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Home My WebLink AboutCity Council-Agenda Packets-6/2/2009r.,.,4 City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 2, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of changing the dates of regular City Council meetings PC-2 Discussion of the process for filling an unexpired term on the Historical Preservation Committee and the Colleyville Library Board PC-3 Discussion of setting a date for a joint worksession with the City Council and Library Board PC-4 Discussion of the June 2, 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 - Rischon Development Corporation v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending claim - 5517 Oak Top Drive Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS City of Colleyville Page 1 Printed on 5/29/2009 City Council Agenda June 2, 2009 INVOCATION: Pastor David Jung, Crown of Life Lutheran 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-09-3101 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation - In recognition of National Garden Week June 7-13, 2009 - Susan Taylor, Vice President of Programs and Suzanne Hughes, Vice President of Fundraising, Colleyville Garden Club CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3102 4a Approval of the minutes of the regular City Council meeting of May 19, 2009 4b Approval to purchase a 15-passenger Ford van from Sam Pack's Five Star Ford, through the Cooperative Purchasing Program, in an amount not to exceed $21,251.77 and authorize the City Manager to execute the contract 4c Approval of a request for a replat for the Heritage Oaks Addition located in the 5000-5200 block of Heritage Avenue, Case PC09-007 4d Authorize and approve the execution of a Quitclaim Deed conveying property from the Bransford Park Land Trust to the City of Colleyville 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1716 Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings 5b 0-09-1718 Approval to amend Ordinance 0-08-1701 regarding the existing gas franchise between the City and Atmos Energy, Section 19 Payments to the City City of Colleyville Page 2 Printed on 5/29/2009 City Council Agenda June 2, 2009 5c 0-09-1719 Approval of amendments to Chapter 7 -Sign Regulations of the Land Development Code regarding electronic signs, Case G-09-006 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-09-3093 Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas 6b R-09-3103 Calling a Special Election for August 1, 2009, for the purpose of electing a Councilmember, Place 2, to fill an unexpired term 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Colleyville Center Advisory Committee Minutes -February 23, 2008 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 2, 2009 - Reading and Public Hearing -Resolution R-09-3104 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 29, , by 5: p.m. 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 3 Printed on 5/29/2009 G~ ~ n~ ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 T,~a~ Agenda Briefing 817.503.1000 vrww. co 1 1 eyv i l l e. co m File Number: Version: 1 File Type: Pre Council Agenda Date: 06/02/2009 Status: Pre Council Controlling Body: City Council Requester: Office of the City Agenda No.: PC-1 Final Action: Secretary File Name: Discussion of changing the dates of regular City Council meetings Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 06/02/2009 City Council Title Discussion of changing the dates of regular City Council meetings Explanation In accordance with the City Charter, the City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule. The City Council meetings are normally held the first and third Tuesday of each month except when those dates may conflict with an event or holiday. The City Council may consider changing the dates of City Council meetings as follows: The first regular City Council meeting of November 3, 2009, to Wednesday, November 4, 2009, due to Election Day The second regular City Council meeting of Tuesday, March 16, 2010, to Tuesday, March 23, 2010, due to the Grapevine-Colleyville Independent School District spring break. City of Colleyville Page 1 Printed on 5/26/2009 C%~ ` D/ ~ City of Colleyville T~.~a~ Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: Version: 1 Requester: Office of the City Secretary File Type: Pre Council Agenda Date: 06/02/2009 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 Historical Preservation Committee and the Colleyville Library Board Attachments: Letter from Historical Preservation Committee Chairman dated May 14 2009.pdf Letter from Kathleen Hennessey dated May 22 2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/02/2009 City Council Title Discussion of the process for filling an unexpired term on the Historical Preservation Committee and the Colleyville Library Board Explanation On May 14, 2009, the Chairman of the Historical Preservation Committee requested the removal of Mr. Richard Jackson, whose term expires September 2009, from the Committee, due to excessive absenteeism. On May 22, 2009, Ms. Kathleen Hennessey, whose term expires September 2009, resigned from the Colleyville Library Board. In accordance with the City Council Rules of Procedure, Section VII, Procedures for City Council Appointments, Section 7.2; In the event of a vacancy other than an expiring term, the City Council may ill 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 positions: • Consider the appointments at the June 16, 2009, City Council meeting without advertising • Advertise the positions for 30 days and consider the appointments at the July 7, 2009 City Council meeting City of Colleyville Page 1 Printed on 5/2f~2009 Agenda Briefing Continued • Advertise the positions during the regular advertising period for the September appointments and City Council will consider the appointments during the September 15, 2009 City Council meeting According to the staff liaisons to the Committees, delaying the appointments until September will not create a hardship for the Committees. Staff is requesting direction from City Council for the appointment process for the two vacancies. City of Colleyville Page 2 Printed on 5/26/2009 May 14, 2009 Cynthia Singleton Colleyville City Secretary Colleyville City Hall Colleyville, Texas 76034 Dear Ms. Singleton: As chairman of the Historical Preservation Committee, I would like to request that Richard Jackson be removed from the committee. Mr. Jackson has only attended one meeting and that was more than a year ago. During that time he has not made contact with anyone on the committee nor has he responded to any correspondence from the committee. Please let me know if you have any questions or need any additional information incerely, ~~-~~,_ J Deupree Chairman Historical Preservation Committee i~t~,l~G'2i~r~=~ ~77.:5R 1817~u^r:~~rr~? HEt~r~s~~.tr ~~~c~~ ~i110 50~~ Sto~xebrid~e Drive rolleyti~zlle TX 7tiQ3~ Iviny 22, 2009 Ms Mazy Rodne, Library Gitec#or City az Calleyville Litarary 10(l Main Street C'olteyville Tai 7~i(l34 Tear IVis R.odne, This is to let. yc~u knr~vv that t will he u~wble to rul~l1 the dutias of ~-'llternate Z cn the I_~iti~rary Bc~axd due to family iilnewfi, l: will let yon lcnotiv when it 1~ ~o85ible fur xzae Co resume 3 Silpj~aTClve 'role fqr t}2e Z.,ibr"aJ.y at sozz~e ~zrure date,. Sincerely, ~~~~' l~athaeen ~-1em~esseY Cc: Dati~id ~;.elly, I4~ayar, City of C~lleyville Cynthia singietoz~, City Secretary, t`it}~ of C,'Q1leyville ;:~ ~., ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 Ti~ra~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 06/02/2009 Controlling Body: City Council Requester: Library Agenda No.: PC-3 Final Action: File Name: Discussion of setting a date for a joint worksession with the City Council and Library Board Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/02/2009 City Council Title Discussion of setting a date for a joint worksession with the City Council and Library Board Explanation This item seeks to establish a date for a joint City Council and Library Board worksession to review the Spatial Reorganization Plan and provide staff direction. City of Colleyville Page 1 Printed on 5/29/2009 i:~ ' of City Hall City of Colleyville 100 Main Street Colleyville, Texas 76034 r,~a~ Agenda Briefing 817.503.1000 www.col leyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 06/02/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-4 Final Action: Secretary File Name: Discussion of the June 2, 2009 regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/02/2009 City Council Title Discussion of the June 2, 2009 regular agenda items City of Colleyville Page 1 Printed on 5/28/2009 4.~ ' n( ~ City of Colleyville 100 Mltain Street Colleyville, Texas 76034 r°xa- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 06/02/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 1 Final Action: Secretary File Name: Executive Session -Legal -June 2, 2009 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/02/2009 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 - Rischon Development Corporation v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending claim - 5517 Oak Top Drive Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property - Mineral Rights 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 5/26/2009 RESOLUTION R-09-3101 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JUNE 2, 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 ,:~ <., ~ City of Colleyville r,~.,r Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 06/02/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -June 2, 2009 Attachments: Proclamation -National Garden Week -June 7-13, 2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/02/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation - In recognition of National Garden Week June 7-13, 2009 -Susan Taylor, Vice President of Programs and Suzanne Hughes, Vice President of Fundraising, Colleyville Garden Club City of Colleyville Page 1 Printed on 5/29/2009 rocr~r~~tior~ Colleyville, Texas WHEREAS: the Colleyville Garden Club is participating in National Garden Club week June 7.13, 2009, which is sponsored by the National Garden Clubs, Inc. and WHEREAS, gardeners seeks to add beauty, splendor, fragrance and nutrition to our lives through the growing of herbs, vegetables, foliage and flowers while also being an advocate of the importance of all creatures and their role in a balanced and productive ecology; and WHEREAS, Colleyville Garden Club has created and maintained gardens throughout the City of Colleyville, donated bronze sculptures to McPherson Park, participates in annual Keep Colleyville Beautiful and Arbor Day programs, has created a sanctuary space to honor all veterans of the United States Armed Forces at the Veteran's Memorial at Sparger Park, and dedicated the site as a Blue Star Memorial Byway; and WHEREAS, Colleyville Garden Club beautifies the community through donations of natural holiday wreaths for civic buildings and supported local senior citizens by recycling cell phones in support of the Colleyville Police Department's SALT program for senior citizens; and WHEREAS, Colleyville Garden Club provided gardening materials for Victory Garden Boxes, which will be sent to soldiers in Kabul, Afghanistan who will use the boxes to improve relations with local people by distributing the boxes to 350 boys in a Kabul orphanage; and WHERAS, Colleyville Garden Club supports the community through its annual Promenade Garden Tour, garden therapy outreach to residents of senior _ residences, and creation of youth outdoor learning centers at local schools. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, do hereby acknowledge the importance of gardening and the numerous contributions made to our community by the Colleyville Garden Club and acknowledge NATIONAL GARDEN WEEK -JUNE 7-13, 2009 IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 2nd day of June 2009. / , ~ ~/ Mayor J IY~ x ~,ti ~~ RESOLUTION R-09-3102 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OFJUNE 2, 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 May 19, 2009 b. Approval to purchase a 15-passenger Ford van from Sam Pack's Five Star Ford, through the Cooperative Purchasing Program, in an amount not to exceed $21,251.77, and authorize the City Manager to execute the contract c. Approval of a request for a replat for the Heritage Oaks Addition located in the 5000-5200 block of Heritage Avenue, Case PC09-007 d. Authorize and approve the execution of a Quitclaim Deed conveying property from the Bransford Park Land Trust to the City of Colleyville AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~~~ ~ City of Colleyville 100 Main Street ~~ Colleyville, Texas 76034 City Council Minutes -Draft 817.503.1000 ,;~..~~ www.colleyville.com City Council Tuesday, May 19, 2009 CITY COUNCIL CHAMBERS The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 19, 2009, at 5:33 p.m. ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Police Chief Tommy Ingram, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Communication/Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Tony Licata was absent. PC-1 Discussion of health insurance renewal and bid process Human Resources Manager Elise Welborn stated the City has retained a new benefits consultant and introduced Mr. Christian Moreno and Mr. Rich Allen of Cooper Corporate Solutions and provided general information regarding preliminary projected health insurance rates. Mr. Christian Moreno of Cooper Corporate Solutions, provided information regarding the services of Cooper Corporate Solutions, negotiotions with healthcare providers and expressed appreciation for the opportunity to work on behalf of the City. There was general discussion regarding health insurance rate increases and the health plan structure. PC-2 Update regarding objections received to changes to the escrow policy for sidewalks as amended by Ordinance 0-09-1712 Interim Community Development Director Ron Ruthven provided an update of objections regarding the escrow policy for sidewalks, the criteria for determining refunds, an overview of the appeal process and City of Colleyville Page 7 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 stated staff recommends that eleven requests for refunds be approved. City Council determined that three appeals per City Council meeting will be considered. PC-3 PC-4 PC-5 Presentation of the Monthly Financial Report -April 2009 Finance Director Terry Leake presented the April 2009 monthly financial report and answered questions of the City Council. Presentation of the Quarterly Investment Report Finance Director Terry Leake presented the Quarterly Investment Report and answered questions of the City Council. There was general discussion regarding the various investment instruments. Discussion of the May 19, 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 6:02 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 19, 2009, at 6:02 p.m. ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Communications/Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Planner Justin Bass, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Tony Licata was absent. City of Colleyville Page 2 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 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 - Rischon Development Corporation v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending claim - 5517 Oak Top Drive Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights 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 INVOCATION: Councilmember Mike Taylor 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-09-3095 This resolution was not needed. 3. RESOLUTION: READING AND PUBLIC HEARING -Resolution R-09-3096 3a R-09-3096 Canvassing the results of the General Election held May 9, 2009 for Councilmembers, Place 5 and Place 6 Mayor Kelly read Resolution R-09-3096 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-09-3096. Councilmember Hall seconded the motion. City of Colleyville Page 3 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 4. OATH OF OFFICE City Secretary Cynthia Singleton administered the Oath of Office to Councilmembers Tom Hart ,Place 5 and Mike Taylor, Place 6. 5. RECEPTION FOR CITY COUNCIL Mayor Kelly recessed the meeting at 7:35 p.m. for a reception for City Council and reconvened at 7:49 p.m. 6. ANNOUNCEMENTS AND PRESENTATIONS Mayor Kelly invited citizens to attend a free concert by the King Creole Band, May 21, 2009, 6:30 p.m. at the Colleyville Center. Mayor Kelly congratulated Detective Bob Etheridge for being selected the Final Torch Bearer to light the flame to open the 2009 Special Olympic Games, at 7:00 p.m. on Friday, May 22, 2009, at the University of Texas -Arlington stadium. Mayor Kelly announced, although the Live Green Festival and Clean Sweep event, scheduled for Saturday, May 16, 2009, were cancelled due to weather conditions, citizens utilized the Crud Cruiser to dispose of hazardous materials and the mobile shredding unit. Mayor Kelly expressed appreciation to National Charity League members, Police on Patrol members, Parks and Recreation Director Monica Walsh and Park Superintendent Chuck Majors, the Public Works Department, Police Officers Raymon Cannon and Charles Wallace, and City Manager Jennifer Fadden and family for assisting with the event. Mayor Kelly invited citizens to attend the Colleyville annual BBQ, June 5-6, 2009, at the Colleyville Center and announced all proceeds support Special Olympics. Mayor Kelly commended Police Detective Kevin Walling and Police Chief Tommy Ingram for coordinating the event. Mayor Kelly presented a Proclamation to Public Works Director Steve Chutchian, Utility Superintendent Ken Tywater and Equipment Operator James Watkins, in recognition of Public Works Week. Public Works Director Steve Chutchian commended the Public Works employees for their service to the City and invited citizens to attend the ROAD-E-O event, which is coordinated by Equipment Operator James Watkins. City of Colleyville Page 4 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 Mayor Kelly recognized the Citizens on Patrol members for service to the community and Police Chief Tommy Ingram and Officer Bill Hudgins for organizing the program. Mayor Kelly recognized the Fire Department Volunteer Rehab Unit for service to the community and Interim Fire Chief Russell Shelley and Deputy Emergency Management Coordinator Andrea Renegar for developing the program. Deputy Emergency Management Coordinator Andrea Renegar expressed appreciation for the service of the Fire Department Rehab Unit volunteers. 7. ELECTION OF MAYOR PRO TEM 7a Election of Mayor Pro Tem Mayor Kelly opened the floor for nominations for Mayor Pro Tem. Councilmember Hart nominated Mayor Pro Tem Ayers. Councilmember Taylor seconded the nomination. There were no other nominations. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 8. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3097 8a Approval of the minutes of the regular City Council meeting of May 5, 2009 Mayor Kelly read Resolution R-09-3097 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-09-3097. Councilmember Hall seconded the motion. City of Colleyville Page 5 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Mart, Mike Taylor 9. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 9a 0-09-1716 Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings Mayor Kelly read the caption of Ordinance 0-09-1716. Mayor Kelly opened the public hearing. Mr. Chris Whitaker, 7204 Maranatha Court, spoke regarding the protection of property values, quality of life, public input regarding the cost of rail improvements, the ability of the City to enforce the proposed improvements, the number of trains a day, opposition to the petition and requested an election to determine the citizens desire for a rail station. Mr. Keith Staudt, 7208 Bell Meade, spoke regarding the cost of the proposed commuter rail improvements and possible litigation, the method of obtaining support of the petitions and proposed changes to the original ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly spoke regarding the applicant's proposed changes to the ordinance and asked the City Attorney to review the Charter requirements related to the changes. City Attorney Boyle stated the Charter provides that upon the submittal of the draft ordinance, it must be submitted to the City Council for consideration without alteration as to meaning or effect in the opinion of the person filing the petition and that is based on Section 6.02 of the Charter. Mayor Pro Tem Jon Ayers asked the City Attorney if it is up to the City Council or the applicant to determine as to whether there is a material change. The City Attorney stated the only flexibility that the Charter provides is to the extent that upon receipt of a draft ordinance that is different than the one originally submitted with the petition, the City Council can conclude City of Colleyville Page 6 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 within their legislative prerogative that the alteration has not materially affected the meaning or effect of the ordinance in the opinion of the person filing the petition. Mayor Pro Tem Jon Ayers asked if the principal change that has occurred to the ordinance really deals with Section 4. The City Attorney stated the draft revised ordinance that was submitted includes revisions in Sections 2 and 4. Mayor Pro Tem Ayers asked the City Attorney to read the original and new versions of Section 4. The City Attorney read the original and revised versions of Section 4. Mayor Pro Tem Ayers stated there are two new clauses in Section 4. Mayor Pro Tem Ayers stated the original version basically was going to require the City to either force the railroad company to perform a reconstruction or for the City to undertake a reconstruction of the Cottonbelt. Correct? The City Attorney concurred. Mayor Pro Tem Ayers asked the City Attorney if the reconstruction is mandatory. The City Attorney confirmed it is mandatory. Mayor Pro Tem Ayers stated the new version doesn't make it a mandatory requirement of construction. It just simply says if we can make it happen, and if it doesn't cost the City any money, then we are going to do it a certain way. Right? The City Attorney concurred. Mayor Pro Tem Ayers stated the ordinance is still proposing the construction of three overpasses and lowering of the surface grade so that it is underground or for that matter, a tunnel. The City Attorney concurred. Mayor Pro Tem Ayers asked the City Attorney what affect would Section 4 have if the City Council were to pass the modified version. City of Colleyville Page 7 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 The City Attorney stated given the review and discussion at the last City Council meeting where the City's ability to mandate those particular provisions were shown to be a legal impractibility, it would have little to no effect. Mayor Pro Tem Ayers asked if the City Council were to pass the first version that requires the City to do this, the City just simply could not do it, without paying for it through a tax hike or through some type of funding? The City Attorney stated those requirements could not unilaterally enforce those requirements absent the City funding them. Mayor Pro Tem Ayers stated the original version required the City to undertake a reconstruction of the Cotton Belt and John McCain Road and the railway would be underground. The new version does not make it a mandatory construction. Mayor Pro Tem Ayers stated the second version provides that if this can be accomplished without spending any taxes, the City should proceed. The City Attorney agreed. Mayor Pro Tem Ayers asked if the City has made any effort to ascertain what the potential cost would be of such a reconstruction of the Cotton Belt?" City Manager Jennifer Fadden stated Freese and Nichols completed an evaluation of the cost and the initial estimate is $90 million to elevate and to create grade separated crossings at Bransford Road and Pleasant Run Road and John McCain Road. The second cost figure provided was $600 million to lower the entire length of the rail bed. The reason that the entire length of the rail bed would need to be lowered, as opposed to just the sections at the crossing, is because of the distance in between each grade. The final figure provided was $900 million to tunnel the entire rail line through Colleyville. Mayor Pro Tem Ayers asked if Freese and Nichols is a firm that is often used for City projects. City Manager Fadden confirmed they are considered to be a well respected engineering firm not only in this region, but statewide and have worked on numerous City projects. Mayor Pro Tem Ayers asked what would be the funding source for the City to undertake a $90 million project. City of Colleyville Page 8 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 City Manager Fadden stated the City would most likely have to issue debt in 20 year bonds. Mayor Pro Tem Ayers inquired as to the annual budget for the City of Colleyville. City Manager Fadden responded for the General Fund, it is approximately $19 million and all funds combined $35 million. Mayor Pro Tem Ayers stated to construct the overpasses would be roughly 4.5 times the City's annual budget. Mayor Pro Tem Ayers inquired as to the amount of the City's street maintenance budget. The City Manager stated one million dollars. Mayor Pro Tem Ayers stated the overpass project would be 90 times the City's annual street budget. Mayor Pro Tem Ayers asked if the City of Colleyville even has the debt capacity to undertake this type of expenditure. City Manager Fadden stated, just through applying the current interest rates for this kind of debt issuance based on the average assessed valuation of a home in Colleyville, the debt service for an issuance of $90 million, the annual debt payment would be about $7.2 million, which equates to 21 cents on the City's tax rate and the City's tax rate is $0.3559 per one hundred dollars valuation. Mayor Pro Tem Ayers stated the average household taxes would more than double. Councilmember Taylor spoke regarding the construction challenges of an overpass and tunnel in the City and stated there are only two authorities that can request a rail station in Colleyville, the City Councilor it could be decided by the citizens at the ballot box. The City Attorney stated the next available General Election date is in November and Section 6.02 of the City Charter specifically says on presentation of a valid certified petition for an initiative, the particular item of legislation should be presented and either approved by the City Council or set for election as provided by law. Mayor Pro Tem Ayers stated option number one is we can vote to approve this ordinance as presented and City Council has the option City of Colleyville Page 9 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 either to approve the original version that was presented to the citizens who actually signed the petition or City Council could potentially approve the second version, which was modified by the applicant and has been presented to City Council at this meeting. And, the last option is instruct staff to prepare the appropriate resolution to have this sent to a citizen's vote in November. Mayor Pro Tem Ayers stated the City Council's hands are virtually tied because of the way the City Charter is structured and the way this petition has been submitted. The City Attorney stated that is the effect of the Charter. Mayor Pro Tem Ayers asked if the citizens that signed the petition have the right to potentially retract their signature. The City Attorney stated the citizens who signed that particular petition have the absolute legal right to withdraw their names from the petition up until final action taken by the City Council on the petition. Councilmember Hall moved to continue Ordinance 0-09-1716 to the June 2, 2009 City Cou-nil meeting. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Councilmember Hall requested that staff prepare the required resolution to call an election. The City Attorney stated the City Council is not prepared to consider a resolution calling a November election tonight. Mayor Pro Tem Ayers stated the City Council is passing on this ordinance until the June 2, 2009, City Council meeting at which point the appropriate resolution will have been drafted such that if the City Council chooses that option, City Council can vote on that resolution at that time. The City Attorney stated on June 2, 2009, the City Council will have available the three options mentioned earlier with the only potential caveat being, not having the full calendar in front of me, it may be premature to call the election for the November date on June 2, 2009, and between now and two weeks, it will be determined when the election may be called. City of Colleyville Page 10 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 Councilmember Taylor clarified a citizen can withdraw their name from the petition until City Council acts on the proposed ordinance. 10. 10a Mayor Kelly read the caption of Ordinance 0-09-1718. Management Assistant Christine Loven provided an overview of the amendment to Ordinance 0-08-1701 regarding payments to the City by Atmos Energy. Mayor Kelly opened the public hearing. Ms. Mary Jean Maloney, representing Atmos Energy, stated Atmos Energy agrees to an annual payment rather than quarterly payments as approved in the most recent franchise agreement. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 10b 0-09-1719 Approval of amendments to Chapter 7 -Sign Regulations of the Land Development Code regarding electronic signs, Case G-09-006 Mayor Kelly read the caption of Ordinance 0-09-1719. Planner Justin Bass provided information of the proposed changes to the Land Development Code regarding message change frequency. The City Attorney stated final action would be either the approval of the drafted legislation or the actual calling of the election. Up until such time as the City Council acts on either one of those, the opportunity exists for the petitioners to withdraw their names from the petition. If the number of withdrawals gets to the point where they no longer meet the Charter specified minimum of 500 voters, then the petition will be given to the City Secretary for recertification and if the numbers were short at that particular point, an updated certification would deem it is not certified in compliance with the Charter. The City Attorney stated a name cannnot be added to the petition. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 0-09-1718 Approval to amend Ordinance 0-08-1701 regarding the existing gas franchise between the City and Atmos Energy, Section 19 Payments to the City City of Colleyville Page 11 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 11. RESOLUTION(S): READING AND PUBLIC HEARING 11 a R-09-3098 Approval of the City of Colleyville's continued participation with the Steering Committee of Cities Served by Oncor, and authorizing the payment of $0.10 per capita to the Steering Committee to fund regulatory and related activities relative to Oncor Electric Delivery Mayor Kelly read Resolution R-09-3098 in its entirety. Management Assistant Christine Loven provided information regarding continued participation with the Steering Committee of Cities Served by Oncor and cost. 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 Kelly moved to approve Resolution R-09-3098. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 11 b R-09-3099 Acting on the resignation of Councilmember Tony Licata, Place 2 Mayor Kelly read Resolution R-09-3099 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Hall moved to accept the resignation of Councilmember Licata. Councilmember Hart seconded the motion. City of Colleyville Page 12 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly asked the City Attorney to explain the process for filling Place 2. City Attorney Matthew Boyle stated the requirements of the Constitution, Article 11, Section 11, mandate that because the City Council terms are now greater than two years, being three years in length, that Council vacancies mid-term must be filled by election rather than appointment. And, it is important to point out that the adjustment to the City Council terms was actually approved at the most recent Charter Election approximately 4 years ago and due to that, it would have been a near practical impossibility to draft a Charter revision to allow for the voters to decide the length of the terms, while simultaneously updating the Charter provision relative to appointment versus election. The Constitution mandates that with three year terms City Council vacancies must be filled by election. Mayor Kelly stated, it is my understanding the City Charter, Texas Election Code and State Constitution provides for certain provisions and the State Constitution is the governing law we have to process. City Attorney Matthew Boyle stated, the State Constitution trumps both the City Charter and the Texas Election Code in this situation. Mayor Kelly asked the City Attorney since the City may have an election regarding a pending ordinance and resolution, could this election and the election to fill an unexpired term on the City Council be combined? The City Attorney stated, unfortunately, even if City Council were to call a citizen election based on the initiative petitions, those two elections cannot be combined. The reason is that the Election Code allows for a non-uniform election date for filling City Council vacancies because that is what is mandated by that very same provision from the Constitution, but that same flexibility is not provided for citizen based initiatives. On a citizen based initiative, the only means by which City Council could seek relief from otherwise having to comply with uniform election dates would be if an emergency existed. City Council vacancies have generally been deemed not to qualify as an emergency. Mayor Kelly stated, according to the Sta#e Constitution, the City is required to hold a Special Election within 120 days of the Councilmembers resignation. City of Colleyville Page 13 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 City Attorney Matthew Boyle concurred. Mayor Kelly asked if an election is necessary for the two citizen initiatives must that election be held on the next regular election date. City Attorney Matthew Boyle stated the Election Code currently only allows for two uniform election dates; one in May and one in November, so if the City Council called an election on the citizen initiatives, the only available election date would be the general election date in November. 12. TABLED ITEM: READING AND PUBLIC HEARING 12a R-09-3093 Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas Mayor Pro Tem Ayers moved to remove Resolution R-09-3093 from the table. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly read Resolution R-09-3093 in its entirety. Mayor Kelly opened the public hearing. Mr. Chris Whitaker, 7204 Marantha Court, stated the resolution is the more important of the two pieces of legislation and the intent is not to have the City of Colleyville pay for any part of the proposed rail improvements and requested the City Council to pass the resolution. Mr. Keith Staudt, 7208 Belle Meade Drive, spoke regarding current legislation regarding rail transportation and how it relates to the proposed resolution and the cost of an election. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly provided information regarding the approval of the local option tax resolution, local control of tax increases and the purpose of the resolution. City of Colleyville Page 14 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 Mayor Pro Tem Ayers stated the proposed resolution has the same requirements as the proposed Ordinance 0-09-1716. Mayor Pro Tem Ayers moved to continue the Public Hearing of Resolution R-09-3093 to the June 2, 2009 City Council meeting. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Councilmember Taylor provided information regarding the work of the Rail Stop group and the ability of citizens to withdraw their name from the petition and stated the petition is not good legislation. Mayor Kelly requested staff prepare documents to call an election. Councilmember Taylor provided the following comments from Representative Vicki Truitt regarding the Texas Local Option Tax Act. - This is one of those bills you've been warned about -characterized as a "tax" bill, in fact, the tax everything that moves bill. Well, it has changed a lot during the course of the legislative process and it is still changing. - But, I would like to respectfully ask you to please just put the pre-conceived notions and negative characterizations aside for a few minutes while we consider logic and reason to assess the problem this bill seeks to address. Can we do that? - We're all proud that Texas has a good business climate and a better economy than just about anywhere in the nation. We have the sixth largest economy in the world and we want to keep it that way. - This bill's genesis was in North Texas -home to 25% of the state's population and 27% of the state's economy. Standing alone, North Texas would have the 12th largest economy in the world. - Texas is the fastest growing state in the nation. We know that in 1980 Texas had 14 million people. Today we have 24 million Texans and by 2040, we will exceed 50 million. - The D/FW Metroplex is the fastest growing region in the United States. It is the fourth largest urban region in the country and its population is currently more than 6 million. -__ City of Colleyville Page 15 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 - By 2030, there will be 9 million people in the Metroplex, of whom 5 million will be commuting to and from work. That is almost as many people commuting as we have living there now. - North Texas, is the heart of Texas' economy. One of the things that makes it such is D/FW International Airport, the third busiest airport in the world. - North Texas is at or near gridlock now. If we don't do something, our economy will begin to deteriorate. As North Texas goes - so the state goes. - Do you remember when Dell left Austin because of traffic? The same thing is going to happen in North Texas if we don't don't do something about our traffic. - This bill is needed as North Texas and other major urban areas in Texas face tremendous challenges with transportation and mobility. - We cannot afford to allow a lack of mobility to diminish our economic status in the Metroplex or in the state. - The pace and scale of our growth makes it impossible to build roads fast enough to accommodate the number of people who will live and work in North Texas in the coming years. - I've brought copies of the letter of April 23, from TxDOT telling the Chairman of the Senate's Committee on Transportation and Homeland Security that by the first quarter of 2012, the state will be unable to finance new construction projects without severe cuts in maintenance programs or additional funding sources. - We can talk about the Governor's "Enterprise Fund" and a "favorable legal climate" for business all we want to -and those are good things - but if we cannot move goods and services -and people, our economy will deteriorate. - We are in this situation because of a failure of TxDOT and the legislature to adequately address our transportation infrastructure funding. Diversions from Fund 6 are a huge part of the reason why we are here. Transportation funding is shortchanged because of diversion. - We cannot fix that overnight. It would take us the better part of a decade or more to address the funding gap we would create by ending diversions. City of Colleyville Page 16 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 - We must end diversions but we can't wait if we are to avoid a detrimental impact to our economy from traffic congestion. -And even if we end diversions, it won't be enough to solve the problem. If we stopped all diversion tomorrow, it wouldn't even solve half of the state's transportation funding shortfall. SB 855 and its accompanying SJR 52 provide a local option mechanism to finance the construction of roadways, rail, and bridge projects with locally, self-imposed -All of which must receive voter approval. If the federal government and state government aren't going to fix our problem, we need the right of self-determination. This bill, itself, imposes no taxes or fees. Not one penny of revenue from the enactment of this bill unless the voterschoose to tax themselves to get relief from the horrific traffic they face everyday. The voters may choose to not impose taxes upon themselves. And if they don't, does this bill enable the county to impose the tax, anyway? No. This bill does not authorize any new level of bureaucracy. The specific revenue options from which the voters will choose will be: - A gas tax increase of 5 or 10 cents per gallon and maybe a "mobility improvement fee" when vehicles are registered ranging from $1 to $60. This does not apply to new vehicles. - Some say don't pass this now, during a bad economy. The earliest a county may call an election is November 2010 and if the voters approve a project and related funding, the earliest a fee could be collected would be August of 2012, more than three years from now. If a county does opt to have an election, the ballot must list: - each project to be constructed - an estimated cost of and completion date for each project - each proposed fee with a proposed rate for capital costs - if applicable, a rate for maintenance and operation of the project; and -the date any required bonds will expire This is far more specific than the local option already allowed for local voters related to: - Funding school construction projects, or -Municipal 4(a) and 4(b) for projects It's no different and it's just as important City of Colleyville Page 17 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 The voters' right to choose could not be more transparent and those responsible for administering it, should the voters choose to use it couldn't be more accountable as they will be in this bill. If we ignore this problem, the region and the state will pay a price. Our economy will suffer. I am elected to help solve the state's problems. We want the right to let our voters fix it on their own. I hope you see the problem and the solution for what they are. And I hope you have the political courage to help us help ourselves. Not thinking hard and acting to address this significant issue will.. Quality of life and air quality suffer, too. It's just a matter of time, and it won't take long. To ignore such a problem is irresponsible. My district has been my home since my childhood. I have seen how it has changed during the last 50 years, and I want it to continue to be a great place to live and remain economically viable. I cannot stand by and allow it to deteriorate. 13. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 14. REPORTS: Colleyville Public Library Board Minutes -February 9, 2009 Planning and Zoning Commission Minutes -April 13, 2009 There was no discussion of this item. 15. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 19, 2009 - Reading and Public Hearing -Resolution R-09-3100 This resolution was not needed. 16. ADJOURNMENT: There being no further business before the City Council, Mayor Pro Tem Ayers moved to adjourn. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 9:48 p.m. City of Colleyville Page 18 Printed on 5/29/2009 City Council City Council Minutes -Draft May 19, 2009 APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 19 Printed on 5/29/2009 qt ' cr ~ City of Colleyville T.,,~ Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.col leyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 06/02/2009 Requester: Parks and Recreation Agenda No.: 4b Department Controlling Body: City Council Final Action: File Name: Approval to purchase a 15-passenger Ford van from Sam Pack's Five Star Ford, through the Cooperative Purchasing Program, in an amount not to exceed $21,251.77 and authorize the City Manager to execute the contract Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/02/2009 City Council Title Approval to purchase a 15-passenger Ford van from Sam Pack's Five Star Ford, through the Cooperative Purchasing Program, in an amount not to exceed $21,251.77 and authorize the City Manager to execute the contract Explanation Reading and Public Hearing The Colleyville Parks and Recreation Department seeks to purchase a 15-passenger van for the Colleyville Senior Center which will replace asix-passenger mini-van. The mini-van was part of the equipment/vehicle replacement program to occur in Fiscal Year 2009 (FY 2009), however, in December 2008 the mini-van was involved in an accident and totaled by the insurance carrier. As a mini-van limits participation to six seniors per program and there have been five occasions where a 15-passenger van has been rented. Therefore, staff seeks approval to purchase a 15-passenger van from Sam Pack's Five Star Ford, an approved vendor through the State of Texas Cooperative Purchasing Program, in an amount not to exceed $21,251.77. The15-passenger van will allow an increase in programming and will be available when other City departments require it for tours, large groups and/or training transportation. Financial Impact It has been determined that there is funding available in the FY 2009 Capital Equipment Replacement Fund budget $16,000, Insurance Fund from van accident $4,533.96 and Parks Maintenance budget $717.81. City of Colleyville Page 1 Printed on 5/29/2009 Agenda Briefing Continued Recommendation Approval City of Colleyville Page 2 Printed on 5/29/2009 ~:if1 ~rl ,7 ~ ,. ~ _. ~ tt~ City Of CO~~eyV~~~e 100 M in Street ' CoNeyville, Texas 76034 °;:~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Community Development Department Agenda Date: 06/02/2009 Agenda No.: 4c Controlling Body: City Council Final Action: File Name: Approval of a request for a replat for the Heritage Oaks Addition located in the 5000-5200 block of Heritage Avenue, Case PC09-007 Attachments: Location and Zoning Map Notification List Plat Exhibit Ordinance 0-09-1715 History of Legislative File Version: Date: Acting Body: Action Text: 06/02/2009 City Council Title Approval of a request for a replat for the Heritage Oaks Addition located in the 5000-5200 block of Heritage Avenue, Case PC09-007 Explanation Reading and Public Hearing JBI Partners, Inc. is the applicant for a portion of the Heritage Oaks Addition located at 5000-5200 Heritage Avenue. The applicant submitted a request for approval of a replat that will consist of 63 residential lots. Zoning. The existing Planned Unit Development Residential-PUDR ordinance was amended on April 7, 2009, to allow for the construction of detached single family dwellings in place of attached single family dwellings (townhomes). The lots meet the minimum requirements of PUDR Ordinance 0-09-1715 and the Land Development Code. Replat Requirement. The applicant is required to replat this property prior to further development due to the alterations in lot dimensions and in compliance with the site plan submitted as part of Ordinance 0-09-1715. Parkland Dedication Fees. Parkland dedication fees were paid when the property was originally platted. Sidewalks and Trails. All sidewalks and trails have been constructed according to the Colleyville Pathways Plan. City of Colleyville Page 7 Printed on 5/26/2009 Agenda Briefing Continued Perimeter Street Improvement Requirements. Perimeter street improvement fees were due when the property was originally platted. Tree Preservation. Trees not located within the building footprint must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprint. Public Notification. Staff mailed notices to all property owners within the subdivision regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no letters regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the May 26, 2009 meeting by a vote of 6-0. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies all requirements of Ordinance 0-09-1715 and the Land Development Code. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 5/26/2009 Location and Zoning Map .,~~. c 5311 5309 5303 ~~ 5207 ~r ~ 52D5 5201 5113 5017 #,G 5042 5300 0 P p J R 77 J~ P 3708 3608 3612 AM BE 3613 3605 3609 36D4 3608 3612 52B0 RUDR 5260 5110 07 asa 063 BLACKJACK 0 PUDR 490D GLADE RD 3809 Notification List ate""". °r`rr' OWNER OWNER OWNER OWNER NAME OWNER ADDR CITY STATE ZIP SITUS ADDR Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 I rving TX 75062 000000 Heritage Oaks Dr Beck, Dane E 3816 Bur Oak Dr Colleyville TX 76034 003816 Bur Oak Dr K Hovnanian Homes Dtw LIc 5808 W Plano Pkwy Plano TX 75093 003820 Bur Oak Dr Miller, Clark M 3824 Bur Oak Dr Colleyville TX 76034 003824 Bur Oak Dr Fisher, Martin B Etux Marita 3828 Bur Oak Dr Colleyville TX 76034 003828 Bur Oak Dr K Hovnanian Homes Diw LIc 5808 W Plano Pkwy Plano TX 75093 003832 Bur Oak Dr Lampley, Carl M Etux Cynthia A 3836 Bur Oak Dr Colleyville TX 76034 003836 Bur Oak Dr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 000000 Bur Oak Dr K Hovnanian Homes Diw Llc 5808 W Plano Pkwy Plano TX 75093 003812 Bur Oak Dr K Hovnanian Homes Dfw Llc 5808 W Plano Pkwy Plano TX 75093 003728 Bur Oak Dr K Hovnanian Homes Diw Llc 5808 W Plano Pkwy Plano TX 75093 003732 Bur Oak Dr K Hovnanian Homes Dfw Llc 5808 W Plano Pkwy Plano TX 75093 003800 Bur Oak Dr K Hovnanian Homes Diw LIc 5808 W Plano Pkwy Plano TX 75093 003804 Bur Oak Dr Shetty, Suresh Etux Shakunthal 3808 Bur Oak Dr Colleyville TX 76034 003808 Bur Oak Dr K Hovnanian Homes Dfw Llc 5808 W Plano Pkwy Plano TX 75093 003708 Bur Oak Dr K Hovnanian Homes Diw Lfc 5808 W Plano Pkwy Plano TX 75093 003712 Bur Oak Dr K Hovnanian Homes Dfw Llc 5808 W Plano Pkwy Plano TX 75093 003716 Bur Oak Dr K Hovnanian Homes Diw Llc 5808 W Plano Pkwy Plano TX 75093 003720 Bur Oak Dr K Hovnanian Homes Diw Llc 5808 W Plano Pkwy Plano TX 75093 003724 Bur Oak Dr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 000000 Bur Oak Dr K Hovnanian Homes Diw Llc 5808 W Plano Pkwy Plano TX 75093 003700 Bur Oak Dr K Hovnanian Homes Dfw LIc 5808 W Plano Pkwy Plano TX 75093 003704 Bur Oak Dr Gmac Model Home Finance Llc 6802 Paragon PI Ste 350 Richmond VA 23230 003908 Heritage Oaks Dr Gmac Model Home Finance Llc 6802 Paragon PI Ste 350 Richmond VA 23230 003904 Heritage Oaks Dr Gmac Model Home Finance Llc 6802 Paragon PI Ste 350 Richmond VA 23230 003900 Heritage Oaks Dr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 000000 Post Oak Tr K Hovnanian Homes Dfw Llc 5808 W Plano Pkwy Plano TX 75093 005142 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005142 Heritage Oaks Dr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 005126 Heritage Oaks Dr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 005149 Bur Oak Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005144 Chinquapin Dr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 005280 Heritage Oaks Dr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 005121 Chinquapin Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005145 Chinquapin Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005141 Post Oak Tr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 003696 Bur Oak Dr K Hovnanian Homes Diw Llc 5808 W Plano Pkwy Plano TX 75093 005138 Post Oak Tr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 005260 Heritage Oaks Dr K Hovnanian Homes Dfw LIc 5808 W Plano Pkwy Plano TX 75093 005134 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005138 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005141 Chinquapin Dr Mdc-Heritage Oaks Estates ltd 545 E John Carpenter Fwy Irving TX 75062 005137 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005140 Chinquapin Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005134 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005137 Chinquapin Dr K Hovnanian Homes Dfw LIc 5808 W Plano Pkwy Plano TX 75093 005132 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005136 Chinquapin Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005133 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005130 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Inning TX 75062 005133 Chinquapin Dr K Hovnanian Homes Diw LIc 5808 W Plano Pkwy Plano TX 75093 005128 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005129 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005132 Chinquapin Dr K Hovnanian Homes Dfw Llc 5808 W Plano Pkwy Plano TX 75093 005124 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005125 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005128 Chinquapin Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005121 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy I rving TX 75062 003709 Post Oak Tr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy I rving TX 75062 005120 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy I rving TX 75062 003705 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy I rving TX 75062 003701 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy I rving TX 75062 005122 Heritage Oaks Dr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy I rving TX 75062 005117 Chinquapin Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy I rving TX 75062 005118 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005116 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005113 Chinquapin Dr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter F Irving TX 75062 003772 Shumard Oak Ln Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003768 Shumard Oak Ln Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003764 Shumard Oak Ln Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005112 Post Oak Tr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005114 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005109 Chinquapin Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003760 Shumard Oak Ln Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003756 Shumard Oak Ln Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003752 Shumard Oak Ln Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005108 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005110 Heritage Oaks Dr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 003840 Bur Oak Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005105 Chinquapin Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003748 Shumard Oak Ln Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003909 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003744 Shumard Oak Ln Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003736 Shumard Oak Ln Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003740 Shumard Oak Ln Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003905 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003901 Heritage Oaks Dr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005104 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005106 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005101 Chinquapin Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005102 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005100 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003777 Shumard Oak Ln Colleyville Assoc Herita a Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 003781 Chinquapin Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003773 Shumard Oak Ln Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005070 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Inning TX 75062 005070 Blackjack Oak Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003769 Shumard Oak Ln Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003765 Shumard Oak Ln Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003761 Shumard Oak Ln Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005065 Heritage Oaks Dr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005066 Post Oak Tr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 003741 Shumard Oak Ln Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irvin TX 75062 003757 Shumard Oak Ln Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005066 Blackjack Oak Dr Colleyville Assoc Herita a Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 003745 Shumard Oak Ln Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003753 Shumard Oak Ln Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005068 Heritage Oaks Dr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 005008 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003749 Shumard Oak Ln Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005062 Post Oak Tr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005062 Blackjack Oak Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005061 Heritage Oaks Dr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005064 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Inning TX 75062 005058 Post Oak Tr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005058 Blackjack Oak Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005057 Heritage Oaks Dr G Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005060 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005054 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005054 Blackjack Oak Dr Colleyville Assoc Herita a Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 000000 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005056 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005053 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005050 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005052 Herita a Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 000000 Post Oak Tr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005048 Herita a Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003913 Blackjack Oak Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003921 Blackjack Oak Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003925 Blackjack Oak Dr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003929 Blackjack Oak Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003933 Blackjack Oak Dr j Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 ack Oak Dr 003937 Black Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 003941 Blackjack Oak Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 003917 Blackjack Oak Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005050 Heritage Ave Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005044 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005040 Heritage Oaks Dr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005036 Heritage Oaks Dr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 005030 Heritage Oaks Dr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Inning TX 75062 005032 Herita a Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005028 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005024 Herita a Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005020 Heritage Oaks Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 005016 Heritage Oaks Dr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 005012 Heritage Oaks Dr Tom Juhn, applicant 16301 Quorum Drive, Suite 2006 Addison TX 75001 applicant Public hearing notices were mailed on May 8, 2009 by Amy Shelley Signature w 6a't soot/Rfs :9mq M9d aewwaw zn maa a w di%L 6WtlLY.fY ~Wa ra5 w~ se cwe4 M1`alidtl^91II9.±M9ktW1wW{ibY1~1a(~i'J :awx nzae Karr end '~ { ~ ~ ~ r f, j ~ ~ ,6 3 ~ ~ ~x ,s ~a 6;~~~~~~~ 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Y9 /6T aI.~AB :y w L~ ~q n _ raap O PJ 4!3 } A ;~~1~ ti. Yb ~ i~l$yt~ ~~~ A k&~ w g~4~r ~ ~ ~~i a ~Y 4 3~ § y~A ~ ~~sB c ~ ~aZ ~ {~ ~ ~ ~~ $ ~~ ~ ~sw yy ~ . ~ ~ ~~ ~ :~ ~ ~ ;SEA: g. _~ ~~~~~ ..,b ~$ ~~ 64 $Y~"g ~~~F 7 ±~ ~~5~~ $~NU~~ a~~=`~~ ORDINANCE 0-09-1715 AN ORDINANCE AMENDING ORDINANCE 0-06-1367 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved establish residential zoning Heritage Oaks Addition; and Ordinance 0-06-1567 on March 21, 2006, to on approximately 22.9 acres now known as WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to .promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-09-1715 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O- 06-1567. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of approximately 22.9 acres of the Heritage Oaks Addition, depicted on the attached Exhibit "A" labeled as Location and Zoning Map and Exhibit "B" labeled as Site Plan. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single family attached and single family detached dwelling residential development, constructed at a maximum density of 4.6 dwelling units per acre. b. A maximum of 103 total dwelling units shall be allowed within this PUDR and no more than one dwelling unit shall be allowed per each platted lot. 2. PERMITTED USES a. Single family detached and attached homes with no more than one dwelling unit allowed per each platted lot. 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions: a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Lot Coverage Single-Family Attached Single-Family Detach 2,700 sq. ft. 3,600 sq. ft.14,500 sq. 30 ft. 40 ft./50 ft. 90 ft. 90 ft. 5 ft. 5 ft. none 5 ft. 3.5 ft. 3.5 ft 90% 75% Ordinance 0-09-1715 Page 3 of 4 4.OPEN SPACE a. This development shall provide not less than thirty (30) percent common open space, which shall generally be configured as shown on Exhibit "D" of Ordinance 0-06-1567. All open space areas shaA be landscaped and maintained by the Homeowner's Association. 5.OTHER a. All single family detached dwellings must be equipped with a fire sprinkler system and approved by the Fire Marshal. b. A replat shall be submitted and approved by the City Council, prior to issuance of a building permit for any single family detached dwelling. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 6. 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. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. 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. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 10. THAT Ordinance 0-06-1567 shall remain in full force and effect, except where amended by this ordinance. AND !T IS SO ORDERED. Ordinance 0-09-1715 Page 4 of 4 The first reading and public hearing being conducted on the o2~'~ day of YY]n~~~ 2009. second reading and public hearing being conducted on the ~ day of ~rP 2009. ATTEST ' Cynthia Singleton, TRMC, MC City Secretary CITY OF COLLEYVILLE G-~ David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ~~~~ V,~ Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map Exhibit "B" -Site Plan -._.. _ ~' Fres7ging longing: .M1ii .~a.rR Ue, raw.e r- .. 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City of Colleyville 100 Main Street Colleyville, Texas 76034 T,Y..~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 06/02/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 4d Final Action: Manager File Name: Authorize and approve the execution of a Quitclaim Deed conveying property from the Bransford Park Land Trust to the City of Colleyville Attachments: Resolution R-04-2350.pdf Bransford Park Land TrustAgreement.pdf .Quitclaim Deed.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/02/2009 City Council Title Authorize and approve the execution of a Quitclaim Deed conveying property from the Bransford Park Land Trust to the City of Colleyville Explanation Reading and Public Hearing In April 2004, the City Council, acting as Trustees of the Bransford Park Land Trust (BPLT), passed Resolution R-04-2350 which approved the revocations of the BPLT and directed the City Attorney to prepare the necessary documents conveying all properties held by the BPLT to the City of Colleyville. Two such tracts include approximately 22.12 acres; 10.290 acres from the William Dunn Survey, Abstract No. 404; and 11.887 acres from the Joseph White Survey, Abstract No. 1692, and there is no record of the conveyance occuring. When Titan Operating originally leased the City properties, the BPLT tracts, specifically those listed above, were not included on the lease because the City of Colleyville was not listed in the title research as the owner of the tracts, but instead listed as the Trustee. Titan Operating has requested conveyance of these tracts to clear up title discrepancies, which will then allow the tracts to be leased for gas rights should the City Council determine to do so. Each Councilmember will be required to sign the Quitclaim Deed as Trustee for the Bransford Park Land Trust. Financial Impact It has been determined that there is no financial impact for conveying parcels from the Bransford Park Land Trust to the City. Recommendation Approval City of Colleyville Page 1 Printed on 5/29/2009 RESOLUTION R-04-2350 A RESOLUTION APPROVING THE REVOCATION OF THE BRANSFORD PARK LAND TRUST AND DIRECTING THE CITY ATTORNEY TO PREPARE NECESSARY DOCUMENTS CONVEYING ALL PROPERTIES HELD BY THE BRANSFORD PARK LAND TRUST TO THE CITY OF COLLEYVILLE WHEREAS, the Bransford Park Land Trust was created for the purpose of acquiring, holding, administering, improving and utilizing park land for the benefits of the citizens of the City of Colleyville; and WHEREAS, the Colleyville City Council serves as the Trustees for the Bransford Park Land Trust; and WHEREAS, the Trustees of the Bransford Park Land Trust have determined that the Trust no longer meets its desired purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the revocation of the Bransford Park Land Trust is hereby approved and the City Attorney is hereby directed to prepare necessary documents conveying all properties held by the Bransford Park Land Trust to the City of Colleyville. AND IT iS SO RESOLVED. PASSED BY A VOTE OF _~_ AYES, _ D NAYS AND ~~ ABSTENTIONS ON THE ~ DAY OF 2004. ATTEST:' ~ , , ~~ Cynthia Singleton, TRMC City Secretary CITY OLLE e H cuff Mayor The City of Colleyville, a home-rule municipal corporation, located in Tarrant County, Texas, referred to in this Agreement as "Trustor", hereby transfers to Chris Hawkins, Linda Ahlers, Richard Newton, Steve McKain, Cheryl Feigel and Ed McKnight, all of Tarrant County, Texas, herein collectively referred to as "Trustees", all of the property described in Exhibit "A" attached to this Trust Agreement to constitute the Trust Estate, together with any other property that may become subject to this Agreement, cumulatively referred to in this Agreement as the "Trust Estate". The Trust Estate shall be held, administered and distributed by the Trustees as provided in this Agreement. Purpose of Trust 1. This Trust is created for the purpose of acquiring, holding, administering, improving, and utilizing park land for , the benefit of the citizens of the City of Colleyville. This Trust shalll_ be interpreted in accordance with and in compliance with the aforesaid purpose, the Charter of the City of Colleyville, laws of the State of Texas governing the operation of the City of Colleyville and the Ordinances of the City of Colleyville. 1 Additions to Trust 2. The Trustor shall have the right at any time to add other property to this Trust. Any additional property, when received by the Trustees, shall become part of the Trust Estate. Additions by Third Parties 3. Any other person may add property to the Trust Estate, provided the Trustees approve the addition, in writing, before the transfer to the Trust. Power to Amend or Revoke the Trust 4. The Trustor may take the following actions at any time and from time to time, by written notice signed by the Trustor and delivered to the Trustees: (a) Revoke or change the interest of any beneficiary in the Trust created or to be created under this Agreement. (b) Amend any provision of this Agreement or any amendment to this Agreement. (c) Revoke in whole or in part any trust or trust _ created by or to be created under this Agreement. (d) Withdraw all or any part of the Trust Estate. Trustees Duties on Revocation of Trust 5. If the Trustor revokes all or any part of the Trust, the Trustees shall transfer the applicable property in the 2 Trust Estate to the Trustor as soon as reasonably possible. The Trustees shall execute and deliver to the Trustor all instruments that are necessary or appropriate to convey the property interest to the Trustor. Distributions by Trustee 6. The Trustees shall pay to the Trustor all of the net income from the Trust Estate, if any. These distributions shall be made in monthly or other convenient installments unless otherwise directed in writing by the Trustor. Powers and Duties of Trustee • 7. The Trustees shall have the power to retain any property in the Trust for as long as permissible in accordance with the Trustees' duty to manage the trust property. The Trustees shall have this power whether or not such property is of the character permitted by the Texas Trust Code for the investment of trust funds . Management of Trust Property 8. The Trustees may exercise the following powers with respect to any of the property in the Trust Estate. These powers apply to principal or accumulated income of the Trust. The Trustees shall have the discretion to take the following actions at any time on the terms and in the manner as determined by the majority vote of the Trustee; provided, however, the Trustee 3 shall not have the power to and shall not perform any of the following unless and until the Trustor has consented to such action in writing: (a) Sell, convey, exchange, convert, grant an option, assign, improve, build, manage, operate, and control Trust property. (b) Partition, divide, subdivide, ,assign, develop, and improve Trust property. (c) make or obtain the vacation of plats, adjust boundaries, adjust differences in valuation on exchange or partition, and dedicate easements for public use, of Trust property, with or without consideration. (d) Make ordinary and extraordinary repairs and alterations in buildings, demolish improvements, raze party walls or buildings, and erect party walls or buildings on Trust property. (e) Lease property in the Trust Estate for terms within or beyond the term of the Trust and for any purpose, and enter into any covenants and agreements relating to the leased property or any improvements that may be erected on the property. (f) Encumber or hypothecate Trust property for any Trust purpose by mortgage, deed of trust, pledge, or. otherwise. (g) Carry insurance of the kinds and in amounts to protect the Trust Estate or the Trustees. 4 (h) Invest and reinvest in property that the Trustees deem advisable, including the option to acquire an asset, whether or not of the character permitted by Texas Trust Code for the investment of trust funds, specifically including, but not limited to, interests in any common trust fund or funds now in existence or to be established and administered by the Trustees solely for the investment of trust funds. (i) Vote and give proxies to vote any securities in the Trust Estate. (j) Pay any assessments or other charges levied on any stock or other security in the Trust Estate. (k) Exercise any subscription, conversion, or other rights or options that may attach to the holders of any stocks, bonds, securities, or other instruments in the Trust Estate. (1) Continue and operate, sell, or liquidate any business or partnership interests received by the Trust Estate. (m) Participate in any plans or proceedings for the foreclosure, reorganization, consolidation, merger, or liquidation of any corporation or organization that has issued securities in the Trust Estate and, incident to that participation, deposit securities with and transfer title of securities to any protective or other committee established to further or defeat any such plan or proceeding. (n) Enforce any mortgage or deed of trust or pledge in the Trust Estate and, at any sale under any such 5 mortgage, deed of trust, or pledge, bid and purchase at Trust expense any property subject to the security instrument. (o) Employ any attorney, investment adviser, accountant, broker, tax specialist, or any other agent, and pay reasonable compensation from the Trust Estate for all services performed by any of them. (p) Compromise, submit to arbitration, release with or without consideration, extend time for payment, and otherwise adjust any claims in favor of or against the Trust. (q) Commence or defend any litigation with respect to the Trust or any Trust property at the expense of the Trust. (r) Abandon any Trust asset that the Trustee deems advisable. (s) Do all acts, take part in any proceedings, and exercise all rights and privileges as could an absolute owner of property in the Trust Estate, subject to any limitations expressly set forth in this Agreement and the faithful performance of the Trustee's fiduciary obligations. The enumeration of powers in this Agreement shall not limit the _ general or implied powers of the Trustee or any additional powers provided by law. Manner of Holdinq Property 9. The Trustees shall hold all Trust Property in its name as Trustees under this Agreement. 6 Limitation on Trustees Liability 10. No Trustee appointed under this Agreement shall be liable for the action or default of the Trustee or the Trustee's agent, unless caused by gross negligence or willful commission of an act and breach of trust by the Trustee or the Trustee's agent. Bond 11. Bond shall not be required of the original Trustees or of any successor Trustees to secure faithful performance of the Trustees' duties. Appointment of successor Trustee 12. The Trustees under this Agreement shall be constituted and made up of the members of the Colleyville City Council, being the Mayor and places one through five. Upon the resignation, death, removal or expiration of the term of any person as a member of the Colleyville City Council, that person shall no longer serve as a Trustee under this Agreement and the successor to said person's position on the Colleyville City _ Council shall, upon qualifying as a member of the Colleyville City Council, become a Trustee under this Agreement. Rights and Powers of Successor Trustee 13. Any successor Trustee shall immediately succeed to the title of the Trustee and to all powers, rights, discretions, 7 obligations and immunities of the Trustees under this Agreement with the same effect as if the successor was originally named as the Trustee in this Agreement. Compensation of Trustee 14. The Trustees shall receive no compensation for its services under this Agreement. , Applicable Law 15. This Trust has been accepted by the Trustees in the State of Texas, will be administered by the Trustees in Texas, and the validity, construction, and all rights under this Agreement shall be governed by the laws of Texas. Severability 16. Should any provision of this Agreement be or become void, invalid, or unenforceable, the remaining provisions of this Agreement shall continue to be fully effective. Notices 17. Any notices or other communications required or permitted by this Agreement to be delivered to or served on the Trustees shall be deemed properly delivered to, served on, and received by the Trustees when personally delivered to the Trustees. However, in lieu of personal service, notice shall be deemed to be delivered when deposited in the United States mail, 8 certified mail with postage prepaid, addressed to the Trustees at 401 Oak Valley Drive, Colleyville, Texas 76034, or to the then current address of the initial Trustees or any successor Trustees . interpretative Clause 18. As used in this Agreement, the masculine, feminine or neuter gender, and the singular or plural number shall each be deemed to include the others whenever the context so indicates. Copies 19. Anyone may rely on a copy of this Agreement certified to be a true copy of this Agreement by a notary public to the same extent as if it were the original. Anyone may rely on any statement of fact certified by someone who appears to be the Trustee of this Trust from the original Agreement or a certified copy of the Agreement. A EXECUTED on the ~~~ day of , 1991, at Tarrant County, Texas. TRUSTOR ATTEST 1 Vada Johnson City Secretary City of Colleyville r: Chris Hawkins, Mayor 9 TRUSTEE ~~' li -/mat/ /~.~_~~ Chrs.s Hawkins, Mayor ~~~~ ~' ~~ C C~ Linda Ahlers ~ ~~ ,~~ ` Cheryl F.~igel r .~ Ed McKnig STATE OF TEXAS ; COUNTY OF TARR.ANT ` This i trume was acknowledged before me on the ~'JiI~ day of 1991, by Chris Hawkins, the Mayor of the City of Colleyville; Chris Hawkins, Linda Ahlers, Richard Newton, Steve McKain, Cheryl Feigel, and Ed McKnight. ~ ;...:....:~y,, r ~~ ~~ ~. ~'.~'~~, LaVaDll j01iNSON r ~~N: \ ~~M~ C01?r.~I:;SiON EXPIRES 1 ; .... ~, o '~,7;~. .-~trs I~.l;Cii ~ 1992 + ~ `~~,.~ ~ 10 ~-~ = 9~ ESHIBIT nA~~ The sum of $ a tp~, ~ /, .~~-- - QUITCLAIM DEED THE STATE OF TEXAS § KNOW ALL PERSONS BY COUNTY OF TARRANT § THESE PRESENTS: CITY OF COLLEYVILLE § That, the Bransford Park Land Trust, hereinafter referred to as "Grantor", for and in consideration of the sum of $10.00, and other good and valuable consideration, to Grantor in hand paid by City of Colleyville, Texas ahome-rule municipality organized under the laws of the State of Texas, hereinafter referred to as Grantee, the receipt of which is hereby acknowledged, has this day quitclaimed unto Grantee all of its right, title and interest, save and except a perpetual public floodplain and drainage easement, in the following described land (the "Property"), to-wit: All that certain parcel of land, lying and being situated in the County of Tarrant, State of Texas, more particularly described in Exhibit `A' and made a legal part hereof. TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns, forever. SIGNED AND EXECUTED this the day of GRANTOR: By: David Kelly, Trustee By: John Ayers, Trustee By: Stan Hall, Trustee By: Tom Hart, Trustee By: Mike Taylor, Trustee By: Carol Wollin, Trustee A.D., 2009. GRANTEE: CITY OF COLLEYVILLE, TEXAS By: Jennifer Fadden, City Manager ATTEST: Cynthia Singleton, City Secretary APPROVED AS TO FORM: Matthew C. G. Boyle, City Attorney STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned notary public, on this day personally appeared David Kelly, John Ayers, Stan Hall, Tom Hart, Mike Taylor, and Carol Wollin, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed and that they have the authority and power to enter into the foregoing instrument on behalf of the Bransford Park Land Trust. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 2009. Notary Public, State of Texas J:\MCGB\Colleyville\CO quitclaim BPLT Titan deed- (2).doc Date: ~ SPEAKER CARD I will spea to 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: _ OrdinancelResolution Number: ~ -~~ Name: a w, F,~~~) / ~~` ,[Y( ~t,l d ~ Address: /~~-,r~,a,e/~ ~~ City: ~ e ~__ State: ~~ Zip Code: G Telephone Number:~~yZ~irJ-.~'/~4fRepresenting: (or ization/self) 1 understand 1 am limited to speaking for five minutes. For business not li on the agenda as a Public Hearing, City Council will not respond in accordance with the T as Open Mee ' pter 551 o the Texas Local Government Code. Signed: ~7~~ ~-;% This i or tion is a Pu lic Record. i' Date • ~~ 2 ~ ~~ 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 Name• in Number: Ordina elResolution Number: _ Address: ~~~~ ,~~~~~ ~~~~~'~~d c` ` f ,C-~ City: ~~/~~~•yi~j~ State: ~`~ Zip Code: ~~' Telephone Number:~~ 7 ~ ~~~ ~ 5~~~ Representing: (organizatio /self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the T xas~ n Meetin s Law, Chapter 551 of the Texas Local Government Code. Signed• ~ information is a Public Record. Date: ~ ~- ~ "~ / 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: ~~i OrdinancelResolution Number: Name: Addres j `~~ /( City: l ~ w~ C~.- State:~_ Zip Code: Telephone Number: ~ - Representing: ._ (organization elf 1 unders~nd / a~ limited to speaking for five minutes. For business accordance with Signed: ~s a Public Hearing, City Council will not respond in Law, Chapter 551 of the Texas Local Government Code. This itt~ormation is a Public Record. Date: ~-~Cl~r Dq 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: Name: Addres City: (/r ~ 1p State: ~ Zip Code: ~ ~ Telephone Number:~7~-'~2~~~'D Representing: ~~f t' (organization/self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda accordance with tjf~ Text Opel Meetings Hearing, City Council will not respond in !er 551 of the Texas Local Government Code. Signed: ~~!~.~~1~ ~'( This information is a lic Record. i:i ' o/ T ~~a~ City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-09-1716 File Number: 0-09-1716 Version: 1 Requester: Office of the City Secretary File Type: Ordinance Agenda Date: 06/02/2009 Agenda No.: 5a Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent trafFc congestion at rail crossings Attachments: Certification of Petition to Initiate Legislation.pdf Correspondence between the City Attorney and Mr. Whitaker.pdf Correspondence between the City Attorney and Mr. Whitaker dated May 27, 2009.pdf Ordinance 0-09-1716.pdf Ordinance 0-09-1716B.pdf Ordinance 0-09-1716C.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council 1 05/19/2009 City Council 1 06/02/2009 City Council Title Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering. the rail bed to prevent traffic congestion at rail crossings Explanation Update Mr. Christopher Whitaker, who submitted the petition and original ordinance to the City Secretary on April 21, 2009, has submitted a third Ordinance 0-09-1716C to the City Attorney. The third ordinance is included for City Council consideration, as well as the original and second Ordinance 0-09-17166. Correspondence between the City Attorney and Mr. Whitaker regarding Ordinance 0-09-1716C is attached. During the May 19, 2009 City Council meeting, one citizen spoke in favor of the proposed ordinance and one citizen spoke in opposition to the proposed ordinance. Second Reading and Public Hearing During the May 5, 2009 City Council meeting, one citizen spoke in favor of the proposed ordinance and one citizen registered support of the proposed ordinance. Mr. Christopher Whitaker, who submitted the petition and original ordinance to the City Secretary on April 21, 2009, has submitted an additional ordinance to the City Attorney. The City of Colleyville Page 1 Printed on 5/28/2009 Agenda Briefing Continued (0-09-1716) additional ordinance is included for City Council consideration, as well as the original ordinance. Correspondence between the City Attorney and Mr. Whitaker regarding the additional ordinance is attached. First Reading and Public Hearing On April 21, 2009, a citizen petition for an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion, was filed with the City Secretary. In accordance with the City Charter, within ten (10) days from the filing of such petition, the City Secretary shall examine the same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters... and he shall attach to said petition a certificate showing the result of such examination. At the next regular City Council meeting after the filing of such a petition, the person performing the duties of City Secretary shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation of the petition and draft of proposed ordinance or resolution, the City Council shall pass and adopt such ordinance or resolution as provided in Article 111 of the Charter, without alteration as to meaning or effect in the opinion of the person filing the petition, or call a special election, as provided by law, at which the qualified voters of the City shall vote on the questions of adopting or rejecting the proposed legislation. On April 27, 2009, the City Secretary certified the petition was signed by the requisite number of qualified voters. City of Colleyville Page 2 Printed on 5/28/2009 CERTIFICATION OF PETITION TO INITIATE LEGISLATION From: City Secretary: As the authority responsible pursuant to the Colleyville City Charter for examining the Petition to Initiate Legislation, I hereby certify that the Petition is signed by the requisite number of qualified voters, at least forty percent (40%) of the number of votes cast at the last regular municipal election of the City, and no less than five hundred petitioners. C~fithia~ingleton, City Secr o~'`~ 2009 (Seal) D e of signing Correspondence between the City Attorney and Mr. Whitaker From: M. Christopher Whitaker Sent: Tuesday, May 12, 2009 9:55 AM To: 'Matthew Boyle' Cc: Jennifer Fadden Subject: RE: Revised initiative I just wanted to make sure this was OK. I can send it if this is acceptable? 1 have modified it to adjust for the issues you raised and to make sure no new taxes arise as is now being alleged. This should be addressed and funded by the T and state as it is them executing the taking. My home value has dropped $30k because of the rail issue. This is contrary to the appraisal district valuation. Chris Whitaker From: Matthew Boyle Sent: Tuesda May 12, 200 5 AM To: ~ Cc: Jennifer Fadden Subject: Revised initiative Mr. Whitaker, It looks like your original email was caught in spam. Did you intend to include attachments? Thanks. Matthew C. G. Boyle HOYLE & LOWRY, L.L.P. 4201 Wingren Plaza, Suite 108 Irving, Texas 75062 (972) 650-7104 Office (972) 650-7105 Facsimile From: SPAM Sent: Tuesday, May 12, 2009 6:46 AM To: Matthew Boyle Subject: F1N. - Revised initiative From: M. Christopher Whitaker Sent: Friday, May 08, 2009 11:34 AM To: Matthew Boyle Subject: Revised initiative I have completed what we felt necessary to address the resolution and the ordinance. As the original filer, I wish to submit these in accordance with the city charter meaning without alteration as to meaning or effect in the opinion of the person filing the petition. You had previously represented to your client that items two (2) and (4) of the ordinance might not be enforceable by the city and that the resolution included reference to an misidentified prior resolution. As a novice in this arena, I believe I have corrected these without alteration as to meaning or effect of the petitions. While I hold this belief, I wish to submit them to you only at this time for determination as to whether the corrections are sufficient in your client's opinion as to the enforceability of the ordinance and accuracy of the numeration of the prior ordinance. I reserve the right to modify the petitions in accordance with the city charter. Is this an acceptable proposal to initiate this exchange? M. Christopher Whitaker Board Certified Texas Board of Legal Specialization John R. Salazar, P.C. 8100 John Carpenter Freeway Suite 200 Dallas, Texas 75247 214-696-5292 Fax: 214-943-3393 n~. ~~ ~~ .. _._ Correspondence between the City Attorney and Mr. Whitaker dated May 27, 2009 From: M. Christopher Whitaker Sent: Wednesday, May 27, 2009 12:11 PM To: Matthew Boyle Subject: Iniatives Please find the ordiance attached. As the filer of the voter initiative, I am submitting the updated resolution without alteration as to meaning or effect in the opinion of the person filing the petition. Additionally, as the filer of the voter initiative, I am submitting the updated ordinance without alteration as to meaning or effect in the opinion of the person filing the petition. Please submit these to the City Secretary for presentation to the Council at the next meeting. M. Christopher Whitaker Board Cerfitred Texas Board of Legal Specialization John R. Salazar, P.C. 8100 John Carpenter Freeway Suite 200 Dallas, Texas 75247 214-696-5292 Fax: 214-943-3393 ORDINANCE 0-09-1716 AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE_ AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Colleyville supports regional efforts to address the mobility and air quality needs of the citizens of North Texas; and WHEREAS, the Colleyville Commuter Rail Citizen Committee (CCRCC) investigated the possibility of commuter rail and freight rail through the City of Colleyville and establishment of a commuter rail station in the City of Colleyville; and WHEREAS, the Draft Environmental Impact Study (DEIS) of the Southwest to Northeast Commuter Rail (SWNECR) project focused entirely on commuter rail and did not include examination of negative impacts of freight traffic in the City of Colleyville while specifically providing freight traffic would use the rail line; and WHEREAS, the Cottonbelt Railroad affected within the City of Colleyville is an antiquated railroad which has very little rail freight traffic consisting oflow-speed, empty freight cars and has the occasional tourist Tarantula Train; and WHEREAS, many citizens of the City of Colleyville purchased their homes with the understanding this was the only type of rail traffic traveling the railroad; and WHEREAS, the railroad affected within the City of Colleyville will require complete reconstruction of the railroad to carry any type of train that travels over twenty-five miles-per-hour or is fully loaded; and WHEREAS, the Cottonbelt Railroad does have a significant impact on the community since it limits roadway interconnectivity between residential neighborhoods as there are three locations in the City of Colleyville where railroad crosses existing roads: one at Bransford Road a second at Pleasant Run Road and the third at John McCain Road and the DEIS noted traffic congestion would increase on the roadways in the City of Colleyville with the reconstruction of the railroad; and WHEREAS, the CCRCC noted areas of focus of impact should a station be completed in the City of Colleyville included public safety, noise, pollution, property values, traffic congestion, crime, station location and design, and total cost and noted areas of focus of impact should commuter rail operation commence as outlined in the DEIS in the City of Colleyville included public safety, noise, pollution, property values, and traffic congestion; and WHEREAS, the City of Colleyville deems it necessary for the purpose of promoting the health safety morals or general welfare of the City to enact a rail ordinance; and WHEREAS, the City of Colleyville deems it necessary to enact said ordinance to eliminate or reduce an essentially local safety or security hazard, and it is not incompatible with a law, regulation, or order of the United States Government, and it does not unreasonably burden interstate commerce; and WHEREAS, the City of Colleyville deems it necessary for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development; and WHEREAS, the City of Colleyville is established as under its Texas home rule charter; WHEREAS, the people of the City of Colleyville reserve the power of direct legislation by initiative and have properly petitioned under the City of Colleyville Charter 6.02. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied herein in their entirety. Sec. 2. THAT the construction of any rail station or rail stop is prohibited in the City of Colleyville. Sec. 3. THAT the City of Colleyville will not provide funds for the construction, maintenance, or operation of a rail stop or rail station. Sec. 4. THAT the reconstruction of the Cottonbelt for purposes of carrying commuter rail shall consist of construction of a rail bed at the City of Colleyville's three road crossings that is lowered below the surface grade so that the railway is underground and shall also consist of construction of overpasses for the three road crossings at for Bransford Road, Pleasant Run Road, and John McCain Road. 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 be construed in accordance with the City Code(s) in effect on the date of passage of this ordinance to the extent that such Code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas, subject to the city's ongoing authority to adopt reasonable regulations to manage its public rights-of--way pursuant to the construction in public rights-of--way ordinance. Municipal consents entered into pursuant to this division are performable in Tarrant County, Texas. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT the effective date of this Ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. Ordinance 0-09-1716 Page 5 of 5 The first reading and public hearing being conducted on the 5t" day of May 2009. The second reading and public hearing being conducted on the 19th day of May 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 ORDINANCE 0-09-1716B AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE_____~__ AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Colleyville supports regional efforts to address the mobility and air quality needs of the citizens of North Texas; and WHEREAS, the Colleyville Commuter Rail Citizen Committee (CCRCC) investigated the possibility of commuter rail and freight rail through the City of Colleyville and establishment of a commuter rail station in the City of Colleyville; and WHEREAS, the Draft Environmental Impact Study (DEIS) of the Southwest to Northeast Commuter Rail (SWNECR) project focused entirely on commuter rail and did not include examination of negative impacts of freight traffic in the City of Colleyvillc while specifically providing freight traffic would use the rail line; and WHEREAS, the Cottonbelt Railroad affected within the City of Colleyville is an antiquated railroad which has very little rail freight traffic consisting oflow-speed, empty freight cars and has the occasional tourist Tarantula Train; and WHEREAS, many citizens of the City of Colleyville purchased their homes with the understanding this was the only type of rail traffic traveling the railroad; and WHEREAS, the railroad affected within the City of Colleyville will require complete reconstruction of the railroad to carry any type of train that travels over twenty-five miles-per-hour or is fully loaded; and WHEREAS, the Cottonbelt Railroad does have a significant impact on the community since it limits roadway interconnectivity between residential neighborhoods as there are three locations in the City of Colleyville where railroad crosses existing roads: one at Bransford. Road a second at Pleasant Run Road and the third at John McCain Road and the DEIS noted traffic congestion would increase on the roadways in the City of Colleyville with the reconstruction ofthc railroad; and WHEREAS, the CCRCC noted areas of focus of impact should a station be completed in the City of Colleyville included public safety, noise, pollution, property values, traffic congestion, crime, station location and design, and total cost and noted areas of focus of impact should commuter rail operation commence as outlined in the DEIS in the City of Colleyville included public safety, noise, pollution, property values, and traffic congestion; and WHEREAS, the City of Colleyville deems it necessary for the purpose of promoting the health safety morals or general welfare of the City to enact a rail ordinance; and WHEREAS, the City of Colleyville deems it necessary to enact said ordinance to eliminate or reduce an essentially local safety or security hazard, and it is not incompatible with a law, regulation, or order of the United States Government, and it does not unreasonably burden interstate commerce; and WHEREAS, the City of Colleyville deems it necessary for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development; and WHEREAS, the City of Colleyville is established as under its Texas home rule charter; WHEREAS, the people of the City of Colleyville reserve the power of direct legislation by initiative and have properly petitioned under the City of Colleyville Charter 6.02. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied herein in their entirety. Sec. 2. THAT, to the extent the City of Colleyville has any right or authority to prohibit a station, the construction of any rail station or rail stop is prohibited in the City of Colleyville. Sec. 3. THAT the City of Colleyville will not provide funds for the construction, maintenance, or operation of a rail stop or rail station. Sec. 4. THAT, to the extent the City of Colleyville has any right or authority to require it, while not increasing taxes and not implementing new taxes to fund this reconstruction and not expending City of Colleyville funds fn this recnn.rtruction, the reconstruction of the Cottonbelt for purposes of carrying commuter rail shall consist of construction of a rail bed at the City of Colleyville's three road crossings that is lowered below the surface grade so that the railway is below surface level, whether open or a tunnel, and shall also consist of construction of overpasses for the three road crossings at Bransford Road, Pleasant Run Road, and John McCain Road. 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 be construed in accordance with the City Code(s) in effect on the date of passage of this ordinance to the extent that such Code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas, subject to the city's ongoing authority to adopt reasonable regulations to manage its public rights-of--way pursuant to the construction in pttblic rights-of--way ordinance. Municipal consents entered into pursuant to this division are performable in Tarrant County, Texas. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT the effective date of this Ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. Ordinance 0-09-17166 Page 5 of 5 The first reading and public hearing being conducted on the 5th day of May 2009. The second reading and public hearing being conducted on the 19th day of May 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 ORDINANCE 0-09-1716C AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Colleyville supports regional efforts to address the mobility and air quality needs of the citizens of North Texas; and WHEREAS, the Colleyville Commuter Rail Citizen Committee (CCRCC) investigated the possibility of commuter rail and freight rail through the City of Colleyville and establishment of a commuter rail station in the City of Colleyville; and WHEREAS, the Draft Environmental Impact Study (DEIS) of the Southwest to Northeast Commuter Rail (SWNECR) project focused entirely on commuter rail and did not include examination of negative impacts of freight traffic in the City of Colleyville while specifically providing freight traffic would use the rail line; and WHEREAS, the Cottonbelt Railroad affected within the City of Colleyville is an antiquated railroad which has very little rail freight traffic consisting oflow-speed, empty freight cars and has the occasional tourist Tarantula Train; and WHEREAS, many citizens of the City of Colleyville purchased their homes with the understanding this was the only type ofrail traffic traveling the railroad; and WHEREAS, the railroad affected within the City of Colleyville will require complete reconstruction of the railroad to carry any type of train that travels over twenty-five miles-per-hour or is fully loaded; and WHEREAS, the CCRCC noted areas of focus of impact should a station be completed in the City of Colleyville included public safety, noise, pollution, property values, traffic congestion, crime, station location and design, and total cost and noted areas of focus of impact should commuter rail operation commence as outlined in the DEIS in the City of Colleyville included public safety, noise, pollution, property values, and traffic congestion; and WHEREAS, the City of Colleyville deems it necessary for the purpose of promoting the health safety morals or general welfare of the City to enact a rail ordinance; and WHEREAS, the City of Colleyville deems it necessary to enact said ordinance to eliminate or reduce an essentially local safety or security hazard, and it is not incompatible with a law, regulation, or order of the United States Government, and it does not unreasonably burden interstate commerce; and WHEREAS, the City of Colleyville deems it necessary for the purpose of mitigating the adverse effects ofrail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development; and WHEREAS, the City of Colleyville is established as under its Texas home rule charter; WHEREAS, the people of the City of Colleyville reserve the power of direct legislation by initiative and have properly petitioned under the City of Colleyville Charter 6.02. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied herein in their entirety. Sec. 2. THAT, to the extent the City of Colleyville has any right or authority to prohibit a station, the construction of any rail station or rail stop is prohibited in the City of Colleyville. Sec. 3. THAT the City of Colleyville will not provide funds for the construction, maintenance, or operation of a rail stop or rail station. 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 be construed in accordance with the City Code(s) in effect on the date of passage of this ordinance to the extent that such Code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas, subject to the city's ongoing authority to adopt reasonable regulations to manage its public rights-of--way pursuant to the construction in public rights-of--way ordinance. Municipal consents entered into pursuant to this division are performable in Tarrant County, Texas. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT the effective date of this Ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. Ordinance 0-09-1716C Page 4 of 4 The first reading and public hearing being conducted on the 5th day of May 2009. The second reading and public hearing being conducted on the 19th day of May 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 y` ' t1/ City of Colleyville 100 Main Street E~3 Colleyville, Texas 76034 r.xati Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1718 File Number: 0-09-1718 Version: 1 Requester: Office of the City Manager File Type: Ordinance Agenda Date: 06/02/2009 Agenda No.: 5b Final Action: File Name: Approval to amend Ordinance 0-08-1701 regarding the existing gas franchise between the City and Atmos Energy, Section 19 Payments to the City Attachments: Ordinance 0-09-1718.pdf History of Legislative File Version: Date: Acting Body: Action Text: 05/19/2009 City Council 06/02/2009 City Council Title Approval to amend Ordinance 0-08-1701 regarding the existing gas franchise between the City and Atmos Energy, Section 19 Payments to the City Explanation Second Reading and Public Hearing Mary Jean Maloney, Manager of Public Affairs, Atmos Energy Corporation, spoke in favor of the amendment at the May 19, 2009 meeting. First Reading and Public Hearing On December 2, 2008, City Council approved Ordinance 0-08-1701 granting a 15-year franchise to Atmos Energy Corporation, and its successors and assigns to furnish and supply gas to the general public in the City of Colleyville. In negotiating the franchise, Atmos suggested the payment terms be changed from the City receiving an annual payment to receiving quarterly payments. This change was incorporated into the franchise and approved in Ordinance 0-08-1701. However, due to accounting and audit policies, the City will not be able to retain and/or defer the funds within the fiscal year when paid quarterly. Staff discussed the accounting challenges with Atmos Energy and Atmos has agreed to amend the ordinance, with City Council approval, to return to annual payments. Approval of this ordinance amends only Section 19, Payments. Financial Impact It has been determined that receipt of annual payments from Atmos Energy will allow staff to project annual revenues and retain the funds within the fiscal year. Additionally, Status: Second Reading Controlling Body: City Council City of Colleyville Page 1 Printed on 5/26/2009 Agenda Briefing Continued (0-09-1718) Ordinance 0-08-1701 approved a 1 % franchise fee increase which Atmos will pay within this fiscal year, Fiscal Year 2009. Recommendation Approval City of Colleyville Page 2 Printed on 5/26/2009 ORDINANCE 0-09-1718 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING ORDINANCE 0-08-1701, THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND ATMOS ENERGY CORPORATION, A TEXAS AND VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO PROVIDE FOR A DIFFERENT PAYMENT DATE, BASIS PERIOD, AND PRIVILEGE PERIOD; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ACCEPTANCE BY ATMOS ENERGY CORPORATION WHEREAS, the City of Colleyville City Council ("City") approved Ordinance 0-08-1701, a franchise agreement with Atmos Energy Corporation ("Atmos Energy") wherein payments would take place on a quarterly basis following the privilege and basis quarter; and WHEREAS, the City desires to amend said Ordinance to provide for a different payment date, annual basis period, and annual privilege period. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT subsection 19(A) of Ordinance 0-08-1701 is hereby deleted in its entirety and the following is substituted therefore: "Sec. 19. Payments to the City (A) In consideration of the privilege and license granted by City to Company to use and occupy the public rights-of-way in the City for the conduct of its business, Company, its successors and assigns, agrees to pay and City agrees to accept such franchise fees in the amount and manner described herein. Except as provided for in subsection (B) of this section, such payments shall be made on an annual basis, on or before the 1st day of April, 2009, and on or before the same day of each succeeding year during the life of this franchise, the last payment being made on the 1st day of April, 2023 for the privilege period of calendar year 2023. The franchise fee shall be a sum of money that shall be equivalent to five percent (5%) of the gross revenues, as defined in the definition section of this franchise, received by Company during the preceding calendar year." Sec. 2. THAT in all respects, except as specifically and expressly amended herein, Ordinance 0-08-1701 shall remain in full force and effect according to its terms until said Ordinance terminates as provided therein. This amendment will not result in any loss of revenue to the City. Ordinance 0-09-1718 Page 2 of 2 Sec. 3. THAT Atmos Energy shall file with the City Secretary its written acceptance of this amendment within sixty (60) days after its final passage and approval by City. If Atmos Energy does not file such written acceptance of this amendment, it shall be rendered null and void. Sec. 4. THAT this Ordinance shall not be recorded in length in the minutes of the City Council, but shall be filed for permanent record in the Office of the City Secretary. Sec. 5. THAT if Atmos Energy accepts this ordinance, it becomes effective as of April 1, 2009. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2009. day of The second reading and public hearing being conducted on the day of 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney ~, ~~ City Hall ,~z City of Colleyville 100 Main Street r Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1719 File Number: 0-09-1719 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 06/02/2009 Agenda No.: 5c Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of amendments to Chapter 7 -Sign Regulations of the Land Development Code regarding electronic signs, Case G-09-006 Attachments: Location of Existing Electronic Signs Area City Electronic Message Sign Survey -October 2007 Proposed Amendments to Sign Regulations Ordinance 0-09-1719 History of Legislative File Version: Date: Acting Body: Action Text: 05/19/2009 City Council 06/02/2009 City Council Title Approval of amendments to Chapter 7 -Sign Regulations of the Land Development Code regarding electronic signs, Case G-09-006 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the May 19, 2009 meeting. First Reading and Public Hearing The item was presented to the City Council as a Pre Council item on May 5, 2009. Based on discussion of the proposed amendments, staff has drafted the final proposed changes to the electronic sign regulations for City Council consideration. In October 2007, City Council directed the Sign Board of Appeals (SBA) to examine the electronic sign regulations located within Chapter 7, Sign Regulations of the Land Development Code. At the SBA meeting held in December 2007, the Board made the following recommendations with regard to the existing electronic sign regulations: 1. Increase the message change frequency to once every 24 hours from once every five minutes. 2. Create a time and temperature sign change interval to once every 3 seconds. There is currently no interval requirement. City of Colleyville Page 1 Printed on 5/26/2009 Agenda Briefing Continued (0-09-1719) In December 2008, City Council approved, by resolution, an appeal to an SBA decision regarding the operation of an electronic sign. The approved action allowed the owner to change sign messages at a minimum of once every 10 seconds. The Land Development Code currently requires a five minute minimum. Based on comments received at the May 5, 2009 Pre Council meeting, staff proposes the following changes to the current electronic sign regulations: Section 7-130 General Conditions Applicable to All Signs would be revised to read as follows: "K. Electronic Message Signs Along State Highways: Electronic signs placed along state highways shall be allowed to change messages at a minimum of once every ten (10) seconds. The display of time and/or temperature may change at an interval of every three (3) seconds. Only one electronic sign shall be allowed per property. These provisions shall only be considered for commercial and institutional signs that are located on properties adjacent to Precinct Line Road, State Highway 26, or State Highway 121." Section 7-215 Prohibited Signs would also be amended to reflect the above changes to the electronic sign policy, if approved by City Council. Staff recommends that subsection (H) read as follows: "H. Moving and Flashing Signs - No person shall erect or allow to be displayed upon premises owned or controlled, any illuminated, animated, moving or flashing sign. Exception: Except where provided by Section 7-130 K of this chapter, only a sign, which has illumination, that is turned on and off, changes in light intensity, color or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature only, shall not constitute a flashing sign." In addition to the draft ordinance, the proposed amendments to the electronic sign regulations are also attached with "mark-ups". Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Co/leyville Page 2 Printed on 5/26/2009 t (/~ c w ~ c~a z ~ .~ -p as ~ N-~ c .~ ~ ~_ ~ ~ t O U ~, J i '~ ~ ~C 'a ,11 ~ ~^ ~ ~ ~ O J t~ `~ ~ +r ~1 i ' ~ ~ ~ ~ L ~ N `'" ~ Q~ ~ Jett: ~ ~ W ~ U ~ J ~+ ~ N to = ~ ^~u ~. OQ_ W ~' ~~ II~ IN tali V ~tiOS, ~ U O N /' ~l ~, C= s W '~ m ~ .U L d C C 7 ~ _ A `_ ~~ C r O m ~~ V _ ++ ~ ~ V ~ l ~ LJ. J ~ N v_ o w +~+~10 d~ Q in J N ~ N ~. o o ~ c 's . ~ .N 'U o E ~ ~ m _~ U w ~ ~ O ~`L w w M~ W O .Q V Area City Electronic Message Sign Survey -October 2007 Electronic Message Sign Type Flashing or Scrolling Message TimelTemp Specific -0ther Sign Allowed Blinking OK OK Change Frequency Iluminatlon Provisions of Allowed? Frequency Standards Note , Coppell - ' `- NO N/A N/A N/A N/A N/A N/A N/A Allowed only in Flower,Mound YES Monument NO YES 15 Seconds 15 Seconds NO Non-residential , Signs Minimum Minimum districts and on high school sites. Monument 15 Seconds Allowed in Frisco YES and Wall NO NO Minimum; 24 3 Seconds NO Multifamily, Signs hours for Wall Minimum Religious and Signs Business districts Monument, Grapevine- YES Pole and NO YES 15 Seconds 15 Seconds NO No district Wall Signs Minimum Minimum provisions Monument, Messages not 6 Seconds Time and Temp is Hurst YES Pole and NO YES allowed Minimum NO only allowed in a Wall Signs PD district *Signs are approved on a Keller YES* - - - - - - case by case basis through a zoning site plan process Monument Allowed in ansfield YES and Wall NO YES 10 Seconds 10 Seconds Lamps cannot Commercial Signs Minimum Minimum exceed 50 watts Districts and for all institutional uses Signs within 100 Unless a school Monument, feet of single use, signs are only North Richland Hills YES Pole and NO NO 5 Seconds 5 Seconds family must be allowed in a Watl Signs Minimum Minimum shielded so as Freeway Overlay to not shine onto Zone. homes Signs within 150 feet of single Plano YES All Sign NO NO 30 Minute No interval family must not shine onto - Types Minimum requirements homes and cannot exceed 40 watts Minimum 6 Signs only allowed Institutional inches of sign for institutional - and Gasoline 24 Hour structure must uses or to show aS.outhlake YES Monument NO NO Minimum prohibited surround sign gas prices. Signs only face in order to Otherwise they are direct prohibited. illumination Monument 20 Seconds 3 Seconds 300 Foot-Candle Signs are allowed ,Bedford YES and Pole NO YES for business and Signs Minimum Minimum Maximum institutional uses Monument Illuminated signs Signs are allowed Colleyville YES and Freeway NO NO 5 Minute No interval cannot project for business and Pole Signs Minimum requirements across property institutional uses lines Proposed Amendments to Sign Regulations The following general conditions shall be applicable to all signs, except where a provision contained elsewhere in this Chapter specifies a different requirement. A. Compliance Required - No person, firm or corporation shall erect a new sign, or alter an existing sign, or sign structure, unless said sign conforms to the provisions of this Chapter. B. Sian Area - No sign shall exceed the maximum area provided for in this Chapter. The sign area permitted in this Chapter shall apply to the maximum size of a single sign face, except where a provision allows an alternate method for calculating sign area. When the two faces of a sign are separated by an angle of twenty (20) degrees or more, the maximum sign area shall be the total of all non-parallel sign faces. C. On-Premises Requirement -All signs shall be located on the same premises where the product or merchandise being advertised is located, except where a specific provision in this Chapter provides for off-premises advertising. D. Maximum Height - No sign shall exceed the maximum height provided for in this Chapter. In determining the maximum height of a sign, no sign shall be located on a mound where the surrounding grade has been altered by more than eighteen (18") inches for purposes of artificially increasing the overall height of a sign above that allowed by the height regulations in this Chapter. E. Wind Pressure and Dead Load Requirements -All permanent signs shall be designed and constructed to withstand a wind pressure of not less than 35 pounds per square foot of area. F. Sian Contractor Registration - It shall be unlawful for any person, firm or corporation to engage in the business of erecting permanent signs in the city unless such person, firm or corporation is the holder of a valid registration with the City to perform such work. In extending the rights and privileges of such registration, the City of Colleyville makes no statement of the technical competency of those registered, and no manner of license is proffered. G. Engineering Reauirements and Construction Standards -The construction of all signs shall comply with the structural requirements of the City of Colleyville Building Code. Where required by the enforcement official, the construction plans shall be signed and sealed by a professional engineer registered in the State of Texas. Any electrical installations shall comply with the City of Colleyville Electrical Code. No unfinished metal shall be allowed on the exterior surface of a sign or sign support. H. Signs in Right-of-Way Prohibited - No sign shall be erected in, extend into or over, a public right-of-way, except where a provision in this Chapter allows such location, or with the approval by the City Council of aRight-of--Way Encroachment Agreement. I. Interference with Safety Provisions - No sign shall be erected in such a manner that any portion of its surface or supports will interfere with the free ingress or egress of any fire escape, exit, standpipe, or window, or obstruct any required ventilator or door stairway. J. Illumination -Illumination of a sign shall only be allowed where a provision contained in this Chapter allows illumination for a specific sign classification or construction type. No sign located in a residential zoning district shall be illuminated, except where illumination is provided by a provision in this Chapter. Such sign illumination shall not produce glare or direct illumination across the property lines of the premises. Proposed Amendments to Sign Regulations K Electronic Message Signs Along State Highways: Electronic signs placed along state highways shall be allowed to change messages at a minimum of every ten (10) seconds. The display of time and/or temperature may change at an interval of every three (3) seconds. Only one electronic sign shall be allowed per property. These provisions shall only be considered for commercial and institutional signs that are located on properties adjacent to Precinct Line Road, State Highway 26, or State Highway 121. 14L. Loss of Reauired Parking - No sign shall be constructed within the limits of a parking area that results in a reduction in the number of required parking spaces. ~M. Signs in Planned Unit Developments and property with a Special Use Permit -All signs shall comply with the regulations in this Chapter, unless an ordinance for a Planned Unit Development (PUD) or a Special Use Permit (SUP) contains a provision that authorizes a variation from the regulations in this Chapter. . -• • The signs described in this Section shall be prohibited within the corporate limits of the City of Colleyville. A. Off-Premises Signs -Off premises signs, including billboards, are prohibited in the City of Colleyville, except where specifically allowed by these regulations. B. Obscene Signs - It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter. C. Portable Signs - No person shall erect or allow to be displayed on the premises owned or controlled by him a portable sign. No person shall attach any sign to a trailer, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. A temporary sign allowed by these regulations may be constructed on skids where there is no opportunity for the sign supports to be installed in the ground. D. Vehicle Signs - No vehicle containing a sign that is large enough to be discernable from a public right-of-way shall be parked within forty (40) feet of a public right-of-way where the intended purpose is its use as a sign for the subject matter displayed on the vehicle. E. Roof Sign -Signs mounted on roofs or above a parapet are not permitted. F. Painting Marking Attaching Materials to Streets Sidewalks, etc. - No person shall attach any sign, whether consisting of paper, plastic, or paint, or stencil or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, whether public or private, utility pole, public building, fence or structure except as allowed by the sign code. G. Attaching Signs to Fences or Utility Poles - No person shall attach a sign to a fence or a utility pole, except a small sign identifying the name of the fence company not discernable from the street. H. Moving and Flashing Signs - No person shall erect or allow to be displayed upon premises owned or controlled b any illuminated, animated, moving or flashing sign. Exception: Except where provided in Section 7-130 K of this chapter, only a sign, which has Proposed Amendments to Sign Regulations illumination, that is turned on and off, changes in light intensity, color or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature only, shall not constitute a flashing sign. I. Balloons and Inflatable Advertising - No person shall erect or allow to be displayed as a sign, any balloon, flag, pennant or other floating or inflatable advertising device anchored to the ground or to any other structure, except as allowed by a grand opening sign permit. J. Non-Combustible Material -Any sign with either direct or indirect illumination which is attached to the sign shall be constructed of non-combustible materials. Such signs shall be supported by non-combustible supports. K. Simulation of Traffic Control Signs - No sign shall obstruct the free and clear vision at any location, where as a result of the position, size, movement, shape, color, fashion, manner or intensity of illumination or any other characteristics, such sign may interfere with vehicular or pedestrian traffic. Nor shall any person erect or allow to be displayed upon premises owned or controlled by him any sign in such a manner as to interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal, or device, including, without limitation, signs making use of the words "stop," "go," "look," "slow," "danger," or any other similar word, phrase, symbol or character, or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. L. Non-Defined Signs - No person shall erect or allow to be displayed upon premises owned or controlled by him any sign that is not specifically allowed by this Chapter. ORDINANCE 0-09-1719 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 7, SIGN REGULATIONS, SECTIONS 7-130 AND 7-215, 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 electronic signs; 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 7, Sign Regulations, Sections 7-130 and 7-215, 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 0-09-1719 Page 2 of 2 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 Exhibit "A" The following general conditions shall be applicable to all signs, except where a provision contained elsewhere in this Chapter specifies a different requirement. A. Compliance Required - No person, firm or corporation shall erect a new sign, or alter an existing sign, or sign structure, unless said sign conforms to the provisions of this Chapter. B. Sign Area - No sign shall exceed the maximum area provided for in this Chapter. The sign area permitted in this Chapter shall apply to the maximum size of a single sign face, except where a provision allows an alternate method for calculating sign area. When the two faces of a sign are separated by an angle of twenty (20) degrees or more, the maximum sign area shall be the total of all non-parallel sign faces. C. On-Premises Reauirement -All signs shall be located on the same premises where the product or merchandise being advertised is located, except where a specific provision in this Chapter provides for off-premises advertising. D. Maximum Height - No sign shall exceed the maximum height provided for in this Chapter. In determining the maximum height of a sign, no sign shall be located on a mound where the surrounding grade has been altered by more than eighteen (18") inches for purposes of artificially increasing the overall height of a sign above that allowed by the height regulations in this Chapter. E. Wind Pressure and Dead Load Requirements -All permanent signs shall be designed and constructed to withstand a wind pressure of not less than 35 pounds per square foot of area. F. Sign Contractor Registration - It shall be unlawful for any person, firm or corporation to engage in the business of erecting permanent signs in the city unless such person, firm or corporation is the holder of a valid registration with the City to perform such work. In extending the rights and privileges of such registration, the City of Colleyville makes no statement of the technical competency of those registered, and no manner of license is proffered. G. Engineering Requirements and Construction Standards -The construction of all signs shall comply with the structural requirements of the City of Colleyville Building Code. Where required by the enforcement official, the construction plans shall be signed and sealed by a professional engineer registered in the State of Texas. Any electrical installations shall comply with the City of Colleyville Electrical Code. No unfinished metal shall be allowed on the exterior surface of a sign or sign support. H. Signs in Right-of-Way Prohibited - No sign shall be erected in, extend into or over, a public right-of-way, except where a provision in this Chapter allows such location, or with the approval by the City Council of a Right-of-Way Encroachment Agreement. I. Interference with Safety Provisions - No sign shall be erected in such a manner that any portion of its surface or supports will interfere with the free ingress or egress of any fire escape, exit, standpipe, or window, or obstruct any required ventilator or door stairway. J. Illumination -Illumination of a sign shall only be allowed where a provision contained in this Chapter allows illumination for a specific sign classification or construction type. No sign located in a residential zoning district shall be illuminated, except where illumination is provided by a provision in this Chapter. Such sign illumination shall not produce glare or direct illumination across the property lines of the premises. K. Electronic Message Signs Along State Highways -Electronic signs placed along state highways shall be allowed to change messages at a minimum of every ten (10) seconds. The display of time and/or temperature may change at an interval of every three (3) seconds. Only one electronic sign shall be allowed per property. These provisions shall only be considered for commercial and institutional signs that are located on properties adjacent to Precinct Line Road, State Highway 26, or State Highway 121. ~L. Loss of Reauired Parking - No sign shall be constructed within the limits of a parking area that results in a reduction in the number of required parking spaces. ~M. Signs in Planned Unit Developments and oroperty with a Soecial Use Permit -All signs shall comply with the regulations in this Chapter, unless an ordinance for a Planned Unit Development (PUD) or a Special Use Permit (SUP) contains a provision that authorizes a variation from the regulations in this Chapter. . -. The signs described in this Section shall be prohibited within the corporate limits of the City of Colleyville. A. Off-Premises Signs -Off premises signs, including billboards, are prohibited in the City of Colleyville, except where specifically allowed by these regulations. B. Obscene Signs - It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter. C. Portable Signs - No person shall erect or allow to be displayed on the premises owned or controlled by him a portable sign. No person shall attach any sign to a trailer, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. A temporary sign allowed by these regulations may be constructed on skids where there is no opportunity for the sign supports to be installed in the ground. D. Vehicle Sians - No vehicle containing a sign that is large enough to be discernable from a public right-of-way shall be parked within forty (40) feet of a public right-of-way where the intended purpose is its use as a sign for the subject matter displayed on the vehicle. E. Roof Sian -Signs mounted on roofs or above a parapet are not permitted. F. Painting Marking Attaching Materials to Streets. Sidewalks, etc. - No person shall attach any sign, whether consisting of paper, plastic, or paint, or stencil or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, whether public or private, utility pole, public building, fence or structure except as allowed by the sign code. G. Attaching Signs to Fences or Utility Poles - No person shall attach a sign to a fence or a utility pole, except a small sign identifying the name of the fence company not discernable from the street. H. Moving and Flashing Signs - No person shall erect or allow to be displayed upon premises owned or controlled any illuminated, animated, moving or flashing sign. Exception: Except where provided in Section 7-130 K of this chapter, only a sign, which has illumination, that is turned on and off, changes in light intensity, color or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature only, shall not constitute a flashing sign. I. Balloons and Inflatable Advertising - No person shall erect or allow to be displayed as a sign, any balloon, flag, pennant or other floating or inflatable advertising device anchored to the ground or to any other structure, except as allowed by a grand opening sign permit. J. Non-Combustible Material -Any sign with either direct or indirect illumination which is attached to the sign shall be constructed of non-combustible materials. Such signs shall be supported by non-combustible supports. K. Simulation of Traffic Control Signs - No sign shall obstruct the free and clear vision at any location, where as a result of the position, size, movement, shape, color, fashion, manner or intensity of illumination or any other characteristics, such sign may interfere with vehicular or pedestrian traffic. Nor shall any person erect or allow to be displayed upon premises owned or controlled by him any sign in such a manner as to interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal, or device, including, without limitation, signs making use of the words "stop," "go," "look," "slow," "danger," or any other similar word, phrase, symbol or character, or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. L. Non-Defined Signs - No person shall erect or allow to be displayed upon premises owned or controlled by him any sign that is not specifically allowed by this Chapter. Date: tv ^;~ - ~~ 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: -D - ~ ~ r~ . ru Name: Address: ~ ~ D lc `'~ ~ City: ~`~ r (~ ~/ ~ State ~_ Zip Code: ?Go3 Telephone Number: 3~9- ~U~~ Representing: For bus accordance Signed: (organization/ elf unde ta~{t 1 am limited to speaking for five minutes. i kt d Benda as a Public Hearing, City Council will not respond in x sjj eetings Law, Chapter 551 of the Texas Local Government Code. l: This information is a Public Record. • ~ ~~ ~ ~I SPEAKER CARD Date. 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 Ite Number: ~~~_ Ordinanc /Resolut' n Number: Name• ~ , Address• ~~~ C~ ~ ~=' ~%~~~' ~ l ~'G'c~~ ?G ~~~ ~`~ City: ~~ - , c State~~_ Zip Code: / ~' 7 Telephone Number ~ ~ ~ "yS'~6 S ~~G' Representing: (organizati lsel ~~_~ 1 understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Tex s Op~ Meetings Law, Chapter 551 of the Texas Local Government Code. ~~ < Signed• .~ // This information is a Public Record. ~~ ~ <., City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3093 File Number: R-09-3093 File Type: Resolution Status: Tabled Version: 1 Requester: Office of the City Secretary Agenda Date: 06/02/2009 Agenda No.: 6a Controlling Body: City Council Final. Action: File Name: Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas Attachments: Certification of Petition to Initiate Legislation.pdf Correspondence between the City Attorney and Mr. Whitaker.pdf Correspondence between the City Attorney and Mr. Whitaker dated May 27 2009.pdf Resolution R-09-3093.pdf Resolution R-09-30936.pdf Resolution R-09-3093C. pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council 1 05/19/2009 City Council 1 06/02/2009 City Council Title Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas Explanation Reading and Public Hearing Update Mr. Christopher Whitaker, who submitted the petition and original resolution to the City on April 21, 2009, has submitted a third Resolution R-09-3093C to the City Attorney. Resolution R-09-3093C is included for City Council consideration, as well as the original and second Resolution R-09-3093B. Correspondence between the City Attorney and Mr. Whitaker regarding Resolution R-09-3093C is attached. During the May 19, 2009 City Council meeting, one citizen spoke in favor of the proposed resolution and one citizen spoke in opposition to the proposed resolution. During the May 5, 2009 City Council meeting, one citizen spoke in favor of the proposed resolution and one citizen registered support of the proposed resolution. The City Council discussed and considered the Resolution and unanimously voted to table the item for consideration during the May 19, 2009 City Council meeting. City of Colleyville Page 1 Printed on 5/28/2009 Agenda Briefing Continued (R-09-3093) Mr. Christopher Whitaker, who April 21, 2009, has submitted resolution is included for City Correspondence .between the resolution is attached. Reading and Public Hearing submitted the petition and original an additional resolution to the City Council consideration, as well a: City Attorney and Mr. Whitaker resolution to the City on Attorney. The additional the original resolution. regarding the additional On April 21, 2009, a citizen petition for a Resolution rescinding Resolution 30R0695 supporting local option taxes and fees to fund transportation including Rail North Texas, was filed with the City Secretary. In accordance with the City Charter, within ten (10) days from the filing of such petition, the City Secretary shall examine the same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters... and he shall attach to said petition a certificate showing the result of such examination. At the next regular City Council meeting after the filing of such a petition, the person performing the duties of City Secretary shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation of the petition and draft of proposed ordinance or resolution, the City Council shall pass and adopt such ordinance or resolution as provided in Article 111 of the Charter, without alteration as to meaning or effect in the opinion of the person filing the petition, or call a special election, as provided by law, at which the qualified voters of the City shall vote on the questions of adopting or rejecting the proposed legislation. On April 27, 2009, the City Secretary certified the petition was signed by the requisite number of qualified voters. City of Co/leyville Page 2 Printed on 5/28/2009 CERTIFICATION OF PETITION TO INITIATE LEGISLATION From: City Secretary: As the authority responsible pursuant to the Colleyville City Charter for examining the Petition to Initiate Legislation, I hereby certify that the Petition is signed by the requisite number of qualified voters, at least forty percent (40%) of the number of votes cast at the last regulaz municipal election of the City, and no less than five hundred petitioners. C~/nthia~Singleton, City Secr ' a~ zoo9 (Seal) D e of signing Correspondence between the City Attorney and Mr. Whitaker From: M. Christopher Whitaker Sent: Tuesday, May 12, 2009 9:55 AM To: 'Matthew Boyle' Cc: Jennifer Fadden Subject: RE: Revised initiative I just wanted to make sure this was OK. I can send it if this is acceptable? I have modified it to adjust for the issues you raised and to make sure no new taxes arise as is now being alleged. This should be addressed and funded by the T and state as it is them executing the taking. My home value has dropped $30k because of the rail issue. This is contrary to the appraisal district valuation. Chris Whitaker From: Matthew Boyle Sent: Tuesda Ma 12, 2009 9:45 AM To: ~~~~ Cc: Jennifer Fadden Subject: Revised initiative Mr. Whitaker, It looks like your original email was caught in spam. Did you intend to include attachments? Thanks. Matthew C. G. Boyle BOYLE & LOWRY, L.L.P. 4201 Wingren Plaza, Suite 108 Irving, Texas 75062 (972) 650-7104 Office (972) 650-7105 Facsimile From: SPAM Sent: Tuesday, May 12, 2009 6:46 AM To: Matthew Boyle Subject: FW. Revised initiative From: M. Christopher Whitaker Sent: Friday, May 08, 2009 11:34 AM To: Matthew Boyle Subject: Revised initiative I have completed what we felt necessary to address the resolution and the ordinance. As the original filer, I wish to submit these in accordance with the city charter meaning without alteration as to meaning or effect in the opinion of the person filing the petition. You had previously represented to your client that items two (2) and (4) of the ordinance might not be enforceable by the city and that the resolution included reference to an misidentified prior resolution. As a novice in this arena, I believe I have corrected these without alteration as to meaning or effect of the petitions. While I hold this belief, I wish to submit them to you only at this time for determination as to whether the corrections are sufficient in your clients opinion as to the enforceability of the ordinance and accuracy of the numeration of the prior ordinance. I reserve the right to modify the petitions in accordance with the city charter. Is this an acceptable proposal to initiate this exchange? M. Christopher Whitaker Board Certified Texas Board of Legal Specialization John R. Salazar, P.C. 8100 John Carpenter Freeway Suite 200 Dallas, Texas 75247 214-696-5292 Fax: 214-943-3393 ,~, ,: S'~ 'r!'~i< Correspondence between the City Attorney and Mr. Whitaker. dated May 27, 2009 From: M. Christopher Whitaker Sent: Wednesday, May 27, 2009 12:11 PM To: Matthew Boyle Subject: Iniatives Please find the ordiance attached. As the filer of the voter initiative, I am submitting the updated resolution without alteration as to meaning or effect in the opinion of the person filing the petition. Additionally, as the filer of the voter initiative, I am submitting the updated ordinance without alteration as to meaning or effect in the opinion of the person filing the petition. Please submit these to the City Secretary for presentation to the Council at the next meeting. M. Christopher Whitaker Board Certified Texas Board of Legal Specialization John R. Salazar, P.C. 8100 John Carpenter Freeway Suite 200 Dallas, Texas 75247 214-696-5292 Fax: 214-943-3393 RESOLUTION R-09-3093 A RESOLUTION RESCINDING RESOLUTION 30R0695 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS A RESOLUTION RESCINDING RESOLUTION 30R0695 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS WHEREAS, the Metropolitan Mobility Plan of the Regional Transportation Council plans to create a regional passenger and freight rail line that will traverse approximately 8 miles of residential areas between Fort Worth and Grapevine, Texas; and WHEREAS, nearly the entire distance that falls within the City of Colleyville is in our residential areas; and WHEREAS, homeowner property values will be significantly and negatively impacted by the increase in trains, especially those that carry freight; and WHEREAS, the current Metropolitan Mobility Plan does not include additional under/overpasses at any of the more than two dozen road crossings along this line; and WHEREAS, the high volume of increased rail traffic and subsequent closing of these roads several times a day to allow the passage of said trains will result in a significant increase in road congestion along the entire rail line, including in our city; and WHEREAS, the Regional Transportation Council has solicited its member cities to fund a lobbyist contract with Hi11Co Partners to influence the 81S` Texas Legislature to authorize new taxes and/or fees to pay for mobility needs, including rail service. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE TEXAS: Sec. 1. THAT Resolution 30R0695 is rescinded in its entirety. Sec. 2. THAT the 81st Texas Legislature be and is hereby urged to NOT 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. Sec. 3. THAT the City of Colleyville does NOT support the current Metropolitan Mobility Plan for the Southwest-Northeast rail initiative. Sec. 4. THAT the City of Colleyville urges construction of rail- underpasses at each of the road crossings along the proposed Southwest-Northeast route. Sec. 5. THAT the City of Colleyville urges the adoption of light commuter rail to move passengers and the prohibition of freight trains on the Southwest-Northeast route. Sec. 6. THAT the City of Colleyville will not fund, either directly or indirectly, lobbyists hired by the Regional Transportation Council working to support, fund, or otherwise implement the Metropolitan Mobility Plan. Sec. 7. THAT no train station construction or operation will be funded by the City of Colleyville. AND IT IS SO RESOLVED. Resolution R-09-3093 Page 4 of 4 APPROVED BY ABSTENTIONS 2009. ATTEST: A VOTE OF ON THIS THE AYES, NAYS AND DAY OF CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor RESOLUTION R-09-30936 A RESOLUTION RESCINDING RESOLUTION R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS A RESOLUTION RESCINDING RESOLUTION R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS WHEREAS, the Metropolitan Mobility Plan of the Regional Transportation Council plans to create a regional passenger and freight rail line that will traverse approximately 8 miles of residential areas between Fort Worth and Grapevine, Texas; and WHEREAS, nearly the entire distance that falls within the City of Colleyville is in our residential areas; and WHEREAS, homeowner property values will be significantly and negatively impacted by the increase in trains, especially those that carry freight; and WHEREAS, the current Metropolitan Mobility Plan does not include additional under/overpasses at any of the more than two dozen road crossings along this line; and WHEREAS, the high volume of increased rail traffic and subsequent closing of these roads several times a day to allow the passage of said trains will result in a significant increase in road congestion along the entire rail line, including in our city; and WHEREAS, the Regional Transportation Council has solicited its member cities to fund a lobbyist contract with Hi11Co Partners to influence the 81 st Texas Legislature to authorize new taxes and/or fees to pay for mobility needs, including rail service. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE TEXAS: Sec. 1. THAT Resolution R-09-3065 is rescinded in its entirety. Sec. 2. THAT the 81 st Texas Legislature be and is hereby urged to NOT 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. Sec. 3. THAT the City of Colleyville does NOT support the current Metropolitan Mobility Plan for the Southwest-Northeast rail initiative. Sec. 4. THAT the City of Colleyville urges construction of rail underpasses at each of the road crossings along the proposed Southwest-Northeast route, with the City of Colleyville not incurring the cost of this construction of this design and not implementing new taxes to pay for this construction of this design. Sec. S. THAT the City of Colleyville urges the adoption of light commuter rail to move passengers and the prohibition of freight trains on the Southwest-Northeast route. Sec. 6. THAT the City of Colleyville will not fund, either directly or indirectly, lobbyists hired by the Regional Transportation Council working to support, fund, or otherwise implement the Metropolitan Mobility Plan. Sec. 7. THAT no train station construction or operation will be funded by the City of Colleyville. AND IT IS SO RESOLVED. Resolution R-09-30936 Page 4 of 4 APPROVED BY ABSTENTIONS 2009. ATTEST: A VOTE OF ON THIS THE AYES, NAYS AND DAY OF CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor RESOLUTION R-09-3093C A RESOLUTION RESCINDING RESOLUTION R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS A RESOLUTION RESCINDING RESOLUTION R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS WHEREAS, the Metropolitan Mobility Plan of the Regional Transportation Council plans to create a regional passenger and freight rail line that will traverse approximately 8 miles of residential areas between Fort Worth and Grapevine, Texas; and WHEREAS, nearly the entire distance that falls within the City of Colleyville is in our residential areas; and WHEREAS, homeowner property values will be significantly and negatively impacted by the increase in trains, especially those that carry freight; and WHEREAS, the current Metropolitan Mobility Plan does not include additional under/ overpasses at any of the more than two dozen road crossings along this line; and WHEREAS, the high volume of increased freight rail traffic and subsequent closing of these roads several times a day to allow the passage of said trains will result in a significant increase in road congestion along the entire rail line, including in our city; and WHEREAS, the Regional Transportation Council's plan to modify the existing Southwest- Northeast rail line in order to expand freight rail operations alters a pre- existing condition and presents a change that could not have been foreseen by Colleyville homeowners. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE TEXAS: Sec. 1. THAT Resolution R-09-3065 is rescinded in its entirety. Sec. 2. THAT the City of Colleyville does NOT support the current Metropolitan Mobility Plan for the Southwest-Northeast rail initiative or any other plan that includes expanding freight rail operations within the city limits of Colleyville. Sec. 3. THAT the City of Colleyville urges the prohibition of freight trains on the Southwest- Northeast route and is committed to working with regional, state and federal authorities to ban such trains from passing through our city's residential areas. Sec. 4. THAT no train station construction or operation will be funded by the City of Colleyville. AND IT IS SO RESOLVED. Resolution R-09-3093C Page 3 of 3 APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND DAY OF CITY OF COLLEYVILLE David Kelly Mayor ~''"~~__'~' City Hall i:~ ~ City of Colleyville 100 Main Street `~ Colleyville, Texas 76034 rr,,., Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3103 File Number: R-09-3103 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 06/02/2009 Agenda No.: 6b Status: Resolution Controlling Body: City Council Final Action: File Name: Calling a Special Election for August 1, 2009, for the purpose of electing a Councilmember, Place 2, to fill an unexpired term Attachments: Texas Constitution, Article 11. Municipal Corporations.pdf Resolution R-09-3103.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/02/2009 City Council Title Calling a Special Election for August 1, 2009, for the purpose of electing a Councilmember, Place 2, to fill an unexpired term Explanation Reading and Public Hearing Tony Licata resigned as Councilmember, Place 2, on May 7, 2009, and the City Council accepted the resignation on May 19, 2009. The Colleyville City Charter allows vacancies to be filled by appointment. However, since the time that provision of the Charter was written, Colleyville City Councilmember terms changed from two years to three years. Article XI, Section 11, of the Texas Constitution stipulates that where the Council terms exceed two (2) years, all of the members of the Council must be elected by a majority vote of the qualified voters in the City, including vacancies. In order to fill the position within 120 days, as the Texas Constitution requires, the City Council must call a special election. 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 5/29/2009 Texas Constitution Article 11. Municipal Corporations Sec. 11. TERM OF OFFICE EXCEEDING TWO YEARS IN HOME RULE AND GENERAL LAW CITIES; VACANCIES. (a) A Home Rule City may provide by charter or charter amendment, and a city, town or village operating under the general laws may provide by majority vote of the qualified voters voting at an election called for that purpose, for a longer term of office than two (2) years for its officers, either elective or appointive, or both, but not to exceed four (4) years; provided, however, that tenure under Civil Service shall not be affected hereby; provided, however, that such officers, elective or appointive, are subject to Section 65(b), Article XVI, of this Constitution, providing for automatic resignation in certain circumstances, in the same manner as a county or district officer to which that section applies. (b) A municipality so providing a term exceeding two (2) years but not exceeding four (4) years for any of its non- civil service officers must elect all of the members of its governing body by majority vote of the qualified voters in such municipality, and any vacancy or vacancies occurring on such governing body shall not be filled by appointment but must be filled by majority vote of the qualified voters at a special election called for such purpose within one hundred and twenty (120) days after such vacancy or vacancies occur. (Added Nov. 4, 1958; amended Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 11: See Appendix, Note 3.) RESOLUTION R-09-3103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, CALLING A SPECIAL ELECTION FOR AUGUST 1, 2009, FOR THE PURPOSE OF ELECTING A COUNCILMEMBER TO PLACE 2 WHEREAS, the City of Colleyville, Texas, is required to conduct a Special Election pursuant to the Texas Constitution to fill a vacancy in Place 2 of the Colleyville City Council; and WHEREAS, it is necessary for the Colleyville City Council to call an election and set a date and procedures for the election, including the date and 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 Special Election is hereby called to elect a City Councilmember to Place 2, to serve until the completion of the term for that position which will be in May 2010 or until the successor for that position is duly elected and qualified. Such election shall be held at Colleyville City Hall, 100 Main Street, Colleyville, Texas on the 1 st day of August 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, beginning June 3, 2009 and ending July 1, 2009, Monday through Friday, from 8:00 a.m. to 5:00 p.m. Sec. S. 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, July 24, 2009 (Mailing address: P.O. Box 961011, Fort Worth, Texas, 76161-0011; Attention: Steve Raborn, Early Voting Clerk). Resolution R-09-3103 Page 2 of 2 Sec. 6. THAT Early Voting shall be conducted at the Main Early Voting location: Colleyville City Hall, 100 Main Street, Training Room, second floor, Colleyville, Texas. Sec. 7. THAT early voting shall begin on July 15, 2009, and shall end July 28, 2009, and the dates and times shall be as set forth below: July 15-17, 2009 July 20-24, 2009 July 25, 2009 July 26, 2009 July 27-28, 2009 Wednesday- Friday Monday -Friday Saturday Sunday Monday -Tuesday 8:00 a.m. - 5:00 p.m. 8:00 a.m. - 5:00 p.m. 8:00 a.m. - 5:00 p.m. 11:00 a.m. - 4:00 p.m. 7:00 a.m. - 7:00 p.m. Sec. 8. THAT Tarrant County's voting equipment shall be employed for the special 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 ORDERED AND RESOLVED. APPROVED BY A VOTE OF ABSTENTIONS, THIS THE ATTEST: AYES, NAYS AND DAY OF 2009. CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor c:~ ' or City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 T,~a= Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 06/02/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 8 Final Action: Secretary File Name: Reports -June 2, 2009 Attachments: Colleyville Center Advisory Committee Minutes -February 23, 2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/02/2009 City Council Title Colleyville Center Advisory Committee Minutes -February 23, 2008 City of Colleyville Page 1 Printed on 5/27/2009 COLLEYVILLE CENTER ADVISORY COMMITTEE FY 2009 SECOND QUARTER MEETING FEBRUARY 23, 2009 MINUTES Present: Chair Mark Johnson, Vice Chair Louis Miller, Karen Birkes, Linda Creed, Evelyn Englert, Jan Fisher, John Gray, Suzanne Harrington, Muriel Havran, Connie Nichols, Paul Vigiletti, Tom Westerman Guests Ed Havran and Pat Jones City Manager Jennifer Fadden, Management Assistant Christine Loven, Center Manager Lin Przybyl, Center Coordinator Marilyn Gilbert Absent: Dorie Cranshaw and Deena Dendy 1. Chair Mark Johnson called the meeting to order at 5:35 p.m. 2. Chair Mark Johnson welcomed the newly appointed City Manager, Jennifer Fadden 3. The committee welcomed new incoming committee members, Jan Fisher and Linda Creed. Outgoing members Pat Jones and Molly Skinner were awarded plaques in appreciation for their years of service to the Advisory Committee. Molly Skinner was not in attendance and will receive her plaque in the mail 4. The November 17, 2008 Advisory Committee Minutes were approved as written with the following amendment requested by Paul Vigiletti: Addition on the last sentence to 6a to read "the Advisory Committee agreed the theater should be a future consideration at an alternate site". A motion was made and unanimously approved to accept the change. 5. The Advisory Committee reviewed and discussed the Colleyville Center FY2009 -First Quarter Report. 6. The Chair opened nominations for Advisory Committee Chair and Vice- Chair positions for aone-year term beginning February 2009. Mark Johnson was unanimously re-elected Chair. Louis Miller was unanimously re-elected Vice-Chair. 7. Chair Mark Johnson and Vice Chair Louis Miller updated the Committee on the status of the Feasibility Study Project after presentation to City Council on February 17. Additional information will be presented to City Council on March 23, 2009. 8. Meeting was adjourned at 6:25 p.m. RESOLUTION R-09-3104 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JUNE 2, 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 AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor