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City Council-Agenda Packets-2/3/2009
~~ .. s.,.; City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, February 3, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of possible amendments to Chapter 9-Subdivision Design and Public Facilities of the Land Development Code regarding sidewalk regulations, Case G-09-005 PC-2 Discussion of the process for filling an unexpired term on the Metroport Teen Court Advisory Board PC-3 Presentation of the Quarterly Investment Report PC-4 Presentation of the General Fund Budget update for the first quarter of Fiscal Year 2009 PC-5 Discussion of the February 3, 2009 regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.074 - Personnel -Deliberate the appointment, employment and duties of the City Manager City of Colleyville Page 1 Printed on 1/30/2009 City Council Agenda February 3, 2009 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 2. 3. INVOCATION: Pastor Dale Smith, Colleyville Presbyterian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3060 ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. 4a 5. 5a 6. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3061 Approval of the minutes of the regular City Council meeting of January 20, 2009 ORDINANCE(S): SECOND READING AND PUBLIC HEARING 0-09-1707 Approval to amend Ordinance 0-98-1130 relative to the Colleyville Tree Board ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1708 Approval of an amendment to Chapter 3-Land Use of the Land Development Code regarding fences and residential carports, Case G-09-003 6b 0-09-1709 Approval of an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code regarding wind driven generators, Case G-09-004 City of Colleyville Page 2 Printed on 1/30/2009 City Council Agenda February 3, 2009 6c 0-09-1710 Approval of amendments to Chapter 22, Article VI of the Code of Ordinances regarding Mass Gathering Regulations and Chapter 6, Article 1 of the Code of Ordinances regarding Alcoholic Beverages, Case GC09-001 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3062 Consideration of appointment to the Park Land Dedication Committee 7b R-09-3063 Consideration of appointment of an ex-officio member to the Colleyville Library Board 7c R-09-3064 Calling a General Election for May 9, 2009, for the purpose of electing Councilmembers to Place 5 and Place 6 7d R-09-3065 Approval of a resolution supporting the Regional Transportation Council's (RTC) Legislative Program addressing transportation improvements for the 81st Texas Legislature 7e R-09-3066 Approval of a resolution accepting the annual audit for Fiscal Year Ended September 30, 2008 7f R-09-3067 Supporting Cities Aggregation Power Project, Inc. (CAPP) in endorsing legislative changes to the competitive electric market during the 81st Texas Legislative Session 8. TABLED ITEM: 8a R-09-3055 Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1R-B, Block 1 of the K.R. Marsh Addition located at 2109 Oak Knoll Court, Case G-09-002 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS: Capital Improvements Advisory Committee Minutes -June 26, 2006 Parks and Recreation Advisory Board Minutes -November 3, 2008 Planning and Zoning Commission Minutes -January 12, 2009 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 3, 2009 -Reading and Public Hearing -Resolution R-09-3068 City of Colleyville Page 3 Printed on 1/30/2009 City Council Agenda February 3, 2009 12. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, January 30, 2009, by 5:0 Cynthia Singleton, 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 4 Printed on 1/30/2009 _~_ y .n. ,. :;~ City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Pre Council Agenda Date: 02/03/2009 Agenda No.: PC-1 Status: Pre Council Controlling Body: City Council Final Action: File Name: Discussion of possible amendments to Chapter 9-Subdivision Design and Public Facilities of the Land Development Code regarding sidewalk regulations, Case G-09-005 Attachments: Proposed Amendments to Chapter Nine Subdivision Design and Public Facilities 2008 Supplemental Sidewalk System Map Proposed Sidewalk Escrow District Map History of Legislative File Version: Date: Acting Body: Action Text: 01/26/2009 Planning and Zoning Commission 02/03/2009 City Council Title Discussion of possible amendments to Chapter 9-Subdivision Design and Public Facilities of the Land Development Code regarding sidewalk regulations, Case G-09-005 Explanation The purpose of this item is to discuss possible amendments to Chapter 9-Subdivision Design and Public Facilities regarding sidewalk construction and escrow of funds. Upon the recommendation of the Sidewalks and Trails Committee, the City Council approved the Supplemental Sidewalk System Map on November 18, 2009. The map serves as the policy tool for the City in determining which streets should have new sidewalks built or funds escrowed upon new construction. In order to match the sidewalk requirements in the Land Development Code to the new Supplemental Sidewalk System Map, staff proposes the following amendments: Section 9.19: "General Sidewalk Requirement -General Sidewalk Requirement -Sidewalks shall be constructed #e~-sash-let prior to completion of any primary structure for all lots that: (1) front on streets required to have sidewalks as shown on_the City's Supplemental Sidewalk System Map, or; (2) are required as part of a Planned Unit Development or Special use Permit; or, (3) front on a new street dedicated in conjunction with a subdivision ~. Other than properties zoned as Planned Unit Developments or containing Special Use Permits with specific sidewalk provisions, any variance to the sidewalk construction requirements described above shall be considered by the Planning and Zoning Commission. The decision of the Planning and Zoning Commission shall be considered to be final. The sidewalks shall be constructed adjacent to and within the public street City of Colleyville Page 1 Printed on 1/30/2009 Agenda Briefing Continued right-of-way and include curb ramps where applicable. Where no public right-of-way exists, the sidewalk shall be located within a public access easement that provides accommodation of the future street right-of-way dedication. When a subdivision is proposed with a masonry or other permanent perimeter screening wall adjacent to a street, the sidewalk shall be constructed by the developer at the same time as the screening wall. All sidewalks shall conform to the standards and specifications contained in this Land Development Code." Another component of the amendment shown above involves removing the consideration of any variance requests to new construction from the City Council and, in turn, giving sole variance authority to the Planning and Zoning Commission. The final proposed amendment to Chapter 9 involves adding a sidewalk escrow policy. Chapter 9 currently allows escrows) in lieu of construction for any required infrastructure included in a new development. The new proposed policy explains the process for paying into escrow for new sidewalk construction and allows escrow funds to be spent within a defined neighborhood district, instead of along the specific property for which the escrow was paid. The major tenets of the proposed policy are as follows: - Anyone may request to escrow funds in lieu of construction for a new sidewalk to the Public Works Director or the Community Development Director. - The Director(s) would make the determination that the escrow is allowed, not required, or rejected based on the recommendation of the Supplemental Sidewalk System Map. - Anyone wishing to appeal the decision of the Director(s) would have ten days to submit a written request in order to have their appeal heard by the Planning and Zoning Commission. - Existing sidewalk escrows already accounted for and new escrows paid in lieu of sidewalk construction would be allowed to be spent for new sidewalk construction by the City in six (6) specified neighborhood districts. These proposed districts are attached and follow the same boundaries as the six neighborhoods identified in the 2004 - 2025 Colleyville Plan. Therefore, if a new home paid a sidewalk escrow in lieu of construction, that escrow amount could be spent on the construction of a sidewalk in front of another property as long as it is located within the same neighborhood district. The district boundaries were chosen because they ensure that any new sidewalks constructed with escrow monies collected under this policy would be located within reasonable proximity of the specific property for which the escrow funds were collected. Additionally, the neighborhood boundaries identified in the Colleyville Plan do not subdivide any homeowner's association boundaries thereby keeping the district boundaries consistent with established neighborhood boundaries. Based on discussion received from the City Council on this item, staff may bring forward these amendments for future City Council consideration. City of Colleyville Page 2 Printed on 1/29/2009 Proposed Amendments to Chapter Nine Subdivision Design and Public Facilities A. General Requirement -The developer of a subdivision shall install all water, sewer, street, sidewalk and drainage improvements, and any other facilities required by this Land Development Code, which are necessary for the proper development of the subdivision. The design, construction and inspection of any public facilities shall be a cost to the developer, unless the City has entered into an agreement for cost sharing. All such facilities shall be designed and constructed in accordance with the criteria contained in this Land Development Code and be in conformance with the general layout of the City of Colleyville Master Land Use Plan and Capital Improvements Plan. The public facility requirement of this section shall be applicable to the upgrading of any existing facilities which do not meet current standards. B. Apportionment of Infrastructure Costs - As a condition of the approval of a development, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. 1. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for delivery of emergency services. 2. The professional engineer making the proportionality determination may rely on categorical findings from comparable public improvement projects for establishing a cost basis. The basis used for determining estimated costs shall be revised annually on July 1 by the Colleyville Engineering Department. 3. A developer who disputes the determination by said professional engineer may appeal to the City Council and present testimony and evidence in support of the appeal. The appeal shall be written and filed with the City Secretary within ten (10) days after the date action taken by the Planning and Zoning Commission on the development proposal. The developer shall not be required to waive the right to appeal as a condition of approval of the development project. C. Optional Escrow Provision -Where, in the. opinion of the City, construction of a required public improvement should be deferred to a future date, the developer shall place in escrow with the City, an amount equal to the estimated cost of the improvements, as determined by the City Engineer. The Planning and Zoning Commission or City Council may consider an alternate arrangement when appropriate. Any escrow related to the construction of sidewalks shall adhere to the requirements set forth in Section F. D. City Participation in Over-Sizinq -Where over-sizing of a public improvement is required by the Comprehensive Master Plan, Thoroughfare Plan, Water or Sewer Capital Improvements Plan or other planning document adopted by the City, City participation shall be in accordance with the provisions of any applicable Impact Fee Ordinance or City-Developer Agreement, which has been approved by the City Council. E. Public Easements -All public improvements shall be constructed within easements or rights-of-way that have been dedicated for public use. The width of an easement or right-of-way shall be in accordance with the specifications contained elsewhere in this Land Development Code. F. Escrow Policv for Sidewalks 1. Request for Escrow Whenever these regulations require a property owner to construct a sidewalk for a dwelling unit. the property owner may petition the Citv for deposit of an escrowed amount. as established in this Section, in lieu of the required construction of a sidewalk. The Director of Public Works or the Page 2 of 3 Director of Community Development shall determine whether the escrow is reasonable in lieu of the obligation to construct the improvement based on the Supplemental Sidewalk System Map. If an escrow request is denied, then the applicant may appeal that denial to the Planning and Zoning Commission if a written reauest for appeal is received by the Director of Public Works or the Director of Community Development within ten (10) days of the denial. The decision of the Planning and Zoning Commission shall be final. 2. Deposit with the City Whenever the Citv agrees to accept escrow deposits in lieu of construction by the owner of the property under these regulations, the property owner or developer shall deposit an amount equal to his share of the costs of design and construction in escrow with the City. This amount shall be paid prior to release of construction plans by the Director of Public Works. The obligations and responsibilities of the property owner shall become those of the property owner's transferees. heirs, successors. and assigns; and the liability therefore shall be joint and several. 3. Determination of Escrow Amount The amount of the escrow shall be determined by using the average of the comparable bids awarded by the City in the preceding six (6) months for sidewalk design and construction or, if none exist, then current market value of the design and construction of a sidewalk in the City, to be determined by the Director of Public Works. The determination shall be based on reasonable current market value made as of the time the escrow is due. 4. Termination of Escrow Escrows fees paid to the Citypursuant to this Section shall be held for a period of ten (10) years from the date of the deposit. If the Citv has not expended such funds on a sidewalk with the Sidewalk District of the dwelling unit that deposited the sidewalk escrow fee, and upon written request from the original party making the deposit, such funds shall be returned to the original party that paid the escrow fees with accrued interest, subject to the limitations in Subsection 6. Such return does not remove anv obligations of the dwelling unit for construction of reauired improvement(s) if a building permit is applied for. 5. Refund If any public improvement for which escrow is deposited is constructed or is reconstructed by another governmental authority at no cost to the Citv. the escrow funds and accrued interest shall be refunded to the property owner or developer after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another governmental authority. the difference between the owner's actual proportionate cost and the escrow funds. including accrued interest, if anv. shall be refunded after completion and acceptance of the improvements. 6. Interest Limitation If for any reason money is refunded within six (6) months of deposit. only the principal will be refunded. Monies returned after this date will be refunded with interest accrued calculated at one percent (1%) less than the rate of actual earnings received on the escrowed funds. 7. Waiver of Escrow The Developer may apply to the Planning and Zoning Commission for a waiver of the requirement to construct a sidewalk or escrow funds in lieu of construction. The decision of the Planning and Zoning Commission is final. Deletions are depicted as StFiket#~re~ Additions are Depicted as Underline Page 3 of 3 8. Use of Escrow Funds Six (6) Sidewalk Districts are hereby established throughout the City. These districts shall share the same boundaries as the six (6) neighborhoods depicted on the Neighborhood Boundary Map in the 2004 - 2025 Collevville Plan. The Sidewalk Districts are established so that sidewalk escrow funds will be expended within sufficient proximity to the dwelling unit that deposited the sidewalk escrow fee so as to reasonably benefit that dwelling_unit. Funds escrowed pursuant to this Section shall be expended on design and construction of sidewalks located at any place within the same Sidewalk District as the dwelling unit depositing the sidewalk escrow fee. 9. Existing Escrow Funds All funds currently escrowed in lieu of sidewalk construction as of the effective date of this Ordinance are subject to expenditure under this Ordinance unless the original party that escrowed the funds files a written objection with the Director of Community Development within thirty (30) days after notice of this Ordinance is mailed to the original party. Notice of this Ordinance shall be sent to all original parties who have paid and escrow fee in lieu of sidewalk construction. This Ordinance shall apply to all funds escrowed in lieu of sidewalk construction after the effective date of this Ordinance. Form for Escrow An escrow for the construction of a sidewalk pursuant to this Section shall be in the following form: In lieu of constructing the necessary sidewalks in the development, the developer shall be required to escrow funds for the construction the sidewalks which shall be dedicated to the City. The developer shall be reauired to escrow these funds in the amount of $ which includes contingencies, engineering, and design. This escrow requirement shall be fulfilled prior to the signing and filing of the approved final plat. A. General Sidewalk Requirement -General Sidewalk Requirement -Sidewalks shall be constructed #er each-let prior to completion of any primary structure for all lots that: (1) front on streets required to have sidewalks as shown on the City's Supplemental Sidewalk System Map. or: (2) are reauired as part of a Planned Unit Development or Special use Permit; or, (3) front on a new street dedicated in conjunction with a subdivision plat. Other than properties zoned as Planned Unit Developments or containing Special Use Permits with specific sidewalk provisions. any variance to the sidewalk construction requirements described above shall be considered by the Planning and Zoning Commission. The decision of the Planning and Zoning Commission shall be considered to be final. The sidewalks shall be constructed adjacent to and within the public street right-of-way and include curb ramps where applicable. Where no public right-of-way exists, the sidewalk shall be located within a public access easement that provides accommodation of the future street right-of-way dedication. When a subdivision is proposed with a masonry or other permanent perimeter screening wall adjacent to a street, the sidewalk shall be constructed by the developer at the same time as the screening wall. All sidewalks shall conform to the standards and specifications contained in this Land Development Code. B. Trails System Sidewalks - When a proposed sidewalk coincides with the general location of a future sidewalk shown in the most recently approved Colleyville Trails System Plan, the sidewalk shall be constructed in accordance with the design standards for a trails system sidewalk. The standards and specifications for a trails system sidewalk are contained elsewhere in this Land Development Code. The developer shall be required to provide additional street right-of-way dedication or a public access easement of sufficient width to accommodate the trails system sidewalk. Where the trails system sidewalk will be located at the rear or to the side of a lot, such as within agreen-belt or similar open space, the developer shall provide sufficient right-of-way or public access easement to accommodate the sidewalk. Deletions are depicted as ~~ Additions are Depicted as Underline y .~ 'a" ~ ~ C+~ . ~ ~ '~~"' ~ ~ ~ V o U ~ p ~ W °E ~ g C5 }.~ ~ ~J ~ ~~ ~~ ~ r // v ` t~ .~ ~.d~ ~~ ~~ 'i r~~~ .~ O V W O O L ffi z ra --: ~ +--:---c.~ c:u o~ (~ ~ City of Colleyville 100 Main Street `~ Colleyville, Texas 76034 ~`~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Office of the City Secretary File Type: Pre Council Agenda Date: 02/03/2009 Agenda No.: PC-2 Status: Pre Council Controlling Body: City Council Final Action: File Name: Discussion of the process for filling an unexpired term on the Metroport Teen Court Advisory Board Attachments: Stephanie Marshall letter dated January 22, 2009.pdf Metroport Teen Court Advisory Board Roster. pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 02/03/2009 City Council Title Discussion of the process for filling an unexpired term on the Metroport Teen Court Advisory Board Explanation On January 22, 2009, Ms. Stephanie Marshall, whose term expires September 2009, resigned from the Metroport Teen Court Advisory Board. This item provides for City Council to determine the process for filling the vacant position. In accordance with the City Council Rules of Procedure, Section VII, Procedures for City Council Appointments, Section 7.2; In the event of a vacancy other than an expiring term, the City Council may fill the position by a majority vote of the City Council without advertising. The appointee shall serve the unexpired term. City Council may consider the following options for filling the position: • Consider the appointment at the February 17, 2009 City Council meeting without advertising • Advertise the position with the current openings with an application deadline of February 27, 2009, and consider the appointment during the March 3, 2009 City Council meeting (24 days of advertising) • Advertise the position for thirty days and consider the appointment at the March 24, 2009 City Council meeting City of Colleyville Page 1 Printed on 1/29/2009 Teen court advisory board Cynthia Singleton Yage 1 oT 1 From: Stephanie K. Marshall [ 1 Sent: Thursday, January 22, 2009 8:31 AM To: Cynthia Singleton Subject: Teen court advisory board Dear Ms. Singleton, I was appointed to the Teen court advisory board fast fall. I am going to be moving out of state in the next 30 days and have resigned my position on the board. I notified the board coordinator and wanted to notify you as well. Thank you for the opportunity to serve, Stephanie Marshall (817)946-8105 ~~~rJll.~taL9VN.s/L Public Services Librarian 1/23/2009 Metroport Teen Court Advisory Board VACANT TERM: -September 2009 Darlene Freed 3417 Lookout Court Grapevine, TX 76051 W: 817.481.9977 F: 817.488.2988 M: 817.480.6434 TERM: September 2007 - 2009 Debbie Armstrong 3006 Double Creek Drive Grapevine, TX 76051 H: 817.481.3606 M: 817.366.6648 TERM: September 2007 - 2009 Karyn Hahne 5004 Old Oak Lane Colleyville, TX 76034 H: 817.545.5547 F: 817.545.5597 khahne tx.rr.com TERM: September 2008 - 2009 Teresa Campbell 700 E. Southlake Blvd., Ste. 150 Southlake, TX 76092 W: 817.329.3000 M: 817.235.0275 TERM: May 2008 - 2010 Laura Hill 1601 Kings Court Southlake, TX 76092 H: 817.251.1982 TERM: May 2007 - 2009 Court Personnel Metroport Teen Court Assistant Majorie Lewis Sandy Sobocinski Veronica Jones 514 Alamo Trail 903 Wentwood Drive 1400 Main St., Ste. 210 Grapevine, TX 76034 Southlake, TX 76092 Southlake, TX 76092 W: 817.482.6524 W: 817.949.5800 W: 817.748.8346 H: 817.482.6524 H: 817.410.8014 Jones(c~ci.southlake.tx.us TERM: September 2007 - 2009 TERM: May 2007 - 2009 TERM: -Present Court Personnel COUNCIL LIAISON Metroport Teen Court Coordinator Kristin White Mike Taylor 1400 Main Street 5209 Coventry Place Southlake, TX 76092 Colleyville, TX 76034 W: 817.748.8346 W: 817.377.9966 kwhiteCa~ci.southlake.tx.us H: 817.267.5407 TERM: -Present F: 817.377.4405 M: 817.366.5557 tavlormCa)ci.collewille.tx. us Revised 01-26-2009 ~~r~~, ~ `: ~. ~ City of Colleyville City Hall 100 Main Street ` f Colleyville, Texas 76034 ~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 02/03/2009 Requester: Finance Department Agenda No.: PC-3 File Name: Presentation of the Quarterly Investment Report Attachments: Quarterly Investment Report.pdf History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 02/03/2009 City Council Title Presentation of the Quarterly Investment Report Explanation During the period of October 1, 2008 through December 31, 2008, the City of Colleyville had an average of $32,723,455 invested on a daily basis, which earned $200,511, with an average yield of 2.43%. The average yield on investments for this quarter is down from the prior quarter's average of 2.68%. As of December 31, 2008, the City had $32,058,313 invested in the LOGIC Investment Pool and various debt instruments in the following percentages: LOGIC Investment Pool 49.36% FHLB Notes 23.61 Treasury Notes 13.38% FHLB Discount Notes 6.24% FNMA Note 4.29% FFCB Note 3.12% These percentages are within the guidelines for portfolio diversification in the City's investment policy. The market value of the City's investments on December 31, 2008 was $16,494,845 as compared to a purchase price of $16,409,122 (this excludes LOGIC Investment Pool). The Colleyville Economic Development Corporation currently holds a Treasury Bill ($550,000) with a market value of $549,758 and a purchase price of $538,624. Additionally, $1,035,597 was invested in the Corporation's name in the LOGIC Investment Pool. These funds earned interest of $8,930 for the quarter. This report was presented to the Audit Committee on January 20, 2009. City of Colleyville Page 1 Printed on 1/28/2009 QUARTERLY INVESTMENT REPORT OUTSTANDING INVESTMENTS AT DECEMBER 31, 2008 PURCHASE PAR MARKET VALUE MATURITY YIELD ON PRICE VALUE @ 12/31/08 DATE INVESTMENT FHLB NOTE $499,870 $500,000 $501,720 2/27/2009 2.700% TREASURY NOTE $1,276,328 $1,240,000 $1,253,181 3/3112009 1.760% FHLB NOTE $1,597,792 $1,600,000 $1,607,504 4/3/2009 2.350% FFCB NOTE $1,010,800 $1,000,000 $1,009,060 4/15!2009 2.325% FHLB NOTE $1,049,179 $1,050,000 $1,059,188 5/28/2009 2.580% TREASURY NOTE $563,664 $550,000 $562,524 6/30/2009 2.347% FNMA NOTE $1,404,382 $1,375,000 $1,408,523 7/13/2009 3.040% FHLB NOTE $1,219,297 $1,185,000 $1,214,258 8/14/2009 2.500% TREASURY NOTE $1,351,797 $1,300,000 $1,345,097 8/15/2009 2.391% FHLB DISCOUNT $968,325 $1,000,000 $996,000 9123/2009 3.272% FHLB DISCOUNT $970,750 $1,000,000 $995,400 10/2/2009 3.110% FHLB NOTE $1,122,103 $1,115,000 $1,140,433 1015/2009 3.100% TREASURY NOTE $1,232,472 $1,200,000 $1,228,920 10115/2009 1.590% FHLB NOTE $943,563 $920,000 $957,380 12111/2009 3.050% FHLB NOTE $1,198,800 $1,200,000 $1,215,756 10/15/2010 3.552% TOTAL OUTSTANDING INVESTMENTS $16,409,122 $16,235,000 $16,494,944 CITY OF COLLEYVILLE BALANCES AT DECEMBER 31, 2008 INVESTMENT PURCHASES $16,235,000 LOGIC INVESTMENT POOL $15,823,313 TOTAL CITY INVESTMENTS HELD AT DECEMBER 31, 2008 $32,058,313 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BALANCES AT DECEMBER 31, 2008 INVESTMENT PURCHASES $538,624 LOGIC INVESTMENT POOL $1,035,597 TOTAL CEDC INVESTMENTS HELD AT DECEMBER 31, 2008 $1,574,221 TOTAL INVESTMENTS HELD BY CITY OF COLLEYVILLE ND COLLEYVILLE ECONOMIC DEVELOPMENT CORP AT DECEMBER 31, 2008 $33,632,534 INTEREST EARNINGS ON CITY OF COLLEYVILLE INVESTMENTS OCTOBER 1 -DECEMBER 31, 2008 PURCHASE PAR MATURITY YIELD ON INTEREST PRICE VALUE DATE INVESTMENT EARNED FHLB NOTE $499,870 $500,000 2/29/2009 2.700% $3,403 TREASURY NOTE $1,276,328 $1,240,000 3/31/2009 1.760% $5,501 FHLB NOTE $1,597,792 $1,600,000 4/3/2009 2.350% $9,477 FFCB NOTE $1,010,800 $1,000,000 4/15/2009 2.325% $5,860 FHLB NOTE $1,049,179 $1,050,000 5/28/2009 2.580% $6,828 TREASURY NOTE $563,664 $550,000 6/30/2008 2.347% $3,254 FNMA NOTE $1,404,382 $1,375,000 7/13/2009 3.040% $10,536 FHLB NOTE $1,219,297 $1,185,000 8/14/2009 2.500% $7,467 TREASURY NOTE $1,351,797 $1,300,000 8/15/2009 2.391% $7,835 FHLB DISCOUNT $968,325 $1,000,000 9/23/2009 3.272% $8,247 FHLB DISCOUNT $970,750 $1,000,000 10/2/2009 3.110% $7,839 FHLB NOTE $1,122,103 $1,115,000 10/5/2009 3.100% $8,712 TREASURY NOTE $1,232,472 $1,200,000 10/15/2009 1.590% $4,809 FHLB NOTE $943,563 $920,000 12/11/2009 3.050% $7,073 FHLB NOTE $1,198,800 $1,200,000 10/15/2010 3.552% $10,744 TOTAL INTEREST EARNED ON CITY INVESTMENTS HELD 10-1-08 THROUGH 12-31-08 $107,584 0o r~ oo cD o o co a> o rn ~ ~ 0 0 in o ' N u~ o o r eh ~n rn o 0 o co F- ~ O O ~ M O ll7 I~ ~ I~ N ~ to W W 0 M lf7 X1'1 O (D 1~ M O M ~ ~ 00 N CD 00 Y J O ~ ~ N 69 Q Q r b9 ER 69 ~ E 9 fR EA ~ Q Z ~ Z Z ~ ~ _ Q ~ ~ LL 0 ~ ~ o W cn o N ~ ~ Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Z ~ Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z ~ ~ ~ ~ LL O O ~ O W M M I~ V O O O O O ~' ~ a0 N O (D op M N O N a0 N O O ~ ~ O N r O ~ O ~ ~ ~ O In M ~ O V' i~ O O ~ M a0 I~ m O O O l1') N I~ O ~ ~ ~ W W ~ N O O ~ ~ O ~f CO ~ O O m O Y ~ M N N N O O - O c' V M O 6 O R ~ d O O N ~' ~ J 9 E ! 69 fA O Q Q N- ~ 69 to b9 69 EA !f? Efl 69 ffl ~ ER V U ~ a ~ ~ W a ~ = U ~ a Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z ~ r ° ~ ~ W °~ ~ ~ co ~ 0 ~ J ~ H ~ ~ Q ~ ~ ~ W O ~ a Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z Q Z » m V V O N V M (D O tCy O O I~ W Y W ~ c0 O O' O M M ~ _ EA O) CO W to N ER CO t1') W N EA O to O ~ ER CO ~ O O EA V' ~A V O fA ap W O !fl I~ n V' O M EA O) M ~ V M V> ~ N (O ~ CO N m M ~ N N O O ~ O Q1 O CO ~ Q Z Q Z N O ~ ~ ~ O O O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ~ Q LL W ~ J Q O ~ O ~ O O ~ N O O O N O O O CO O O O O O O ~ O O In ~ O lf) r M O O O M O O to In EA O O N O 69 O O O In 69 O O O O O O O O O O O N fJ9 _ 69 69 _ ER _ fR _ 69 _ 69 _ EA _ ER EA fR (A f~ W N N O M N CO st M O ~ O O W ~ Q _ U W _U ~ O N O) N N M cD h N ~ V N M N m n N O ~ O O O O ~ Q~ ~ O _O N N .- M M ~ O ~ O r ~ M O O M O ~ cD tI') M ~ ~ f~ O O) O ~ N M 00 O ~ to r O r ~ O W a0 m ~ Q' d M EH EA ER 69 EA EA ER ~ Ni d ~ ~ ~' ~ f- ~ Q ~ rn O O N ~ ~ 00 rn O O N M M rn O O N ~ ~ O rn o O N M ~ rn O O N ~ ~ ~ rn O O N GO N ~ rn O O N to ~ rn O O N M ~- I~ rn O O N In ~- a0 rn o O N O M O rn O O N .- ~ rn o O N I~ N N rn O O N M N O) rn O O N N ~ O O N ~ ~- O W N c0 00 00 a0 a0 a0 00 oO c0 00 a0 a~ a0 op (n O O O O O O O O O O O O O O O Q = (~ Q. W H Q ~ O N N ~ O N m N O N M O N ~ ~ O N W ~ O N O M O N O ~ O N ~ N O N O M O N O M O N ~ W O N O N O N CO N O N ~ ~-- O N N ~ ~ N N M ~ (D f0 CO CO 00 ~ O O d ~ ~ ~ p Z Z I- Z Z Z Z > Z W W W W W W W ~ ~ W } ~ O ~ ~ ~ _ Z Z Z Z ~ ~ Z J Z ( (n Z Z Z (n (n w m a ~ m m m m ¢ a a m m m m m a J W J U J J ~ W W J J J J J ~ 2 Q' Q' 2 W 2 2 Z 2' ~ = 2 2 = = O Z - LL F- F- LL LL LL LL LL. H- I- Il LL LL LL W F- LISTING OF INVESTMENTS BY GENERAL LEDGER ACCOUNT NUMBER OUTSTANDING INVESTMENTS AT 12-31-OS ACCOUNT ALLOCATION OF INVESTMENT INVESTMENT GIL TOTAL 001-1172 GENERAL FUND OPERATING $5,488,909.26 002-1166 UTILITY DEBT SERVICE RESERVE $831,958.96 002-1169 98 REVENUE BONDS $620,224.10 002-1172 UTILITY FUND OPERATING $2,323,448.71 002-1178 CUSTOMER DEPOSITS $395,555.00 002-1557 THE RESERVE LIFT STATION $60,000.00 003-1173 SERVICE AREA I -IMP FEES $198,178.96 003-1180 BEDFORD BRIDGE ESCROW $35,948.57 003-1188 TOWN CENTER/HWY26 $35,114.52 003-1192 MCDONWELL WOODS EST ESCROW $10,629.42 003-1200 LONGWOOD-PARKING ESCROW $13,475.93 003-1203 SERVICE AREA II -IMP FEES $332,817.04 003-1204 BEDFORD LAKES/SOMERSET $229,612.71 003-1209 PECAN PARK II DRAINAGE ESCROW $3,623.66 003-1216 BOGARTIHIDDEN OAKS/SANDLIN $122,826.83 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC $46,812.04 003-1229 GLADE RD SUMMERBROOK $57,426.34 003-1231 LAKEWOOD ESCROW $26,290.79 003-1236 E. GLADE CRANBROOK ESCROW $118,638.55 003-1237 E. GLADE ASHMORE I ESCROW $52,912.68 003-1239 GLADE POINTS LANDSCAPE ESCROW $4,804.37 003-1247 GLADE/WAYSIDE ESCROW $42,724.11 003-1250 REATTA PLACE $95,177.25 003-1257 ASHMORE II A GLADE RD ESCROW $28,298.79 003-1268 MILL CREEW GLADE ESCROW $30,787.46 003-1271 ASHMORE III/ GLADE ESCROW $65,486.94 003-1278 GLADE RD/ASHMORE LIB ESCROW $36,248.32 003-1301 LAKEWOOD PH IV $76,784.45 003-1304 VILLAS DEL MAR $58,311.70 003-1307 SPRING GARDEN $92,973.88 003-1313 APPLEBEE'S $44,164.21 003-1319 REMINGTON PARK $167,823.10 003-1323 SHALIMAR $70,190.94 003-1325 PECAN GARDENS $32,425.83 003-1330 REMINGTON PARK $81,160.32 003-1357 CITGO/LD LOCKETT $57,216.54 003-1360 REMINGTON PARK PH III $79,333.60 003-1392 CLAIRMONT-PHI $103,919.92 003-1404 TANGLEWOOD $26,298.48 003-1418 CLAIRMONT-PH II $145,635.20 003-1551 LA VACA TRAIL $50,489.76 005-1172 VOLUNTARY PARK FUND $374,653.43 011-1172 LIBRARY DONATIONS FUND $353,041.87 012-1172 PARK LAND DEDICATION FUND $1,602,018.69 017-1172 DRAINAGE FUND OPERATING $226,732.15 024-1172 CEDC OPERATING $538,624.13 026-1172 TIF OPERATING $1,456,017.02 PER GENERA L LEDGER $16,947,746.53 VALUE AT MATURITY $16,785,000.00 OUTSTANDING INVESTMENTS AT 12-31-08 INVESTMENT DATE ACQUIRED MATURITY DATE 26 WEEK T-BILL AUCTION DISCOUNT/WEEK OF PURCHASE YIELD TO MATURITY ACCOUNT ALLOCATION OF INVESTMENT 001-1172 GENERAL FUND OPERATING 002-1166 UTILITY DEBT SERVICE RESERVE 002-1169 98 REVENUE BONDS 002-1172 UTILITY FUND OPERATING 002-1178 CUSTOMER DEPOSITS 002-1557 THE RESERVE LIFT STATION 003-1173 SERVICE AREA I -IMP FEES 003-1180 BEDFORD BRIDGE ESCROW 003-1186 TOWN CENTER/HWY26 003-1192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 003-1203 SERVICE AREA 11 -IMP FEES 003-1204 BEDFORD LAKES/SOMERSET 003-1209 PECAN PARK II DRAINAGE ESCROW 003-1216 BOGART/HIDDEN OAKS/SANDLIN 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 003-1229 GLADE RD SUMMERBROOK 003-1231 LAKEWOOD ESCROW 003-1236 E. GLADE CRANBROOK ESCROW 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-1247 GLADE/WAYSIDE ESCROW 003-1250 REATTA PLACE 003-1257 ASHMORE II A GLADE RD ESCROW 003-1288 MILL CREEK/ GLADE ESCROW 003-1271 ASHMORE III/ GLADE ESCROW 003-1278 GLADE RD/ASHMORE IIB ESCROW 003-1301 LAKEWOOD PH IV 003-1304 VILLAS DEL MAR 003-1307 SPRING GARDEN 003-1313 APPLEBEE'S 003-1319 REMINGTON PARK 003-1323 SHALIMAR 003-1325 PECAN GARDENS 003-1330 REMINGTON PARK 003-1357 CITGO/LD LOCKETT 003-1360 REMINGTON PARK PH III 003-1392 CLAIRMONT-PH I 003-1404 TANGLEWOOD 003-1418 CLAIRMONT-PH II 003-1551 LA VACA TRAIL 005-1172 VOLUNTARY PARK FUND 011-1172 LIBRARY DONATIONS FUND 012-1172 PARK LAND DEDICATION FUND 017-1172 DRAINAGE FUND OPERATING 024-1172 CEDC OPERATING 026-1172 TIF OPERATING PER GENERAL LEDGER VALUE AT MATURITY INTEREST RECEIVED AT MATURITY FHLB TREASURY TREASURY FHLB FFCB NOTE NOTE NOTE NOTE NOTE 12-Feb-08 29-Feb-08 31-Mar-08 05-May-08 OB-May-08 14-Aug-09 31-Mar-09 15-Oct-09 03-Apr-09 15-Apr-09 2.250 % 2.070 % 1.550 % 1.740 % 1.740 2.500 % 1.760 % 1.590% 2.350 % 2.325 161,362.66 4,906.91 800,000.00 106,246.19 182,848.62 358,918.75 909,687.55 89,179.27 131,811.90 475,250.46 1,672.38 176,630.79 52,912.68 13,475.93 158,722.82 229,612.71 3,623.66 122,826.83 26,290.79 118,638.55 42,724.11 35,114.52 10,629.42 174,094.22 4, 804.37 95,177.25 28,298.79 30,767.46 36,248.32 44,164.21 70,190.94 57,216.54 79, 333.60 26,298.48 58,311.70 82,876.59 32,212.44 125,000.00 1,198,587.18 $1,219,297.46 $1,276,328.13 $1,232,472.00 $1,597,792.00 $1,010,800.00 $1,185,000.00 $1,240,000.00 $1,200,000.00 $1,600,000.00 $1,000,000.00 $44,949.41 $24,196.10 $29,936.84 $34,279.11 $21,963.89 OUTSTANDING INVESTMENTS AT 12-31-OB INVESTMENT FHLB FHLB FMNA TREASURY TREASURY NOTE NOTE NOTE NOTE NOTE DATE ACQUIRED 30-May-OB 10-Jun-OB 25-Jun-OB 30-Jun-08 30-Jun-OB MATURITY DATE 28-May-09 OS-Oct-09 13-Jul-09 15-Aug-09 30-Jun-09 26 WEEK T-BILL AUCTION DISCOUNT/WEEK OF PURCHASE 1.920% 1.997% 2.350% 2.255% 2.255% YIELD TO MATURITY 2.580% 3.100% 3.040% 2.391% 2.347% ACCOUNT ALLOCATION OF INVESTMENT 001-1172 GENERAL FUND OPERATING 002-1166 UTILITY DEBT SERVICE RESERVE 002-1169 98 REVENUE BONDS 002-1172 UTILITY FUND OPERATING 002-1178 CUSTOMER DEPOSITS 002-1557 THE RESERVE LIFT STATION 003-1173 SERVICE AREA I -IMP FEES 003-1180 BEDFORD BRIDGE ESCROW 003-1188 TOWN CENTER/HWV26 003-1192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 003-1203 SERVICE AREA II -IMP FEES 003-1204 BEDFORD LAKES/SOMERSET 003-1209 PECAN PARK II DRAINAGE ESCROW 003-1216 BOGART/HIDDEN OAKS/SANDLIN 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 003-1229 GLADE RD SUMMERBROOK 003-1231 LAKEWOOD ESCROW 003-1236 E. GLADE CRANBROOK ESCROW 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-1247 GLADE/WAYSIDE ESCROW 003-1250 REATTA PLACE 003-1257 ASHMORE II A GLADE RD ESCROW 003-1268 MILL CREEK/ GLADE ESCROW 003-1271 ASHMORE III/ GLADE ESCROW 003-1278 GLADE RD/ASHMORE LIB ESCROW 003-1301 LAKEWOOD PH IV 003-1304 VILLAS DEL MAR 003-1307 SPRING GARDEN 003-1313 APPLEBEE'S 003-1319 REMINGTON PARK 003-1323 SHAIIMAR 003-1325 PECAN GARDENS 003-1330 REMINGTON PARK 003-1357 CITGO/LD LOCKETT 003-1360 REMINGTON PARK PH III 003-1392 CIAIRMONT-PH I 003-1404 TANGLEWOOD 003-1418 CLAIRMONT-PH II 003-1551 LA VACA TRAIL 005-1172 VOLUNTARY PARK FUND 011-1172 LIBRARY DONATIONS FUND 012-1172 PARK LAND DEDICATION FUND 017-1172 DRAINAGE FUND OPERATING 024-1172 CEDC OPERATING ' 026-1172 TIF OPERATING PER GENERAL LEDGER VALUE AT MATURITY INTEREST RECEIVED AT MATURITY 82,656.18 1,122,102.55 188,703.97 620,224.10 707,092.88 10,426.65 365,932.39 60,000.00 57,426.34 65,486.94 76,784.45 92,973.88 167,823.10 103,919.92 145,635.20 50,489.76 100,000.00 43,596.49 1,089,972.70 80,447.43 259,429.84 $1,049,178.90 $1,122,102.55 $1,404,382.38 $1,351,796.88 $563664.06 $1,050,000.00 $1,115,000.00 $1,375,000.00 $1,300,000.00 $550,000.00 $26,810.56 $46,012.17 $46,129.82 $36,060.26 $13,148.44 OUTSTANDING INVESTMENTS AT 12-31-OB INVESTMENT DATE ACQUIRED MATURITY DATE 26 WEEK T-BILL AUCTION DISCOUNT/WEEK OF PURCHASE YIELD TO MATURITY ACCOUNT ALLOCATION OF INVESTMENT 001-1172 GENERAL FUND OPERATING 002-1166 UTILITV DEBT SERVICE RESERVE 002-1169 98 REVENUE BONDS 002-1172 UTILITY FUND OPERATING 002-1178 CUSTOMER DEPOSITS 002-1557 THE RESERVE LIFT STATION 003-1173 SERVICE AREA I -IMP FEES 003-1180 BEDFORD BRIDGE ESCROW 003-1188 TOWN CENTER/HWY26 003-1192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 003-1203 SERVICE AREA II -IMP FEES 003-1204 BEDFORD LAKES/SOMERSET 003-1209 PECAN PARK II DRAINAGE ESCROW 003-1216 BOGART/HIDDEN OAKS/SANDLIN 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 003-1229 GLADE RD SUMMERBROOK 003-1231 LAKEWOOD ESCROW 003-1236 E. GLADE CRANBROOK ESCROW 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-1247 GLADE/WAYSIDE ESCROW 003-1250 REATTA PLACE 003-1257 ASHMORE II A GLADE RD ESCROW 003-1268 MILL CREEK/ GLADE ESCROW 003-1271 ASHMORE III/ GLADE ESCROW 003-1278 GLADE RD/ASHMORE IIB ESCROW 003-1301 LAKEWOOD PH IV 003-1304 VILLAS DEL MAR 003-1307 SPRING GARDEN 003-1313 APPLEBEE'S 003-1319 REMINGTON PARK 003-1323 SHALIMAR 003-1325 PECAN GARDENS 003-1330 REMINGTON PARK 003-1357 CITGO/LD LOCKETT 003-1360 REMINGTON PARK PH III 003-1392 CLAIRMONT-PH I 003-1404 TANGLEWOOD 003-1418 CLAIRMONT-PH II 003-1551 LA VACA TRAIL 005-1172 VOLUNTARY PARK FUND 011-1172 LIBRARY DONATIONS FUND 012-1172 PARK LAND DEDICATION FUND 017-1172 DRAINAGE FUND OPERATING 024-1172 CEDC OPERATING 026-1172 TIF OPERATING PER GENERAL LEDGER VALUE AT MATURITY INTEREST RECEIVED AT MATURITY TREASURY BILL 30-Jun-08 04-Jun-09 2.255% 2.262% 538,624.13 $538,624.13 $550,000.00 $11,375.87 FHLB NOTE 04-Aug-08 11-Dec-09 1.900% 3.050% 19,875.79 35,948.57 46,812.04 32,425.83 81,160.32 199,653.43 109,445.38 348,721.97 69,519.71 FHLB FHLB FHLB NOTE DISCOUNT DISCOUNT 20-Aug-08 26-Sep-08 15-Oct-08 27-Feb-09 23-Sep-09 02-Oct-09 2.020% 1.790% 1.100% 2.718 % 3.272 % 3.110% 499,870.00 648,460.96 970,750.00 15,241.43 29,622.fi1 175,000.00 100,000.00 FHLB NOTE 15-Oct-08 15-Oct-10 1.100 % 3.552% 1,198,800.00 $943,563.04 $499,870.00 $968,325.00 $970,750.00 $1,198,800.00 $920,000.00 $500,000.00 $1,000,000.00 $1,000,000.00 $1,200,000.00 $42,962.98 $7,049.44 $31,675.00 $29,250.00 $85,200.00 LOGIC INVESTMENT POOL ALLOCATION AND GENERAL INFORMATION LOCAL GOVERNMENT INVESTMENT COOPERATIVE / "LOGIC" ACCOUNT ALLOCATION AT DECEMBER 31, 2008 ACCT # DESCRIPTION BALANCE GENERAL FUND 001.1115 GENERAL OPERATING $3,136,837.75 UTILITY FUND 002.1115 UTILITY OPNS $2,511,229.30 002.1116 IMPACT FEES WATER $17,284.55 002.1130 UTILITY INTEREST & SINKING FUND $772,385.52 002.1294 IMPACT FEES SEWER $350,125.13 CAPITAL PROJECTS FUND 003.1113 IMPACT FEES/SA I $143,697.26 003.1396 2002 CERTIFICATES OF OBLIGATION $46,829.09 003.1508 STREET RESURFACING $408,130.34 003.15098 MICRO-RESURFACING $151,159.38 DEBT SERVICE FUND 004.1115 DEBT SERVICE OPERATING $989,101.71 TIF FUND 017.1115 DRAINAGE OPERATING $428,556.54 017.1159 DRAINAGE INT & SINKING FUND $137,740.69 017.1380 2001 DRAINAGE BONDS $253,329.96 TIF FUND 026.1115 TIF OPERATING $3,642,796.31 026.1383 2001 TIF BONDS $136,117.05 CCCPDFUND 027.1115 CCCPD OPERATING $730,401.85 027.1147 99 POLICE/COURT BLDG FUND $65,059.63 SALES TAX INCENTIVE AGREEMENT FUND 031.1115 SALES TAX INCENTIVE AGREEMENT OPERATING $1,190,612.29 CAPITAL EQUIPMENT REPLACEMENT FUND 032.1115 CAPITAL EQUIPMENT REPLACEMENT FUND $493,787.33 TOTAL LOGIC POOL BALANCE $15,605,181.68 LOGIC LOGIC Newsletter December 2008 As of December 31, 2008 Current Invested Balance $2,020,016,178.64 Weighted Average Maturity (1 )" 43 Days Weighted Average Maturity (2)'` 62 Days Net Asset Value 1.001380 Total Number of Participants 396 Management Fee on Invested Balance 0.0875°/a Interest Distributed $3,216,710.16 Management Fee Collected $138,124.76 of Portfolio Invested Beyond 1 Year 1.78% Standard & Poor's Current Rating AAAm [3ecember Averages; Average Invested Balance $1,863,724,027.01 Average Monthly Yield, on a simple basis 1.9482% Average Weighted Average Maturity (1 )" 49 Days Average Weighted Average Maturity (2)* 71 Days "Definition ottk'el~hted .'wcr~e 1~faWr4ty !I) & (2) (1) This weighted average maturity calculation uses the SEC Rule 2a-7 definition for stated maturity for any floating rate instrument held in the portfolio to determine the weighted average maturity for the pool. This Rule specifes that a variable rate instrument to he paid in 397 calendar days or less shalt be deemed to have a maturity equal to the period remaining until the next. readjustment of the interest rate. (2) This weighted average maturity calculation uses the final maturity of any floating rate instruments held in the portfolio to calculate the weighted average maturity for the pool Rates reflect historical information and are, not an indication of future performance. Holiday Reminder In observance of the Martin Luther King, Jr. holiday, LOGIC will be closed on Monday, January 19, 2009. All ACH transactions initiated on Friday, January 16th, will settle on Tuesday, January 20th. New Participants We would like to welcome the following entities who joined the LOGIC program in December: yt Big Sandy ISD While coordinated global policy steps have helped stabilize the markets, the macroeconomic impact has been significant. Job losses in the U.S. have only seen one period of more dramatic decline on record -the third quarter of 1945 -and consumer spending and industrial production have fallen off precipitously. Driven by weaker employment prospects, falling house prices, volatile equity markets and tighter credit availability, consumer spending is currently on pace fora 2.2% decline during the fourth quarter. Accordingly, the Fed in December cut its target rate to between 0% and 0.25%, and during the quarter committed the expanded use of its balance sheet to provide non- traditional monetary stimulus to the economy. Investors' flight to quality and the extent of the U.S. government's initiatives have contributed to a significant bid for Treasury and agency debt, causing Treasuries to rally strongly and mortgage rates to decline. By the end of the quarter, one-month and three month Treasury yields were close to zero and had occasionally crossed into negative yield territory. The credit crisis affected all corners of the market, causing investors to flock to Treasuries. Treasury yields reached new historic lows during the fourth quarter, with the yield of the two-year note down 120 bps from the third quarter, ending at 0.76%. A policy-induced recovery should take hold in the second half of 2009, although growth markedly below-trend is expected. Two key risks to this forecast are that the economy could respond more aggressively and swiftly to the stimulus and household balance sheet repair may be even more prolonged than anticipated. This recovery cycle is likely to be different from past cycles for three reasons. First, an excess of housing inventories precludes any rebound in housing through 2009 and probably any measurable rebound in 2010. Second, the deleveraging theme that currently characterizes U.S. households is likely to stay in place. Third, large inventory cycles have become rare due to better inventory management. To be sure, given how low a share of GDP both housing and consumer durable goods are likely to be in the near future, the possibility of an aggressive rebound exists. However, the hurdles of household deleveraging and excess housing inventories must first be passed. This is probably a story for 2011 rather than the next two years in the forecast horizon. This information is an excerpt from an economic report dated December 2008 provided to LOGIC by JP Morgan Asset Management, Inc., the investment manager of the LOGIC pool. Portfo/io by Type oflnvestment As of December 3 y, 2008 1 to 7 days 39.52% 31 to 90 days 27.19% Commercial Paper 63 - "~' Agencies 19.92% Repurchase Agreements 17.04% 'r I I r 181+ days 6.35% i r I- - r- /J: to 180 days 5.59% Distribution of Participants by Type As of December 37, 2008 Other 5.05% School Distri 40.91 Higher Education 2.7s°i° County 1o.ss°r° Ith Care 1.76% Historical Program Information Average Book Market Net Number of Month Rate Value Value Asset Value WAM (1)* WAM (2)* Participants Dec 08 1.9482% $ 2,020,016,178.64 $ 2,022,893,475.12 1.001380 49 71 396 Nov 08 2.1998% 1,765,294,651.20 1,766,214,274.71 1.000520 38 68 395 Oct 08 2.5915% 1,625,272,627.28 1,625,758,410.05 1.000185 39 75 392 Sep 08 2.6931% 1,842,768,859.42 1,841,395,940.75 0.999254 37 75 390 Aug 08 2.5795% 1,694,895,892.95 1,694,463,300.94 0.999684 41 76 390 Jul 08 2.5562% 1,968,322,569.65 1,968,063,025.42 0.999868 43 70 388 Jun 08 2.5390% 1,768,188,130.30 1,767,820,751.22 0.999792 45 68 387 May 08 2.5557% 1,808,683,438.47 1,808,946,922.73 1.000093 49 76 386 Apr 08 2.7531% 1,675,291,965.81 1,675,019,473.24 0.999837 42 68 386 Mar 08 3.1871% 1,778,824,386.38 1,779,062,369.97 1.000133 32 57 384 Feb 08 3.6259% 1,905,151,545.52 1,905,845,969.73 1.000262 23 45 383 Jan 08 4.4959% 1,774,368,545.12 1,775,758,264.68 1.000783 27 48 382 Dec 07 4.8750% 1,356,320,155.73 1,356,313,558.24 0.999916 37 65 382 Portfolio Asset Summary as of December 31, 2008 Book Value Market Value Uninvested Balance $ 568.24 $ 568.24. Accrual of Interest Income 437,923.34 437,923.34 Interest and Management Fees Payable (3,242,953.54) (3,242,953.54) Payable for Investment Purchased 0.00 0.00 Repurchase Agreements 344,788,000.00 344;788,000.00 Commercial Paper 1,275,077,297.07 1,276,684,449.68 Government Securities 402,955,343.53 404,225,487.40 Total $ 2,020,016,178.64 $ 2,022,893,475.12 Market value of collateral supporting the Repurchase Agreements is at least 102 % of the Book Value. The portfolio is managed by J.P. Morgan Chase & Co. and the assets are safekept in a separate custodial account at the Federal Reserve Bank in the name of LOGIC. The only source of payment to the Participants are the assets of LOGIC. There is no secondary source of payment for the pool such as insurance or guarantee. Should you require a copy of the portfolio, please contact LOGIC Participant Services. Utility District City 9.60% 29.04% 8 to 30 days 21.35% 3.00 2.80 2.60 2.40 2.20 2.00 1.80 1.60 1.40 1.20 1.00 0.80 0.60 0.40 0.20 0.00 -0.20 00 00 00 00 O~ 00 00 00 00 00 00 00 00 00 O~ 00 00 00 G'~: G~' G'~' G'~' G'~' G\i pJ' OJT O,~ OJT OJT OJT 0G pG~ eG~ pp~ 0G 0~'~ 90 Day T-Bill Rate ®LOGIC Rate This material is for information purposes only. This information does not represent an offer to buy or sell a security. The above rate information is obtained from sources that are believed to be reliable; however, its accuracy or completeness may be subject to change. The LOGIC management fee may be waived in full or in part at the discretion of fhe LOGIC co-administrators and the LOGIC rate for the period shown reflects waiver offees. This table represents investment pertortnance/retum tc the wstomer, net of fees, and is not an indication offuture pertornance. An investment in the security is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other govemmenl agency. Although the issuer seeks to preserve the value of an investment at $1.00 per share, it is possible to lose money by investing in the security. Information about these and other program details are in the fund's Information Statement which should be read carefully before investing. The yield on the 90-Day Treasury Bill ("T-Bill Yield") is shown for comparative purposes only. When comparing the investment returns of the LOGIC pool to the T-Bill Yield, you should know that the LOGIC pool consist of allocations of spedfic diversified securities as detailed in the respective Information Statements. The T-Bill Yield is taken from Bloomberg Finance L. P. and represents the daily Dosing yield on the then curent 90-day T-Bill. Daily Summary for December 2008 Date Mny Mkt Fund Equiv. [SEC Std.] Daily Allocation Factor LOGIC Invested Balance Market Value Per Share WAM Days (1)* WAM Days (2)* 1-Dec-08 2.1602% 0.000059184 1,786,850,240.57 1.000513 42 69 2-Dec-08 2.0380% 0.000055835 1,792,610,890.62 1.000564 46 71 3-Dec-08 2.2455% 0.000061521 1,810,160,516.92 1.000582 54 80 4-Dec-08 2.1533% 0.000058995 1,837,636,736.49 1.000702 53 78 5-Dec-08 2.0801 % 0.000056988 1,842,891,608.92 1.000842 52 76 6-Dec-08 2.0801 % 0.000056988 1, 842, 891,608.92 1.000842 52 76 7-Dec-08 2.0801 % 0.000056988 1,842,891,608.92 1.000842 52 76 8-Dec-08 2.0461% 0.000056057 1,846,212,469.18 1.000961 52 76 9-Dec-08 2.0721 % 0.000056770 1, 851,013,774.98 1.000909 53 77 10-Dec-08 1.9692% 0.000053950 1,866,050,647.47 1.001109 53 76 11-Dec-08 1.9677% 0.000053909 1,872,035,605.69 1.001216 52 75 12-Dec-08 2.0320% 0.000055672 1,859,389,251.17 1.001174 51 74 13-Dec-08 2.0320% 0.000055672 1,859,389,251.17 1.001174 51 74 14-Dec-08 2.0320% 0.000055672 1,859,389,251.17 1.001174 51 74 15-Dec-08 2.0459% 0.000056053 1,846,176,905.66 1.001290 50 73 16-Dec-08 1.9812% 0.000054279 1,846,740,028.22 1.001378 50 72 17-Dec-08 1.8922% 0.000051842 1,832,861,399.95 1.001729 49 72 18-Dec-08 1.9102% 0.000052333 1,801,153,977.18 1.001781 51 74 19-Dec-08 1.9455% 0.000053302 1,794,373,200.10 1.001667 49 71 20-Dec-08 1.9455% 0.000053302 1,794,373,200.10 1.001667 49 71 21-Dec-08 1.9455% 0.000053302 1,794,373,200.10 1.001667 49 71 22-Dec-08 1.8577% 0.000050897 1,815,547,056.98 1.001684 50 72 23-Dec-08 1.8186% 0.000049826 1,853,792,635.41 1.001610 48 70 24-Dec-08 1.7742% 0.000048608 1,918,687,824.49 1.001534 46 67 25-Dec-08 1.7742% 0.000048608 1,918,687,824.49 1.001534 46 67 26-Dec-08 1.7600% 0.000048218 1,942,254,784.06 1.001460 43 64 27-Dec-08 1.7600% 0.000048218 1,942,254,784.06 1.001460 43 64 28-Dec-08 1.7600% 0.000048218 1,942,254,784.06 1.001460 43 64 29-Dec-08 1.7716% 0.000048538 1,960,073,169.54 1.001469 43 63 30-Dec-08 1.7677% 0.000048431 1,982,410,422.22 1.001398 45 65 31-Dec-08 1.6958% 0.000046459 2,020,016,178.64 1.001380 43 62 Average 1.9482% 0.000053375 1,863,724,027.01 49 71 LOGIC versus 9Q-Day Treasury Bill IOZSL Xl ~spllpa 008 a~inS '~aaatS Inpd '~S 4~'oN SZ£ ~aul '~uauaa;~eueW gassy ~saMytnoS ~sai~ on saainaaS ~uediai~ed ~I~OI LOGIG Board Members Philip G. Roberson Fred L. Werner Judd R. Sanderson Sandra Swinnea Arlington 1SD City of Grapevine North Texas Municipal Water District Tarrant Regional Water District ~IJO'I Board President Board Vice President Board Treasurer /Investment Officer Board Member For more information contact LOGIC Participant Services ~ 1-800-895-6442 ,k www.logic.org ~' First SouthwestAsset Mana ement ' ~JPMorganChase ~~ 9 ~~ :~-'~ ~r; `~' ` y City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 r:: Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 02/03/2009 Requester: Finance Department Agenda No.: PC-4 Controlling Body: City Council Final Action: File Name: Presentation of the General Fund Budget update for the first quarter of Fiscal Year 2009 Attachments: FY 2009 General Fund Revenue -Budget vs. Projected.pdf General Fund Budget Reductions.pdf History of Legislative File Version: Date: Acting Body: Action Text: 02/03/2009 City Council Title Presentation of the General Fund Budget update for the first quarter of Fiscal Year 2009 Explanation General Fund Revenue Overview The City has received $4,859,514 in General Fund revenue as of December 31, 2008. This represents an increase of 6.61 % compared to the first quarter of Fiscal Year 2008. The nature of this increase is primarily ad valorem tax collections and sales tax collections. Revenue categories that are significantly less than the first quarter of Fiscal Year 2008 are Licenses and Permits and Charges for Services. These categories were impacted by the difficulty of obtaining new construction loans, as only twenty-four new residential permits were issued in the first quarter of Fiscal Year 2009 as compared to forty-six issued in the first quarter of Fiscal Year 2008. Additionally, there were no new commercial permits issued during the quarter as compared to five issued during the same time period in the prior year. There has been no revenue received in the "Engineering and Inspection" account in the Charges for Service category. This is due to no new residential subdivisions being submitted for acceptance during the quarter as compared to two submitted during the same time period last fiscal year. The following paragraphs summarize in greater detail the general fund revenues by category and contain information about year end revenue projections. Ad Valorem Tax: Through December 31, 2008, the City has collected over 59.64% of current ad valorem taxes due and collections are up 1.29% over the same time period last year. Currently, the projection of collecting 99% of the tax roll appears it will be achieved at September 30, 2009. Also, delinquent tax collections are slightly ahead of Fiscal Year 2008 and it appears that revenue projection will be made as collections are at 46% of the projection. City of Colleyville Page 1 Printed on 1/29/2009 Agenda Briefing Continued Franchises Tax: The annual franchise payment from Tri-County Electric exceeded the budgeted amount by $5,550. The franchise receipts from cable and telephone service are currently tracking to reach budget projections. In the second quarter, the City will receive the franchise payments from both TXU Energy and Atmos Gas. These two payments are critical to the total revenue projection for franchise taxes being reached as they comprise 66% of the total. Sales Tax: Sales tax receipts received totaled $202,807, a 14.16% increase as compared to December 2007. Additionally, sales tax received in January 2009 was up over 10% as compared to the prior year. Sales tax received in February 2009 is critical to the revenue category as it covers holiday period sales and often the largest monthly allocation received in the fiscal year. Currently, mixed beverage tax is projected to be $15,0001ess than budget, based upon quarterly allocations received in October and January. Fines: Fine revenue is up slightly for the quarter and it appears it will meet revenue projections. Alarm revenue is up and it also is trending to meet the annual projection. Licenses and Permits: Overall, the City received 44% less than projected in License and Permit revenues. Building permit revenue is down 36% from the first quarter of Fiscal Year 2008. Until the lending crunch for new residential construction eases, it is unlikely there will be much turnaround in this revenue category. Per the attachment "General Fund FY 2009 Revenue -Budget vs Projection", it is anticipated this revenue category will be over $800,000 under the budgeted revenue in all building related categories. All known projects with a current relative certainty of construction were incorporated into the revenue projection. Currently, the inventory of developable residential lots is approximately 700. In the event there is greater credit availability, this revenue category could rebound. Charges for Service: Charges for Service revenue is approximately 33% lower than the first quarter of Fiscal Year 2008 due to building related revenues within the category (Planning and Zoning, Plat fee, Engineering and Inspection, and Lot drainage inspection) being lower due to the building downturn. The annual projected revenue loss for this category from these revenues is over $140,000. Other revenues within the category are projected to meet revenue projections. Miscellaneous /Transfers-In: Due to the decrease in investment interest rates to levels around 1.25% - 1.50%, interest income is projected to be $40,000 less than budgeted. This is offset by the transfer-in from the Utility Fund being higher than projected due to Fiscal Year 2008 utility sales, which is the basis for the transfer. Expenditures Given the potential $950,000 projected loss in revenue, attached is a list of various budget reductions incorporating hiring freezes on various vacant positions, training, overtime, purchasing books solely from the Voluntary Library Fund, delaying Murphy Road reconstruction due to the Reserve and Somerset Manor developments not occurring this fiscal year. In the event building related revenues rebound during the fiscal year, this list could be re-evaluated. City of Colleyville Page 2 Printed on 1/29/2009 GENERAL FUND FY 2009 REVENUE - BUDGET VS PROJECTION FY 06 FY 07 FY 08 FY 09 FY 09 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED AD VALOREM TAXES 5101-CURRENT TAXES 7,474,860 8,040,020 8,875,763 9,616,931 9,616,931 5102-DELINQUENT TAXES 53,892 48,228 62,478 55,000 55,000 5103-PENALTY & INTEREST 57,690 62,232 74,074 55,000 55,000 TOTAL AD VALOREM TAXES $7,586,442 $8,150,480 $9,012,315 $9,726,931 9,726,931 FRANCHISE TAXES 5201-TXU ELECTRIC 943,812 933,754 869,179 887,190 887,190 5202-TRI-COUNTY ELECTRIC 85,963 102,109 110,559 119,000 124,580 5203-ATMOS GAS 334,347 279,061 338,969 340,000 340,000 5204-SOUTHWESTERN BELL 112,075 120,119 126,011 126,100 126,100 5205-VERIZON/OTHERS 53,150 50,883 51,171 51,250 51,250 5206-GARBAGE/RECYCLING 103,933 116,010 125,361 135,050 135,050 5207-CABLE TV 157,263 177,439 196,806 192,900 192,900 TOTAL FRANCHISE TAXES $1,790,543 $1,779,375 $1,818,056 $1,851,490 $1,857,070 SALES TAX 5301-1% SALES TAX 2,267,586 2,420,387 2,478,981 2,561,375 2,561,375 5302-MIXED BEVERAGE TAX 76,005 89,132 82,532 87,000 72,000 TOTAL SALES TAX $2,343,591 $2,509,519 $2,561,513 $2,648,375 $2,633,375 LICENSES & PERMITS 5411-BUILDING 1,278,525 764,938 679,452 864,473 319,261 5412-PLUMBING 126,203 83,668 77,249 88,987 60,000 5413-MECHANICAL 71,412 58,443 57,229 63,376 27,000 5414-ELECTRICAL 115,891 75,387 68,922 98,911 37,634 5416-CITY LICENSE 57,137 64,999 68,027 58,247 30,000 5417-BUILDING PLAN REVIEW FEE 247,533 161,224 133,171 162,772 50,408 5418-NEW BUSINESS 1,551 2,726 2,216 3,079 1,500 5419-ANIMAL 1,603 1,488 940 1,400 1,400 5420-SIGN PERMITS 8,085 7,945 8,035 6,050 6,000 5421-FENCE PERMITS 7,475 7,200 5,805 7,359 2,000 5423-FIRE PERMIT FEES 15,850 16,200 12,550 15,000 17,000 TOTAL LICENSES & PERMITS $1,931,265 $1,244,218 $1,113,596 $1,369,654 $552,203 FINES 5611-FINES 729,740 826,443 1,050,522 780,000 780,000 5612-FINES-ALARMS 31,775 47,000 51,525 45,000 45,000 5630-LIBRARY FINES 23,823 29,063 28,494 33,600 33,600 TOTAL FINES $785,338 $902,506 $1,130,541 $858,600 $858,600 GENERAL FUND FY 2009 REVENUE -BUDGET VS PROJECTION FY 06 ACTUAL GENERAL FUND CHARGES FOR SERVICES FY 07 FY 08 FY 09 FY 09 ACTUAL ACTUAL BUDGET PROJECTED 5511-PLANNING AND ZONING 12,520 18,673 8,667 13,201 1,700 5512-PLAT FEE 28,741 25,668 20,918 21,038 2,617 5514-BOARD OF ADJUSTMENT 1,910 3,375 1,375 2,040 1,500 5711-SALE OF MATERIAL 2,650 3,547 2,204 3,020 1,000 5712-WEED MOWING 1,880 8,091 6,948 10,000 3,000 5718-ANIMAL IMPOUNDMENT FEE 4,605 5,263 4,454 3,250 3,250 5721-AMBULANCE 221,461 267,106 253,018 250,000 250,000 5722-RECREATION PROGRAM 143,635 129,876 230,487 168,130 168,130 5811-ENGINEERING & INSPECTION 107,469 142,671 169,313 100,000 15,000 5812-CHGS & REIMBURSEMENTS 3,511 9,611 5,775 2,000 200 5845-LOT DRAINAGE INSP FEE 36,500 20,125 19,350 25,000 6,750 5855-FIELD USE CHARGE 16,417 17,600 18,720 17,700 17,700 5873-COLLEYVILLE CENTER FEES 242,166 223,040 259,153 230,000 230,000 5874-NON-RESIDENT FEE 22,505 24,445 24,170 20,050 20,050 5875-LIBRARY BLGD RENTAL 60 0 0 0 0 TOTAL CHARGES FOR SERVICE $846,030 $899,091 $1,024,552 $865,429 $720,897 INTERGOVERNMENTAL REVENUE 5828-DARE OFFICER REIMB 77,566 81,444 85,516 89,792 89,792 TOTAL INTERGOVERNMENTAL REVENUE $77,566 $81,444 $85,516 $89,792 $89,792 MISCELLANEOUS REVENUE 5714-SALE OF SURPLUS PROPERTY 22,903 0 5716-INTEREST INCOME 455,240 547,029 5719-MISCELLANEOUS 52,628 74,954 5832-ANTENNA LEASE 64,692 74,303 5866-CELEBRATE CV CONT 3,950 650 5790-USE OF AVAILABLE CASH 0 0 TOTAL MISCELLANEOUS REVENUE $599,413 $696,936 0 17,000 26,105 352,069 255,000 215,000 94,145 55,000 55,000 74,305 64,000 65,000 0 0 0 0 833,523 833,523 $520,519 $1,224,523 $1,194,628 TRANSFERS IN 5872-TRANSFER FROM UTILITY FD 532,357 664,085 661,936 756,787 816,297 TOTAL TRANSFERS IN $532,357 $664,085 $661,936 $756,787 $816,297 TOTAL GENERAL FUND REVENUES $16,492,545 $16,927,654 $17,928,544 $19,391,580 $18,449,793 PROJECTED REVENUE $18,449,793 BUDGETED REVENUE $19,391,580 PROJECTED REVENUE LOSS ($941,788) Budget Reductions Projected Loss of Building inspection revenue -$862,368 Projected Loss of Engineering 5% plan review -$85,000 Total -$947,368 Expenditure Reductions Server transfer from 2005 budget cap project t-fer $40,000 Bldg insp software maint /travel $20,000 Freeze engineering position $67,000 Gasoline savings -all General Fund depts $35,000 Transfer to arts fund $7,500 Merit pool savings $110,000 Economic Development position -May 1st hire $87,000 Council Discretionary $90,000 Organizational Development $40,000 Future Forums $3,800 Library Books $50,000 Library Study $20,000 Finance Dues/Training/receipt books $950 CMO Training/Travel $3,050 CMO 6240 $720 Ancillary janitorial -City Hall Library $15,000 Vacant Police officer position $60,000 Communications -travel $800 Communications -Contract Web outsourcing $3,000 Communications -Simplify Annual report $4,000 Parks -mulching/fertilizing 6226 $10,000 Parks -Electricity $10,000 Rec -Rental of equipment $1,000 Rec- Computer services $1,000 City Secretary -legal ads 6231 $1,000 City Secretary - ARMA lunch $300 City Secretary -committee expense 6293 $400 Library -travel $3,873 Human Resources -tuition reimb $2,000 Fire -Travel I-chiefs $1,500 Building inspection -overtime $4,000 Building inspection -mowing $10,000 Building inspection -uniforms $1,170 Community Development -overtime $2,061 Community Development -training $1,900 Community Development -legal ads $500 Community Development -commission expense $500 Community Development -office supplies $1,000 Colleyville Center -Advertising $2,000 Colleyville Center -Printing $1,500 Freeze -contract Building Inspector $25,000 Freeze -Fire Inspections /contract $12,000 Freeze -Library Clerk $9,200 Street Resurfacing -Murphy Road Reconstruction $190,000 Total Expenditure Reductions $949,724 ? _~~ ~ ~ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.cofleyville.com File Number: File Type: Pre Council Version: 1 Agenda Date: 02/03/2009 Requester: Office of the City Agenda No.: PC-5 Secretary File Name: Discussion of the February 3, 2009 regular agenda items Attachments: History of Legislative File Status: Pre Council Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 02/03/2009 City Council Title Discussion of the February 3, 2009 regular agenda items City of Colleyville Page 1 Printed on 1/28/2009 . ; ~~ City Hall ~~~ ~~,~~. ; City Of CO~~@~/V~~~e 100 Main Street Colleyville, Texas 76034 ~~~ 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: 02/03/2009 Agenda No.: 1 File Name: Executive Session -Legal -February 3, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 02/03/2009 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 pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property - Mineral Rights Sec. 551.074 -Personnel -Deliberate the appointment, employment and duties of the City Manager Sec. 551.087 -Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City - -. City of Colleyville Page 1 Printed on 1/26/2009 RESOLUTION R-09-3060 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 3, 2009 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 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Date: -3 FE6 ZOO~j SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: lU ~' OrdinancelResolution Number: Name: ~1 l_LE~/ ~~ S Address: l S ~ 3 .~ N~F~vwa ~~G-6 ~~'/L~. City: ~'~, ~[.~M' State: ~x Zip Code: ~~os~~ Telephone Number: ~( ~a -GL.~-Z~o Representing: ~M ~- ~G-1~~ (organization/self) am limited to speaking for five minutes. For business t "s,~~j I/e~agenda as a Public Hearing,,City Council will not respond in accordance wit the s n eetings Law, Chapter 551 of the Texas Local Government Code. Signed: information is a Public Record. ~ City Hall `~tr~,~~a , City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~ Agenda Briefing 817.503.1000 vuww.colleyville.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 02/03/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -February 3, 2009 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 02/03/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition City of Colleyville Page 1 Printed on 1/26/2009 RESOLUTION R-09-3061 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF FEBRUARY 3, 2009 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 January 20, 2009 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor " " City of Colleyville e~~~ ~~r..;~ Cit Council Minutes -Draft v r,.>., City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 20, 2009 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on January 20, 2009, at 5:37 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, Interim City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Marketing Coordinator Jamie Jones, Communications Manager Mona Gandy, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 5:50 p.m. PC-1 Discussion of the date and time for canvassing the results of the May 9, 2009 General Election City Secretary Cynthia Singleton reviewed the possible dates and times for canvassing the results of the May 9, 2009 General Election. City Council determined the canvass would be conducted at the beginning of the May 19, 2009 City Council meeting. PC-2 Presentation of the Monthly Financial Report -December 2008 Finance Director Terry Leake presented the December 2008 Monthly Financial Report, stated a budget update will be presented during the February 3, 2009, Pre Council meeting and answered questions of the City Council. PC-3 Discussion of design alternatives for the Glade Road and Pool Road intersection improvements Public Works Director Steve Chutchian reviewed the street capital improvement projects scheduled for Fiscal Year 2009 and provided an overview of the process for intersection improvements at Glade Road and Pool Road and answered questions of the City Council. City of Colleyville Page 1 Printed on 1/29/2009 City Council City Council Minutes -Draft January 20, 2009 Discussion ensued regarding citizen concerns and questions related to roundabouts and crosswalks. City Council requested information regarding citizen response to roundabouts in the City of Southlake and signage to notify citizens of capital improvement projects. PC-4 Discussion of the January 20, 2009 regular agenda items There was no discussion of the regular agenda items. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 5:56 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on January 20, 2009, at 7:30 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, Interim City Manager Kelly Cooper, Police Chief Tommy Ingram, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Planner Justin Bass, Colleyville Center Manager Lin Przybyl, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.074 -Personnel -Deliberate the appointment, employment and duties of the City Manager City of Colleyville Page 2 Printed on 1/29/2009 City Council City Council Minutes -Draft January 20, 2009 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 551.072, Property, 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 5:56 p.m. and reconvened at 7:30 p.m. INVOCATION: Pastor Tom Pimbleton, Compass Christian Church 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-09-3057 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Wollin invited citizens to Watch Dog Nation, January 22, 2009, at 7:00 p.m. in the Colleyville Public Library. Watch Dog Nation is an informative presentation by Star Telegram Columnist Dave Lieber, which includes tips, tools and strategies to protect families against scams and bad business practices. Councilmember Licata visited the Digital Book Mobile, sponsored by the Colleyville Public Library, and learned how to download items from the Library to a computer or Ipod and stated Library staff will provide assistance in utilizing this resource. Mayor Kelly presented a plaque to Ms. Faye Alldredge in recognition of service on the Celebrate Colleyville Steering Committee. Mayor Kelly presented a plaque to Mr. Pat Horn in recognition of service on the Parks and Recreation Advisory Board. Mayor Kelly presented a plaque to Ms. Pat Jones in recognition of service on the Colleyville Center Advisory Committee. Ms. Jones stated it was a pleasure to work with Colleyville Center Manager Lin Przybyl. Cify of Colleyville Page 3 Printed on 1/29/2009 City Council City Council Minutes -Draft January 20, 2009 4. 4a 5. Mayor Kelly presented a plaque to Ms. Sue Kijowski in recognition of service on the Traffic Safety Advisory Committee. Mayor Kelly presented plaques to Mr. David Klenzendorf and Mr. Jack Olsen in recognition of service on the Colleyville Trails and Sidewalks Committee. Mr. Klenzendorf expressed appreciation for the opportunity to serve on the Colleyville Trails and Sidewalks Committee and encouraged citizens to serve on a City board, commission or committee. Mr. Jack Olsen spoke regarding the work of the Committee related to sidewalks and the safety of children. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3058 Approval of the minutes of the regular City Council meeting of January 6, 2009 Mayor Kelly read Resolution R-09-3058 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-09-3058. 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 ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1705 Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Longwood Estates at Ross Downs Addition, Case Z-08-016 Mayor Kelly read the caption of Ordinance 0-09-1705. Mayor Kelly opened the public hearing. City of Colleyville Page 4 Printed on 1/29/2009 City Council City Council Minutes -Draft January 20, 2009 Mr. David McMahan, representing the applicant, was present to answer questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the traffic route for the drive-through window. Councilmember Taylor moved to approve Ordinance 0-09-1705. 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 5b 0-09-1706 Approval of a Special Use Permit (SUP) for an accessory building and servants or caretakers quarters on Lot 1 R, Block 1 of the Tanglewood Addition located at 7201 Trianon Court, Case Z-08-024 Mayor Kelly read the caption of Ordinance 0-09-1706. Community Development Manager Ron Ruthven stated a provision has been added to the proposed ordinance requiring all structures on the subject property to include a fire sprinkler system. Mayor Kelly opened the public hearing. Mr. Paul Kramer of Castlegate Homes, representing the applicant, was present to answer questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-09-1706. 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 City of Colleyville Page 5 Printed on 1/29/2009 City Council City Council Minutes -Draft January 20, 2009 6 6a ORDINANCE(S): FIRST READING AND PUBLIC HEARING 0-09-1707 Approval to amend Ordinance 0-98-1130 relative to the Colleyville Tree Board Mayor Kelly read the caption of Ordinance 0-09-1707. Parks and Recreation Director Monica Walsh stated the proposed amendments include changing the name of Colleyville Proud to Keep Colleyville Beautiful and changing the terms of office of Tree Board members to run concurrent with their terms on the Parks and Recreation Advisory Board and Keep Colleyville Beautiful and/or Colleyville Garden Club. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin requested the ordinance state "the terms of office to run concurrent with the members' terms on the Parks and Recreation Advisory Board and Keep Colleyville Beautiful and/or the Colleyville Garden Club". 7. TABLED ITEM: 7a R-09-3055 Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1 R-B, Block 1 of the K.R. Marsh Addition located at 2109 Oak Knoll Court, Case G-09-002 There was no discussion or action taken on this item. 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Ken Kerkering, 5603 Hidden Oaks Drive, member of the Hidden Oaks Homeowner Association, commended the City on excellent improvements to Bogart Street and Church Street and requested the emergency access gate at Hidden Oaks Drive and Church Street be repaired. 9. REPORTS: Zoning Board of Adjustment Minutes -October 14, 2008 Library Board Minutes -November 10, 2008 Cify of Colleyville Page 6 Printed on 1/29/2009 City Council City Council Minutes -Draft January 20, 2009 Sign Board of Appeals Minutes -November 11, 2008 Planning and Zoning Commission Minutes -December 8, 2008 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OFJANUARY 20, 2009 -Reading and Public Hearing -Resolution R-09-3059 This resolution was not needed. 11. 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 7:49 p.m. and reconvened Executive Session in the Executive Conference Room. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE AYES, NAYS AND DAY OF Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 7 Printed on 1/29/2009 .i~ ~~.~ --- ` ~~~ .:<.; City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-09-1707 File Number: 0-09-1707 Version: 1 Requester: Parks and Recreation Agenda No.: 5a Department File Type: Ordinance Status: Second Reading Controlling Body: City Council Agenda Date: 02/03/2009 Final Action: File Name: Approval to amend Ordinance 0-98-1130 relative to the Colleyville Tree Board Attachments: Ordinance 0-98-1130 Ordinance 0-09-1709 History of Legislative File Version: Date: Acting Body: Action Text: 01/20/2009 City Council 02/03/2009 City Council Title Approval to amend Ordinance 0-98-1130 relative to the Colleyville Tree Board Explanation Second Reading and Public Hearing There were no speakers regarding this item at the January 20, 2009 meeting. First Reading and Public Hearing City Council approved Ordinance 0-98-1130 on December 15, 1998, which created and established the Colleyville Tree Board. The board consists of six (6) members, three (3) members of the Parks and Recreation Advisory Board and three (3) members of Keep Colleyville Beautiful, formerly known as Colleyville Proud, and/or Colleyville Garden Club, who shall be appointed by the City Council. The proposed amendment to Section 2 provides for the name change from Colleyville Proud to Keep Colleyville Beautiful. The proposed amendment to Section 3 changes the terms of office from three years to run concurrent with the members' terms on the Parks and Recreation Advisory Board and Keep Colleyville Beautiful. Sec. 2 Creation and Establishment of a Colleyville Tree Board There is hereby created and established a City Tree Board for the City of Colleyville, Texas, which shall consist of six (6) members, consisting of three City of Colleyville Page 1 Printed on 1/29/2009 Agenda Briefing Continued (0-09-1707) (3) members of the Parks and Recreation Advisory Board, and three (3) members of Keep Colleyville Beautiful and/or the Colleyville Garden Club, who shall be appointed by the City Council. This Tree Board shall serve in an advisory capacity to the Colleyville Parks and Recreation Board and through them, to the City Council. Sec. 3 Term of Office The terms of the ' fhr /~\ „care o.,no.,+ Colleyville Tree Board members shall run concurrent with their terms on the Parks and Recreation Advisory Board, Keep Colleyville Beautiful Committee and/or Colleyville Garden Club. e~cs~~t~+ +ho +or.,-, of ~n /7~\ of ~~p~~~~~~ fir~+ Rn~rrl ~h nr~l~i /'I \ ~io~r ~nrJ ~hc 4crm of fi~in `/~z~nT`"YM^~~^M~~ n~f 4rh*~~y+4 Rn~rrJ chill he fnr fi~in /'~\ ~io~rc In the event that a vacancy shall occur during the term of any member, ~i+s the successor shall be appointed by the City Council. Financial Impact It has been determined that there is no financial impact Recommendation Approval City of Colleyville Page 2 Printed on 1/29/2009 ORDINANCE 0-98-1130 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, CREATING THE COLLEYVILLE TREE BOARD; PROVIDING THE RULES AND REGULATIONS FOR THE PLANTING AND MAINTENANCE OF TREES ON PUBLIC LANDS DEDICATED TO AND OWNED BY THE CITY OF COLLEYVILLE WITHIN AND WITHOUT THE CITY LIMITS; AND PROVIDING A PENALTY FOR FAILURE TO CONFORM TO ORDINANCE REGULATIONS. WHEREAS, the citizens of Colleyville have long valued the TREES as a natural and often irreplaceable community resource and recognize them as assets for their beauty and service; and WHEREAS, the citizens of Colleyville sense an obligation to protect and promote trees as one fulfillment of their civic responsibilities for present as well as future generations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. DEFINITIONS STREET TREES: "Street Trees" is herein defined as trees, shrubs, bushes, and all other wood vegetation on land lying between the curb, pavement line and the property lines of either side of all streets, avenues or ways within the City. PARK TREES: "Park Trees" is herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park. Sec. 2. CREATION AND ESTABLISHMENT OF A COLLEYVILLE TREE BOARD There is hereby created and established a City Tree Board for the City of Colleyville, Texas, which shall consist of six (6) members, consisting of three (3) members of the Parks and Recreation Advisory Board, and three (3) members of the Colleyville Proud and/or the Colleyville Garden Club, who shall be appointed by the City Council. This Tree Board shall serve in an advisory capacity to the Colleyville Parks and Recreation Board and through them, to the City Council. Sec. 3. TERM OF OFFICE The term of the six persons to be appointed by the City Council shall be three years except that the term of two of the members appointed to the first Board shall be for only one year and the term of two members of the Ordinance 0-98-1130 Page 2 of 6 first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed by the City Council. Sec. 4. COMPENSATION Members of the Colleyville Tree Board shall serve without compensation. Sec. 5. DUTIES AND RESPONSIBILITIES It shall be the responsibility of the Board to study, investigate, counsel and develop and/or update annually a written plan for the care, preservation, trimming, planting, replanting, removal or disposition of trees and shrubs in public ways, streets and alleys. Such a plan will be presented annually to the Park and Recreation Advisory Board and through it to the City Council; and upon acceptance and approval of the City Council, shall constitute the official comprehensive City Tree Plan for the City of Colleyville, Texas. The City Manager or his designee shall be responsible for the planting, pruning and removal of all trees located within the street rights-of-way, easements, alleys and parks of the City of Colleyville within the criteria of the approved plan. The owner of land abutting on any street may, when acting within the provisions of this ordinance, prune, spray, plant or remove trees in that part of the street abutting his land. Permission of the City Manager or his designee shall only be required when the owner of the abutting property intends to deviate from the rules and regulations contained in this ordinance. The Board, when requested by the Colleyville Parks and Recreation Advisory Board or the City Council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work. Sec. 6. OPERATION The Board shall choose its own officers, adopt by-laws and keep an official record of its proceedings. A majority of the members shall be a quorum for the transaction of business. Ordinance 0-98-1130 Page 3 of 6 Sec. 7. SMALL TREES AND LARGE TREES ACCENT TREES (Range from 10 to 20 feet) Redbud Cercis canadensis Crepe myrtle Langerstromeia indica Yaupon holly Ilex vomitoria Bradford pear Purus calleryana "Bradford" Texas sophora Sophora affinis Wild plum Prunus americans Crab apple Malus augustifolia Deciduous holly Illex decidua Flameleaf sumac Rhus copallina Cherry-laurel Prunus caroliniana Chase trees Vitex angus-castus OVERSTORY TREES (Range from 30 to 60 feet) Bald cypress Taxodium distichum Cedar Elm Ulmus crassifalia Lacebark Elm Ulmus parvifolia Pecan Carya illinoinesis Chinese Pistache Pistacia chinesis Bur Oak Querns macrocarpa Red Oak Querns shumardii Sweet Gum Liquidambar styraciflau Green Ash Fraximus pennsylvanica Live Oak Quercus virginiana Western soapbeny Sapindus drummondii Post Oak Quercus stallata Black Jack Oak Quercus marilandica Eastern Red Cedar Juniperus virginiana Southern magnolia Magnolia grandiflora Slash pine Pinus elliotii Japanese black pine Pinus thunbergi Austrian pine Pinus nigra Afgan pine Pinus eldarica Sec. 8. SPACING The spacing of street trees will be in accordance with the three species size classes listed in Section 7 of this ordinance, and no trees may be planted closer together than the following (without approval of the Colleyville Tree Board): Accent Trees, 20 feet and Overstory Trees, 40 feet. Ordinance 0-98-1130 Page 4 of 6 Sec. 9 DISTANCE FROM CURB AND SIDEWALKS The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the two species size classes listed in Section 7 of this ordinance, and no trees may be planted closer to any curb or sidewalk than the following: Small trees, 3 feet; Medium trees, 5 feet; and Large trees, 9 feet in accordance with existing City ordinances. Sec. 10 DISTANCE FROM STREET CORNERS AND FIREPLUGS No tree shall be planted closer than 25 feet of any street comer, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet of any fireplug. Sec. 11. UTILITIES No street trees other than those species listed as Small Trees in Section 7 of this ordinance may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility. Sec. 12. PUBLIC TREE CARE The City shall have the right to plant, trim, spray, preserve and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure safety when servicing City utilities or to preserve the symmetry and beauty of such public grounds. The City may remove or cause or order to be removed, any tree or part thereof which is located on public property or municipal utility easement, which by reasons of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest. Sec. 13. TRIMMING CORNER CLEARANCE Every owner of any tree overhanging any street or rights-of-way within the City shall trim the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street in an intersection and so that there shall be a clear space of seven feet (7 ft. ) above the surface of the street or right-of-way. The City shall have the right to trim any tree or shrub on private property when it interferes with visibility of any traffic control device or sign. Such trimming is to be confined to the area immediately above the right-of-way. Ordinance 0-98-1130 Page5of6 Sec. 14. REVIEW BY CITY COUNCIL The City Council shall have the right to review the conduct, acts, and decisions of the Colleyville Tree Board. Any person may appeal from any ruling or order of the Colleyville Tree Board to the City Council who may hear the matter and make a final decision. Sec. 15. PENALTY Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction or a plea of guilty, shall be subject to a fine in an amount not to exceed $2,000 for each offense. Sec. 16. SEVERABILITY OF THE PARTS That the terms and provision of the Ordinance shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause or phrase of this Ordinance should be declared to be invalid in any Court of competent jurisdiction, the same shall not affect the validity of any other section, subsection, sentence, clause of phrase of this ordinance, which remaining portions shall remain in full force and effect. Sec. 17. PUBLICATION The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the j s~ day of December 1998. The second reading and public hearing being conducted on the ~ day of December 1998. ATTEST: C~1n,c.c/ J n Harris, TRMG, CMC City Secretary C OF COLLEYVILLE I Richard Newton Mayor Ordinance 0-98-1130 Page 6 of 6 ED AS TO FORM AND LEGALITY: ~' Ross T. F ter City Attorney ORDINANCE 0-09-1709 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING ORDINANCE 0-98-1130 CREATING THE COLLEYVILLE TREE BOARD; ESTABLISHING RULES AND REGULATIONS FOR THE PLANING AND MAINTENANCE OF TREES ON PUBLIC LANDS DEDICATED TO AND OWNED BY THE CITY OF COLLEYVILLE WHEREAS, City of Colleyville Ordinance 0-98-1130 Section 2 authorized the Creation and Establishment of a Colleyville Tree Board and Section 3 outlined the Term of Office; and WHEREAS, all statutory and constitutional requirements for the passage of the Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council of the City of Colleyville has determined that a revision to Ordinance 0-98-1130 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 Ordinance 0-98-1130, Section 2 -Creation and Establishment of a Colleyville Tree Board is hereby amended to read as follows: There is hereby created and established a City Tree Board for the City of Colleyville Texas, which shall consist of six (6) members, consisting of three (3) members of the Parks and Recreation Advisory Board, and three (3) members of the Keep Colleyville Beautiful and/or Colleyville Garden Club, who shall be appointed by the City Council. This Tree Board shall serve in an advisory capacity to the Colleyville Parks and Recreation Board and through them, to the City Council. Sec. 2. THAT Ordinance 0-98-1130, Section 3 -Term of Office, is hereby amended to read as follows: The terms of the Colleyville Tree Board members shall run concurrent with their terms on the Parks and Recreation Advisory Board, Keep Colleyville Beautiful Committee and/or Colleyville Garden Club. In the event that a vacancy shall occur during the term of any member, the successor shall be appointed by the City Council. Sec. 3. THAT Ordinance 0-98-1130 shall remain in full force and effect, except where amended by this ordinance. Ordinance 0-09-1709 Page 2 of 2 Sec. 4. 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 2009. The second reading and public hearing being conducted on the 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C. G. Boyle City Attorney -_ - ~ City Hall fl/ City of Colleyville 100 Main Street `~"' Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1708 File Number: 0-09-1708 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 02/03/2009 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to Chapter 3-Land Use of the Land Development Code regarding fences and residential carports, Case G-09-003 Attachments: Proposed Amendments to Section 3.26 Fences, Free Standing Walls, and Screening Materials • Proposed Amendment to Section 3.27 Accessory Buildings and Residential Carport Regulations Single Family Residential Properties 40,000 Square Feet or Larger in Size Surrounding Cities Front Yard Fence Regulations Ordinance 0-09-1708 History of Legislative File Version: Date: Acting Body: Action Text: 01/12/2009 Planning and Zoning Commission 02/03/2009 City Council Title Approval of an amendment to Chapter 3-Land Use of the Land Development Code regarding fences and residential carports, Case G-09-003 Explanation First Reading and Public Hearing Staff proposes two amendments to Chapter 3 of the Land Development Code. The first addresses Section 3.26 of the Land Development Code, which regulates the construction of fences within the City while the second is a minor amendment to the carport regulations found in Section 3.27. Based upon the volume of fence variance requests, staff recognizes a potential area of enhancement to the Colleyville fence regulations found in Section 3.26 as they relate to location and height. The Zoning Board of Adjustment (ZBA) is responsible for considering fence variances. As an appellate body, the ZBA is bound by the State of Texas and the Land Development Code to only approve variances when true hardship exists. Since 2000, the ZBA has approved 29 (38% of all variances approved) front yard fence variances to Section 3.26(D)1 of the Land Development Code. Section 3.26(D)1 states: "No fence or free standing wall greater than thirty (30) inches in height and not greater than twenty-five (25) percent solid construction shall extend into the required yard on which the home faces except for perimeter subdivision fences meeting the City of Colleyville Page 1 Printed on 1/29/2009 Agenda Briefing Continued (0-09-1708) following requirement." The primary purpose of this regulation is to keep the front yards along street frontages open and unobstructed to resemble a greenbelt. Most cities within the United States have similar requirements. Currently, the only exception to this requirement in Colleyville are perimeter subdivision fences (including platted "single-lot" developments), which may be built up to eight (8) feet within the required front yard setback. Given the number of fence variances, staff recommends amending Section 3.26(D)1 to allow fences up to eight (8) feet in height on lots containing a minimum of 40,000 square feet. Of the 29 variances, 10 were granted on properties containing more than 40,000 square feet. Of the seven area cities surveyed, Euless and Southlake allow fences within the front yard setback up to eight feet in height without having to obtain a variance or special permission. Of those two cities, Southlake is the only city to allow eight foot fences without a minimum lot size requirement. According to Southlake's zoning ordinance, however, one acre (or 43,560 square feet) is the minimum residential lot size allowed in the city, unless a PUD-Planned Unit Development is approved. The following language has been drafted for City Council consideration and review: D. Fence and Free Standing Wall Setback Requirements 1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid construction shall extend into the required yard on which the home faces_ e~c~ n+~p°~T~~ r c•~ ihrlivi~inn fonncc~ moe+inn +ho f~ll~~~iinn ro'v~iiromon+• a. The primary fencing material shall be of wrought iron, pre-cast concrete, poured in place concrete, concrete masonry unit, brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. b. On a corner lot, a house shall be deemed to face on that street on which it has +ts least dimension unless otherwise determined by the Building Official. c. Gate setback: Any pate shall be set back a sufficient distance from the property line to allow vehicle queuing space in order to maintain safety and to prevent backup along the street pavement. Sufficient distance shall be determined by the Building Official. d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 square feet, and subdivisions, shall be allowed to construct a perimeter fence within the front yard setback. Said fencing shall be no greater than eight (8) feet in_height and shall have no greater than twenty-five (25) percent solid construction within the front yard. Allowed construction materials shall be the same as paragraph "1.a" above. This exception shall not apply to properties zoned as a PUD district. City of Colleyville Page 2 Printed on 1/29/2009 Agenda Briefing Continued (0-09-1708) The recommendation of 40,000 square feet as the minimum lot size for a property line perimeter fence is based on research and analysis of the attached Colleyville map. In this map, those residential properties that meet the minimum square footage recommendation have been highlighted. This recommendation excludes most residential properties located in Colleyville, where lot sizes contain less than one acre and where such fences would take away from the previously mentioned "greenbelt" aesthetic of the front yards of the neighborhood. Lots zoned PUD-Planned Unit Development Commercial are also proposed to be excluded from the 40,000 square foot provision. PUD developments are governed by development standards that are typically unique to each PUD district. Additionally, only 1.4% of all residential lots located within all PUD districts in the City are over 40,000 square feet in size. Staff has also added a provision to ensure that any gates constructed as part of a fence permit will be setback far enough away from the street to prevent a vehicle from blocking traffic while waiting for the gate to open. The remaining proposed changes to this section involve removing minor discrepancies and adding language to clarify the ordinance. The second proposed amendment is to Section 3.27.C -Residential Carport Regulations. Carports may not be built without the approval of a Special Use Permit by the City Council. The current language in the Land Development Code states that "the City Council may approve a request" for a carport. Staff recommends the following amendment: "Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no carport shall be built in the City of Colleyville without approval by the City Council west for a Special Use Permit to construct a carport in a zoning district that permits single family residential dwellings." Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the amendments at the January 12, 2009 meeting by a vote of 7-0. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 1/29/2009 Proposed Amendments to Section 3.26 Fences, Free Standing Walls, and Screening Materials A. Scope 1. This section is to regulate fences, free standing walls and other screening material in a manner so as to promote safety, preserve property values, promote the general welfare of the City of Colleyville, and to enhance the aesthetic quality of the community. 2. No fence, screen, freestanding wall or other visual barrier shall be constructed or placed in such a manner as would endanger the health or safety of the general public. 3. For administrative purposes, all references to fences or walls shall be interpreted to apply to free standing structures. B. Definitions Perimeter Subdivision Fencing. A subdivision perimeter fence shall be construed to be any decorative or security fence along a substantial portion of the boundary or property line of any plat, replat or phase of a plat or replat or filing of a plat or replat as those terms are defined in Chapter 2 -Definitions of this Land Development Code, of any property (1) zoned other than CPO, CN, CC1, CC2, CC3, or ML and shown on an approved plat thereof , or (2) property that is zoned AG, RE, R40, R30, R20, R15, RD, RMF. C. General Requirements/Prohibitions for all Fences and Free-standing Walls 1. Screening Required in Residential Districts: a. Nonresidential uses in a residential district shall be suitably screened from view of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use with screening elements and fences of not less than eight (8) feet in height. Said screening requirements shall not be mandatory for public schools, parks or churches, except where active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Off-street loading areas of any nonresidential use shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use with screening elements and fences of not less than (8) feet in height. b. Where a multifamily or mobile home use abuts a one or two family district, or where a mobile home use abuts a one, two or multifamily use or district, the side and rear property lines of said multifamily or mobile home use or district shall be suitably screened from view of any adjacent dissimilar residential dwelling or lot. c. Garbage, refuse, and trash collection/storage areas in any multifamily development, mobile home development, or other nonresidential use permitted in a residential district shall be fully enclosed by a dense screening element to adequately screen such an area from view of the surrounding area. d. Nothing in this section shall restrict the fencing of tennis courts with traditional fencing material to a maximum of twelve (12) feet. 2. Screening Required in Non-Residential Districts: Proposed Amendments to Chapter 3.26 Fences, Free Standing Walls, and Screening Materials Page 2 of 7 a. Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened with a solid fence, by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than eight (8) feet. Such fence shall consist of wood or masonry materials, or a combination thereof. b. Where a district boundary separating a residential district from a nonresidential district is along a street, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet. c. Garbage, refuse and trash collection/storage areas shall be fully enclosed by a suitable screening element of not less than six (6) feet in height. d. In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height. e. Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent residential land use. f. All roof mounted mechanical equipment and parapet wall structural supports shall be screened from view. 3. Obstruction Prohibited: No fence, screen, free standing wall or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. A visual barrier shall be deemed to be any fence, wall, hedge, shrubbery, etc., higher than thirty (30) inches above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven (7) feet above ground level. See Exhibit " 3-1 ". Till S AREA MIST KEIT ClEAA AND NOT IE AlI.OMED 06STAUCT THE YI Of MAl10Al5T Exhibit " 3-1" Obstructions Prohibited 4. Twenty-Five (25) Foot Visibility Triangle Required: No fence, screen, wall or visual barrier shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of twenty-five (25) feet back from the property corner along both streets. See Exhibit "3-2". Deletions are marked as s~iketl~et~~ Additions are underlined Proposed Amendments to Chapter 3.26 Fences, Free Standing Walls, and Screening Materials Page 3 of 7 STAEEi r;.o.44 2S' TYPICIL C6RIIER ~ , i'ISIRILITIr FRIA11fiE LQT 10 ~E Kfli CLEAR Of 1'IS1iL o~sT>Allrnolls ~ApPERfl L111E Exhibit " 3-2" Visibility Triangle 5. Barbed Wire Prohibited: Fences constructed of barbed wire and walls topped with broken glass or surfaced with any like material shall be prohibited except as provided below. Barbed wire fences used in conjunction with permitted agricultural, livestock, and related activities, or in industrial districts are permitted without restrictions. Barbed wire strands may be placed on the top of security fences in non-residential districts for the purpose of security from theft, entry and hazard such as around public utility substations and uses of a similar nature, provided the top strand is not higher than eight (8) feet nor the bottom strand lower than six (6) feet from the adjacent grade line. 6. Electrical Fences: Electrical fences and fence charging devices (Underwriters Laboratory approved) shall be plainly marked at a minimum of twenty-five (25) foot intervals as to the nature thereof. 7. Eight (8) Foot Maximum Height: No fence in a residential district shall exceed eight (8) feet in height above ground level at the fence line. 8. Property Owners' Responsibility: The construction of a fence or wall on the property line shall not preclude the property owner's responsibility to maintain and keep the area defined between the extension of the property lines to the back of curb or edge of pavement free and clear of debris and high weeds. See Exhibit " 3-3". LRiA IETORD THE CITY SIAEET ~~ERIr LIME o+NLTr s uE wESrOllsaaE __ TO MAIkTL~, TY/I{*t f RDR L0T3 CI TT iTRfET PIGIJRE 3 riR~dPJ~'1'Y owtl~'S 8ESP4NSI Exhibit " 3-3" Property Owner's Responsibility 9. Public Property: No fence, guy wire, brace or any post of such fence shall be constructed upon or cause to protrude over property that the City or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon drainage and utility easements which are permitted to be fenced. 10. Floodway Permit Required: The construction of a fence or wall in a floodway as shown on the most recent revision of the "Floodway -Flood Boundary and Floodway Map" prepared by the Federal Emergency Management Agency (FEMA) shall require a development permit as currently required in the City's drainage policies. Deletions are marked as sttilEethrer~gq Additions are underlined Proposed Amendments to Chapter 3.26 Fences, Free Standing Walls, and Screening Materials Page 4 of 7 11. Swimming Pools: All swimming pools shall be fenced. A solid or chain link type fence or a barrier at least four (4) feet in height shall completely enclose every swimming pool to be constructed. There shall be no openings, holes, or gaps bigger than four (4) inch spaces and no openings whatsoever on horizontal picket type fences. All gates allowing access to the pool area shall be self-closing with self-latching devices located in the upper quarter of the gate. All entrances to the swimming pool area must be able to be secured by a combination or keylocking device. A dwelling house, accessory building, or apartment building may be used as part of such enclosure provided that all entrances to the swimming pool are equipped with gates as described herein. All fences should conform to local governmental codes and restrictions. D. Fence and Free Standing Wall Setback Requirements 1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid construction shall extend into the required yard on which the home faces_ a. The primary fencing material shall be of wrought iron, pre-cast concrete, poured in place concrete, concrete masonry unit, brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. b. On a corner lots a house shall be deemed to face on that street on which it has +ts least dimension unless otherwise determined by the Building Official. c. Gate setback: Anv gate shall be set back a sufficient distance from the property line to allow vehicle oueuina space in order to maintain safety and to prevent backup along the street pavement. Sufficient distance shall be determined by the Building Official. d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 square feet, and subdivisions, shall be allowed to construct a perimeter fence within the front yard setback. Said fencing shall be no areater than eight (81 feet in height and shall have no greater than twenty-five X25) percent solid construction within the front yard. Allowed construction materials shall be the same as paragraph "1.a" above. This exception shall not apply to properties zoned as a PUD district. 2. Corner Side Yards: Except where allowed elsewhere in this chapter ~-perr;,et~r ,fences and walls within a required side yard adjacent to a street right of way shall meet the following setback standards: A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30") in height or greater than 25 percent opaque construction) within a required street side yard shall be subject to whichever of the following provisions a) through d) shall yield the greatest setback: a. If the subject lot has a street side yard which faces a dwelling front or lot front across the side street, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from the property line, except on any lot having either a required side yard less than fifteen (15') feet or an existing primary structure setback less than fifteen (15') feet, then the fence or wall may be constructed with the same setback as the primary structure; or Deletions are marked as strikethrerr Additions are underlined Proposed Amendments to Chapter 3.26 Fences, Free Standing Walls, and Screening Materials Page 5 of 7 b. If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from the side property line; or c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall shall be located not closer to the side property line than the required front setback of the adjoining lot; or d. If the subject lot backs to an alley, the side yard privacy fence or wall shall be located not closer than fifteen feet (15') from the side property line. A decorative wall or fence (which is defined as any wall or fence not greater than thirty inches in height and not greater than twenty-five percent opaque construction) within a required street side yard shall not be placed less than three feet (3') from the side property line, and shall not be subject to the provisions of the preceding sections (a) through (d). 3. Adjacent to Undeveloped Property: Except for perimeter subdivision fencing meeting the requirements in paragraph "1.a" above, no fence or wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid masonry, shall be located less than fifteen (15) feet from the side property line adjacent to the street which leads into undeveloped property. See Exhibit"3-4". 25' City Street (1) Set-back established by district regulations Exhibit " 3~" Typical 15'-0" Fence Setbacks 4. Rear Fence and Free Standing Wall Setbacks: Fences and walls meeting all of the construction requirements of paragraph "1.a" above and the Uniform Building Code may be erected on the rear property line except; however, lots whose rear property line abuts a public street on which one of the immediate adjacent lots maintains its required front yard, then no fence nor wall greater than thirty (30) inches in height shall be located within fifteen (15) feet of the subject lots rear property line. See Exhibit "3-4". E. Security Gating Encroachments A front yard fence or screening wall providing support for a security gate and not exceeding a maximum height of 6 feet, may encroach a maximum of 10-feet into the front yard setback of a residential lot when the fence or screening wall meets the following criteria and shown in Exhibit "A".: Deletions are marked as ~*~~~ Additions are underlined Proposed Amendments to Chapter 3.26 Fences, Free Standing Walls, and Screening Materials Page 6 of 7 1. The fence or screening wall shall attach to a gated entry across the driveway; 2. The fence or screening wall shall attach to the dwelling unit not more than 10 feet from the driveway and extend toward the driveway; 3. The fence or screening wall shall extend to the nearest side property line; 4. The fence or screening wall shall not extend beyond 10 feet into the setback from the dwelling unit; 5. The fence or screening wall shall not enclose nor extend across the entire front yard; 6. The gate and columns may not extend beyond one foot in height above the fence; 7. A minimum setback distance of 20 feet from the fence, screening wall and gate to the front property line shall be maintained. Exhibit "A" ~ ~ Side Yard ~ Setback I Dwelling Llne I ~ Unk -~ Front Yard I Setback Property -}I„ Line- - - Ine 10 Feat Wing Wall 20 F.€Administration 1. Fence Permit Required - It shall be unlawful for any individual, partnership, company or corporation to erect or have erected a fence or any part of a fence of permanent construction in the city limits without first obtaining a fence permit from the Office of Building Inspections. 2. Application for Permit -Any individual, partnership, company or corporation making application for a fence permit must sign an application for same showing the following information: a. Applicants name, address, and in addition, if the applicant represents a company or corporation, the name and address of the supervisor or foreman of said company or corporation and the name of its president. b. Name and owner of the property. c. Local address where fence is proposed to be erected. d. Materials and type of fence construction. e. Height of fence. Deletions are marked as °+ough Additions are underlined Proposed Amendments to Chapter 3.26 Fences, Free Standing Walls, and Screening Materials Page 7 of 7 f. Applicant shall provide engineering plans and specifications for those types of fences where such engineering is deemed appropriate by the Building Official. The engineering plans shall be reviewed and approved by the Building Official prior to issuance of a fence permit. g. Survey showing lot on which the fence is proposed to be erected and the location of adjoining or adjacent lots showing existing structures and fences. The proposed fence shall be delineated by a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in lieu of a survey. Deletions are marked as ~eag~#r Additions are underlined Proposed Amendment to Section 3.27 Accessory Buildings and Residential Carport Regulations Section 3.27 Accessory Buildings and Residential Carport Regulations Subsection C 1. Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no carport shall be built in the City of Colleyville without approval by the City Council est for a Special Use Permit to construct a carport in a zoning district that permits single family residential dwellings. Deletions are marked as °~~~~us" Additions are underlined N N Q O L a. N .~ .~ t~ LL _N ~7 ~_ W ^~ z H C ;:+ 7 V ++ O L ~+ V ~_ L c ~ ~ a ~= m a~ o c ~ a~ E L Q ~,~a c ~ o ,;~ o ~ ~ a? ~ N ~ ~ ~ - ~ ~ o ~ ca rn- m _ O~ ~ O O U p ~ C O Q' c O C .N ~ N ~ O Y .~ ~ 0 ~~ o~ N Q N O ;~, ca ~ - a~ o ~ U ~(j o o c\u m Q ~ Q ~ o ~ ~ N ~ a d c o ~ ~ uNi }' c c ~ cv o aoi c ~ ~ k .o~~ > ~ rn c o`~~~ ~ cn W c >' ~. f0 (Q fd N ~~ U C C ~ "'' N N 0 N w a~ .~. .~ ~ ~ O O ~ C ~ ~ ~ O C v~ + ~+ 3 r r •V Q - '~ O O N O N ~ N N 0 fn ~ C U N N ~f-. J C to ~ .. ~ ~ Q O o ~ ~ N = o a N ~ o - ~ E N N +• O U C '~ C N O ~ C (6 L ~ ~ E M ~ ~ C C ~ V -. C `- v- ~ f0 'O p O U ~ d ~~ C O '++ ~ C ~ C ++ ~ ~ E ~ ~ N `p .~ O (B _ C . N O C N' O ~ p ~ Q O 'O N O ~ C ~ "O N ~ ~ O +r w ~ ~ ~ N ~ N 7 Q = .r.+ a1 QI .~ .` ~- ~ v to fA fn ~ ~ ~ p U ~.., ~ _ p ~ _ p ~ _ p ~ p U p U ~. . . y ~ ~ C d M ~ N N M M ~ ~ ~ ~ O w =I=I i ~ ~ d Y ~ v ' ea ` p~ a ~ °-' 3 ' ~ ~ ~ ~ °-' 'o N Y LL Z m = W V C 0 c 0 D L C O 1L I.L U J N a~ 0 0 U •_ ORDINANCE 0-09-1708 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTIONS 3.26 AND 3.27, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding fence construction standards and carport requirements; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 3, Land Use, Section 3.26, of the Land Development Code, is hereby amended in its entirety to read as shown in the attached Exhibit «A,~ Sec. 2. THAT Chapter 3, Land Use, Section 3.27(C)1, of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "B". Sec. 3. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 4. THAT any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 5. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 6. THAT this ordinance shall take effect immediately from and after its passage. Ordinance 0-09-1708 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" A. Scope 1. This section is to regulate fences, free standing walls and other screening material in a manner so as to promote safety, preserve property values, promote the general welfare of the City of Colleyville, and to enhance the aesthetic quality of the community. 2. No fence, screen, freestanding wall or other visual barrier shall be constructed or placed in such a manner as would endanger the health or safety of the general public. 3. For administrative purposes, all references to fences or walls shall be interpreted to apply to free standing structures. B. Definitions Perimeter Subdivision Fencing. A subdivision perimeter fence shall be construed to be any decorative or security fence along a substantial portion of the boundary or property line of any plat, replat or phase of a plat or replat or filing of a plat or replat as those terms are defined in Chapter 2 -Definitions of this Land Development Code, of any property (1) zoned other than CPO, CN, CC1, CC2, CC3, or ML and shown on an approved plat thereof , or (2) property that is zoned AG, RE, R40, R30, R20, R15, RD, RMF. C. General Reauirements/Prohibitions for all Fences and Free-standing Walls 1. Screening Required in Residential Districts: a. Nonresidential uses in a residential district shall be suitably screened from view of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use with screening elements and fences of not less than eight (8) feet in height. Said screening requirements shall not be mandatory for public schools, parks or churches, except where active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Off-street loading areas of any nonresidential use shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use with screening elements and fences of not less than (8) feet in height. b. Where a multifamily or mobile home use abuts a one or two family district, or where a mobile home use abuts a one, two or multifamily use or district, the side and rear property lines of said multifamily or mobile home use or district shall be suitably screened from view of any adjacent dissimilar residential dwelling or lot. c. Garbage, refuse, and trash collection/storage areas in any multifamily development, mobile home development, or other nonresidential use permitted in a residential district shall be fully enclosed by a dense screening element to adequately screen such an area from view of the surrounding area. d. Nothing in this section shall restrict the fencing of tennis courts with traditional fencing material to a maximum of twelve (12) feet. 2. Screening Required in Non-Residential Districts: a. Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened, with a solid fence, by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than eight (13) feet. Such fence shall consist of wood or masonry materials, or a combination thereof. b. Where a district boundary separating a residential district from a nonresidential district is along a street, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet. c. Garbage, refuse and trash collection/storage areas shall be fully enclosed by a suitable screening element of not less than six (6) feet in height. d. In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height. e. Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent residential land use. f. All roof mounted mechanical equipment and parapet wall structural supports shall be screened from view. 3. Obstruction Prohibited: No fence, screen, free standing wall or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. A visual barrier shall be deemed to be any fence, wall, hedge, shrubbery, etc., higher than thirty (30) inches above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven (7) feet above ground level. See Exhibit "3-1". THIS ~REw IusT KEtT CLEAN IIID NOT IE AltOMED OISIAUCT THE YI Of MOTORIST Exhibit " 3-1" Obstructions Prohibited 4. Twenty-Five (25) Foot Visibility Triangle Required: No fence, screen, wall or visual barrier shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of twenty-five (25) feet back from the property corner along both streets. See Exhibit " 3-2". STAEET a.o.u4 Rg~ :n N TYPICAL pD/~~ ~ , E'131RILITT TRIANSLE LOT 10 DE AfTT CLEAR Df 1'19U1L O~S'rMUCTIpIS I 1 I I L111E Exhibit " 3-2" Visibility Triangle 5. Barbed Wire Prohibited: Fences constructed of barbed wire and walls topped with broken glass or surfaced with any like material shall be prohibited except as provided below. Barbed wire fences used in conjunction with permitted agricultural, livestock, and related activities, or in industrial districts are permitted without restrictions. Barbed wire strands may be placed on the top of security fences in non-residential districts for the purpose of security from theft, entry and hazard such as around public utility substations and uses of a similar nature, provided the top strand is not higher than eight (8) feet nor the bottom strand lower than six (6) feet from the adjacent grade line. 6. Electrical Fences: Electrical fences and fence charging devices (Underwriters Laboratory approved) shall be plainly marked at a minimum of twenty-five (25) foot intervals as to the nature thereof. 7. Eight (8) Foot Maximum Height: No fence in a residential district shall exceed eight (8) feet in height above ground level at the fence line. 8. Property Owners' Responsibility: The construction of a fence or wall on the property line shall not preclude the property owner's responsibility to maintain and keep the area defined between the extension of the property lines to the back of curb or edge of pavement free and clear of debris and high weeds. See Exhibit " 3-3". ARfA IETOIID TIIE CITY;Tr<EET 1~fER1Y LlllE dM1E>f' S ARE AE8~4AilA1L[ W MAiMTrtl~, TrPJ(ZtiE F LdN LOT3 CITT SillEET ~ P=GIJRS 3 4ti$0?>3it'1'Y DWH>~'$ BESPONSI Exhibit " 3-3" Property Owner's Responsibility 9. Public Property.' No fence, guy wire, brace or any post of such fence shall be constructed upon or cause to protrude over property that the City or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon drainage and utility easements which are permitted to be fenced. 10. Floodway Permit Required: The construction of a fence or wall in a floodway as shown on the most recent revision of the "Floodway -Flood Boundary and Floodway Map" prepared by the Federal Emergency Management Agency (FEMA) shall require a development permit as currently required in the City's drainage policies. 11. Swimming Pools: All swimming pools shall be fenced. A solid or chain link type fence or a barrier at least four (4) feet in height shall completely enclose every swimming pool to be constructed. There shall be no openings, holes, or gaps bigger than four (4) inch spaces and no openings whatsoever on horizontal picket type fences. All gates allowing access to the pool area shall be self-closing with self-latching devices located in the upper quarter of the gate. All entrances to the swimming pool area must be able to be secured by a combination or keylocking device. A dwelling house, accessory building, or apartment building may be used as part of such enclosure provided that all entrances to the swimming pool are equipped with gates as described herein. All fences should conform to local governmental codes and restrictions. D. Fence and Free Standing Wall Setback Requirements 1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid construction shall extend into the required yard on which the home faces. a. The primary fencing material shall be of wrought iron, pre-cast concrete, poured in place concrete, concrete masonry unit, brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. b. On a corner lot, a house shall be deemed to face on that street on which it has least dimension unless otherwise determined by the Building Official. c. Gate setback: Any gate shall be set back a sufficient distance from the property line to allow vehicle queuing space in order to maintain safety and to prevent backup along the street pavement. Sufficient distance shall be determined by the Building Official. d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 square feet, and subdivisions, shall be allowed to construct a perimeter fence within the front yard setback. Said fencing shall be no greater than eight (8) feet in height and shall have no greater than twenty-five (25) percent solid construction within the front yard. Allowed construction materials shall be the same as paragraph "1.a" above. This exception shall not apply to properties zoned as a PUD district. 2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences and walls within a required side yard adjacent to a street right of way shall meet the following setback standards: A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30") in height or greater than 25 percent opaque construction) within a required street side yard shall be subject to whichever of the following provisions a) through d) shall yield the greatest setback: a. If the subject lot has a street side yard which faces a dwelling front or lot front across the side street, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from the property line, except on any lot having either a required side yard less than fifteen (15') feet or an existing primary structure setback less than fifteen (15') feet, then the fence or wall may be constructed with the same setback as the primary structure; or b. If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from the side property line; or c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall shall be located not closer to the side property line than the required front setback of the adjoining lot; or d. If the subject lot backs to an alley, the side yard privacy fence or wall shall be located not closer than fifteen feet (15') from the side property line. A decorative wall or fence (which is defined as any wall or fence not greater than thirty inches in height and not greater than twenty-five percent opaque construction) within a required street side yard shall not be placed less than three feet (3') from the side property line, and shall not be subject to the provisions of the preceding sections (a) through (d). 3. Adjacent to Undeveloped Property: Except for perimeter subdivision fencing meeting the requirements in paragraph "1.a" above, no fence or wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid masonry, shall be located less than fifteen (15) feet from the side property line adjacent to the street which leads into undeveloped property. See Exhibit"3-4". 25' City Street (1) Set-back established by district regulations Exhibit " 3-4" Typical 15'-0" Fence Setbacks 4. Rear Fence and Free Standing Wall Setbacks: Fences and walls meeting all of the construction requirements of paragraph "1.a" above and the Uniform Building Code may be erected on the rear property line except; however, lots whose rear property line abuts a public street on which one of the immediate adjacent lots maintains its required front yard, then no fence nor wall greater than thirty (30) inches in height shall be located within fifteen (15) feet of the subject lots rear property line. See Exhibit "3-4". E. Securit Gatin Encroachments A front yard fence or screening wall providing support for a security gate and not exceeding a maximum height of 6 feet, may encroach a maximum of 10-feet into the front yard setback of a residential lot when the fence or screening wall meets the following criteria and shown in Exhibit "A".: 1. The fence or screening wall shall attach to a gated entry across the driveway; 2. The fence or screening wall shall attach to the dwelling unit not more than 10 feet from the driveway and extend toward the driveway; 3. The fence or screening wall shall extend to the nearest side property line; 4. The fence or screening wall shall not extend beyond 10 feet into the setback from the dwelling unit; 5. The fence or screening wall shall not enclose nor extend across the entire front yard; 6. The gate and columns may not extend beyond one foot in height above the fence; 7. A minimum setback distance of 20 feet from the fence, screening wall and gate to the front property line shall be maintained. Exhibit "A" ~ ~ I Slda Yud ~ SMDatk DwNllnS Lina I ' Unh ~ Front Yard I SNback FropertY L I Lln~- ..... - Ins L_~ Wlnp Wall 20 F. Administration 1. Fence Permit Required - It shall be unlawful for any individual, partnership, company or corporation to erect or have erected a fence or any part of a fence of permanent construction in the city limits without first obtaining a fence permit from the Office of Building Inspections. 2. Application for Permit -Any individual, partnership, company or corporation making application for a fence permit must sign an application for same showing the following information: a. Applicants name, address, and in addition, if the applicant represents a company or corporation, the name and address of the supervisor or foreman of said company or corporation and the name of its president. b. Name and owner of the property. c. Local address where fence is proposed to be erected. d. Materials and type of fence construction. e. Height of fence. f. Applicant shall provide engineering plans and specifications for those types of fences where such engineering is deemed appropriate by the Building Official. The engineering plans shall be reviewed and approved by the Building Official prior to issuance of a fence permit. g. Survey showing lot on which the fence is proposed to be erected and the location of adjoining or adjacent lots showing existing structures and fences. The proposed fence shall be delineated by a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in lieu of a survey. Exhibit "B" Subsection C 1. Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no carport shall be built in the City of Colleyville without approval by the City Council for a Special Use Permit to construct a carport in a zoning district that permits single family residential dwellings. GN n, ~~ ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1709 File Number: 0-09-1709 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 02/03/2009 Agenda No.: 6b Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code regarding wind driven generators, Case G-09-004 Attachments: Proposed Amendment to Section 3.24(C) Residential WECS Standards for Cities and Counties Throughout the United States Ordinance 0-09-1709 History of Legislative File Version: Date: Acting Body: Action Text: 01/12/2009 Planning and Zoning Commission 02/03/2009 City Council Title Approval of an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code regarding wind driven generators, Case G-09-004 Explanation First Reading and Public Hearing Wind driven generators are currently listed in Table 3.24.8-Schedule of Permitted Principle Uses of the Land Development Code and are permitted by Special Use Permit (SUP) in all zoning districts. There are, however, no specific provisions or minimum requirements regarding wind driven generators in the Land Development Code. Given the lack of any minimum standards in the Land Development Code in addition to the current economic trends, specifically as they relate to energy costs and consumption, staff proposes a list of baseline standards related to the placement and operation of wind driven generators in the City of Colleyville to be added to Section 3.24(C) -Special Land Use Standards in the Land Development Code. The following are recommendations and explanations (in italics) regarding the proposed amendment to the Land Development Code: - All wind driven generator towers shall be of a monopole design. All wiring shall be buried underground by means of a conduit system. Similar to cellular towers recently built in Colleyville, staff recommends a monopole design as it is more aesthetically pleasing. Modern wind driven generators typically use such designs. The underground conduit would City of Colleyville Page 1 Printed on 1/29/2009 Agenda Briefing Continued (0-09-1709) improve the aesthetic of the tower and prevent any overhead wires. - A wind driven generator may only be considered on lots containing a minimum of 1.5 acres. This requirement confines wind driven generators to larger lots which, given their size, allow more flexibility to locate the apparatus to utilize the maximum amount o1 wind. - The maximum height of a wind driven generator shall be no greater than 50 feet, measured from the existing ground level to the highest point of the blades. Based on the attached survey and research regarding the minimum height needed to operate a successful wind driven generator, staff recommends this height as a base standard. However, standard (c) also limits the height based on required setbacks. - All wind energy structures, including tower and rotor, shall stand independent of any building or structure and shall have a minimum setback from any property line, right-of-way, power line, or other improvement of 1.5 times the height of the wind energy structure. It shall also be located entirely in the rear yard and shall not be located in any required setback. The setback not only helps maintain safety through location, but also prevents smaller properties from constructing a generator at a height disproportionate to all other structures on the subject property. In addition, requiring an applicant to place the wind driven generator in the rear yard aids in maintaining an aesthetic standard. - The maximum noise level shall not exceed 50 dB(a), measured from the property line, adjacent to any residentially zoned property, and 60 dB(a) adjacent to all other zoning districts. From our previous research regarding gas wells, staff recognizes that this level represents the typical level of noise in a residential subdivision. Any new structures added within a subdivision should be held to the same standard. - A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration. Alighted monopole would likely be a nuisance to neighboring residents. Staff recognizes no reason, beyond FAA requirements, to permit lighting on a pole. - The wind tower must either (a) have a locked anti-climb device installed on the tower; or (b) be completely enclosed by a locked, protective fence at least 6 feet in height. This would keep the apparatus secure and would prevent children from accessing the tower. - No signage or advertisements shall be allowed on the wind tower. The wind driven generator is for energy conservation purposes. - A maximum of one wind energy system, including the tower, shall be permitted per lot. Additional poles could create the potential for a wind farm with numerous wind towers. - A wind driven generator, found to be non-productive or unused, for a period exceeding 180 days, shall be immediately removed from the premise and the site City of Colleyville Page 2 Printed on 1/29/2009 Agenda Brief-n_g Continued (0-09-1709) returned to its prior condition, at the expense of the property owner. This standard will help maintain an aesthetic appeal and remove obsolete objects from properties. The adoption of these standards would not preclude the City Council from requiring additional standards not listed above as a condition of approving an SUP for a wind driven generator. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the amendments at the January 12, 2009 meeting by a vote of 7-0. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 1/29/2009 Proposed Amendment to Section 3.24(C) -Special Land Use Standards Colleyville Land Development Code 18. Wind Driven Generators - No wind driven generator shall be constructed without approval of a special use permit per Section 3.24 of the Land Development Code. a. All wind driven generator towers shall be of a monopole design. All wiring shall be buried underground by means of a conduit system. b. A wind driven generator may be considered on lots measuring a minimum of 1.5 acres. c. The maximum height of a wind driven generator shall be no greater than 50 feet, measured from the existing ground level to the highest point of the blades. d. All wind energy structures, including tower and rotor, shall stand independent of any building or structure and shall have a minimum setback from any property line, right-of--way, power line, or other improvement of 1.5 times the height of the wind energy structure. It shall also be located entirely in the rear yard and shall not be located in any required setback. e. The maximum noise level shall not exceed 50 dB(a), measured from the property line, adjacent to any residentially zoned property, and 60 d6(a) adjacent to all other zoning districts. f. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration. g. The wind tower must either (a) have a locked anti-climb device installed on the tower; or (b) be completely enclosed by a locked, protective fence at least 6 feet in height. h. No signage or advertisements shall be allowed on the wind tower. i. 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N N p ~ 'y ~ cg f"i c C C 'D f il C N fp y 0. 3 ` 'c ~rn3~~a~i~~`Y~a°icg `c`0-o°~E~$,oO3 N o o c`om7pj-3 G1 C O. _ 0 N N d N d p Q N O d U C~ C X O U 7 n O- 66 (( O O~ N r U O_ y ~ p N U 3 C ~C N U~ '~ ~+ U E m j N y V d 7 O y G7 nl ~" > l0 C ~l ~ O` .O ~ L .O O C m y N f6 O y C E O C O C U ~ m ~' m nw Q 3 ~ t m a a~ E ~ E p U ++ m > U a rn U N ° c - o ti ~ c d a i 3 ~ ~ ORDINANCE 0-09-1709 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTION 3.24, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding special land use standards by adding minimum standards for wind driven generators; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 3, Land Use, Section 3.24(C), of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "A". Sec. 2. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 3. THAT any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 4. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 5. THAT this ordinance shall take effect immediately from and after its passage. Ordinance 0-09-1709 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" Section 3.24 -Subsection C: 18. Wind Driven Generators - No wind driven generator shall be constructed without approval of a special use permit per Section 3.24 of the Land Development Code. a. All wind driven generator towers shall be of a monopole design. All wiring shall be buried underground by means of a conduit system. b. A wind driven generator may be considered on lots measuring a minimum of 1.5 acres. c. The maximum height of a wind driven generator shall be no greater than 50 feet, measured from the existing ground level to the highest point of the blades. d. All wind energy structures, including tower and rotor, shall stand independent of any building or structure and shall have a minimum setback from any property line, right-of--way, power line, or other improvement of 1.5 times the height of the wind energy structure. It shall also be located entirely in the rear yard and shall not be located in any required setback. e. The maximum noise level shall not exceed 50 dB(a), measured from the property line, adjacent to any residentially zoned property, and 60 dB(a) adjacent to all other zoning districts. f. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration. g. The wind tower must either (a) have a locked anti-climb device installed on the tower; or (b) be completely enclosed by a locked, protective fence at least 6 feet in height. h. No signage or advertisements shall be allowed on the wind tower. i. A maximum of one wind energy system, including the tower, shall be permitted per lot. j. A wind driven generator, found to be non-productive or unused, for a period exceeding 180 days, shall be immediately removed from the premise and the site returned to its prior condition, at the expense of the property owner. „V~l' ~i, ~,, ~~ r. •.,,, City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-09-1710 File Number: 0-09-1710 Version: 1 File Type: Ordinance Agenda Date: 02/03/2009 Agenda No.: 6c Controlling Body: City Council Requester: Community Development Department Final Action: File Name: Approval of amendments to Chapter 22, Article VI of the Code of Ordinances regarding Mass Gathering Regulations and Chapter 6, Article 1 of the Code of Ordinances regarding Alcoholic Beverages, Case GC09-001 Attachments: Proposed Amendments to Colleyville Mass Gathering Regulations Proposed Amendments to Colleyville Alcoholic Beverage Regulations Ordinance 0-09-1710 History of Legislative File Version: Date: Acting Body: Action Text: 02/03/2009 City Council Title Approval of amendments to Chapter 22, Article VI of the Code of Ordinances regarding Mass Gathering Regulations and Chapter 6, Article 1 of the Code of Ordinances regarding Alcoholic Beverages, Case GC09-001 Explanation First Reading and Public Hearing The item was presented to the City Council as a Pre Council item on January 6, 2009. Based on discussion of the proposed amendments, staff has drafted the final proposed changes to the mass gathering and alcoholic beverage regulations for City Council consideration. The original mass gathering regulations, located in Chapter 22 of the Code of Ordinances and adopted by the City Council to control mass gatherings, were enacted by Ordinance 0-73-126 on April 17, 1973 and were amended on December 21, 2004. The purpose of the mass gathering regulations is to protect public safety and quality of life through specific standards for temporary events that address sanitation, food, noise, traffic, temporary structures, signs, etc. The current regulations only apply to events of more than 500 persons at any one time for a period of more than eight hours. Events less than 500 persons only require staff approval as prescribed by the Land Development Code. The 2004 amendments "modernized" the existing regulations and included removing "music festivals" from the regulation language as well as reducing the size of the regulations by removing many redundant requirements related to specific medical, waste and required Status: First Reading City of Colleyville Page 1 Printed on 1/29/2009 Agenda Briefing Continued (0-09-1710) food supplies. The 2004 regulations also changed the City's issuing officer from the mayor to the building official. Based on comments received at the January 6, 2009 Pre Council meeting, staff proposes the following changes to the current mass gathering and alcoholic beverage regulations: ^ As required by the current mass gathering regulations, any mass gathering permit must be approved by the City Council. Based on direction received by the City Council at the January 6, 2009 Pre Council meeting, staff has not changed this requirement. ^ Changing the issuing officer from the building official to the city manager or his/her designee: This proposed change seeks to increase permit processing flexibility and centralizes staff accountability by placing authority for issuing the permit with the City's chief staff member (city manager), who then may delegate processing and approval of the permit to a department head or manager. ^ Adding a temporary alcohol sales permit for on-premise consumption in conjunction with a mass gathering permit: There is currently no provision in the Code o1 Ordinances or the Land Development Code that allows alcohol sales at a mass gathering event. Therefore, event attendees must currently bring alcohol purchased off-site to an event, if allowed by the event sponsor and/or property owner and provided no City or State laws are violated. The proposed addition to Chapter 6 would allow the City Council the ability to issue a permit allowing the temporary sale of alcohol for on-premise consumption only in conjunction with an approved mass gathering permit, provided all Texas Alcoholic Beverage Commission requirements are followed. A provision authorizing the police chief to require a police officer(s), at the expense of the event promoter, to be present as a condition of the alcohol permit has also been added to the mass gathering regulations. ^ Requiring insurance, indemnification and a surety bond: With regard to any event that is held on, or involves the use of, any City owned property, sections have been added that require the following: (1) the event sponsor is to provide a certificate of insurance to the issuing officer; (2) the event sponsor shall sign an agreement holding the City harmless for any damage to persons or property in conjunction with the event; and, (3) at the discretion of the issuing officer and/or the City Council, the event sponsor may be required to post a surety bond in the assurance that any City property is cleaned and returned to the condition prior to the event. Other amendments proposed by staff include amending the definition of a mass gathering event to exclude school related activities and City sanctioned sporting events on public property as well as adding more specific regulations relating to signs, tents and fireworks displays. Given that the City Council will retain final authority to issue the permit, the submittal schedule will not change. The current submittal requirements are as follows: - An application must be submitted no later than 60 days prior to the event; City of Colleyville Page 2 Printed on 1/29/2009 Agenda Briefing Continued (0-09-1710) - Upon receipt of all required documentation, the issuing officer will then schedule the permit application for consideration at a regular City Council meeting. - The City Council considers the mass gathering permit at a regular meeting. In addition to the draft ordinance, the proposed amendments to the mass gathering and alcoholic beverage regulations are also attached with "mark-ups". Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 1/29/2009 Proposed Amendments to Colleyville Mass Gathering Regulations Proposed deletions contain e~~eag#s; Proposed additions are underlined CHAPTER 22 -BUSINESSES. ARTICLE VI. MASS GATHERING EVENTS Sec. 22-176. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Issuing officer ^^°~^° •"° "~ ~~'~'~^^ ^'~^'°'. The city manager or his/her designated representative. Mass gathering events means any outdoor meeting or gathering held inside the city limits or within the extraterritorial jurisdiction of the city in which ~ more than 500 persons er~aere are rp event at any one time and who will remain at the location of the gathering for a period of more than eight continuous hours. This definition shall not apply to the following events: (1) public or private school clatherings such as sporting or educational events where the students are the primary participants: (2) City approved, league sponsored sporting events held within a city owned park. Event sponsor means any person, group of persons, firm, corporation, partnership, or association that organizes, promotes or solicits funds for the organization or promotion of a mass gathering event. Sec. 22-177. Conduct of event; minimum standards. The following minimum standards shall apply in the conduct of mass gathering events permitted under this article: (1) Water supply. a. The event sponsor shall provide access to a supply of potable water on the site where the event is taking place. (2) Toilet facilities. a. The event sponsor shall provide toilet facilities and shall arrange for collection and cleaning at intervals of sufficient frequency to prevent the creation of a health hazard or public nuisance. (3) Solid waste facilities. a. The event sponsor shall arrange for solid waste facilities with the waste collection company holding a franchise with the City of Colleyville. b. All solid waste shall be collected at such frequent intervals as may be necessary to maintain sanitary conditions at the site as determined by the building official. (4) Noise control. Amplifying equipment used shall be designed to control the noise level at the perimeter of the site on which the gathering shall take place and be so operated that at no time more than 70 decibels is registered on the "A" scale at slow response of a standard sound level meter which meets the specifications of the American National Standards Institute. (5) Food sanitation. All food and beverages sold or furnished shall be in accordance with the standards of the Tarrant County Health Department. (6) Medical and nursing care. When required by the Colleyville Fire Chief, the event sponsor shall provide one or more emergency aid stations, which shall be staffed and include suitable temporary shelter, supplies and equipment, at no cost to the City. (7) Signage. . Signage used in accordance with the event shall comply with the Sian Regulations of the City of Colleyville under the provisions for special event and promotional signage. An~igns not located on the actual premises where the event is being held shall only be approved upon the issuance of a sign permit from the building official. Signs advertising the event or directing potential customers to the event site are expresslyprohibited from placement in the City rights-of-wad /~ mnc.t. ~.~~l+or n o~io 4 ~~ihi 'n ~rlec~ •l~e one .,f ~ •en• c~l~.~ll Tents. ~ ~ ,,,~.~~~p~„~+r~9 ~~~c~i~c~~~~ ~pa~~ir~?~p~~_r__n}II_. e'~~ i• ire ~nnnrrl~nno ~~ii4h •ho c~~~nrl~rrl c~ i+~n~~in~a~~ "`7 "Y~T~~~~ A separate tent permit shall be obtained from the building official in order to erect a tent. Anv special event which includes the use of a tent, canoey, or temporary structure shall meet the requirements in the Building Code and Fire Code. Fire lanes for emergency equipment must be provided and the site prepared in a manner so as not to be a fire hazard as determined by the fire marshal. (9) Alcohol. It is the responsibility of the applicant to obtain City approval for the possession and consumption of alcoholic beverages during a special event. For special events requiring a permit from the Texas Alcoholic Proposed Amendments to Colleyville Mass Gathering Regulations Page 2 of 5 Beverage Commission (TABC), a copy of the state permit shall be required prior to the issuance of a mass gathering permit. In accordance with the alcohol provisions in the Colleyville Code of Ordinances. the City Council shall have the authority to issue a temporary alcohol sales permit in conjunction with a mass gathering permit provided all City and State regulations are met. Prior to City Council consideration of the alcohol ep rmit, the police chief shall, notwithstanding any requirements of TABC, determine the amount. if necessary, of police officers required while alcohol is being served. The cost of any required police officers as part of this permit shall be paid in full by the event sponsor prior to issuance of the temporary alcohol sales permit. (10) Fireworks/pyrotechnic displays. Any use of fireworks or pyrotechnic displays must show proof of application for a state permit and prior to issuance of a mass gathering permit. A permit from the fire marshal shall be obtained prior to the use of fireworks or pyrotechnics. (11) City sponsorship. Should the event be officially sponsored or co- sponsored by the City, then certain standards of this chapter may be waived as determined by the issuing officer. (12) Final site cleanup. At the conclusion of the mass gathering, the site shall be inspected by the building official for health and sanitation considerations. The event sponsor shall be responsible for the final site cleanup. The landowner, upon notification by the City of the existence of any unsanitary conditions shall immediately cause such conditions to be corrected. Secs.22-178--22-190. Reserved. Sec. 22-191. Required. No person may act as an event sponsor of a mass gathering event unless a permit has been issued by the City Council under the provisions of this article. Sec. 22-192. Application--Filing; contents. (1) An event sponsor desiring to hold a mass gathering event shall file a permit application with the ~il~l issuing officer at least 60 days prior to the first day of the mass gathering event. (2) The application for a permit under this article must include: (a) The name and address of the event sponsor. (b) A description of the ^'°^° ~~~"°r° the mass gathering site. Proposed Amendments to Colleyville Mass Gathering Regulations Page 3 of 5 (c) The name and address of the owner of the place where the mass gathering event is to be held and a letter signed by the property owner giving permission to the use the property for the mass gathering event. (d) The dates and times that of the mass gathering event +s-~e-~e-f}eld (e) The maximum number of persons that the event sponsor will allow to attend the mass gathering event and a statement showing how the event sponsor plans to control the number of persons in attendance at the mass gathering event. (f) A description of the nature of the event. (g) A filing fee of $250.00 must be submitted with the application for a permit. (h) The event sponsor shall attach a letter to the application which addresses the following: i. initial set-up times ii. controlling the number of persons in attendance at the mass gathering event. iii. parking traffic control iv. street closures v. compliance with health requirements regarding food and beverage services, including the provision for potable water vi. plans for emergency services, equipment and personnel vii. plans for event security viii. restroom facilities ix. solid waste collection arrangements x. the sale of alcoholic beverages and identifying minors attending the event xi. clean-up after the event. (i) Any other information requested by the issuing officer that they may deem necessary in order to consider the permit request. Sec. 22-193. Insurance, Indemnification, Surety Bond. (1) If an event is to be held on city-owned property, the event sponsor shall furnish the issuing officer with a certificate of insurance comg_Iyinq with minimum standards sufficient to protect city-owned property (2) The event sp onsor for a mass gathering permit shall sign an agreement to indemnify and hold harmless the City, its officers, employees. ag ents, and representatives against all claims of liability Proposed Amendments to Colleyville Mass Gathering Regulations Page 4 of 5 and causes of action resulting from injury or damage to persons or property arising out of the mass gathering, (3) The event sponsor may be required to post a surety bond in the assurance that the City property is cleaned and returned to the condition prior to the event. The issuing officer shall determine if the need for a bond exists and shall make the appropriate recommendation to the City Council upon City Council consideration of the permit. Sec. 22-194. Same--Hearing. (1) Upon receipt of all information required under Section 22-192 and 193, the issuing officer shall set a date and time for a hearing before the City Council on the application for a permit under this article. The hearing shall occur no later than 30 days prior to the event in question. Sec. 22-195. City Council Approval Required. (1) After the hearing on the application for a permit under this article is completed, the City Council shall grant or deny the permit. No permit for a mass gathering event shall be issued by the d~-eff+E~al issuing officer unless the City Council has approved the mass gathering event application. Sec. 22-196. Cash deposit. As a condition precedent to the issuance of a permit under this article, the City Council may require the event sponsor to make a cash deposit with the city to provide an adequate fund for the compensation of such security personnel as may be required to ensure the physical safety of persons and property of persons in attendance, as well as the persons and property of the community directly affected by the mass gathering or event. Sec. 22-197. Contents. A permit, if issued, shall authorize the event sponsor to hold a mass gathering event at a specified place and at specified times. Sec. 22-198. Revocation. At any time, the ~e#fis+al issuing officer may, after reasonable notice to the, event sponsor, revoke the permit on a finding that the failure to carry out the preparations will result in a serious threat to the health or safety of the community or the persons attending the event. Proposed Amendments to Colleyville Mass Gathering Regulations Page 5 of 5 Proposed Amendments to Colleyville Alcoholic Beverage Regulations Proposed additions are underlined CHAPTER 6 -ALCOHOLIC BEVERAGES. ARTICLE I. IN GENERAL Sec. 6-1. Applicability of chapter. The storage, sale, possession or serving of any alcoholic beverages, when permitted by the laws of the state, shall be regulated and governed as provided herein. Sec. 6-2. Compliance with zoning and Land Development Code. (a) The storage, possession, sale or serving of alcoholic beverages by anyone for the consumption, either on or off the premises, shall be prohibited unless on land zoned specifically for that purpose with a special use permit in accordance with the Colleyville Land Development Code. (b) For any area of the city that was granted a special use permit for alcoholic beverage sales, for either on-premises or off-premises consumption, prior to October 1, 2001, the premises shall be deemed to satisfy the requirements as established by this Code regarding distance from schools, churches, and other types of premises for all new and subsequent renewals of a license or permit. Sec. 6-3. Restrictions on sales within prescribed distances of public and private 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 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 regulation 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 equities 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. Sec. 6-4. Hours of sale and consumption. The hours of sale and consumption shall be as required by the Texas Alcoholic Beverage Commission. Sec. 6-5. Alcoholic beverage sales for on-premises consumption must be incidental to hotel, motel, or restaurant. No person shall sell, store, dispense, or otherwise handle for the purpose of sale, or engage in the business of selling, storing, dispensing, or otherwise handling for sale, any alcoholic beverage in the city for on-premises consumption, except in a location where such activity is either incidental and secondary to use on the same premises for hotel or motel purposes, or where incidental and secondary to the sale of food for human consumption, which shall be construed to mean that at least 60 percent of the gross receipts of such business shall be from non- alcohol and food sales. Sec. 6-6. Temporary alcohol sales in coniunction with a mass aathering ep rmit. Provided all requirements of the Texas Alcoholic Beverage Commission are met. the City Council may permit the temporary sale of alcoholic beverages for on- premise consumption for a time period not to exceed the length of time approved the event granted under the mass gathering permit. A temporary alcohol sales permit may only be granted in coniunction with a mass gathering permit. The restrictions on alcohol sales within prescribed distances of public and private schools, churches and public hospitals as well as the compliance requirements with the zoning and Land Development Code provisions of this chapter shall not amply to a temporary alcohol sales permit permitted under this section. Proposed Amendments to Colleyville Alcoholic Beverage Regulations Page 2 of 2 ORDINANCE 0-09-1710 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 22, ARTICLE VI - MASS GATHERINGS AND CHAPTER 6, ARTICLE I - ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville desires to amend certain regulations pertaining to Mass Gatherings and Alcoholic Beverage Sales; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 22, Article VI -Mass Gathering Events in the Colleyville Code of Ordinances is hereby amended in its entirety to read as follows: CHAPTER 22 -BUSINESSES. ARTICLE VI. MASS GATHERING EVENTS Sec. 22-176. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Issuing officer the city manager or his/her designated representative. Mass gathering events means any outdoor meeting or gathering held inside the city limits or within the extraterritorial jurisdiction of the city in which more than 500 persons are present at any one time and who will remain at the location of the gathering for a period of more than eight continuous hours. This definition shall not apply to the following events: (1) public or private school gatherings such as sporting or educational events where the students are the primary participants; (2) City approved, league sponsored sporting events held within a city owned park. Ordinance 0-09-1710 Page 2 of 8 Event sponsor means any person, group of persons, firm, corporation, partnership, or association that organizes, promotes or solicits funds for the organization or promotion of a mass gathering event. Sec. 22-177. Conduct of event; minimum standards. The following minimum standards shall apply in the conduct of mass gathering events permitted under this article: (1) Water supply. a. The event sponsor shall provide access to a supply of potable water on the site where the event is taking place. (2) Toilet facilities. a. The event sponsor shall provide toilet facilities and shall arrange for collection and cleaning at intervals of sufficient frequency to prevent the creation of a health hazard or public nuisance. (3) Solid waste facilities. a. The event sponsor shall arrange for solid waste facilities with the waste collection company holding a franchise with the City of Colleyville. b. All solid waste shall be collected at such frequent intervals as may be necessary to maintain sanitary conditions at the site as determined by the building official. (4) Noise control. Amplifying equipment shall be designed to control the noise level at the perimeter of the site on which the gathering shall take place and be so operated that at no time more than 70 decibels is registered on the "A" scale at slow response of a standard sound level meter which meets the specifications of the American National Standards Institute. (5) Food sanitation. All food and beverages sold or furnished shall be in accordance with the standards of the Tarrant County Health Department. (6) Medical and nursing care. When required by the Colleyville Fire Chief, the event sponsor shall provide one or more emergency aid stations, which shall be staffed and include suitable temporary shelter, supplies and equipment, at no cost to the City. Ordinance 0-09-1710 Page 3 of 8 (7) Signage. Signage used in accordance with the event shall comply with the Sign Regulations of the City of Colleyville under the provisions for special event and promotional signage. Any signs not located on the actual premises where the event is being held shall only be approved upon the issuance of a sign permit from the building official. Signs advertising the event or directing potential customers to the event site are expressly prohibited from placement in the City rights-of-way. (8) Tents. A separate tent permit shall be obtained from the building official in order to erect a tent. Any special event which includes the use of a tent, canopy, or temporary structure shall meet the requirements in the Building Code and Fire Code. Fire lanes for emergency equipment must be provided and the site prepared in a manner so as not to be a fire hazard as determined by the fire marshal. (9) Alcohol. It is the responsibility of the applicant to obtain City approval for the possession and consumption of alcoholic beverages during a special event. For special events requiring a permit from the Texas Alcoholic Beverage Commission (TABC), a copy of the state permit shall be required prior to the issuance of a mass gathering permit. In accordance with the alcohol provisions in the Colleyville Code of Ordinances, the City Council shall have the authority to issue a temporary alcohol sales permit in conjunction with a mass gathering permit provided all City and State regulations are met. Prior to City Council consideration of the alcohol permit, the police chief shall, notwithstanding any requirements of TABC, determine the amount, if necessary, of police officers required while alcohol is being served. The cost of any required police officers as part of this permit shall be paid in full by the event sponsor prior to issuance of the temporary alcohol sales permit. (10) Fireworks/pyrotechnic displays. Any use of fireworks or pyrotechnic displays must show proof of application for a state permit and prior to issuance of a mass gathering permit. A permit from the fire marshal shall be obtained prior to the use of fireworks or pyrotechnics. (11) City sponsorship. Should the event be officially sponsored or co- sponsored by the City, then certain standards of this chapter may be waived as determined by the issuing officer. Ordinance 0-09-1710 Page 4 of 8 (12) Final site cleanup. At the conclusion of the mass gathering, the site shall be inspected by the building official for health and sanitation considerations. The event sponsor shall be responsible for the final site cleanup. The landowner, upon notification by the City of the existence of any unsanitary conditions shall immediately cause such conditions to be corrected. Secs.22-178--22-190. Reserved. Sec. 22-191. Required. No person may act as an event sponsor of a mass gathering event unless a permit has been issued by the City Council under the provisions of this article. Sec. 22-192. Application--Filing; contents. (1) An event sponsor desiring to hold a mass gathering event shall file a permit application with the issuing officer at least 60 days prior to the first day of the mass gathering event. (2) The application for a permit under this article must include: (a) The name and address of the event sponsor. (b) A description of the mass gathering site. (c) The name and address of the owner of the place where the mass gathering event is to be held and a letter signed by the property owner giving permission to the use the property for the mass gathering event. (d) The dates and times of the mass gathering event. (e) The maximum number of persons that the event sponsor will allow to attend the mass gathering event and a statement showing how the event sponsor plans to control the number of persons in attendance at the mass gathering event. (f) A description of the nature of the event. (g) A filing fee of $250.00 must be submitted with the application for a permit. (h) The event sponsor shall attach a letter to the application which addresses the following: Ordinance 0-09-1710 Page5of8 i. initial set-up times ii. controlling the number of persons in attendance at the mass gathering event. iii. parking traffic control iv. street closures v. compliance with health requirements regarding food and beverage services, including the provision for potable water vi. plans for emergency services, equipment and personnel vii. plans for event security viii. restroom facilities ix. solid waste collection arrangements x. the sale of alcoholic beverages and identifying minors attending the event xi. clean-up after the event. (i) Any other information requested by the issuing officer that they may deem necessary in order to consider the permit request. Sec. 22-193. Insurance, Indemnification, Surety Bond. (1) If an event is to be held on city-owned property, the event sponsor shall furnish the issuing officer with a certificate of insurance complying with minimum standards sufficient to protect city-owned property. (2) The event sponsor for a mass gathering permit shall sign an agreement to indemnify and hold harmless the City, its officers, employees, agents, and representatives against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of the mass gathering. (3) The event sponsor may be required to post a surety bond in the assurance that the City property is cleaned and returned to the condition prior to the event. The issuing officer shall determine if the need for a bond exists and shall make the appropriate recommendation to the City Council upon City Council consideration of the permit. Ordinance 0-09-1710 Page 6 of 8 Sec. 22-194. Same--Hearing. (1) Upon receipt of all information required under Section 22-192 and 193, the issuing officer shall set a date and time for a hearing before the City Council on the application for a permit under this article. The hearing shall occur no later than 30 days prior to the event in question. Sec. 22-195. City Council Approval Required. (1) After the hearing on the application for a permit under this article is completed, the City Council shall grant or deny the permit. No permit for a mass gathering event shall be issued by the issuing officer unless the City Council has approved the mass gathering event application. Sec. 22-196. Cash deposit. As a condition precedent to the issuance of a permit under this article, the City Council may require the event sponsor to make a cash deposit with the city to provide an adequate fund for the compensation of such security personnel as may be required to ensure the physical safety of persons and property of persons in attendance, as well as the persons and property of the community directly affected by the mass gathering or event. Sec. 22-197. Contents. A permit, if issued, shall authorize the event sponsor to hold a mass gathering event at a specified place and at specified times. Sec. 22-198. Revocation. At any time, the issuing officer may, after reasonable notice to the, event sponsor, revoke the permit on a finding that the failure to carry out the preparations will result in a serious threat to the health or safety of the community or the persons attending the event. Sec. 2. THAT Chapter 6, Article I -Alcoholic Beverages in the Colleyville Code of Ordinances is hereby amended by adding a new section, which reads as follows: Sec. 6-6. Temporary alcohol sales in conjunction with a mass gathering permit. Provided all requirements of the Texas Alcoholic Beverage Commission are met, the City Council may permit the temporary sale of alcoholic beverages for on-premise consumption for a time period not to exceed the Ordinance 0-09-1710 Page 7 of 8 length of time approved for the event granted under the mass gathering permit. A temporary alcohol sales permit may only be granted in conjunction with a mass gathering permit. The restrictions on alcohol sales within prescribed distances of public and private schools, churches and public hospitals as well as the compliance requirements with the zoning and Land Development Code provisions of this chapter shall not apply to a temporary alcohol sales permit permitted under this section. Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT the regulations contained in the Code of Ordinances of the City of Colleyville shall remain in effect, except where amended by this ordinance. Sec. 5. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. Ordinance 0-09-1710 Page 8 of 8 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney ;~z <" _4=- City Hall City of Colleyville 100 Main Street ' ~ Colleyville, Texas 76034 ~~~~~~~" Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3062 File Number: R-09-3062 Version: 1 File Type: Resolution Agenda Date: 02/03/2009 Status: Resolution Controlling Body: City Council Requester: Office of the City Agenda No.: 7a Final Action: Secretary File Name: Consideration of appointment to the Park Land Dedication Committee Attachments: Park Land Dedication Committee roster.pdf Resolution R-09-3062.pdf History of Legislative File Version: Date: Acting Body: Action Text: 02/03/2009 City Council Title Consideration of appointment to the Park Land Dedication Committee Explanation Reading and Public Hearing The Park Land Dedication Committee is comprised of two members of the Planning and Zoning Commission and two members of the Parks and Recreation Advisory Board. Ordinance 0-91-823, which established the Park Land Dedication Committee, provides that the City Council shall appoint the members of the Park Land Dedication Committee and the terms of the members of the Park Land Dedication Committee shall coincide with their respective terms on the Planning and Zoning Commission or the Park Board. Mr. Vince Rosen's terms, on the Parks and Recreation Advisory Board and Park Land Dedication Committee, expired December 2008. On January 5, 2009, the Parks and Recreation Advisory Board recommended the reappointment of Mr. Rosen to the Park Land Dedication Committee with a term expiring December 2010. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 1/29/2009 Park Land Dedication Committee Planning and Zoning Representative Planning and Zoning Representative Michael Clardy 303 West Covington Way Colleyville, Texas 76034 W: 817.978.6164 H: 817.656.9848 mike clardvCrD_sbcglobal.net TERM: October 2008 -September 2009 Parks and Recreation Representative Brian Estridge 7209 Windswept Trail Colleyville, Texas 76034 W: 817.966.2073 H: 817.788.0898 b.estridgeCmtcu.edu TERM: October 2008 -December 2009 David Dudziak 2301 Wilkes Court Colleyville, TX 76034 W; 817.429.8008 x224 H: 817.421.8789 F: 817.446.4686 wilkesct2t~tx. rr.com TERM: October 2008 -September 2009 ___ Revised l0-12-1008 RESOLUTION R-09-3062 A RESOLUTION APPOINTING A MEMBER TO THE PARK LAND DEDICATION COMMITTEE WHEREAS, the Park Land Dedication Committee is comprised of two members of the Parks and Recreation Advisory Board and two members of the Planning and Zoning Commission; and WHEREAS, the Park Land Dedication Committee member terms coincide with the member's terms on the Parks and Recreation Advisory Board and the Planning and Zoning Commission; and WHEREAS, the Parks and Recreation Advisory Board recommends the appointment of Vince Rosen to the Park Land Dedication Committee. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby appoints Vince Rosen to the Park Land Dedication Committee to serve a term expiring December 2010. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~`~~_ ~~{ City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3063 File Number: R-09-3063 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 02/03/2009 Agenda No.: 7b Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of appointment of an ex-officio member to the Colleyville Library Board Attachments: Ret Stansberger letter dated January 12, 2009 .pdf Resolution R-09-3063.doc History of Legislative File Version: Date: Acting Body: Action Text: 1 02/03/2009 City Council Title Consideration of appointment of an ex-officio member to the Colleyville Library Board Explanation Reading and Public Hearing On January 12, 2009, Ms. Ret Stansberger notifed the City of her resignation as President of the Colleyville Area Chamber of Commerce and advised the new President is Ms. Mary Smith. Ms. Stansberger, representing the Chamber of Commerce, served as an ex-officio member on the Colleyville Library Board. Ordinance 0-04-1466 provides for City Council, if it deems it desirable, to appoint ex-officio members to the Colleyville Library Board on an annual basis and for aone-year term. Vacancies on the Board are to be filled by appointment by the City Council for the length of the unexpired term, which is September 2009. Financial Impact It has been determined that there is no financial impact. Recommendation Approval Cify of Colleyville Page 1 Printed on 1/29/2009 Yage 1 aI l Cynthia Singleton From: Ret Stansberger Sent: Monday, January 12, 2009 5:34 PM To: Cynthia Singleton Subject: FW: Colleyville Library Board Cynthia, Please know and let everyone know how much I appreciate all the hard work the Colleyville Library Board has done and continues to do. As of December 31 st I have retired as President of the Colleyville Area Chamber of Commerce. Because this position is for a representative from the Chamber, I am resigning from the Advisory Board for the Library. I will continue to be involved and look forward to bringing my grandchildren often to share in the programs and the reading materials the Library has to offer. The new President is Mary Smith and you can reach her at msmith colleyvillechamber.or4 or 817-488-7148. Thank you and please let me know whenever I can be of assistance. Ret Stansberger sr RESOLUTION R-09-3063 A RESOLUTION APPOINTING AN EX-OFFICIO MEMBER TO THE COLLEYVILLE LIBRARY BOARD WHEREAS, a Colleyville Library Board ex-officio position has become vacant; and WHEREAS, Ordinance 0-01-1282 provides for City Council, if it deems it desirable, to appoint an ex-officio member to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following person is hereby appointed to fill the unexpired term of a Colleyville Library Board ex-officio member and serve until September 2009. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~- Agenda Briefing 817.503.1000 vwvw.colleyville.com File Number: R-09-3064 File Number: R-09-3064 File Type: Resolution Status: Resolution Version: 1 Agenda Date: 02/03/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 7c Final Action: Secretary File Name: Calling a General Election for May 9, 2009, for the purpose of electing Councilmembers to Place 5 and Place 6 Attachments: Resolution R-09-3064.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 02/03/2009 City Council Title Calling a General Election for May 9, 2009, for the purpose of electing Councilmembers to Place 5 and Place 6 Explanation Reading and Public Hearing This item provides for calling a General Election for May 9, 2009, for the purpose of electing Councilmembers to Place 5 and Place 6. The resolution provides for dates, times and locations of voting on election day and during early voting and information for candidates regarding filing dates and times. Financial Impact It has been determined that funding is available in the Office of the City Secretary's budget, line item 001-14-6215. Recommendation Approval City of Colleyville Page 1 Printed on 1/29/2009 RESOLUTION R-09-3064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, CALLING A GENERAL ELECTION FOR MAY 9, 2009, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO PLACE 5 AND PLACE 6 WHEREAS, the City of Colleyville, Texas, desires to conduct a General Election as set forth by Section 41.001, Texas Election Code, to be held on May 9, 2009, at which time the voters will elect City Councilmembers to Place 5 and Place 6, including the conduct of early voting; and WHEREAS, all statutory and constitutional requirements for the passage of this Resolution have been adhered to, including but not limited to, the Texas Open Meetings Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT a General Election is hereby called to elect City Councilmembers to Place 5 and Place 6, to serve until their successors are duly elected and qualified. Such election shall be held at Bransford Elementary, 601 Glade Road, Colleyville, Texas, on the 9th day of May 2009, from 7:00 a.m. to 7:00 p.m. Sec. 3. THAT if a Run-Off Election is necessary, it shall be held in compliance with the Texas Election Code and requirements of the Charter of the City of Colleyville. Sec. 4. THAT qualified persons for City Council Offices may file as candidates by filing applications in the Office of the City Secretary, 100 Main Street, Colleyville, Texas, February 9 through March 9, 2009, Monday through Friday, from 8:00 a.m. to 5:00 p.m. (State statute designates Saturday, February 7, 2009, as the first day to file but the Office of the City Secretary is not required to be open Saturday or Sunday for filing activity). Sec. 5. THAT Steve Raborn, Tarrant County Elections Administrator, 2700 Premier Street, Fort Worth, Texas 76111, is hereby appointed as Early Voting Clerk and Cynthia Singleton, City Secretary, 100 Main Street, Colleyville, Texas, shall serve as Deputy Early Voting Clerk. Applications for ballot by mail must be received by mail no later than the close of business on Friday, May 1, 2009 (Mailing address: P.O. Box 961011, Fort Worth, Texas, 76161-0011; Attention: Steve Raborn, Early Voting Clerk). Resolution R-09-3064 Page 2 of 2 Sec. 6. THAT Early Voting shall be conducted at Tarrant County's Main Early Voting location: Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 76111; Colleyville City Hall, 100 Main Street, Training Room, second floor, and branch offices for early voting by personal appearance shall also be established as outlined in the Election Agreement with Tarrant County Elections Administration. Sec. 7. THAT early voting shall begin on April 27, 2009, and shall end May 5, 2009, and the dates and times shall be as set forth below: April 27-30 Monday-Thursday 8:00 a.m. - 5:00 p.m. May 1 Friday 8:00 a.m. - 5:00 p.m. May 2 Saturday 7:00 a.m. - 7:00 p.m. (extended hours) May 3 Sunday 11:00 a.m. - 4:00 p.m. (extended hours) May 4-5 Monday -Tuesday 7:00 a.m. - 7:00 p.m. (extended hours) Sec. 8. THAT Tarrant County's voting equipment shall be employed for the regular municipal election, including early voting, herein ordered in compliance with the provisions of Chapter 121 of the Texas Election Code, as amended. Sec. 9. THAT Tarrant County Elections Administration will assume the responsibility for the Election Officers and the Early Voting Ballot Board in accordance with the provisions of an Election Agreement for the conduct of the election on the aforesaid election date and the Mayor shall execute such Election Agreement on behalf of the City. Sec. 10. THAT the Election shall be conducted according to the election laws of the State of Texas and requirements of the Charter of the City of Colleyville. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ABSTENTIONS, THIS THE AYES, NAYS AND DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Date: ~3/~~j SPEAKER CARD I will speak In Support of this item. ~ I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: Ordinance/Resolution Number:l~ Uy" Name: lT'~ (~1 Vfil ~rS./-~Gn ~/~ Address: ~ ~O ~ ~Gf ~Gvel/~ ~/,~~1~ !/~ City:~~~~T~~(~ State: ~~ Zip Code: ~ Telephone Number: - - Representing: /~ (organization/self) I understand 1 am limited to speaking for five minutes. For business no fisted on the agenda as a Public Hearing, City Council will not respond in accordance with th exas Ope ee ings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. yi2:1!/ (!~ r .:.~ City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-09-3065 File Number: R-09-3065 Version: 1 Requester: Office of the City Manager File Type: Resolution Agenda Date: 02/03/2009 Agenda No.: 7d Status: Resolution Controlling Body: City Council Final Action: File Name: Approval of a resolution supporting the Regional Transportation Council's (RTC) Legislative Program addressing transportation improvements for the 81st Texas Legislature Attachments: Regional Transportation Council Letter Dated December 11, 2008.pdf Resolution R-09-3065.pdf History of Legislative File Version: Date: Acting Body: Action Text: 02/03/2009 City Council Title Approval of a resolution supporting the Regional Transportation Council's (RTC) Legislative Program addressing transportation improvements for the 81st Texas Legislature Explanation Reading and Public Hearing The RTC has recently approved a resolution which identifies their 81st Texas Legislative program. Specifically, the RTC supports legislation that will actively pursue support of the Rail North Texas initiative, expedite backlogged roadway projects and capitalize the Rail Relocation Improvement Fund. The Rail North Texas initiative supports regional efforts to address the mobility and air quality needs of the citizens of North Texas. Officials, business leaders and transportation professionals in North Texas have studied various revenue options to fund the increasing transportation mobility needs, including rail service. These options include voter approved fees such as: vehicle registration fee, motor fuels excise tax, driver's license fee and a mileage fee. Expediting backlogged roadway projects includes supporting legislation that would protect existing roadway maintenance and capacity improvements, discontinue the diversion of transportation resources, increase and index transportation taxes, provide funding for the Proposition 12 General Obligation bonds and reallocate highway user fee revenues from the General Revenue Fund to the Texas Mobility Fund. City of Colleyville Page 1 Printed on 1/29/2009 Agenda Briefing Continued (R-09-3065) Legislation to capitalize the Rail Relocation Improvement Fund includes providing funding to relocate freight rail lines outside of major metropolitan areas to expedite the movement of goods, improve safety and enhance air quality. The RTC is requesting local municipalities legislative program initiatives to address North transportation needs and goals of our area. pass a resolution in support of the RTC Texas mobility and air quality challenges and Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 1/29/2009 -_- Regional Transportation Gouncii rv The Transpor#eton Policy Bally for the North Gentrai Texan Catmcil of Governments ~ _~ (Metropolitan Planning Clrgartizafan for the i7alias-f=ort Worth Region) : r DATE: December 11, 2C}~8 TC7: County Judges and Mayors; Collin, l~ailas, Denton, Ellis, Johnson, t~aufman, t'arker, Rockwall, and Tarrant Counties FROM; LI'nda Kaap, Chair, Regional Transpartati0n Council Councilmember, City of Dallas SUBJECT: Request fc~r Support of the Regional Transpc~r#tion Council Legislative program f©r the 81~' Texas Legislature lncludir~c~ Rail North Texas The t31~ Texas Legislative Session begins on January 13, 2aC}g. This legislative session will provide the opportunity to focus an transportation issues. ft is critical the Dallas- Fort Vllorth region unite behind a common position. Following several months of discussion and cansultatian with partner entities, the Regional Transpofta#ion Council (RTC) passed a legislative program captaining three high-priority positions, as well as additional positions to support and monitor. In addition, the RTC developed a specific legislative proposal on Rail North Texas in a separate resolution. Cn behalf of the RTC, am requesting. year entity pass a resolution of sgpport for the attached legislative position and Rail. North Texas proposal, and I .ask that you make transportation your tap legislative priority for the upcoming .session. . The highest legislative priority for the RTC is approval of Rail North Texas. This effort has been chaired by RTC member .Tungus Jordan, Cauncilmember far the city of Fort Worth. Through this initiative.. we are seeking the authority to create a transportation funding. area made up of existing entities that will select projects with city and county coordination; we are also seeking to call an election: to levee fees ar taxes from a menu of authorized options. These fees and taxes will be unique to each county allowing the local elected officials to select the best revenue options for their communities. CJnce revenue is generated, it wilt be placed in an account dedicatecT to each county and .distributed to transportation partners such as Dallas Area Rapid Transit, Benton County Transportation Authority, and The Fort Werth Transportation Authority to construct and operate transportation projects. The revenue raised wilt be primarily focused on building 251 miles of additional rail far a seamless passenger rail system, but ether transportation improvements may be selected to level the playing field for current transit authorit~r member cities. For snare infarmatian on Rail North Texas, please review the enclosed packet and visit www.nctcag,arg/mt. Page 2 December 1 ~, 2gt3$ A second priority is to expedite baddogg:ed roadway projects statewide by increasing funding far transportation through several strategies. First, the- Legislature should end diversions of transportation funding tc~ non-~transporiatian purposes and ensure #l~at alf transports#ion fees and taxes are placed into tl~e State Highway Fund gar thy: Texas Mobili#y Fund. A constitutional amendment to prated all State highway funds for transportation purposes would provide the certainty that these funds would be available into the future. t?nce transportation funding is protected, the RTC is calling for the State orator fuels tax to be increased and indexed to inflation. Finally, in 2{~0~' voters approved $5 billion in general abligs#ion bands dedicated to transportation; the Legislature should appropriate general revenue to support issuance of these bonds. The third priority position is to capitalize the Rail Relcx~atian l'mpravement Fund {BRIE)... This fund was approved by voters in 21305, but the Leg'ssla#ure has yet #o provide -this funding., The BRIE would provide funding. to relocate freight rail lines ou#side cif major metropolitan areas to expedite the movement of goods, improve safety, and enhance air quality. The RRIF is critical to solving the Tower 55 concerns in Fart Worth at the in#ersectian of the l~nion Pacific and l3hISF tall lines dust south of dav~mtawn. Improving the transportation system will benefit every community in the Dallas-Fart Vllorth region. gy supporting Rail North Texas, increasing. funding, end addressing goods movement, our region can improve the transportation system and be prepared for the projected 9 million residents that will live in this region in 21330. !n order to be effective in getting these positions passed, the entire region needs to show unity for the RTC's legislative position. We request that your entity pass a resolution in support of the RTC Legislative Program for the 81 ~ Texas Legislature. please send a copy of your resolution to Amanda Wilson, A.I.C.P, Transportation Planner, NCT~DG, fi16 Six Flags arias, Arlington, Texas, 76n11. We look forward #a a successful legislative session and appreciate the support of your community far advancing transportation policies tha# will improve dur region. Please feel free to contact rrte or Michael Morris, P.E., Director of Transports#ion far the North Central Texas Council of Gavernnzents, at (817) i~9b-9241 if you. have any ciuestions regarding the RTC Legislative Program. Linda Coop V Chair, Regional Transportation Council Cauncilmerr~ber, City o€ ballas cc: Courtly Administrators City Managers Transportation Authority Executive Directors Chamber of Commerce Presidents Transportation Partner 4rganizatian Executive directors Enclosures Atta~hrertt t ~c~~- ®1°' X14 !~ ~~1 l isla~v~ rte r L+~~lislaton to ~~~ave~y Pursue Support ties Rail North Texas initiative to provide options to fund regional rail, Authorize metropolitan reg'sons to enact a local option transportation tax with voter approval far rail and roadways. Advancing passenger rail continues to be the primary faces of the legislative program. 5aapport initiatives to e~cpedite backlogged roadway projects. ~` Constitutionally protect all revenues in Fund 406 for roadway mairtenance and capacity improvements; '~ Discontinue the diversion of transportation resources; Increase and index transportation taxes,. such as the motor fuels tax; Provide funding for the Proposition 12 General Obligation bonds, and, '` Reallocate highway user fee revenues from the Genera( Revenue l=and to the Texas Mobility Fund. Capitalize the Rail Relocation Improvement Fund. Revenues far goads movement are critical to enhance rail freight mobility. _ ., North Central Texas Council at Governrxrents ~ iZegior~ai Transportation Council ~`~ RESOLUTION R-09-3065 A RESOLUTION SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS WHEREAS, the City of Colleyville supports regional efforts to address the mobility and air quality needs of the citizens of North Texas; and WHEREAS, implementing the passenger rail service component of the Metropolitan Mobility Plan of the Regional Transportation Council is essential in addressing the mobility and air quality needs of the citizens of North Texas; and WHEREAS, local elected officials, business leaders and transportation professionals in North Texas have studied revenue options to fund transportation and regional rail expansion; and WHEREAS, seeking legislative authority for local option transportation fees to fund transportation, including regional rail expansion, appears to be the best solution to address North Texas mobility and air quality challenges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the 81st Texas Legislature be and is hereby urged to authorize metro area counties to levy, subject to voter approval, a vehicle registration fee, motor fuels excise tax, mileage fee, driver's license fee and roadway impact fee to fund their mobility needs including rail service. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 °"'" Agenda Briefing 817.503.1000 vvvvw.col leyvi lle.com File Number: R-09-3066 File Number: R-09-3066 File Type: Resolution Status: Resolution Version: 1 Agenda Date: 02/03/2009 Controlling Body: City Council Requester: Finance Department Agenda No.: 7e Final Action: File Name: Approval of a resolution accepting the annual audit for Fiscal Year Ended September 30, 2008 Attachments: Independent Auditors' Report.pdf Resolution R-09-3066.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 02/03/2009 City Council Title Approval of a resolution accepting the annual audit for Fiscal Year Ended September 30, 2008 Explanation Reading and Public Hearing On Tuesday, January 20, 2009, the Audit Committee met with John Manning, the audit engagement partner with the City's audit firm, Pattillo, Brown and. Hill, L.L.P., to discussed the results of the annual audit for Fiscal Year ended September 30, 2008 and the audit management letter. The City received an unqualified audit opinion (Independent Auditor's Report), which is the most favorable audit opinion an entity can receive. John Manning, will be present to give a brief presentation regarding the annual audit. The Comprehensive Annual Financial Report is not attached due to size and volume however, a copy is available for review in the Finance Department. Financial It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 1/29/2009 ~~-l~ii PATTILLO, BROWN & HILL, L.L.P. CERTIFIED PUBLIC ACCOUNTANTS ^ BUSINESS CONSULTANTS INDEPENDENT AUDITORS' REPORT To the Honorable Mayor and Members of the City Council City of Colleyville, Texas We have audited the accompanying financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component unit, each major fund, and the aggregate remaining fund information of City of Colleyville, Texas, as of and for the year ended September 30, 2008, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City's management. Our responsibility is to express opinions on these basic financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the fmancial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis fox our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the fmancial position of the governmental activities, the business-type activities, the aggregate discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Colleyville, Texas, as of September 30, 2008, and the respective changes in financial position and, where applicable, cash flows and the respective budgetary comparison for the General Fund, thereof for the year then ended in conformity with accounting principles generally accepted in the United States of America. 13 401 WEST HIGHWAY 6 ~ P. O. BOX 20725 ~ WACO, TX 76702-0725 ~ (254} 772-4901 ~ FAX: (254) 772-4920 ~ www.pbhcpa.com AFFILIATE OFFICES: BROWNSVILLE, TX (956} 544-7778 ~ HILLSBORO, TX (254) 582-2583 TEMPLE, TX (254) 791-3460 ~ WHITNEY, TX (254) 694-460011 ALBUQUERQUE, NM (505) 266-5904 The management's discussion and analysis on pages 17 through 25 is not a required part of the basic financial statements but is supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City of Colleyville, Texas' basic financial statements. The introductory section, combining and individual fund financial statements and schedules, and statistical tables are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements and schedules have been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, are fairly stated in all material respects in relation to the basic financial statements taken as a whole. The introductory section and statistical section have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on them. January 20, 2009 14 RESOLUTION R-09-3066 A RESOLUTION ACCEPTING THE ANNUAL AUDIT FOR FISCAL YEAR ENDED SEPTEMBER 30, 2008 WHEREAS, Section 9.06 C of the Charter of the City of Colleyville, Texas requires an independent audit at the close of each fiscal year by a certified public accountant; and WHEREAS, the firm of Pattillo, Brown, and Hill, L.L.P., Certified Public Accountants has completed their audit of all City accounts and presented the audit to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec.1. THAT the annual audit for Fiscal Year ended September 30, 2008, is accepted. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor _''~~'`~ City Hall ~ City of Colleyville 100 Main Street ~~~ Colleyville, Texas 76034 ~'~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3067 File Number: R-09-3067 Version: 1 Requester: Office of the City Manager File Type: Resolution Agenda Date: 02/03/2009 Agenda No.: 7f Status: Resolution Controlling Body: City Council Final Action: File Name: Supporting Cities Aggregation Power Project, Inc. (CAPP) in endorsing legislative changes to the competitive electric market during the 81st Texas Legislative Session Attachments: Resolution R-09-3067 History of Legislative File Version: Date: Acting Body: Action Text: 02/03/2009 City Council Title Supporting Cities Aggregation Power Project, Inc. (CAPP) in endorsing legislative changes to the competitive electric market during the 81st Texas Legislative Session Explanation Reading and Public Hearing The City of Colleyville is a member of Cities Aggregation Power Project, Inc. (CAPP). The CAPP Board of Directors has voted to authorize certain legislative efforts on behalf of its members during the 81st Texas Legislative Session. With City approval, CAPP will capitalize on the presence the members established in the last three legislative sessions to apprise legislators of CAPP cities' perspective on electric issues and to recommend legislative action. In 1999, Texas lawmakers adopted Senate Bill 7 (SB 7), the state's electric deregulation law. The legislation expanded competition in the wholesale electricity market and opened the door to competition among electric retailers. Proponents of the legislation promised lower electric prices. The reality however, has been otherwise. Although Texans paid electric prices well below the national average during the decade before SB 7 was passed, customers in deregulated parts of the state now pay prices above the national average. In fact, residential electric prices have increased by a greater percentage in Texas than in almost every other state -including every other deregulated state with retail competition. CAPP believes many of the current problems that keep the market from achieving the promise of full competition stem from defects in the deregulated electricity market. Specifically, some generators (electricity producers) are able to exercise monopoly-like control in large swaths of Texas, hindering healthy competition. Efforts to address market design issues by the Electric Reliability Council of Texas (ERGOT), have been misguided, City of Colleyville Page 1 Printed on 1/29/2009 Agenda Briefn_g Continued (R-09-3067) mismanaged, gone over budget and fallen behind schedule. As an active market participant, CAPP is in the unique position to identify the problems which have developed in the deregulated marketplace and provide a consumer's perspective to legislators. Therefore, CAPP has created a legislative agenda aimed at transitioning the electric market from a deregulated market to a truly competitive one by limiting market power, eliminating cost shifting, and creating competitive options for all customers. The CAPP legislative agenda items reflect CAPP's desire for a truly healthy electric market where consumers can save and competition can flourish. Such amarket - one where power remains affordable and reliable -will mean more economic development for Texas cities and a better standard of living for citizens. Legislative change is necessary to better protect cities' budgets, enhance cities' ability to protect their citizens and increase competition among retail providers. Passage of the proposed resolution will support CAPP in proposing the following changes: • All generators, regardless of size, should explicitly be barred from the unlawful exercise of market power. Current regulations exempt smaller generators from market power prohibitions. • Entities harmed by wholesale market abuse such as municipalities, commercial customers or retail electric providers should be given explicit standing to participate in enforcement actions brought by the Public Utility Commission (PUC). Affected parties are currently barred from participating in such proceedings. • Ownership and control of generation capacity should be limited to no more than twenty percent (20%) of total generation capacity within the functional market (ERGOT zone) in order to enhance competition and mitigate market power and the ability of any one generator to affect prices. In the alternative, the PUC should be directed to create a single ERGOT-wide market with uniform congestion pricing. • Permit cities to create and implement opt-out citizen aggregation programs or alternatively, to become retail electric providers or municipally owned utilities. • Direct ERGOT, the organization that administers the state power grid, to abandon all efforts to transition to a nodal market and direct the PUC to open a proceeding to consider other market design options. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 1/29/2009 RESOLUTION R-09-3067 A RESOLUTION SUPPORTING CITIES AGGREGATION POWER PROJECT INC. (CAPP) ENDORSING LEGISLATIVE CHANGES TO ENHANCE THE COMPETITIVE ELECTRIC MARKET WHEREAS, the City Colleyville is a member of Cities Aggregation Power Project, Inc. ("CAPP"), anon-profit organization created by cities throughout Texas to secure affordable energy for its members in the deregulated electric market; and WHEREAS, by deregulating the retail electric market, Senate Bill 7 of 1999 (SB 7) intended to allow competitive forces to drive down the price of electricity; and WHEREAS, the Texas electric retail market has failed to develop into a truly competitive market as envisioned by the Texas Legislature and prices are higher, not lower, after deregulation; and WHEREAS, CAPP experience indicates there are a number of factors which must be addressed by the 81St Texas Legislature, to include but not limited to: barring the unlawful exercise of market power, limiting generation capacity within the market, allowing entities harmed by wholesale market abuse to participate in Public Utility Commission enforcement actions, creation of citizen aggregation groups and abandoning all efforts to transition to a nodal market by the Electric Reliability Council of Texas (ERGOT). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1 THAT the City supports the introduction and adoption of legislation in the 81st Session of the Texas State Legislature that promotes affordable power and the transition of the Texas electric market from a deregulated market to a fully competitive one. Sec. 2 THAT the City endorses efforts proposed by CAPP to modify the electric deregulation legislation to enhance competition, implement the original intent of SB 7 and reduce costs to the City and its residents. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. Resolution R-09-3067 Page 2 of 2 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor 1. ``' ~ City of Colleyville 100 Mtain Street ~~ Colleyville, Texas 76034 ~.:.~~. Agenda Briefing 817.503.1000 www.col leyville.com File Number: R-09-3055 File Number: R-09-3055 File Type: Resolution Status: No Action Taken Version: 1 Agenda Date: 02/03/2009 Controlling Body: City Council Requester: Community Agenda No.: 8a Final Action: 01/20/2009 Development Department File Name: Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1 R-B, Block 1 of the K.R. Marsh Addition located at 2109 Oak Knoll Court, Case G-09-002 Attachments: Location and Zoning Map Applicant's Request Supplemental Sidewalk System Map Property Plat Exhibit Resolution R-09-3055 History of Legislative File Version: Date: Acting Body: Action Text: 1 01/06/2009 City Council 1 01/20/2009 City Council 1 02/03/2009 City Council Title Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1R-B, Block 1 of the K.R. Marsh Addition located at 2109 Oak Knoll Court, Case G-09-002 Explanation Update This item was tabled at the January 6, 2009 City Council meeting to allow time for staff to prepare proposed amendments to the Land Development Code regarding a sidewalk escrow policy. The proposed amendments will be considered by City Council during the February 3, 2009 City Council meeting. Reading and Public Hearing Jenson Gainer is requesting a waiver to the construction of a new sidewalk and the recommendation of escrow payment in lieu of construction requirement in the amount of $6,700.00 for sidewalks for the new home located at 2109 Oak Knoll Court. Mr. Gainer is requesting the waiver because there are no sidewalks currently constructed on Oak Knoll Drive. This property is located on the corner of Oak Knoll Court and Oak Knoll Drive. Summary. The new single family home to be constructed on the subject property triggered City of Colleyville Page 1 Printed on 1/30/2009 Agenda Briefing Continued (R-09-3055) the sidewalk requirement. The Land Development Code requires sidewalks to be built along all public streets whenever new structures are built on a property. However, according to the Supplemental Sidewalk System Map recently approved by the City Council, for lots located along the east side of Oak Knoll Drive, on which the subject property is located, payment into an escrow fund in lieu of construction for sidewalks is recommended. Staff is in the process of amending the Land Development Code in order to eliminate the automatic sidewalk construction requirement for all properties, and, instead, require that the sidewalk requirements for new construction adhere the Supplemental Sidewalk System Map recommendations. There are no existing sidewalks on Oak Knoll Drive nor are there any existing sidewalks within the surrounding Stafford Heights Addition. Approximately ninety percent of the homes within Stafford Heights Addition were constructed prior to 1990. In 2006, 1500 and 1508 Oak Knoll Drive were granted a full refund of the sidewalk escrow payment by the City Council. The City Council's options in this case are the following: There are no existing sidewalks on Oak Knoll Drive nor are there any existing sidewalks within the surrounding Stafford Heights Ac homes within Stafford Heights Addition were 1508 Oak Knoll Drive were granted a full refu Council. lition. Approximately ninety percent of the constructed prior to 1990. In 2006, 1500 and ~d of the sidewalk escrow payment by the City The City Council's options in this case are the following: (1) Approve the waiver -This action would waive the sidewalk construction requirements for this property, which are required by the Land Development Code. (2) Require the payment of escrow funds in lieu of construction -This would allow the applicant to pay into the sidewalk escrow fund the amount of $6,700.00. This would delay construction of the sidewalk until a future date. This option adheres to the Supplemental Sidewalk System Map recommendations. (3) Deny the waiver -The property owner would be required to construct the sidewalk immediately. Financial Impact It has been determined that if the waiver is approved as requested, the City would bear the cost of construction of the sidewalk should sidewalks be installed along the street in the future. Recommendation Staff recommends that the payment of escrow funds in lieu of construction be required as recommended by the Supplemental Sidewalk System Map. City of Colleyville Page 2 Printed on 1/29/2009 Location and Zoning Map Applicant's Request RECEiv~Q Jenson & Whitney Gainer , 2109 Oak Knoll Ct. Colleyville, TX 76034 Pet' ...........::~, To Whom It May Concern: We respectfully request that the requirement by the City of Colleyville for all new residences to install or escrow money for sidewalks on residential lots be waived in the case or our family residence at 2109 Oak Knoll Ct. (Lot 1R-B, K.R. Marsh Addition in Colleyville). Although there are currently not sidewalks required along Oak Knoll Ct., there is a required sidewalk or escrowed funds for our 33S approximate feet of frontage along Oak Knoll. The request is being made due to the following conditions: 1.) All of the immediate surrounding properties and all adjacent subdivisions do not have existing sidewalks. Most of the subdivisions and homes surrounding the property were platted in the 1960s-1970s and homes were built shortly thereafter. 2.) The closest subdivision Stafford Heights, 41 of 441ots have residences built on them without sidewalks as does every single home between our property and this subdivision. This would render building the infi-astructure for the sidewalk system to be extremely costly, lengthy, and difficult for the City of Colleyville. 3.) The subject property, all area properties, and surrounding subdivisions are not built with curb and gutter, but rather bar ditch drainage systems. The subject lot has bar ditches at both the North and West boundaries in excess of 24" deep. This also would cause the feasibility of sidewalk installation to be extremely difficult as either a buried drainage system or the incorporation of a retaining wall system would be required. 4.) The two most recent similaz cases, 1 S08 Oak Knoll and 1 S00 Oak Knoll, were refunded 100% of the escrowed funds by the city council. These properties were both located in platted subdivisions where properties are equally divided whereas the subject property is not. S.) A sidewalk system is not and never will be fitting with the "natural" country feel of the subject property or surrounding areas. After discussion with neighbors, it is not believed that a sidewalk system would be desired in the azea. We feel that due to the natural feel of the subject site and the surrounding azea, the extent to which the area is built out, and the lazge cost of installation to the entire area, the feasibility of a sidewalk system in the area is not likely; consequently, the requirement to install or escrow money for a sidewalk should be waived. Thanks for your time. Sincerely, Jenson Gainer Homeowner -City of Colleyville Supplemental Sidewalk System Map --- _. _ ( _ ^' 1 ~ ~ -m ,r _ . i ~ , a~ __ .. ~ - (~ (~ ~ -_~ y~ _~ --- AI _ ~ !_ ~ _ (~ _~ _.. _..r .. .__-~ --~ f `-- _ ~r.~ .~ .. ~ !_~_ _..~ ~ -- Legend - Required Sidewalks (Between 4' 8~ 6' in Width) Existing and Proposed Trails (Between 8' & 12' in Width) ~~ Cottonbelt Trail (10' Walk connect Grapevine and Hurst) - - -Private Walking Paths (May be any size) Sidewa~CS NOT Required Escrow Option for Sidewalk ~ Municipal Locations ('~ } Parks ~~;~;~ `, Schools `~~ ~~ Water Features _- ~---- City Limit ~~ Railroad T' ' ~ -_~ ~ ~ ';'~ '~ ` Property Plat Exhibit ~' ~ +/s' ra \_.. ~, \, ~~ ~.~ ~ tAT 1R-A BLOCK 1 4.3W9 AG t91,Jt2 RQ. FT. Yt•[ ~... r. L ~ •- 1W~~ ... -_-~' l1 p~~~p7~, O~JI.T.GT. ~~ I r ~ DEDICA~ Q0i~69T AC. (4221 J0~ - - -.,~~ / ~ Sys / I ! `~~ ~. ~q~ / rr ~ t'~ / / / t I ice' ~y~~ra •~` I 1 / ~ 1 ~~ 1 I ~ ~1 I / ~~~ ~ ~~ / / i I I n~v jj • ~~~ ~ ~ __ ~~ ,~ Subject f ~ -"`~ ;~c'"'' ~. \ \ \ \ \ ,~ - ~' D.R..C.T. / ' / ~~ RESOLUTION R-09-3055 A RESOLUTION APPROVING A REQUEST FOR A WAIVER FOR THE CONSTRUCTION OF AND ESCROW OF FUNDS IN LIEU OF CONSTRUCTION FOR SIDEWALKS ON BLOCK 1, LOT 1R-B, K.R. MARSH ADDITION LOCATED AT 2109 OAK KNOLL COURT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the sidewalk construction and escrow requirement for Block 1, Lot 1 R- B, K.R. Marsh Addition located at 2109 Oak Knoll Court is hereby waived. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor i'.i ~l'.,,!!1 <_.,~ ~~ (~ City of Colleyville 100 Main Street r Colleyville, Texas 76034 r,:;~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 02/03/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 10 Final Action: Secretary File Name: Reports -February 3, 2009 Attachments: Capital Improvements Advisory Committee Minutes -June 26, 2006 Parks and Recreation Advisory Board Minutes -November 3, 2008 Planning and Zoning Commission Minutes - January 12, 2009 History of Legislative File Version: Date: Acting Body: Action Text: 1 02/03/2009 City Council Title Capital Improvements Advisory Committee Minutes -June 26, 2006 Parks and Recreation Advisory Board Minutes -November 3, 2008 Planning and Zoning Commission Minutes -January 12, 2009 City of Colleyville Page 1 Printed on 1/29/2009 "'-'~ City of Colleyville Minutes -Final ~.,~.;: Capital Improvements Advisory Committee City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, June 26, 2006 7:00 PM City Council Chambers 1. CALL TO ORDER Committee Member Byerly called the meeting to order at 7:00 P.M. 2. ROLL CALL Present: Committee Members Robert McCormick, Dave Dudziak, Mary Taylor, John Blassingame, Denis Duffy, Jeff Byerly and Larry Cole Absent: Commissioner Thomas Bartkowski and Andrew Wayne 3. APPROVAL OF MINUTES Committee Member Dudziak moved to approve the June 12, 2006 meeting minutes as written. Committee Member Taylor seconded. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Taylor, Blassingame, Duffy, Cole, Byerly Absent: 2 -Bartkowski, Wayne 4. TABLED AGENDA ITEMS 4a. Approval of the Roadway, Water and Wastewater Land Use Assumptions, Capital Improvement Plans and Impact Fees, Case G-06-014 Committee Member Duffy made motion to remove case G-06-014 from the table. Committee Member Dudziak seconded. The motion carried by the following vote: Aye: 7 -McCormick, Dudziak, Taylor, Blassingame, Duffy, Cole, Byerly Absent: 2 -Bartkowski, Wayne Barry LeBaron presented the request and briefed the Committee members. City of Colleyville Page 1 Printed on 1/28/2009 Capital Improvements Advisory Minutes -Final June 26, 2006 Committee Committee Member Cole questioned staff if any new roads have been built with cash and then reimbursed from impact fees? Eddie Peacock, financial consultant for this project, replied the reason there is not a credit on the roadway impact fees, was that for the projects that were constructed that were impact fee e ligible, there was no financing from debt for those projects. Committee Member Cole questioned Mr. Peacock if all of the money came from roadway impact fee revenues? Mr. Peacock replied correct. Committee Member Cole stated for 15 years impact fees have been collected and not one debt bond issue has been floated to build any minor or major collectors in this town. The costs of building the roads are going up and if all of the money to build those roads comes from impact fees, at some point the city will have to get serious about doing a bond issue to help build some roads. Mr. Peacock explained that there was some debt that was issued in the Tax Incrementing Finance (TIF) bonds and there were some intersection improvements that were paid from that within that zone. There were some impact fee projects that were eligible and funded from debt, but a special kind of debt within the TIF zone. Committee Member Duffy questioned staff regarding which TIF is being discussed? Barry LeBaron replied Colleyville only has the one that primarily goes along SH26 and Mr. Peacock explained the intersection improvement at John McCain and SH26. Barry LeBaron replied it might have been a part of the Hall Johnson improvement. Mr. Peacock stated not having the list of projects with him, but that could be the right ones. Barry LeBaron explained the tables in the briefing to the Committee members. Committee Member Byerly questioned staff regarding what is the maximum percent? Barry LeBaron replied about 84% of the max. Committee Member Cole questioned if the roadway impact fee the last time, was collected at 100%? Barry LeBaron replied yes, actually it was at about 93%, but with a slight credit, it ended up being at 100%. Committee Member Dudziak questioned if the impact fee adjustments that the council made was for all impact fees or just roadway? Barry LeBaron replied just roadway on the retail. Committee Member Byerly questioned staff regarding what is the average house worth now in Colleyville compared to five years ago? Barry LeBaron replied about $455,000 on permit valuations which represents about 80% of the cost of a new home. He stated five years City of Colleyville pays 2 printed on 1/28/2009 Capital Improvements Advisory Minutes -Final June 26, 2006 Committee ago, about $370,000. Committee Member Cole stated the sewer was at 100% with the $140 figure. He questioned staff if the associates have come up with a projected debt or is that an existing debt on the assumptions for water debt issue? Mr. Nathan, with Kimley-Horn, replied the primary reason for the increase on the roadway side, was due to the state law increase, both dollars spent by the city and also travel on state highway facilities through the city. Previously, there was a calculation to take out that portion of travel, which is now eliminated. This being the primary reason for the increase on the roadway side. For all of the fees, as Colleyville is getting closer to build out, there is less demand in the ten year window for which those costs to be spread among less people. Committee Member Cole questioned Mr. Nathan if the water and sewer figures for debt are actual or projected? Mr. Nathan replied projected. Committee Member Cole stated Colleyville has the highest park fees of any city around, $1800 dollars per house which adds to the total that builders have to pay. Committee Member Duffy questioned staff regarding when we charge a $140 for hook up for sewer and we say recover, are we getting what it costs us to hook a person up, or are we getting just a percentage of it. Committee Member Byerly replied that is what is being set today, if we set the figure at 100%, then we would get the cost of the increase of demand on the system. Committee Member Duffy questioned if we set a figure plus an escalation as time moves on, an automatic escalation, will we be protecting ourselves? Barry LeBaron replied those are tap fees, cost of services for going out there and setting up the service, which is different from the impact fees. Impact fees are collected on top of the tap fee. Committee Member Cole replied the impact fee on sewer is so low because the city of Colleyville and cities to the south, got a lot of federal government money to put the main intereceptors on Big Bear Creek and Little Bear Creek. Therefore, Colleyville was way ahead of the curve before that, not having to make a major infrastructure, unlike water which continues to have to make investments Barry LeBaron stated having heard the comments, this being a very complex issue, we need to stay in line with the neighboring towns, they are having the same decision you are making tonight. The city could come back and change these percentages at a later date according to what the neighboring towns are doing. Colleyville is getting this study done before other towns. City of Colleyville Page 3 Printed on 1/28/2009 Capital Improvements Advisory Minutes -Final Committee June 26, 2006 Committee Member Taylor stated if we understand this is a ten year projection, this final rate, the 100%, and we know that other cities have not adopted. She stated wanting to see the Committee adopt a rate that is in line with what is going on with other cities, but know that we could come back next year and make changes after other cities have made their decision. Committee Member Blassingame suggested adopting a rate with a 5% annual increase in the clause of the ordinance? Barry LeBaron stated not knowing if an automatic escalation could be placed in the ordinance, he stated having to check with the financial advisor. He suggested to set the rate and then periodically come back and make adjustments as needed, to see if the figures are in line. Committee Member Duffy concurred with Committee Member Blassingame, we should take the lead in this and if we believe inflation this year is going to be 4.3 or 4.4%, we could take a reasonable starting position figure and add 5%. He stated being able to review the escalation clause, and if what we set is too much, then we can reduce it and if not enough, we can increase it. Committee Member Duffy concurred with Committee Member Cole as well and stated not wanting to over price ourselves out of the housing market. We could write this in the ordinance and recommend to city council and between now and the date for city council, we can find out if that is a proper type motion to make. He stated not agreeing with coming back and reviewing again next year. Committee Member Byerly questioned Mr. Nathan regarding what kind of inflation cost is figured in, if the costs of construction are going up or are these figures based on actual construction costs? Mr. Nathan replied everything is figured with today's dollars as far as construction costs. Committee Member Byerly questioned staff regarding as all of the impact fees are collected, does this include any interest the city collects on these funds or does that go into the general fund? Barry LeBaron replied these funds have to maintain their own intergrity and as we collect the funds, we maximize the returns on those by generating interest on those by investing. Committee Member Duffy stated every kind of contract signed today has some kind of escalation cost figured in. Committee Member Blassingame stated this whole process is arbitrary, and stated being comfortable by taking the 25% level, across the board and put a 5% annual increase in January every year. City of Colleyville pays q Printed on 1/28/2009 Capital Improvements Advisory Minutes -Final Committee June 26, 2006 Committee Member Duffy concurred. Committee Member Cole stated being able to support that motion if made. Committee Member Dudziak stated not being able to support any kind of automatic increase given no review process. He stated that is what this Committee is here for. He stated it would not be fair to the citizens or the builders. We need some recommendations, not an automatic increase. Committee Member Byerly stated wanting to get some ideas, the area builders are looking at the whole dollar amount, regardless of whether is be water, sewer or roadway. Committee Member Cole concurred with Committee Member Dudziak stating an incremental increase may not be the way to go, however, inflation does seem to be at around the 4% and suggested making a side motion for the Committee to review the rates each year. Committee Member Dufffy concurred and stated next year, the figures will not be any different than what we have presented tonight. Commissioner Blassingame moved to approve case G-06-014 with a 25% increase across the board over all impact fees with an automatice 5% annual inflation increase clause to be added to the ordinance. Commissioner Duffy seconded. The motion carried by the following vote: Aye: 6 -McCormick, Taylor, Blassingame, Duffy, Cole, Byerly Nay: 1 -Dudziak Absent: 2 - Bartkowski, Wayne 5. REPORTS AND COMMENTS 6. ADJOURNMENT The commission adjourned the meeting at 7:55 PM by acclamation. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on January 26, 2009. City of Colleyville Page 5 Prinfed on 1/28/2009 G~tY of ~ o --= Il~ Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, November 3, 2008 6:00 p.m, Steve Dalri called the meeting to order at 6:10 p.m. on Monday, November 3, 2008, at the Parks and Recreation Office. ROLL CALL: Steve Dalri, Deena Dendy, Vince Rosen, Pat Horn, Ken Llewellyn. ABSENT: Brian Estridge and Nancy Coplen, GCISD Liaison STAFF: Monica Walsh, Director of Parks and Recreation and Wanda Drexel, Administrative Secretary and Luke Del=ilippis, Recreation Supervisor Cali to Order 2. Approval of the October 6, 2008 Parks and Recreation Advisory Board Minutes Pat Horn moved to approve the October 6, 2008 Parks and Recreation Advisory Board minutes. Vince Rosen seconded the motion. The vote was unanimous. 3. Discussion and Consideration of Naming Future Parks David Bell, Troop 28 Chaplain, made a presentation to the Colleyville Parks and Recrea#ion Advisory Board with a proposal to name a trail in the Colleyville Nature Center after Mike Rambo who passed away last year. He proposed to name the trail the "Mike Rambo Memorial Trail". Consent Resolution R-04-2470 establishes a policy for naming and renaming park lands and facilities. The policy states that the Chairman of the Colleyville Parks and Recreation Advisory Board shall name a committee that will be responsible for recommending a name for all park lands and facilities to the Parks and Recreation Advisory Board. Parks and Recreation Advisory Board Chairman Steve Dalri appointed the Parks and Recreation Advisory Board to serve as the committee. Pat Horn made a motion to name the trail within the Colleyville Nature Center the "Mike Rambo Memoria( Nature Trail". Vince Rosen seconded the motion. The vote was unanimous. Park and Recreation Advisory Board November 3, 2008 Page2of2 4. Recreation, Athletics, Tennis and Seniors' Reports Luke DeFilippis, Recreation Supervisor, informed the Parks and Recreation Advisory Board that he is leaving the City and Sissy White will be taking the position o€ Recrea#ion Supervisor. Luke DeFillipis, Recreation Supervisor, provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyvifle and surrounding areas. 5. Park Operations and Capital Improvement Status Reports Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. 6. Citizen Comments/Presentations Regarding Items not on the Agenda* 7. Adjournment Deena Dendy moved to adjourn at 5:45 p.m. Vince Rosen seconded the motion. The vote was unanimous. Respectfully submitted and approved: ~I''J'tic./~<IKL. mil;! :~i~.'~/S~:'t~~'... ~. Wanda Drexel, Administrative Secretary =~`~°-" City of Colleyville ~~ ~-_ _~ ~ Minutes -Final ~.,;- Planning and Zoning Commission Monday, January 12, 2009 6:15 PM City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on January 12, 2009 at 7:07 p. m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Ron Rotthaus and Jeff Byerly Staff Present: Ron Ruthven, Justin Bass, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Phelps. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the December 8, 2008 meeting minutes as written. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly City of Colleyville page 1 Printed on 1/28/2009 Planning and Zoning Commission Minutes -Final January 12, 2009 6. 7. 7a 8. 8a Approval of a replat of Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case PC08-002 Justin Bass presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding the alignment of the entrance with regards to the entrance across the street, would those entrances need to be aligned with each other or off set from each other? Ron Ruthven replied the entrance with the businesses across the street will take precedence witht he alignment of the proposed entrance. He stated the fire code will take precedence with the alignment of this entrance and the current configuration does meet city code. Commissioner Byerly opened the public hearing at 7:14 p.m. Roger Hart, applicant, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:14 p.m. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS Approval of a preliminary plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC08-001 Justin Bass presented the case and briefed the Commissioners. Commissioner Redfearn questioned staff regarding if sidewalks would be required to run on both sides of the new street? Ron Ruthven replied they would be required on both sides of the street. Commissioner Phelps stated to staff that the plat does not show room for the sidewalks. Ron Ruthven stated the sidewalks would be placed in the right of ways between the pavement edge of the new street. Commissioner Knox moved to approve case PC08-001. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly PUBLIC HEARING AGENDA ITEMS City of Colleyville Page 2 Printed on 1/28/2009 Planning and Zoning Commission Minutes -Final January 12, 2009 Commissioner Redfearn moved to approve case PC08-002. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly 8b Approval of an amendment to Chapter 3-Land Use of the Land Development Code regarding fences and residential carports, Case G-09-003 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding Section D, a, could stone be used? Ron Ruthven replied stone would fall under masonry. He stated the Land Development Code gives the Building Official the ability to make good design standards to keep the aesthetics with the neighborhood. Commissioner Clardy questioned staff regarding if there is a general parameter with the gate setback? Ron Ruthven replied staff did not propose a specific distance from the property line, given some of the roads have varied right of ways and there are also instances with large rights of ways with small pavement widths. He stated this would be taken by on a case by case basis with the Building Official's approval. Discussion occurred between the Commissioners and staff with regards to the proper language to be used for the perimeter subdivision fence standards. Commissioner Byerly moved to approve case G-09-003 with the following corrections: 1) Section 3.26, D, 1, place a period after "faces" and delete everything after that; 2) Make the gate setback Section C; 3) Make old section C, into Section D and add in lots containing a minimum of 40,000 square feet and subdivisions shall be allowed to construct a perimeter subdivision fence within the front yard setback 4) Said fencing shall be no greater than 8 feet in height and shall have no greater than 25%solid construction. Commissioner Clardy seconded. Staff assured the Commissioners that they would get clarification from the City Attorney's office regarding the language for the ordinance to be presented to City Council. City of Colleyville page 3 Printed on 1/28/2009 Planning and Zoning Commission Minutes -Final January 12, 2009 The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly Commissioner Phelps questioned anything under the 40,000 square to go to the Zoning Board of Ruthven replied yes. staff for clarity regarding if foot requirement would still have Adjustment for approval? Ron 8c Approval of an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code regarding wind driven generators, Case G-09-004 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff if HOA's will have any particular clause in their requirements? Ron Ruthven replied some will have deed restrictions, however, he does not know of any in Colleyville since there has not been an application made for one. Commissioner Dudziak questioned staff regarding if fencing is required around the wind driven generator to limit climbing access? Ron Ruthven replied there is no requirement at this time. Commissioner Dudziak questioned staff if regulations will be in place to limit access to the structure, for instance, if there is a ladder built on or into the device for maintenance? Ron Ruthven replied there are none with regards to this, however, the Commission can add those restrictions for a perimeter fence. He stated, typically, there may be a fence on the yard where a structure would be located. Commissioner Dudziak questioned staff regarding if there are requirements for the wiring of the structure, underground or will it hang from the structure? Ron Ruthven replied they will have to meet the electric code requirements in the building code. He stated those would be required for safe wiring standards. He stated the Commission can require underground wiring, conduit. Commissioner Dudziak stated he would like to see a minimum acreage, size. He stated he would like to see 1.25 acres. He stated there should be requirements regarding the measurement of the tower height, floor level, ground level, some type to find where the 50 foot would start. He stated he would like to see a prohibition with regards to adding the structure to a house or to a roof top. Ron Ruthven stated the structure should be independent from the main structure, or attached to any structure. Commissioner Dudziak concurred. City of Colleyville Page 4 Printed on 1/28/2009 Planning and Zoning Commission Minutes -Final January 12, 2009 Commissioner Byerly opened the public hearing at 8:03 p.m. for this item and the previous item. There being no one wishing to speak, the public hearing was closed at 8:03 p.m for this item and the previous item. Commissioner Dudziak moved to approve case G-09-004 with all aforementioned guidelines: 1) Minimum lot size of 1.5 acres 2) Wiring should be undergound conduit 3) Tower shall be independent of the home and/or any structure 4) Tower must either: (a) have a locked anti-climb device installed on the tower; or (b) be completely enclosed by a locked, protective fence at lease 6 feet high 5)Tower height shall be measured at 50 feet from existing ground level to the highest point of the tower. Commissioner Phelps seconded. Commissioner Phelps questioned staff regarding the typical, 50 foot structure, what percentage of the 50 feet will be the top blade to the bottom blade distance to from the ground? Ron Ruthven stated the structures come in all shapes and sizes. Commissioner Phelps stated wanting some guidelines for the blade with regards to the distance to the ground. He stated not wanting the blade to get close to the ground for the safety of the neighbors. Ron Ruthven stated if a Special Use Permit is submitted for one, the Commission can look at each one on a case by case basis. Commissioner Clardy questioned staff regarding if periodic inspections are routinely completed? Justin Bass replied not having seen any inspection guidelines. He stated the companies that construct the structure are the ones that usually do the periodic inspections. Commissioner Byerly questioned staff regarding if any other ordinances have minimum lot sizes in other cities; he thought to make them efficient enough to have, an acre would be required? Justin Bass replied that the companies that install the structures come and inspect the properties to make sure the location of the tower is in place to be most efficient for the use of the tower. Ron Ruthven stated Grand Prairie has a minimum requirement of two acres. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly 9. ADJOURNMENT The meeting adourned at 8:15 p.m. City of Colleyville page 5 Printed on 1/28/2009 Planning and Zoning Commission Minutes -Final January 12, 2009 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, January 8, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on January 26, 2009. City of Colleyville Page 6 Printed on 1/28/2009 RESOLUTION R-09-3068 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF FEBRUARY 3, 2009 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2009. CITY OF COLLEYVILLE David Kelly Mayor