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Home My WebLink AboutCity Council-Agenda Packets-6/16/2009,~, ,,, City of Colleyville 100 Main Street ~ ~ Colle ville, Texas 76034 i ,,,0~~ ~1~' Agenda 817.503.1000 ~, ,., www.colleyville.com City Council Tuesday, June 16, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation by Mr. Robert Earley, Chief Executive Officer of John Peter Smith Hospital PC-2 Discussion of the IESI rate adjustment request PC-3 Presentation of the Monthly Financial Report - May 2009 PC-4 Discussion of the June 16, 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. 551.072 -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 INVOCATION: Neda Moayad, Colleyville Baha'i Community City of Colleyville Page 7 Printed on 6/12/2009 City Council Agenda June 16, 2009 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-09-3105 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Historical Preservation Committee activity highlights -Mayor David Kelly Announcements of awards and recognition Proclamation - In recognition of the 2010 Census -Madeline Kelley, Census Bureau Partnership Specialist Presentation - In recognition of Verizon's support through a grant for the purchase of Early Literacy Stations for Children for the Colleyville Public Library -Barbara Walker, Verizon, by Mayor David Kelly on behalf of the Colleyville Public Library Foundation Presentation - In recognition of Texas Public Works Association Public Works Project of the Year Award, the L.D. Lockett Pump Station and Ground Storage Tank -Public Works Director Steve Chutchian, Utility Superintendent Ken Tywater and Dannenbaum Engineering Corporation Project Manager Brian O'Neill, P.E. Presentation - In recognition of Employee's Years of Service 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3106 4a Approval of the minutes of the regular City Council meeting of June 2, 2009 4b Approval of the minutes of the Joint City Council and Planning and Zoning Commission meeting of May 21, 2009 4c Approval of a Professional Services Agreement with Baird, Hampton and Brown, Inc., for the design of the Glade Road and Pool Road Intersection Improvements, in an amount not to exceed $93,620.00, and authorize the City Manager to execute the contract City of Colleyville Page 2 Printed on 6/12/2009 City Council Agenda June 16, 2009 4d Approval of a construction contract with JRJ Paving, LP for the Street Resurfacing Improvements 2009 Project, in the amount of $348,373.06, and authorize the City Manager to execute the contract and any associated change orders, in an amount not to exceed $25,000 4e Approval of a waiver of the water well drilling requirements requested by Gary S. Williky at 1312 Tinker Road 4f Approval of a Professional Services Agreement with Deltatek Engineering, for design of the Hall-Johnson 1.5 Million Gallon Elevated Storage Tank Rehabilitation, in an amount not to exceed $73,970.00, and authorize the City Manager to execute the contract 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-09-1720 Approval of a Special Use Permit for a carport on Lot 15, Block 2, Jewel Estates Addition located at 1104 Emerald Court, Case ZC09-006 5b 0-09-1721 Adopting the annual budget for Fiscal Year 2010 (FY 2010) of the Colleyville Crime Control and Prevention District (CCCPD) 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-09-3107 Consideration of appointment to the Historical Preservation Committee 6b R-09-3108 Consideration of appointment to the Tax Increment Financing District Board of Directors to fill an unexpired term 7. TABLED ITEMS: READING AND PUBLIC HEARING 7a 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 7b 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 City of Colleyville Page 3 Printed on 6/12/2009 City Council Agenda June 16, 2009 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Library Board Meeting Minutes -May 11, 2009 Planning and Zoning Commission Minutes -May 11, 2009 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 16, 2009- Reading and Public Hearing -Resolution R-09-3109 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, June 12, 2009, by 5:0 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 4 Printed on 6/12/2009 ~~~ City Hall ~ ~ `" ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 06/16/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-1 Final Action: Secretary File Name: Presentation by Mr. Robert Earley, Chief Executive Officer of John Peter Smith Hospital Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/16/2009 City Council Title Presentation by Mr. Robert Earley, Chief Executive Officer of John Peter Smith Hospital Explanation Mr. Earley will present information regarding the services of John Peter Smith (JPS) Hospital and the JPS School-Based Health Centers in the Grapevine-Colleyville Independent School District. City of Colleyville Page 1 Printed on 6/10/2009 ~~~~ City Hall ('~ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 °,. Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Office of the City Manager File Type: Pre Council Agenda Date: 06/16/2009 Agenda No.: PC-2 File Name: Discussion of the IESI rate adjustment request Status: Pre Council Controlling Body: City Council Final Action: Attachments: IESI TX Corporation Correspondence Dated May 26, 2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 06/16/2009 City Council Title Discussion of the IESI rate adjustment request Explanation On May 26, 2009 IESI TX, the City's solid waste franchisee, filed a letter and supporting documents requesting a 4.19% ($0.45) rate increase. Per the contract requirements, Section V. (a)1(c) and V.(a)2; IESI's requested rate increase consists of three components: the Consumer Price Index (CPI) at a 2.42% ($0.258) increase; the average fuel price change component at a 0.25% (-$.026) decrease and a supplemental disposal increase of 2.02% ($0.215). Per Section V. 2, the City has 45-days to advise of approval or disapproval of the increase which would become effective September 1. Additionally, V. 2 states, "The City's approval of contractor's request for an increase in the Base Rates for a CPl-U/Fuel Components, as calculated, shall not be unreasonably withheld. However, the decision by the City of a Supplemental Component billing rate adjustment shall be at the sole discretion of the City". On August 19, 2008, City Council approved Consent Resolution R-08-2998 allowing IESI's request for a fuel rate and CPI adjustment of $0.64 and establishing the effective date of the rate adjustment to be November 1, 2008 through August 31, 2009. The increase was approved with the delayed effective date as IESI had not notified the City in writing 90 days prior to the September 1 anniversary date required by the contract. The City is currently in year three of a five-year contract with IESI. The contract is an exclusive contract written fora 5-year period September 1, 2007 through August 31, 2012, with an option to renew for an additional five-year period terminating August 31, 2017. Below are rate comparisons for neighboring communities; all are twice a week garbage and once per week recycling collection: City of Colleyville Page 1 Printed on 6/12/2009 Agenda Briefing Continued CITY RATE COMPANY INCREASES Bedford $ 9.15 Allied 01/09 increase of $0.90 Euless $ 8.24 Allied 04/09 increase of $0.27 Grapevine $10.91 Allied 03/09 decrease $0.36 Hurst $ 9.14 Allied anticipating 8% increase ($0.73) 08/09 Keller $10.46 Allied 06/09 increase of $0.81 NRH $ 9.38 Duncan 02/09 increase of $0.29 Southlake $10.25 Duncan anticipating 8% increase ($0.82) 10/09 Colleyville $10.69 IESI 11/08 increase of $0.64 IESI representatives will be in attendance to answer questions of the City Council. Staff seeks City Council direction. City of Colleyville Page 2 Printed on 6/12/2009 IESI TX Corporation May 26, 2009 Ms. Jennifer Fadden City Manager City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: Garbage Collection Rates Dear Ms. Fadden: IESI appreciates the opportunity to provide trash and recycling services to the residents and businesses of Colleyville. I am writing this letter to request staff and council approval of the annual rate adjustment as outlined in our contract. IESI is requesting a 4.19% increase which equals a ($.45) increase in the monthly residential rate per home from $10.69 per month to $11.14 per month. In addition, IESI proposes a 4.19% increase in the commercial & industrial roll off rates. This increase reflects the CPI, fuel, and disposal (supplemental) portions of our contracted pricing. Documents are attached reflecting each component with the respective change during the prior twelve months. Please review the included documents and let me know if you need any additional documents or explanations. Please do not hesitate to call me if you have any questions or need information at 817-547- 9012. We take pride in the services we provide the City of Colleyville and this increase provides the resources needed to maintain the service levels you have come to expect. Sincerely, ~` ~~~ __~ Norm Bulaich Municipal Manager 4001 Old Denton Rd, Fort Worth, Texas 76117 (817) 547-9012 Solid Waste & Recycling Rate Increase CPI-U Component March, 2008 196.42 March, 2009 203.73 Increase 3.72% Multiplier 65.07% CPI-U Component 2.42% Fuel Component See Attached - 52 Wk Avg Increase -1.90% Multiplier 13.00% Fuel Component -0.25% Supplemental Component -Disposal See Attached -Disposal Component Increase Multiplier Disposal Component 9.22% 21.93% Total Increase Current Rate Per Home Proposed Rate Per Home Increase Per Home 2.02% 4.20% $10.69 $11.14 $0.45 Bureau of Labor Statistics Data Page 1 of 2 :. . . ,. !~' UI\TITEI~ T ,~S ` EPARTM~NT d , B©R . www.bls.govSearch: All BLS.gov J for: search .~ ,' ~ BUREAU OF LABOR STATISTICS NRelease Calendar'a' Home Subject Areas Databases & Tables Publications Economic Releases A - z Index I About BLS Databases, Tables & Calculators by Subject FONT SIZE: i~ (±I Change OUtpUt From: 1999 ~ To: 2009 ~ ~, Options: ~ include graphs luew! more Formatting Options..- Data extracted on: May 12, 2009 (9:33:36 AM) Consumer Price Index -All Urban Consumers Series Id: CUURA316SAOLE,CUUSA316SAOLE Not Seasonally Adjusted Area: Dallas-Fort Worth, TX Item: All items less energy Base Period: 1982-84=100 Year Tan Feb Mar Apr May Tun 7ul Aug Sep Oct Nov Dec Annual 1999 163.8 165.7 165.8 165.9 167.3 168.2 166.3 2000 168.5 170.5 170.7 172.0 173.0 173.6 171.6 2001.174.2 175.5 175.1 176.5 178.6 178.8 176.6 2002 179.0 180.5 180.5 180.1 180.3 181.2 180.4 2003 181.3 182.7 183.3 182.2 182.3 182.3 182.4 2004 181.7 183.9 183.8 182.9 183.2 183.4 183.2 2005 184.3 185.4 186.1 185.3 186.9 187.2 186.0 2006 188.1 188.8 189.5 189.2 191.6 190.2 189.7 2007 190.467 190.649 191.203 192.276 193.839 195.264 192.51 E 2008196.042 196.420 197.333 198.825 200.473 201.715 198.72: 2009 202.159 203.731 http://data.bls.gov/PDQ/servlet/Survey0utputServlet;jsessionid=f0304d6fa072$2B$3FU$ 5/12/2009 Back to Contents Sourcekey DDR004 Gulf Coast No 2 Diesel Retail Sales by All Sellers (Cents Date per Gallon) May 19, 2008 444.5 May 26, 2008 467.6 Jun 02, 2008 466.6 Jun 09, 2008 466.1 Jun 16, 2008 466 Jun 23, 2008 460.5 Jun 30, 2008 460.8 Jul 07, 2008 469.9 Jul 14, 2008 473.9 Jul 21, 2008 470.7 Jul 28, 2008 457.5 Aug 04, 2008 445.4 Aug 11, 2008 430.1 Aug 18, 2008 415.5 Aug 25, 2008 410.1 Sep 01, 2008 407 Sep 08, 2008 401.8 Sep 15, 2008 401.5 Sep 22, 2008 392.7 Sep 29, 2008 393.3 Oct 06, 2008 384.6 Oct 13, 2008 363.6 Oct 20, 2008 345.7 Oct 27, 2008 322.2 Nov 03, 2008 303.6 Nov 10, 2008 290 Nov 17, 2008 275 Nov 24, 2008 260.5 Dec 01, 2008 256.3 Dec O8, 2008 247.2 Dec 15, 2008 238.4 Dec 22, 2008 231.1 Dec 29, 2008 226.8 Jan 05, 2009 223.2 Jan 12, 2009 224.6 Jan 19, 2009 222.8 Jan 26, 2009 220.4 Feb 02, 2009 219.1 Feb 09, 2009 215.7 Feb 16, 2009 213.5 Feb 23, 2009 207.5 Mar 02, 2009 204.3 Mar 09, 2009 200.7 Mar 16, 2009 197.4 Mar 23, 2009 206 Mar 30, 2009 220.4 Apr 06, 2009 221.1 Apr 13, 2009 220.2 Apr 20, 2009 218.6 Apr 27, 2009 217.2 May 04, 2009 215.4 May 11, 2009 219.9 Prior 52 Wk Avg 319.89 Initial Fuel Base 326.08 Increase -1.90% Multiplier 13.00% Fuel Component -0.25% Colleyville Pounds Per Home Per Week: 60 Weeks Per Month 4.33 Pounds Per Month 259.8 Tons Per Month 0.1299 DFW Cost Per Ton - 2008 $16.71 2008-09 -Disposal Cost Per Home Per Month $2.17 DFW Cost Per Ton - 2009 $18.25 Increase Percentage 9.22% 2009-10 -Disposal Cost Per Home Per Month $2.37 Residential Charge Per Month (Less Ffees) $9.90 Disposal Percentage 21.93% WASTE MANAGEMENT ROU (ic~~sncr. Suilc I I UO I luustun, ~I'K 77024 (713) 647-i4ip (7131647-466 I ~a~ March 20, 2009 Mr. John Gustafson IESI TX Corporation 2301 Eagle Parkway, Suite 200 Fort Worth, Texas 76177 Subject: DFW Landfill Dear John: This letter will serve as notice that Waste Management will be implementing a price increase for services charged to IESI TX in accordance with the provisions of the Solid Waste Disposal Agreement effective April 1, 2009. As detailed in Exhibit "C" and Article 5, Section 5.1, under the Agreement, the Year 1 disposal rates will be in effect. The effective disposal rate changes are as follows: MSW.• $1.54/Ton *The disposal rate increase above includes all fees and surcharges. The disposal rate changes above do not include any other waste including special waste or special handling waste not included under the agreement. All other terms and conditions of the agreement including amendments remain in full force and effect. Should you have any questions, please do not hesitate to contact me at 713-647-5459. Sincerely Yours, Waste Management of Texas, Inc. JKike ~iompson Manager, Third Party Landfill Revenue/Texas From everpda~~ cu!lection !o ern~irorzmentu! protec•tiort, 71tlrtk Creen. Think Wuste Muna,~Fement. out in the manner, at the times, and in the locations and at the prices specified in the contract documents, and shall be subject to inspection and approval of the City Manager, or his designee. Section V Fees and Rates Contactor shall obtain information concerning the conditions at locations that may affect its performance of work. Contractor accepts that quantities of the number of residential, recycling and commercial. units provided by City are strictly estimates. In evaluating and determining the base value of the Contract, Contractor is responsible to survey the City for use in preparing the proposal and as such, is encouraged to utilize its own or other estimates and to provide for growth or shrinkage factors. (A) Billing Rate: The rates to be charged by Contractor for refuse collection through September 1, 2008, will be those set forth in Exhibit "A", the Rate Sheet, as modified from time to time as set forth and incorporated herein for all purposes. These rates will be binding and considered part of the Contract and may be modified by Resolution as approved by the City. a. Modification of Billing Rate at Contractor's Request: Contractor shall maintain such rates as shown in Exhibit "A" until at least August 31, 2008. Annually thereafter, the rates shown in Exhibit "A" may be adjusted annually as provided herein in accordance with the Contract, subject to the contractor providing written notice as provided herein to the City at least ninety (90) calendar days in advance of the anniversary date, the intent to adjust rate. Except as otherwise specifically provided, said rate adjustments are subject to the approval of the City pursuant to Section V.(a)1(c} and V.(a)2. herein. 1. Qualifications for Billing Rate Adjustment: Billing rate adjustments for changes in the (i) Consumer Price Index for All Urban Consumers (CPI-U), for the Dallas-Fort Worth, Texas Area (as defined below) and (ii) Fuel Index (as defined below) will be considered by the City no more than once .per year during the term of the Contract, during .the month of August of each contract. year. Contractor must receive approval from the City for such- billing rate adjustment, which approval shalt not be unreasonably withheld. Contractor`s request for an adjustment in the billing rates for increases in the CPI and the Fuel Index shall be calculated as follows: Texas; All Items Less Energy; Base Period 1982-84=100, Not Seasonally Adjusted, published by the United States Bureau of Labor Statistics, Consumer Price Index (the "CPI") between the published final June CPl index of the then current year and the published final June CPI index of the immediately preceding year (the "CPI Component"). (n the event the U.S. Department of Labor, Bureau of Labor Statistics ceases to publish the CPI, the parties hereto agree to substitute another equally authoritative measure of change in the purchasing power of the U.S. dollar as may be then available so as to carry out the intent of this provision. (b) Fuel Component - Contractor shall also calculate the percentage of change in the cost of diesel fuel during the prior twelve (12) month period, using the weekly average price of diesel fuel, as determined by reference to the Energy Information Administration of the U.S. ~ Department of Energy ("ElA/DOE")'s Weekly Retail On Highway Diesel Prices for the Gulf Coast, published on the last Monday of each May of the Contract Year ("Fuel Index"). The EIAIDOE currently publishes these prices on their website at the following location: www.tonto.eia.doe.gov/oog/info/wohdp/diesel.asp. Contractor shall calculate the percentage of change in the price of diesel fuel between the average price of diesel fuel from the aforesaid website published for the last Monday of May of the then immediately prior year (the "Initial Fuel Base") and the average price of diesel fuel from the aforesaid website for the 52 weeks period immediately prior to the last Monday of May of the current year (the average being calculated by adding together the weekly fuel price for each of the 52 prior weeks, divided by 52) (the "Current Fuel Basen). The Initial Fuel Base utilized for May of 2007 shall be $2.55 per gallon. The percentage change in the Initial Fuel Base and Current Fuel Base shall be multiplied by 13%, and the product thereof shall be the "Fuel Adjustment Component." (c) Supplemental Component - Contractor may petition the City, not more then once per year following the completion of the initial year, for adjustments to reimburse the Contractor for the reasonable costs fo Contractor of any capital and/or operating expenditures including taxes, fees and surcharges required or imposed solely by federal or state taw, regulation, rule, permit, or permit condition, that was not imposed because of Page 8 the action or inaction of the Contractor. Determination of such supplemental request for billing rate adjustment shall be at the sole discretion of the City. (d) Modification of Billing Rate at City's Request: City may petition Contractor, riot more then once per year following the completion of the initial year, for adjustments to adjust the billing rate based on any decrease in Contractor's disposal costs, including but not limited to a decrease in average amount of waste per pickup. City's request will be reviewed as an individual component and any decrease will be automatically applied to the billing rate. 2. City Decision: The City shall, within forty-five (45) days after Contractor's request for a Base Rate adjustment, advise Contractor of its approval or disapproval of an increase in the Base Rates effective as of September 1 of the then current year. if the City fails to render its decision within such forty-five (45) day period, the request shall be deemed approved. However, the City may provide, by written notice to Contractor, of an extension of the forty-five day requirement for an additional thirty (30) day evaluation period. The City's approval of Contractor's request for an increase in the Base Rates for a CPl-U/Fuel Components, as calculated above, shall not be unreasonably withheld. However, the decision by the City for a Supplemental Component. billing rate adjustment shall be at the sole discretion of the City. (B) Franchise Fee: For and in consideration of the City granting Contractor a Contract within the city limits for commercial and residential refuse collection, the City shall independently establish a franchise fee, separate and apart from the Contractor cost for refuse collection services, calculated pursuant to: (1) Residential Billing: The City is hereby designated as the billing and collection agent for the residential refuse services provided herein. The City will levy 8.0 percent (8.0%) for each customer billing as payment of the portion of the franchise fee due on gross revenues. The City agrees to provide Contractor with a computer printout establishing the amount of the residential billings by the City each month, said printout to be provided and any amounts due to Contractor to be paid to Contractor no later than the twentieth (20) day of month following the month billed. (2} Commercial Billing: Contractor shall be responsible for billing and collection of funds for commercial refuse services. Contractor agrees to Page 9 ~~ f ~-`., City ~f Co~~eyvi~~e 100 Main Street Colleyville, Texas 76034 ~~~~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 06/16/2009 Controlling Body: City Council Requester: Finance Department Agenda No.: PC-3 Final Action: File Name: Presentation of the Monthly Financial Report - May 2009 Attachments: May 2009 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/16/2009 City Council Title