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HomeMy WebLinkAboutCity Council-Agenda Packets-7/15/2008.„>,., -- ~T^. ,., ,,; ,c.,.. City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, July 15, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the Street Capital Improvement Plan (CIP) PC-2 Discussion of the health insurance bid analysis and recommendation PC-3 Presentation of the Monthly Financial Report -June 2008 PC-4 Discussion of the July 15, 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 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 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS City of Colleyville Page 1 Printed on 7/10/2008 City Council Agenda July 15, 2008 INVOCATION: Neda Moayad, 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-08-2986 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Presentation In recognition of employees for years of service 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2987 4a Approval of the minutes of the regular City Council meeting of July 1, 2008 4b Approval of the minutes of the City Council Worksession of May 3, 2008 4c Approval to donate surplus cellular telephones and equipment to the Seniors and Law Enforcement Together (SALT) Council of Tarrant County 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1687 Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-08-2988 Approval to suspend the August 8, 2008, effective date of Oncor Electric Delivery Company requested rate change 6b R-08-2989 Consideration of appointment of a City Council Liaison to the Metroport Teen Court Advisory Board 6c R-08-2990 Approval of a waiver of the requirements of Section 6.3 of the Colleyville Code of Ordinances regarding the sale of alcoholic beverages within 300 feet of a school, Case G-08-026 City of Colleyville Page 2 Printed on 7/10/2008 City Council Agenda July 15, 2008 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Senior Center Advisory Committee Minutes -May 15, 2008 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 15, 2008 - Reading and Public Hearing -Resolution R-08-2991 10. ADJOURNMENT: I hereby certify the above a posted on the bulletin boards at City Hall on Friday, July 11, 2008 b 5:00 p. m. nthia gteton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 3 Printed on 7M0/2008 ;:1n ..y ~ ~~~ ~ City of Colleyville City Hall j ` 100 Main 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: 07/15/2008 Agenda No.: PC-1 File Name: Discussion of the Street Capital Improvement Plan (CIP) Status: Pre Council Controlling Body: City Council Final Action: Attachments: Street Capital Improvement Financial Summary -June 2008 -Draft Tara Plantation and Saddlebrook Additions Roadway Improvements Memorandum Dated July 8, 2008 History of Legislative File Version: Date: Acting Body: Action Text: 07/15/2008 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 was previously revised to show proposed roadway improvements in Tara Plantation and Saddlebrook Additions 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. 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. At the June 17 and July 1, 2008, Pre Council meetings, there were discussions of issuing certificates of obligation for the Tara Plantation and Saddlebrook projects. Per Jim Sabonis, the City's Financial Advisor with First Southwest Company, the current estimated net interest rate on a 20-year debt issue of $2,030,000 with AA+ bond rating would be 4.5% and the annual debt payment would be $157,596. The issuance of debt would not have a negative effect on the City's existing AA+ bond rating. The total cost of the issue over a 20-year period would be $3,151,922, including interest expense and costs of issuance. The effect on the tax rate using projected Fiscal Year 2009 (FY 2009) tax values is $.0048, however, if debt was issued in calendar year 2009, the first debt payment would not be due until 2010. The interest earnings on $2,030,000 over 20 years are $2,417,980 at 4% and $1,636,406 at 3%. 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The total estimated cost for the reconstruction and resurfacing of streets in both subdivisions is $2,030,000. Subsequently, staff re-evaluated the condition of all street segments in both subdivisions in an attempt to reduce the financial impact on the General Fund Cash Reserve in the early years of the CIP and provide a viable alternative to issuing debt through a Certificate of Obligation. Staff recommendations are made as follows: Four street/cul-de-sac segments in the Tara Plantation Subdivision should be reconstructed, consisting of full depth subgrade stabilization and a new asphalt surface, in year one of the CIP. The cost of these improvements is estimated at $680,000. 2. Three street/cul-de-sac segments in the Saddlebrook Subdivision should be reconstructed, consisting of full depth subgrade stabilization and a new asphalt surface, in year two of the CIP. The cost of these improvements is estimated at $702,000. 3. Concrete curb and gutter and valley gutter replacement will be performed in conjunction with the proposed improvements in each subdivision, as necessary. 4. Staff will perform repairs to failed sections of pavement and perform crack sealing to all other streets in Tara Plantation Subdivision during year one of the CIP. Accordingly, the annual micro resurfacing contract will be expanded to include an application to each of these streets. 5. Staff will perform similar actions to streets in the Saddlebrook Subdivision in year two of the CIP. Reconstruction of severely deteriorated streets in each subdivision over the first two years of the CIP will result in a revised total cost of $1,382,000. Performing micro resurfacing of the remaining streets in each subdivision, including necessary surface preparation, over atwo- year period, will effectively increase the service life of these streets for several years. The increased cost associated with micro resurfacing in Tara Plantation and Saddlebrook Subdivisions respectively, will have a very small impact on the City's annual Street Maintenance Program. This action will also provide an opportunity for staff to annually monitor and evaluate the condition of each street and defer the need to perform reconstruction over the life of the Capital Improvement Plan. . ;,, _,,, ~ ~ ~ City of Colleyville City Hall 100 Main Street ,- Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 07/15/2008 Status: Pre Council Controlling Body: City Council Requester: Human Resources Agenda No.: PC-2 Final Action: Department File Name: Discussion of the health insurance bid analysis and recommendation Attachments: Attachment A -Health Insurance Bids Received.pdf Attachment B - Alternative Bids.pdf Attachment C - UHC Alternate Plans.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/15/2008 City Council Title Discussion of the health insurance bid analysis and recommendation Explanation This item provides an opportunity for City Council and staff discussion of the health insurance bid analysis and recommendation and suggested timeline for implementation. During the May 6, 2008, Pre Council meeting, staff projected a health insurance increase of 20%, or $294,980.00. Staff discussed with City Council the option to pre-negotiate with United Healthcare (UHC), the City's current health insurance provider. Due to rising health care costs and on-going large claims, UHC declined to consider negotiation prior to the bid process. On May 15, 2008, staff received the health insurance renewal which reflected a 19.4% rate increase from UHC. In consideration of the proposed increase submitted by the provider, staff bid the health insurance for more competitive pricing and review of various options including a health reimbursement arrangement. The City advertised and requested bids from nine companies (Attachment "A"). The bid opening took place June 12, 2008. Five companies declined to participate due to an inability to respond with a competitive rate. The Employee Benefits Committee, consisting of Fire Lieutenant Kenny Phillips, Recreation Supervisor Luke DeFilippis, Utility Superintendent Ken Tywater, Police Officer Chuck Tinsman, Project Inspector Keith Dovers, Utility Billing Supervisor Theresa Fox and Colleyville Center Office Assistant Marilyn Gilbert, met with Dee Beasley-Hayden, Brinson Benefits Consultant, to review proposals. The committee eliminated all four proposals. Blue Cross Blue Shield (BCBS) was not considered due to anon-competitive rate, while Cigna and Humana proposed plan designs that were not comparable or priced competitively (Attachment "B"). The Texas Municipal City of Colleyville Page 1 Printed on 7/10/2008 Agenda Briefing Continued League Intergovernmental Employee Benefits Pool (TML) offered a competitive rate, but the plan design was not competitive and included a lower lifetime maximum, elimination of office copays, reduced out-of-network coinsurance, and increased emergency room costs. In reviewing the proposals, the committee and Brinson Benefits, compared current benefits, service levels, doctor networks, pharmacy and emergency coverage and proposed premiums. With the elimination of all four proposals, staff and the committee began negotiations with UHC for more cost effective alternatives (Attachment "C"). Four plan designs were reviewed and are outlined in the chart below. Column 3a is a similar plan design to the current plan but moves to the new Certificate of Coverage (COC), which increases the prescription drug card and changes the lifetime maximum to five million. This alternate plan is a 13.49% increase for employees. The second plan reviewed was column 4. This plan also moves to the new COC; includes a $750.00 individual deductible, an office visit copay split of $15.00 for a family physician and $25.00 for a specialist, an increased out-of-pocket maximum and prescription drug card; and reduces the lifetime maximum to five million. This plan increases employee premiums by 8.56%. The third and fourth alternate plans are high deductible health reimbursement arrangements (HRA), as seen in columns 13a and 14. In comparing these plans, column 14 reduces premiums by 1.01% and caps the out-of-pocket maximum at $1,500.00. 3a 4 13a 14 Change to Current Premium 13.49% 8.56% 3.76% -1.01 In-network coinsurance after deductible met 90% 90% 90% 100% Individual deductible $250 $750 $1,500 $1,500 Family deductible $500 $1,500 $2,000 $3,000 Office visit copay $15 $15 $15 $15 Specialist visit copay $15 $25 $20 $20 Emergency Room copay $100 $100 $100 $200 Urgent Care copay $50 $50 $50 $75 Individual out-of-pocket maximum $2,250 $2,750 $3,000 $1,500 Family out-of-pocket maximum $4,500 $5,500 $6,000 $3,000 Tier 1 drug copay $10 $10 $10 $10 Tier 2 drug copay $30 $30 $30 $30 Tier 3 drug copay $60 $60 $60 $60 The employee premium cost for family coverage decreases by $2.19 per month, or $26.28 per year. The cost to the City would be a 9.89% increase due to establishing the HRA. The HRA is a deductible sharing account between the City and employees. Should the employee need to meet the individual deductible (ex: through hospitalization); the employee would pay the first $250.00 and be reimbursed from the City for the remaining $1,250.00. Employees with family coverage would pay the first $500.00 and be reimbursed from the City for the remaining $2,500.00. The City is responsible for the risk associated with the shared deductible. The additional 9.89% includes the annual employer funding of the premiums ($1,577,446.00), third party administrative costs ($11,180.00), and funding the HRA reimbursement at 45% ($162,563.00) for a total annual funding of $1,751,189.00. This is a City of Colleyville Page 2 Printed on 7/10/2008 Agenda Briefing Continued decreased cost of $103,699.00 over the renewal of the current plan. Over the last 12 months, only 19% of plan members have met the full deductible and only 2% of plan members have met the out-of-pocket maximum. If the City determined to fund the HRA at 65% ($234,813.00), the total annual funding increases by 14.43% to $1,823,438.00, which is $31,449.00 less than the renewal of the current plan. The HRA funding at 45% has been reviewed by the Finance Director. Another component staff considered was the emotional investment of employees in the health insurance plan. As the City continues to face increasing health care costs, the Employee Benefits Committee has joined with the Employee Wellness Committee to determine if the wellness program could be utilized to bring awareness to and management of rising health care costs. Both employee committees are reviewing options to tie the wellness program to the HRA. The current market is moving more cities to offer consumer driven health plans or consumer cost sharing of deductibles and copays. Currently, Grapevine and North Richland Hills offer employees an HRA as one plan design. Colleyville will remain competitive in the marketplace with these plan adjustments. After reviewing these plans, the committee recommends plan design 14. Staff is working on finalizing the third party administrator and will bring final recommendations to Council on August 5, 2008. City of Colleyville Page 3 Printed on 7H0/2008 Attachment "A" HEALTH INSURANCE BIDS RECEIVED Medical Plans Response Aetna Declined Blue Cross and Blue Shield Received Cigna Received *Great West Life & Annuity Declined Guardian Declined Humana Received Principal Declined **TML Received Unicare Declined ***United Healthcare Received Self-funded Vendor ** Texas Municipal League Intergovernmental Employee Benefits Pool **" Incumbent v a~ 0 ° ° a E ~ l0 d ~. N U o O ~ O ~ ~ Q Q~ O O ~ O O ~ O N O Ln O T L T 0 N 'D O OD tlj N O N. 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Sales tax revenue received in June was up $10,330 which is 6.85% over the amount received in June 2007. Twenty residential building permits were issued in June, as compared to nine issued in June 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 June 2008 is 65.2%. Utility Fund Water usage increased as compared to the amount sold through June 2007. The average amount expended by the Utility Fund at the end of June 2008 is 69.3%. City of Colleyville Page 1 Printed on 7/9/2008 MONTHLY FINANCIAL REPORT -JUNE 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 $910,000 104,000 280,000 114,000 59,500 115,000 165,000 ~~ $1,747,500 'i $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 RECEIVED AS OF 6/30/2008 $8,786,946 51,238 51,971 $8,890,155 $869,180 110, 560 338, 969 94,961 41,342 99,604 144, 375 $1,698,991 ~ $1,377,714 61,003 $1,438,717 $573, 864 63, 882 43, 783 55,308 55,371 111,868 1, 558 865 6,445 4,630 8,900 $926,474 $736,743 42,225 20,268 TOTAL FINES $789,100 ~ $799,236 PROJECTED AS OF 6/30/2008 $8,705,301 45, 000 46, 000 $8,796,301 $910,000 104, 000 280,000 85, 500 44,625 81,458 123,750 $1, 629, 333 $1,328,713 75,000 $1,403,713 $688,447 93,746 42,831 73,277 42,602 125,499 2,309 1, 500 5,261 5, 519 11,250 $1,092,241 $543,750 35,000 19, 575 $598,325 RECEIVED AS OF 6/30/2007 $7,934,205 43,976 42,498 $8,020,679 $933, 754 102,109 279,061 89, 356 33,488 80,252 132, 367 $1,650,387 $1,311,372 66,620 $1,377,992 $542,189 61,655 43,754 52,238 51,662 124,866 2,162 1, 302 6, 390 5, 350 12, 800 $904,368 $576,408 38,775 20,414 $635,.597 PERCENT CHANGE 10.75% 16.51 22.29% 10.84% -6.92% 8.28% 21.47% 6.27% 23.45% 24.11% 9.07% 2! 95°l0 5.06% -8.43% 4.41% 5.84% 3.61 0.07% 5.88% 7.18% -10.41 -27.94% -33.56% 0.86% -13.46% -30.47% 2.44% 27.82% 8.90% -0.72% 25.75% MONTHLY FINANCIAL REPORT -JUNE 2008 RECEIVED PROJECTED RECEIVED REVENUE SOURCE FY 2008 AS OF AS OF AS OF PERCENT BUDGET 6/30/2008 6/30/2008 6/30/2007 CHANGE Re-zoning $12,500 $7,442 $9,375 $16,950 -56.09% Plat Fee/Site Plan 21,000 18,788 15,750 19,076 -1.51% Board of Adjustment 2,000 1,000 1,500 2,875 -65.22% Sale of Material 2,500 1,770 1,875 2,710 -34.69% Weed Mowing 6,000 5,856 4,500 1,630 259.26% Animallmpoundment 3,200 3,679 2,400 4,243 -13.29% Ambulance 242,000 196,671 181,500 209,884 -6.30% Recreation Program 148,524 143,556 135,000 90,976 57.80% Non-Resident Fee Parks 24,500 24,170 24,500 24,445 -1.12% Field Use Charge 16,450 18,720 16,450 16,424 13.98% Engineering & Inspection 80,000 164,706 60,000 111,245 48.06% Chgs & Reimbursements 2,000 3,825 1,500 6,760 -43.42% Colleyville Center Rental 214,000 198,888 160,500 165,442 20.22% Library Building Rental 75 0 56 0 0.00% Lot Drainage Insp Fee 31,225 16,725 23,419 13,500 23.89% TOTAL CHARGES FOR SERVICE $805,974 $805,796 $638,325 $686,160 17.44°fo DARE Officer Reimb $85,516 $0 $0 $81,443 -100.00% TOTAL INTERGOVERNMENTAL .$85,51$ $0 $0 $81,443 0.00% Sale of Surplus Property $17,000 $0 $0 $0 0.00% Interest Income 382,500 264,087 240,000 305,941 -13.68% Miscellaneous 55,000 79,865 49,000 68,577 16.46% Use of Available Cash 180,290 0 0 0 0.00% Celebrate Colleyville Revenue 0 0 0 650 -100.00% Antenna Lease 63,475 63,365 63,300 63,545 -0.28% TOTAL MISCELLANEOUS $698,265 $407,317. $352,300 $43$,713 -7.16°fo Transfer from Utility Fd $716,934 $0 $0 $0 0.00% TOTAL TRANSFERS $716,934 $0 $0 $0 0100%a' TOTAL GENERAL FUND REVENUES $17,817,361 $14,966,685. $14,510,538 $13,795,339 8.49°10' MONTHLY FINANCIAL REPORT -JUNE 2008 FY 2008 THROUGH THROUGH BUDGET 6/30/2008 6/30/2007 OF CURRENT TAX ROLL COLLECTED 99.0% 98.23% 98.33% RESIDENTIAL BLDG PERMITS 245 117 88 COMMERCIAL BLDG PERMITS 10 21 23 PLUMBING/MECHANICAL PERMITS 900 1,149 1,122 ELECTRICAL PERMITS 400 398 374 CITATIONS ISSUED 9,700 12,235 8,681 CITATIONS APPEALED 270 458 568 TOTAL INCREASE (DECREASE) -0.10% 29 (2) 27 24 3, 554 (110) PERCENT INCREASE (DECREASE) -0.10%' 32.95% -8.70% 2.41 -19. 'GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE FY 2008 THROUGH PROJECTED BUDGET 6/30/2008 EXPENDITURES City Council and Secretary $577,897 $359,746 $381,266 City Manager 604,923 452,541 444,472 Finance 469,129 351,307 353,144 Legal 106,823 90,440 78,395 Engineering 551,249 370,016 380,7121 Economic Development 161,924 97,967 98,044 Building Inspection 412,404 292,276 292,686 Community Development 282,071 177,053 176,599 Fire 3,512,912 2,679,914 2,678,205 Police 4,049,272 2,845,975 2,867,021 Parks 1,511,351 935,336 932,358 Recreation 326,958 227,334 214,571 Streets & Drainage 1,974,850 983,661 991,077 Library 677,620 440,384 436,563 Communications 212,221 156,562 155,283 Colleyville Center 480,283 248,467 260,115 Human Resources 234,419 151,119 152,721 Municipal Court 241,121 175,103 172,414 Fleet Maintenance 195,202 137,720 138,219 Building Services 256,950 143,514 143,742 Information Services 370,522 231,308 229,283 Capital Equipment Reserve 135,000 49,662 49,662 Transfer to Art Fund 15,000 15,000 0 Performance Pay 454,630 0 0 TOTAL EXPENSES $17,814,731 $11,612,405 $11,626,552 EXPENDED 75% OF THE YEAR COMPLETED 62.3% 74.8% 74.9% 84.7% 67.1 60.5% 70.9% 62.8% 76.3% 70.3% 61.9% 69.5% 49.8% 65.0% 73.8% 51.7% 64.5% 72.6% 70.6% 55.9% 62.4% 36.8% 100.0% 0.0% 65.2% BUDGET REMAINING $218,151 152,382 117,822 16, 383 181,233 63, 957 120,128 105,018 832,998 1, 203, 297 576,015 99,624 991,189 237,236 55,659 231,816 83,300 66,018 57,482 113,436 139,214 85,338 0 454,630 $6,202,326'... MONTHLY FINANCIAL REPORT -JUNE 2008 UTILITY FUND RECEIVED PROJECTED RECEIVED FY 2008 AS OF AS OF AS OF PERCENT REVENUE SOURCE BUDGET ' 6/30/2008 6/30/2008 6/30/2007 CHANGE Water Sales $7,232,910 $4,427,165 $4,658,900 $4,145,268 6.80% Sewer Sales 2,188,056 1, 732,673 1,641,042 1,544,601 12.18% Sewerlnstallation 22,900 19,090 17,175 12,300 55.20% Water Installation 48,000 35,220 36,000 28,830 22.16% Sewer Tie-on Charges 5,000 4,862 3,750 16,281 -70.14% Engineering Charges 35,000 68,468 26,250 51,376 33.27% Penalties 158,342 124,141 118,757 116,193 6.84% Miscellaneous 13,000 11,274 9,750 26,698 -57.77% TOTAL OPERATING INCOME $9,703,208 $6,422,893 $6,511,624 $5,941,547 8.10% Interest Income $245,000 $284,406 $195,000 $402,175 -29.28% Use of Available Cash 337,000 0 0 0 0.00% TOTAL NON-OPERATING INCOME $582,000 $284,406 $195,000 $402,175 -29.28% TOTAL INCOME .$10,285,208 I $6,707,299 I $6,706,624 I $6,343,722 I 5.73% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 6/30/2008 6/30/2007 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 1,326,897,900 1,230,246,600 96,651,300 7.86% NUMBER OF WATER CUSTOMERS 8,860 8,621 239 2.77% 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 75% OF THE BUDGET BUDGET 6/30/2008 EXPENSES YEAR COMPLETED REMAINING $208,211 $144,711 $146,507 69.5% $63,500 590,033 296,007 291,433 50.2% 294,026 7,511,273 5,651,310 5,670,358 75.2% 1,859,963 972,260 901,063 901,063 92.7% 71,197 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 $6,993,091 $7,009,361 69.3% $3,097,29$ %'1~~~~ City Hall ((",°~ ! 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: 07/15/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-4 Final Action: Secretary File Name: Discussion of the July 15, 2008, City Council regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 07/15/2008 City Council Title Discussion of the July 15, 2008, City Council regular agenda items City of Colleyville Page 1 Printed on 7/3/2008 ~~~~ City Hall I~ ~ ~ City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 r....:;: Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Requester: Office of the City Secretary Agenda Date: 07/15/2008 Agenda No.: 1 File Name: Executive Session -Legal -July 15, 2008 Attachments: Controlling Body: City Council Final Action: History of Legislative Fite Version: Date: Acting Body: Action Text: 1 07/15/2008 City Council Title Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of 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 Cify of Colleyville Page 7 Printed on 7/9/2008 RESOLUTION R-08-2986 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JULY 15, 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 (;{I ' (r( City/ of Colle ville City Hall ~ (~} J y 100 Main Street Colleyville, Texas 76034 '°~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Presentation or Proclamation Status: Presentations or Proclamations Controlling Body: City Council Final Action: Version: 1 Agenda Date: 07/15/2008 Requester: Office of the City Agenda No.: 3 Secretary File Name: Presentations or Proclamations -July 15, 2008 Attachments: Employee Longevity 3rd Quarter 2008 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/15/2008 City Council Title Presentation In recognition of employees for years of service City of Colleyville Page 1 Printed on 7/3/2008 EMPLOYEE LONGEVITY 3rd QUARTER 2008 NAME POSITION/DEPARTMENT HIRE DATE A- 10 YEARS RONNIE AMBROSE STREET CREW LEADER/PW 4/13/1998 1 YEAR DANNY COULSON POLICE OFFICER/PD 4/02/2007 MA Y 10 YEARS TIM OSBORN POLICE OFFICER/PD 5/11/1998 1 YEAR DANA UNDERWOOD MECHANIC ASSISTANT/PW 5/07/2007 TERRY WISDON FIREFIGHTER/PARAMEDIC/FD 5/29/2007 JEREMY T. LEWIS FIREFIGHTER/PARAMEDIC/FD 5/29/2007 JUNE 1 YEAR RON RUTHVEN DEVELOPMENT COORDINATOR/CD 6/11/2007 WANDA DREXEL ADMINISTRATIVE SECRETARY/PARKS 6/11/2007 PAUL DEPINGRE NETWORK ADMINISTRATOR/IS 6/12/2007 RESOLUTION R-08-2987 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JULY 15, 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 July 1, 2008 b. Approval of the minutes of the City Council Worksession of May 3, 2008 c. Approval to donate surplus cellular telephones and equipment to the Seniors and Law Enforcement Together (SALT) Council of Tarrant County 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 ,F,,,~,,, City Mall ,~~ ---_ City of Colleyville 100 Main Street { ~ Colleyville, Texas 76034 City Council Minutes -Draft 817.503.1000 ~~~*~~- www.colleyville.com City Council Tuesday, July 1, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 1, 2008, at 5:37 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Finance Director Terry Leake, Interim Economic Development Director Mike Johnston, Community Development Coordinator Ron Ruthven, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. PC-1 Discussion of the Street Capital Improvement Plan (CIP) Finance Director Terry Leake provided information regarding issuing certificates of obligation for the Tara Plantation and Saddlebrook projects and the impact on the City's AA+ bond rating. Discussion ensued regarding funding sources for the Street Capital Improvement Plan (CIP), schedule for debt service payments and available General Fund cash balance. City Manager Bill Lindley provided information regarding various funding sources. The City Council requested an item be placed on the July 15, 2008 Pre Council meeting agenda for further discussion. PC-2 Discussion of appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees City Secretary Cynthia Singleton reviewed the history and guidelines for the establishment of City Council liaisons. City of Colleyville Page 1 Printed on 7/10/2008 City Council City Council Minutes -Draft July 1, 2008 Discussion ensued regarding the purpose and need for City Council liaisons and the impact of discontinuing City Council liaisons to boards, commissions and committees. The City Council determined to suspend the formal process of appointing City Council liaisons to boards, commissions and committees with the exception of the Metroport Teen Court Advisory Board, and the board, commission and committee chairperson or president will be notified with a letter from the Mayor. PC-3 Update on the Retail and Restaurant Cooperative Advertising Program Communications Manager Mona Gandy presented the Retail and Restaurant Cooperative Advertising Program and answered questions of the City Council. Mr. Ted Price, owner, Costa Vida Restaurant, spoke regarding the development of a retail base and increasing visits by existing customers. PC-4 Discussion of the July 1, 2008, City Council regular agenda items Mayor Kelly stated the hours for the display of real estate open house signs should read 12 midnight Friday to 12 midnight Sunday in the ordinance exhibit for Agenda Item 5b, Real Estate Open House Sign Regulations, and the Public Hearing will be reopened on Agenda Item 8a and requires a super majority vote for approval. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:52 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on July 1, 2008, at 6:53 p.m. City of Colleyville Page 2 Printed on 7/10/2008 City Council City Council Minutes -Draft July 1, 2008 ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Interim Economic Development Director Mike Johnston, Community Development Coordinator Ron Ruthven, Planner Justin Bass, Library Director Mary Rodne, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Recreation Supervisor Luke DeFillippis, Senior Center Supervisor Renee Garrett, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas 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 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 6:53 p.m. and reconvened at 7:30 p.m. INVOCATION: Pastor Randy Groves, Pleasant Run Baptist Church City of Colleyville Page 3 Printed on 7/10/2008 City Council City Council Minutes -Draft July 1, 2008 PLEDGE OF ALLEGIANCE: City Attorney Michael Kallas 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-2982 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Wollin stated the Colleyville Public Library is continuing to obtain input from citizens regarding the future spatial reorganization of the facility and invited citizens to participate by completing a survey on the City's web site at www.colleyville.com. Mayor Kelly presented a Proclamation to Parks and Recreation Director Monica Walsh, Senior Center Supervisor Renee Garret and Recreation Supervisor Luke DeFillipis in recognition of Parks and Recreation month. Parks and Recreation Director Monica Walsh invited everyone to enjoy the City parks, bike and hike trails and playgrounds, and Recreation Supervisor Luke Fillipis presented a summer survival basket to the City Council and staff. Mayor Kelly commended the Parks and Recreation Department staff for quality recreation programs and nationally recognized park facilities. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2983 4a Approval of the minutes of the regular City Council meeting of June 17, 2008 4b Approval of the minutes of the City Council Worksession of May 29, 2008 4c Approval of the minutes of the City Council Worksession of May 30, 2008 Mayor Kelly read Resolution R-08-2983 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 4 Printed on 7h0/2008 City Council City Council Minutes -Draft July 1, 2008 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-08-2983. 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 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 Mayor Kelly read the caption of Ordinance 0-08-1684. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-08-1684. 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 5b 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 Mayor Kelly read the caption of Ordinance 0-08-1685. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Clty of Colleyville Page 5 Printed on 7/10/2008 City Council City Council Minutes -Draft July 1, 2008 Mayor Pro Tem Ayers moved to approve Ordinance 0-08-1685, with the amendment of the time periods for displaying the real estate open house signs to 12 midnight Friday to 12 midnight Sunday. Councilmember Hall 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 5c 0-08-1686 Adopting the annual budget for Fiscal Year 2009 (FY 2009) of the Colleyville Crime Control and Prevention District (CCCPD) Mayor Kelly read the caption of Ordinance 0-08-1686. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-08-1686. 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1687 Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities Mayor Kelly read the caption of Ordinance 0-08-1687. Parks and Recreation Director Monica Walsh provided information regarding the process for requesting a waiver for use of game fields for practice and stated, if approved, this item would allow the Colleyville Girls Softball Association to utilize the game fields for practice without submitting a request each season. Mayor Kelly opened the public hearing. City of Colleyville Page 8 Printed on 7/10/2008 City Council City Council Minutes -Draft July 1, 2008 There was no one present wishing to speak and Mayor Kelly closed the public hearing. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-2984 Approval of a waiver of the perimeter street improvement requirements for 291 feet of frontage along Glade Road on Lot 1, Block 1 of the Renaissance Estates Addition located at 412 Glade Road, G-08-025 Mayor Kelly read Resolution R-08-2984 in its entirety. Community Development Coordinator Ron Ruthven provided an overview of the request for a waiver of perimeter street fees and stated staff recommends denial. Mayor Kelly opened the public hearing. Mr. Tom Carr, 1810 Doss Circle, Arlington, Texas, spoke regarding inconsistent construction of sidewalks along Glade Road. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding the timing of the destruction of the home on the property. Mayor Pro Tem Ayers moved to deny Resolution R-08-2984. Mayor Kelly 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 8. TABLED ITEM AND PUBLIC HEARING 8a 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 stated the applicant wishes to continue with the request as CC-1 zoning. City of Colleyville Page 7 Printed on 7/10/2008 City Council City Council Minutes -Draft July 1, 2008 Mayor Kelly opened the public hearing. Mr. Kipp Whitman, P.O. Box 69, Colleyville, Texas, distributed illustrations of the proposed development to City Council and spoke regarding the style of the architecture, screening fence and meeting with residential district neighbors. Ms. Pat Aistrup, 2201 Danielle Drive, spoke in opposition to the proposed ordinance and regarding the meeting with the developer, other properties developed by Mr. Whitman and in favor of aPUD-C zoning. Mr. Charles White, 7000 Cole Court, spoke in opposition to the proposed ordinance and regarding the effect of the proposed development on property values and proper screening. Mr. Tony Hampton, 2200 Danielle Drive, Ms. Catherine Hampton, 2200 Danielle Drive, Mr. Dave Marr, 7000 Cole Court and Mr. Farzin Hamraee, 2209 Danielle Drive, submitted Speaker Cards indicating opposition to the proposed ordinance. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding PUD-C and CC-1 zoning requirements, the process for enforcing the zoning and the height and impact of the screening fence to homes abutting the proposed development. Mayor Kelly reviewed the proposed changes to the ordinance: preserve the trees identified in the tree survey, construct a ten foot wood or masonry fence on the developer's property, submit a site plan for City Council approval and the development must be in conformance with the site plan, and maintain a 20 foot greenbelt along the eastern side of the proposed development property, which abuts the residential properties. Mr. Tony Hampton, 2200 Danielle, spoke regarding the type of screening buffer between the development and the residential zone. Mayor Kelly moved to approve Ordinance 0-08-1683, as PUD-C zoning with the following modifications: preserve the trees identified in the tree survey, construct a ten foot wood or masonry fence on the developer's property, with the finished side on the residential side, grant a variance to the open space requirement for aPUD-C, submit a site plan for City Council approval and the development must be in conformance with the site plan, maintain a 20 foot greenbelt, not including water, along the eastern side of the proposed development property, which abuts the residential properties and there will be no structures on the property. City of Colleyville Page 8 Printed on 7/10/2008 City Council City Council Minutes -Draft July 1, 2008 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 expressed appreciation to the neighbors and the developer for working to resolve concerns regarding the project. 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Jim Moore, 1416 Glade Road, spoke regarding the delay of the expansion of SH26 and funding of the project. 10. REPORTS: Historical Preservation Committee Minutes -January 10, 2008 Historical Preservation Committee Minutes -April 10, 2008 Celebrate Colleyville Committee Minutes -April 23, 2008 Commuter Rail Committee Minutes -May 9, 2008 Commuter Rail Committee Minutes -May 19, 2008 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 1, 2008 - Reading and Public Hearing -Resolution R-08-2985 This resolution was not needed. 12. 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 8:48 p.m. City of Colleyville Page 9 Printed on 7/10/2008 City Council City Council Minutes -Draft July 1, 2008 APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND DAY OF 2008. City of Colleyville Page 10 Printed on 7/10/2008 ``'~" Cit of Colle~/ville City Hall i ~ ~'° r~ ~ J 100 Main Street Colleyville, Texas 76034 __ City Council Minutes -Draft 817.503.1000 t`~~., www.colleyville.com City Council Worksession Saturday, May 3, 2008 9:00 AM Embassy Suites Hotel 2401 Bass Pro Drive, Grapevine, Texas The Worksession of the Colleyville City Council was called to order by Mayor David Kelly on May 3, 2008 at 9:07 a.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Finance Director Terry Leake, Interim Economic Development Director Mike Johnston, Interim Fire Chief Russell Shelley, Police Chief Tommy Ingram, Public Works Director Steve Chutchian, Parks and Recreation Director Monica Walsh and Communications Manager Mona Gandy were also present. Other Attendees: Councilmember-elect Stan Hall and Ron Holifield Absent: Mayor Pro Tem Jon Ayers and Councilmember Rich Hendler 2. DISCUSSION 2a Identification and Discussion of Multi-Year Goals City Manager Bill Lindley reviewed the goals and objectives for the planning session and stated the desire is for City Council to identify multi-year goals to serve as direction for continued development of the annual work plan. Reflecting on a book discussion held by the City Council during the April 15, 2008 Pre Council Worksession, the City Manager emphasized the importance of embracing ideas that may otherwise be quickly dismissed. Mayor Kelly stated that one of the strengths of the City Council is an open willingness to tackle big issues while being flexible to embrace unique suggestions. City Manager Bill Lindley introduced Mr. Ron Holifield who served as facilitator of the City Council discussion. Mr. Holifield discussed the importance of not allowing pre-conceived ideas to limit the City Council's view of the state of the City. Mr. Holified reviewed a previous City Council book discussion and highlighted examples of ways leading-edge organizations capitalize on new initiatives transforming their traditional ways of approaching work. City of Colleyville Page 1 Printed on 7h0/2008 City Council Worksession City Council Minutes -Draft May 3, 2008 The City Council identified various long range goals including: continuing a safe community; promoting a community legacy; sustaining excellence; community reinvestment; create a sense of community; promote environmental sustainability and efficient and effective mobility. Mr. Holified led a discussion identifying various objectives and tasks that could be undertaken to accomplish the long range goals. The City Council and staff shared views in preparation for the final selection of the goals. Following the discussion, Mr. Holifield led the City Council on a ranking process of the various goals. City Manager Bill Lindley expressed appreciation to the City Council and staff for their participation and attendance and stated the information provided will be utilized by staff in preparing the preliminary 2009 Annual Work Plan, which will be presented to City Council for consideration in September 2008. 3. ADJOURNMENT: There being no further business before the City Council, Mayor Kelly adjourned the meeting at 12:36 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. Minutes taken and prepared by: Bill Lindley City Manager City of Colleyville Page 2 Printed on 7/10/2008 ('i11ry~y `- Cit of Colle ville City Hall ~ Y Y 100 Main Street Colleyville, Texas 76034 "~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Office of the City Manager File Type: Resolution Agenda Date: 07/15/2008 Agenda No.: 4c Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval to donate surplus cellular telephones and equipment to the Seniors and Law Enforcement Together (SALT) Council of Tarrant County Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 07/15/2008 City Council Title Approval to donate surplus cellular telephones and equipment to the Seniors and Law Enforcement Together (SALT) Council of Tarrant County Explanation Reading and Public Hearing On May 13, 2008, the City entered into a contract with Verizon Wireless for cellular telephone service and equipment. Under the new contract, all cellular phones and equipment were replaced. Staff is seeking approval to declare a total of 64 cellular phones with chargers and 17 cellular phones (no additional equipment) as surplus and donate all phones and equipment to the Seniors and Law Enforcement Together (SALT) Council of Tarrant County, acounty-wide organization designed to reduce the victimization of older citizens. The donation would be made through the Colleyville Police Department, a SALT partner. The phones will be refurbished and distributed free of charge as 9-1-1 phones to the elderly, home-bound and abused. Financial Impact It has been determined that there is no financial impact to the City. Recommendation Approval City of Colleyville Page 1 Printed on 7/9/2008 s y O d O c a 0 o, ~ o~ c.Q ~ ~ o T a ~ o ~ a ~ _ ~ ~ ~ ~ .r: 4! l 4! ~~ m ui ~ m y a y b ~ 0- .,. ,~ ; a ~, ~ ~ ~ C Ot Obi N ~ ~ ~ a _~ o ~ ~ y a ~ ~ = c, ~ ~ cNn ~ 3' ~~ ~ °, `-° o ?~ ~ eo m c~ ~ y ~ 3 r ~ ~ O ~ •-' ~ ~. y ~ O O O C .+ 3 ~ N ~ ~ ~.. Q O ~ W m ~ n ~ z Q sv m ~? D ~ c. o ~ c~ cn •• p1 ~ ~ ~ Z C ., . ^ s ~ a ~ .. a o ~ ~ S O ~ 1` V4 1~ ~ v ~ t N ~ ~ ~ Q; C "~ ` ~ ~ ~ N ~ m ~ rn ~ ~ ~ ~ H 0 c O a ~ c~ o ~ ~`' .. N 'Q n Z C a [~ N C Q- ~ .. ~ '~ O ~ ~` 1~ ~M ~ 'a O v ~_ N v O CD -~, t ~ N v 3 ~ ~ ~ ~ ~ ~ ~ O ~ O ~ ~_ O ? N s N v N rn m n v ~~~ City Hall ~ ~ ~ City of Colleyville 100 Main Street _ Colleyville, Texas 76034 ~~"' Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-08-1687 File Number: 0-08-1687 Version: 1 File Type: Ordinance Agenda Date: 07/15/2008 Requester: Parks and Recreation Agenda No.: 5a Department Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities Attachments: Ordinance 0-08-1687.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 07/01/2008 City Council 1 07/15/2008 City Council Title Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities Explanation Second Reading and Public Hearing There were no speakers regarding this request at the July 1, 2008 meeting. First Reading and Public Hearing User fees and policies are in place for City Park and Pleasant Run athletic fields. These proposed amendments provide for a change in the policies for City Park as follows. Ballfields: Game Fields, Section 2. Fees and Refunds e. A request for a waiver of the use of the Baseball Fields must be submitted, in writing, to the Parks and Recreation Department for consideration and approval of the Colleyville City Council. Adding: f. The Softball Game Fields can be used by the Colleyville Girls Softball Association for practice without a request for waiver. Bi-annually, the Colleyville Girls Softball Association (CGSA) submits a request for waiver to the City Council for approval to use the softball fields for scheduled practices. By adding City of Colleyville Page 1 Printed on 7/7/2008 Agenda Briefing Continued (0-08-1687) subsection f. above, the CGSA will be permitted use of the softball game fields without requesting a waiver from Council. Although the Colleyville Baseball Association and Colleyville Soccer Association have not had the need to request a waiver, staff contacted both organizations and advised them of the proposed amendments. Neither organization chose to be included in the proposed amendments. On June 2, 2008, the Parks and Recreation Advisory Board recommended approval of the proposed amendments. Financial Impact It has been determined that there is no financial impact Recommendation Approval City of Colleyville Page 2 Printed on 7/7/2008 ORDINANCE 0-08-1687 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 66 OF THE COLLEYVILLE CODE, RELATIVE TO FEES AND RESERVATIONS FOR THE USE OF PARK ATHLETIC AND RECREATIONAL FACILITIES; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 66 of the City of Colleyville Code of Ordinances provides for the regulation and use of public parks and imposes fees for the use of park facilities; and WHEREAS, Ordinance 0-93-906, Ordinance 0-93-918, Ordinance 0-98-1108, Ordinance 0-02-1339, Ordinance 0-02-1372, Ordinance 0-04-1492 and Ordinance 0-08-1687 created and established Section 7 of the City of Colleyville Code of Ordinances relative to parks and recreational regulations; and WHEREAS, the City Council of the City of Colleyville has determined that a revision to the use of baseball and game fields is in the best interest of the citizens of the City of Colleyville. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Chapter 66: Definitions City cosponsored league play shall mean an athletic event, which is authorized, organized or scheduled with the assistance of the Parks and Recreation Department by anon-profit organization. 2. City sponsored league shall mean an athletic event which is authorized, organized or scheduled in whole or in part by the Parks and Recreation Department. 3. Closed field shall mean a playing field or a game field that has been closed for any use due to inclement weather or maintenance requirements of the Parks and Recreation Department. 4. Director shall mean the Director of the Parks and Recreation Department. Ordinance 0-08-1687 Page 2 of 12 5. Game field shall mean a field that has been designated by the Parks and Recreation Department to be used solely for the purpose of conducting league play or tournament play for city sponsored or city cosponsored league play athletic events. This would include the city sponsored soccer, baseball and softball associations. Game fields are located at the Pleasant Run Soccer Complex and the Colleyville City Park. 6. Practice field shall mean a field that has been designated by the Parks and Recreation Department to be used solely for the purpose of conducting practices or non-league play for City sponsored, City cosponsored league practice athletic events and public reservations. This would include the City cosponsored soccer, baseball and softball associations. Practice fields are located at Reagan Park and Pleasant Run practice site. 7. Park shall mean a park, playground or any other area in the city, owned or used by the city, devoted to active or passive recreation. 8. Vehicle shall mean any wheeled conveyance, whether motor powered, animal-drawn or self-propelled. The term shall include any trailer of any size, kind or description. Sec. 2. THAT Chapter 66: Facility Procedures and Guidelines Tennis Court Regulations 1. It shall be unlawful for any person to use the tennis courts in the City for any purpose other than playing tennis. 2. It shall be unlawful for any person to play tennis on any tennis court while wearing any footwear other than tennis shoes. 3. It shall be unlawful for any person to ride a skateboard or skates on the tennis courts. 4. The tennis courts are available on a first-come first-serve basis. Tennis Court Reservations 1. The courts will open for play at 6:00 a.m. All games must be completed by 10:00 p.m., park closing time. 2. Courts may be reserved through the Parks and Recreation Department. Time slots for reservations are available in one and one-half hour increments as seasonal conditions permit. The schedule shall be Ordinance 0-08-1687 Page 3 of 12 determined and approved by the Parks and Recreation Director or designated representative. 3. Reservations must include the name of the individual or team, address and phone number as set forth in this policy. 4. Residents may make reservations beginning the Monday proceeding the next scheduling week (Sunday through Saturday). Non-residents may make reservations commencing on Friday proceeding the next scheduling week (Sunday through Saturday). 5. Any person or team found to be violating the terms of this section shall be denied access to the tennis courts for the remainder of the season. Rental of Park Pavilions and Refunds The Parks and Recreation Director shall designate a person or person(s) to inspect all premises after usage. All deposits will be held until after pavilion use, and returned to the customer unless damage or vandalism has occurred. At this time, a refund will be processed for the deposit. 2. City related functions shall have first priority on the pavilions and shall use the pavilions without charge. 3. All other groups who reserve the pavilion for personal use, except those specified in the following section, shall pay a fee as determined by the Parks and Recreation Department. 4. All residents and non-residents who reserve the facility for business, commercial or professional gatherings may apply for the use of said pavilion during daytime hours between 8:00 a.m. and 5:00 p.m. The applicant may not make any charges, nor solicit for money of any kind or character from any person for his use of the pavilion. A liability insurance policy naming the City of Colleyville as an additional insured shall be purchased by all business, commercial or professional renters. Coverage amounts must meet those specified by the City Manager or his designee. 5. A request for a reservation must be made in person at the Parks and Recreation Department during regular business hours (8:00 a.m. until 5:00 p.m.). Reservations will be accepted from adults only (18 years or older). Reservations may be made no earlier than sixty (60) days in advance. 6. A permit shall be issued by the Parks Department stating the time, date, fee and amount of deposit and any other pertinent information as determined by the City. Ordinance 0-08-1687 Page 4 of 12 7. Refunds on any pavilion or park rentals unless otherwise specified, must be requested no later than three (3) working days after scheduled use, through the Parks and Recreation Department Director or designated representative. Refunds will only be considered in cases of uncontrollable events, i.e., severe weather, family emergency, etc., and must be approved by the Parks and Recreation Director. Rescheduling of allotted time is preferred and can be used up to one (1) year from the time of original date. 8. All cancellations must be made no later than three (3) days prior to reservation date to obtain a refund. Park Pavilion Policies and Guidelines Alcoholic beverages are prohibited, as per ordinance. 2. Music may be played only between the hours of 9:00 a.m. and 10:00 p.m., unless otherwise approved by the Parks and Recreation Department or as permitted under the City's noise and nuisance ordinances. 3. Vehicles will be restricted to designated parking areas only, except for Police, Fire emergency or maintenance vehicles from Departments. Also, the use of "bounce houses" or "moon walks" is not allowed on park property. 4. Responsibility for damages to and or maintenance of facilities growing out of usage beyond normal and usual wear will be assumed by the individual, group or organization. All paper and waste shall be deposited in proper receptacles. 5. All special permits must be obtained in person and such individual must sign such permit indicating that he/she agrees to the terms of the deposit restriction and applicable City Ordinances. 6. Decorations should not be attached to the pavilion that would tend to deface the structure including, but not limited to, staples, tacks, crepe paper, or any material that will stain. Approval shall be obtained from the Parks and Recreation Department for any special decorations. 7. Any open flames, candles (other than birthday cake candles), torches, etc. shall not be used in the pavilion and use of any decoration or equipment that requires electricity must meet appropriate fire and electrical codes. Ordinance 0-08-1687 Page 5 of 12 8. The City Manager or his designee shall determine the applicable charge or fee when an interpretation is needed, or the charge set by the Parks and Recreation Department is disputed. 9. Failure to adhere to Parks and Recreation Department rules and regulations will result in suspension of reservation privileges. 10. All decisions concerning the applicable fee, the non-refund of any portion of the deposit, or the denial of the use of the pavilion may be appealed to the City Manager or his designee. 11. The individual, group or organization will obey all rules and regulations, both written and verbal, and will not hold the City of Colleyville liable for any injury sustained while using the facility. 12. The person, whose signature appears on the reservation, or their representative is fully responsible for all participants using the facilities under the jurisdiction for the Parks and Recreation Department. Parks, Practice and Game Fields Reservations 1. City related functions shall have first priority in the city's parks and shall use these parks without charge. 2. Commercial use of any and all park facilities for filming, photographing, etc. shall require a charge plus a damage and clean-up deposit. 3. The use of picnic areas and play equipment (other than pavilion renters) shall be on a first-come, first-serve basis. No reservations are allowed. 4. Any group not sponsored by the city and desiring to use a park as a gathering place or for an event or function of any kind shall be subject to the following requirements: a. The organizer or representatives of the group desiring use of the park for an event or function shall file an application for a special permit with the Parks and Recreation Department at least thirty (30) days prior to the proposed date of the event or function. The application will be on a form provided by the Parks and Recreation Department and shall include the following information: i. name, address and telephone number of the person or persons responsible for the event or function; ii. a description of the event and its proposed date and hours of duration; Ordinance 0-08-1687 Page 6 of 12 iii. estimated number of people who will be in attendance; iv. the park and park area being requested for use; v. the nature and number of vehicles, which will be used to transport people in attendance to and from the event; vi. a description of any voice or musical amplification equipment to be used; and vii. any other information that may be required by the city in order to establish additional requirements for the preservation of the public health, safety and welfare. 5. Within three (3) days of the time the application has been filed with the Parks and Recreation Department, the Assistant City Manager will be notified of the event or function and will be provided copies of the application for the purposes stated above and for the purpose of assessing the demand placed upon services by the event and the impact upon the area surrounding the park. 6. In addition to the requirements set forth in this section, the group shall comply with any and all other applicable laws, statutes, ordinances, resolutions and rules governing use of the parks. These requirements include, but are not limited to, the payment of any fees or deposits, which may be required for the use of a public park by this ordinance. Playing Fields Ballfields: Practice Fields 1. Regulations a. During regular and post season play, all practice fields are reserved for the exclusive use of the youth sports associations, except for Sunday. b. The City also uses G-CISD facilities for baseball and softball practice fields. c. The City does charge a reservation fee for the practice baseball fields and softball fields at Reagan Park. d. The City does not charge a fee for open space areas at park facilities that have amulti-use backstop such as Kimzey Park. Ordinance 0-08-1687 Page 7 of 12 2. Fees and Refunds a. The City does not charge a fee for practice baseball/softball fields for youth sports associations and residents. The fee for each practice field for non-residents shall be $50.00 (without lights and $90.00 (with lights). Each session shall be no longer than two hours in accordance with the reservation schedule maintained by the Parks and Recreation Department. b. If the fields are not reserved, they will be available on a first-come, first-serve basis during daylight hours. c. Refunds are available due to inclement weather, provided however, that a request for a refund is submitted to the Parks and Recreation Department, in writing, within one week of scheduled session. Failure to submit a timely request for a refund forfeits the refund. Rescheduling in lieu of a refund is permitted based upon availability of time slots. Ballfields: Game Fields Regulations a. No person shall use the game fields in City Park for any purpose other than playing softball or baseball. b. During regular and post season play, all game fields are reserved for the exclusive use of the youth sports associations, except for Sunday. 2. Fees and Refunds a. During regular and post season play, the youth sports associations pay a maintenance fee for use of the game fields. b. The fee for each game field for residents and youth sports associations, outside of the regular and post-season play, shall be $50.00 (without lights) and $80.00 (with lights) per session. The fee for each game field for non-residents shall be $100.00 (without lights) and $180.00 (with lights). Each session shall be no longer than two hours in accordance with the reservation schedule maintained by the Parks and Recreation Department. c. Commercial or organized teams or teams playing games other than those scheduled by the city's youth sports associations, shall be required to pay a fee, as established by the Parks and Recreation Department. Field reservations are required for such teams. Ordinance 0-08-1687 Page 8 of 12 d. Refunds are available due to inclement weather, provided however, that a request for a refund is submitted to the Parks and Recreation Department, in writing, within one week of scheduled session. Failure to submit a timely request for refund forfeits the refund. Rescheduling in lieu of a refund is permitted based upon availability of time slots. e. A request for a waiver of the use of the Baseball Fields: Game Fields must be submitted, in writing, to the Parks and Recreation Department for consideration and approval of the Colleyville City Council. f. The Softball Game Fields can be used by the Colleyville Girls Softball Association for practice without a request for waiver. 3. Reservations: a. All fields are available by reservation only and only for the time slot reserved. Time slots for reservations are available in two-hour increments as seasonal conditions permit. The schedule shall be determined and approved by the Parks and Recreation Director or representative. b. Each person or team is limited to one (1) time slot per week (Monday through Saturday) per calendar month. Reservations must include the name of the coach or assistant coach, address and phone number, as set forth in this ordinance. No more than one person from a team may schedule a reservation. Reservations shall not conflict with scheduled youth sports association league play. c. Youth sports associations and residents may make reservations one week (seven calendar days) prior to the succeeding month. Non- residents may make reservations commencing on the first business day of the month. d. Any person or team found to be violating the terms of this policy shall be denied access to the fields for the remainder of the season. e. The Parks and Recreation Director or designated representative is authorized to designate any game field owned or leased by the City a closed field for maintenance or to protect the surface of the game field from damage. f. It shall be unlawful to go upon a game field, which has been designated as a closed field and has posted thereon a sign stating "Closed Field - Do Not Trespass Upon This Field - $1.00 - $500.00 Fine" unless the purpose for going upon a closed field is to maintain such field. Ordinance 0-08-1687 Page 9 of 12 Soccer Fields: Practice Fields Fees and Refunds a. The City does not charge a fee for practice soccer fields for youth sports associations and residents. b. Commercial or organized teams or teams playing games other than those scheduled by the city's recreational sports associations, shall be required to pay a fee, as established by the Parks and Recreation Department. Field reservations are required for such teams. 2. Reservations a. Practice fields are available on a first-come first-serve basis. Local sports associations and teams have priority. Any person or team found to be violating the terms of this policy shall be denied access to the practice fields for the remainder of the season. Soccer Fields: Game Fields Fees and Refund a. The fee for each game field for youth sports associations and residents shall be $50.00 (without lights) and $100.00 (with lights) per session. The fee for each game field for non-residents shall be $125.00 (without lights) and $175.00 (with lights). Each session shall be no longer than two (2) hours in accordance with the reservation schedule maintained by the Parks and Recreation Department. b. Commercial or organized teams, or teams playing games other than those scheduled by the City's recreational sports associations, shall be required to pay a fee, as established by the Parks and Recreation Department. Field reservations are required for such teams. c. A request for a waiver of the use of the Soccer Fields: Game Fields must be submitted, in writing, to the Parks and Recreation Department for consideration and approval of the Colleyville City Council. d. Refunds are available due to inclement weather, provided however, that a request for a refund is submitted to the Parks and Recreation Department, in writing, within one week of scheduled practice. Failure to submit a timely request for refund forfeits the refund. Rescheduling in lieu of a refund is permitted based upon availability of time slots. Ordinance 0-08-1687 Page 10 of 12 2. Reservations a. All fields are available by reservation only and for the time slot reserved. Time slots for reservations are available in two (2) hour increments, as seasonal conditions permit. The schedule shall be determined and approved by the Parks and Recreation Director or representative. b. Any scheduled game on the game fields or use of the game fields shall be played in uniform with licensed officials. c. Each person or team is limited to one (1) time slot per week (Sunday through Saturday) per calendar month. Reservations must include the name of the individual or the team and coach, address and phone number, as set forth in this ordinance. No more than one person from a team may schedule a reservation. Reservations shall not conflict with scheduled league play. d. Youth sports associations and residents may make reservations one week (seven calendar days) prior to the succeeding month. Non- residents may make reservations commencing on the first business day of the month. e. Any person or team found to be violating the terms of this policy shall be denied access to the game fields for the remainder of the season. f. The Parks and Recreation Director or designated representative is authorized to designate any game field owned or leased by the city a closed field for purposes of maintenance or to protect the surface of the game field from damage. g. It shall be unlawful to go upon a game field which has been designated as a closed field and has posted thereon a sign stating "Closed Field - Do Not Trespass Upon This Field - $1.00 to $500.00 Fine" unless the purpose for going upon a closed field is to maintain such field. Other Rental Facilities, including but not limited to sand volleyball, in-line hockey courts and basketball courts. 1. Fees a. The City does not charge a fee for the use of the sand volleyball, horseshoes, foursquare, in-line hockey and basketball courts. Ordinance 0-08-1687 Page 11 of 12 b. No person shall use the tennis courts, the practice or game fields or any area of a public park to charge a fee for any purpose, including private lessons or clinics. 2. Reservations a. All courts are available for use on a first-come, first-serve basis. Use of Certain Shoes Prohibited It shall be unlawful for a person to wear cleated shoes on the in-line hockey or basketball courts. Concessions The City may have concession contract(s) granting particular vendors exclusivity. All concession vendors must obtain a health permit. Residents and non-residents may request use of a concession stand. Requests must be in writing and will be reviewed by the Parks and Recreation Department Manager and the Assistant City Manager. Sports Clinics 1. Any individual or group seeking use of a park or playing field to conduct a sports clinic shall reserve the park or playing field by completing the appropriate application forms in the Parks and Recreation Department and pay a fee for the clinic to be held, as determined by the Parks and Recreation Department. 2. Scheduling of the clinics shall be determined and approved by the Parks and Recreation Director or designated representative. Clinics shall not conflict with any scheduled league play. 3. The applicant shall purchase a liability insurance policy naming the City as an additional insured, in an amount to be determined by the City. Enforcement 1. The Parks and Recreation Department shall have the primary responsibility for the enforcement of this policy and all codes and ordinances regulating the conduct and use of park and athletic facilities. The Chief of Police shall have secondary responsibility for such enforcement. Sec. 3. THAT this Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Colleyville, and this ordinance shall not Ordinance 0-08-1687 Page 12 of 12 operate to repeal or affect any of such other ordinances except insofar, as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which such conflicting provisions, if any in such other ordinance or ordinances are hereby repealed. Sec. 4. THAT any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00). Each day such violation continues or is allowed to exist shall constitute a separate violation and be punishable hereunder. 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 validty of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconsitutional. Sec. 6. 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 of 2008. The second reading and public hearing being conducted on the of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day day Matthew C. G. Boyle City Attorney n n, ~ `~.r ~ City of Colleyville 100 Mltain Street Colleyville, Texas 76034 ~.~.~y Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-08-2988 File Number: R-08-2988 Version: 1 Requester: Office of the City Manager File Type: Resolution Agenda Date: 07/15/2008 Agenda No.: 6a Status: Resolution Controlling Body: City Council Final Action: File Name: Approval to suspend the August 8, 2008, effective date of Oncor Electric Delivery Company requested rate change Attachments: Resolution R-08-2988 History of Legislative File Version: Date: Acting Body: Action Text: 07/15/2008 City Council Title Approval to suspend the August 8, 2008, effective date of Oncor Electric Delivery Company requested rate change Explanation Reading and Public Hearing On June 27, 2008, Oncor Electric Delivery Company (Oncor) filed an application with the City of Colleyville and the other cities retaining original jurisdiction, seeking to increase system-wide transmission and distribution rates by $275 million. (Until last year, Oncor was known as TXU Electric Delivery Company.) Oncor is asking the City to approve a 17.6% increase in residential rates, a 9.1 % increase in commercial rates and a 5.8% increase in street lighting rates. According to Oncor, annual rates would increase by approximately $60.00 annually for an average residential customer. If approved, Resolution R-08-2988 suspends the August 8, 2008, effective date of the Company's rate increase for the maximum period permitted by law and allows the City, to work in conjunction with the Steering Committee of Cities Served By Oncor (of which the City is a member), to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. The Public Utilities Regulatory Act (PURR), provides that a rate request made by an electric utility cannot become effective until at least 35 days following the filing of the application to change rates and permits the City to suspend the rate change for 90 days after the date the rate change would otherwise be effective. If the City fails to take action regarding the filing before the effective date, Oncor's rate request is deemed administratively approved. City of Colleyville Page 1 Printed on 7/9/2008 Agenda Briefing Continued (R-08-2988) Financial Impact It has been determined that there is no financial impact to suspend the rate increase for review. Recommendation Approval City of Colleyville Page 2 Printed on 7/9/2008 RESOLUTION R-08-2988 A RESOLUTION OF THE CITY OF COLLEYVILLE, TEXAS, SUSPENDING THE AUGUST 8, 2008, EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO ONCOR AND LEGAL COUNSEL FOR THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR WHEREAS, on or about June 27, 2008, Oncor Electric Delivery Company (Oncor), pursuant to the Public Utilities Regulatory Act PURR §§ 33.001 and 36.001 filed with the City of Colleyville, Texas, a Statement of Intent to increase electric transmission and distribution rates by $275 million in all municipalities exercising original jurisdiction within its service area effective August 8, 2008; and WHEREAS, the City of Colleyville is a member of the Steering Committee of Cities Served by Oncor ("Steering Committee") and will cooperate with the 109 similarly situated city members and other city participants in conducting a review of Oncor's application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, PURA § 36.108 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days after the date the rate change would otherwise be effective; and WHEREAS, PURA § 33.023 provides that costs incurred by cities in ratemaking activities are to be reimbursed by the regulated utility. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the August 8, 2008, effective date of the rate request submitted by Oncor on or about June 27, 2008, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. Sec. 2. THAT as provided in the City's resolution approving membership in the Steering Committee of Cities Served By Oncor, the Executive Committee of the Steering Committee is authorized to hire and direct legal counsel Resolution R-08-2988 Page 2 of 2 and consultants, negotiate with Oncor, make recommendations regarding reasonable rates, and to intervene and direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Public Utility Commission. Sec. 3. THAT the City's reasonable rate case expenses shall be reimbursed by Oncor. Sec. 4. THAT it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. Sec. 5. THAT a copy of this resolution shall be sent to Oncor, in care of Debra Anderson, Oncor Electric Delivery Company, 1601 Bryan St., Suite 23- 055C, Dallas, Texas 75201 and to Geoffrey Gay, General Counsel to the Oncor Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ~~i ~,~ ` _ ~' City of Colleyville City Hall (~, `; ~ 100 Main Street Colleyville, Texas 76034 ~~~~~ a Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-08-2989 File Number: R-08-2989 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 07/15/2008 Agenda No.: 6b Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of appointment of a City Council Liaison to the Metroport Teen Court Advisory Board Attachments: Resolution R-08-2989.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/10/2008 Zoning Board of Adjustment 1 07/15/2008 City Council Title Consideration of appointment of a City Council Liaison to the Metroport Teen Court Advisory Board Explanation Reading and Public Hearing In June 2000, the City Council approved Resolution R-00-1669, which formally established City Council liaisons for City boards, commissions and committees. During the July 1, 2008, Pre Council meeting, it was determined that the City Council liaison program would be discontinued, with the exception of the appointment of a liaison to the Metroport Teen Court Advisory Board. This item provides for the consideration of an appointment of a City Council liaison to the Metroport Teen Court Advisory Board. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 7/7/2008 RESOLUTION R-08-2989 A RESOLUTION APPOINTING A CITY COUNCIL LIAISON TO THE METROPORT TEEN COURT ADVISORY BOARD WHEREAS, the City Council desires to appoint a City Council liaison to the Metroport Teen Court Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT is appointed to serve as the City Council liaison to the Metroport Teen Court Advisory Board. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THIS THE _ AYES, NAYS AND DAY OF 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ti 0 3 `~ V y~ v a m n O Q ~ ~, ~Lj' n ~ ~ ~ o ~ Q ~ o ~a ~~ ~D y ~ ~. ? y ~~ 1 ~• N Q ~ O V1 ~~ ~~ lD Q cp ~ `D ~ 3 ~v S~ y 3 C `~ ° -~ ~~ ;s ~ ~ ~, o ~ ~ ~" ~ O an ~ ea m n ~' y ~ ~. ~n ~ ~ ~. y O ~ <~ Q `D ~s ~~ 0 m C) A m Zf ~ ~ a "' ~ y o ~D ~ ~, Z 3 W a ~ ~ ~ ; 1N `~ ~ ~ °Q a, m c~ 3 o A ~° t n O LL r ~ ~ ~v ~~ ~d ~ ~i ; ~ ~ cQ ~ ~ m ~ a. ~? Z C ~ ~ o Q ~~ ~ o ~ ~' ~ (D 'y, v ~- ~ o ~ M t~ ~ 7 ~ m` ~ J ~ ~ o n o .. Z c ~ as ~ ,~~, 'Q .a O t ~ pQ o o 'a _i3 0 ~ ~ ~ ~ cD CA ~ ~ s 'a C p O o' o 3 -~ o r. N _~ y 3 m~ O i~ 0 N m m n D v ~~~~ ~ ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 °~~~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-08-2990 File Number: R-08-2990 File Type: Resolution Status: Resolution Version: 1 Requester: Community Development Department Agenda Date: 07/15/2008 Agenda No.: 6c Controlling Body: City Council Final Action: File Name: Approval of a waiver of the requirements of Section 6.3 of the Colleyville Code of Ordinances regarding the sale of alcoholic beverages within 300 feet of a school, Case G-08-026 Attachments: Copy of Section 6.3 -Colleyville Code of Ordinances Overall Site Plan Showing Location • Resolution R-06-2672 Resolution R-08-2990 History of Legislative File Version: Date: Acting Body: Action Text: 07/15/2008 City Council Title Approval of a waiver of the requirements of Section 6.3 of the Colleyville Code of Ordinances regarding the sale of alcoholic beverages within 300 feet of a school, Case G-08-026 Explanation Reading and Public Hearing This request involves a petition by the new tenants of the previously vacated Metro Cinema site located in the Colleyville Town Center shopping center for a waiver to the 300 foot distance requirement, as stated in Section 6.3 of the Colleyville Code of Ordinances, between an establishment that sells alcohol and a school. The new name for the theater will be the Colleyville Cinema Grill and IMAX Theater. The City Council previously approved a similar request for this property under Resolution R-06-2672 on March 7, 2006, granting a waiver to the 300 foot separation requirement to the Metro Cinema of Colleyville/Indigo Grille Restaurant. Although Resolution R-06-2672 granted a waiver request to Metro Cinema of Colleyville/Indigo Grille Restaurant, the resolution states that any change to the certificate of occupancy shall render the waiver invalid. Therefore the new tenants of the movie theater must obtain a new waiver from the City Council. The 300 foot distance requirement between an establishment that sells alcohol and a school is measured from property line to property line. The property line for the movie theater/restaurant is eighty feet from the property line of the Barbara Gordon Montessori School. The eighty foot right-of-way of Riverwalk Drive separates the Town Center properties from the Barbara Gordon Montessori School. The Barbara Gordon Montessori School property is accessed from Hall Johnson Road, but the property has frontage on City of Colleyville Page 1 Printed on 7/9/2008 Agenda Briefing Continued (R-08-2990) Riverwalk Drive. The Town Center development fronts toward Colleyville Boulevard and the back of the shopping center faces Riverwalk Drive, which is a four lane roadway. On February 18, 2003, the City Council approved a Special Use Permit under Ordinance 0-03-1389, which authorizes the sale of alcoholic beverages within the limits of the entire Town Center development, provided that any business complies with the 300 foot distance requirement from a school. A license to sell alcoholic beverages cannot be issued by the City for property located within 300 feet of a public school, or a private school that has more than 100 students enrolled in kindergarten through sixth grade, unless the City Council approves a waiver of the distance requirement due to special circumstances. A copy of Section 6.3 of the Colleyville Code of Ordinances, which contains the distance requirements and the waiver provision, is attached. The City Council approved a similar waiver request of the distance requirements on January 6, 2004, for Gloria's Restaurant, which is also located in the Town Center development. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 7/9/2008 Copy of Section 6.3 - Colleyville Code of Ordinances Sec. 6-3. Restrictions on sales within prescribed distances of public and privafe schools, churches and public hospitals. (a) It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages where the place of business of any such person is within three hundred (300) feet of any church, public or private school, or public hospital. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. (c) The measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school shall be in a direct line from the property line of the public or private school to the property line of the place of business and in a direct line across intersections. [d) The City Council may allow a variance to this section if it determines that the enforcement of the reaulation in a particular instance is not in the best interests of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on the applicant for a license or permit does not serve its intended purpose or is not effective or necessary, or for any other reason the City Council determines, after consideration of the health safety and welfare of the public and the eauities of the situation that the variance is in the best interest of the community. (e) The term "private school", including a parochial school, means a school offering a course of instruction for students in one or more grades from kindergarten through grade 12, and has more than 100 students enrolled and attending courses at a single location. Overall Site Plan Showing Location Site Location RESOLUTION R-06-2672 A RESOLUTION APPROVING A WAIVER OF SECTION 6.3 OF THE COLLEYVILLE CODE OF ORDINANCE REGARDING THE DISTANCE REQUIREMENTS FOR THE SALE OF ALCOHOLIC BEVERAGES FOR METRO CINEMA OF COLLEYVILE/INDIGO GRILLE RESTAURANT ON LOTS 7 AND 8, BLOCK 1, TOWN CENTER COLLEYVILLE ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the distance requirements from a public or private school are hereby waived to allow Metro Cinema of Colleyville/Indigo Grille Restaurant to obtain a license to sell alcoholic beverages in conjunction with a movie theater and restaurant on Lots 7 and 8, Block 1, Town Center Colleyville are hereby waived. Sec. 2. THAT this waiver shall be valid for the certificate of occupancy for Metro Cinema of Colleyville/Indigo Grille Restaurant at the location stated above, and shall become invalid upon any change in occupancy. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ~ AYES, ~_ NAYS AND D ABSTENTIONS ON THIS THE f= DAY OF 2006. ATTEST: Cynthia Singleton, TRMC City Secretary CITY OF COLLEYVILLE /--~-J David Kelly Mayor RESOLUTION R-08-2990 A RESOLUTION APPROVING A WAIVER OF SECTION 6.3 OF THE COLLEYVILLE CODE OF ORDINANCES REGARDING THE DISTANCE REQUIREMENTS FOR THE SALE OF ALCOHOLIC BEVERAGES FOR A RESTAURANT IN CONJUNCTION WITH A MOVIE THEATER ON LOTS 7 AND 8, BLOCK 1, TOWN CENTER COLLEYVILLE ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the distance requirements from a public or private school are hereby waived to allow Colleyville Cinema Grill and IMAX Theater to obtain a license to sell alcoholic beverages in conjunction with a movie theater and restaurant on Lots 7 and 8, Block 1, Town Center Colleyville. Sec. 2. THAT this waiver shall be valid for the certificate of occupancy for Colleyville Cinema Grill and IMAX Theater at the location stated above, and shall become invalid upon any change in occupancy. 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 .;~2; ~~r ~~~ Cit of Colle ville City Hall (~ Y Y 100 Main Street Colleyville, Texas 76034 °~~°~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Report Version: 1 Agenda Date: 07/15/2008 Requester: Office of the City Agenda No.: 8 Secretary File Name: Reports -July 15, 2008 Attachments: Senior Advisory Committee Minutes -May 15, 2008 History of Legislative File Status: Reports Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 07/15/2008 City Council Title Senior Center Advisory Committee Minutes -May 15, 2008 City of Colleyville Page 1 Printed on 7/9/2008 G~tY of ~ Il~ ~'exas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, May 15, 2008 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:30 p.m. on Thursday, May 15, 2008 by Debra Minea, Chair of the Committee. ROLL CALL: Debra Minea, Wanda Johnson, Lila Coley, Dorothy Parker, Jack Olsen, Connie Hampton and Patrecia Fox ABSENT: Councilman Tom Hart and Councilman Mike Taylor, STAFF: Monica Walsh, Park and Recreation Director and Renee Garrett, Senior Center Supervisor Call to Order and Roll Call Approval of the April 17, 2008 Senior Center Advisory Committee Minutes Jack Olsen made a correction on page 2 under item 6, Reports -Staff and Committees. The following paragraph is as stated in the April 17, 2008 minutes: "Connie Hampton reported that two (2) sympathy cards and six (6) get well cards were mailed in April." The corrected minutes should read: "Renee Garrett reported for Connie Hampton that two (2) sympathy cards and six (6) get well cards were mailed in April." Senior Center Advisory Committee May 15, 2008 Page 2 of 3 Jack Olsen made a motion to approve the minutes as amended. Patrecia Fox seconded. The motion carried with a unanimous vote. 3. Discussion and Consideration of Senior Center Committees Social Committee: Barbara Kirkland will accept the position as chairperson of the Social Committee; however, she will not be available for six (6) weeks. If someone else would like to take the position until she is available that would be fine with her. Announcements will be made on Tuesday's to recruit volunteers for the committee. Wanda Johnson will meet with Barbara Kirkland and let her know that announcements will be made to recruit volunteers and discuss further plans. Directory Communications Committee: The committee is not taking anymore applications for the directory. The release that was signed stated that the Directory would only be distributed to members only. It is not for distribution to non-members or to the general public. There are 90 names in the Senior Center's first directory. Welcome Committee: Dorothy Parker volunteered to chair the committee and will make an announcement at lunch on Friday about the committee. She will recruit volunteers to help her. Discussed welcome folder with information to give to new members and also send cards and welcome letters. 4. Discussion and Consideration of Senior Center Wish List The acoustical project was discussed and options are being evaluated by City staff. Received grant from the Colleyville Women's Club for the chairs and bookcases for the library. 5. Discussion on Items of Interest for Potential Future Action None to report. 6. Reports -Staff and Committees Renee Garrett, Senior Center Supervisor, gave an overview of the senior activities and programs. Senior Center Advisory Committee May 15, 2008 Page 3 of 3 Connie Hampton reported that six (6) cards were mailed in May. Jack Olsen reported that there are only three (3) computers with power surges. If computers are running when a storm comes up, they need to be shut down and unplugged. Debbie Minea reported lunches are going well. Attendance was down last time and there will only be one lunch in July. 7. Citizen comments/presentation regarding items not on the agenda* No citizen comments. 8. Adjournment Jack Olsen moved to adjourn at 2:14 p.m. Wanda Johnson seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: Wanda H. Drexel, Administrative Secretary RESOLUTION R-08-2991 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JULY 15, 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 AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor