaping with City funding to be determined at a later date by available cash and or a combination of debt. The Finance Department projects the issuance of debt for the $2,800,000.00 in landscaping for 2009 and 2012 to require a cumulative $0.0060 increase in the property tax rate to $0.3619, assuming an annualized 3% property valuation growth. Funding $4,830,000.00 for SH26 landscaping and a proposed Street CIP with available cash without any debt issuance, the General Fund's working day capital is estimated to be reduced to 75 days working capital. Consideration by the City Council utilizing the General Fund's current 173 day's working capital balance for this, or other projects, will be an important discussion as it proceeds in finalizing the proposed Street CIP. 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City of Colleyville Sec. 551.071 - Legal -Discussion of pending litigation -Raman Chandler v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.074 -Personnel -Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.087 -Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 6/9/2008 RESOLUTION R-08-2976 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JUNE 17, 2008 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor 1n ~r~ t~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~; Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Agenda Date: 06/17/2008 Requester: Office of the City Agenda No.: 3 File Type: Presentation or Proclamation Secretary File Name: Presentations and Proclamations -June 17, 2008 Status: Presentations or Proclamations Controlling Body: City Council Final Action: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/17/2008 City Council City of Colleyville Page 1 Printed on 6/11/2008 RESOLUTION R-08-2977 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JUNE 17, 2008 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of June 3, 2008 b. Approval of a bid award for the Fiscal Year 2008 (FY 2008) annual purchase of water meters to Texas Water Products, in the amount of $50,123.00, and authorize the City Manager to execute the contract c. Approval of a construction contract with Access Paving, Inc., for the 2008 Sidewalk Improvements, in an amount not to exceed $63,019.00, and authorize the City Manager to execute the contract AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor "°' City of Colleyville City Council Minutes -Draft ,<•,.- City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 3, 2008 CITY COUNCIL CHAMBERS PC-1 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 3, 2008, at 5:36 p.m. Mayor Kelly stated the Oath of Office would be administered to Mayor Pro Tem Ayers and Councilmember-elect Stan Hall during the regular meeting and expressed appreciation to outgoing Councilmember Hendler for six years of service on the City Council. Mayor Kelly welcomed Attorney Cathy Cunningham serving in City Attorney Matthew Boyle's absence. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Economic Development Manager Mike Johnston, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Coordinator Ron Ruthven, Communications Manager Mona Gandy, Audio Visual Technician Lawrence Gise, City Attorney Cathy Cunningham, and City Secretary Cynthia Singleton were also present. Presentation by Commissioner Fickes regarding high speed rail initiatives Mayor Kelly welcomed and introduced Tarrant County Commissioner Gary Fickes. Commissioner Fickes introduced Ms. Carolyn Sims, Precinct Administrator and Mr. Travis Kelly of Dean International, Inc. Commissioner Fickes expressed appreciation for the opportunity to present the Texas High Speed Rail and Transportation Corporation vision and spoke regarding the cost and support of the system, trade and economic impact, benefits of connectivity and system safety and answered questions of the City Council. City of Colleyville Page 1 Printed on 6/13/2008 City Council City Council Minutes -Draft June 3, 2008 PC-2 PC-3 PC-4 PC-5 PC-6 Presentation of the landscape design for the Bogart Drive Paving and Drainage Improvement Project Public Works Director Steve Chutchian presented information regarding the contract for the landscape design for the Bogart Drive Paving and Drainage Improvement Project and introduced Mr. John Levitt of Chiang, Patel & Yerby, and Gary Kutilek of The Landscape Alliance, Inc., who developed the landscaping and irrigation plan. Mr. John Levitt and Mr. Gary Kutilek provided an overview of the design, proposed landscaping and irrigation plan and answered questions of the City Council. There was general discussion regarding the roundabout design and timeline for project completion. Discussion of changing the dates of regular City Council meetings City Secretary Cynthia Singleton proposed the first regular City Council meeting of November 4, 2008, be moved to Wednesday, November 5, 2008, due to the National Election and the second regular City Council meeting of March 17, 2009, be moved to Tuesday, March 24, 2009, due to the Grapevine-Colleyville Independent School District spring break. City Council determined the meetings would be changed as proposed. Discussion of designation of a voting representative to the North Central Texas Council of Governments (NCTCOG) City Council designated Mayor Kelly as the voting representative to the North Central Texas Council of Governments. Discussion of the June 3, 2008 City Council regular agenda items Mayor Kelly reminded City Council of the Oath of Office ceremony and the election of Mayor Pro Tem. City Council Portrait Sitting There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:28 p.m. and the City Council convened for the City Council portrait. City of Colleyville Page 2 Printed on 6/13/2008 City Council City Council Minutes -Draft June 3, 2008 The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on June 3, 2008, at 6:50 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Police Chief Tommy Ingram, Interim Economic Development Manager Mike Johnston, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Coordinator Ron Ruthven, Planner Justin Bass, Library Director Mary Rodne, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Audio Visual Technician Lawrence Gise, City Attorney Cathy Cunningham and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raman Chandler v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.74, Personnel, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:50 p.m. and reconvened at 7:42 p.m. City of Colleyville Page 3 Printed on 6/13/2008 City Council City Council Minutes -Draft June 3, 2008 INVOCATION: Pastor Chester Hournbuckle, Colleyville Assembly of God PLEDGE OF ALLEGIANCE: City Attorney Cathy Cunningham 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-2972 This resolution was not needed. 3. OATH OF OFFICE City Secretary Cynthia Singleton administered the Oath of Office to Councilmember Stan Hall and Councilmember Jon Ayers. 4. RECEPTION FOR CITY COUNCIL Mayor Kelly congratulated Councilmember Hall and Councilmember Ayers. Mayor Kelly recessed the meeting at 7:46 p.m. for the reception and reconvened at 8:03 p.m. 5. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Wollin announced National Garden Clubs, Incorporated, designated June 1-7, 2008, as National Garden Week to recognize local garden clubs for efforts to beautify the community. Councilmember Wollin invited citizens to participate in the Colleyville Public Library "Read, Explore and Go Wild" summer reading program and join "Safari Guide" Mayor Kelly on June 16, 2008 at 10:30 a.m. for opening day ceremonies. Councilmember Taylor invited citizens to participate in the Colleyville Lions Club xSIGHTment Run on Saturday, June 7, 2008, at 7:30 a.m. at the Colleyville Center. Mayor Kelly invited citizens to the Old Tyme Barbeque Cook-off festivities, benefiting the Special Olympics, on Friday, June 7, 2008, at 6:30 p.m. at City Hall and continuing on Saturday, June 8, with the Barbeque cook-off, the Kids-Q cook-off and the pie and cake contest. City of Colleyville Page 4 Printed on 6/13/2008 City Council City Council Minutes -Draft June 3, 2008 Mayor Kelly expressed appreciation to Councilmember Hendler for eight years of service on the Parks and Recreation Advisory Board and six years as a Councilmember and stated Councilmember Hendler is an advocate and visionary for the parks system, Tree City USA, athletic fields and the environment and served as a mentor during the Mayor's initial service as Mayor. Mayor Kelly presented Councilmember Hendler with an engraved crystal vase. Councilmember Hendler expressed appreciation to city employees, City Council, Mayor Kelly, citizens, family members, Elaine Dolan, Richard Newton and George Boll and board, committee and commission members and spoke regarding his service to the City including Tree City USA, the Ethics Commission, Donation Policy, Master Plan revisions, Charter revisions, Economic Development Taskforce, sports and youth athletic activities and fields and collaborative efforts with the Grapevine-Colleyville Independent School District. Councilman Hendler expressed appreciation to Dave Dudziak, Sean Roche, Steve Magee, Michael Muhm, Mike Taylor and Lee Skaalrud. Mayor Kelly stated Councilman Hendler will serve on the Commuter Rail Committee. Mayor Kelly presented a Proclamation to Parks and Recreation Director Monica Walsh in recognition of the Colleyville Parks and Recreation 50th Anniversary. Parks and Recreation Director Monica Walsh invited citizens to celebrate the Parks and Recreation Department's 50th anniversary by attending the first Colleyville drive-in movie on June 13, 2008, 7:00 p.m., at City Park, and the old car contest and concessions. Councilmember Taylor commended Councilmember Hendler for his service to the City and thanked him for his friendship. Mayor Pro Tem Ayers expressed appreciation to Councilmember Hendler for his selfless service, energy, enthusiasm, positive changes, contributions and friendship. 6. ELECTION OF MAYOR PRO TEM 6a Election of Mayor Pro Tem Mayor Kelly moved to elect Councilmember Ayers as Mayor Pro Tem. Councilmember Taylor seconded the motion. City of Colleyville Page 5 Printed on 6/13/2008 City Council City Council Minutes -Draft June 3, 2008 The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2973 7a Approval of the minutes of the regular City Council meeting of May 20, 2008 lb Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of May 27, 2008 7c Approval of a Mutual Aid Fire Protection and Emergency Medical Services Agreement with the Northeast Fire Department Association (NEFDA), and authorizing the City Manager to execute the Agreement 7d Approval of a donation of an emergency medical training mannequin from the Colleyville Rotary Club to the Colleyville Fire Department Mayor Kelly read Resolution R-08-2973 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-08-2973. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly expressed appreciation to the Colleyville Rotary Club for the donation of the emergency medical training mannequin. 8. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 8a 0-08-1681 Approval for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107A, Case Z-08-013 City of Colleyville Page 6 Printed on 6/13/2008 City Council City Council Minutes -Draft June 3, 2008 Mayor Kelly read the caption of Ordinance 0-08-1681. Mayor Kelly opened the public hearing. Ms. Kathy Fontano, 737 Bluebonnet, Hurst, Texas, representing the applicant, was present to answer questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Hart moved to approve Ordinance 0-08-1681. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Nay: 1 -Stan Hall 8b 0-08-1682 Approval to amend the existing gas franchise between the City of Colleyville and Atmos Energy Corporation (Atmos) Mayor Kelly read the caption of Ordinance 0-08-1682. Mayor Kelly opened the public hearing. Mr. Jim Moore, 1415 Glade Road, spoke regarding negotiations with Atmos Energy Corporation and in opposition to the proposed ordinance. Ms. Mary Jean Maloney, Atmos Energy Corporation representative, stated, "We are under negotiations and, hopefully soon, will be finished with the full Atmos franchise, which expired recently. The opportunity for the franchise fee change came about as part of another proceeding and Atmos agreed to that and there was a time period that they ask for a response and we went ahead and responded to that. The amount of the franchise fee is not even under discussion to change again in the new franchise. It will stay the same as this amendment, so that will be the same in the new franchise." Councilmember Licata asked the City Attorney, "It is my understanding that because of the most favored nation's clause in our contract and because Atmos agreed to increase the franchise fee at another City, we automatically have that right now, if we choose to?" City Attorney Cathy Cunningham responded, "Yes sir". City of Colleyville Page 7 Printed on 6/13/2008 City Council City Council Minutes -Draft June 3, 2008 City Manager Bill Lindley stated the franchise fee is provided to the City for the use of City right-of-way and spoke regarding cost of maintaining the right-of-way. There was general discussion regarding the monthly billing increase to residents. Mayor Kelly moved to approve Ordinance 0-08-1682. Councilman Taylor seconded the motion. The motion was denied by the following vote: Aye: 3 -David Kelly, Stan Hall, Mike Taylor Nay: 4 -Carol Wollin, Tony Licata, Jon Ayers, Tom Hart Councilmember Hart moved to deny Ordinance 0-08-1682. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 -Tom Hart, Mike Taylor, Carol Wollin, Tony Licata, David Kelly, Jon Ayers Nay: 1 -Stan Hall 9. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 9a 0-08-1683 Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 Mayor Kelly read the caption of Ordinance 0-08-1683. Community Development Coordinator Ron Ruthven provided an overview of the request for a zoning change from AG-Agricultural to CC1-Village Retail and stated the Planning and Zoning Commission and staff recommends approval. Mayor Kelly opened the public hearing. City of Colleyville Page 8 Prinfed on 6/13/2008 City Council City Council Minutes -Draft June 3, 2008 Mr. Kipp Whitman, 1501 Hall Johnson Road, provided an overview of the proposed office and retail development and distributed a revised site plan to City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the timeline for the project, the Land Development Code buffering requirement between commercial and residential development and the minimum lot configuration standards. 10. RESOLUTION(S): READING AND PUBLIC HEARING 10a R-08-2974 Consideration of appointment to the Commuter Rail Committee Mayor Kelly read Resolution R-08-2974 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Hall moved to approve Resolution R-08-2974, appointing Mr. Keath Hance to the Commuter Rail Committee. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 12. REPORTS: Colleyville Senior Center Advisory Committee Minutes -March 20, 2008 Colleyville Trails and Sidewalks Committee Minutes -March 25, 2008 Colleyville Parks and Recreation Advisory Board Minutes -April 7, 2008 Colleyville Senior Center Advisory Committee Minutes -April 17, 2008 Commuter Rail Committee Minutes -May 5, 2008 City of Colleyville Page 9 Printed on 6/13/2008 City Council City Council Minutes -Draft June 3, 2008 There was no discussion of this item. 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 3, 2008 - Reading and Public Hearing -Resolution R-08-2975 This resolution was not needed. 14. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 8:51 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 10 Printed on 6/13/2008 ~„ City of Colleyville 100 lain Street ~ Colleyville, Texas 76034 r..;~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 06/17/2008 Controlling Body: City Council Requester: Public Works Agenda No.: 4b Final Action: Department File Name: Approval of a bid award for the Fiscal Year 2008 (FY 2008) annual purchase of water meters to Texas Water Products, in the amount of $50,123.00, and authorize the City Manager to execute the contract Attachments: FY 2008 Annual Water Meter Replacement Program Bid Tab Contract - FY 2008 Annual Water Meter Replacement.pdf Request for Bid -Bid #01-Utility -08 Water Meter Annual Purchase.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/17/2008 City Council Title Approval of a bid award for the Fiscal Year 2008 (FY 2008) annual purchase of water meters to Texas Water Products, in the amount of $50,123.00, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing City Council approved and adopted the "Water Conservation and Emergency Water Demand Management Plan" on May 3, 1994. In conjunction with the water conservation plan, the City of Colleyville adopted a program for the replacement of ten percent of the total water meters within the City consisting of one inch or less, on an annual basis, for a total replacement cycle every ten years. Five (5) bids were received by the Public Works department on May 27, 2008, for the FY 2008 annual purchase of water meters. Texas Water Products provided the lowest bid of $50,123.00. Financial Impact It has been determined that funds are available from the Water Meter and Fire Plug Purchasing tine item account 002-61-6654. Recommendation Approval City of Colleyville Page 1 Printed on 6/11/2008 BID TAB Owner: City of Colleyville Project: FY2008 Annual Water Meter Replacement Program Bid Date: Ma 27, 2008 No. Bidder Bid Amount 1 Texas Water Products $ 50,123.00 2 B2O&Associates $ 51,867.00 3 A.C.T. Pi a and Su I $ 52,715.05 4 U.S. Meterin & Technolo $ 71,608.00 5 Atlas Utilit Su I $ 76,106.39 CONTRACT STATE OF TEXAS COUNTY OF TARRANT CITY OF COLLEYVILLE 3 3 KNOWN ALL MEN BY THESE PRESENTS: THlS CONTRACT is made and entered into as of the 17th day of June , 2008, by and between the City of Colleyville, a municipal corporation of Tarrant County, Texas (hereinafter referred to as "City", which term shall be construed to include any officer, representative, commission or board of the City having authority to represent or act for it, in relation to any part of the subject of this Contract), and Texas Water Products, with offices located at 5825 E. Berry, Fort Worth, Texas 76119 hereinafter referred to as "Contractor". RECITALS WHEREAS, the City desires to purchase new water meters, and WHEREAS, the Contractor agrees to sell new water meters to the City, and NOW, THEREFORE, in consideration of the promises, and the mutual covenants and agreements hereinafter set forth, the City and Contractor hereby agree as follow: Section 1. Scope of Services a. The Contractor shall provide new water meters as detailed in the technical specifications portion of this Contract, attached hereto and incorporated herein by reference as if set forth at length in full. b. The Contract price is set forth and incorporated in Exhibit A attached hereto. c. The Contractor hereby agrees to all the terms and conditions contained in pages 1 through 16 [last page of bid request including addenda] of Exhibit A attached hereto. IN WITNESS WHEREOF, the parties hereto have executed this contract this 17th day of June , 2008. CONTRACTOR: BY: Steve Cook SIGNATURE CITY OF COLLEYVILLE BY: William Lindley City Manager SIGNATURE Page No. 16 Bid Number 01-UTILITY-2008 Bidders Initials. REQUEST FOR BID Sealed bid proposal responses will be received at the City of Colleyville Public Works Department, 1601 Hall-Johnson Road, Colleyville, TX 76034. Bid responses received after the opening time and date will be returned #o the sender, unopened. All responses will be publicly opened and read aloud at the opening time and date. The envelope should be marked: BID # 01-UTILITY-08 WATER METER ANNUAL PURCHASE OPENS 2:30 P.M. DATE: May 27, 2008 COLLEYVILLE PUBLIC WORKS BUILDING 1601 HALL-JOHNSON ROAD In submitting the attached bid, including terms, conditions, instructions to bidders and specifications, the vendor agrees that acceptance of any or all bid items within a reasonable period of time constitutes a contract. BID NUMBER ....................... 01-UTILITY-08 BID TITLE ...............................WATER METER ANNUAL PURCHASE OPENING TIME/DATE...........2:30 P.M./ May 27, 2008 TERMS OF PAYMENT BIDDER'S NAME NET 30 DAYS (THIS LINE WILL BE COMPLETED BY THE BIDDER) TEXAS WATER PRODUCTS BIDDER'S ADDRESS 5825 E BERRY FORT WORTH TEXAS BIDDER'S TELEPHONE NUMBER 817 ~s7 9988 BIDDER'S FAX NUMBER 817 654 2007 AUTHORIZED SIGNATURE ~~ ~, PRINTED SIGNATURE sT"F. v~c~' ~~~ All bid responses are required to be signed by an authorized representative of the bidding entity. Bid responses received unsigned will not be considered. Page No. 1 Bid Number 01-UTILITY-2008 Bidders Initials `~'C TERMS AND CONDITIONS 1. DEFAULT - In case of default after bid acceptance, the City of Colleyville, Texas ("City") may exercise any and all rights it may have in compliance with the law. 2. PRICES HELD FIRM -The City reserves the right to require that submitted bids remain in force for aforty-five day (45) period, after opening or until award is made; whichever occurs first. 3. RESOURCE CONTACT -All information and/or questions pertaining to this bid shall be directed to Ken Tywater, Utility Superintendent, at 817.540.0609. It is the responsibility of the bidder to seek clarification of any uncertain terms. 4. NEGOTIATION -Any attempt to negotiate or give information on the contents of this bid with the City or its representatives prior to award shall be grounds for disqualification. 5. TAX EXEMPT -The City of Colleyville is exempt from all sales and excise taxes. A tax, exemption certificate is available upon request. 6. FORMS PROVIDED - All bids must be submitted on the forms provided to ensure uniformity and comparability of responses. Bids may be rejected if they show any omissions, alterations in wording, conditional clauses or irregularities of any kind. 7. PRICE FIXING - In submitting a bid response to this request the bidder thereby certifies that the bidder has not participated in, nor been party to any collusion, price fixing or any other agreements with any company, firm or person concerning the pricing on the enclosed bid. 8. GRATUITIES -The City may, by written notice to the successful bidder, cancel this contract without liability to the successful bidder if it is determined by the City that gratuities in the form of entertainment, gifts or otherwise were offered or given by the successful bidder, or any agent or representative of the successful bidder, to any officer or employee of the City with a view towards securing or amending or the making of any determinations with respect to the performing of such a contract. 9. WARRANTY PRICE -The price to be paid by the City shall be that contained in the successful bidder's bid which successful bidder warrants to be not higher than the successful bidder's current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event successful bidder breaches this warranty, the prices of the items shall be reduced to the successful bidder's current prices on orders by others; or in the alternative, City may cancel this contract without liability to successful bidder for breach of successful bidder's actual expense. Page No. 2 Bid Number 01-UTILITY-2008 Bidders Initials '~~~ 10. FORCE MAJEURE -Neither party shall be required to perform any term, condition, or covenant in this contract so long as such performances are delayed or prevented by Force Majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods and any other cause not reasonably within the control of the party required to perform and which by the exercise of due diligence said party is unable, wholly or in part, to prevent or overcome. 11. APPLICABLE LAW -This agreement shall be governed by the Uniform Commercial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. 12. TAXES, UNEMPLOYMENT BENEFITS, ETC. -The successful bidder hereby accepts exclusive liability for, and agrees to indemnify the City against liability for the payment of any and all contributions or taxes for unemployment insurance, old age pensions or annuities or other purposes now or hereafter imposed by the government of the United States and/or by the government of any State of the United States, which are in whole or in part measured by and/or based upon the wages, salaries or other remuneration paid to persons employed by the successful bidder on work in connection with this order. 13. ANTI-DISCRIMINATION -The successful bidder, in performing the work required hereunder, shall comply with the provisions of Executive Order Number 11246 and shall not discriminate against any employee or applicant for employment because of religion, race, color, sex, age or national origin. 14. INVOICING AND PAYMENTS -Invoicing is to be provided in duplicate to the City of Colleyville Public Works, 1601 Hall-Johnson, Colleyville, Texas 76034. Payments are processed weekly. The payment terms are net 30 days, unless otherwise stated on the first page of this request. Net 30 days means payment must be postmarked by the City no later than 30 days after receipt of correct invoicing or receipt of ordered items, whichever occurs later. 15. FAIR LABOR STANDARDS ACT -The successful bidder warrants that the materials covered by this order have been produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended. 16. OCCUPATIONAL SAFETY AND HEALTH ACT -The successful bidder warrants that the items sold under this contract comply in all respects with the Occupational Health and Safety Act of 1970 and all applicable regulations, rulings, orders and standards promulgated thereunder and successful bidders agrees to hold the City harmless from any and all liability, claims, civil fines and penalties including reasonable costs and settlements which may arise out of the failure of the items to meet such requirements. Page No. 3 Bid Number 01-UTILITY-2008 Bidders Initials `~- 17. OPENING PLACE, TIME, AND DATE -The City will conduct a public bid opening at the location, time, and date as specified on the first page of the request. Bidders are encouraged to attend. A tabulation of the bid responses received at the time and date of the opening will be made available to all bidders at a later date. 18. LIENS -The successful bidder agrees to and shall indemnify and save harmless the City against any and all liens and encumbrances for all labor, goods and services which may be provided under the request, by seller or seller's vendor(s) and if the City requests, a proper release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City. 19. MODIFICATIONS AND AMENDMENTS -Purchaser shall have the right to modify this order subject to an adjustment in the price in accordance with the applicable provisions of the purchase order, if any or pursuant to mutual agreement. No agreement or understanding to modify this order shall be binding on the purchaser unless in writing and signed by the purchaser or the purchaser's authorized agent. 20. PATENT INDEMNITY -The successful bidder hereby warrants that the use or sale of the products and materials hereunder will not infringe claims of any patent covering such materials, and the successful bidder agrees to indemnify and hold harmless the City for any and all costs, expenses, judgments and damages, which the City may have to pay or incur. 21. WITHDRAWAL -The City reserves the right to withdraw the request for any reason prior to the opening time and date without bidder claims. 22. FACSIMILE -The City will not accept a bid response or alterations to a bid response via facsimile machine. The facsimile machine is available for informational inquiries only. The existing facsimile machine does not have the capability of "Fax Mail". No bid responses received via the facsimile machine will be considered. 23. BID ALTERATION -Bids cannot be altered or amended after submission deadline. Any interlineation, alteration or erasure made before opening time and date must be initialed by the signer of the bid, guaranteeing authenticity. 24. CHANGE ORDERS - No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the City Manager or his designed. 25. REJECT BIDS -The City reserves the right to reject any or all bids or parts of bids and to waive informalities in the bidding process. Page No. 4 Bid Number 01-UTILITY-2008 Bidders Initials ~G 26. RETURN FORMS -Bidders are required to return all pages of the enclosed forms. If all forms are not returned, signed and initialed the bid will be rejected. It is recommended that bidders retain a copy of the bid response for reference purposes. 27. VENUE -This agreement will be governed and construed according to the laws of the State of Texas.. This agreement is performable in Tarrant County, Texas. 28. HOLD HARMLESS -The successful bidder shall defend, indemnify and save harmless the City of Colleyville and its officers, agents and employees from all suits, actions or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any persons or property on account of any negligent act or fault of the successful bidder; or any agent, employee, subcontractor or supplier in the execution of, or performance under any contract ,which may result from bid award. Successful bidder indemnifies and will indemnify and save harmless the City of Colleyville from liability, claim or demand on their part, agents, servants, customers and/or employees whether such liability, claim or demand arise from event or casualty happening or within the occupied premises themselves or happening upon or in any of the halls, elevators, entrances, stairways or approaches of orto the facilities within which the occupied premises are located. Successful bidder shall pay any judgement with costs which may be obtained against the City of Colleyville growing out of such injury or damages. 29. DELIVERY TERMS AND TRANSPORTATION CHARGES -F.O.B. Destination Freight Prepaid: The City agrees to reimburse the successful bidder for transportation costs in the amount specified in the bid or actual costs, whichever is lower. 30. TITLE AND RISK OF LOSS -The title and risk of loss of the goods shall not pass to the City until the City actually receives and takes possession of the goods at the point or points of delivery. Page No. 5 Bid Number 01-UTILITY-2008 Bidders Initials INSTRUCTIONS TO BIDDERS 1. The bid award shall be based upon, but not necessarily limited to the following factors: a. Price b. Special needs and requirements of the City c. Results of reference checks d. Delivery/Completion Time e. Bidder's past performance record with the City f. City's evaluation of the bidder's ability to perform 2. The City of Colleyville may make such investigations as it deems necessary to determine the ability of the bidderto provide satisfactory performance in accordance with specifications, and the bidder shall furnish to the City all information and data for this purpose as the City may request. 3. If a bidder declines to submit a bid bidder is requested return page one of the bid, signed and marked "NO BID", and submit a statement as to why the invitation is declined. 4. 4. The City of Colleyville provides for a grievance procedure for bidders relating to specifications, terms, conditions and instructions. Bidders with questions relating to the above matters are to contact: Ken T rLwater Utility Superintendent and/or Terry Leake Finance Director. If such matters have not been brought to the attention of these two staff members prior to five working days before the bid opening date, the City considers the bid request to be acceptable to all bidders in all respects. 5. Any exceptions to the bid are to be clearly indicated on the page entitled, "EXCEPTIONS TO BID". 6. If during the life of the contract, the successful bidder's net prices to other customers for the goods and/or services awarded herein are reduced below the contracted price, it is understood and agreed that the benefits of such reduction shall be extended to the City of Colleyville. 7. The City reserves the right to award by section or total bid; whichever is in the best interest of the City. 8. The contract may be canceled by either party for any reason upon thirty (30) days written notification. Page No. 6 Bid Number 01-UTILITY-2008 Bidders Initials 9, Bidders are to provide three references where the items and/or services offered are presently in use, preferably municipalities in the Dallas/Fort Worth metroplex area. 1. Name of Company/City Address of Company/City _ FORT WORTH TEXAS Contact Person GREG STERN Telephone Number including Area Code 8 2. Name of Company/City CITY OF ARLINGTON Address of Company/City 2400 SOUTHWEST GREEN OAKS Contact Person MARK CECERE Telephone Number including Area Code 817 459 5944 3. Name of Company/City CITY OF BEDFORD Address of Company/City 1813 RELINACE PKY BEDFORD TEX S Contact Person RUSSELL HOWARD Telephone Number including Area Code 10. The successful bidder shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of the City of Colleyville. 11. The apparent silence of specifications as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. 12. PREFERENTIAL REQUIREMENT: The City of Colleyville, as a governmental agency of the State of Texas, may not award a contract for general construction, improvements, services, or public works projects or purchases of supplies, materials, or equipment to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state which the nonresident's principal place of business is located (Article 601g V.T.C.S.). Bidder shall answer the following questions by encircling the appropriate response or completing the blank provided. 1. Is your principal place of business in the State of Texas? / Yes No 2. If the answer to question #1 is "yes", no further information is necessary, if "no " please indicate: a) Which state is your principal place of business is located: CITY OF FORT WORTH A 817 952 2100 Page No. 7 Bid Number 01-UTILITY-2008 Bidders Initials ~. b) If that state favors resident bidders (bidders in your state) by some dollar increment or percentage: Yes No c) If "yes" what is the dollar increment or percentage? 13. INSURANCE REQUIREMENTS: Except as otherwise specified in this contract, the contractor and his/her subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work, insurance coverage with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City of Colleyville. It shall be the responsibility of the contractor and any subcontractors to maintain adequate insurance coverage and to assure that all subcontractors are adequately insured at all times. Failure of the contractor and his/her subcontractors to maintain adequate coverage shall not relieve him of any contractual responsibility or obligation. CERTIFICATES OF INSURANCE : At the time of the execution of this contract and each subcontract, but in any event prior to commencing work at the job site, the contractor and his/her subcontractors shall furnish the City with certificates of insurance as evidence that the policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall state the City as an additional insured where applicable. The certificates shall provide that any company issuing an insurance policy for the work under this contract shall provide not less than 30 days advance notice in writing of cancellation, non-renewable or material change in the policy of insurance. In addition, the contractor shall immediately provide notice to the Finance Director upon receipt of notice of cancellation of an insurance policy or decision to alter or terminate any insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied including certification that policies are of the "occurrence" type. The City reserves the option to extend this contract for two additional one-year periods with any successful Bidder by mutual agreement between the Bidder and the City. Page No. 8 Bid Number 01-UTILITY-2008 Bidders Initials CITY OF COLLEYVILLE UTILITY DEPARTMENT WATER METER SPECIFICATIONS FOR 5/8" X 314" THROUGH 2" SIZE METERS SCOPE 1.1 This specification covers the procurement of new unused displacement and multi jet type water meters for cold water service; nominal size 5/8" x 3/4", 3/4", 1 ", 1-1/2", and 2" for use in non-corrosive water. GENERAL DESCRIPTION 2.1 Water meters to be furnished under this specification shall be nutating-disc, oscillation-piston or multi-jet type with magnetic drive and sealed registers. The meters bid shall be manufactured in the United States of America. The manufacturer shall be required to have manufactured meters of a similar or like type for a period of at least ten (10) years. The model bid shall have been in continuous service for a minimum of five (5) years with no major design changes. The detailed requirements for these meters are included in this specification. CONTROLLING SPECIFICATIONS 3.1 Unless stated otherwise, the water meters to be furnished shall equal or exceed the requirements of American Water Works Association (AWWA) Standard C700-95 for Cold Water-Displacement Type or AWWA C708-96 for Cold Water Meters-Multi-Jet Type with particular reference to flow capacity, pressure loss, accuracy and physical dimensions. No other type meters will be accepted. SPECIFIC REQUIREMENTS 4.1 Main case Outer cases shall be made of a copper alloy equaling or exceeding the AWWA standard C-700 or C-708 with separate inner chambers. All external bolts and nuts shall be made of high strength copper alloy or stainless steel. The size and model number of the meter and the direction of flow shall be cast in raised letters on the outer surface of the case. A manufacturer's serial number shall bedry-stamped or molded on both the meter casing and the register lid. 1-1/2" and 2" meters shall have flanged connections and be furnished with drop-in or "ear" type gaskets with bolts and nuts. Laying length shall be 7-1 /2" for 5/8" x 3/4" and 3/4" meters, 10-3/4" for 1 "meters, 13" for 1-1 /2" meters, and 17" for 2" meters. Page No. 9 Bid Number 01-UTILITY-2008 Bidders Initials 4.2 Registers The meter registers shall be of the straight reading type with a minimum of five (5) numbering wheels and shalt register in gallons. The figures on the number wheels shall be large and distinct not less than 3/16" high. The 10 and 100 gallon wheels shall have a black background with white numbers with the remaining wheels being white with black numbers. There shall be a test index circle which shall be divided into 100 equal parts, with each tenth numbered. The index circle shall be equipped with a center sweep test hand and the first register wheel shall indicate the sweep hand revolutions. The register shall include a leak detector indicator. The year of manufacture and meter size shall be shown on the face plate. Should the date of manufacture be coded, the vendor shall submit, with the bid proposal, the decoding information. The registers shall be hermetically sealed. If the register is not encapsulated, attachment to the meter shall be accomplished by fixing the register to the upper part of the Main case in a tamper-proof manner. The separate register cases or register retaining rings used for this purpose shall be of a copper alloy of similar or like composition to the Main case. However, any method used for securing the register to the Main case shall employ a latching mechanism that cannot be easily defeated with commonly available tools nor will disengage through jostling while being transported. The register shall be protected by a copper alloy lid which shall be recessed to overlap the register and protect the reading area. The register shall be installed so as to face the inlet side for reading from the street side. All parts of the register shall be made of nonferrous orcorrosion-resistant material. Dials shall be aluminum or porcelain enamel on rust-resistant metal or corrosion- resistant material. The transparent dial covershall be extra thicktempered glass, and shall be securely held in place. The lens shall be installed to as to prevent the ingress of water, moisture, and dirt; providing a sealed chamber to prevent fogging. 4.3 Measuring Chamber Assembly The measuring chamber shall be made of high-grade copper alloy or a suitable synthetic polymer material which equals or exceeds AWWA standards. It shall be secured in a position in the Main case in such a manner that slight distortion of the outer case will not affect the sensitivity or registration of the meter. If designed for use with a nutating-disk element equipped with a thrust roller pin, a suitable provision forcontrolling disc motion must be provided. Disc Roller, chamber partitions, slots or other components of the disc motion control mechanism shall be of non-corrosive material and shall be arranged so that wearing parts may be Page No. 10 Bid Number 01-UTILITY-2008 Bidders Initials `-~:~°' readily renewed. 4.3 Measuring Chamber Assembly (cont.) If designed for use with an oscillation-piston element, the chamber shall be so constructed as to afford easy operation of the piston element, consistent with the accurate measurement. If designed for use with the multi jet element, the measuring chamber shall be a self contained unit firmly seated and easily detached and removed from the main case. The measuring chamber shall be secured in the main case so that the accuracy of the meter will not be affected by any distortion of the main case that might occur when operating with a pressure of less than 150 psi. 4.4 Nutating Disk, Oscillating-piston, or Multi-vaned Rotor Type Assembly The disc and ball, oscillating piston or Multi-vaned rotor assemblies shall be made of hard rubber as near to the density of water as is practicable, or a suitable synthetic polymer material conforming to AWWA standards. The disc and ball assembly shall be precisely machined and fitted accurately in the chamber so that it will operate freely and smoothly. The disc spindle and thrust roller pin shall be a suitable non-corrosive material and shall be smoothly machined and fitted accurately in the measuring chamber so that it will operate freely. 4.5 Intermediate Gear Train The intermediate gear train shall be located either in a cup in the top portion of the meter top case, or in the register cup and completely separated from the water passage and hermetically sealed by the register box. It shall be driven by a magnet on the inside of the Main case. 4.6 Strainers Each meter shall be equipped with a strainer of stainless steel or non-corrosive material. The strainer shall be of sufficient size so as to provide full protection of the inlet stream. It shall fit snugly in the Main case and shall be rigid but easily removable. 5.1 AFFIDAVIT OF COMPLIANCE The manufacturer shall certify that the meters furnished have been made in full compliance with the requirements of this specification and AWWA Standards C700- 95 and C708-96. Page No. 11 Bid Number 01-UTILITY-2008 Bidders Initials 6.1 ACCURACY The manufacturer shall guarantee that all new meters furnished under this specification will meet the required new meter accuracy standards under the provisions of AWWA standards C700-95 and C708-96 for a period of at least one year from the date of receipt and further, will meet AWWA meter accuracy standards for at least fourteen additional years. The only exception is that the low flow tests meet 95% accuracy standards. Certified test results shall be furnished by th.e successful bidder. All repaired, and/or replacement meters or parts shall meet new meter accuracy . requirements and bidder agrees to this condition in this proposal unless an exception is made by the bidder and accepted by the City. 7.1 INSPECTION AND TESTS The vendor shall be responsible for the delivery of all meters in a first-class condition. Inspection and test of meters may be made by the purchaser at the delivery point. Any meter failing to pass such inspection and/or tests shall be returned to the vendor and be replaced by the vendor. The City will be reimbursed $20.00 per meter for all meters failing to pass the accuracy test to cover the cost of testing and handling. 8.1 GUARANTEES The successful bidder shall be required to unconditionally guarantee the accuracy, as outlined in Section 6.1 and freedom from any and all mechanical defects of each new meter furnished under this specification for a period of at least fifteen (15) years or 1,500,000 gallons (whichever occurs first) from the date of receipt of the meter. Meters that fail to meet accuracy or mechanical guarantees during the guarantee period shall be returned to the vendor for replacement or repairs at the expense of the vendor. 9.1 BID PRICES The bidder should offer for consideration his proposed prices as follows: Unit price for the furnishing of meters under these specifications and statement agreeing to the guarantees as outlined herein or any additional features being offered in connection with the guarantees: This unit price should be based on the cost of a new complete water meter, F.O.B. Colleyville, Texas 76034. Page No. 12 Bid Number 01-UTILITY-2008 Bidders Initials 10.1 DELIVERY PENALTIES The successful bidder for the annual supply of water meters will be subject to the following delivery penalties: 1 - 15 days -- NONE 16 - 30 days -- 1 % per day (16th through 30th day) Over 30 days -- Order can be canceled and given to the next low bidder. Penalties on canceled orders will be deducted on the next order placed with that company. 11.1 GENERAL Any exception to or deviations from these specifications should be clearly stated in Bidder's Proposal. Bidder shall also furnish information with his bid as to just what his firm will be willing to furnish in the form of an unconditional warranty, bond or notarized statement by a qualified responsible officer of his firm to assure the City that the guarantee quoted and accepted by the City will be honored by the vendor for the periods of time indicated regardless of any changes in personnel or policy in the future. NOTE: QUANTITIES SHOWN ARE ESTIMATES BASED ON PRIOR YEAR USAGE. THE CITY RESERVES THE RIGHT TO PURCHASE ACCORDING TO ACTUAL NEED AND MAY OR MAY NOT PURCHASE THE ESTIMATED QUANTITIES. Page No. 13 Bid Number 01-UTILITY-2008 Bidders Initials ~_. City of Colleyville, Texas Request for Bid Annual Water Meter Purchase Contract Opens 2:30 PM, local time, May 2l, 2008 Estimated ~ Unit Item Quantity .Description Price 1. ~ 360 each 5/8" x 3/4" 32.50 Water Meters $ Make & Model # MASTER METER TLMJ 2. 10 each 3/4" so, o0 Water Meters $ Make & Model # MASTER METER T.L,MJ 3 550 each 1" . Water Meters 68.00 $ Make & MOdei # MASTER METER TLMJ 4. 1 each 1-1 /2" Water Meters 225.no $ Make & Model ,'~ MASTER METER T.t.MJ 5. 1 each 2° Water Meters z98 , 00 $ Make $t Model # MASTER METER TLMJ TOTAL PRICE OF ALL METERS BID 50123.00 Page No. 14 Bid Number 01-UTILITY-2008 Bidders Initials EXCEPTIONS TO BID: Page No. 15 Bid Number 01-UTILITY-2008 Bidders Initials `~= n ,,, ~ \' ~ City of Colleyville 100 Mltain Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Engineering Department Agenda Date: 06/17/2008 Agenda No.: 4c Controlling Body: City Council Final Action: File Name: Approval of a construction contract with Access Paving, Inc., for the 2008 Sidewalk Improvements, in an amount not to exceed $63,019.00, and authorize the City Manager to execute the contract Attachments: 2008 Sidewalk Improvements Bid Tab.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/17/2008 City Council Title Approval of a construction contract with Access Paving, Inc., for the 2008 Sidewalk Improvements, in an amount not to exceed $63,019.00, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing The Trails, Pathways and Sidewalks Five Year Capital Improvement Program (CIP) was authorized by City Council in January 2006 and provided an annual schedule for sidewalk funding and construction. Sidewalk improvements were designated in certain areas for each of the five consecutive years. On January 15, 2008, Council approved a Colleyville Trails and Sidewalks Committee recommendation to modify the Fiscal Year 2007-2008 list of sidewalk improvement projects. The revised list includes the following locations: • South side of Beverly Drive from Pleasant Run Road to Leta Lane for a distance of 1,150 feet • South Side of Shelton Drive starting at Pleasant Run Road to approximately 285 feet west • South side of Brown Trail, 200 feet east of Walgreens • South side of Kingswood Lane from Riverwalk Drive approximately 70 feet east • North side of Tinker Road from Pleasant Run Road to Emerald Drive Four bids were received by the Engineering Department on June 9, 2008, for the 2008 Sidewalk Improvements. Access Paving, Inc., was the low bidder with a bid of $57,290.00, which includes Alternates 1 and 2. Staff recommends a 10% contingency of $5,729.00 for total approval not to exceed $63,019.00. Staff has verified the contractor's qualifications City of Colleyville Page 1 Printed on 6/13/2008 Agenda Briefing Continued and references and recommends approval of this contract. The contract is not attached due to the size and volume, however, a copy may be viewed in the Engineering Department. Financial Impact It has been determined that funding is available in the sidewalk construction, in the amount of $50,000.00, $13,019.00 is available in the street maintenance fund. 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J V ~ a Z ' ~ ~ \ S v ~ "'~~ City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~, Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-08-1683 File Number: 0-08-1683 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 06/17/2008 Agenda No.: 5a Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 Attachments: Location and Zoning Map Notification List Letters of Opposition Statement of Planning Objectives Zoning Exhibits Ordinance 0-08-1683 History of Legislative File Version: Date: Acting Body: Action Text: 05/12/2008 Planning and Zoning Commission 06/03/2008 City Council 06/17/2008 City Council Title Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the June 3, 2008 meeting. First Reading and Public Hearing Jason Williamson submitted a request to rezone 0.6 acres of land located on the east side of Colleyville Boulevard, south of John McCain Road. The applicant is requesting to rezone the property from AG-Agricultural to CC1-Village Retail. Existing Conditions. The property is currently developed as a single residential lot that contains an existing home. The subject property is currently not platted and is only accessible by a 24 foot common access easement linking the property to Colleyville Boulevard via the properties to the south and southwest of the subject property. Proposed Development. Upon approval of the rezoning request, the subject property will be platted into the existing subdivision called The Gardens, located on the adjacent properties, currently zoned CC1-Village Retail and owned by the applicant, immediately to City of Colleyville Page 1 Printed on 6/11/2008 Agenda Briefing Continued (0-08-1683) the west between the subject property and Colleyville Boulevard. The resulting replat will create a single four acre lot fronting on Colleyville Boulevard that the applicant intends to develop for office and retail uses. The proposed development is shown on the attached site plan submitted by the applicant. The portion of the proposed development that contains the subject property will be utilized for on-site drainage retention and parking. Landscaping and Buffering. Chapter 4 - Landscaping and Buffering in the Land Development Code requires a minimum twenty (20) foot wide green belt of "live plant material of the evergreen variety" which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers, for the entire distance along which the development abuts the residential district, Longwood Estates at Ross Downs, located to the east of the subject property. Additionally, the Land Development Code requires a minimum 8 foot wood or masonry screening fence to be built along the entire length of the property line along which the development abuts the residential district to the east. Lot Sizes. The applicant has submitted an exhibit illustrating the existing property boundaries. The CC1 zoning district requires a minimum lot area of 15,000 square feet, lot width of 150 feet and lot depth of 120 feet. This site does not contain sufficient width, or length, to accommodate the CC1 zoning district development standards. The current lot dimensions are approximately 102 feet from east to west, and 280 feet from south to north. Therefore, the property does not comply with the CC1 lot configuration standards regardless of whether the property fronts to the south or to the west. This deficiency, however, will be addressed upon the proposed platting of the property as described. Master Plan. The Colleyville Master Plan designates the future use of this area for retail type land uses. The proposed rezoning request is in conformance with the land use portion of the Master Plan. Surrounding Development Trends. The surrounding properties represent a variety of zoning districts within the City. The property to the north is zoned ML-Light Industrial and is being redeveloped as a carwash; the property to the south is zoned AG-Agricultural and contains a single family home; the property to the west is zoned CC1-Village Retail and is currently undeveloped, and the properties to the east are zoned PUDC-Planned Unit Development Commercial and PUDR-Planned Unit Development Residential and are developed as single family residences. Public Notification. Staff mailed notices to 18 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received five letters of opposition regarding the request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the rezoning request at the May 12, 2008 meeting by a vote of 5-0. City of Colleyville Page 2 Printed on 6/11/2008 Agenda Briefing Continued (0-08-1683) Summary. The proposed zoning request complies with the Colleyville Master Plan. Although the proposed lot does not meet the CC1 zoning requirement with regard to lot width, the proposed incorporation of this lot into The Gardens subdivision, pending approval of this zoning case, will allow the property to satisfy all CC1 zoning district requirements. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 6/11/2008 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Unique Landscaping Design 7111 Colleyville Blvd Colleyville TX 76034 7111 Colleyville Blvd Rtan-Rtan Enterprises Inc 4424 Young Dr Carrollton TX 75010 7109 Colleyville Blvd # B Unique Landscaping Design & 7111 Colleyville Blvd Colleyville TX 76034 7111 Colleyville Blvd Pecan Creek Village Ctr Ptr 5613 Dtc Pkwy Ste 800 Greenwood Village CO 80111 7101 Colleyville Blvd Rosado, Juan R Etux Marianela 2208 Danielle Dr Colleyville TX 76034 2208 Danielle Dr Kuhn, Alyce 2204 Danielle Dr Colleyville TX 76034 2204 Danielle Dr Hampton, Anthony C Etux Cather 2200 Danielle Dr Colleyville TX 76034 2200 Danielle Dr Hudson, Rocky & Cynthia 7011 Colleyville Blvd Colleyville TX 76034 7011 Colleyville Blvd Gardens Comm Partners Ltd 3930 Glade Rd Ste 108 Colleyville TX 76034 7013 Colleyville Blvd Gardens Comm Partners Ltd 3930 Glade Rd Ste 108 Colleyville TX 76034 7013 Colleyville Blvd Hamraee, Farzin Etux Afsaneh 2209 Danielle Dr Colleyville TX 76034 2209 Danielle Dr Bates, Stephen L Etux Jana 2205 Danielle Dr Colleyville TX 76034 2205 Danielle Dr Devonshire, Patricia L 2201 Danielle Dr Colleyville TX 76034 2201 Danielle Dr Brown, Diana Marie 2302 Still Point Ln Colleyville TX 76034 2302 Still Point Ln Elborai, Adel M Etux Nadia M 2300 Still Point Ln Colleyville TX 76034 2300 Still Point Ln Ramsey, William A Etux Deena A 6918 Meade Dr Colleyville TX 76034 6918 Meade Dr West, Cheryl Ann & Diane Myers 7009 Colleyville Blvd Colleyville TX 76034 7009 Colleyville Blvd Olarte, Guillermo Etux Ligia 6916 Meade Dr Colleyville TX 76034 6916 Meade Dr Gardens Commercial Partners, appli 3930 Glade Rd Ste 108 Colleyville TX 76034 Colleyville Blvd Public hearing notices were mailed on Thursday, May 1, 2008 by Amy Shelley. Signature Letters of Opposition Request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case L-UE3-015 WRIT'T tN (;UMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER TI IAN 5 P.M. ON WEDNESDAY, May 7, X008. As and/or (have the foitowing Print Name and Address, o~r/~Lot, Block and /S~ubdiv~ision: /~ / R I-ni ~ ~ U! /'1./~ is n , r /! ~_ ~+. / /).~ L.~ (an interested citizen), t / W ~ ~T " Signature:t„~~r~LJ1'~'L'c. n~ L,rr}/u ,.n~ (Phone No.1~/T~ ~/. ~~~ Direct questions and mail responses to: Community Development Department City of rollpyviltA 100 Main Street Colleyville, TX 76034 t7. 817.503.1050 F: 817.503.1059 ~-~ ,~ l7tX~.~ _.(/YtC ~ Q u~.~-~ ~7'l-.(21,~.ai --'(/1-'J Gi"-s Request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, May 7, 2008. 'i Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) ~ ~~~~~~ ~~~ ~C-C~v~st ~ ~~ ~`lo~,~~,s C~ayd~t~o~~ . ~~ ~Fve ~c~R hAS n/o ~C~n~m, ~rr~w1-F ~ /r~~t ~~e C~/~j~ ~~ ~<<~ 6uF~~ Jt~u.c,fw-.~ ~~~ ~mp~v~cn~~ ~ J J CU~Ce ~~~~ 1`h~.~ Cc~fy l~ ~.t~1 ~~r~en~ A C u / cue J ~qc fv ~!, (J oC~e vc Cy/~,~-n~ G~ s /S~aF ~ ~ rte 2c c~u ce ,y~v/~t~~- yQ~ue,~ 7 /©~s c/oc~o/~an~~el/c /VE~~sh /,~~h~~. ~ 3 ~ Q~~~ ~~v~~ G~~G-uSp~ce C~/ou. l ~l k~~e~ ~. ~u.e~-f- C C.c. / Oi' ~ S ~4 c ~ U c ~-f' A N GI ,~ .~ a u r /`o,~e ~fi vcc I c.u d yt ~~ ~~'~Nd Arof ~~ ~/Ull1 S i~ ~h~2 ~_ _ ~~ ~LPV`C~D Prin Name and Address, or Lot, Block and Subdivision: ~thoNy ~- C'~,~~R~nrE Amata~/ a a~a '~~N,el/.~ , CQ~~~r~~~~~ , ~x Signature: ~~~~~~ (Phone No.)817• ~~.5. ~~~f' Direct questions and mail responses to: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 O: 817.503.1050 F: 817.503.1059 Request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, May 7, 2008. Procedure to Respond: A a Pro a er within 200 feet of the sub'ect tra or (an interested citizen), I (approve rotes n or ave the following comments) Print Name and Address, or Lot, Block and Subdivision: Si nature: (Phone No.) 6l ! "'Z Z ^ ~~Q g Direct questions and mail responses to: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 O: 817.503.1050 F: 817.503.1059 Dear planning and zoning committee, As a resident of Colleyviile on Danielle Drivel will soon be subject to a car wash, the only 2 story retail center outside of The Village, a commuter train every 20 minutes, and a rail station. I am blessed to be gaining all of this increased noise, auto traffic, lights, smells, increased pedestrian traffic, and loss of privacy right across one fence and small p'~ece of land designated agricultural. Is one piece of property left as a buffer too much to ask? The planning and zoning office has repeatedly assured us, it would never be rezoned to assure a separation between the residential and commercial properties. 1 hope I can trust you to do the right thing for a resident instead of a developer this time. Keep this property zoned agricultural. Thank you, ~~ Jana Bates Request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, May 7, 2008. ,/` dc~'~;YLQ-~4c-~ ~`p C~ ~ u11 .~'~ a .~~y.~-~a-l .a~.r~~c~: r u.`.cci`''~l~ Print Name and Address, or Lot, Block and Subdivision: 7~. 7lQ ~ 34~ Signature: `~"~~~~~ ~ ~G~~J (Phone No.) l7 _ " ' rD~ Direct questions and mail responses to: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 O: 817.503.1050 • F: 817.503.1059 As a~Prope et of the sub'ect tract) r (an interested citizen), I (approve pr tes) and/or (have the following commen ) ~Bt?) X69-0~7~ Request for s ~onirig charge from ACS-IAgricuibural ~ CC1 V Rail on D.a acres oert of tt~ Abesaio~n J. survey toa~r~ed et 7077 Coaeyvillet acs., Crae z-0g- o~~ owner goo o~ ~ subje~e or {an int~ried cit~n), t or henna the ~. Hama ~d Address, or Loot, Block and 5ubd[visior~: ~ as Sy`~ ll~ o,'a"~' L.,r~ . Sipna~bure: ~ t~onn No. g'l ~ X81-a~S'' t0/t0 3~ktd OW3'+I LL9888ptt8 00 ~bt 808L/E0/90 Request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Blvd., Case z-08- 015 As a property owner within 200 feet of the subject tract or (an interested citizen), I protest and/or have the following comments. Name and Address, or Lot, Block and Subdivision: ~e ~ ~ ~~1~ 'ToC ~ to ass y Phone No. ~~ 7- ~ - 3 a ~C ~( Request for a zoning change from AG Agricultural to CC1-~Ilage Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Blvd., Case z-08- -015 Signature: Phone No. ~/ ~ ~ ~ ~ ~ S~3 6 ~ As a property owner within 200 feet of the subject tract or (an interested citizen), I protest and/or have the following comments. Name and Address, or Lot, Block and Subdivision: Statement of Planning Objectives GARD~.NS COMM~.RCIAL PARTNERS' LTD. April 11, 2008 Ciry of Colleyville Community Development Dept. Mr. Ron Ruthven 100 Main Street Colleyville, TX 76034 RE: The Gardens of Colleyville -Statement of Planning Objectives Dear Mr. Ruthven, To comply with the City of Colleyville's Master Plan, Rland Properties is proposing to rezone .695 acres from Ag to CC1 to add to our existing acreage currently zoned CCl. Rland Properties is proposing to develop the total of 3.812 acres located at the intersection of TX State Hwy 26 and John McCain Road for commercial retail and office use. The 41,000+ square foot shopping center will be Spanish/Tuscan design with park like settings of lush gardens and landscaping. The use will be mixed leasable space for fine dining restaurants, upscale retail shops and professional offices. The Gardens of Colleyville Thank you for your consideration. Sincerel , K. A. Whitman, President RECEIVE D Gardens Commercial Partners, Ltd. ° . 1501 Hall Johnson Rd. - P.0. Box 69 - Colleyville -Texas - 76034 Office 817.571.9800 -Fax 817.540.4459 Per ..•••••••-••° www.rlandproperties.com The Gardens of Colleyville Development Schedule The below development schedule is an estimated timeline to the best of applicant's knowledge. Task Name Start Finish Start site work 7/1 /08 11 /3/08 Stake out for Buildin and Utilities 7/2/08 7/4/08 Install sewer lines 7/2/08 7/11 /08 Install water lines 7/14/08 7/18/08 Install lines 7/17/08 7/22/08 Utili storm work 7/21/08 7/25/08 Install ease tra s 7/22/08 7/28/08 Buildin Construction 10/1/08 2/3/09 Site Pavin 1 /28/09 2/3/09 Construction finish 2/09 RECElVEr Per ............. The Gardens of Colleyville Economic Development Information Totals .ft. of Buildin Area 41,350 s .ft. Leases ace 38,057 s .ft. Estimated sales er s .ft. $380 Estimated sales er ear $14,461,660 Estimated Ad Valorem taxes er ear $131,273.47 RECEIVED Per ............. 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J 6F- yy~.... Si~.. _ i ~ !y~ 1 ~ 1 W~ .. .o ifl-._..._.. ~ q; .. ~ ' -~ OL :b i J el- ,~. ....n ~~- ~ ~. O i Ni •1 ^ b ~ O ~ ~ a.._ - -- - -~ ~ b i I _ /$q v w\ / I ~ f i ...~ _... _ - ~ r ~~~~ i `~ ~:_____. _ .. ~ o~~~ ~~ Pa ~ i ~gRm$ ...7..! /J~ II b rc ~ ti£ -q l~ 1 .oz ~ f ~ ~, ...rii i_..ol- ,\ o~ ,, ,,\ ~,~' r ~ ,, ~o~ a ~ ~ ~i~`~ o ~ ~ ~ ~~>> ~~W~~ ~t c 2 ? A ~ C ~ ~.\` \ j ~ `I + ~ m ,r~ ~O ~ ~ ~ ~ ~ ~ 1 ~ ~l $ '" ~~ ~ ~~~~~~~ a z W W >8 a;h^~ Qa~=~~ z#ka:a ~~~~~~ ~~ ~~^w~~ $ a S~$dhU ~4~?~~ ~~~~~oo ~" ~ ~`~. a ~~ s~~~~ 0 oa ~~ ~~~~ L m Q £Jd'TTX8 - 31.I21M2i3~O - HO1- HO~RI 'Wd £T~iZ~i 8002/OT/b'6nnp•ue~d a~!S-LSZ90\~aUS ~old\s6uinne~a\6uuaaw6u3\LSZ900Z\9002\as~paxiW\uor~npo~d\:~ ORDINANCE 0-08-1683 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 0.6 ACRES ON TRACTS 3D1 AND 3E1, ABSTRACT 963 OF THE ABSALOM J. SURVEY, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO CC1-VILLAGE RETAIL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-08-015; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-1683 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 0.6 acres on Tracts 3D1 and 3E1, Abstract 963 of the Absalom J. Survey from the AG-Agricultural zoning district to the CC1-Village Retail zoning district, as depicted in the attached Exhibit "A", and described in the attached Exhibit "B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-08-1683 Page3of3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map EXHIBIT "B"-Legal Description THE GARDENS AT COLLEYVILLE PROPERTY DESCRIPTION BEING a tract of land situated in the Absalom J. Lott Sunray, Abstrac# Na. 9ti3, City of Calleyviile, Tarrant County, Texas, being all of that certain tract of land as described by deed to Cynthia D. Hudson, recorded in Volume 11338, Paga 812, Deed Records, Tarrant County, Texas and being ail of that certain trail of land as described by deed to Rocky Aian Hudson, recorded in Volume 10491, Page 714, Deed Records, Tarrant County, Texas, said tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod with orange cap stamped "Moak Sure Inc," found for the northwest comer of said Hudson's #ract, the northeast comer of that certain tract of land as described by deed to Gardens Commercial Partners, Ltd., recorded in County Clerk's Document No. D207153199, Deed Records, Tarran# County, Texas, in the south line of Lot 1R2, Block 1, Tropicana Fuels Addition, an addition to the City of Colleyvtlle, according to the plat recorded in Cabinet A, Slide 5398, Plat Records, Tarrant County, Texas; THENCE South 89°33'06" East (S 89°29' E Deed), with the north line of said Hudson's tract, with the south line of said Lot 1 R2, Bkx~C 1, Tropicana Fuels Addition, a passing distance of 80.89 feet to a 112" iron rod found for the southeast corner of said Lot 1R2, Block 1, Tropicana Fuels Addition, being the most westerly southwest comer of Lot 6, Block 9, Longwood Estates at Ross Downs Phase V, an addition to the City of Calleyville, according to the plat recorded in Cabinet A, Slide 2704, Plat Records, Tarrant County, Texas, continuing with north line of said Hudson's tract, with the a south line of said Lot 6, Block 9, Longwood Estates Addi#ion for a #otal distance of 1115.04 feet (105.00' Deed) to a 112" iron rod found for a re-entrant corner of said Lot 6, Block 9 and tieing in a west line of said Longwood Estates Addition; THENCE South 00°55'08" West {S 01°47'40" W Deed}, with the east line of said Hudson's tract, with a west line of said Longwood Estates Addition, a passing distance of 269.87 feet to the southwest comer of Lot 13, Block 8 of said Longwood Estates Addition, continuing with the east tine of said Hudson's tract for a total distance of 291.65 feet (291.5' Deed} to an 1" pipe found for the southeast comer of said Hudson's tract, the northeast corner of that certain tract of land as described by deed to Cheryl Ann West, Diana West Myers and Douglas F. Myers, recorded in County Clerk's Document No. D206035360, Deed Records, Tarran# County, Texas; THENCE North 89°27'39" West {N 88°31' W Deed} ,with the south line of said Hudson's tract, with the north line of said Myers trail, a distance of 102.68 fee# (105.00' Deed} to a 518" iron rod found for the southeast comer of aforementioned Gardens Commercial Partners tract and being the southwest comer of said Hudson's tract; THENCE North 00°27'17" East (N 01°47'40" E Deed), with the west line of said Hudson's tract and with the east line of said Gardens Commercial Partners trail, a distance of 291.48 feet (289.8' Deed) iv the POINT OF BEGINNING and containing a calculated area of 30,280 square feet or 0.695 acres of land. i.ll .q City Hall "' ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~;.°,~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-08-1684 File Number: 0-08-1684 File Type: Ordinance Status: First Reading Version: 1 Requester: Community Development Department Agenda Date: 06/17/2008 Agenda No.: 6a Controlling Body: City Council Final Action: File Name: Approval of an amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding vehicle sign set back from street right-of-way, Case G-08-024 Attachments: Proposed Amendment to Prohibited Signs Ordinance 0-08-1684 History of Legislative File Version: Date: Acting Body: Action Text: 06/17/2008 City Council Title Approval of an amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding vehicle sign set back from street right-of-way, Case G-08-024 Explanation First Reading and Public Hearing This item was presented for discussion at the May 6, 2008 Pre Council meeting. Staff was directed to bring forward an amendment to the Land Development Code, Sign Regulations, repealing Section 7-215(D) Prohibited Signs -Vehicle Signs for City Council consideration. Section 7-215(D) in the Land Development Code restricts signs on vehicles that are parked within 40 feet of a public right-of-way where the intent of parking the vehicle is to utilize the sign to advertise to traffic within the public right-of-way. Section 7-215(D) -Prohibited Signs states: "No vehicle containing a sign that is large enough to be discernable from a public right-of-way shall be parked within forty (40) feet of a public right-of-way where the intended purpose is its use as a sign for the subject matter displayed on the vehicle." Responding to the Pre Council meeting discussion, staff recommends repealing this section due to the complexities of enforcing the ordinance given the numerous types of signs found on vehicles and the fact that the ordinance does not differentiate between the types of signs allowed or the length of time a vehicle may be parked within 40 feet of a public right-of-way. For example, vehicles with signs that are painted or glued on the side of the vehicle are much different from a truck or van with a large banner sign affixed to the vehicle. Additionally, determining the "intention", as stated in the ordinance, of whether or not a vehicle with a sign is purposely being used to advertise a business or product along the side of a street, is difficult to interpret, as well as enforce. City of Colleyville Page 1 Printed on 6/11/2008 Agenda Briefing Continued (0-08-1684) Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 6/11/2008 Proposed Amendment to Prohibited Signs . -. The signs described in this Section shall be prohibited within the corporate limits of the City of Colleyville. A. Off-Premises Sians -Off premises signs, including billboards, are prohibited in the City of Colleyville, except where specifically allowed by these regulations. B. Obscene Sians - It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter. C. Portable Signs - No person shall erect or allow to be displayed on the premises owned or controlled by him a portable sign. No person shall attach any sign to a trailer, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. A temporary sign allowed by these regulations may be constructed on skids where there is no opportunity for the sign supports to be installed in the ground. E. Roof Sign -Signs mounted on roofs or above a parapet are not permitted. F. Painting Marking Attaching Materials to Streets Sidewalks, etc. - No person shall attach any sign, whether consisting of paper, plastic, or paint, or stencil or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, whether public or private, utility pole, public building, fence or structure except as allowed by the sign code. G. Attachina Signs to Fences or Utility Poles - No person shall attach a sign to a fence or a utility pole, except a small sign identifying the name of the fence company not discernable from the street. H. Moving and Flashing Signs - No person shall erect or allow to be displayed upon premises owned or controlled by him any illuminated, animated, moving or flashing sign. Exception: Only a sign, which has illumination, that is turned on and off, changes in light intensity, color or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature, only shall not constitute a flashing sign. I. Balloons and Inflatable Advertising - No person shall erect or allow to be displayed as a sign, any balloon, flag, pennant or other floating or inflatable advertising device anchored to the ground or to any other structure, except as allowed by a grand opening sign permit. J. Non-Combustible Material -Any sign with either direct or indirect illumination which is attached to the sign shall be constructed of non-combustible materials. Such signs shall be supported by non-combustible supports. Proposed Amendment to Prohibited Signs K. Simulation of Traffic Control Signs - No sign shall obstruct the free and clear vision at any location, where as a result of the position, size, movement, shape, color, fashion, manner or intensity of illumination or any other characteristics, such sign may interfere with vehicular or pedestrian traffic. Nor shall any person erect or allow to be displayed upon premises owned or controlled by him any sign in such a manner as to interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal, or device, including, without limitation, signs making use of the words "stop," "go," "look," "slow," "danger," or any other similar word, phrase, symbol or character, or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. L. Non-Defined Signs - No person shall erect or allow to be displayed upon premises owned or controlled by him any sign that is not specifically allowed by this Chapter. ORDINANCE 0-08-1684 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 7, SIGN REGULATIONS, SECTION 7-215 -PROHIBITED SIGNS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; 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 sign ordinance by amending the Special Purpose Sign Districts and Regulations; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, all statutory and legal prerequisites for the passage of this ordinance have been met. 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 Chapter 7 -Sign Regulations, of the Land Development Code, is hereby amended to amend Section 7-215 -Prohibited Signs as shown in the attached as Exhibit "A". Sec. 3. THAT all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Colleyville, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty or nolo contendere, or dismissal. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall upon conviction be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Ordinance 0-08-1684 Page 2 of 2 Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT the effective date of this ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" • r • :• • The signs described in this Section shall be prohibited within the corporate limits of the City of Colleyville. A. Off-Premises Signs -Off premises signs, including billboards, are prohibited in the City of Colleyville, except where specifically allowed by these regulations. B. Obscene Signs - It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter. C. Portable Signs - No person shall erect or allow to be displayed on the premises owned or controlled by him a portable sign. No person shall attach any sign to a trailer, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. A temporary sign allowed by these regulations may be constructed on skids where there is no opportunity for the sign supports to be installed in the ground. D. Roof Sign -Signs mounted on roofs or above a parapet are not permitted. E. Painting, Marking, Attaching, Materials to Streets, Sidewalks, etc. - No person shall attach any sign, whether consisting of paper, plastic, or paint, or stencil or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, whether public or private, utility pole, public building, fence or structure except as allowed by the sign code. F. Attaching Signs to Fences or Utilitv Poles - No person shall attach a sign to a fence or a utility pole, except a small sign identifying the name of the fence company not discernable from the street. G. Moving and Flashing Signs - No person shall erect or allow to be displayed upon premises owned or controlled by him any illuminated, animated, moving or flashing sign. Exception: Only a sign, which has illumination, that is turned on and off, changes in light intensity, color or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature, only shall not constitute a flashing sign. H. Balloons and Inflatable Advertising - No person shall erect or allow to be displayed as a sign, any balloon, flag, pennant or other floating or inflatable advertising device anchored to the ground or to any other structure, except as allowed by a grand opening sign permit. I. Non-Combustible Material -Any sign with either direct or indirect illumination which is attached to the sign shall be constructed of non-combustible materials. Such signs shall be supported by non- combustible supports. J. Simulation of Traffic Control Signs - No sign shall obstruct the free and clear vision at any location, where as a result of the position, size, movement, shape, color, fashion, manner or intensity of illumination or any other characteristics, such sign may interfere with vehicular or pedestrian traffic. Nor shall any person erect or allow to be displayed upon premises owned or controlled by him any sign in such a manner as to interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal, or device, including, without limitation, signs making use of the words "stop," "go," "look," "slow," "danger," or any other similar word, phrase, symbol or character, or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. K. Non-Defined Signs - No person shall erect or allow to be displayed upon premises owned or controlled by him any sign that is not specifically allowed by this Chapter. i.ll ' ..~ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyvil le.com File Number: 0-08-1685 File Number: 0-08-1685 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 06/17/2008 Agenda No.: 6b Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding Real Estate Open House Sign Regulations, Case G-08-022 Attachments: Proposed Amendments to Open House Sign Regulations Ordinance 0-08-1685 History of Legislative File Version: Date: Acting Body: Action Text: 06/17/2008 City Council Title Approval of an amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding Real Estate Open House Sign Regulations, Case G-08-022 Explanation First Reading and Public Hearing This item was presented at the May 6, 2008 Pre Council meeting. Upon discussion, City Council directed staff to bring forward an amendment to the Open House Sign Regulations in the Land Development Code Amending Section 7-190 Weekend Builder/Real Estate Open House Signs. Based on the discussion from this meeting, staff proposes the following changes: (1) prohibiting open house signs within 25 foot visibility triangles at street intersections, (2) reducing the number of signs that may be displayed for a single property from three to two signs and, (3) requiring all open house signs to include the open house address, open house date(s), and open house public viewing time(s). In an effort to better understand any hardships the ordinance might create for area realtors, staff held an informational meeting at the Colleyville Center on Thursday, April 17, 2008. Realtors registered with the Building Inspection Department within the last two years were sent copies of the proposed changes and invited to attend the meeting and express their comments. Nine realtors were notified of the meeting, four realtors attended. Concerns were expressed regarding the amount of time open house signs may be displayed during the weekend (the proposed ordinance stated open house signs could only be posted two hours before and after an open house event). City of Colleyville Page 1 Printed on 6/11/2008 Agenda Briefing Continued (0-08-1685) These concerns have been addressed by maintaining the current time restriction of 12:00 noon Friday to 12:00 noon the following Monday. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 6/11/2008 Proposed Open House Signs Regulations -Section 7-190 K. Weekend Builder /Real Estate Open House Suns -The purpose of Weekend Builder /Real Estate Open House Signs is to assist the general public by providing direction to available residential properties in Colleyville. Signs that advertise developments located outside the corporate limits of Colleyville shall be prohibited. 1. Definition Open House• A means of advertising and marketing a property that is for sale. A period o~ time during which a builder developer or real estate agencv markets the home by invitingbu~ers in or~ublic viewi~ to see the interior without making an appointment. Weekend builder /real estate open house signs may be placed on private property or in the public right-of--way with the approval of the adjacent property Max. Area owner, provided the advertiser has a valid annual permit required by these 6 s. f. regulations. Signs placed within the public right-of--way shall be situated not ~ more than five (5) feet from the right-of--way line and shall be no closer than three (3) feet from the edge of the sign to the edge of the street pavement. No weekend builder /real estate open house sign shall block vehicular visibility. Weekend Builder and Approval of an annual permit does not grant unlimited access or use of the Real Estate Open House Sign public right-of--way, therefore, it shall be the responsibility of the builder, owner, or real estate agency to secure permission of the property owner for placement of the signs on private property or in the adjacent street right-of--way. Open house suns shall not boosted within visibility triangles No sign shall be located or placed where it obstructs the vision ~ motor vehicle drivers approaching any street intersection. At all street intersections clear vision shall be maintained across the lot for a distance of twenty-eve (25'Lfeet back from the property corner along both streets Within this triangle vision shall be_ clear at elevations between thirty inches LO ") and nine feet (9') above the average curb grade. A builder, developer, or real estate agency must be registered with the City of Colleyville to qualify and participate as a weekend advertiser or for open house signs. An annual permit is required for each builder, developer or real estate agency, which shall expire on December 31 each year. The permit fee shall be established by separate ordinance approved by the City Council. Note: For purpose of this regulation a real estate agency shall be defined as the real estate broker or owner holding a franchised agency. 4. A weekend builder /real estate open house sign shall not exceed six (6) square feet in area and four (4) in height. No sign shall be placed on trees, utility poles, traffic control signs or within a street median or encroach over a sidewalk. 5. Maximum number of Weekend Builder Signs: The maximum number of signs displayed at any one time for a weekend builder shall not exceed twenty (20) signs for any subdivision. 6. Maximum number of Real Estate Open House Signs: vvu ... v...J ~....~ ...b...,, Y_... _~_~ ___ _____ _ The maximum number ~ si ng s displayed at any one time for a real estate agencv shall not exceed twent~(20~ signs provided no more than two ~2) Slgns shall be displayed within the right-o -way • or anLsinQle residential property One (1) on-site open house sign shall be located on the premises o the open house or property identification The sign shall be in accordance with the men house sign maximum effective area ~eci~cations The house shall be open for a public viewing to see the interior without makin~an appointment for the entire period during which open house signs advertise the property. Real estate open house signs shall be limited to directing traffic to an open house. All open house signs shall include the open house address, open house date(s), and open house public viewing time(s). Open house viewing times shall refer to the availability of the public to view the interior of a home without making an appointment. The information shall be located on the advertising surface of the sign and shall not be attached to the pole of the sign. 7. Except as noted, these signs may be exhibited from 12:00 noon on Friday till 12:00 noon on the following Monday. A holiday falling on a Friday or a Monday will be considered as part of the weekend. 2 ORDINANCE 0-08-1685 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 7, SIGN REGULATIONS, SECTION 7-190(K) -WEEKEND BUILDER / REAL ESTATE OPEN HOUSE SIGNS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; 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 sign ordinance by amending the Special Purpose Sign Districts and Regulations; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, all statutory and legal prerequisites for the passage of this ordinance have been met. 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 Chapter 7 -Sign Regulations, of the Land Development Code, is hereby amended to amend Section 7-190(K) regarding Real Estate Open House Signs to read as shown in the attached as Exhibit "A". Sec. 3. THAT all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Colleyville, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty or nolo contendere, or dismissal. Ordinance 0-08-1685 Page 2 of 2 Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall upon conviction be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT the effective date of this ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" Amendment to Section 7-190(K) -Weekend Builder /Real Estate Open House Signs K. Weekend Builder /Real Estate Ooen House Sions -The purpose of Weekend Builder /Real Estate Open House Signs is to assist the general public by providing direction to available residential properties in Colleyville. Signs that advertise developments located outside the corporate limits of Colleyville shall be prohibited. 1. Open House Sign Definition: A means of advertising and marketing a property that is for sale. A period of time during which a builder, developer, or real estate agency markets the home by inviting buyers in for a public viewing to see the interior without making an appointment. 2. Weekend builder /real estate open house signs may be placed on private property or in the public right-of-way with the approval of the Max. Area adjacent property owner, provided the advertiser has a valid annual 6 s. f. permit required by these regulations. Signs placed within the public ~ right-of-way shall be situated not more than five (5) feet from the right-of- way line and shall be no closer than three (3) feet from the edge of the sign to the edge of the street pavement. No weekend builder /real Weekand~Builder estate open house sign shall block vehicular visibility. Approval of an Real Estate Open House Sign annual permit does not grant unlimited access or use of the public right- of-way, therefore, it shall be the responsibility of the builder, owner, or real estate agency to secure permission of the property owner for placement of the signs on private property or in the adjacent street right-of-way. Open house signs shall not be posted within visibility triangles. No sign shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of twenty-five (25') feet back from the property corner along both streets. Within this triangle, vision shall be clear at elevations between thirty inches (30") and nine feet (9') above the average curb grade. 3. A builder, developer, or real estate agency must be registered with the City of Colleyville to qualify and participate as a weekend advertiser or for open house signs. An annual permit is required for each builder, developer or real estate agency, which shall expire on December 31 each year. The permit fee shall be established by separate ordinance approved by the City Council. Note: For purpose of this regulation a real estate agency shall be defined as the real estate broker or owner holding a franchised agency. 4. A weekend builder /real estate open house sign shall not exceed six (6) square feet in area and four (4) in height. No sign shall be placed on trees, utility poles, traffic control signs or within a street median or encroach over a sidewalk. 5. Maximum number of Weekend Builder Signs: The maximum number of signs displayed at any one time for a weekend builder shall not exceed twenty (20) signs for any subdivision. 6. Maximum number of Real Estate Open House Signs: The maximum number of signs displayed at any one time for a real estate agency shall not exceed twenty (20) signs, provided no more than two (2) signs shall be displayed within the right-of-way for any single residential property. One (1) on-site open house sign shall be located on the premises of the open house for property identification. The sign shall be in accordance with the open house sign maximum effective area specifications. The house shall be open for a public viewing to see the interior without making an appointment for the entire period during which open house signs advertise the property. Real estate open house signs shall be limited to directing traffic to an open house. All open house signs shall include the open house address, open house date(s), and open house public viewing time(s). Open house viewing times shall refer to the availability of the public to view the interior of a home without making an appointment. The information shall be located on the advertising surface of the sign and shall not be attached to the pole of the sign. 7. Except as noted, these signs may be exhibited from 12:00 noon on Friday till 12:00 noon on the following Monday. A holiday falling on a Friday or a Monday will be considered as part of the weekend. 1\ ~~/ ~, n ~ (p; City of Colleyville 100 Main Street ~~ ` Colleyville, Texas 76034 ;;°:^ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-08-1686 File Number: 0-08-1686 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 06/17/2008 Controlling Body: City Council Requester: Police Department Agenda No.: 6c Final Action: File Name: Adopting the annual budget for Fiscal Year 2009 (FY2009) of the Colleyville Crime Control and Prevention District (CCCPD) Attachments: FY 2009 CCCPD Budget.pdf Ordinance 0-08-1686.pdf History of Legislative File Version: Date: Acting Body: Action Text: 06/17/2008 City Council Title Adopting the annual budget for Fiscal Year 2009 (FY2009) of the Colleyville Crime Control and Prevention District (CCCPD) Explanation First Reading and Public Hearing In accordance with the Local Government Code, the Colleyville Crime Control and Prevention District (CCCPD) Board, which is comprised of active City Councilmembers, shall propose an annual budget. The budget must contain a complete financial statement, including a statement of outstanding obligations; the amount of cash on hand; the amount of money received by the district during the previous year; the estimated amount of money available to the district; the amount of money needed to fund approved programs; the amount of money requested for programs that were not approved; the tax rate for the next fiscal year; the amount of the balances expected at the end of the year in which the budget is being prepared; and the estimated amount of revenues and balances available to cover the proposed budget. This budget was presented to the CCCPD Board of Directors at their meeting June 17, 2008. Financial Impact The CCCPD's projected revenue for FY 2009 is $1,374,529 including a draw down of available cash of $299,402 and expenditures of $1,173,441. Proposed expenditures are: Administrative board and audit expenses $ 1,850 Software and printer for Police identification cards $ 4,980 Police Software Annual Maintenance Contract $ 45,000 Four (4) police officers $ 291,955 Teen Court program $ 38,765 City of Colleyville Page 1 Printed on 6/13/2008 Agenda Briefing Continued (0-08-1686) Four (4) replacement police vehicles and ancillary equipment $ 136,900 One (1) replacement administrative investigations vehicle with ancillary equipment $ 17,470 Protective parking awnings for police fleet vehicles $ 45,000 Replacing one-third of existing hand-held radios $ 30,000 Mobile digital computer replacement fund $ 15,000 Two (2) portable radar traffic safety signs $ 9,500 Three (3) portable accident-scene speed bumps $ 1,350 Four (4) automated external defibrillators $ 10,500 Ten (10) traffic barriers for Community Services events $ 2,350 40 traffic cones for Community Services events $ 1,900 Twelve (12) Patrol rifle sighting systems $ 4,200 Replacement of two (2) computer servers $ 14,000 Debt service $ 502,721 Recommendation Approval City of Colleyville Page 2 Printed on 6h3/2008 COLLEYVILLE CRIME CONTROL DISTRICT FY 2009 BUDGET FISCAL YEAR BEGINNING FUND BALANCE REVENUES: 1/2 CENT SALES TAX REVENUE INTEREST INCOME USE OF AVAILABLE CASH TOTAL REVENUES PROJECTED 2008 $898,441 PROPOSED 2009 $889,044 EXPENDITURES: ADMINISTRATIVE BOARD/AUDIT EXPENSES: STATE REQUIRED POLICE ID CARDS SOFTWARE AND PRINTER FOR POLICE ID CARDS POLICE SOFTWARE ANNUAL MAINTENANCE CONTRACT PERSONNEL: POLICE OFFICERS: 3 OFFICERS - FY 2008 / 4 OFFICERS - FY 2009 TEEN COURT CAPITAL - VEHICLES: REPLACEMENTS -FOUR PATROL VEHICLES AND EQUIPMENT REPLACEMENT-ONE INVESTIGATIONS/ADM. VEHICLE NEW -PATROL VEHICLE AND EQUIPMENT NEW -TWO MOTORCYCLES AND RADIOS EQUIPMENT: OPTICOM UPGRADE FOR POLICE VEHICLES SECURITY SOFTWARE UPGRADE FOR MOBILE DATA COMPUTERS REPLACEMENT -HAND HELD RADIOS (1/3) PROTECTIVE PARKING LOT AWNINGS 2 PORTABLE RADAR TRAFFIC SAFETY SIGNS 3 PORTABLE ACCIDENT-SCENE SPEED BUMPS 4 AUTOMATED EXTERNAL DEFIBRILLATORS (AEDs) 10 TRAFFIC BARRIERS FOR COMMUNITY SERVICES EVENTS 40 TRAFFIC CONES FOR COt•4MUNITY SERVICES EVENTS 12 PATROL RIFLE SIGHTING SYSTEMS REPLACEMENT(2)COMPUTER SERVER DEBT SERVICE: 1999 CERTIFICATES OF OBLIGATION / 2006 REFUNDING DEBT TRANSFERS: CAPITAL EQUIPMENT REPLACEMENT FUND - IN-CAR MOBILE DIGITAL COMPUTER SYSTEM TOTAL EXPENDITURES EXCESS REVENUES OVER EXPENDITURES ENDING FUND BALANCE $1,024,395 $25,000 $209,996 $1,259,391 $1,055,127 $20,000 $299,402 $1,374,529 $850 $1,850 $1,500 $0 $0 $4,980 $0 $45,000 $212,370 $291,955 $36,750 $38,765 $144,980 $136,900 $0 $17,470 $42,750 $0 $47,000 $0 $16,000 $0 $10,094 $30,000 $0 $0 $o $0 $0 $0 $0 $0 $0 $30,000 $45,000 $9,500 $1,350 $10,500 $2,350 $1,900 $4,200 $14,000 $501,498 $502,721 $15,000 $15,000 $1,058,792 $1,173,441 $200,599 $201,088 ' $889,044 $790,729 ' MUST HAVE A 1.4 TIMES COVERAGE RATIO ($201,088) FOR DEBT SERVICE PAYMENT ORDINANCE 0-08-1686 AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR FISCAL YEAR 2009 FOR THE COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009, A COPY OF SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO BECOME EFFECTIVE UPON PASSAGE BY THE CITY COUNCIL WHEREAS, the laws of the State of Texas require the Board of Directors of the Colleyville Crime Control and Prevention District to adopt a budget of projected revenues and proposed expenditures, cash on hand at the start of the year, the amount of money received during the prior year, the tax rate and the projected ending fund balance; and WHEREAS, on June 17, 2008, the Board of Directors of the Colleyville Crime Control and Prevention District approved the following budget; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting 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. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT the budget for the fiscal year beginning October 1, 2008 and ending September 30, 2009 for the Colleyville Crime Control and Prevention District, a copy of which is on file in the office of the City Secretary, is hereby made a part of this ordinance by reference and is hereby approved and adopted by the City Council of the City of Colleyville, Texas, as the official budget for the fiscal year beginning October 1, 2008 and ending September 30, 2009 and that the City Manager is authorized to execute all contracts and agreements approved as a part of the budget. Sec. 3. THAT the budget of the fiscal year beginning October 1, 2008, and ending September 30, 2009, for the Colleyville Crime Control and Prevention District with a sales and use tax rate of .5%, is hereby fixed as follows: Projected Revenue Received in Fiscal Year 2008 $1,259,391 Ordinance 0-08-1686 Page 2 of 2 Projected Cash on Hand as of October 1, 2008 Revenues Expenditures Ending Fund Balance at September 30, 2009 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2008. The second reading and public hearing being conducted on the 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary $ 889,044 $1,374,529 $1,173,441 $ 790,729 CITY OF COLLEYVILLE: David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: day of day of Matthew C.G. Boyle City Attorney ~~~, City of Colleyville City Hall ~ 100 Main Street Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-08-2978 File Number: R-08-2978 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 06/17/2008 Agenda No.: 7a Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of appointments to the Colleyville Economic Development Corporation (CEDC) Board Attachments: Colleyville Economic Development Corporation (CEDC) Board Roster.pdf Colleyville Economic Development Corporation (CEDC) Bylaws Excerpt.pdf Resolution R-08-2978.pdf History of Legislative File Version: Date: Acting Body: Action Text: 06/17/2008 City Council Title Consideration of appointments to the Colleyville Economic Development Corporation (CEDC) Board Explanation Reading and Public Hearing As per the Articles of Incorporation of the Colleyville Economic Development Corporation (CEDC) Board, if a member of the City Council ceases to be a Councilmember, such event shall constitute an automatic resignation as a director and such vacancy shall be filled in the same manner as other vacancies. The terms of Councilmembers Jon Ayers, Rich Hendler and Tom Hart have expired; therefore, it will be necessary to appoint three (3) Councilmembers to serve as members of the CEDC Board for a term consecutive with their term on the City Council. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 6/12/2008 Colleyville Economic Development Corporation PRESIDENT David Kelly 905 Inwood Lane Colleyville, TX 76034 W: 817.410.3715 H: 817.656.1862 F: 817.410.3716 kelly~ci.colleyville.tx. us TERM: June 2007 -May 2010 VICE PRESIDENT Tom Hart 1717 Avondale Colleyville, TX 76034 W: 817.975.3671 H: 817.540.1171 F: 817.835.0392 hartt@ci.colleyville.tx.us TERM: June 2006 -May 2008 DIRECTOR Greg Appel 404 Lloyd Circle Colleville, Texas 76034 W: 817.706.4484 H: 817.428.1337 gappelR~sbcglobal.net TERM: September 2007 - 2009 DIRECTOR Yvonne Gilliam 2007 Tarrant Lane Colleyville, Texas 76034 H: 817.424.2679 F: 817.424.2678 publicity(a)entertainmentpr.com TERM: September 2007 - 2009 DIRECTOR James Spriggs 2505 Highland Meadows Drive Colleyville, TX 76034 H: 817.329.0103 F: 817.329.0103 carsprigg~verizon.net TERM: September 2007 - 2009 DIRECTOR Jon Ayers 4808 Meandering Way Colleyville, TX 76034 W: 817.267.9009 H: 817.267.1630 F: 817.318.0663 M: 972.571.6647 ayersiCa~ci.collewille.tx.us TERM: June 2006 -May 2008 DIRECTOR Rich Hendler 2100 Highland Meadows Colleyville, TX 76034 W: 817.421.8165 H: 817.421.8164 F: 817.421.9062 M: 817.821.0005 hendlerr@ci.colleyville.tx.us rihendler(a)dow.com TERM: June 2006 -May 2008 FINANCE MANAGER Terry Leake 503 Springbranch Drive Keller, TX 76248 W: 817.503.1015 H: 817.379.5014 F: 817.503.1019 leaket@ci.colleyville.tx.us Revised 09-19-2007 GENERAL MANAGER Bill Lindley 2402 Broadoak Way Colleyville, TX 76034 W: 817.503.1116 H: 817.410.2338 F: 817.501.1129 IindleywCcr)ci.colleyville.tx.us SECRETARY Cynthia Singleton 100 Main Street Colleyville, TX 76034 W: 817.503.1133 H: 817.488.1011 F: 817.503.1139 singletonc(a~ci.collewille.tx.us Revised 09-19-2007 CEDC BYLAWS EXCERPT In the fulfillment of its corporate purpose, the Corporation shall be governed by the Act, and shall have all of the powers set forth and conferred in Section 4B of the Act, and in other applicable laws, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. ARTICLE II. BOARD OF DIRECTORS SECTION 1. NUMBER AND TERM OF OFFICE. A. The property and affairs of the Corporation shall be managed and controlled by a Board and, subject to the restrictions imposed by law, by the Articles and these Bylaws, the Board shall exercise all of the powers of the Corporation. B. The Board shall consist of seven (7) directors, each of whom shall be appointed by the City Council. Each of the directors shall be a resident of the City. C. Four (4) members of the first Board shall serve terms of one (1) year and three (3) members shall serve terms of two (2) years. The respective terms of the initial directors shall be determined by the City Council. Thereafter, each successive member of the Board shall be appointed and serve for two (2) years or until a successor is appointed as hereinafter provided. Three (3) directors shall be persons who are not employees, officers of the City or members of the City Council. D. Any director may be removed from office by the City Council at will. A vacancy of any director's position which occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be filled by the City Council. SECTION 2. VACANCIES AND RESIGNATIONS. A vacancy in any position of director which occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be filled as prescribed in Article II, Section 1. A vacancy in the office of President or Vice President which occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be filled by election by the Board, from the remaining directors, for the unexpired portion of the term of that office. Any director may resign at any time. Such resignation shall be made in writing, addressed to the Mayor and the City Secretary, and shall take effect at the time Amended 08/23!05 _2_ RESOLUTION R-08-2978 A RESOLUTION APPOINTING MEMBERS TO THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS WHEREAS, in accordance with Articles of Incorporation of the Colleyville Economic Development Corporation (CEDC) if a member of the City Council ceases to be a Councilmember, such event shall constitute an automatic resignation as a director and such vacancy shall be filled in the same manner as other vacancies; and WHEREAS, three (3) Councilmember's terms have expired. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Councilmembers , and shall be appointed to serve on the Colleyville Economic Development Corporation Board of Directors for a term concurrent with their term on the City Council. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ,~~~ ~'~`~ ~ City of Colleyville 100 Main Street 4~-~~;~~ Colleyville, Texas 76034 ~~ ~ ~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-08-2979 File Number: R-08-2979 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 06/17/2008 Agenda No.: 7b Status: Resolution Controlling Body: City Council Final Action: File Name: Approval of changing the dates of regular City Council meetings in November 2008 and March 2009 Attachments: Resolution R-08-2979.doc History of Legislative File Version: Date: Acting Body: Action Text: 1 06/17/2008 City Council Title Approval of changing the dates of regular City Council meetings in November 2008 and March 2009 Explanation Reading and Public Hearing In accordance with the City Charter, the City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule. The City Council meetings are normally held the first and third Tuesday of each month except when those dates may conflict with an event or holiday. The City Council may consider changing the dates of City Council meetings as follows: The first regular City Council meeting November 4, 2008 to Wednesday, November 5, 2008, due to the National Election The second regular City Council meeting March 17, 2009 to Tuesday, March 24, 2009, due to Grapevine-Colleyville Independent School District spring break Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 6/10/2008 RESOLUTION R-08-2979 A RESOLUTION CHANGING THE DATES OF REGULAR CITY COUNCIL MEETINGS IN NOVEMBER 2008 AND MARCH 2009 WHEREAS, in accordance with the City Charter, the City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule; and WHEREAS, historically, the City Council meetings are held the first and third Tuesday of each month, except when those dates may conflict with an event or holiday. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the first regular City Council meeting of November 2008 will be held Wednesday, November 5, 2008. Sec. 2. THAT the second regular City Council meeting of March 2009 will be held Tuesday, March 24, 2009. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~ `_" l ~~-~ ~t~p~ ~ City ~f CO~~eyV~~ a City Hall 100 Main Street '~ ~~• Colleyville, Texas 76034 ~_~~~~, Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-08-2980 File Number: R-08-2980 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 06/17/2008 Agenda No.: 7c Status: Resolution Controlling Body: City Council Final Action: File Name: Approval to amend and replace Resolution R-07-2859, adopting Rules of Procedure for Council meetings pursuant to the authority granted in Section 3.096 of the City Charter and establishing an effective date Attachments: Resolution R-08-2980.pdf History of Legislative File Version: Date: Acting Body: Action Text: 06/17/2008 City Council Title Approval to amend and replace Resolution R-07-2859, adopting Rules of Procedure for City Council meetings pursuant to the authority granted in Section 3.096 of the City Charter and establishing an effective date Explanation Reading and Public Hearing During the May 30, 2008 City Council Worksession, City Council identified sections of the City Council Rules of Procedure to consider for modification. The proposed modifications include adding subsection 4.8 to Section IV. Conduct of Meetings, to address requests for City Council to read statements into the public record as part of a City Council agenda item, and revising Section VII. Procedures for City Council Appointments, subsection 7.2, to address the process for advertising open positions on boards, commissions and committees. This item provides for City Council to review and consider approval of the proposed modifications to the City Council Rules of Procedures. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 6/10/2008 RESOLUTION R-08-2980 A RESOLUTION AMENDING AND REPLACING RESOLUTION R-07-2859 ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS PURSUANT TO THE AUTHORITY GRANTED IN SECTION 3.096 OF THE CITY CHARTER AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Charter of the City of Colleyville authorizes the City Council to determine its own rules and order of business; and WHEREAS, the City Council has been elected by the Public to represent all the citizens on their behalf; and WHEREAS, orderly Council meetings providing reasonable Council and citizen input; foster good government and honor the democratic process; and WHEREAS, unlimited discussion and input can project a perspective inconsistent with the majority will and beyond the right of the minority regarding matters of public policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: SECTION I. FINDINGS 1.1 THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. PRIOR RESOLUTIONS 1.2 THAT by the passage of this Resolution, Resolution R-08-2980, is hereby amended in its entirety and as provided for herein. AUTHORITY 1.3 THAT Section 3.096 of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business...". Further, Section 2.01 of such Charter provides that the "City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter may be granted to a Home Rule City by the Constitution and State law, together with all implied Resolution R-08-2980 Page 2 of 2 powers necessary to carry into execution all such powers granted". In order to provide the framework for the execution of these powers and authority, the Rules of Procedure set forth in the attached Exhibit "A" are hereby adopted, which exhibit is incorporated herein by reference, and shall be in effect upon their adoption by the City Council and until such times as they are amended or new rules adopted in the manner provided for by these rules. SECTION II. REPEAL 2.1 THAT this Resolution repeals previous Rules of Procedure and becomes effective after the meeting adopting Resolution R-08-2980. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ABSTENTIONS, THIS THE AYES, NAYS AND DAY O F 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Exhibit "A" CITY OF COLLEYVILLE CITY COUNCIL RULES OF PROCEDURES SECTION I. AUTHORITY 1.1 Section 3.0913 of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business...". Further, Section 2.01 of such Charter provides that the "City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter may be granted to a Home Rule City by the Constitution and State law, together with all implied powers necessary to carry into execution all such powers granted". In order to provide the framework for the execution of these powers and authority, the following set of rules shall be in effect upon their adoption by the City Council and until such times as they are amended or new rules adopted in the manner provided for by these rules. SECTION II. GENERAL RULES 2.1 Meetings to be Public. All meetings of the City Council shall be open to the public, with the exception of Executive Session. 2.2 City Council. For purposes of these rules, the collective membership of the Mayor and City Councilmembers shall be known as the City Council. Individually, each shall be referred to as Mayor or Councilmember. 2.3 Quorum. Four (4) voting members of the City Council shall constitute a quorum. 2.4 Minutes of Meetings. An account of all proceedings of the City Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the City Council. The Official City Council Minutes are action minutes and provide the action taken by the City Council and a summary of subjects discussed. Proposed Rules of Procedure May 2008 Rules of Procedure Page 2 of 12 2.5 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any Councilmember may require a division, if the question reasonably admits of a division. Division shall be required only on the affirmative vote of three (3) Councilmembers. If no division. is so requested and approved, or the questions do not reasonably admit of a division, the question shall be submitted as originally framed. 2.6 City Manager. The City Manager shall attend all City Council meetings unless expressly excused. The City Manager may make recommendations to the City Council and take part in all discussions of the City Council, but shall have no vote. 2.7 City Attorney. The City Attorney shall attend all regular meetings of the City Council unless expressly excused and, shall upon request, give an opinion, either written or oral, on questions of law during the meeting. The City Attorney shall act as the City Council's Parliamentarian. The City Attorney shall give an opinion, either written or oral, on questions of law to the City Manager or designated representative, during the course of daily affairs of the City. The City Attorney may make recommendations to the City Council and take part in all discussions of the City Council, but shall have no vote. The City Attorney shall confer and discuss with a Councilmember or the Mayor regarding a question of law pertaining to the affairs of the City. In such event, the City Attorney shall advise the City Manager of the question posed and information provided. The City Manager shall forward the information to the full City Council as soon as reasonably practical. 2.8 Citv Secretary. The City Secretary shall attend all meetings of the City Council unless expressly excused, and shall keep the official minutes and perform such other duties as may be requested by the City Council. 2.9 Employees. Any employee of the City, when requested by the City Manager, shall attend any meeting of the City Council and, if requested to do so by the City Manager, such employee may present information relating to matters before the City Council. The City Manager will determine the staff spokesperson for providing information, for a particular agenda item, at the City Council meeting. 2.10 Suspension of Rules. Any provisions of these rules not governed by State law, the City Charter, or City Code may be temporarily suspended by a majority vote of all Councilmembers present and eligible to vote. Proposed Rules of Procedure June 2008 Rules of Procedure Page 3 of 12 2.11 Executive Session. All matters discussed in Executive Session, as authorized by the Texas Open Meetings Act, may be deemed confidential and by law, participants authorized to attend Executive Sessions are not required to make public disclosure concerning the matters discussed in Executive Session. It shall be the policy of the City Council, that the Mayor, individual Councilmembers, the City Manager, City Attorney, City Secretary and others who are authorized to attend Executive Sessions shall not make selective disclosure of confidential matters, where the disclosure of the information has not been released to the general public and/or where such disclosure provides an unfair advantage to the recipient or would be detrimental to the City and its citizens. For the opening and closing of an Executive Session, the Mayor shall do such at the location as noted on the official agenda notice posted in compliance with the Texas Open Meetings Act. For purposes of regular agenda meeting postings, the opening and closing of an Executive Session shall be done in the Executive Conference Room of City Hall. SECTION III. TYPES OF MEETINGS 3.1 Regular Meetings. The City Council shall meet in the City Hall on the first and third Tuesday of each month at 5:30 p.m. unless otherwise officially established by the City Council. The City Council shall take a vote at 12:00 a.m. on whether or not to continue a meeting for additional time if further items are on the agenda and have not been considered. The call for and conduct of all meetings of the City Council, both regular and special as provided in Section 3.2 hereof, shall be in accordance with State law. 3.2 Special Meetings. Special meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager. The call for a special meeting shall be documented and filed with the City Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all Councilmembers are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, shall list the subject or subjects to be considered and a Public Notice shall be posted at least 72 hours before the meeting is scheduled to begin. In accordance with State law, the notice to the public of an emergency meeting must be posted at least two hours before the meeting is scheduled to begin. An emergency meeting exists only if immediate action is required of a governmental body because of an "imminent threat to public health and safety" or a "reasonably unforeseeable situation". 3.3 Recessed Meetings. Any meeting of the City Council may be recessed to a later time provided that no recess shall be for a longer period than until the next regularly scheduled City Council meeting. Proposed Rules of Procedure June 2008 Rules of Procedure Page 4 of 12 3.4 Worksession Meetings. Worksession meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager for the purpose of discussing in depth, investigating or exploring matters of interest to the City, without formal action being taken thereon by the City Council. The time, place, and purpose of such worksession meeting shall be stated in a notice complying with the Texas Open Meetings Act. Such worksession meetings may be held in any appropriate location outside the City Hall upon concurrence by any three (3) Councilmembers or as determined by the City Manager. Such worksession meetings may include, but shall not be limited to, meetings with neighboring governmental bodies or agencies, meetings with one of the City's appointed boards, commissions or committees, meeting with civic organizations or a meeting for Councilmembers to research, evaluate, explore, investigate or discuss any matter of interest or possible action affecting the City, subject to compliance with the provisions of the Texas Open Meetings Act. The City Council may establish regular worksession meetings immediately prior to regular Tuesday meetings. In conjunction with the regularly scheduled City Council meeting, a Pre City Council worksession shall be held at 5:30 p.m. unless otherwise officially established by the City Council. The agenda for the Pre City Council worksession shall include, among other items: routine reports, issues that the City Manager seeks direction or clarification on and additional items scheduled for the agenda of the regular agenda for that evening. No official action shall be taken at any worksession meeting, unless a regular or special meeting is called as provided for in these Rules. SECTION IV. CONDUCT OF MEETINGS 4.1 Presiding Officer. The Mayor, if present, shall preside at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both Mayor and Mayor Pro Tem, the City Council shall elect a Councilmember to preside. 4.2 Call to Order. The meetings of the City Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro Tem. In the absence of both Mayor and Mayor Pro Tem, the meeting shall be called to order by the City Secretary. 4.3 Preservation of Order. The Mayor shall preserve order and decorum, prevent clash of personalities or the impugning of Councilmembers' motives to occur and confine Councilmembers in debate to the question under discussion. Proposed Rules of Procedure June 2008 Rules of Procedure Page 5 of 12 4.4 Points of Order. The Mayor shall determine all points of order, subject to the right of any Councilmember to appeal to the City Council. If any appeal is taken, the question shall be "Shall the decision of the Mayor be sustained?" 4.5 Questions to be Stated. The Mayor shall state all questions submitted for a vote and announce the result. 4.6 Substitution for Mayor. The Mayor may call the Mayor Pro Tem, or in the Mayor Pro Tem's absence, any other Councilmember to take the Mayor's place in the chair, such substitutions not to continue beyond adjournment. 4.7 Amendment to the Minutes. Amendments to the Minutes are made by a motion during the item to consider approval of the minutes. The Minutes are action minutes and provide the action taken by City Council and a summary of subjects discussed. If a Councilmember desires that certain information be included in the minutes, the Councilmember shall state prior to the information, "For the record". If it is a lengthy statement, a written copy shall be provided to the City Secretary. 4 8 Written Correspondence. A citizen's request in the reading of a statement into the public record as part of a City Council agenda item is at the sole discretion of any member or all of the governing body The City Council is not obligated to provide for a reading of correspondence into the public record on behalf of an absent individual as part of a City Council public hearing The Citv Council any or all Councilmembers, may elect to provide for a reading of the correspondence make reference indicating the general position of the correspondence or pass over the correspondence. The correspondence is provided to City Council and is included in the City Council agenda packet. SECTION V. AGENDA 5.1 Preparation of Agenda. A. The order of business of each meeting shall be as contained in the City Council agenda prepared by the City Manager. The agenda shall be a listing by topic of subjects to be considered by the City Council, and, in the case of regular meetings, shall be delivered to the City Council not less than 72 hours preceding the Tuesday evening meeting to which it pertains. Proposed Rules of Procedure June 2008 Rules of Procedure Page 6 of 12 B. Any member of the City Council desiring to present a subject for City Council consideration shall advise in writing to the City Manager of the fact not later than 4:30 p.m. on Wednesday preceding regular City Council meetings. Subject matter will be accompanied by a summary regarding the purpose for the inclusion of this subject on the agenda. C. Items Omitted from Agenda. Any item not appearing on the agenda shall not be taken up for discussion as a matter of City Council business during a regular meeting unless it is of an emergency nature and comes to the City's attention too late to appear on the agenda. Such special, urgent or emergency issues shall be posted in compliance with the Texas Open Meeting's Act and the City Charter and may be added as a supplemental item to the regular agenda. The regular agenda items shall be considered in the following order: 1. Pre Council - 5:30 p.m. -Executive Conference Room 2. Executive Session - 5:30 p.m. -Executive Conference Room 3. Call to Order - 7:30 p.m. -Council Chambers 4. Invocation 5. Pledge of Allegiance 6. Resolution or Ordinance taking action on Executive Session items 7. Correspondence, Miscellaneous Reports of meetings attended by Council and City Officials and Announcements, Proclamations and Presentations 8. Consent Items 9. Public Hearings 10. Citizen Comments/Presentations regarding items not on the agenda 11. Staff Reports 12. Reports of Advisory Boards, Commissions and Committees (to include monthly status reports on all project/development committees currently operating, in writing) 13. Resolution Approving City Council Action not otherwise approved 14. Adjournment D. The general order of a Public Hearing shall be: a. Staff presentation -five minutes b. Open Public Hearing c. Applicant introductory presentation -five minutes d. Citizen comments -five minutes each (Large groups supporting the same position may be asked to select a representative to speak for the group) e. Applicant presentation -ten minutes f. Close Public Hearing g. City Council discussion and vote Proposed Rules of Procedure June 2008 Rules of Procedure Page 7 of 12 h. In the alternative, the item may be continued to a future meeting of the City Council: 1. If the City Council wishes to consider additional public testimony, the public hearing shall be reopened and the public hearing and item shall be continued to a date certain. 2. If the Public Hearing is not open and continued to a date certain, the City Council may only conduct an additional public hearing upon publication of notice in accordance with Chapter 211 of the Local Government Code. E. The City Manager shall provide the City Council with a written analysis of and recommendation of items to be acted on by the City Council at its meetings. These communications shall be generally referred to as agenda packets. The agenda packets for alt regular meetings shall be delivered to the City Council by the Friday preceding the Tuesday regular meeting to which it pertains, unless an emergency condition makes it necessary to deliver the communication on a subsequent day. F. The City Secretary shall post notices of all City Council meetings in order to afford compliance with the Texas Open Meetings Act. 5.2 Consent Agenda. In preparing the agenda, the City Manager shall give consideration to the number and degree of complexity of items to be considered by the City Council for the purpose of conserving the City Council's time in meetings. Items which are anticipated to be routine and require little or no discussion by the City Council shall be listed under the agenda category styled "Consent Items". Prior to taking up the Consent Agenda, the Mayor shall determine if there are any items thereon which should be removed from the Consent Agenda for discussion. Any Councilmember may, upon request, remove any item from the Consent Agenda for discussion and separate action. Thereafter, all remaining Consent Agenda items may be acted upon by a single motion approving the Consent Agenda. Items removed from the Consent Agenda shall be considered on the ending Resolution, which is for action not otherwise approved. 5.3 Oral Presentations by City Manager. Matters requiring the City Council's attention or action which may have developed since the deadline for delivery of the agenda packets may, upon approval of the City Council, and after satisfying the requirements of the Texas Open Meetings Act, be presented orally by the City Manager, or designated staff. Proposed Rules of Procedure June 2008 Rules of Procedure Page 8 of 12 5.4 Citizen Participation at Meetings. A. Presentations by citizens must be confined to the agenda item being considered and any questions will be directed to the Mayor. Citizens wishing to speak shall be allowed to speak, provided prior to the consideration of the item, said person completes and delivers to the City Secretary a Speaker's Card providing name, address and topic. A person who has not completed the Speaker's Card prior to discussion of the item on the agenda shall not be allowed to speak. Presentation by citizens shall be limited to a time period of not more than five (5) minutes with two (2) additional minutes to conclude, at the option of the Mayor or the consent of the City Council, for each speaker. Any time spent by the City Council will not be counted against the citizen's time allotment. No person shall speak more than the time limits provided herein on any subject. That privilege shall not be accorded unless there is an exception supported by a majority of those eligible to vote. The Mayor shall not be obligated to recognize a speaker for a second comment on a subject until all others have spoken and there is unused time available. B. Following a request by a Councilmember, the Mayor may request that the City Council suspend the rules to allow citizens to speak after the public hearing has been closed. C. To maintain decorum, the Mayor shall recognize persons who have completed speaker cards indicating a desire to address the City Council. D. As a general rule, citizens may not participate in discussions of the City Council except when recognized by the Mayor and during citizen presentations, public hearings and as otherwise provided for in these Rules. E. Citizens may speak on items not on the agenda under the item "Citizen Comments/Presentations Regarding Items Not On The Agenda". The presentation time period is as listed herein Section 5.4A. SECTION VI. DECORUM AND DEBATE 6.1 When a measure is presented for consideration to the City Council, the Mayor shall recognize the appropriate Councilmember to present the case, as needed. When two or more Councilmembers wish to speak, the presiding officer shall name the Councilmember who is to speak first. No member of the City Council shall interrupt another while speaking except to make a point of order or to make a point of personal privilege. No Councilmember shall speak more than five (5) minutes on any amendment to the question except as further provided in this section. Proposed Rules of Procedure June 2008 Rules of Procedure Page 9 of 12 6.2 No Councilmember shall speak more than the time limits provided herein on any subject or amendment, and such Councilmember may use his/her time in any combination, in separate speech or comments totaling the number of minutes permitted. The Mayor shall not be obligated to recognize any Councilmember for a second comment on the subject or amendment until every Councilmember wishing to speak has been allowed a first comment. Councilmembers shall also have the right to yield a portion of time to another Councilmember. 6.3 Any Councilmember deciding to speak more than ten (10) minutes on any question or more than five (5) minutes on any amendment to the questions shall be accorded the privilege unless there is an objection supported by a majority of those eligible to vote of the City Council. 6.4 Questions from speakers to the City Council with request for an immediate answer, except the applicants and persons representing applicants on platting or zoning cases, shall be prohibited. A Councilmember's questions to speakers should be to specific individuals and the Mayor should explain to those individuals beforehand that they may come to the podium and answer if they choose to; but, they cannot offer additional unsolicited input or engage in question and answer sessions with Councilmembers. 6.5 Any Councilmember desiring to speak shall be recognized by the Mayor, and shall confine remarks to the subject under discussion or to be discussed. No Councilmember shall be allowed to speak more than once on any one subject until every Councilmember wishing to speak shall have spoken. 6.6 No Councilmember shall be permitted to indulge in personalities, use language personally offensive, impugn motives of Councilmembers, charge deliberate misrepresentation, or use language tending to hold a member of the City Council, the public or City staff up to contempt. 6.7 The Mayor shall not permit unrecognized speaker's comments or allow a member of the audience to indulge in personalities, use language tending to hold the City Council, the public or City staff up to contempt. 6.8 If a Councilmember is speaking or otherwise transgressing the rules of the City Council, the Mayor shall or any Councilmember may call him/her to order in which case he/she shall immediately be quiet unless permitted to explain. The City Council shall, if appealed to, decide the case without debate. If the decision is in favor of the Proposed Rules of Procedure June 2008 Rules of Procedure Page 10 of 12 Councilmember called to order, he/she shall be at liberty to proceed, but not otherwise, and if the case occurs, he/she shall be liable to censure or such punishment as the City Council deems proper, consistent with City Ordinances, Resolutions and Charter. 6.9 Any individual of the public who shall disrupt the City Council proceedings or disregard the Mayor shall first be warned of such offense and be requested that they refrain from disrupting the proceedings and/or disregarding the instructions of the Mayor. Any individual of the public failing to honor the first warning of the Mayor for order, shall receive a second and final warning prior to expulsion and/or citation for disturbing a public meeting pursuant to State law. When the Mayor fails to maintain order and decorum, the Councilmembers may compel the Mayor to enforce this provision following due parliamentary procedure, which affirms such compulsion by a majority vote of the City Council. SECTION VII. PROCEDURES FOR CITY COUNCIL APPOINTMENTS The following procedures are for making appointments to boards, committees and commissions established by ordinance or resolution. Appointments to ad hoc committees and task forces established by resolution should not necessarily be bound by the same procedures, but may be done in a manner appropriate to the situation as deemed proper by the City Council. The City Council shall set the quorum for a committee. The City Council shall vote whether the committee selection will be handled by the rules of procedures or by slate. 7.1 Announce the position(s) to be filled. In the announcement, define the duties of the position(s), define the term of the position and request that applications be formally submitted to the City Council by a specific deadline. This announcement should be made at least 30 days prior to the deadline for submission of applications and should be placed in the local newspaper, posted at City Hall, on the website and placed in the Colleyville Communicator (if timely). 7.2 Upon review of the Applications for Appointment, City Council will determine if interviews shall be conducted. If Council desires, interviews will be conducted prior to a City Council meeting, which may be subject to the Texas Open Meetings Act or be conducted in Executive Session. If no applications are received or fewer applications than open positions, the City Council may fill positions from the floor or reauest the City Secretary to advertise the open position(s), S~ In the event of a vacancy other than an expiring term, the City Council may fill Proposed Rules of Procedure June 2008 Rules of Procedure Page 11 of 12 the position by a majority vote of the City Council without advertising. The appointee shall serve the unexpired term. 7.3 The candidates will be selected to fill the open positions no later than the second City Council meeting after the deadline for application submission, in the following manner: A. If more than one position is to be filled, consider the appointment for each position individually in the order selected by the Mayor, as follows: B. The Mayor shall open the floor for nominations and if there are no nominations, the Mayor will call on each Councilmember for a nomination. C. Councilmembers or the Mayor may decline to make a nomination if previous nominations are acceptable. D. After each Councilmember has had an opportunity to make a nomination or defer to make a nomination, the Mayor will take a vote on the slate of nominees by asking each Councilmember to state the name of the nominee that the Councilmember votes to appoint to the position under consideration. E. Return to Step B and repeat the process for the next position to be filled until all positions are filled. SECTION VIII. MEMORIALS The following procedures are for honoring deceased current or former City elected officials, deceased sitting board, commission or committee members, Colleyville Firefighters or Police Officers who die while in service with the City and other firefighters or police officers employed by other cities. 8.1 Recognition of the death of a current or former City elected official. When the City is notified of the death of a current or former elected official, the Office of the City Manager will coordinate a donation, in honor of the official, in the amount of $75.00, to the Colleyville Public Library or to a Colleyville City Park, in consideration of the family's preference, and a Proclamation honoring the official and declaring the donation will be presented to the family of the deceased. When the deceased is a sitting Mayor or Councilmember, the elected official's dais seat will be draped in black ribbon for not more than one week prior to the date of the Proposed Rules of Procedure June 2008 Rules of Procedure Page 12 of 12 funeral. In addition, the member's photograph, when available, will be placed with an "In Memoriam" wreath at the front entrance of Colleyville City Hall for a period for up to one week prior to the date of the funeral. When the deceased is a former or current Mayor with a permanent photograph located in the Council Chambers, a permanent black ribbon banner will be added to the photograph frame of the deceased Mayor. At the request of the family of a deceased sitting Councilmember or past or present Mayor, a police and/or fire honor guard will attend immediately prior to the service, if services are held locally. If services are held locally, and the service is requested by the family of a sitting Councilmember or past or present Mayor, the police department will provide a police escort through and within the City. At no time, will City equipment be used for the transport of a casket or in a funeral procession for elected or appointed officials. 8.2 Recognition of the death of a sitting board, commission or committee member. When the City is notified of the death of a sitting board, commission or committee member, the Office of the City Manager will forward a sympathy card to the family. If the deceased was sitting on a board or commission, which regularly meets in the Council Chambers, a dais seat will be draped in black ribbon for not more than one week prior to the date of the funeral. 8.3 Recognition by lowering of the United States Flag. The City is not at liberty to proclaim the Flag of the United States be flown at half-staff in recognition of a City official. Per the United States Code, only the President of the United States or the State Governor can order the flag lowered to half-staff. Consistent with federal code, the City shall lower the Flag of the United States in honor of a Colleyville Firefighter or Police Officer who dies while in service with the City. The Colleyville City Manager, consistent with federal code, may lower the Flag of the United States for other firefighters or police officers employed by other cities. Proposed Rules of Procedure June 2008 n ~, ~ City of Colleyville 100 Main Street ` ~ Colleyville, Texas 76034 ~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 06/17/2008 Requester: Office of the City Agenda No.: 9 Secretary File Name: Reports -June 17, 2008 Attachments: Library Board Minutes -April 14, 2008 Zoning Board of Adjustment Minutes -April 29, 2008 • Library Board Minutes -May 12, 2008.pdf Planning and Zoning Commission Minutes - May 12, 2008 Colleyville Trails and Sidewalks Committee Minutes -May 13, 2008 History of Legislative File Version: Date: Acting Body: Action Text: 1 06/17/2008 City Council Title Library Board Minutes -April 14, 2008 Zoning Board of Adjustment Minutes -April 29, 2008 Library Board Minutes -May 12, 2008 Planning and Zoning Commission Minutes -May 12, 2008 Colleyville Trails and Sidewalks Committee Minutes -May 13, 2008 Controlling Body: City Council Final Action: City of Colleyville Page 1 Printed on 6/12/2008 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES April 14, 2008 1. CALL TO ORDER -Chair Pat Jones called the meeting of the Colleyville Public Library Board to order at 7:10 p.m. ROLL CALL -Members present: Pat Jones, Karen Birkes, Susan Potter, Richard Roxburgh, Mary Alice Rippe and Nancy Bowen Members absent: Steve Isbell Alternates absent: Jerome Davis and Thad Bolline Ex-Officio Members present: Nancy Coplen and Ginny Tigue Ex-Officio Members absent: Mayor David Kelly, Steve Banta, Dr. Larry Darlage and Ret Stansberger Council Liaison absent: Tony Licata Staff present: Mary Rodne and Kelly Cooper II. Approval of March 10, 2008 Minutes - A motion was made by Nancy Bowen and seconded by Mary Alice Rippe to approve the March 10, 2008 minutes. Motion approved unanimously. III. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Rodne distributed Colleyville Public Library Usage Statistics, for review and discussion. In March, patrons had checked out a total of 15,955 items, 78 Colleyville residents registered for library cards, library patron visits totaled 7,567, attendance for programs totaled 1,000 and volunteer hours totaled 215 hours. Rodne noted that the total circulation of library materials this year was 6% higher than the total circulation of library materials last year at this time. b. Donations Director Rodne reported that the Library had received a total of $25 in donations in March. The donations included: $25 from Dennis and Tamara McCain for the purchase of children's books. Rodne also announced that the Library had received notification from the Colleyville Woman's Club informing the Library of their support with a 2007-2008 CWC Circle of Hope Grant in the amount of $6,000 for the purchase of books on CD. It was noted that the Library had submitted an application for the CWC grant in December of 2007, and that the Library would be receiving the Grant funding at the CWC Grants and Awards Luncheon on Friday, May 16, 2008. c. Programs Director Rodne reported that the Youth Services Winter/Spring 2008 programs had ended on April 11, 2008, and that staff continued to work on the Read! Explore! Go Wild! Summer Reading Program. Rodne also noted that the Library would be celebrating National Library Week from April 14 - April 19 and announced that the Library was co-sponsoring a Mad Science program with the Bransford Elementary School in celebration of National TV-Turnoff Week on Tuesday, April 15, 2008, in the Library. Library Director Mary Rodne also reported that she and Adult Services Librarian Erica Gill had attended the 12t" Annual Public Library Association National Conference in Minneapolis, Minnesota, March 26-29, 2008, and presented an overview of the conference programs. Rodne reported that she had attended several excellent sessions that focused on redesigning libraries for today's services. IV. NORTH TEXAS REGIONAL LIBRARY SYSTEM REGIONAL MEETING REPORT -MARCH 31, 2008 Library Director Mary Rodne reported that she attended a North Texas Regional Library System Region 4 Meeting on March 31, 2008, at the Bedford Public Library. Rodne presented an overview of the meeting and noted that the key agenda items included system consulting reports and discussion of the 2009 Plan of Service for NTRLS. V. COLLEYVILLE PUBLIC LIBRARY SPACE REORGANIZATION PLAN DEVELOPMENT UPDATE Director Rodne reported that the Foundation Board had approved the Library Space Reorganization proposal submitted by Sam McBain Mulford of Ideation • Collaborative, at the March 24, 2008, Foundation Meeting and that the consultant was scheduled to come May 12 -May 17, 2008 to start working on the project. Rodne distributed a packet from the consultant that detailed the project activities and timeline. Discussion ensued and after consideration, consensus of the Board was to have the consultant, Sam McBane Mulford launch the project with an overview presentation at the next Library Board Meeting scheduled on May 12, 2008. The Board also agreed that the presentation would be the only agenda item at that meeting. It was also noted that atl Library staff, Library Foundation Board and Friends of the Library members would be invited to attend this meeting for the project overview presentation. VI. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT President Mary Alice Rippe reported that the Friends of the Library had held a meeting on Thursday, April 10, 2008, at 7:00 p.m. in the Library. Rippe elaborated that James Megellas, a local author who wrote the book All the Way to Berlin: a Paratrooper at War in Europe, had been the featured speaker and that his presentation had been very well received by the 40 who attended. Rippe announced that the Friends of the Library would be holding an Annual Meeting on June 24, 2008, at 7:00 p.m. in the upper level of the library, and added that an election of officers would be held at the Annual Meeting. Rippe also confirmed that the Friends were sponsoring a Scholastic Book Fair during the Summer Reading Program the week of June 22 -June 28, 2008. Rippe noted that Scholastic was also providing costume characters which will include favorite children's book characters, Geronimo Stilton and Clifford the Big Red Dog. The characters will be scheduled to make a series of appearances throughout the week. VII. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT Ginny Tigue Foundation Liaison to the Library Board announced that the Foundation Board had approved the Library Space Reorganization proposal submitted by Sam McBain Mulford of Ideation • Collaborative at the March 24, 2008, Foundation Meeting and that the contract details were being finalized. Tigue added that the Foundation was also working on their 2008 annual fundraisers, the mailer, the Race to Read Fun Run scheduled on November 8, 2008 and a Danny Wright Concert. VIII. NEXT MEETING DATE Chair Pat Jones noted that the next Library Board meeting was scheduled on May 12, 2008. IX. SUGGESTED ITEMS FOR FUTURE MEETINGS None X. CITIZEN COMMENTS None XI. ADJOURN: A motion was made by Mary Alice Rippe and seconded by Karen Birkes to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 7:55 p.m. ~. =~~ City of Colleyville ~` ,.i ~~ Minutes -Final r,~., Zoning Board of Adjustment City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, April 29, 2008 7:00 PM City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on April 29, 2008 at 7:00 p.m. 2. ROLL CALL Present: Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky and Jim Gotcher (Alternate 2) Absent: Board member Kevin Sams (Alternate 1) Staff Present: Ron Ruthven 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the March 13, 2008 meeting minutes as written. Board member Reynolds seconded. The motion carried by the following vote: Aye: 5 -Kenney, Reynolds, Moore, Munson, McNosky Absent: 1 -Sams, Alt. 1 5. RECOGNITION OF OUTGOING MEMBERS Chairman McNosky thanked Uton Dellosso for his service on the Board. 6. ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBER Ron Ruthven administered the Oath of Office to new Board member Jim Gotcher. 7. AGENDA ITEMS 7a Case A-08-003- Request for a variance from the regulations of the Colleyville Land Development Code regarding front setback requirements Lot 19, Block D of the Mill Creek Addition located at 212 Mill Wood Drive Ron Ruthven presented the case and briefed the Board members. City of Colleyville Page 1 Printed on tiH1/2008 Zoning Board of Adjustment Minutes -Final April 29, 2008 Chairman McNosky opened the public hearing at 7:07 p.m. Amanda Ho, the applicant, presented the case and briefed the Board members. Ronald Dunlap, the contractor, came forward to speak for the applicant regarding the request. Chairman McNosky questioned Mr. the new balcony would be located? show the placement of the new balcony. Dunlap for clarity regarding where Mr. Dunlap used the drawings to Mr. Dunlap stated the applicant has approval from the Homeowners Association. Board member Kenney stated to the applicant that there has to be a hardship presented that would require the need for the variance. She stated she did not see a hardship for this request. Mrs. Ho stated the new addition is being added to the second floor for her mother to have her own space and that this is the only location for the balcony. Board member Munson questioned Mr. Dunlap if the existing roof would be extended to cover the balcony? Mr. Dunlap's response could not be heard because he did not speak into the microphone. Board member Moore questioned Mr. Dunlap regarding what alternatives are there for this project if the variance is not allowed? Mr. Dunlap's reponse could not be heard because he did not speak into the microphone. Chairman McNosky questioned Mr. Dunlap regarding how many square feet will the balcony contain? Mr. Dunlap replied about 100 square feet. Board member Munson questioned staff regarding what is the minimum lot size for the Mill Creek subdivision? Ron Ruthven replied the minimum lot size is 15,000 square feet. Board member Munson stated the lot size is creating the hardship. Board member Moore questioned Mr. Dunlap regarding what will be supporting the patio? Mr. Dunlap's response could not be heard because he did not speak into the microphone. Mr. Dunlap questioned staff regarding if the 30 foot setback is consistent with the whole neighborhood or just this lot? Ron Ruthven replied the setback is consistent with the neighborhood. There being no one wishing to speak, the public hearing was closed at Cify of Colleyville page p Printed on 6h1/2008 Zoning Board of Adjustment Minutes -Final April 29, 2008 7:20 p.m. Board member Munson stated if the lot where shaped differently, there may not be a need for a variance. He stated there is a hardship due to the configuration of the lot. Board member Reynolds stated the Board has approved a variance in the past regarding the addition of a front porch. Chairman McNosky stated the applicant has covered all of her bases as far as getting approval from the HOA and adjacent neighbors. Board member Reynolds stated he would like to have a copy of the HOA approval letter for the file. Board member Reynolds moved to approve case A-08-003. Board member Kenney seconded. The motion carried by the following vote: Aye: 5 -Kenney, Reynolds, Moore, Munson, McNosky Absent: 1 -Sams, Alt. 1 8. REPORTS AND COMMENTS None 9. ADJOURNMENT The meeting adjourned at 7:27 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, April 25, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on June 10, 2008. City of Colleyville Page 3 Printed on 6/11/2008 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES May 12, 2008 CALL TO ORDER -Chair Pat Jones called the meeting of the Colleyville Public Library Board to order at 7:00 p.m. ROLL CALL -Members present: Pat Jones, Karen Birkes, Steve Isbell, Richard Roxburgh, and Mary Alice Rippe Members absent: Susan Potter and Nancy Bowen Alternates present: Jerome Davis and Thad Bolline Ex-Officio Members present: Ginny Tigue, Nancy Coplen and Ret Stansberger Ex-Officio Members absent: Mayor David Kelly, Steve Banta and Dr. Larry Darlage Council Liaison present: Tony Licata Council Members present: Carol Wollin Staff present: Mary Rodne, Erica Gill, John Schanot, Angela Bailey, Vicki Palmer, Sarah Dyer, Karyn Marshall, Joanne Caniano, Jennifer Britton, Amber Green, Ian Barba, Jeanie Monahan-Nishimoto, Vicki Welch and Kay Bradshaw. Library Foundation Board Members present: Cecilia Monacelli, Robert Glaser, John Orrell, Jean Neisius and Terri Gill Friends of the Library Members present: Vicki Smith Also present: Sam McBane Mulford and Nancy Eytcheson II. PRESENTATION AND DISCUSSION OF COLLEYVILLE PUBLIC LIBRARY SPATIAL REORGANIZATION PROJECT Chair Pat Jones opened the meeting and introduced Library Director Mary Rodne to present the project. Rodne highlighted the motivation for developing a Library Spatial Reorganization Plan and introduced Sam McBane Mulford, Principal Strategist, of the company Ideation Collaborative, to present an overview of the project timeline and activities. Mulford opened with an introduction to Ideation • Collaborative and relevant experience highlights. Next, Mulford provided a detailed explanation of the planning approach and methodology, and concluded with an overview of project deliverables. Mulford noted that this meeting was the first in a series of four project meetings being held during the week. At the conclusion of the presentation, Mulford opened the floor for questions from the Library Board. Discussion ensued. III. CITIZEN COMMENTS There being no more questions from the Board, Chair Pat Jones opened the meeting to comments from citizens in attendance. Discussion ensued. There being no more citizen comments, Chair Pat Jones thanked Sam McBane Mulford for her presentation and called for a motion to adjourn. IV. ADJOURN: A motion was made by Steve Isbell and seconded by Thad Bolline to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 8:25 p.m. - City of Colleyville 100 Main Street 4~` ~~; Colleyville, Texas 76034 Minutes -Final 817.503.1000 .,~s.~ www.colleyville.com Planning and Zoning Commission Monday, May 12, 2008 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE DISCUSSION OF SCHEDULING A WORKSHOP REGARDING GAS WELL DRILLING REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Denis Duffy and Jeff Byerly Absent: Commissioners Michael Clardy and David Phelps Staff: Ron Ruthven, Justin Bass and Jeremy Hutt 2. ROLL CALL 3. INVOCATION The invocation was given by Commissioner Byerly. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the April 28, 2008 meeting minutes as written. Commissioner Knox seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Duffy, Byerly Absent: 2 -Clardy, Phelps City of Colleyville page 1 Printed on 6H0/2008 Planning and Zoning Commission Minutes -Final May 12, 2008 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a request by Mark Allan for a waiver of the tree mitigation requirements in the Land Development Code for Lot 48R1A, Block 4 of the Western Trails Addition, located at 607 Frontier Court, Case G-08-020 Justin Bass presented the case and briefed the Commission. Mark Allan, representing the property owner, came forward to present the case and brief the Commission. Commissioner Duffy questioned Mr. Allan regarding the time it has taken to apply for the tree mitigation? Mr. Allan replied the property owner relied on the contractor to take care of everything and he failed to do so. Commissioner Duffy stated to Mr. Allan that some of the trees that were removed were not out of necessity but for convenience. Mr. Allan stated the retaining wall was not represented on the drawings in the proper location; therefore, those trees were removed for the purpose of the retaining wall. He stated the property owner wanted to save as many trees as possible but the retaining walls did not allow for keeping most of the trees. Commissioner Duffy stated the wall does not go any where near most of the trees that were removed. Commissioner Duffy questioned Mr. Allan regarding if the contractors were aware of the situation when the permits were pulled? Mr. Allan replied he did not know at this point. Commissioner Dudziak questioned Mr. Allan regarding the statement of a hardship, what is the hardship, that they can not afford to plant the trees or that they can not afford the money to mitigate for them? Mr. Allan replied the practical difficulty to replace this amount of trees on the lot given the extent of the trees that have survived. He stated the trees that have remained and the retaining wall will make it difficult to create spots for the trees to be planted. Commissioner Dudziak stated if the planting of the trees is the hardship; the City gives an alternative to mitigate the planting of those trees by paying into the tree mitigation fund. Mr. Allan replied knowing what the code was meant for, however, paying the penalty is a separate issue. Commissioner Dudziak stated it is not a penalty, it is an option. City of Colleyville page 2 Printed on 6/10/2008 Planning and Zoning Commission Minutes -Final May 12, 2008 Commissioner Knox questioned Mr. Allan regarding if the retaining walls required tie backs? Mr. Allan replied yes and he explained the process that was involved with the building of the walls. Commissioner Redfearn questioned Mr. Allan regarding if those trees were taken down without the property owner's knowledge? Mr. Allan's response could not be heard because he did not speak into the microphone. Commissioner Byerly questioned Mr. Allan regarding if the lot is currently for sale? Mr. Allan replied yes. Commissioner Byerly questioned Mr. Allan regarding if the property owners bought the lot to build a house on it? Mr. Allan replied yes, however as a result of the cost of the walls, they have decided not to build on it. Commissioner Redfearn questioned staff regarding if trees are allowed to be removed would they be in the foot print of the building pad? Ron Ruthven replied yes, the setback envelope as well as utility easements. He stated the retaining walls are not considered structures and the retaining walls on this property are outside of the building pad. Discussion occurred between Commissioner Duffy and staff regarding the drawings and the existing trees. Commissioner Duffy questioned Mr. Allan regarding what effect does the Commission's act on the request have to do with the sale of the property? Mr. Allan replied the approval of the application would be helpful in the sale of the property. He stated there are no potential buyers and a resolution for this variance would benefit the current property owner. Commissioner Redfearn questioned staff regarding what surrounds this property? Ron Ruthven replied undeveloped to the sides and across the street is residential as well as behind the lot. Commissioner Dudziak moved to deny case G-08-019. Commissioner Duffy seconded. Commissioner Redfearn questioned staff regarding when would the mitigation payment be collected? Ron Ruthven replied prior to the issuance of the certificate of occupancy for the property. Commissioner Redfearn stated having sympathy to the property owner regarding the construction of the retaining walls. He stated it does seem City of Colleyville Page 3 Printed on 6/10/2008 Planning and Zoning Commission Minutes -Final May 12, 2008 reasonable that some trees would be lost. He stated it would appear the retaining walls were necessary. He stated it does seem that some of the trees were necessary to be removed and others were not. He stated any type of structure can damage oak trees. The motion to deny carried by the following vote: Aye: 4 -Knox, Dudziak, Duffy, Byerly Nay: 1 -Redfearn Absent: 2 -Clardy, Phelps 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 Justin Bass presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding the commercial buffer, how close can a building be built to the residential area? Ron Ruthven replied a 20 foot landscape buffer is required and no impervious cover or structure would be allowed in the buffer area. Commissioner Dudziak questioned if there is a building line in addition to the buffer area? Ron Ruthven replied yes, the building line is 25 feet for commercial zoning districts that abut a residential zoning district. He stated the landscape buffer of 20 feet is required as well. Commissioner Dudziak stated there could be a structure 5 feet outside of the 20 foot landscape buffer. Commissioner Dudziak questioned staff if there is a height restriction for that structure? Ron Ruthven replied the height can be at a maximum 8 feet and it can go up an additional one foot, at a 45 degree angle for every one foot away from the property line. He stated there could be a building of 32 feet if placed 25 feet from the property line. He stated a 35 foot building would be the maximum for this zoning district. Commissioner Redfearn questioned staff regarding if the neighborhood adjacent to this development, Longwood Estates, is zoned PUDC-Planned Unit Development Commercial? Ron Ruthven replied correct, however, the homes are residential as allowed by that PUDC ordinance. Commissioner Redfearn questioned staff regarding if that 20 foot buffer is required even though the properties adjacent to the subject property is zoned PUDC? Ron Ruthven replied yes, the PUDC ordinance allows for that portion to be residential. City Attorney Kallas concurred, the use is City of Colleyville Page 4 Printed on 8/10/2008 Planning and Zoning Commission Minutes -Final May 12, 2008 residential. Commissioner Byerly opened the public hearing at 7:30 p.m. Kip Whitman, applicant, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:40 p.m. Commissioner Duffy moved to approve case Z-08-015. Commissioner Redfearn seconded. Commissioner Dudziak questioned staff regarding how wide is this property? Ron Ruthven replied 102 feet. Commissioner Redfearn questioned staff regarding how is the property currently accessed? Ron Ruthven replied there is a 24 foot access easement that runs along the southern property line adjacent to this development. Commissioner Dudziak questioned staff regarding if that easement will go away with this development? Ron Ruthven replied no, it will remain in place however, the applicant has indicated that it will no longer be needed. Commissioner Dudziak questioned staff regarding if there can be buildings on the access easement? Ron Ruthven replied no. Commissioner Redfearn questioned staff regarding if the access easement is zoned AG-Agricultural or CC1-Village Retail? Ron Ruthven replied currently AG-Agricultural. Commissioner Byerly questioned staff if the subject property would have to be platted once it is zoned? Ron Ruthven replied yes as part of the existing plat, The Gardens. Commissioner Byerly stated this property has been master planned to be commercial. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Duffy, Byerly Absent: 2 -Clardy, Phelps 9. TABLED AGENDA ITEMS City of Colleyville Page 5 Printed on 6/10/2008 Planning and Zoning Commission Minutes -Final May 12, 2008 9a Approval of a replat of Lot 1, Block 1 of the Redding Addition located at 710 Glade Road, Case P-08-013 Commissioner Duffy moved to remove this item from the table. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Duffy, Byerly Absent: 2 -Clardy, Phelps Justin Bass presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding the existing buildings? Justin Bass replied yes, there is only one building, a current commercial structure. John Morgan, representing the property owner, came forward to present the case and brief the Commissioners. Commissioner Redfearn questioned currently located on the properties? house is located on the Lot 1 R2. Mr. Morgan regarding what is Mr. Morgan replied the old mayor's Commissioner Duffy questioned Mr. Morgan regarding the one driveway on Glade Road? Mr. Morgan replied yes, there will be cross access from Lot 1 R2 to Lot 1 R3. He stated one driveway will be sufficient for the lots to limit the entrances. Commissioner Duffy stated there are concerns with additional cuts onto Glade Road. Commissioner Byerly stated the applicant is ok with only having one entrance. Mr. Morgan stated the lots are larger than what is required for the zoning district. Commissioner Redfearn questioned Mr. Morgan regarding if the request is the same as stated in the previous meeting? Mr. Morgan concurred. Commissioner Knox moved to approve case P-08-013. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Duffy, Byerly Nay: 1 -Dudziak Absent: 2 -Clardy, Phelps City of Colleyville Page 6 Printed on 6h0/2008 Planning and Zoning Commission Minutes -Final May 12, 2008 10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 11. COMMISSIONERS' COMMENTS AND REPORTS None 12. ADJOURNMENT The meeting adjourned at 7:50 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, May 8, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on June 9, 2008. City of Colleyville page 7 Printed on 6/10/2008 G~~Y of (~ Tezas COLLEYVILLE TRAILS AND SIDEWALKS COMMITTEE MEETING MINUTES -May 13, 2008 CALL TO ORDER The meeting was called to order at 3:06 p.m. ROLL CALL Present: Gail Manion, Odilon Alvarado, Nancy Jane Langford, Judy Atwood, David Klenzendorf, Jack Olsen and Councilmember Liaison Tony Licata Staff Present: Steve Chutchian, Jeremy Hutt and Kathy Moore APPROVAL OF MINUTES Jack Olsen noted a word error and David Klenzendorf stated that the Murphy Road Trail relocation should read the north side of Murphy Road; the minutes were approved with those corrections. AGENDA ITEMS 1. Update of the 2008 Sidewalk Improvements Jeremy Hutt gave a brief update on the status of the 2008 Sidewalk Improvements. A timeline was distributed to all Committee members, which listed all critical dates concerning construction. Gail Manion requested that the timeline for the areas around the school be moved up if possible to be complete before the start of the new school year in the fall. Jeremy Hutt indicated that every effort will be made to complete the work in a timely manner. 2. Update of the Pleasant Run Trail Improvements Steve Chutchian gave a brief update to the Pleasant Run Trail Improvements stating that Council approved the reallocation of CEDC funds for the Webb House trail to be used toward the construction of a portion of the proposed trail system on Pleasant Run Road. Jeremy Hutt is scheduled to begin design of this segment of trail in Mid-Summer 2008 and should have the project out for bids in Fall 2008. In addition, the reallocation of funds also includes the design and permitting of the Webb House trail that extends through the Cottonbelt Rail Line. Steve also stated that the City has tentatively been recommended for receiving $1,450,000 in grant funds for the design and construction of quad gates for a quiet zone designation at three crossing locations with the Cottonbelt Rail. The RTC is scheduled to formally announce the designation of these grant funds in August 2008. Due to the proximity of the Webb Colleyville Trails and Sidewalks Committee Minutes -May 13, 2008 House Trail crossing with the proposed quad gate design at Bransford Road, Steve stated that staff will incorporate the trail design with the overall quad gate project. The design work may begin as early as Fall 2008 and all improvements will be constructed at the same time. 3. Presentation of the May 6, 2008 Pre-Council Comments regarding Sidewalk Construction/Escrow Requirements Steve Chutchian informed the Committee that the build/escrow requirements were presented at the Pre-Council meeting on May 6, 2008. Councilman Licata gave a brief update concerning this issue, stating that Council has requested the Committee to update the Colleyville Pathways Plan. The directive from Council is to create a Master Sidewalk Plan similar to the Mater Trail Plan. Steve Chutchian requested that the Committee conduct a worksession to work solely on this task. It was agreed that the Committee would start on this project in June, and that City Staff would update and identify areas of potential redevelopment. 4. Election of a New Chairperson The election of a new chairperson was moved to the end of the meeting due to Council's request to the Committee to prepare a master sidewalk plan for the City. David Klenzendorf was asked to be the new chairperson and he committed to the position through the end of the 2008 calendar year. Judy Atwood made the motion and Nancy Jane Langford seconded the motion. The vote was unanimous. STAFF REPORTS The committee set their next meeting for Tuesday, June 10, 2008 at 4:00 p.m. CITIZEN COMMENTS Jack Olsen commented that all the barbed wire along Trail 36 had been removed, and thanked Staff for their attention to this issue. ADJOURNMENT The meeting adjourned at 4:59 p.m. Respectfully Submitted, Kathy E. Moore Administrative Assistant Approved on: June 10, 2008 Colleyville Trails and Sidewalks Committee Minutes -May 13, 2008 RESOLUTION R-08-2981 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JUNE 17, 2008 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2008. CITY OF COLLEYVILLE David Kelly Mayor