Presentation of the Monthly Financial Report - May 2009 Explanation General Fund The percentage of current year taxes collected is slightly behind that of May 2008. Sales tax revenue received in May increased $29,993 which is 10.89% over the amount received in May 2008. However, $12,025 of the revenue increase was from audit payments, and the increase excluding the audit payments was $17,968 (6.52%). Three residential building permits were issued in May, as compared to nine issued in May 2008. Permit revenues through May 2009 are $399,000 less than those received through May 2008, and $487,000 less than projected through April 2009. Ambulance revenues are down almost $19,000, due to lower collections. The average amount expended by the General Fund departments at the end of April 2009 is 54.6% of the total appropriation, verses 55.2% which was projected to be spent. Utility Fund Water usage increased as compared to the amount sold through May 2008. All building related revenues (water installation, sewer installation and engineering charges) are down. The average amount expended by the Utility Fund departments at the end of May 2009 is 60.8% of the total appropriation, verses 58.8% which was projected to be spent. City of Colleyville Page 1 Printed on 6/10/2009 MONTHLY FINANCIAL REPORT -MAY 2009 GENERAL FUND FY 2009 REVENUE SOURCE BUDGET Current Taxes $9,616,931 Delinquent Taxes 55,000 Penalty & Interest 55,000 TOTAL AD VALOREM TAXES $9,726,931 Oncor Electric Tri-County Electric Atmos Gas AT&T Verizon/Other Telecomm Providers Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits Irrigation Permits T07AL LICENSES & PERMITS Fines Alarm Fees Library Fines TOTAL FINES $887,190 119, 000 340,000 126,100 51,250 135,050 192,900 $1,851,490 $2,561,375 87,000 $2,648,375 $864,473 88,987 63,376 98, 911 58,247 162,772 3, 079 1,400 6, 050 7,359 15,000 0 $1,369,654 $780,000 45,000 33,600 $858,600 RECEIVED AS OF 5/31 /2009 $9,375,439 70, 842 43, 060 $9,489,341 $885,324 124,579 476, 948 92, 948 34, 816 86, 799 169, 911 $1,871,325 $1,288,231 53,298 $1,341,529 $254,108 31,905 22,704 26,233 35,405 33,457 1,748 732 4,645 2,700 8,363 3,809 $425,809 $529,194 38,100 14,688 $581,982 PROJECTED AS OF 5/31 /2009 $9,381,41 45,00 39,00 $9;465,4'.1' $887,190 119, 000 340,000 94, 575 38,438 84,406 144,675 $1,708,284 $1, 282, 042 65,250 $1,347 292 $576,315 59,325 42,251 65, 941 38, 831 108, 515 2, 053 933 4, 033 4,906 10, 000 0 $913,103 $520,000 38, 000 22,400 $580,400 RECEIVED AS OF PERCENT 5/31/2008 CHANGE $8,717,601 7.55% 48,135 47.17% 42,153 2.15% $8,807;889 ~ 7.74% $844, 989 110,560 338,969 94, 961 41, 285 88, 339 144, 375 4.77% 12.68% 40.71 -2.12% -15.67% -1.74% 17.69% $1;663,478 $1, 240, 801 61, 003 $1,301,804'. $508,966 54,363 39,746 47,674 50,159 103,727 1,370 808 5,450 4,155 8,200 0 $824,618 $616, 888 38,125 17,130 $672,143 12.49% 3.82% -12.63% 3.05% -50.07% -41.31 -42.88% -44.97% -29.41 -67.75% 27.59% -9.41 -14.77% -35.02% 1.99% 100.00% -48,36% -14.22% -0.07% -14.26% =13.41 % MONTHLY FINANCIAL REPORT -MAY 2009 REVENUE SOURCE FY 2009 BUDGET Re-zoning $13,201 Plat Fee/Site Plan 21,038 Board of Adjustment 2,040 Sale of Material 3,020 Weed Mowing 10,000 Animal Impoundment 3,250 Ambulance 250,000 Recreation Program 168,130 Non-Resident Fee Parks 20,050 Field Use Charge 17,700 Engineering & Inspection 100,000 Chgs & Reimbursements 2,000 Colleyville Center Rental 230,000 Lot Drainage Insp Fee 25,000 TOTAL CHARGES FOR SERVICE $865,429 DARE Officer Reimb $89,792 TOTAL INTERGOVERNMENTAL $89,792 Sale of Surplus Property $17,000 Interest Income 255,000 Miscellaneous 55,000 Use of Available Cash 833,523 Antenna Lease 64,000 TOTAL MISCELLANIEOUS $1,224,523 Transfer from Utility Fd TOTAL TRANSFERS $756,787 $756,787 RECEIVED AS OF 5/31 /2009 $2,562 4,562 625 710 2,523 1,657 154, 356 92, 899 22,840 23, 085 934 0 168,325 ', 5,375 $480,453 $0 $0 $26,105 110,773 72,181 0 35,658 $244,717 $0 $0 PROJECTED AS OF 5/31 /2009 $8,801 14,025 1, 360 2,013 6,667 2,167 166, 667 93, 000 20,050 17,700 66,667 1, 333 153,333 16,667 $570,449 $0 $0 $17, 000 135,000 45,000 0 36, 000 $233,000 .RECEIVED AS OF 5/31 /2008 $7,442 16,615 1, 000 1, 350 5, 806 3,264 173,471 92, 291 21,590 18,140 129, 711 3,825 175,691 14,850 $665,046 $0 $0 $0 235,163 78,858 0 60,043 $374, 064 PERCENT CHANGE -65.57% -72.54% -37.50% i -47.41 -56.54% -49.23% -11.02% 0.66% 5.79% 27.26% -99.28% -100.00% -4.19% -63.80% -27.76% 0.00% 0.00% 100.00% -52.90% -8.47 0.00% -40.61 34.58% $0 $0 0.00% $0 $0 0.00% TOTAL GENERAL FUND REVENUES $19,391,581 $14,435,156 $14,817,946 $14 309„042 0.88% MONTHLY FINANCIAL REPORT -MAY 2009 TOTAL PERCENT FY 2009 THROUGH THROUGH INCREASE INCREASE BUDGET 5/31/2009 5/31!2008 (DECREASE) (DECREASE) OF CURRENT TAX ROLL COLLECTED 99.0% 97.02% 97.70% -0.68% -0.70% RESIDENTIAL BLDG PERMITS 160 41 97 (56) -57.73% COMMERCIAL BLDG PERMITS 10 2 20 (18) -90.00% PLUMBING/MECHANICAL PERMITS 1,200 720 1,010 (290) -28.71% ELECTRICAL PERMITS 400 242 350 (108) -30.86% CITATIONS ISSUED 11,000 7,377 10,665 (3,288) -30.83% CITATIONS APPEALED 550 439 336 103 30.65% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED. FY 2009 THROUGH PROJECTED 66.67% OF THE BUDGET BUDGET 5/31/2009 EXPENDITURES YEAR COMPLETED REMAINING City Council and Secretary $588,992 $313,528 $311,629 53.2% $275,464 City Manager 589,919 442,323 438,555 75.0% 147,596 Finance 489,945 328,953 340,483 67.1 % 160,992 Legal 106,823 113,789 113,483 106.5% (6,966) Engineering 553,500 293,030 288,665 52.9% 260,470 Economic Development 265,724 33,963 38,315 12.8% 231,761 Building Inspection 488,822 284,326 283,900 58.2% 204,496 Community Development 248,480 149,403 149,726 60.1% 99,077 Fire 3,851,923 2,454,386 2,470,552 63.7% 1,397,537 Police 4,285,946 2,617,204 2,634,061 61.1% 1,668,742 Parks 1,593,531 896,334 889,296 56.2% 697,197 Recreation 338,918 192,916 189,262 56.9% 146,002 Streets & Drainage 2,703,322 746,806 790,402 27.6% 1,956,516 Library 723,607 407,849 412,611 56.4% 315,758 Communications 222,531 137,755 140,767 61.9% 84,776 Colleyville Center 385,151 230,116 228,493 59.7% 155,035 Human Resources 231,111 141,875 142,587 61.4% 89,236 Municipal Court 255,870 158,424 159,043 61.9% 97,446 Fleet Maintenance 211,963 132,164 133,270 62.4% 79,799 Building Services 244,691 160,137 176,373 65.4% 84,554 Information Services 451,788 281,449 290,317 62.3% 170,339 Capital Equipment Reserve 135,000 65,587 65,587 48.6% 69,413 Transfer to Art Fund 7,500 0 0 0.0% 7,500 Performance Pay 396,351 0 0 0.0% 396,351 TOTAL EXPENSES $19,371,408 $10,582,317 $10,687,377 54.6% $8,789,091 MONTHLY FINANCIAL REPORT -MAY 2009 UTILITY FUND REVENUE SOURCE Water Sales Sewer Sales Sewer Installation Water Installation Sewer Tie-on Charges Engineering Charges Penalties Miscellaneous TOTAL OPERATING INCOME Interest Income Use of Available Cash TOTAL NON-OPERATING INCOME TOTAL INCOME RECEIVED FY 2009 AS OF BUDGET 5131(2009 $7,341,404 $4,232,374 2,264,638 1,759,051 22,900 4,600 48,000 11,184 5,000 7,500 35,000 2,195 168,106 113,205 15,000 11,305 $9,900,048 $6,141,414 $350,000 $87,065 100, 000 0 $450,000 $87,065 $10,350,048 $6,228,479 PROJECTED AS OF 5/31/2009 $3,835,994 1,509,759 15,267 32, 000 3, 333 23,333 112,071 10,000 $5,541,756 $200,000 0 $200,000 $5, 741,756 RECEIVED AS OF PERCENT 5/31/2008 CHANGE $3,726,388 13.58% 1,529,946 14.97% 16,390 -71.93% 31,940 -64.98% 3,000 150.00% 56,314 -96.10% 111,937 1.13% 9,895 14.25% $5,4$5,810 11,95% $264,496 -67.08% 0 0.00% $264,496 -67.08% $5,750,306 8.32% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 5/31/2009 5/31/2008 (DECREASE) (DECREASE) LLONS OF WATER SOLD 1,237,644,500 1,102,752,400 134,892,100 12.23% MBER OF WATER CUSTOMERS 8,934 8,840 94 1.06% UTILITY FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2009 THROUGH PROJECTED 66.67% OF THE 'BUDGET BUDGET 5/31/2009 EXPENSES YEAR COMPLETED REMAINING Administration $214,836 $132,622 $131,588 61.7% $82,214 Billing 576,216 279,733 302,690 48.5% 296,483 Operations 7,459,221 4,856,280 4,634,106 65.1% 2,602,941 Debt Service 885,482 783,668 783,668 88.5% 101,814 Merit Adjustment 48,536 0 0 0.0% 48,536 Transfer to Art Fund 7,500 0 0 0.0% 7,500 Transfer to General Fund 756,787 0 0 0.0% 756,787 TOTAL EXPENSES $9,948,578 $6,052,303' $5,$52,052 60.8% $3,896,275 ~.., ~. City Hall ~ City ~f CO~~e~/V~~~e 100 Main Street Colleyville, Texas 76034 r,,.,~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Version: 1 Agenda Date: 06/16/2009 Requester: Office of the City Agenda No.: PC-4 Secretary File Name: Discussion of the June 16, 2009 regular agenda items Attachments: History of Legislative File Status: Pre Council Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 06/16/2009 City Council Title Discussion of the June 16, 2009 regular agenda items City of Colleyville Page 1 Printed on 6/9/2009 ,~, -~, '° ~ ~i City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 ~~~~~• Agenda Briefing 817.503.1000 wvvw.col leyvi lle. com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 06/16/2009 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session -Legal -June 16, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 06/16/2009 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. 551.072 -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 Cify of Colleyville Page 1 Printed on 6/10/2009 RESOLUTION R-09-3105 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JUNE 16, 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 ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2009. CITY OF COLLEYVILLE David Kelly Mayor ~'~i City Hall /"~ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~.~~~• Agenda Briefing 817.503.1000 vvww. co 1 1 eyv i l l e. co m File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 06/16/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -June 16, 2009 Attachments: Proclamation - 2010 Census.pdf Employee Years of Service -April-June 2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/16/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Historical Preservation Committee activity highlights -Mayor David Kelly Announcements of awards and recognition Proclamation - In recognition of the 2010 Census -Madeline Kelley, Census Bureau Partnership Specialist Presentation - In recognition of Verizon's support through a grant for the purchase of Early Literacy Stations for Children for the Colleyville Public Library -Barbara Walker, Verizon, by Mayor David Kelly on behalf of the Colleyville Public Library Foundation Presentation - In recognition of Texas Public Works Association Public Works Project of the Year Award, the L.D. Lockett Pump Station and Ground Storage Tank -Public Works Director Steve Chutchian, Utility Superintendent Ken Tywater and Dannenbaum Engineering Corporation Project Manager Brian O'Neill, P.E. Presentation - In recognition of Employee's Years of Service City of Colleyville Page 1 Printed on 6/10/2009 In Recognition of Employee Years of Service April -June 2009 20 YEARS JAMES BRANSFORD Fire Department RUSSELL BRUCE Engineering STEVEJALOVEC Public Works TIM MATHIS Public Works 15 YEARS MIKE CAMPBELL Public Works STEVE SNOW Public Works 10 YEARS KEVIN WALLING Police Department 5 YEARS TROY CRAWFORD Parks and Recreation BRANDON RANDALL Public Works DIXIE SMITH Public Works 1 YEAR JO GAYLE SHIFFE Police Department roc~~rn~tion Colleyville, Texas WHEREAS: the next Decennial Census will be taken in the year 2010, and political representation to the United States House of Representatives, state legislatures and local governments is determined by the Decennial Census, and the City of Colleyville recognizes the equal importance of each resident in the 2010 Census count; and WHEREAS, the City of Colleyville has agreed to be one of 39,000 government entities in partnership with the U.S. Census Bureau; and WHEREAS, the City of Colleyville understands that its primary role in this partnership is to formulate a Complete Count Committee that should include, but is not limited to the following sub-committees: Government, Education, Media, Faith- Based/Religion, Community-based Organizations, Business, and Recruiting; and WHEREAS, the Recruiting sub-committee is to receive and disseminate to all segments of the community information regarding the availability of Census jobs in the local area; and WHEREAS, the role of each sub committee is to work within the community to provide education, information and training which leads to participation. 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 proclaim the 2010 CENSUS as a priority for all elected and appointed officials, and encourage full support and participation of our citizens in achieving an accurate and complete count through the formulation of a Complete Count Committee. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, _ _ , .affixed this 16`" day of June 2009. Mayor ~ ~:~~ ~ ~f ~~~x.,s "~~ Cit of Colle ville ~~~~~~ City Council Minutes -Draft <<•,.,~ City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 2, 2009 CITY COUNCIL CHAMBERS The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tem Jon Ayers on June 2, 2009, at 5:39 p.m. ROLL CALL: Councilmembers Stan Hall, Tom .Hart, and Mike Taylor were present. Mayor Pro Tem Jon Ayers, 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. Mayor David Kelly and Councilmember Carol Wollin were absent. PC-1 Discussion of changing the dates of regular City Council meetings The City Council determined if the City has a November election, the first regular City Council meeting in November will be changed to Wednesday, November 4, 2009. The City Council determined the second regular City Council meeting of Tuesday, March 16, 2010, will be changed to Tuesday, March 23, 2010, due to the Grapevine-Colleyville Independent School District spring break. PC-2 Discussion of the process for filling an unexpired term on the Historical Preservation Committee and the Colleyville Library Board The City Council determined the open positions will be advertised during the regular advertising period for September appointments and/or any applications received prior to the advertising period for the vacancies will be placed on the City Council agenda for City Council consideration. City of Colleyville Page 1 Prinfed on 6/12/2009 City Council City Council Minutes -Draft June 2, 2009 PC-3 PC-4 1 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 Discussion of setting a date for a joint worksession with the City Council and Library Board The City Council determined the Joint City Council and Library Board meeting will be held July 9, 2009, at 6:00 p.m., in the Executive Conference Room. Discussion of the June 2, 2009 regular agenda items There was no discussion of the regular agenda items. There being no further discussion, Mayor Pro Tem Ayers adjourned the Pre Council meeting at 5:43 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tem Ayers on June 2, 2009, at 5:43 p.m. ROLL CALL: Councilmembers Stan Hall, Tom Hart and Mike Taylor were present. Mayor Pro Tem Jon Ayers, 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. Mayor David Kelly and Councilmember Carol Wollin were absent. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D City of Colleyville Page 2 Printed on 6/12/2009 City Council City Council Minutes -Draft June 2, 2009 Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Pro Tem Ayers explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 5:43 p.m. and reconvened at 7:30 p.m. 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 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilman Hart announced the Summer Reading Program begins June 13, 2009, at 8:30 a.m. with aKick-off Cowboy Breakfast. Patrons of all ages can sign up beginning June 1 and claim prizes June 15 -August 1. The program includes magic shows, parties, exotic animals and costume characters every Tuesday and Thursday at the Library and a free movie on Fridays. Mayor Pro Tem Ayers presented a Proclamation in recognition of National Garden Week, June 7-13, 2009, to Susan Taylor, Vice-President of Programs and Suzanne Hughes, Vice President of Fundraising for the Colleyville Garden Club. Ms. Taylor, on behalf of the Garden Club membership, expressed appreciation to the City Council for their support and recognition. City of Colleyville Page 3 Printed on 6/12/2009 City Council City Council Minutes -Draft June 2, 2009 CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3102 4a Approval of the minutes of the regular City Council meeting of June 2, 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 Mayor Pro Tem Ayers read Resolution R-09-3102 in its entirety. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. City Attorney Matthew Byole stated the Quitclaim Deed conveying property from the Bransford Park Land Trust to the City of Colleyville will clarify and make available those particular properties for a subsequent lease for mineral rights. These properties were not included under the original lease and this approval will make them eligible for a subsequent lease. Councilmember Taylor moved to approve Resolution R-09-3102. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 4 -Stan Hall, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 4 Printed on 6/12/2009 City Council City Council Minutes -Draft June 2, 2009 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 Mayor Pro Tem Ayers stated Ordinance 0-09-1716 is continued from the May 19, 2009 City Council meeting. Mayor Pro Tem Ayers read the caption of Ordinance 0-09-1716. City Manager Jennifer Fadden stated Mr. Whitaker, the applicant, submitted an additional ordinance for consideration, which is included in the City Council packet. Mayor Pro Tem Ayers opened the public hearing. Mr. Chris Whitaker, 7204 Marantha Court, stated that it is believed that the modifications made to the proposed ordinance do not constitute a material change and spoke regarding meetings with City Councilmembers and staff, the enforceability of the original documents and requested the proposed ordinance be tabled to allow time to meet with the City Attorney. Mr. Jim Moore, 1416 Glade Road, spoke regarding the procedure for submission of the proposed ordinance and petition. Mr. Keith Staudt, 7208 Bell Meade, spoke in opposition to the proposed ordinance and regarding the proposed ordinance content, legislation affecting the proposed ordinance, the process for retracting a signature from the petition, the process for amending the petition and ordinance, the interpretation of the City Charter, Section 6.02 and requested the item to be tabled. Mr. Orlando Alamiz, 6805 Peters Path, spoke in favor of the proposed ordinance and regarding the service of the Colleyville Commuter Rail Committee. Mayor Pro Tem Ayers stated we have heard pros and cons surrounding this issue and it has provided for a very important dialogue on the issue of rail in the City. It is the responsibility of the City Council to protect the property values, health, safety and welfare of the citizens and the dialogue has provided an opportunity to address these issues. From prior discussions of the legal aspects, it appears the proposed ordinance was presented to City Council with the requisite number of signatures on the petition and with legislation that the City Council may vote on or send City of Colleyville Page 5 Printed on 6/12/2009 City Council City Council Minutes -Draft June 2, 2009 to the citizens for a vote. To some extent, the City Council's options are limited with regard to action on the proposed ordinance. The applicant, as I understand it, based on the City Charter, is given some leeway or control regarding presentation of the proposed ordinance to City Council. I tend to agree with Mr. Moore and Mr. Staudt as to the fact that City Council has received various versions of the proposed legislation and the last two versions were not vetted by the citizens that actually signed the petition. As a consequence, I interpret the City Charter to allow a piece of legislation to be presented to City Council by way of a petition, and that City Council may make minor typographical changes, and that if the City Council makes those changes, then the City Council returns the legislation to the applicant and the applicant basically gives the blessing, if you will, that no substantiative changes have been made. I don't believe that the City Council is in a position to accept wholesale changes to legislation presented originally with the petition. So, although the City Council has identified some potential issues with the wording, I don't think City Council is in a position to accept version two or version three. The City Council, along with the City Attorney, is trying to determine if the legislation should be submitted to the voters in November. City Council's hands may be tied, and short of an actual withdrawal of the petition, City Council may not be in a position to make any modifications or changes to what originally was submitted. But the Council is not in a position to make that statement. I believe the principal issues have been identified, which are whether the City should have a train station and whether the City should express the desires of the citizens regarding rail to the agency responsible for the trains. If the applicant, City Council, City Attorney and staff can refine the legislation to key issues, then I would support putting something on the ballot as a citizen referendum for a November election where the citizens of Colleyville will have an opportunity to decide these issues. I don't think the City Council should decide this issue; let the citizens decide. Then the question becomes what goes before the citizens. I agree with the applicant that this item should be tabled to provide an opportunity for the applicant to work with the City Council, City Attorney and staff to make modifications, if it is determined modifications can be made. It is my understanding if City Council voted on the proposed ordinance and denied the three versions, an election must be held in the fall. The City Atttorney has advised the law does not allow for a November election to be called this evening. The City Council may call a November election at the August 18, 2009 City Council meeting. I suggest the City Council table this item and, between now and August 18, 2009, the applicant meet with the City Attorney, staff and Councilmembers, if they wish to be involved in the process, and determine the appropriate and legal action. The City Attorney stated there are limited parameters that would allow the applicant to withdraw the petition. City of Colleyville Page 6 Printed on 6/12/2009 City Council City Council Minutes -Draft June 2, 2009 Mayor Pro Tem Ayers moved to table Ordinance 0-09-1716. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 4 -Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 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 Mayor Pro Tem Ayers read the caption of Ordinance 0-09-1718. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-09-1718. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 4 -Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5c 0-09-1719 Approval of amendments to Chapter 7 -Sign Regulations of the Land Development Code regarding electronic signs, Case G-09-006 Mayor Pro Tem Ayers read the caption of Ordinance 0-09-1719. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Interim Community Development Director Ron Ruthven stated the request involves changing the message interval time for electronic signs to allow the message to be changed every ten seconds on a sign that is located along Precinct Line Road, SH121 and SH26. The message could not scroll but the text message could change every ten seconds. Councilmember Hart moved to approve Ordinance 0-09-1719. Councilmember Taylor seconded the motion. City of Colleyville Page 7 Printed on 6/12/2009 City Council City Council Minutes -Draft June 2, 2009 The motion carried by the following vote: Aye: 4 -Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 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 Mayor Pro Tem Ayers stated Resolution R-09-3093 is continued from the May 19, 2009 City Council meeting. City Manager Jennifer Fadden stated there is a third resolution in your packet for consideration. Mayor Pro Tem Ayers read Resolution R-09-3093 in its entirety. Mayor Pro Tem Ayers opened the public hearing. Mr. Chris Whitaker, 7204 Marantha Court, expressed appreciation to the City Council for leading the efforts to determine a solution that is acceptable to all the citizens and City Council and requested the same consideration in this matter as Ordinance 0-09-1716. Mr. Keith Staudt, 7208 Belle Meade, spoke regarding different versions of the proposed resolution and whether the City Charter permits differing versions, the status of the Texas Local Options legislation and requested clarification regarding the City Charter, Section 6.02. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor spoke regarding the legality of modifying the proposed resolution, findings of the DEIS Study, the desire of the citizens regarding rail in Colleyville, lack of a plan and funding for a rail station and stated a rail station cannot be constructed in Colleyville without the the City's authority. Councilmember Taylor moved to table Resolution R-09-3093. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 4 -Stan Hall, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 8 Printed on 6/12/2009 City Council City Council Minutes -Draft June 2, 2009 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 Mayor Pro Tem Ayers read Resolution R-09-3103 in its entirety. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Hall moved to approve Resolution R-09-3103. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 4 -Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Colleyville Center Advisory Committee Minutes -February 23, 2008 There was no discussion of this item. 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 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 4 -Stan Hall, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 9 Printed on 6/12/2009 City Council City Council Minutes -Draft June 2, 2009 Mayor Pro Tem Ayers adjourned the meeting at 8:26 p.m. APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE DAY OF Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary NAYS AND 2009. City of Colleyville Page 10 Printed on 6/12/2009 ~~~~~~ ~"~= Cit`, of Colle~/V~~~e 100 Main Street 1 l . ~~y~~~. ~~i ~P ~ Colleyville, Texas 76034 D ft Mi t ra 817.503.1000 nu es - '~•~~~~ vwvw.colleyville.com Joint City Council and Planning and Zoning Commission Thursday, May 21, 2009 6:00 PM Colleyville Public Library 110 Main Street, 2nd Floor The Joint Worksession of the Colleyville City Council and Planning and Zoning Commission was called to order by Mayor David Kelly on May 21, 2009, at 6:07 p.m. ROLL CALL: Councilmembers Stan Hall, Tom Hart, Mike Taylor, and Mayor David Kelly; Planning and Zoning Commissioners David Phelps and Scott Redfearn were present. Colleyville Tree Board member Roger Nelson was present. City Manager Jennifer Fadden, Interim Community Development Director Ron Ruthven, Director of Parks and Recreation Monica Walsh, Planner Justin Bass and Planning and Zoning Assistant Amy Shelley were also present. Other Attendees: Mr. Paul Howard with Burditt Consultants, LLC 2. Opening Comments Mayor Kelly welcomed everyone and stated information will be presented regarding the tree study by representatives from Burditt Consultants. Interim Community Development Director Ron Ruthven introduced Mr. Paul Howard. 3. Presentation and Discussion 3a Discussion of possible amendments to Chapter 5-Tree Preservation of the Land Development Code Mr. Howard outlined the tree study findings, which included the purpose of a City urban forester or landscape administrator, clarification of the permitting process, a tree disposition plan, specifications and details of tree preservation, a matrix of preserving large trees and staff and consultant recommendations. The City Council requested staff present the tree preservation code revisions at a future Pre Council meeting. City of Colleyville Page 1 Printed on 6/12/2009 Joint City Council and Planning and Minutes -Draft May 21, 2009 Zoning Commission 4. ADJOURNMENT Mayor Kelly expressed appreciation to Mr. Howard and to the City Council and Planning and Zoning Commissioners for their input to the tree preservation revisions. There being no further discussion, Mayor Kelly adjourned the meeting at 7:21 p.m. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE AYES, NAYS AND DAY OF 2009. Minutes taken and prepared by: Amy Shelley Planning and Zoning Assistant City of Colleyville Page 2 Printed on 6/12/2009 RESOLUTION R-09-3106 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JUNE 16, 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 June 2, 2009 b. Approval of the minutes of the Joint City Council and Planning and Zoning Commission meeting of May 21, 2009 c. Approval of a Professional Services Agreement with Baird, Hampton and Brown, Inc., for the design of the Glade Road and Pool Road Intersection Improvements, in an amount not to exceed $93,620.00, and authorize the City Manager to execute the contract d. Approval of a construction contract with JRJ Paving, LP for the Street Resurfacing Improvements 2009 Project, in the amount of $348,373.06. and authorize the City Manager to execute the contract and any associated change orders, in an amount not to exceed $25,000 e. Approval of a waiver of the water well drilling requirements requested by Gary S. Williky at 1312 Tinker Road f. Approval of a Professional Services Agreement with Deltatek Engineering, for design of the Hall Johnson 1.5 Million Gallon Elevated Storage Tank Rehabilitation, in an amount not to exceed $73,970.00, and authorize the City Manager to execute the contract AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. Resolution R-09-3106 Page 2 of 2 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ~A City of Colleyville 100 Main Street %° ~ t ., ~;~g~~~i~,~9~~'1(~ Colleyville, Texas 76034 Minutes -Draft 817.503.1000 '~~~~~~ www.colleyville.com Joint City Council and Planning and Zoning Commission Thursday, May 21, 2009 6:00 PM Colleyville Public Library 110 Main Street, 2nd Floor The Joint Worksession of the Colleyville City Council and Planning and Zoning Commission was called to order by Mayor David Kelly on May 21, 2009, at 6:07 p.m. ROLL CALL: Councilmembers Stan Hall, Tom Hart, Mike Taylor, and Mayor David Kelly; Planning and Zoning Commissioners David Phelps and Scott Redfearn were present. Colleyville Tree Board member Roger Nelson was present. City Manager Jennifer Fadden, Interim Community Development Director Ron Ruthven, Director of Parks and Recreation Monica Walsh, Planner Justin Bass and Planning and Zoning Assistant Amy Shelley were also present. Other Attendees: Mr. Paul Howard with Burditt Consultants, LLC 2. Opening Comments Mayor Kelly welcomed everyone and stated information will be presented regarding the tree study by representatives from Burditt Consultants. Interim Community Development Director Ron Ruthven introduced Mr. Paul Howard. 3. Presentation and Discussion 3a Discussion of possible amendments to Chapter 5-Tree Preservation of the Land Development Code Mr. Howard outlined the tree study findings, which included the purpose of a City urban forester or landscape administrator, clarification of the permitting process, a tree disposition plan, specifications and details of tree preservation, a matrix of preserving large trees and staff and consultant recommendations. The City Council requested staff present the tree preservation code revisions at a future Pre Council meeting. City of Colleyville Page 1 Printed on 6/11/2009 Joint City Council and Planning and Minutes -Draft May 21, 2009 Zoning Commission 4. ADJOURNMENT Mayor Kelly expressed appreciation to Mr. Howard and to the City Council and Planning and Zoning Commissioners for their input to the tree preservation revisions. There being no further discussion, Mayor Kelly adjourned the meeting at 7:21 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. Minutes taken and prepared by: Amy Shelley Planning and Zoning Assistant City of Colleyville Page 2 Printed on 6/11/2009 ("~? ~~° ~ City of Colleyville 100 Mlain Street ~y Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 06/16/2009 Controlling Body: City Council Requester: Engineering Agenda No.: 4c Final Action: Department File Name: Approval of a Professional Services Agreement with Baird, Hampton and Brown, Inc., for the design of the Glade Road and Pool Road Intersection Improvements, in an amount not to exceed $93,620.00, and authorize the City Manager to execute the contract Attachments: Glade Road and Pool Road Professional Service Agreement Glade Road and Pool Road Intersection Public Comments and Answers Glade Road and Pool Road Intersection Improvements -Additional Citizen Comments and Questions.pdf History of Leg islative File Version: Date: Acting Body: Action Text: 1 06/16/2009 City Council Title Approval of a Professional Services Agreement with Baird, Hampton and Brown, Inc., for the design of the Glade Road and Pool Road Intersection Improvements, in an amount not to exceed $93,620.00, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing A ten year Capital Improvement Plan (CIP) was approved by City Council in September 2008. The projects scheduled in Fiscal Year 2009 (FY 2009) include the design of intersection improvements at Glade Road and Pool Road. This project is intended to reduce traffic congestion in the area and enhance pedestrian safety within the intersection. This project will also allow replacement of the existing substandard water line with a water main that coincides with the City of Colleyville Water System Master Plan. In March 2009, the firm of Baird, Hampton and Brown, Inc. presented a preliminary study to City Council, which consisted of an evaluation to determine the optimum type of roadway improvements for this intersection in terms of geometrics and enhanced traffic and pedestrian movement. The results of the study indicated that a hybrid type of roundabout, with right turn capability in each direction, was the most efficient method of addressing existing traffic and pedestrian concerns in this vicinity. Accordingly, the Engineer presented the results of this study to citizens at a public informational meeting at the Colleyville Public Library on April 28, 2009. Questions and comments offered by citizens during the public meeting, along with associated responses from the Engineer, are attached. Baird, Hampton, & Brown, Inc. submitted the attached Professional Services Agreement for City of Colleyville Page 1 Printed on 6/10/2009 Agenda Briefing Continued City Council consideration. This agreement provides a scope of work and fee proposal, in the total amount of $93,620.00, for the design of a roundabout at the Glade Road and Pool Road intersection, and includes construction administration services. Several amenities will be included in the project design, including landscaping, artwork features, and a unique lighting system that will be installed in all four crosswalks. The Engineer has successfully completed design and construction administration of other municipal projects in the City of Colleyville. The agreement provides for engineering design and easement acquisition to be completed within six months. Subsequently, the process of relocating franchise utilities will be performed. It is anticipated that construction of this project will begin in Spring 2010 and be completed in Fall 2010. Financial Impact It has been determined that funding is available from the water impact fee portion of the Utility Fund. Recommendation Approval City of Colleyville Page 2 Printed on 6/10/2009 a Q o Baird, Hampton & Brown, Inc. o 0 e Engineering & Surveying April 21, 2009 Mr. Steve Chutchian, PE, Director of Public Works Colleyville Engineering Department City of Colleyville 100 Main Street Colleyville, Texas 76034 Tel 817-503-1096, Fax 817-503-1099 RE: GLADE ROAD & POOL ROAD INTERSECTION IMPROVEMENTS -SINGLE LANE ROUNDABOUT W/BYPASS LANES - BHB No 09.701.01 Mr. Chutchian: We are pleased to submit, for your consideration, our scope of services and fee proposal to provide professional engineering and surveying services, and to prepare construction documents for the proposed intersection improvements. As you know, we are familiar with these types of projects, provide similar services on a recurring basis, and are confident that we can assist you in a timely and responsible manner. Our scope of work is based upon our recently completed study and follow-up discussions; the project, as proposed, consists of reconfiguring the existing cross-intersection into a single lane roundabout with bypass lanes. Please refer to the enclosed exhibits. Our efforts will provide for a detailed topographic survey, right-of-way mapping, a sidewalk easement, and complete construction documents (plans, specs, estimates, and contract documents) ready for bidding and construction; furthermore, we anticipate assisting the City of Colleyville with bidding, contractor selection, and assistance with construction administration. We propose to complete the field surveys and prepare a Concept Report (consisting of a drainage analysis, roadway geometrics, right-of-way mapping, and cost estimates) to document the construction scope of work as we understand it. This effort may be estimated to represent approximately 20%-35% of the design and will provide an ideal time for City review and comment. Following the City's review of the Concept Report, we will proceed with Preliminary Plans, specifications, contract documents, and estimates. We propose to submit these documents (which may be estimated to be 60%-75% complete) for further review by the City's engineering staff. We will then incorporate any review comments, complete the construction documents (plans, specifications, contract documents, and estimates), and prepare for bidding and construction. We anticipate a final review by the City's engineering staff, and will be prepared to incorporate any comments prior to bidding the project. Per the previously submitted Estimate of Probable Construction Cost, the project has been estimated to cost approximately $600,000; however, we recommend adding to this, funds for intersection lighting and flashing pavement lights at the pedestrian crosswalks. Therefore, the revised/updated estimate of probable construction cost is approximately $650,000. 4550 S.H. 360, Suite 180, Grapevine, Texas 76051, www.bhbinc.com Main: 817-338-1277, Office: 817-251-8550, Fax: 817-251-8810, Email: civil@bhbinc.com Mr. Steve Chutchian, Director April 21, 2009 Page 2 Professional fees for Engineering Services are typically determined per the procedures outlined in "A Manual of Practice for Engaging the Services of a Consulting Engineer", published by the Consulting Engineers Council and the Texas Society of Professional Engineers. Furthermore, a detailed list of tasks and estimated man-hour efforts has also been prepared and is enclosed herein. Accordingly, we propose to provide the previously described scope of services, as follows: Update Study Report and Present Findings $ 5,900 Model Bypass Lanes, Present Findings Surveying Services (1,600 LF) $ 6,430 Surveying, Right-of-Way Mapping & Easement Roundabout Plans, Specs & Estimates (8.2%) $53,300 Paving, Drainage & Utilities Construction Phasing and Traffic Control $ 4,500 Phasing Plans and Temp. Traffic Control Signage & Pavement Markings $ 7,240 Lighting, Signage, Pvmt. Markings, Etc. Landscape & Irrigation Plans $ 5,950 Planting Plan and Irrigation System Construction Administration & Support Services $ 5,800 Bidding, Meetings, Site Visits, Etc. Total for Professional Services $89,120 Direct Expenses (i.e. reproduction, shipping, etc.) 4 500 At cost plus ten percent w/$4500 maximum TOTAL FOR SERVICES AND EXPENSES $93,620 This is a stipulated total professional services fee of Eighty Nine Thousand One Hundred and Twenty ($89,120) Dollars, and anot-to-exceed sum of Ninety Three Thousand Six Hundred and Twenty ($93,620) Dollars. Construction support services are limited to providing assistance with Bid Solicitation, Tabulation of Bids and Contractor Recommendation, Consultation & Assistance w/Conflict Resolution, Attending Pre- Construction Meeting, Shop Drawing Review, Site Visits (up to three), Participating in Final Walk- Through, and Preparation of As-Built Plans. Additional services, if requested, will be provided at the following hourly billing rates: Principal $160/Hr, Project Manager $135/Hr, Senior Engineer $120/Hr, Engineer (EIT/PE) $85-$100/Hr, CAD/Drafting $60/Hr, Surveyor (RPLS) $100/Hr Survey Technician $75/Hr Robotics Survey Crew $95-$110/Hr GPS Survey Crew $120-$160/Hr Clerical Support $50/Hr We can complete the survey and prepare preliminary plans, for your review, within approximately eight to ten weeks of receiving your authorization to proceed. Final plans, for bidding and construction, will be completed within approximately six months. 4550 S.H. 360, Suite 180, Grapevine, Texas 76051, Tel 817-251-8550, Fax 817-251-8810, civil@bhbinc.com Mr. Steve Chutchian, Director April 21, 2009 Page 3 Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of this profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended. All reports, drawings and/or specifications prepared or assembled under this agreement shall become the sole property of the City and shall be delivered to the City, without restriction on future use. Engineer shall retain in his files all original drawings, specifications and all other pertinent information for the work. Engineer shall have no liability for changes made to the drawings, specifications, and other documents by other engineers. The City shall require that any such change be sealed, dated and signed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. In order to provide a fee which includes a lesser allowance for risk funding, the liability arising from professional acts, errors or omissions, will be limited such that the total aggregate liability will not exceed Two Hundred and Fifty Thousand Dollars. Engineer shall and does hereby agree to indemnify and hold harmless the City, its officers, agents, and employees from any and all damages, loss or liability of any kind whatsoever, by reason of death or injury to property or third persons caused by the omission or negligent act of Engineer, its officers, agents, employees, invitees or other persons for whom it is legally liable, with regard to the performance of this contract. If the above described scope of services, schedule, and fee structure meets with your approval, then please sign below signifying your acceptance of our proposal and return a copy to us for our files. We will invoice monthly, based upon the project's percent completion, and expect payment within thirty days. We appreciate the opportunity to submit this proposal and look forward to assisting you with this project. Thank you, BHB Engineering & Surveying Konstantine Bakintas, P.E. Principal, Civil Engineer ACCEPTED: CITY OF COLLEYVILLE Authorized Representative: Date: c:\documents and settings\kb\my documents\word files\proposals\colleyville -glade & pool roundabout cds.doc 4550 S.H. 360, Suite 180, Grapevine, Texas 76051, Tel 817-251-8550, Fax 817-251-8810, civil@bhbinc.com _ Glade Road & Pool Road Roundabout Item /Task Descri tion & Estimated Man-Hour Effort Project Project Project Landscape Engineering Survey Item I Task Description Manager Engineer Surveyor Architect CADD/Tech CADD/Tech Clerical Amount (Hrs) (Hrs) (Hrs) (Hrs) (Hrs) (Hrs) (Hrs) ($) Update Study Report and Present Findings ' Model Bypass Lanes 2 12 8 4 2400 Prepare Presentation 4 12 ' 8 4 2720 Public Meeting 3 3 780 Sur veying Services (1,600 LF) i __ __ Topogrpahic Surveying - - 2 2 _ 24 16 4760 Right-of-Way Mapping 4 10 1 1380 Prepare Sidewalk Easement ' 2 1 290 Rou ndabout Plans, Specs & Estimates Geotemetic Layout & Control 16 ~ 40 60 2 11830 Paving Improvements 8 40 60 10380 Drainage Improvements 4 40 60 9740 Water & Sewer Adjustments 4 40 ' 40 8040 Construction Cost Estimates 2 24 ' 24 - 4 4960 - Technical Specifications 2 16 ! -- 4 _ - 16 3060 Contract Documents 2 1 16 4 24 3460 Submital & Review Meetings 4 8 4 1 1830 Construction Phasing and Traffic Control Construction Phasing Plan 2 8 8 - 1 1850 - __ Temprorary Traffic Control Plan 2 - 16 - - _ 8 ! ~ 1 2650 , _. _ __ _ _ -- - - Signage & Pavement Markings -_ - ' Striping & Signage Plan 2 16 12 1 2990 Lighting & Safety/Warning Lights 2 ! 32 8 1 4250 _- - I -- - - Lan - -- ation Plans P g & I ~- - Plantin Plan 9 2 ~ 2 ~ 24 -- 10 1 3820 - _ Irrigation Plan 2 _ ~ 12 8 1 2130 Construction Administration & Support Services Bid Project & Tabulate Results 4 12 - - ~ 1840 --- Pre-Con & Final Inspections 4 - 4 - _ 1040 Construciton Administration Support 4 16 ~ 8 2920 Total for Professional Services 75 361 30 36 334 28 61 $ 89,120 4550 S.H. 360, Suite 180, Grapevine, Texas 76051, Tel 817-251-8550, Fax 817-251-8810, civil@bhbinc.com GLADE ROAD & POOL ROAD INTERSECTION -EXISTING 4550 S.H. 360, Suite 180, Grapevine, Texas 76051, Tel 817-251-8550, Fax 817-251-8810, civil@bhbinc.com qa !tGlO~ ASTDALi 7XAIil01gN t " ~. a Ir ra Ifs i~ ~) ~ II1 III I I I 1I~ rl~ I ~I II ,I II .,~ ~ i I li I ~~~1I I t~ I I I i ~ 1 I l I -- -.:_.:r~ ~ I ip 1 k i ~ GLADE ROAD & POOLROAD ROUNDABOUT-PROPOSED 4550 S.H. 360, Suite 180, Grapevine, Texas 76051, Tel 817-251-8550, Fax 817-251-8810, civil@bhbinc.com GLADE ROAD & POOL ROAD INTERSECTION PUBLIC COMMENTS /QUESTIONS 8 ANSWERS What type of intersection control is appropriate at this intersection? A detailed analysis, based upon recent traffic counts, modeled the intersection under the following control conditions: 1. All Way Stop (AWSC) 2. Traffic Signal Control 3. Single Lane Roundabout -SLR 4. Single Lane Roundabout w/Right Turn Lanes -SLR Hybrid 5. Multilane Roundabout -MLR Results confirmed that motorist experience long delays under the existing control, AWSC, and the overall operation of today's intersection is inadequate. All of the other control alternates provide better operation than the existing AWSC. When considering the average delay (seconds per vehicle) and total delay (vehicle-hours) of the various control alternatives, the SLR Hybrid out performs Signalized Control, and basic SLR. Furthermore, a MLR roundabout out performs the SLR Hybrid. However there is not enough right-of-way at Glade & Pool /Jackson Road to build a MLR, and a MLR is not warranted for projected traffic volumes. Therefore a Single Lane Roundabout (with or without bypass lanes) is the best control choice at this intersection. The SLR Hybrid outperforms the SLR and may be constructed within the available right-of- way with little additional cost. What is a roundabout? A roundabout is an intersection which directs traffic flow around a center island before a motorist exits towards their destination. Vehicles entering the circular lane(s) of the roundabout are required to yield to traffic in the circle. The basic geometry of a roundabout is displayed in the figure below. a~ o.r~ w.rw Entry radlw 6dt wkMh ~' ~ s .~.,, ~ ~ ~ ~` ,. , ~_ ~ .. ~ ~ ~~ ~ V SplMer lalnnd YINd INS Glade Road & Pool Road Intersection Page 1 Questions & Answers How is the recommended roundabout hybrid different from a basic single lane roundabout? The SLR Hybrid affords motorist the opportunity to make a right turn at the intersection without entering the circular roundabout lane. Are the right-turn by-pass lanes necessary for the recommended roundabout? The study stipulates that a basic SLR (without bypass lanes) will provide an adequate level of service. However, traffic operations will improve notably with the addition of by-pass lanes. The use of roundabout by-pass lane has helped operation of the City's roundabout at Hall Johnson and Bogart. What is the cost difference between constructing the intersection into a roundabout and a signal control installation? Preliminary estimates stipulate the recommended roundabout may be constructed for approximately $700,000 to $800,000. The cost of constructing signal control at this intersection has not been determined; however, signalizing an intersection of this size would generally cost approximately $150,000 to $250,000. The initial costs should not be the only criteria for selecting the best intersection control method. It's important to consider the overall cost for the life of the intersection. Studies show in comparison to signalized control, roundabouts will result in less traffic delays, reduce air pollution and increase energy savings. It's difficult to assign a dollar figure to these benefits, however we believe over time the construction of a roundabout at this intersection will be more cost effective than signalized control. Why does the study indicate, that in some cases the projected (2019) traffic experiences less delays than the existing (2009) traffic, when volumes are expected to increase at the intersection over the next ten years? When traffic is light along a route, more of the hourly traffic is concentrated in a single 15 minute interval, resulting in a lower peak hour factor. As traffic volumes grow over time along a roadway, the volume growth distributes into the other 15 minutes periods, resulting in more distributed volumes that are spread across the peak hour. There is noway to know exactly how traffic volumes 10 years in the future will be distributed across the analysis hour. Due to this uncertainty, the Highway Capacity Manual's standard peak hour factor of 0.92 for urban intersection conditions was applied to the 2019 analyses. In evaluating the effectiveness of each of the various intersection control alternatives, we recommend focusing on the Total Delay (vehicle-hours) which represents the intersection average delay multiplied by the total entering vehicular volume. Are other roundabouts successfully operating in the area? Below is a list of roundabouts recently built in the metroplex: 1) E. Continental Blvd. & S. Carroll Ave. / Brumlow Ave. (SLR) - Southlake -Built in 2004 - Operating volume of approximately 17,000 vehicles/day 2) Hall Johnson Rd. & Bogart Dr. (SLR w/ a single By-Pass Lane) - Colleyville -Built 2008 3) Lakeside Pkwy. & Long Prairie Rd. (MLR) -Flower Mound -Series of 3 roundabouts 4) Wheeler Ridge Dr. & Brenton Dr. (Residential SLR) -Denton 5) Quorum Dr. & Addison Circle (MLR) -Addison -Built 1996 6) W. Brand Rd & Bellaire Dr. /Three Oaks Dr. (SLR) -Garland 7) Main St. & Coyle /Skyline Rd. (SLR) -Rowlett Glade Road & Pool Road Intersection Page 2 Public Concerns The roundabout at Continental & Carroll in Southlake contains similar characteristics to the intersection at Glade 8 Pool /Jackson Rd. At the two locations much of the surrounding area is residential and an elementary school is nearby. The Continental i~ Carroll intersection was also originally AWSC. A traffic study which analyzed pre and post-construction traffic operations at the Continental & Carroll was conducted by Lee Engineering, LLC. The following Before (pre-construction) & After (post-construction) traffic improvements were documented. Tabte 10. Operational Improvearents at the Southlake Roundabout TOTAL INTERSECTION AM Peak Hour PM Peak Hour Before After % Change Before After % Change Entering Volume (veh/hr) 1296 1686 + 30% 1109 1925 + 74% Delay (sec/veh) 123.7 14.4 - 88% 56.9 13.9 - 76% MAJOR MOVEMENT AM Peak- Eastbound PM Peak -Westbound Before After % Change Before After % Change Approach Delay (sec/veh) 317.0 15.7 - 95% 11'8.4 13.0 - 89% Maximum Queue (veh) 64 15 - 77% 41 10 - 76% Average Queue (veh) 41 3 - 92% 13 3 - 80% Currently the City of Southlake has plans for 3 additional roundabouts in the future. If traffic flow at the intersection is improved will other neighboring intersections be adversely effected? Reconstructing Glade & Pool /Jackson Rd to any of the alternate intersection controls will provide better traffic flow through the intersection in comparison to today's operation. As a result, neighboring intersections will experience different traffic conditions. Signalized intersections adjacent to the study intersection may need to be monitored for possible traffic flow increases, and the signal timing may need to be re-calibrated to address any traffic differences. Would a driver's views be blocked by the inner roundabout landscaping circle or other obstructions? Currently, a complete intersection design which includes finished grade elevations has not been developed. However, the final design of a roundabout will consider visibility when establishing finished grades throughout the intersection. We anticipate roundabout construction elements such as the lane splitter islands and circular truck apron to protrude slightly above the adjacent traffic pavement. The central landscaped area will be designed so the views are not obstructed. Glade Road & Pool Road Intersection Page 3 Public Concerns Special consideration will be given to any art work which may be installed at the roundabout circle so that it is not a distraction and does not hinder motorist and pedestrian views. Furthermore, adequate lighting will be provided at this intersection to enhance vision at night. Does the recommended roundabout interfere with existing screening walls at the intersection? It is not anticipated the roundabout lanes will conflict any of existing structures. If a screening wall is disturbed during construction, the wall will be reconstructed to its original condition or better. What do I need to know to drive through the recommended roundabout? Navigating through a roundabout is relatively simple... by paying attention to posted signs, yielding where indicated, traveling though the intersection is no different than merging into a lane. The following link contains an interesting and helpful instructional video of how to drive through a roundabout: httD://www. youtube.com/watch?v=MywmtskFiil What type of pedestrian safety measures will the recommended intersection have? How does existing pedestrian crossing operation compare to pedestrian crossing at the recommended intersection? An optimum level of safety for pedestrian travel at the intersection is imperative. Therefore, adequate lighting, pavement markings and signage will be installed at the recommended roundabout. Crosswalks will be constructed with refuge islands, flashing signage and crosswalk pavement lights to clearly indicate pedestrians have the right-of--way as they cross the connecting intersection streets. Below is an example of the recommended flashing signage and crosswalk pavement lights. Currently, persons crossing Glade 8~ Pool Road travel through five lanes of traffic without a place of protected refuge normally positioned at the center of the roadway. Persons crossing Jackson Road may step onto a raised median for protected refuge while crossing three lanes of traffic. A Volunteer Cross Guard assists pedestrians through the intersection during peak pedestrian traffic hours. The recommended roundabout's pedestrian refuge islands will be an improvement over today's conditions where there are currently long unprotected pedestrian crosswalks. Continued assistance from Glade Road & Pool Road Intersection Page 4 Public Concerns a school Cross Guard and possibly an additional Guard will still be needed and is strongly recommended throughout peak school/pedestrian traffic hours. Will sidewalks connect at all legs of the Intersection? Are sidewalk planned to be adjacent to the roundabout by-pass lanes? At a minimum, standard 5' wide sidewalks will link all streets at the intersection. The Roundabout Concept Plan calls for sidewalk adjacent to the by-pass lanes. The available right-of--way does not appear to allow for sidewalks to be installed further away from the by-pass lanes; however, sidewalks will be widened where ever possible. Will the intersection be safe for children to cross? Regardless of which alternate intersection is selected this intersection is anticipated to encounter high volumes of traffic. Public involvement is encouraged to teach children to be aware of vehicles traveling through the intersection. The following link provides helpful tips for pedestrians and cyclists crossing a roundabout. http://www.youtube.com/watch?v=Y05oGz5B1 WQ Will this project include dedicated bike lanes? Dedicated bike lanes will not be installed at this intersection. Cyclists will travel through the intersection as they do today. Cyclists have the option of walking through the crosswalks or traveling through the intersection as a motorist would. When will construction start? City Council is anticipated to consider authorizing the design of the recommended improvements in June of this year. If the project proceeds, then construction should be anticipated to commence towards the end of this year. How long will construction last? Reconstruction of a highly travelled intersection, such as this one, is time consuming; as you can imagine, multiple interim traffic lane arrangements will be required. Following utility line relocations, please anticipate construction to take four to six months. Glade Road & Pool Road Intersection Page 5 Public Concerns Glade Road & Pool Road Intersection Improvements Additional Citizen Comments/Questions Jeremy Hutt From: Sent: Wednesday, April 15, 2009 12:23 PM To: Jeremy Hutt Subject: Glade Road improvements -----On 1 Message----- From: To: chutcluans@ci.colleyvile.tx.us Sent: Wed, 15 Apr 2009 12:16 pm Subject: Glade Road improvements To whom it may concern: I would tike to express my concern for those chiidren who cross the intersection of Glade and Pool to get from Brookmeadows/T hornberry subdivisions to the bike trail on Pool Rd. If a round-a-bout is installed at that intersection, how will they safely be able to cross the intersection? Many of us cross this intersection and ride down Pool Rd to access the bike trail at various times during the week. If cazs are not required to stop I do not see how we will get across safely, particularly if children aze crossing without the aid of adults. Please consider this when deciding on changes to taus intersection. Thank you, Susan Wilson Save money by eating out! Find great dining coupons in your area. Save money by eating out! Find great dining_coupons in~our area. 6/8/2009 Jeremy Hutt From: Steve Ghutchian Sent: Friday, April 24, 2009 2:13 PM To: '~~~ Cc: Jennifer Fadden Subject: RE: Glade, Pool intersection Hi Gail: Thanks for the heads-up. The reason we are having an informational meeting next week is to make more citizens informed as to the function of this roundabout for motorists and pedestrians. In response to some of their concerns, the roundabout will have four-way crosswalks. Each crosswalk will have blinking lights installed that will come on when a pedestrian pushes a button. These lights will work day and night. This is an excellent new feature in our community. The crosswalks wilt also be located outside the roundabout and the crossing guard will remain on the job as he currently operates today. Pedestrian safety at this intersection, especially related to school children, has been a very high consideration on this project. Thanks. Steve C. From: Gait Manion Sent: Friday, April 24, 2009 1:5$ PM To: Steve Ghutchian Subject: Glade, Pool intersecction Steve- some feedback for you regarding the intersection improvements planned for Glade and Pool- The biggest concern at the Brook Meadows neighborhood meeting this week was the crosswalks. Currently there are quite a few children that cross the intersection going to OC Taylor Elementary. There is a crossing guard stationed there. At the meeting next week, the parents would like some explanation of how the crossing will work with a roundabout and to know if there will still be a crossing guard. Not sure if I will make it to the meeting, but wanted to give you a heads up. Gail 6/8/2009 Steve Chutchian From: Steve Chutchian Sent: Thursday, May 14, 2009 2:53 PM To: 'Edwards, Luann' Subject: RE: Glade and Pool Actually, roundabouts are becoming more popular among municipalities around the Metroplex, including Colleyville, Southlake and Frisco. Studies have shown that they are very effective in enhancing traffic flow through an intersection and are designed to be safe for both vehicle and pedestrian movement. An engineering report was recently prepared for City Council consideration that revealed a signalized intersection would not adequately reduce traffic congestion in the intersection. Accordingly, the single lane hybrid roundabout will successfully address the existing traffic and pedestrian issues. I am not aware of any roundabouts being removed in this region. -----Original Message----- From: Edwards, Luann Sent: Thursday, May 1 , To: Steve Chutchian Subject: RE: Glade and Pool Why are we building roundabouts? They have been considered unsafe for decades. As far as I am aware every single one that used to be in Tarrant county has been removed. Luann Edwards Mercer 12404 Park Central Dr., Suite 200 Dallas, TX 75251 Phone: 972-720-2276 -----Original Message----- From: Steve Chutchian [mailto:ChutchianS@ci.colleyville.tx.us] Sent: Thursday, May 14, 2009 2:38 PM To: Edwards, Luann Subject: RE: Glade and Pool Luann: The planned design for the Glade Rd. and Pool Rd. intersection project consists of a single lane hybrid roundabout with free right turn lanes in each direction and cross walks on each side. The surrounding roadways will remain two lanes streets. Should you have any questions, please let me know. Thanks. Steve C. -----Original Message----- From: Edwards, Luann Sent: Thursday, May 14, 2009 2:09 PM To: Steve Chutchian Subject: Glade and Pool Is there a design that is 4 lanes, like Hall-Johnson, with a light being considered? Luann Edwards 1 Mercer Consulting. Outsourcing. Investments. 12404 Park Central Dr., Suite 200 Dallas, TX 75251 Phone: 972-720-2276 This e-mail and any attachments may be confidential or legally privileged. If you received this message in error or are not the intended recipient, you should destroy the e-mail message and any attachments or copies, and you are prohibited from retaining, distributing, disclosing, or using any information contained herein. Please inform us of the erroneous delivery by return e-mail. Thank you for your cooperation. This e-mail and any attachments may be confidential or legally privileged. If you received this message in error or are not the intended recipient, you should destroy the e-mail message and any attachments or copies, and you are prohibited from retaining, distributing, disclosing, or using any information contained herein. Please inform us of the erroneous delivery by return e-mail. Thank you for your cooperation. 2 Jeremy Hutt From: Lisa A. Edwards Sent: Monday, May 18, 2009 1:16 PM To: Steve Chutchian; Jeremy Hutt Subject: Round-about Colleyville Good Afternoon, I just wanted to take a moment and tell you thank you for an outstanding improvement to Colleyville -the Colleyville Middle School Round-about! You did an outstanding job in terms of road/traffic enhancement and landscaping. It is a wonderful community piece that compliments the area so well with the sculpture use. Colleyville is a family community and the use of the art and landscape was really terrific!! I am a resident of the Ashmore subdivision and teamed recently that you were planning another round- about at the Glade/Pool intersection. 1 can only offer praise for a job well done on the last round-about project so I eagerly await the start of this new enhancement for our community. The flow of traffic seems to stay slow in the round- about both during school hours and outside of school hours when I have driven through there. ft would be my hope that this new roundabou# project delivers the same "stow" pattern of traffic throughout the day. Your department did an outstanding job of esthetics -you have another opportunity to showcase a theme for Colleyville once again at this new round-about We are family community and take pride in our gardens and natural plantings around town...perhaps you could include landscaping along the stone wall on the north side of Glade as you modify the turn lanes of the round about too. Just a word of thanks and looking forward to your last project to get underway... Sincerely, Lisa Edwards 6/8/2009 Steve Chutchian From: Barbara Francis Sent: Thursday, May 2 . To: Steve Chutchian Subject: Glade/Pool roundabout Attachments: Roundabout article for BMHOA newsletter 5-20-09.doc ,' Roundabout article for BMHOA n... Dear Steve, Thank you for your quick response regarding our neighborhood newsletter. I've attached the article that is being submitted for this month's newsletter. It includes the two links for the educational videos that were sent to me by Gene Capps, from Baird, Hampton & Brown, Inc. Thought you might be able to use them to help allay other residents concerns. Please let me know if I can help in any way. Barbara Francis 817.917.6941 ~-~~~~ 1 -~a- - .,_ Steve Chutchian From: matt teklitz Sent: Sunday, May 31, 2009 2:39 PM To: Steve Chutchian Subject: Glade/Pool interesection question Dear Mr. Chutchian, After reviewing the studies and presentations about the Glade/Pool intersection on www.Colleyville.com, Iwas left wondering about the impact on pedestrian traffic. While the single lane roundabout appears to provide improved vehicle flow, it was unclear to me how pedestrians would cross the intersection safely if cars were no longer required to stop. In particular, I was curious how the school cross guard could safely control the traffic to allow school children to cross the intersection enroute to OC Taylor Elementary from Thornbury and Brook Meadows. Any clarification you could provide would be appreciated. Sincerely, Charlotte Teklitz 4508 Lakeside Dr Colleyville TX 76034 6/8/2009 .~.-_. '~"~~ City Hall ~ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Public Works Department Agenda Date: 06/16/2009 Agenda No.: 4d Controlling Body: City Council Final Action: File Name: Approval of a construction contract with JRJ Paving, LP for the Street Resurfacing Improvements 2009 Project, in the amount of $348,373.06, and authorize the City Manager to execute the contract and any associated change orders Attachments: 2009 Bid Tab for the Street Resurfacing Improvement Projects # 3309-001 History of Legislative File Version: Date: Acting Body: Action Text: 06/16/2009 City Council Title Approval of a construction contract with JRJ Paving, LP for the Street Resurfacing Improvements 2009 Project, in the amount of $348,373.06, and authorize the City Manager to execute the contract and any associated change orders, in an amount not to exceed $25,000 Explanation Reading and Public Hearing The Fiscal Year 2009 (FY 2009) Street Department budget provides for the maintenance and rehabilitation of residential streets and thoroughfares throughout the community. Included in this year's annual program is the resurfacing of the following various street segments: • Cheek-Sparger Road (Tamblewood Drive to Buckingham Place) • Deepwood Road (Cheek-Sparger Road to Hickory Hill Lane) • Westcoat Drive (McDonwell School Road north to change of pavement) • L.D. Lockett Road (Lowrie Road to Precinct Line Road) • West Glade Road (Colleyville Boulevard to Bransford Road) • Bedford Road (Cheek-Sparger Road to Glade Road) The proposed improvements consist of surface milling of the existing asphalt pavement and resurfacing with a new asphalt surface course. This type of work extends the service life of the existing roadway by several years. The Public Works Department received three (3) bids on June 1, 2009, for the Street Resurfacing Improvements 2009 Project. JRJ Paving, LP, provided the lowest bid of City of Colleyville Page 1 Printed on 6/9/2009 Agenda Briefing Continued $348,373.06, which includes a ten percent (10%) contingency. JRJ Paving, LP has satisfactorily completed projects in the City of Colleyville in the past. Financial Impact It has been determined that funds are available in the FY 2009 Street Department Resurfacing budget. Recommendation Approval City of Colleyville Page 2 Printed on 6/9/2009 City of Colleyville 2009 Street Resurfacing Improvement Projects Prepared June 01, 2009 Bidders Bid Bond Bid Amount JRJ Pavin , LP Yes $316,702.78 PeachTree Construction Yes $323,441.30 Advanced Pavin Co. Yes $340,236.11 ~' ~``• City Hall `' ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 "'"' Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Engineering Department File Type: Resolution Agenda Date: 06/16/2009 Agenda No.: 4e Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of a waiver of the water well drilling requirements requested by Gary S. Williky at 1312 Tinker Road Attachments: Request Letter 1312 Tinker Road Aerial Map Water Well Regulations History of Legislative File Version: Date: Acting Body: Action Text: 06/16/2009 City Council Title Approval of a waiver of the water well drilling requirements requested by Gary S. Williky at 1312 Tinker Road Explanation Reading and Public Hearing Mr. Gary Williky, residing at 1312 Tinker Road, is requesting a waiver from the City of Colleyville for drilling a Paluxy formation well on his property to a depth of 600-750 feet. Existing water well regulations restrict the maximum depth of a well to three hundred (300) feet. This well is intended to replace an existing dried up Woodbine formation well for the purpose of providing water for livestock and irrigation only. Current water well regulations also prohibit issuance of a well drilling permit for any site located within 1,000 feet of a City-owned well. However, all municipal water wells were physically abandoned in September 2008. The City currently receives treated surface water from the Trinity River Authority as its exclusive source of potable water. As a result, the applicant's request will have no impact on the ability of the City to supply necessary potable water throughout the community. Financial Impact It has been determined that there is no financial impact to the City. Recommendation Approval City of Colleyville Page 1 Printed on 6/9/2009 Gary S Williky 1312 Tinker Rd Colleyville TX,76034 May 22, 2009 Via Mail and Email Mr. Steve Chutchian City of Colleyville 100 Main St. Colleyville, TX 76034 RE: 1312 Tinker Road Well Reguest• Lotl Block 1 of the Williky addition: Dear Steve Chutchian, I thank you for your time today and I am writing you to request the ability to drill irrigation well at a depth of 600-750 feet to replace my woodbine wells that have dried up. The reason for the immediate need is that we can not sustain the livestock on our property and irrigate to keep them on our land. Our water retention pond is 70 % below usual levels. I ask that you please present our need to the city council for approval as soon as possible so that we can drill for irrigation and livestock as soon as possible. We have hired Carrizo Drilling, LLC to complete this work. I am hopeful that this may be approved at the June 16th meeting or sooner. I thank you and the city of Colleyville for your help in advance. This is my first ever request in the 21 years I have lived in Colleyville. Please contact me at the number below as to the decision. Sincerely, ary S Williky 817-903-7005 Cc Carrizo Drilling,LLC N 1312 Ti n ker Rd _~~- ~ ~~: .~... Water Well Regulations The Colleyville Code of Ordinances, Appendix A -Water and Sewer Policy and Procedure Manual, Section 2, Section P. Water wells. A water well drilling permit is required prior to any private well being drilled. All water well drillers must be licensed as required by the State of Texas. Drilling permits will be issued only if the following conditions exist: 1. Well driller or property owner will provide the city with a plot plan showing all buildings on the property and the purposed ~proposedJ location of the water well. 2. No water well drilling permits will be issued to drill within 1,000 feet of a city- owned well. 3. Maximum depth of any private well is 300 feet. 4. No well shall be drilled within ten feet of any lot line. 5. All state and federal regulations shall be complied with. fi. The well driller shall provide the city with an affidavit upon completion of the weN with the following information: (a) Final depth of well. (b) Type and size of casing. (c) Was the well casing pressure grouted and what was the quantity of grout used. 7. Private well can only be used for irrigation purposes. ~v ~ ~`' ~ City of Colleyville 100 Mlain Street Colleyville, Texas 76034 r.,... Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Public Works Department Agenda Date: 06/16/2009 Agenda No.: 4f Controlling Body: City Council Final Action: File Name: Approval of a Professional Services Agreement with Deltatek Engineering, for design of the Hall Johnson 1.5 Million Gallon Elevated Storage Tank Rehabilitation, in an amount not to exceed $73,970.00, and authorize the City Manager to execute the contract Attachments: Professional Services Agreement History of Legislative File Version: Date: Acting Body: Action Text: 1 06/16/2009 City Council Title Approval of a Professional Services Agreement with Deltatek Engineering, for design of the Hall Johnson 1.5 Million Gallon Elevated Storage Tank Rehabilitation, in an amount not to exceed $73,970.00, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing The Hall Johnson 1.5 million gallon elevated storage tank was constructed in 1988 on the existing Public Works Service Center site. It is a composite storage facility with a steel tank and a concrete shaft and base. At the time of construction, coatings available for use on the interior surface had an estimated life of 20-25 years. Recent inspections have revealed that the elevated tank is now in need of repainting. In addition, water has begun to leak from the floor plates in the steel tank and repairs are necessary at this time. Staff has also been advised of new Texas Commission on Environment Quality (TCEQ) standards that require the facility to be modified to include larger roof hatches and upgraded vents. Staff requested the attached Professional Services Agreement from Deltatek Engineering to perform the design of necessary rehabilitation and repainting of the Hall-Johnson elevated storage tank. This agreement provides a scope and fee proposal in the amount of $73,970.00, and includes engineering design, project administration, and on-site inspections. It is necessary to begin design of the elevated storage tank rehabilitation immediately in order to facilitate all improvements occurring in the winter months, which experience low water consumption and demand. The Engineer has successfully completed design and project administration of other municipal projects in the City of Colleyville, including a portion of the new five million gallon ground storage tank and pump station at Reagan Park. City of Colleyville Page 1 Printed on 6/12/2009 Agenda Briefing Continued Financial Impact It has been determined that funding is available from 1998 Utility Bond Funds. Recommendation Approval City of Colleyville Page 2 Printed on 6/12/2009 PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § This agreement has been made and entered into as of the day of 2009, by and between the City of Colleyville, hereinafter called "City", and the firm of DELTATEK ENGINEERING, hereinafter called "Consultant." WITNESSETH: WHEREAS, the City desires to obtain Professional Services required for Repainting and Renovation of Hall Johnson 1.5 MG Composite Elevated Storage WHEREAS, the Consultant represents that it is qualified and capable of performing the Professional Services set forth herein and is willing to enter into an Agreement with the City to perform such services; and NOW, in consideration of the premises and mutual covenants contained herein, the City and the Consultant agree as follows: ARTICLE I -DEFINITIONS CITY The "City" shall mean the City of Colleyville, a Texas home-rule municipal corporation having its principal offices at 100 Main Street, Colleyville, Texas 76034. CONSULTANT The "Consultant" is DELTATEK ENGINEERING, a Texas sole proprietorship having its principal offices at 14114 Dallas Parkway. Dallas, Texas, 75254. When the term "Consultant" is used in this Agreement it shall be deemed to include any sub-consultants and any other person or entity acting under the direction or control of Consultant. Any sub-consultants retained by Consultant pursuant to this Agreement and the Project shall be subject to prior written approval of the City. The following sub-consultants were included in the Consultant's Proposal and are hereby approved for the Project: CITY'S PROJECT COORDINATOR(S) The "City's Project Coordinator" shall mean the individual(s) appointed by the City Manager who shall be the City's authorized representative(s) to coordinate, and review on behalf of the City, all matters related to the Project, except as otherwise provided herein. PROJECT The "Project" shall mean Professional Services required for City Capital Projects that have been approved by the City Council. PROJECT SCOPE The "Project Scope" shall mean the description of the Scope of Services for the Project contained in Exhibit "A" attached hereto and incorporated herein for all purposes. SERVICES "Services" shall mean the services to be performed on the Project by the Consultant pursuant to this Agreement, whether completed or partially completed, and includes other labor and materials, equipment and services provided, or to be provided, by Consultant to fulfill its obligations herein. EXHIBITS "Exhibits" shall mean the various exhibits attached to this Agreement and referred to as follows: Exhibit "A" -Scope of Services. ARTICLE II -RETAINER The City agrees to retain the Consultant, and the Consultant agrees to perform Professional Services as set forth in this Agreement, subject to all terms and conditions herein; and the City agrees to pay, and the Consultant agrees to accept the fees as specified herein as full and final compensation for the services performed. ARTICLE III -PROFESSIONAL QUALITY The Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of services furnished by the Consultant under this Agreement. It is further the intent of the parties to this Agreement that the Consultant shall perform its duties under this Agreement in a competent, timely and professional manner and that the Consultant shall be responsible to the City for any failure in the Consultant's performance except to the extent that acts or omissions by the City make such performance impossible. ARTICLE IV -PROFESSIONAL LIABILITY Approval by the City shall not constitute or be deemed a release of the responsibility and liability of the Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and services; nor shall such approval be deemed to be an assumption of such responsibility by the City for a defect, error or omission in designs, working drawings, specifications or other documents prepared by the Consultant, its employees, sub-contractors, agents and consultants. The City's review, approval, or acceptance of or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable in accordance with applicable law for all damages to the City caused by the Consultant's negligent performance of any of the services famished under this Agreement. ARTICLE V -INDEMNIFICATION OF CITY Consultant shall indemnify, save, hold harmless and defend the City, its officers, agents and employees with respect to any claims or demands, actions, damages, costs and expenses, including, without limitation, attorneys fees and costs of litigation, arising from the death or injury of any person whomsoever, or any loss, damage or destruction of any property whatsoever, resulting directly or indirectly from any intentional, negligent or grossly negligent act, error or omission of the Consultant, its agents, servants, employees or other persons acting on Consultant's behalf and arising from or related to Consultant's performance under this Agreement. ARTICLE VI -PROFESSIONAL SERVICES The "Scope of Services" under this Agreement shall mean the Project Scope as described in Exhibit «A„ Consultant agrees that, when the Services to be provided hereunder relate to a professional service which, under Texas Statutes, requires a license, certification of authorization, or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. Consultant agrees to employ and designate in writing, within five (5) calendar days after receiving its initial Notice to Proceed, a qualified licensed Professional Engineer to serve as the Consultant's project manager (herein after referred to as "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of Services to be provided and performed under this Agreement. The person selected by Consultant to serve as Project Manager shall be subject to approval and acceptance by City. Replacement (including reassignment) of said Project Manager shall not be made without the prior written approval of the City. Consultant further agrees to obtain a binding agreement with its Project Manager providing a minimum of six (6) months notice before assuming a different position, said notice waivable by the City at its discretion. Consultant agrees, within fourteen (14) calendar days of receipt of written notice to do such from City, to promptly remove and replace Project Manager, or any other personnel employed or retained by Consultant, or any subconsultant or subcontractors engaged by Consultant, which request maybe made by City with or without stating its cause. Consultant herein represents to City that it has expertise in the type of professional services that will be performed pursuant to this Agreement. Consultant agrees that all Services to be provided by Consultant pursuant to this Agreement shall be subject to City's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Texas, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies having jurisdiction over the Services to be performed by Consultant. In the event of any conflicts in these requirements, Consultant shall notify City of such conflict and utilize its best professional judgment to advise City regarding resolution of each such conflict. The City shall approve any assignments, sale, or transfer of this Agreement or any interest therein. Assignment and transfer shall be defined to include sale of the majority of the stock of a corporate Consultant. No subcontracts will be allowed under this Agreement unless approved by the City in writing. ARTICLE VII -SERVICES BY THE CITY In general, the City and its representatives will provide information and access as follows: 1. Provide available criteria and information as to the City's requirements for the Project. 2. Assist the Consultant by placing at his disposal all available and existing drawings of existing facilities required for the project. 3. Furnish information required and requested by Consultant as expeditiously as possible for the orderly progress. The City shall designate in writing a Project Coordinator to act as the City's representative with respect to services to be rendered under this Agreement (herein after referred to as "Project Coordinator"). The Project Coordinator shall have authority to transmit information, receive information, interpret and define City policies and decisions with respect to Consultant's Services on this Project. The City shall have the right at any time, and in its sole and absolute discretion, to submit for review to consulting engineers or consulting architects or other consultants, engaged by the City at its own expense for that purpose, any or all parts of the work performed by the Consultant, and the Consultant shall cooperate fully in such review at the City's request. ARTICLE VIII -COMPENSATION Compensation for services under this Agreement shall be $73.970.00 as defined in Exhibit "A". No markup shall be allowed on subcontracted services. With respect to all Services, Consultant shall submit billings on a monthly basis in a timely manner. Such billing shall include an itemized listing of all work performed. These billings shall identify the nature of the work performed, the total hours of work performed by employee category and the respective hourly billing rate associated with Exhibit "A" Scope of Services. When requested, Consultant shall provide backup for past and current invoices that records an itemized listing of services provided as well as the billable hours for all Services by employee category and reimbursable by category. Consultant shall keep such records and accounts and require any and all Consultant and approved sub-consultants to keep such records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the Project and all services provided. All books and records relative to the Project will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. All books and records which aze considered public records shall be kept by Consultant in accordance with Texas Statutes. ARTICLE IX -TIME This Work Authorized under this Agreement shall become effective on the date of final acceptance of the parties hereto and shall terminate 60 calendaz days after construction Notice to Proceed, unless extended by a supplemental Work Authorization. It is understood that time is of the essence in the completion of this Project. The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement and the orderly progress of the Work. It is further the intent of this Agreement that the Consultant shall perform its duties under this Agreement in a competent, timely and professional manner and that it shall be responsible to the City for any failure in its performance. ARTICLE X -DOCUMENTS Consultant shall establish and maintain files of documents, letters, reports, plans, etc. pertinent to the Project. Consultant shall provide City with a copy of applicable Project correspondence for City to file in its filing system. In addition, Consultant shall provide electronic Project document files to the City, at the completion of the Project. The City acknowledges the Consultant's documents as instruments of professional service. Nevertheless, the documents prepazed under this Agreement shall become the property of the City upon completion of the services and payment in full of all monies due to the Consultant. Any unauthorized use or modification of the Consultant's documents by the City shall be without risk or liability to the Consultant. Electronic files of all documents, including, but not limited to, tracings, drawings, estimates, specifications, investigations and studies completed or partially completed, shall become the property of the City upon completion, termination, or abandonment of the Project. Consultant shall deliver the above documents to the City within thirty (30) days of completion of the Project, or termination of this Agreement, or termination or abandonment of the Project. ARTICLE XI -INSURANCE Consultant further agrees to obtain and keep in force, at its sole cost and expense, throughout the term of this Agreement, and in a form and with a company satisfactory to the City, policies of insurance as in the Insurance Requirements: Consultant further agrees to name the City as an additional insured on the Comprehensive General Liability and Comprehensive Automobile Liability policies provided, however, that such insurance shall contain provisions to the effect that the naming of the City as an additional insured shall not affect any recovery to which the City would be entitled under the policy if it were not so named, and that the insurance is primary and shall be without contribution from any similar insurance available to the City. ARTICLE XII- PRIOR AGREEMENTS SUPERSEDED This Agreement represents the sole and only Agreement between the City and the Consultant covering Professional Services on the Project and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. ARTICLE XIII -NOTICES All notices and communications under this Agreement to be mailed or delivered to the City shall be sent to the address of the City as follows, unless and until the Consultant is otherwise notified: Mr. Ken Tywater Utility Superintendent City of Colleyville 1601 Hall Johnson Road Colleyville, Texas 76034 All notices and communications under this Agreement to be mailed or delivered to the Consultant shall be sent to the address of the Consultant as follows, unless and until the City is otherwise notified: Deltatek Engineering Bahram Niknam, P.E. 14114 Dallas Parkway, Suite 480 Dallas, Texas, 75254 All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE XIV- AUTHORIZATION TO PROCEED No professional services of any nature shall be underkaken by the Consultant under this Agreement until he has received written authorization from the City. The Consultant understands and agrees that any and all services performed pursuant to this Agreement are subject to review and approval by the City's staff. All drawings, reports, estimates, calculations, or other pertinent information related to the Projects shall be made available to the City of Colleyville's staff. ARTICLE XV- EFFECTIVE DATE This Agreement shall be effective upon execution by the City and the Consultant, and shall remain in force until terminated under the provisions herein specified in Article IX -Time. ARTICLE XVI- INDEPENDENT CONTRACTOR The services performed hereunder by the Consultant shall be subject to the City's inspection and approval, but the detailed method and manner of doing same shall be under the exclusive control of the Consultant. In the performance of services hereunder, the Consultant shall be deemed an independent contractor and any of his employees performing work or services required hereunder shall be deemed to be employees of the Consultant or its subcontractors, and not employees of the City. In no event shall this Agreement be deemed or interpreted ascreating aprincipal-agent or joint venture between the parties hereto. ARTICLE XVII- TERMINATION Either party to this Agreement may terminate the Agreement by giving to the other party thirty- (30) days notice in writing. Upon delivery of such notice by the City, the Consultant shall discontinue all services in connection with the performance of this Agreement insofar as such orders or contracts aze chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Consultant shall submit a statement showing in detail, the services performed under this Agreement to the date of temunation. The City shall then pay the Consultant within forty-five (45) days, the total amount for services performed to the date of termination less such payments previously made. The City shall have no further liability to Consultant for any further compensation as a result of this Agreement and the Engineer's work. Upon said termination of the services, all materials prepared under this Agreement shall then be delivered to the City and shall become the property of the City which it may use without restraint, provided however, that the Consultant shall have no liability for any consequences of the use of the materials for any purposes or applications other than as specifically intended by this Agreement. ARTICLE XVIII- TERMS OF AGREEMENT This Agreement shall be effective from the date of execution hereof and shall continue in full force and effect until the final acceptance of the project. All payments and liabilities accrued and unpaid prior to termination shall survive the termination. ARTICLE XIX- ASSIGNMENT This agreement shall not be assignable in whole or in part without the written consent of the City. ARTICLE XX- LEGAL CONSTRUCTION Unless the context requires otherwise, words of the masculine gender shall be construed to include correlative words of feminine and neuter genders and vice-versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. Reference to any party to this agreement means that party and the successors and assigns of that party, provided the assignment is valid as provided by this agreement. The parties agree that this agreement or any provision of this agreement shall not be construed in favor of or against any party on the basis that the party did or did not author this ageement or provision. This agreement and all the terms and provisions shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of this agreement. Nothing in this ageement shall be construed to permit a violation of any federal or state statutory provision or any provision of the federal or state constitutions, and all acts done pursuant to this agreement shall be performed in such manner as to conform thereto, whether expressly provided or not. Where any procedure hereunder may be held by a court of competent jurisdiction to be violative of any federal or state statutory or constitutional provision, the parties to this agreement shall have the power by resolution to adopt and promulgate reasonable and necessary alternative procedures which will conform thereto and the parties agree that they would have entered into this agreement notwithstanding the invalidity of any provision or provisions hereof. ARTICLE XXI -MISCELLANEOUS PROVISIONS Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, City shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Should the City give written authorization for the Consultant to use sub-consultants, the Consultant represents that it has made and will make reasonable investigation of all sub-consultants to be utilized in the performance of services under this Agreement to determine that they possess the skill, knowledge and experience necessary to enable them to perform the services required. Nothing in this Agreement shall relieve the Consultant of its prime and sole responsibility for the performance of the services under this Agreement. The Consultant, its consultants, agents and employees and subcontractors, shall comply with all applicable Federal, State and County laws, the Charter, related laws and ordinances of the City of Colleyville, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies as they relate to this Project. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by Consultant, under any circumstances, without the prior written consent of City. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ARTICLE XXII- SEVERABILITY Should any word, phrase, sentence, paragraph, provision or portion of this Agreement be construed to be unlawful or unenforceable by a court of competent jurisdiction, such circumstance shall not affect the validity of the remaining portions of this Agreement which shall remain in full force and effect. ARTICLE XXIII -GOVERNING LAW AND VENUE This Agreement shall be governed by, and its provisions construed in accordance with, the laws of the State of Texas. Venue for any action arising from or related to this Agreement shall be Tarrant County, Texas. ARTICLE XXIV -AMENDMENT AND WAIVER No amendment or waiver of any provision of this Agreement and no consent to any departure herefrom, shall be effective or binding unless and until set forth in a writing signed by each party, and then any such waiver or consent shall be effective only in a specific instance and for the specific purpose for which it was given. No notice or any other communication given by one party to the other party shall be construed to be or construe an approval or ratification by the other party of any matter contained or referred to in such notice, unless the same to be consented to by the other party in writing. EXECUTED as of this day of 2009 by and duly authorized officers of DELTATEK ENGINEERING and the City of Colleyville, Texas. City of Colleyville, Texas By: Deltatek Engineering By: Bahram Niknam, P.E., Principal ATTEST: ATTEST: John Fields, Construction Manager EXHIBIT "A" GENERAL SCOPE OF SERVICES REPAINTING AND RENOVATION HALL JOHNSON 1.5 MG SINGLE PEDESTAL COMPOSITE EST City of Coffeyville, Texas May 20, 2009 PROJECT SUMMARY The 1.5 MG is single pedestal composite elevated storage tank. This facility was constructed approximately in 1980s by Landmark Structures. Part 1.0 -Renovation Documents 1.01 Deltatek Engineering shall prepare renovation contract documents in accordance with the onsite observation and evaluation of the referenced storage facility. The scope of work for Part 1.0, Design Phase, includes plans and specifications to perform improvements required to upgrade this facility to the latest requirements of TCEQ, OSHA, and ANSI. In addition, the interior/exterior of this facility will be repainted in accordance with the recommendation of AWWA for Potable Water Storage Facilities. 1.02 Modifications for Structural Deficiencies A. Prepare plans and specifications to include the repair or replacement of the existing corroded structural members as required in tank interior such as rafters, roof plates, and stiffeners. B. All undercut weld seams and rough welds shall be repaired and ground smooth to provide a paintable surface. The insufficient welds and structurally inadequate welds shall be upgraded to withstand the required loading and enhance the structural integrity of each member. This section shall include all lap welds, butt welds, brackets, gusset plates, base plates, and connections. C. Perform necessary visual structural review to determine the structural integrity of interior roof rafters, stiffeners, and roof plates. These members shall be replaced, if required, to withstand current loading conditions. 1.03 Modifications for ANSI/OSHA and other Safety Issues A. The ladders shall be equipped with anti-fall devices. The ladder in tank pedestal shall be vandal resistant and equipped with ladder gate anti-climb device. B. Replace the existing roof hatches with a 36-inch hatch, 4-inch freeboard, padlock hasp, and 2-inch lid turndown to meet TCEQ requirements. Install additional 36- inch roof hatch and upgrade the existing roof gravity vent with a 24-inch diameter vent equipped with # 16 mesh stainless steel insect screen. The new vent shall also be equipped with arain-hat and shall be non-clog vandal resistant for Homeland Security. 1.04 Modifications for AWWA/TCEQ, Sanitary, and Operational Deficiencies A. The roof gravity vent shall be enlarged and shall be non-clog vandal resistant. B. The roof vents shall be equipped with stainless steel 16 mesh insect screen and shall be shielded from wind-propelled dust and particulate matter. Page 2 C. The existing overflow flap valve will be adjusted to comply with AWWA for two pipe diameter distance between overflow flow line and splash pad. 1.05 Modifications for other Deficiencies A. All loose and spalling concrete shall be removed and replaced. B. Determine if the existing aircraft obstruction lights are required by FAA and upgrade the existing system. 1.06 Chlorine Analyzer Optional) A. Provide plans and specifications for installation of chlorine analyzer to display total chlorine via SCADA system with graphic display at Central Control. This shall include multi-level sampling of three (3) points inside tank bowl. 1.07 Protective Coating System Deltatek Engineering shall provide abatement documents for removal of lead-based (if applicable) coatings in accordance with regulatory agencies. These documents shall include interior/exterior surface preparation (not including concrete pedestal) and repainting of all steel surfaces. In accordance with TCEQ requirements, a full containment shroud will be required to prevent abrasive blast media in surrounding areas. A dust collector will be required to collect all dust from tank interior/exterior into a filter system. The filter will be handled as hazardous waste material and will be disposed of properly with a manifest of disposal site. The tank interior will be prepared in accordance with SSPC SP10 Near White Blast and will receive hydro-zinc primer and top-coated with anNSF-approved epoxy. All spaces between rafters and roof plates will be seam sealed to prevent rust bleed-through after coating application. Tank exterior will be prepared in accordance SSPC SP6 Commercial Blast Cleaning and coated with epoxy/urethane system. l .08 Estimate of Probable Cost of Renovation After completing final plans and specifications, Deltatek will provide an opinion of probable cost for the project in accordance with final documents. 1.09 Advertising Documents At the conclusion of the design, Deltatek will provide the City three (3) bound sets of advertising documents (drawings and specifications). Deltatek Engineering will also distribute Renovation Documents as requested by prospective bidders and maintain an up-to-date plan holders list. A notice to bidders will be issued to advertising agencies such as Dodge Report and Construction Market Data (CMD). Part 2.0 - Project Construction Administration 2.01 Deltatek Engineering shall assist the City of Colleyville in project advertisement during bidding. Deltatek will provide response to questions during the bidding phase. Deltatek shall attend any pre-bid conference and prepare addendum (s), if required, during advertisement. Page 3 A. Deltatek will review bids for conformance to the bid documents and provide recommendations for award. B. Deltatek will review and comment on shop drawings, equipment diagrams, material samples, test results, and other data the contractor submits as required by the contract documents. Deltatek will furnish the City record copies of shop drawings for their files. C. Deltatek will review the monthly progress payment requests, submit payment recommendations, and assist in the preparation of change orders to the contract documents. D. Deltatek will conduct final warranty inspection jointly with representatives of the Ciry and submit a written report recommending final settlement of the contract. Part 3.0 - Ouality Assurance 3.01 Ouality Assurance Observation Deltatek Engineering shall provide an on-site Fieid Technician to perform observation of the work in progress to assist in determining that the project is proceeding in accordance with the contract documents and that the completed work will conform to the contract requirements. On-site representatives during renovation will review the work for the following items: A. Steel Repairs and Replacement -Deltatek Engineering shall provide an on-site field representative to review steel structural member replacement, corrosion repairs, and installation of roof hatches, vents, anti-fall device, and miscellaneous improvements. B. Protective Coating Systems -Deltatek Engineering shall provide on-site inspection to perform quality control observation for surface preparation and paint application of the tank interior/exterior and perform all required testing in order to comply with manufacture's data sheet as well as specifications. As a part of surface preparation, Deltatek shall monitor air during abrasive blasting operation to ensure airborne lead-based materials (if applicable) will not emit to the surrounding areas and emission shall meet the requirements of the regulatory agencies (EPA, Texas Health Department, and TCEQ). The quality control observation shall include metal substrate profile measurements, wet/dry film thickness measurements, measuring surface temperature/dew point prior to application, and holiday detection tests on tank interior coating system. Page 4 Part 4.0 -Schedule 4.01 Project Schedule 'Task Descri' tion Schedule Prelimin Plans and S ecifications 6 weeks Final Plans and S ecifications 2 weeks Review 2 weeks Advertisement 4 weeks Award 4 weeks Work Order Issued 2 weeks Work Com lete 18 weeks Total 38 Weeks Part 5.0 -Cost Proposal 5.01 Cost Proposal Engineering Design: $43,500.00 Project Admin: $2,150.00 Quality Assurance: $28,320.00 Renovation: $500,400.00 Total proiect bud¢et: $574,370.00 Date: 7 ~ ~/~' ~ 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 - ~~-~7z~ Name: ~=~~JL~I /A v ~~ Address: ~ ~ 7 ~ 1~~~~ ~~ Ct~.~ i~,~rc~ S City: S r~ State: ~~ Zip Code: ~ ~' c 'Z Telephone Number:./776/-~~~ Representing: ~~ c~~~c ~ l~wr~s organization/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 Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. n ~1 Signed: '~.1~'ti~ r.~ :'~z~-v~~i~ / T i~~ s information is a Public Record. ~~~ ' ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 ~...,~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1720 File Number: 0-09-1720 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 06/16/2009 Controlling Body: City Council Requester: Community Agenda No.: 5a Final Action: Development Department File Name: Approval of a Special Use Permit for a carport on Lot 15, Block 2, Jewel Estates Addition located at 1104 Emerald Court, Case ZC09-006 Attachments: Location and Zoning Map Notification List Development Analysis Exhibit Provided by Applicant Photos Provided by Applicant Ordinance 0-09-1720 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/26/2009 Planning and Zoning Commission 1 06/16/2009 City Council Title Approval of a Special Use Permit for a carport on Lot 15, Block 2, Jewel Estates Addition located at 1104 Emerald Court, Case ZC09-006 Explanation First Reading and Public Hearing Roy Thomas has submitted a request for a Special Use Permit (SUP) for a detached carport on 1.03 acres located at 1104 Emerald Court. The carport was constructed in 1993, prior to the inclusion of an SUP requirement for carports in the Land Development Code. In 1999, City Council approved Ordinance 0-99-1165 which added this requirement. The primary residence was destroyed by a house fire in 2008. The destruction of the residence requires that the property be brought up to code when any new construction takes place on the premises. Section 3.7.E.6 of the Land Development Code states, "Where non-conforming use status applies to a building and premises in combination, removal or destruction of the building shall eliminate the non-conforming status and any new construction shall be in accordance with the zoning regulations applicable to the district. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the replacement cost at time of destruction. " City of Colleyville Page 1 Printed on 6/10/2009 Agenda Briefing Continued (0-09-1720) Waiver Request. Section 3.27 of the Land Development Code sets development standards for carports. The existing carport does not comply with the following standards: • A carport shall not exceed 480 square feet in area. The existing carport is 651 square feet in area. • A carport shall not have a dimension that exceeds 24 feet in length. The existing carport has a dimension that is 31 feet long. • The height of an accessory structure cannot encroach upon the vertical height envelope. For an accessory structure located 10 feet from the property line (as is the case), the maximum allowed height would be 13 feet. The existing carport is 14 feet and 9 inches. • The setback for a detached carport located completely within the rear yard (as is the case - 22 feet, 2 inches from the primary residence), may be up to 5 feet from the property line. However, the carport is situated 10 feet from the property line and, given the height restriction stated above, the minimum setback for the existing carport would be approximately 12 feet. • A carport shall not have a flat roof (minimum 2:12 pitch). The existing carport only has a 5 inch pitch. Existing Conditions. The property is zoned R40-Single Family Residential and currently developed for single family residential use. The property contains an existing two-story home - in the process of being built -and the subject carport. Adjacent Zoning and Development. All properties surrounding this lot are zoned R40-Single Family Residential and are developed as single family residences. Development Analysis. The Land Development Code requires that carports be considered on a case-by-case basis, and must be approved by a Special Use Permit. A development analysis of the regulations and the proposed carport is attached. The proposed carport does not comply with four of the nine development regulations within the Land Development Code. Non-compliant regulations include maximum size, longest dimension, side setback, and roof pitch. Public Notification. Staff mailed notices to 11 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no letters in regard to this request at this time. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the SUP request at the May 26, 2009 meeting by a vote of 6-0. Summary. The carport does not comply with many of the requirements stated within the Land Development Code. However, given that the carport was constructed prior to the enactment of the current carport regulations, staff agrees the destruction of the primary residence has created a hardship for the property owner. City of Colleyville Page 2 Printed on 6/10/2009 Agenda Briefing Continued (0-09-1720) Financial Impact It has been determined that there is no financial impact. Recommendation Approval with the conditions stated in the draft ordinance. City of Colleyville Page 3 Printed on 6/12/2009 Location and Zoning Map 6502 6503 '` -~ 6500 A~ x,501 R4t~ 1100 110? 1104 ~ut~ject Property 1106 650 1101 R40 __~y_r~ 1105 ~ 6A00 1103 "'°, . .~ ~~ F30'i Notification List OWNER_NAME OWNER_ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Heidinger, Richard C II Etux 6503 Diamond Ct Colleyville TX 76034 006503 Diamond Ct Serra, Phillip M Etux Rachel T 6500 Caldwell Hughes Rd Colleyville TX 76034 006500 Caldwell Hughes Rd Morris, John Etux Lynda 6500 Diamond Ct Colleyville TX 76034 006500 Diamond Ct Peterson, D M Jr Etux Carol 6501 Diamond Ct Colleyville TX 76034 006501 Diamond Ct Metcalf, George Etux Paula 1102 Emerald Ct Colleyville TX 76034 001102 Emerald Ct Kafer, Mark T Etux Mary F 1100 Emerald Ct Colleyville TX 76034 001100 Emerald Ct Thomas, Roy, applicant 1104 Emerald Ct Colleyville TX 76034 001104 Emerald Ct Merrill, H L Jr Etux Janis 1106 Emerald Ct Colleyville TX 76034 001106 Emerald Ct Harden, Tommy E 6450 Caldwell Hughes Rd Colleyville TX 76034 006450 Caldwell Hughes Rd Law, Charles P 1101 Emerald Ct Colleyville TX 76034 001101 Emerald Ct Mulcah , Michael T Etux Anne E 1103 Emerald Ct Colleyville TX 76034 001103 Emerald Ct Blythe, Stanley L & Diane A 1105 Emerald Ct Colleyville TX 76034 001105 Emerald Ct Public hearing notices were mailed by Amy Shelley on 5/8/09. Development Analysis The Land Development Code requires that carports be considered on a case-by- case basis, and must be approved by a Special Use Permit. A comparison of the regulations and the proposed carport is shown below. CARPORT ZONING COMPARISON Category Zoning Applicant Requirement Proposal 1. Maximum Size 480 square feet 651 square feet 2. Longest Dimension 24 feet 31 feet Allowed 3. Maximum Height 15 ft. to highest 14.75 feet point of roof 4. Side Setback` 15 feet 10 feet 5. Rear Setback 5 feet >50 feet 6. Maximum Number per Lot 1 1 7. Paved Parking Surface Concrete, asphalt In Compliance or pavestone 8. Roof Pitch 2:12 minimum Not In Compliance brick, stone or 9. Construction of Posts decorative metal " In Compliance and between 12 48" in width *Side setback may be 5 feet due to accessory structure location completely within the rear yard. However, height restrictions influence setback. Exhibit Provided by Applicant IZ7006 14 ~-no/~: ,/Y1.11. ``~i 1104 EM~R~wD COURT `~ .,,",... ~or~caQ~ 1.~_~a 7Nat ~ irdl ^.lur... uutw a ~ ay w ~1v~. TnnNl trr. waMla7 b tM MN ara~r~i 5 1~41M 700-170. TK. f0. !Lt MrNr, 'hrnd Cwa~1, Sou. UIWTY LEOFIID 7t'~ f7I}sYIYF 1M rMYMM ~N hM~ld Ir/ frwti~ MIQn NrM ~ /1M N ww M/ Ilr M~MII ~M~~ MI NIMI ~ W 11[10 fJYL RCN hw~w, w ~ Inr w/arM~w N frr IrN N Mr ~ r rf,~ v+n1 Ndl rYw ~w rMrN~ M ld IOe 6EC. i1h ^r rwlr. w rig ~Y wrwMYr1 NI r~r~.N~ Nww 1w.w FYI r1 i~ WMe. rr. r/ 11M N wN~W w OiG IWIL N11~ NLVC rnNl~ /rrt Mw Nrr~ M frr w r Nrr Irrn. d ~ M _ --_ A 1ns111 r. nrI11. ~.ra.: 1 ~ oowor wlD 7UIIY[YOOf, we. ! `~ i7f0 YMOMTiAN OLYO. 71!11[ 710 7 tY ^f~R~ IOR1 710RiX. 1E7117 7/110 ~ J~JK-_~ (017) X20-fM~ .21X 31 bu~ld,~~ C~-.pr~-+ Photos Provided By Applicant .r l}y~ ~. ° y ~--- 4~ '~.em +~ t ~~ # ~ .,,,~. ORDINANCE 0-09-1720 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT ON LOT 15, BLOCK 2, JEWEL ESTATES ADDITION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit under Case No. ZC09-006; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in 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 0-09-1720 Page 2 of 3 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 authorizing a Special Use Permit for a carport on Lot 15, Block 2 of the Jewel Estates Addition, as depicted on the Zoning and Location Map, attached as Exhibit "A", and the Site Plan, attached as Exhibit "B" and as shown on the Building Elevation Drawing attached as Exhibit "C". Sec. 3. THAT the above described tract of land shown on Exhibit "A" shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: a. The carport shall have dimensions of 21 feet by 31 feet. b. The carport shall not exceed 651 square feet. c. The carport shall not exceed 14 feet, 9 inches in height. d. The carport shall be 10 feet from the side property line. e. The carport shall be located within the rear yard of the subject lot. f. The carport shall have a flat roof with a 5 inch slope from the front to the back. g. The carport shall be generally constructed of masonry columns and a tin roof. h. In the event that the carport is destroyed or damaged to an extent of more than 50% of its replacement cost at the time of destruction, this Special Use Permit shall become null and void. The carport shall meet all regulations of the Land Development Code, except where amended herein. Ordinance 0-09-1720 Page3of3 Sec. 5. 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. 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 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. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. 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 Zoning and Location Map -Exhibit "A" s5o2 6503 6500 6501 AG R40 1100 1102 1104 Subject Property 1106 6450 1101 R40 1105 6400 AG 1103 6301 Site Plan -Exhibit "B" 14 -,~o/n ~rrs~ nr -. ~~. 1104 E~ER~AwD COURT ~`~ Building Elevation Drawing -Exhibit "C" ~~' ~:` ;{~ ;; $~ ! r,r ~ ~~ . „~, r ~~~ ` -,x~~{. m f ~; ,` yn,~r ~1 `' ~ City of Colleyville 100 Mlain Street ~j Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1721 File Number: 0-09-1721 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 06/16/2009 Controlling Body: City Council Requester: Police Department Agenda No.: 5b Final Action: File Name: Adopting the annual budget for Fiscal Year 2010 (FY 2010) of the Colleyville Crime Control and Prevention District (CCCPD) Attachments: FY 2010 CCCPD Budget.pdf Ordinance 0-09-1721.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/16/2009 City Council Title Adopting the annual budget for Fiscal Year 2010 (FY 2010) of the Colleyville Crime Control and Prevention District (CCCPD) Explanation First Reading and Public Hearing In accordance with the Local Government Code, the Colleyville Crime Control and Prevention District (CCCPD) Board, which is comprised of the City Council, shall propose an annual budget. The budget must contain a complete financial statement, including a statement of outstanding obligations; the amount of cash on hand; the amount of money received by the district during the previous year; the estimated amount of money available to the district; the amount of money needed to fund approved programs; the amount of money requested for programs that were not approved; the tax rate for the next fiscal year; the amount of the balances expected at the end of the year in which the budget is being prepared; and the estimated amount of revenues and balances available to cover the proposed budget. This budget was presented to the CCCPD Board of Directors at their meeting June 16, 2009. Financial Impact The CCCPD's projected revenue for FY 2010 is $1,326,725 including a draw down of available cash of $294,225 and expenditures of $1,127,460. Proposed expenditures are: Administrative board and audit expenses $ 1,850 Police Software Annual Maintenance Contract $ 45,000 Four (4) police officers $ 311,343 Teen Court program $ 38,765 Four (4) replacement police vehicles and equipment $ 134,750 Replacing one-third of existing hand-held radios $ 30,000 City of Colleyville Page 1 Printed on 6/12/2009 Agenda Briefing Continued (0-09-1721) Protective awnings for police fleet vehicles $ 49,000 Replacement chairs for police dispatch center $ 3,590 Mobile digital computer replacement fund $ 15,000 Debt service $ 498,162 Recommendation Approval City of Colleyville Page 2 Printed on 6/12/2009 COLLEYVILLE CRIME CONTROL DISTRICT FY 2010 BUDGET FISCAL YEAR BEGINNING FUND BALANCE REVENUES: 1/2 CENT SALES TAX REVENUE INTEREST INCOME USE OF AVAILABLE CASH TOTAL REVENUES EXPENDITURES: ADMINISTRATIVE BOARD/AUDIT EXPENSES: SOFTWARE AND PRINTER FOR POLICE ID CARDS POLICE SOFTWARE ANNUAL MAINTENANCE CONTRACT PERSONNEL: POLICE OFFICERS: 4 OFFICERS TEEN COURT CAPITAL - VEHICLES: REPLACEMENTS -FOUR PATROL VEHICLES AND EQUIPMENT REPLACEMENT-ONE INVESTIGATIONS/ADM. VEHICLE EQUIPMENT: REPLACEMENT- HAND HELD RADIOS (1/3) PROTECTIVE PARKING LOT AWNINGS 2 PORTABLE RADAR TRAFFIC SAFETY SIGNS 3 PORTABLE ACCIDENT-SCENE SPEED BUMPS 4 AUTOMATED EXTERNAL DEFIBRILLATORS (AEDs) 10 TRAFFIC BARRIERS FOR COMMUNITY SERVICES EVENTS 40 TRAFFIC CONES FOR COMMUNITY SERVICES EVENTS 12 PATROL RIFLE SIGHTING SYSTEMS REPLACEMENT (2) COMPUTER SERVER TREES AND LANDSCAPING -JUSTICE CENTER REPLACEMENT CHAIRS FOR POLICE DISPATCH CENTER DEBT SERVICE: 1999 CERTIFICATES OF OBLIGATION / 2006 REFUNDING DEBT TRANSFERS: CAPITAL EQUIPMENT REPLACEMENT FUND - IN-CAR MOBILE DIGITAL COMPUTER SYSTEM TOTAL EXPENDITURES EXCESS REVENUES OVER EXPENDITURES ENDING FUND BALANCE PROJECTED PROPOSED 2009 2010 $918,352 $822,911 $1,025,000 $1,025,000 $8,000 $7,500 $296,529 $294,225 $1,329,529 $1,326,725 $1,850 $1,850 $4,980 $0 $45,000 $45,000 $291,955 $311,343 $38,765 $38,765 $136,900 $17,470 $134,750 $0 $30,000 $0 $9,500 $1,350 $10,500 $2,350 $1,900 $4,200 $14,000 $0 $0 $502,721 $30,000 $49,000 $0 $0 $0 $0 $0 $0 $0 $0 $3,590 $498,162 $15,000 $15,000 $1,128,441 $1,127,460 $201,088 $199,265 ` $822,911 $727,951 ' MUST HAVE A 1.4 TIMES COVERAGE RATIO ($199,265) FOR DEBT SERVICE PAYMENT ORDINANCE 0-09-1721 AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR FISCAL YEAR 2010 FOR THE COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010, A COPY OF SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO BECOME EFFECTIVE UPON PASSAGE BY THE CITY COUNCIL WHEREAS, the laws of the State of Texas require the Board of Directors of the Colleyville Crime Control and Prevention District to adopt a budget of projected revenues and proposed expenditures, cash on hand at the start of the year, the amount of money received during the prior year, the tax rate and the projected ending fund balance; and WHEREAS, on June 16, 2009, the Board of Directors of the Colleyville Crime Control and Prevention District approved the following budget; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meetings Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT the budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010 for the Colleyville Crime Control and Prevention District, a copy of which is on file in the office of the City Secretary, is hereby made a part of this ordinance by reference and is hereby approved and adopted by the City Council of the City of Colleyville, Texas, as the official budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010 and that the City Manager is authorized to execute all contracts and agreements approved as a part of the budget. Sec. 3. THAT the budget of the fiscal year beginning October 1, 2009, and ending September 30, 2010, for the Colleyville Crime Control and Prevention District with a sales and use tax rate of .5%, is hereby fixed as follows: Projected Revenue Received in Fiscal Year 2009 $1,329,529 Ordinance 0-09-1721 Page 2 of 2 Projected Cash on Hand as of October 1, 2009 $ 822,911 Revenues Expenditures Ending Fund Balance at September 30, 2010 AND IT IS SO ORDERED. $1,326,725 $1,127,460 $ 727,951 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 ,:iq~~„ .cM. ~ City Hall " ~ City of Colleyville 100 Main Street l~ Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3107 File Number: R-09-3107 File Type: Resolution Status: Resolution Version: 1 Agenda Date: 06/16/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 6a Final Action: Secretary File Name: Consideration of appointment to the Historical Preservation Committee Attachments: Historical Preservation Committee roster.pdf Historical Preservation Committee Application.pdf Resolution R-09-3107.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/16/2009 City Council Title Consideration of appointment to the Historical Preservation Committee Explanation Reading and Public Hearing The Historical Preservation Committee has a vacancy, whose term expires September 2009. In accordance with the City Council Rules of Procedure, Section VII. Procedures for City Council Appointments, Section 7.2: In the event of a vacancy other than an expiring term, the City Council may fill the position by a majority vote of the City Council without advertising. The appointee shall serve the unexpired term. The City Council is considering the appointment of Ms. Gigi Walker. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 6/10/2009 Historical Preservation Committee VACANT TERM: -September 2009 Joe Deupree 5101 Montclair Drive Colleyville, TX 76034 H: 817.283.7002 F: 817.545.4359 j. deupree@.tx. rr. co m TERM: September 2007 - 2009 Meets Second Tuesday of Each Month Ja Ann Alderman 221 Chapelwood Drive Colleyville, TX 76034 W: 972.420.3655 H: 817.605.0538 alde711(cc~aol.com TERM: September 2008 - 2010 Jim Gotcher 4105 Springhollow Colleyville, Texas 76034 W: 817.845.7340 H: 817.283.7334 ji m. potch a r(cDtx. rr. co m TERM: September 2007 - 2009 Mona Coulter 6105 Pleasant Run Road Colleyville, TX 76034 H: 817.481.1709 mccipc(caverizon.net TERM: September 2008 - 2010 Ed Havran 303 Oak Crest Hill Colleyville, TX 76034 H: 817.498.1420 edhavran(c~sbcglobal.net TERM: September 2007 - 2009 Charles Hewitt 224 W. Mill Valley Drive Colleyville, TX 76034 W: 817.891.1305 H: 817.503.9819 ch arl esdh ewitt(cDyah oo. co m TERM: September 2008 - 2010 Louis C. Miller 7800 B Tillman Hill Colleyville, TX 76034 W: 817.485.2111 H: 817.577.8546 F: 817.656.5704 millerlouis(a~sbcglobal.net TERM: September 2008 - 2010 Nancy Shepherd 500 Wagonwheel Court Colleyville, TX 76034 M: 817.917.2416 TERM: September 2008 - 2010 Nelda Thompson 5017 Montclair Drive Colleyville, TX 76034 H: 817.267.0260 neldathompson(cDsbcglobal.net TERM: September 2007 - 2009 12evised Ole-1I3-20119 APPLICATION FOR APPOINTMENT FOR CITY COUNCIL APPOINTED BOARDS, COMMISSIONS AND COMMITTEES Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms two (2) business days after the application deadline. These forms are available on the City's website at http~//www.colleyville.com/files/Financial%20Disclosure%20form.pdf or by contacting the City Secretary at 817.503.1130. Board, Commission or Committee: (only those with current openings) 1. Historical Preservation Committee If you are willing to be considered for a board commission or committee other than your first choice, please list below. 2 3 Name: M .Mrs. Mr. Gisela G. Walker (Gigi) Address: 3900 Pembrooke Pkwy Colleyville TX 76034 Home Telephone: 682-503-4349 903-821-3418 (M) Work Telephone 214-761-2449 By providing an a-mail address, you are consenting to the release of your a-mail address by the City. E-mail Address: gigi gerig(a~neimanmarcus.com Fax: Knowledge, experience or education applicable to Board, Commission or Committee function: Emolovment: The Neiman Marcus Group; Senior Analyst, Capital Planning & Investment Analysis Education: Southern Methodist University (MBA); Texas A&M University BS) Other information: (City service and experience, civic organizations, interest in serving): I believe there is areat value in preserving and displaying our local history. By doing so, we achieve a greater appreciation and understanding of our community... which in turn leads to a better, more fulfilling future for all Colleyville residents. I would be honored to serve Colleyville on the Historical Preservation Committee and would work enthusiastically and diligently to ensure our local history is preserved and displayed in the manner it so deserves. Check if additional materials are attached. Do you understand that attendance and active support is required for each appointee? YES Signature: ~~~~~ G~~~~ Date: June 9, 2009 Once positions have been filled, you must reapply for future openings. All information provided is public pursuant to the Texas Public Information Act. Please return completed application to: City Secretary, 100 Main Street, Colleyville, Texas 76034, Office: 817.503.1130 Fax: 817.503.1139 singletonc@ci. Colleyville. tx. us RESOLUTION R-09-3107 A RESOLUTION APPOINTING A MEMBER TO AN UNEXPIRED TERM ON THE HISTORICAL PRESERVATION COMMITTEE WHEREAS, one(1) position on the Historical Preservation Committee, with a term expiring September 2009, is vacant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby appoints to the Historical Preservation Committee with a term expiring September 2009. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~ ` ~., City Hall ~,~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~ ~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3108 File Number: R-09-3108 File Type: Resolution Status: Resolution Version: 1 Requester: Office of the City Secretary Agenda Date: 06/16/2009 Agenda No.: 6b Controlling Body: City Council Final Action: File Name: Consideration of appointment to the Tax Increment Financing District Board of Directors to fill an unexpired term Attachments: Tax Increment Financing District Board roster.pdf Resolution R-09-3108.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/16/2009 City Council Title Consideration of appointment to the Tax Increment Financing District Board of Directors to fill an unexpired term Explanation Reading and Public Hearing Mr. Tony Licata, who resigned from the City Council May 7, 2009, served on the Tax Increment Financing District Board of Directors, with a term expiring December 2010. The Bylaws of the Tax Increment Financing District, Article II, Section 1. Powers, Number and Term of Office states, The Board of Directors shall consist of nine (9) directors: five (5) of whom shall be appointed by the City Council of the City... This item provides for the City Council to consider an appointment to fill the unexpired term through December 2010. Financial Impact It has been determined that there is no financial impact. Recommendation Approval Cify of Colleyville Page 1 Printed on 6/12/2009 Tax Increment Finance District Board CHAIRMAN David Kelly 905 Inwood Lane Colleyville, TX 76034 W: 817.410.3715 H: 817.656.1862 F: 817.410.3716 kel lyd(a)ci.colleyvi Ile.tx. us TERM: January 2009 -December 2010 DIRECTOR Jon Ayers 4808 Meandering Way Colleyville, TX 76034 W: 817.267.9009 H: 817.267.1630 F: 817.318.0663 M: 972.571.6647 ayersiC~ci.collevville.tx.us TERM: January 2009 -December 2010 DIRECTOR Tom Hart 1717 Avondale Colleyville, TX 76034 W: 817.975.3671 H: 817.540.1171 F: 817.835.0392 hartt(c(ci)ci.col lewil le.tx. us TERM: January 2009 -December 2010 VACANT TERM: -December 2010 Tarrant County College Rudy Gonzales 828 Harwood Road Hurst, TX 76054 W: 817.515.6670 TERM: January 2009 -December 2010 Tarrant County Hospital District Drenda Witt 1500 South Main Street Fort Worth, TX 76104 H: 817.927.1106 TERM: January 2009 -December 2010 Revised 06/08/2009 DIRECTOR Mike Taylor 5209 Coventry Place Colleyville, TX 76034 W: 817.377.9966 H: 817.267.5407 F: 817.377.4405 M: 817.366.5557 taylorm ci.colleyville.tx.us TERM: January 2009 -December 2010 Grapevine-Colleyville ISD John Eubanks 7009 Lismore Court Colleyville, TX 76034 H: 817.481.3009 johnteubanksCa~tx.rr.com TERM: January 2009 -December 2010 Tarrant County Carolyn Sims 645 Grapevine Highway, Suite 6 Hurst, Texas 76054 W: 817.581.3600 cssimsCc~tarrantcountv.com TERM: January 2009 -December 2010 RESOLUTION R-09-3108 A RESOLUTION APPOINTING A MEMBER TO THE TAX INCREMENT FINANCING DISTRICT (TIF) BOARD OF DIRECTORS TO FILL AN UNEXPIRED TERM WHEREAS, one (1) position on the Tax Increment Financing District (TIF) Board of Directors is vacant with an unexpired term of December 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1 THAT the City Council hereby appoints _ to the Tax Increment Financing District unexpired term of December 2010. AND IT IS SO RESOLVED. Board of Directors to fill the PASSED BY A VOTE OF AYES, NAYS, AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor A J f ` Date: ~ SPEAKER CARD I wil 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: ~~ cf ~. es _~ ~ sJ f ~1.~ /~~~'~ e~ Address: /~f City: C' f(State:-~=Zip C de: ~ d3~~ s' Telephone Number;/~ 1~~~~ ~f ~~ Representing: (org ization/self) 1 understand 1 am limited to speaking for five minutes. For business n fisted on the agenda lic_ Baring, City Council will not respond in accordance with Texas Open Meeti a , ~,. er 551 of the Texas Local Government Code. Signed: is in io is a ubli. Record. ,, ; ~, ~- ~. . , ,, _ ax ~, ~' T u ~y+~ i~' a ~~, ~, ~ ~. Date: k~ - ~~ ~ ~~ ~ 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: ~ ~ OrdinancelResolution Number:~~~ '/~/(o Name: ~ C? r.s_ ~~ ~ . ~ ~ e/~ Address: l V / C!/ cyr~~; i "' `~i ~~i / City: I (' ! ~ ~ (L.- State: ~_ Zip Code: ~~ ~~-~ ~~ ~ ~ J~~~" ~~~ Re g: Telephone Number: presentin (organization/ el ~1 u ersta d I ~'Cn limited to speaking for five minutes. For business~n pt Nste o tea fin' a a Public Hearing, City Council will not respond in accordance with the 1i xa Ope Me i aw, Chapter 551 of the Texas Local Government Code. 11~, Signed: ~ ~~~ This information is a Public Record. 'L ,~ ~ f ':~~~~,j;~ ~'~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 ,~.4.~. Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1716 File Number: 0-09-1716 File Type: Ordinance Status: Tabled Version: 1 Requester: Office of the City Secretary Agenda Date: 06/16/2009 Agenda No.: 7a 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 traffic 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: 05/05/2009 City Council 05/19/2009 City Council 06/02/2009 City Council 06/16/2009 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 June 16, 2009 During the June 2, 2009 City Council meeting, two citizens spoke in favor and two citizens spoke in opposition to the proposed ordinance. The City Council tabled the proposed ordinance. Update June 2, 2009 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 0-09-1716B. 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. City of Colleyville Page 1 Printed on 6/10/2009 Agenda Briefing Continued (0-09-1716) 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 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 6/10/2009 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~ingleton, City Secr 02' ~ 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 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 Cerfifted 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 ~. o- .:.` 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, ! 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 21.4-696-5292 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 CROSSi'NGS; 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 Cornmittee (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 of low-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 Colleyvi(le'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 ofall 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 Page5of5 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 0-09-17166 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 Nortli 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 tl~e 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 thcee 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 Jolin 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, 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 fiends in this reconstruction, 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 [he 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 tl~e 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 constriction in public rights-of--way ordinance. Municipal consents entered into pursuant to this division are performable in Tarrant County, Texas. Sec. 7. THAT ifany section, paragraph, subdivision, clause, phrase, or provision ofthis ordinance shall be judged invalid or unconstitutional the same shall not affect the validity ofthis 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 ofthis 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 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 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 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 trafftc 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 dee-ns 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 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 „~ ,~ .. ~_ 1 ~. Date: ~ l C~ ~ ~~~ SPEAKER CARD t/ 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 ^oppogsition u ber: OrdinancelResolution Numberi~ -U/ ~~-~ Agenda Item ame• ~/^, ~ ~~ N , Address: r~ `~~r°~ ~ ~' ~~ 7~~.3`~ Cif; ~p pt ~~ ~ ~ State ~_ Zip Code: ' Telephone Number: ~ 7 ~Z / ` v~ representing: (organization elf ~ ,' 1 and sta Ir m limited to speaking for five minutes. For busines 'sled n a nda as a Public Hearing, City Council will not respond in accordance wit ~i xas n ~ tings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. ` City Hall ~~~?`~ ,°14; ~ City Of CO~~@~/V~~~e 100 Main Street d. ;~~~ 6`~~`49d,~ .,~ Colleyville, Texas 76034 ~~~~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3093 File Number: R-09-3093 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 06/16/2009 Agenda No.: 7b Status: Tabled 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 dated May 12, 2009.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: 05/05/2009 City Council 05/19/2009 City Council 06/02/2009 City Council 06/16/2009 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 June 76, 2009 During the June 2, 2009 City Council meeting, one citizen spoke in opposition and one citizen spoke in favor of the proposed resolution. The City Council tabled the proposed resolution. Update June 2, 2009 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-09-30936. Correspondence between the City Attorney and Mr. Whitaker regarding Resolution R-09-3093C is attached. Cify of Colleyville Page 1 Printed on 6/12/2009 Agenda Briefing Continued (R-09-3093) 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. Mr. Christopher Whitaker, who submitted the petition and original resolution to the City on April 21, 2009, has submitted an additional resolution to the City Attorney. The additional resolution is included for City Council consideration, as well as the original resolution. Correspondence between the City Attorney and Mr. Whitaker regarding the additional resolution is attached. Reading and Public Hearing 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. Cify of Colleyville Page 2 Printed on 6/12/2009 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~/nthiaCSingleton, City Secr ' ay zoos (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 t justwanted to make sure this was.OK. 1 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: i ~ 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. 9201 Wingren Plaza, Suite 108 Irving, Texas 75062 (972) 650-7109 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 O8, 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, 1 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 1 have corrected these without alteration as to meaning or effect of the petitions. While I hold this belief, 1 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 Cerf~ed Texas Board of Lega! Specialization John R. Salazar, P.C. 8100 John Carpenter Freeway Suite 200 Dallas, Texas 75247 214-696-5292 Fax: 214-943-3393 ~. A"~ .411 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 3080695 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 S` 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 3080695 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 io 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 A VOTE OF ABSTENTIONS ON THIS THE 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND DAY OF CITY OF COL~EYVILLE David Kelly Mayor RESOLUTION R-09-3093B 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 Hil1Co 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 R-09-3065 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, with the City of Colleyville not incurring the cost of this construction ojthis design and not implementing new taxes to pay for this construction of this design. 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 Colleyvilte 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-09-30938 Page 4 of 4 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 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 of Colleyville 100 lain Street Colleyville, Texas 76034 ~;,. Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 06/16/2009 Requester: Office of the City Agenda No.: 9 Secretary File Name: Reports -June 16, 2009 Controlling Body: City Council Final Action: Attachments: Library Board Minutes- May 11, 2009 Planning and Zoning Commission Minutes -May 11, 2009 History of Legislative File Version: Date: Acting Body: Action Text: 1 06/16/2009 City Council Title Library Board Meeting Minutes -May 11, 2009 Planning and Zoning Commission Minutes -May 11, 2009 City of Colleyville Page 1 Printed on 6/9/2009 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES May 11, 2009 I. CALL TO ORDER -Chair Jerome Davis called the meeting of the Colleyville Public Library Board to order at 7:01 p.m. ROLL CALL -Members present: Pat Jones, Jerome Davis, Nancy Bowen, and Richard Roxburgh Members Absent: Karen Birkes, Steve Isbell and Mary Alice Rippe Alternates Present: Thad Bolline Absent: Kathleen Hennessey Ex-Officio Members Present: Steve Banta and Kay Newton Ex-Officio Members Absent: Dr. Larry Darlage, Mayor David Kelly, Jorge Rodriguez, Cecilia Monacelli and Mary Smith Staff present: Jennifer Fadden, Mary Rodne and Cynthia Appleby Others present: Megan Fitzgerald, Kari Banta, Kylee Kittrell, Alice Fitzgerald and Carla Williamson II. APPROVAL OF FEBRUARY 9, 2009 MINUTES - A motion was made by Nancy Bowen and seconded by Pat Jones to approve the February 9, 2009 Minutes as presented. Motion approved unanimously. III. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Rodne distributed Colleyville Public Library Usage Statistics, for review and discussion. In March, patrons had checked out a total of 18,390 items, 102 Colleyville residents registered for library cards, library patron visits totaled 8,168, attendance for programs totaled 970 and volunteer hours totaled 225 hours. In April, patrons had checked out a total of 17,078 items, 67 Colleyville residents registered for library cards, library patron visits totaled 7,429, attendance for programs totaled 685 and volunteer hours totaled 205.50 hours. Rodne noted that the total circulation of library materials this year was 8% higher than the total circulation of library materials last year at this time. b. Donations Director Rodne reported on the donations that the Library had received in February, March and April. In February, the Library received a total of $225 in donations. The donations included: $200 from Betty Sanders for the purchase of children's materials in honor of the Colleyville Public Works Department; and $25 from Saddlebrook Homeowners Association for the purchase of a book in memory of Tom Norton. In March, the Library had received a total of $300 in donations. The donations included: $250 from the Colleyville Garden Club for the purchase of gardening books and magazines; and $50 from the Garden Club for the purchase of materials in memory of Jim Schmulen. In April, the Library received a total of $30,125 in donations. The donations included: $10,000 from the Friends of the Colleyville Public Library for the purchase of library shelving; $9,800 from the Verizon Foundation presented to the Library Foundation for the purchase of four Early Literacy Computer Stations for the Library; a $10,000 grant presented to the Library Foundation from the Robert J. and Helen H. Glaser Family Foundation to support the Colleyville Public Library's 2009 Summer Reading Program; $50 from Ann Maddux for the purchase of an audio book on CD; and $275 from members of the Friends of the Library for the purchase of books in memory of Dulce Moore. c. Grants -Colleyville Woman's Club -Verizon Library Director Mary Rodne announced that the Library had received notification from the Colleyville Woman's Club informing the Library of their support with a 2008-2009 CWC Circle of Hope Grant in the amount of $3,000 for the purchase of audio books on CD. It was noted that the Library had submitted an application for the CWC grant in December of 2008, and that the Library would be receiving the Grant funding at the CWC Grants and Awards Luncheon on Friday, May 15, 2009. Additionally, Rodne announced that Library had received a grant from the Verizon Foundation for the purchase of four Early Literacy Stations, and thanked Pat Jones for submitting the grant on behalf of the Library Foundation. d. Library Programs 1. Winter/Spring Programs Director Rodne reported that the Youth Services Winter/Spring 2009 programs had ended on April 17, 2009. It was noted that Family Movie Days had been held on Tuesday, March 17 and on Saturday, April 11, 2009. Rodne added that the Library had co-sponsored a program with the Bransford Elementary School in celebration of National TV-Turnoff Week on Tuesday, April 23, 2009, in the Library. The program, The Incredible Bubble Show, was attended by around 111. 2. Summer Reading Program Director Mary Rodne distributed the Library's 2009 Summer Reading Program, Libraries: Deep in the Heart of Texas, flyer for review and discussion. Rodne reported that Library staff would be distributing flyers to the schools to promote the summer reading program during classroom visits and to the classes that had scheduled visits to the Library. Rodne added that staff had started visiting schools on May 7, 2009, and that six classroom visits to the Library had been scheduled the last week in May and the first week in June. Additionally, it was announced that the Library was recruiting volunteers to work at the summer reading check-in station and that staff had set up a display at the National Charity League meeting on May 4, 2009 to recruit volunteers. It was also noted that the Library would be launching its Summer Reading Program on Saturday, June 13, 2009 with a Cowboy Breakfast and that the Colleyville Lions Club would be providing pancakes and sausage. 3. Teen Advisory Council Director Rodne announced Girl Scout Troop 1416 had chosen to do a project for the Library to earn a Silver Award, and invited Girl Scout members Megan Fitzgerald, Kari Banta and Kylee Kittrell to present an overview of the project. The members noted that the project included forming a Teen Advisory Council and that their goal was to make suggestions on how to make the Colleyville Public Library more teen friendly. They reported that the Troop was doing a teen survey to receive input on programs that the Library could provide for teens. They concluded that their goal was to complete the project in June 2009, and that they would be presenting a project report summary to the Library, when their work was completed. The Library Board thanked them for the presentation and the work they were doing on behalf of the Library. e. New Staff Director Mary Rodne introduced new staff member Cindy Appleby, Circulation/Information Services Librarian and noted that the Library also had a new Circulation Clerk, Christine Kim. IV. NORTH TEXAS LIBRARY PARTNERS - SPRING 2009 REGIONAL MEETING REPORT Library Director Mary Rodne reported that she had attended a North Texas Library Partners Spring 2009 Region 4 Meeting on March 17, 2009, at the Southlake Public Library. Rodne presented an overview of the meeting and noted that the key agenda items included system consulting reports and discussion of the 2010 Plan of Service for NTLP. V. NORTH TEXAS CONFERENCE FOR LIBRARY SUPPORTERS REPORT Director Mary Rodne announced that plans were well underway for the second Annual North Texas Conference for Library Supporters, scheduled to be held on Saturday, February 13, 2010, at the Lockheed Martin Recreation Area (LMRA) in southwest Fort Worth. Rodne also noted that the Colleyville Public Library Foundation had been once again invited to present at one of the fundraising idea sharing sessions. VI. REVIEW AND DISCUSSION OF THE CITY OF COLLEYVILLE FY2010 BUDGET SCHEDULE The City of Colleyville FY 2010 Budget Schedule was presented to the Library Board for review and discussion, and City Manager Jennifer Fadden presented an overview of the FY2010 Budget. VII. COLLEYVILLE PUBLIC LIBRARY SPATIAL REORGANIZATION PROJECT PLAN UPDATE Director Mary Rodne presented an update on the Library's Spatial Reorganization Project Plan and noted that staff continued to work on additional information that was needed to supplement the plan. Rodne also presented an update on the Staff Work Area Reorganization Project that had been conducted in April and noted that the project had gone very well. VI11. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT President Kay Newton reported that the Friends of the Library had donated $10,000 to the Library for the purchase of shelves for the Staff Work Area Reorganization Project and that they had also donated $128.16 to the Library; the first revenues from their Better World Books online book sale. Newton added that the 2009 Fourth Thursday Author Series, which featured local authors, had concluded in April and that the series would start again in September. In closing, Newton noted that the Friends would be assisting the Library as needed during the Summer Reading Program. IX. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT Pat Jones reported for President Cecilia Monacelli that the Foundation Board had held meetings in February, March and April, and that the Board continued to work on their 2009 annual fundraisers. It was noted that their primary fundraiser, the Race to Read, was scheduled to be held on November 7, 2009. Jones concluded that the Verizon Foundation had presented a grant to the Foundation in the amount of $9,800 for the purchase of four Early Literacy Computer Stations and that the Library Foundation was donating $1,200 towards the cost of the fourth station. It was noted that the next Foundation meeting would be held on May 18, 2009 at 6:00 PM. X. NEXT MEETING DATE Chair Jerome Davis confirmed that the next Library Board meeting was scheduled on June 8, 2009 at 7:00 PM. XI. SUGGESTED ITEMS FOR FUTURE MEETINGS None XII. CITIZEN COMMENTS None XIII. ADJOURN: A motion was made by Nancy Bowen and seconded by Pat Jones to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 8:12 p.m. `"' ~~ Cit of Colle ville '~ ~~ dlr' ~ Y Y ~~~~ ~ Minutes -Final ,,. _. Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, May 11, 2009 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on May 11, 2009 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Scott Redfearn, Michael Clardy, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Dave Dudziak Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Knox moved to approve the April 13, 2009 meeting minutes as written. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Rotthaus, Phelps, Byerly Absent: 1 -Dudziak City of Colleyville Page i Printed on 6/1/2009 Planning and Zoning Commission Minutes -Final May 11, 2009 6. 7. 7a 8. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS Approval of a sidewalk waiver request on Lot 1, Block 1, Renfro Estates Addition located at 2000 Renfro Drive, Case GC09-007 Justin Bass presented the case and briefed the Commissioners. Shawn Mackey, the applicant, came forward to present the case and brief the Commissioners. Commissioner Phelps questioned Mr. Mackey regarding the placement of the sidewalk. Mr. Mackey explained the placement of the sidewalk by showing a picture on the podium. Commissioner Phelps questioned staff regarding the future of the cul-de-sac; when will the cul-de-sac be paved? Jeremy Hutt, Senior Project Engineer, came forward and stated there are no future plans to pave or widen this street. He stated it could possible be a rehab project which would consist of a complete re-do on the street and the drainage system. Commissioner Phelps questioned staff regarding if the lack of easement dedication has delayed this process? Jeremy Hutt replied no. He stated if the city were to come in and re-do the street, they would have to possibly purchase right of way on the adjacent properties that have not dedicated right of way to complete the project. Commissioner Byerly moved to deny the waiver and give the applciant the option to escrow $1,600.00 in lieu of building the sidewalk on case GC09-007. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Rotthaus, Phelps, Byerly Absent: 1 - Dudziak ADJOURNMENT The meeting adjourned at 7:15 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, May 7, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville page y Printed on 6/1/2009 Planning and Zoning Commission Minutes -Final May 11, 2009 The meeting minutes were approved on May 26, 2009. City of Colleyville Page 3 Printed on 6/1/2009 RESOLUTION R-09-3109 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JUNE 16, 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: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor