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City Council-Agenda Packets-7/7/2009
Cit of Colle ville City Hall --•_~• Y Y 100 Main Street { ~ '.`~ ~~ Colleyville, Texas 76034 ~'"~ ~~~ Agenda 817. 503.1000 ,,.,:,~ www.colleyville.com City Council Tuesday, July 7, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the health insurance bid analysis and recommendation PC-2 Discussion of the process for filling an unexpired term on the Parks and Recreation Advisory Board PC-3 Discussion of the July 7, 2009 City Council meeting 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. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites 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: Pastor David Jung, Crown of Life Lutheran Church City of Colleyville Page i Printed on 7/2/2009 City Council Agenda July 7, 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-09-3110 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Parks and Recreation Month -Sissy White, Recreation Supervisor 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3111 4a Approval of the minutes of the regular City Council meeting of June 16, 2009 4b Approval of an amendment to the Interlocal Agreement with the City of Euless, for the construction of the Heritage Avenue improvements, and authorize the City Manager to execute the agreement 4c Approval of a construction contract with JDC Construction, Co., for the 2009 Sidewalk Improvements, in an amount not to exceed $49,890.60, and authorize the City Manager to execute the contract 4d Approval of the IESI TX Corporation CPI, fuel rate and supplemental rate adjustment of $0.45, establishing the effective date of the adjustment to be September 1, 2009 through August 31, 2010 5. ORDINANCE(S): SECOND 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) City of Colleyville Page 2 Printed on 7/2/2009 City Council Agenda July 7, 2009 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1722 Approval of replacing Ordinance 0-07-1629 establishing school safety zones within the City of Colleyville 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3112 Consideration of an appeal regarding the denial of a sidewalk escrow refund on Lot 1, Block 1, of the Braemar Addition, located at 5008 Fry Lane, Case GC09-008 7b R-09-3113 Consideration of an appeal regarding the denial of a sidewalk escrow refund on Lot 2, Block 1, of the Braemar Addition, located at 5012 Fry Lane, Case GC09-010 7c R-09-3114 Consideration of an appeal regarding the denial of a sidewalk escrow refund on Lot 19, Block 2, of the Stafford Heights Addition, located at 4712 Manning, Case GC09-011 8. TABLED ITEMS: READING AND PUBLIC HEARING 8a 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 8b 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 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10 ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 7, 2009 - Reading and Public Hearing -Resolution R-09-3115 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, July 2, 2009, by 5:00 p.m. City of Colleyville Page 3 Printed on 7/2/2009 City Council Agenda July 7, 2009 / ~~ Cynthia Singleton, City Secretary TRMC, CMC ~~ 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 7/2/2009 l:~ ' ~7 ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 T~.~°~- Agenda Briefing 817.503.1000 www.col leyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 07/07/2009 Controlling Body: City Council Requester: Human Resources Agenda No.: PC-1 Final Action: Department File Name: Discussion of the health insurance bid analysis and recommendation Attachments: Attachment A -Health and Dental Bids Received.pdf Attachment B -UHC Alternate Plans.pdf Attachment C -Health Insurance Alternative Bids.pdf Attachment D -Dental Insurance Alternative Bids.pdf Attachment E -Vision Insurance Alternative Bids.pdf Attachment F -Long-term Disability Insurance Alternative Bids.pdf Attachment G -Life Insurance Alternative Bids.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/07/2009 City Council Title Discussion of the health insurance bid analysis and recommendation Explanation This item provides an opportunity for City Council and staff discussion of the health insurance bid analysis and recommendation. In May 2009, staff received from United Healthcare (UHC) the health insurance renewal, which reflected a 25.29% rate increase. Additionally, the City's dental provider, Ameritas Group, established its renewal at an increase of 25.01 %. At the May 19, 2009, Pre Council meeting, staff and Council discussed going to bid for the health, dental, and ancillary lines of insurance in an effort to obtain more competitive offers. Health Insurance The City advertised and instructed Cooper Corporate Solutions (Cooper) to seek competitve bids from all Tier 1 and national Tier 2 companies (Attachment "A"). The bid opening took place June 2, 2009. Five of the six companies declined to participate due to an inability to respond with competitive rates. Aetna was the only carrier to bid on the City's health insurance. The Employee Benefits Committee; consisting of Fire Lieutenant Kenny Phillips, Parks Administrative Secretary Wanda Drexel, Utility Superintendent Ken Tywater, Police Officer Chuck Tinsman, GIS Coordinator Sunny Lindsey, Utility Billing Supervisor Theresa Fox, Colleyville Center Office Assistant Marilyn Gilbert, Senior Center Supervisor Renee Garrett, Code Enforcement Officer Ky Roby, Deputy Emergency Management Coordinator Andrea Renegar, Police Officer Scotty Graves, Adult Services Librarian Erica Gill, and Human Resources Manager Elise Welborn; met with Christian Moreno and Rich Allen of City of Colleyville Page 1 Printed on 7/1/2009 Agenda Briefing Continued Cooper to compare the UHC and Aetna proposals (Attachments "B" and "C") In reviewing the proposals, the Committee and Cooper compared current benefits, service levels, doctor networks, pharmacy and office visit coverage as well as proposed premiums. The Committee first focused on options with UHC, as keeping the incumbent carrier would prevent disruption for employees, especially with regard to the physician network. After increasing the office visit and specialist copays, lowering the coinsurance from 100% to 90% in-network, and increasing the out of pocket maximums, the UHC rate increase remained greater than 10%. The plan design offered by Aetna mirrored the City's current plan with UHC at a cost of 8% less than UHC's negotiated renewal of 18.29%. In addition, the disruption report showed a 98% match of Aetna's physician network to that of UHC, meaning only 2% of employees' doctors would fall out of network on the Aetna plan. UHC's third alternative plan, which included lowering the coinsurance from 100% to 80% of in-network expenses, also reduced the rate to a single digit increase; however, the Committee regarded Aetna's plan as a win-win solution -achieving an acceptable rate increase while maintaining the current plan design. The chart below outlines the plan design options that were considered. Change to Current Premium In-network coinsurance after deductible met Individual deductible Family deductible Office visit copay Specialist visit copay Emergency Room copay Individual out-of-pocket maximum Family out-of-pocket maximum Tier 1 drug copay Tier 2 drug copay Tier 3 drug copay UHC Renewal UHC 1 UHC 2 UHC 3 Aetna 18.29% 13.73% 11.46% 6.33% 9.99% 100% 100% 90% 80% 100% $1,500 $1,500 $1,500 $1,500 $1,500 $3,000 $3,000 $3,000 $3,000 $3,000 $15 $25 $25 $25 $15 $20 $50 $50 $50 $20 $200 $200 $200 $200 $200 $1,500 $1,500 $4,000 $4,500 $1,500 $3,000 $3,000 $8,000 $9,000 $3,000 $10 $10 $10 $10 $10 $30 $30 $30 $30 $30 $60 $60 $60 $60 $60 Aetna also agreed to offer an additional 2% rate reduction if the City selected Aetna as its provider for dental, life, and long-term disability insurance. At an increase of 7.99%, the employee premium cost for family health insurance coverage increases by $17.12 per month, or $205.47 per year. The annual employer funding of the premiums is $1,714,967.00. The plan also includes continued funding of the health reimbursement arrangement (HRA). The HRA is a deductible sharing account between the City and employees. Again for Fiscal Year 2010, should the employee need to meet the individual deductible (ex: through hospitalization); the employee would pay the first $250.00 and be reimbursed from the City for the remaining $1,250.00. Employees with family coverage would pay the first $500.00 and be reimbursed from the City for the remaining $2,500.00. The City is responsible for the risk associated with the shared deductible. The City's expense for the HRA includes third party administrative costs of $9,346.00 to administer the plan, and funding the HRA at 35%, or $129,500.00. The City's total cost for providing health insurance and the HRA is $1,880,813.00 for an increase of 7.33%, or $128,385. As mentioned at the May 19, 2009, Pre Council meeting, the City's FY 2009 City of Colleyville Page 2 Printed on 7H/2009 Agenda Briefing Continued HRA claims experience is within the budgeted amount. A funding level of 35% for FY 2010 has been reviewed by the Finance Director. Dental Insurance Ameritas, the current dental provider, proposed an initial 25.01 % rate increase. In response, Cooper was directed to seek competitive bids from the top dental carriers in the state as well as companies that offered ancillary insurance lines in addition to dental coverage (Attachment "A"). One of the nine companies did not respond. Of the companies that responded, all except Aetna offered double-digit rate increases. The plans were identical with three exceptions. Together with a PPO, Aetna's plan includes a Dental Maintenance Organization (DMO), which has no maximum benefit (Attachment "D"). Employees can switch between the PPO and DMO on a monthly basis at no additional cost. The Assurant plan design provides a 5% higher reimbursement for out-of-network services than do the other carriers. The Pendant Health option is aself-funded plan. While the total annual premiums increase at a single-digit rate, the impact to the City is greater because of the "Employee Only" cost. Also, employees receive a lesser benefit through capped annual maximums. The committee determined Aetna's dental plan to be the best option at a rate increase of 2.91 %. Aetna offered the lowest rate, a reduction of 2% to the health insurance rate, and a DMO option. The employee premium cost for family coverage increases by $1.70 per month, or $20.40 per year. Ancillary Insurance Block Vision, The Standard, and Lincoln Financial; the City's vision, life, and long-term disability (LTD) insurance providers, respectively; all offered rate passes for FY 2010. While one alternate vision plan offered a 2.06% rate reduction, the committee recommends remaining with Block for administrative ease and employee satisfaction (Attachment "E"). The vision insurance is a voluntary benefit, so there is no cost to the City. Regarding life and long-term disability insurance, the committee recommends moving to Aetna in order to achieve an additional 2% decrease to the health insurance rate. While Aetna's life insurance rate is slightly higher than the incumbent ($0.147 versus $0.14), the lower LTD rate more than makes up the difference (Attachments "F" and "G"). Summary Following review and negotiations with responding companies, staff recommends changing health, dental, life and long-term disability insurance companies from UHC to Aetna for the following reasons: 1. Staff negotiated a 7.99% increase 2. There is minimal impact to employees and the City 3. Aetna had excellent references Implementation would begin with open enrollment meetings in August, coverage being effective October 1, 2009. Staff will bring this item forward for Council's final approval on the July 21, 2009, consent agenda. As the City continues to face increasing health care costs, it is necessary to strategically prepare for the future. Staff will include in the FY 2010 Work Plan an initiative to study the sustainability of the City's overall benefits structure. Over the next 12 months, staff will work City of Co/leyville Page 3 Printed on 7/1/2009 Agenda Briefing Continued with Cooper and the Employee Benefits Committee to review and renovate the City's benefits plan. Recommendations on changes to the design of the City's benefits structure will be reviewed by the City Manager's Office and brought to Council for discussion and final approval. City of Colleyvil/e Page 4 Printed on 7/1/2009 m -a ~ ~ v ~ ~ ~ -o ~ ~ a O > > > > > > > > ~ > U U U U U U U U N! 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O O O O o n ~ M o C ao ~° ,~ N m n a n .- .r lA In O ~ h b } ~ N n r r IA N H S n w EA fA (9 „~. x r 0 N LL ° ~ O O O O O O N co Q o O m n ~ ~`p m a rn b ~ ~ ~ f9 N9 ~j N ~- ~ ~ M m ~ ~ ~ : m ~ W+ , ,~ L ~~~`; d W Q .H V L fi+ ~ ~ O O O O ~ rj o o O o w m \ w w = O O a p~ ar n ~ vi ~ ~ ~ ~ '. -. fR fA ~ J ? -"'ii . , k ~ :~ 0 ~ ~ O y: O O O O ~ ` } n- ~ ~ a j;~5:: ~ ~ ~ N ~ c0 N C r d (yQ N N 7~ N N O ~ y E V' ~ O O ' ~ O ~ t ~ o n n C E E E in o° E m ~ m ~ ~ d m Q W W m a~ d~ ~'~ ~ w > ~ d >~ Q ~w c E E d a n o a~ J U p m ~ ~ ~ 7 7 d U ~ > 3 ~ D - > > ~ RK LL LL W N ajj f0 C~ 'Ot ~ Q C a .J Q ~ laQl- Q~ W o Q i~~~' v/ ~ City of Colleyville City Hall ColleyvilleaTexas 76034 ,k,~.,.: Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Office of the City Secretary Agenda Date: 07/07/2009 Agenda No.: PC-2 Controlling Body: City Council Final Action: File Name: Discussion of the process for filling an unexpired term on the Parks and Recreation Advisory Board Attachments: Parks and Recreation Advisory Board roster.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 07/07/2009 City Council Title Discussion of the process for filling an unexpired term on the Parks and Recreation Advisory Board Explanation On June 11, 2009, Ms. Raelene Darling, whose term expires December 2010, resigned from the Parks and Recreation Advisory Board. In accordance with the City Council Rules of Procedure, Section VII, Procedures for City Council Appointments, Section 7.2; In the event of a vacancy other than an expiring term, the City Council may fill the position by a majority vote of the City Council without advertising. The appointee shall serve the unexpired term. City Council may consider the following options for filling the position: • Consider the appointment at the July 21, 2009, City Council meeting without advertising • Advertise the position for 30 days and consider the appointments at the August 18, 2009 City Council meeting • Advertise the positions during the regular advertising period for the September appointments and City Council will consider the appointments during the September 15, 2009 City Council meeting City of Colleyville Page 1 Printed on 6/29/2009 Aaen~ da Briefinp Continued Parks and Recreation Director Monica Walsh is requesting the position be filled as soon as possible for the purpose of having a quorum for the Parks and Recreation Advisory Board meetings. Staff is requesting direction from City Council for the appointment process for the vacancy. City of Colleyville Page 2 Printed on 6/29/2009 Parks and Recreation Advisory Board Meets First Monday of the Month at 6:00 p.m. at the Park Annex Director: Monica Sue Walsh Office: 817.503.1180 CHAIRMAN Steve Dalri 1314 Hardage Lane Colleyville, TX 76034 W: 817.605.8409 H: 817.481.8782 F: 817.427.9894 sdalri67@hotmail.com TERM: December 2008 - 2010 VICE-CHAIRMAN Vince Rosen 1313 Chatsworth Court East Colleyville, TX 76034 W: 817.307.0563 H: 817.577.4862 F: 817.788.1767 vince rosenhome.com TERM: December 2008 - 2010 PLACE 1 VACANT TERM: -December 2010 PLACE 2 Kenneth Llewellyn 7905 Jefferson Circle Colleyville, TX 76034 W: 817.410.4775 H: 817.498.5639 F: 817.410.4776 ken.l lewellynt~employeebenefitresources. c om TERM: September 2008 - December 2009 PLACE 6 Brian Estridge 7209 Windswept Trail Colleyville, Texas 76034 W: 817.966.2073 H: 817.788.0898 b.estridge a~tcu.edu TERM: December 2007 - 2009 PLACE 4 Deena Dendy 4906 Cranbrook Drive East Colleyville, TX 76034 H: 817.545.2176 dedendvCa~tx.rr.com TERM: December 2007 - 2009 PLACE 8 Rick Paddock 206 Mill Valley Drive Colleyville, TX 76034 H: 817.577.8548 RGPConsultsCc~tx.rr.com TERM: December 2008 - 2009 PLACE 5 Debby Abitz 1711 Tyler Street Colleyville, TX 76034 H: 817.996.0059 md.abitzCa~hotmail.com TERM: December 2008 - 2010 GCISD LIAISON Charlie Warner 3051 Ira E. Woods Grapevine, TX 76051 swseiko@aol.com Revised 01-26-2009 k~ ~ yr ~ City of Colleyville 100 Mlain Street Colleyville, Texas 76034 T,~~4 Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 07/07/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-3 Final Action: Secretary File Name: Discussion of the July 7, 2009 City Council meeting regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 07/07/2009 City Council Title Discussion of the July 7, 2009 City Council meeting regular agenda items City of Colleyville Page 1 Printed on 6/26/2009 Gi ' !Y City of Colleyville 100 Main Street Colleyville, Texas 76034 r~,~.~. Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 07/07/2009 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session -Legal -July 7, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 07/07/2009 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. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites Sec. 551.087 -Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 6/30/2009 RESOLUTION R-09-3110 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JULY 7, 2009 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ;:~ • ~., City of Colleyville 100 Main Street !3 Colleyville, Texas 76034 T.~a~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 07/07/2009 Controlling Body: City Council Requester: OfFce of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -July 7, 2009 Attachments: Parks and Recreation Month Proclamation.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 07/07/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Parks and Recreation Month -Sissy White, Recreation Supervisor City of Colleyville Page 1 Printed on 6/30/2009 roci~r~~tion Colleyville, Texas WHEREAS: public parks and recreation systems are dedicated to enhancing the quality of life for residents in communities around the world through recreation programming, leisure activities and conservation efforts; and WHEREAS, parks, recreation and leisure experiences provide opportunities for all citizens of a community to live, grow and develop into contributing members of society; and WHEREAS, parks and recreation programs generate opportunities for people to come together and experience a sense of community through fun recreational pursuits and provides outlets for physical activities, socialization and stress reducing experiences; and WHEREAS, parks, playgrounds, nature trails, open spaces and recreation facilities make communities desirable places to live, work and play, contributing to economic vitality; and WHEREAS, parks, trails and open spaces provide a welcome respite from our fast paced, high tech lifestyles while protecting and preserving our natural environment; and WHEREAS, parks and recreation touches the lives of individuals, families, groups and the entire community and positively impacts the social, economic, health and environmental quality of our community; and WHEREAS, July is recognized as National Parks and Recreation Month by the National Recreation and Park Association. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council, do hereby proclaim the entire month of July as PARKS AND RECREATION MONTH and encourage all citizens to celebrate by participating in one of the many leisure pursuits available in our City and recognize the vital contributions of employees and volunteers in parks and recreation facilities. IN WITNESS WHEREOF, I do hereby set my hand a seal of e/~i of Colleyville affixed this 7~" day of July 2009. / ~~JC / ~`1j Mayor 1:~1~ ~, IY•.Xati RESOLUTION R-09-3111 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JULY 7, 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 16, 2009 b. Approval of an amendment to the Interlocal Agreement with the City of Euless, for the construction of the Heritage Avenue improvements, and authorize the City Manager to execute the agreement c. Approval of a construction contract with JDC Construction, Co., for the 2009 Sidewalk Improvements, in an amount not to exceed $49,890.60, and authorize the City Manager to execute the contract d. Approval of the IESI TX Corporation CPI, fuel rate and supplemental rate adjustment of $0.45, establishing the effective date of the adjustment to be September 1, 2009 through August 31, 2010 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~~~ ~~ City of Colleyville 100 Main Street ~", Colleyville, Texas 76034 City Council Minutes -Draft 817.503.1000 "~~~~ www.colleyville.com City Council Tuesday, June 16, 2009 CITY COUNCIL CHAMBERS PC-1 PC-2 The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 16, 2009, at 7:32 p.m. ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, 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, Colleyville Center Manager Lin Przybyl, Human Resources Manager Elise Welborn, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Intern Bryan Friday, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Presentation by Mr. Robert Earley, Chief Executive Officer of John Peter Smith Hospital Mr. Robert Earley, President and Chief Executive Officer, John Peter Smith Health Network (JPS), provided an overview of JPS services and the JPS School-Based Health Centers in the Grapevine-Colleyville Independent School District and answered questions of the City Council. Councilmember Taylor expressed appreciation to Mr. Earley and JPS Health Network for the services provided to the community. There was general discussion regarding the future of JPS the Trauma Center 1 Certification criteria and the healthcare industry. Discussion of the IESI rate adjustment request Management Assistant Christine Loven provided information regarding the proposed rate increase by IESI and introduced Mr. Paul Hansen, District Manager and Mr. Norm Bulaich, Municipal Manager, IESI. Mr. Hanson outlined the proposed rate increase and answered questions of the City Council. Cify of Colleyville Page 1 Printed on 7/1/2009 City Council City Council Minutes -Draft June 16, 2009 Discussion ensued regarding IESI service levels, dissemination of information regarding billing rates and fuel prices. City Manager Jennifer Fadden stated an item regarding the proposed rate increase will be on the July 7, 2009, City Council agenda. 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 Mr. Bulaich expressed appreciation for the City's business and resolved to address customer issues. Presentation of the Monthly Financial Report - May 2009 Finance Director Terry Leake presented the May 2009 Financial Report and answered questions of the City Council. Discussion of the June 16, 2009 regular agenda items There was no discussion of regular agenda items. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:27 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 16, 2009 at 6:48 p.m. ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, 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, Colleyville Center Manager Lin Przybyl, Human Resources Manager Elise Welborn, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Intern Bryan Friday, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D City of Colleyville Page 2 Printed on 7/1/2009 City Council City Council Minutes -Draft June 16, 2009 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 Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:48 p.m. and reconvened at 7:32 p.m. INVOCATION: Farzim Hamraee, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3105 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Taylor invited citizens to visit the Colleyville web site for information about the City, access to public documents, GIS maps and City events and activities and commended staff for development of the web site. Mayor Kelly announced the Early Voting and Election Day dates, times and locations of the Special Election to be held August 1, 2009. Councilmember Taylor reported the Summer Reading Kick-off Cowboy Breakfast, on Saturday, June 13, 2009, was a success with over 500 participants and expressed appreciation to the Lions Club for providing breakfast. Mr. Taylor further stated that citizens also enjoyed the Blues Festival held Saturday afternoon in the Villages at Colleyville and expressed appreciation to community volunteers and staff for assisting with both events. Mayor Kelly invited citizens to participate in the Summer Reading Program, which officially begins Monday, June 15, 2009, and the Grand Finale will conclude the program on Thursday, August 6, 2009. City of Colleyville Page 3 Printed on 7/1/2009 City Council City Council Minutes -Draft June 16, 2009 Mayor Kelly announced the Colleyville Historical Preservation Committee recently dedicated three historical markers in Colleyville, which included Frontier Justice near Brown Trail, the Felps Dairy Farm near L.D. Lockett Road and the Dunn/Tirk Log Cabin at McPherson Park. The Committee's theme of "Let Colleyville's Future Be Its Past" is designed to make Colleyville's history more accessible by enhancing historical information on the City's web site, including a downloadable driving map of historical sites and story telling sessions geared toward Colleyville's young citizens. The new web-based program will launch in Fall 2009 at www.colleyville.com. Mayor Kelly reported the 8th Annual BBQ Cook-Off, supporting the Special Olympics program, was held June 5-6, 2009, and congratulated Mathew Deal for winning the children's cook-off competition. Mayor Kelly expressed appreciation to Police Chief Tommy Ingram, Police Detectives Bob Etheridge and Kevin Walling for coordination of the event. He invited citizens to plan to attend the 2010 event scheduled June 4-5. Mayor Kelly reported citizens enjoyed entertainment and activities during the Annual Blue Shoe Blues Festival, held on June 13, 2009, in the Villages at Colleyville and expressed appreciation to the Police Academy Alumni, the Fire Academy Rehab Unit and staff for assisting with the event. Mayor Kelly presented a Proclamation to Ms. Madeline Kelley, Census Bureau Partnership Specialist, in recognition of the 2010 Census. Ms. Kelley expressed appreciation for the recognition and encourgaged citizens and organizations to partner with the Census Bureau to obtain an accurate and complete census count. Ms. Barbara Walker stated the Verizon Foundation is very pleased to support the Colleyville Public Library and literacy efforts and presented a check, in the amount of $9,800.00, to the library. Library Director Mary Rodne stated the Verizon donation provided four children's literacy computer stations including 44 software programs. Mayor Kelly presented a plaque to Ms. Walker, on behalf of the City and the Colleyville Public Library Foundation, recognizing Verizon for the generous support provided to the Colleyville Public Library Mayor Kelly presented the Texas Public Works Association Public Works Project of the Year Award to Utility Superintendent Ken Tywater, Public Works Director Steve Chutchian and Mr. Brian O'Neill of Dannebaum Engineering Corporation. City of Colleyville Page 4 Printed on 7/1/2009 City Council City Council Minutes -Draft June 16, 2009 Mr. Chutchian expressed appreciation to the City Council for having the vision to prepare for the City's water needs and to Mr. O'Neill and Mr. Tywater for an excellent job of managing the project. Mayor Kelly recognized Dixie Smith, Public Works Office Assistant, five years of service; Troy Crawford, Park Maintenance Supervisor, five years of service; Mike Campbell, Sign Technician, fifteen years of service; Tim Mathis, Senior Mechanic, 20 years of service; and Russell Bruce, Project Engineer, 20 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 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 Mayor Kelly read Resolution R-09-3106 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-09-3106. Councilmember Wollin seconded the motion City of Colleyville Page 5 Printed on 7/1/2009 City Council City Council Minutes -Draft June 16, 2009 The motion carried by the following vote: 5. 5a 5b Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor ORDINANCE(S): FIRST READING AND PUBLIC HEARING 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 Mayor Kelly read the caption of Ordinance 0-09-1720. Community Development Director Ron Ruthven provided an overview of the request for a Special Use Permit for a carport and stated there were no letters received regarding the request, the Planning and Zoning Commission recommended approval and staff recommends approval with the conditions stated in the proposed ordinance. Mayor Kelly opened the public hearing. Mr. Jerry David, V. Patrick Gray Custom Homes, spoke on behalf of the applicants, and requested the City Council approve the Special Use Permit for a carport. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly stated the carport was constructed prior to the Special Use Permit requirement, the home was destroyed by a fire and the destruction of the residence requires the property be brought up to code with the new construction. 0-09-1721 Adopting the annual budget for Fiscal Year 2010 (FY 2010) of the Colleyville Crime Control and Prevention District (CCCPD) Mayor Kelly read the caption of Ordinance 0-09-1721. Police Chief Tommy Ingram provided an overview of the proposed Colleyville Crime Control Prevention District budget and answered questions of the City Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City of Colleyville Page 6 Printed on 7/1/2009 City Council City Council Minutes -Draft June 16, 2009 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-09-3107 Consideration of appointment to the Historical Preservation Committee Mayor Kelly read Resolution R-09-3107 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Taylor nominated Gigi Walker. There were no other nominations. Councilmember Taylor moved to approve Resolution R-09-3107, appointing Ms. Gigi Walker to the Historical Preservation Committee to an unexpired term of September 2009. Mayor Pro Tem Ayers seconded the motion The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6b R-09-3108 Consideration of appointment to the Tax Increment Financing District Board of Directors to fill an unexpired term Mayor Kelly read Resolution R-09-3108 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Tax Increment Financing District Board of Directors. Councilmember Taylor nominated Councilmember Carol Wollin. There were no other nominations. City of Colleyville Page 7 Printed on 7/1/2009 City Council City Council Minutes -Draft June 16, 2009 Councilmember Taylor moved to approve Resolution R-09-3108 appointing Councilmember Carol Wollin to the Tax Increment Financing District Board to an unexpired term of December 2010. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 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 Mayor Kelly asked if there is a motion to remove Ordinance 0-09-1716 from the table. There was no motion to remove Ordinance 0-09-1716 from the table and the item was passed over. 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 Mayor Kelly asked if there is a motion to remove Resolution R-09-3093 from the table. There was no motion to remove Resolution R-09-3093 from the table and the item was passed over. 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Threre was no one present wishing to speak concerning this item. 9. REPORTS: Library Board Meeting Minutes -May 11, 2009 Planning and Zoning Commission Minutes -May 11, 2009 There was no discussion of this item. City of Colleyville Page 8 Printed on 7/1/2009 City Council City Council Minutes -Draft June 16, 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 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Mayor Pro Tem Ayers moved to adjourn. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 8:14 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 9 Printed on 7/1/2009 4,` (r/ ~ City of Colleyville 100 Mlain Street Colleyville, Texas 76034 T°x~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Engineering Department File Type: Resolution Agenda Date: 07/07/2009 Agenda No.: 4b Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of an amendment to the Interlocal Agreement with the City of Euless, for the construction of the Heritage Avenue improvements, and authorize the City Manager to execute the agreement Attachments: Original Interlocal Agreement Amended Interlocal Agreement History of Legislative File Version: Date: Acting Body: Action Text: 07/07/2009 City Council Title Approval of an amendment to the Interlocal Agreement with the City of Euless, for the construction of the Heritage Avenue improvements, and authorize the City Manager to execute the agreement Explanation Reading and Public Hearing The City of Euless and a Developer, Glade 121, L.P., previously submitted a conceptual development plan to City staff that details proposed residential and retail development east of the existing alignment of Heritage Avenue and south of Glade Road. The proposed plan also included the desired construction of approximately 1,730 ft. of Heritage Avenue by this Developer within the City of Colleyville as a new two lane concrete street with adequate drainage facilities and a concrete trail on the east side. Heritage Avenue currently has a 50 ft. wide right-of-way and is situated completely within the limits of the City of Colleyville. The east side of the street is adjacent to the west boundary of the City of Euless. The existing asphalt pavement section is severely deteriorated and routinely requires extensive maintenance by staff to permit safe vehicle movement. A portion of the street is situated within the floodplain of Little Bear Creek and must be gated during high intensity rainfall events. The proposed first phase of development adjacent to Heritage Avenue by Glade 121, L.P. is located out of the floodplain and north of the creek. An Interlocal Agreement was approved by the City of Euless and the City of Colleyville in April 2008, which provided for the design and construction of the proposed Heritage Avenue improvements south of Glade Road. The new street would be constructed entirely within the existing 50 ft. wide dedicated right-of-way of Heritage Avenue within the City of Colleyville, and is intended to provide access to the Glade Park development in Euless at City of Colleyville Page 1 Printed on 7/1/2009 Agenda Briefing Continued three locations and future development of properties in Colleyville. The original Interlocal Agreement included a provision that the section of Heritage Avenue extending to the proposed Red River Drive in Euless (approximately 1,730 ft. from Glade Road) will be completed on or before the end of the second quarter of 2009. Due to changing economic conditions in this region, the Developer informed the City of Euless the date for completing construction of the proposed Heritage Avenue roadway improvements must be changed. As a result, staff worked with representatives of the City of Euless and the Developer to prepare an amendment to the Agreement, which includes the following: 1. Paragraph (6) of Section II. The section of Heritage Avenue extending to Red River Drive (approximately 1,730 ft. from Glade Road) will be completed by the Developer on or before August 31, 2010. 2. Paragraph (7) of Section II. Until development activity resumes by Glade 121, L.P. and Heritage Avenue is under construction, the City of Euless shall ensure that the Developer is responsible for all erosion and dust control within the development site and adjacent to Heritage Avenue and Little Bear Creek. The attached amendment to the original April 2008 Interlocal Agreement was approved by the Euless City Council in May 2009. Financial Impact It has been determined that there is no financial impact to the City of Colleyville as a result of the proposed roadway improvements. Recommendation Approval City of Colleyville Page 2 Printed on 7/1/2009 STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND THE CITY OF EULESS, TEXAS FOR THE CONSTRUCTION OF HERITAGE AVENUE IMPROVEMENTS BETWEEN CHEEK-SPARGER AND GLADE ROAD This Interlocal Agreement (the "Agreement") for the construction of paving, drainage, traffic signalization, street lighting and landscaping improvements on Heritage Avenue is made and entered into by and between the City of Colleyville, Texas, a municipal corporation located in Tarrant County, Texas ("Colleyville") and the City of Euless, Texas, a municipal corporation located in Tarrant County, Texas ("Euless") PREAMBLE WHEREAS Colleyville has an approved Master Thoroughfare Plan, in which is included a four (4) lane• undivided thoroughfare to be known as Heritage Avenue between Glade Road and Cheek-Sparger Road, which is located. within the boundaries of Colleyville; WHEREAS an agreement was made on December 21, 1927 between Tarrant County and certain residents of Tarrant County, establishing full rights to the permanent use of a fifty foot (50') strip of land as aright-of--way for the development of a roadway section; WHEREAS a roadway originally known as Cheek-Sparger Road was constructed in 1928 and has been in continuous operation as a thoroughfare since it was originally constructed and is known currently as Heritage Avenue (hereinafter the "Avenue"); INTERLOCAL AGREEMENT 1 02!12/08 WHEREAS Chapter 791, Texas Local Government Code, as amended (the "Act"), provides authorization for municipalities to contract with one another for the performance of governmental functions and services under terms of the Act; WHEREAS a Developer, Glade 121 L.P., has fled with Euless, respective applications for Platting and a Planned Development Zoning change for property abutting the east side of the Heritage Avenue right-of way that would enable construction of a mixed use commercial and residential development on 193.3 acres located in Euless (known as the Glade Parks Development); WHEREAS Colleyville and Euless have need, due in part to the imminent construction of the Glade Parks Development and the desire to establish connections for streets originating in the Glade Parks Development into Heritage Avenue, to construct road improvements to Heritage Avenue (hereinafter the "Project"), conforming to those particular construction and development standards set forth herein and existing requirements of the Colleyville and Euless; WHEREAS Euless shall cause financing to be provided by Glade 121, L.P. for the Project as provided herein; WHEREAS Colleyville and Euless have engaged in multiple meetings and discussions resulting in the resolution of alt construction and development matters upon the terms set forth herein, and the Parties now seek to memorialize all such agreements and resolutions in order to clarify the Parties' respective intentions, expectations and obligations concerning the Project. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufFciency of which are hereby acknowledged, Colleyville and Euless hereby contract, covenant, warrant and agree as follows: I. ADOPTION OF PREAMBLE All of the matters stated in the preamble of this Agreement are found to be true and correct are hereby incorporated into the body of the Agreement by reference as though fully set forth in their promises and agreements reached between the Parties, all of which are expressly set forth herein. INTERLOCAL AGREEMENT 02/1v08 II. OBLIGATIONS OF THE PARTIES: On behalf of Euless, Glade 121 L..P. will submit to Colleyville for review and approval, construction plans and specification submittals for the Heritage Avenue improvements. 2. The Heritage Avenue Improvements will include construction within the existing 50' right of way of a two (2) lane, reinforced concrete, 25' (twenty-five) back to back section, extending approximately one thousand seven hundred feet (1700') south from the existing concrete section of Heritage Avenue adjacent to the Heritage Town Crossing Center's Super Target, consistent with the cross section included in Exhibit A.. 3. As part of the Heritage Avenue Improvements, a five foot (5°) wide reinforced concrete sidewalk will be constructed on the east side of Heritage Avenue. Portions of this sidewalk are permitted to be located within the nine and one-half foot (9.5') parkway on the eastside of Heritage Avenue. Euless shall be perpetually responsible for the maintenance of said sidewalk. 4. The following streets located within the Glade Parks Development would make connections into Heritage Avenue as identified on the Glade Parks Final Plat, including: Brazos Blvd; Red River Drive; and Colorado Drive. Brazos Blvd. will be constructed with a divided approach within 60' of right of way and likely striped as a three (3) lane divided approach. Brazos Blvd. would be located approximately 1300' from Glade Road. Red River Drive and Colorado Drive will be constructed as a two (2) lane 31' back to back section within 50' of right of way. Red River Drive is located approximately 1730' from Glade Road. Colorado Drive is located approximately 2230' from Glade Road. 5. The Heritage Avenue Improvements shall be constructed, in accordance with the approved set of construction plans, on behalf of Euless by Glade 121 L.P. in conjunction with the construction of the Glade Parks Development in Euless. 6. The Heritage Avenue Improvements are planned to be completed on behalf of Euless by Glade 121 L.P. in conjunction with the construction of the Glade Parks Development in Euless. The section of Heritage Avenue extending to Red River Drive (approximately 1730' from Glade Road) will be completed on or before the end of the second quarter of 2009. The section of Heritage Avenue extending to Colorado Drive (approximately 2230' from Glade Road) will be completed as part of INTERLOCAL AGREEMENT 0?Jl2/08 the Townhome Phase II development, expected on or before the first quarter of 2012. 7. The construction contract shall require Performance, Payment, and Maintenance Bonds in the full amount of the contract cost issued to Colleyville. 8. Colleyville and Euless shall coordinate all construction inspection and construction management work. 9. Colleyville and Euless agree that the construction to be done within Colleyville shall be in accordance with Colleyville's Land Development Code including, but not necessarily limited to, providing proper barricades, traffic control during construction, detours, testing, dust control, project scheduling, and project clean up after the contractor is completed. INDEMNIFICATION AND HOLD HARMLESS 1. Colleyville and Euless will be responsible for acts of each respective City's employees. 2. To the extent allowed by law, Colleyville agrees to indemnify and hold Euless harmless from any claim by a third party for damages arising from or resulting from the construction or maintenance, in accordance with terms set forth in this agreement, of any portion of the Project lying in the City of Colleyville. 3. The provisions of this indemnification shall not apply to acts of gross negligence or willful misconduct by the indemnified party. 4. The provisions of the indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 5. Further, the indemnification and hold harmless contained herein shall not be deemed a waiver of any sovereign immunity allowed pursuant to Tex. Civ. Proc. And Rem. Code Section 101.001 et. Seq., or otherwise. INTERLOCAL AGREEMENT 02/12/08 ~~ ,~ AGREED and SIGNED as of this .~.: ~~d y of r=~~' ~ , 2008. ., City of Colleyville, Texas Its: Mayor City of Colleyville ATTEST , C' Se etary ' y of Ileyville (SEAL) APPROVED AS TO FORM: ~y` rC `~` City Attorney City of Colleyville City of Euless, Texas By. ~~ f; Its: Mayor City of Euless ATTEST: r 8ecreta City of Euless (SEAL) A AS O FO i. City Attorney City of Euless coiieyviile city C~~;.~r?c+j APR 0 1 2006 Approved ['YTERLOCAL AGREE1lENT 02/12/08 STATE OF TEXAS § COUNTY OF TARRANT § AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND THE CITY OF EULESS, TEXAS, FOR THE CONSTRUCTION OF HERITAGE AVENUE IMPROVEMENTS BETWEEN CHEEK-SPARGER AND GLADE ROAD. This Amendment to the Interlocal Agreement (the "Agreement") for the construction of paving, drainage, traffic signalization, street lighting and landscaping improvements on Heritage Avenue is made and entered into by and between the City of Colleyville, Texas, a municipal corporation located in Tarrant County, Texas, ("Colleyville") and the City of Euless, Texas, a municipal corporation located in Tarrant County, Texas, ("Euless"). PREAMBLE WHEREAS, Colleyville and Euless executed an Interlocal Agreement for Heritage Avenue improvements dated April 2, 2008; and WHEREAS, the "Agreement" Section II. OBLIGATIONS OF THE PARTIES, Paragraph (6), anticipated completion of the Heritage Avenue improvements by Glade 121, L.P. on or before the end of the second quarter of 2009; and WHEREAS, economic conditions have caused a delay in the private development associated with the Heritage Avenue improvements; and WHEREAS, the Heritage Avenue improvements will not be completed by the end of the second quarter of 2009; and WHEREAS, Colleyville and Euless mutually desire to amend Paragraph (6) and add Paragraph (7) of Section II, OBLIGATIONS OF THE PARTIES of the "Agreement" to establish an amended completion date for the Heritage Avenue improvements and address environmental needs within the Glade Parks Development. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, Colleyville and Euless hereby agree to amend the Interlocal Agreement between the City of Colleyville and the City of Euless dated April 2, 2008, as follows: Paragraph (6) of Section II. OBLIGATIONS OF THE PARTIES is hereby deleted and replaced by the following: 6. The Heritage Avenue improvements are planned to be completed on behalf of Euless by Glade 121, L.P. in conjunction with the construction of the Glade Parks Development in Euless. The section of Heritage Avenue extending to Red River Drive (approximately 1730 feet from Glade Road) will be completed on or before August 31, 2010. If Glade 121, L.P. initiates construction and has not completed all improvements to Heritage Avenue prior to August 31, 2010, Euless and Colleyville may agree to extended the time for completion by another amendment to the Interlocal Agreement dated April 2, 2008. 2. Paragraph (7) of Section II. OBLIGATIONS OF THE PARTIES is hereby included as follows: 7. Until such time as Glade 121, L.P. resumes development of Glade Parks Development in Euless and initiates construction of Heritage Avenue in Colleyville,. Euless shall, to the extent possible through enforcement of local ordinances or contracts, ensure that Glade 121, L.P. is responsible for all erosion and dust control within the development site and adjacent to Heritage Avenue and Little Bear Creek. 3. All other provisions of the Interlocal Agreement between the City of Colleyville and the City of Euless dated April 2, 2008, are not changed and remain in effect. EXECUTED this the day of , 2009. City of Colleyville, Texas By: Mayor City of Colleyville (Seal) ATTEST: City Secretary City of Colleyville APPROVED AS TO FORM: By: City Attorney City of Colleyville City of Euless, Texas sy: Mary Saleh Mayor City of Euless (Seal) ATTEST: Susan im, TRMC City_Secretary City of Euless APPROVED AS TO FORM: ay: ity Attorney City of Euless l%~ ' V/ • City Hall City of Colleyville 100 Main Street Colleyville, Texas 76034 r,~a~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Engineering Department Agenda Date: 07/07/2009 Agenda No.: 4c Controlling Body: City Council Final Action: File Name: Approval of a construction contract with JDC Construction, Co., for the 2009 Sidewalk Improvements, in an amount not to exceed $49,890.60, and authorize the City Manager to execute the contract Attachments: 2009 Sidewalk Improvements Bid Tab History of Legislative File Version: Date: Acting Body: Action Text: 07/07/2009 City Council Title Approval of a construction contract with JDC Construction, Co., for the 2009 Sidewalk Improvements, in an amount not to exceed $49,890.60, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing The Trails, Pathways and Sidewalks Five Year Capital Improvement Program (CIP) was authorized by City Council in January 2006 and provided an annual schedule for sidewalk funding and construction. Sidewalk improvements were designated in certain areas for each of the five consecutive years. On March 3, 2009, City Council approved a Colleyville Trails and Sidewalks Committee recommendation to modify the Fiscal Year 2009 list of sidewalk improvements. This revised list for FY 2009 includes the following locations: • Beverly Drive, from Leta Lane to Bransford Road (Base Bid) • Shelton Drive, across 804 Shelton Drive (Alternate 1) • Shelton Drive, from 800 Shelton Drive to Theresa Lane (Alternate 2) • Colleyville Terrace, from Pleasant Run Road to South Drive (Alternate 3) Eight bids were received by the Engineering Department on June 15, 2009 for the 2009 Sidewalk Improvements Project. JDC Construction Company submitted the low bid of $46,195.00, which consists of the Base Bid and Alternates 1 and 2. Staff recommends an 8% contingency of $3,695.60 for a total amount not to exceed $49,890.60. The proposed improvements on Colleyville Terrace (Alternate 3) would exceed the overall budget of $50,000 in FY 2009 and are not included in the recommendation. JDC Construction Company recently completed the new Senior Center Trail improvements. City of Colleyville Page 1 Printed on 7/1/2009 Agenda Briefing Continued Financial Impact It has been determined that funding is available in the Engineering operating budget for sidewalk construction, in the amount of $50,000. Recommendation Approval City of Colleyville Page 2 Printed on 7/1/2009 M~ 0 0 0 0 0 0 0 y N O to O O O ~~ ~I~ONOI~tnc'MN Crr(p0pN0(0O L CO M ~ ~' M ~ ~A O ~ M M (D E N O M to r r r r r r r r Q d4 d4 d4 H4 d4 lfl EA 64 N O O O O O O O O d~ O~ O~ 0 0 0 ~ O ~ A N O r~ 1~ 0 = f~ OO OO O r 00 f~ 00 ~I~-nOrMf~Mr M O O ~ r I~ O 00 }/ v N r N N N r r N a~,~~~~~~~ ~O L a ~ ~oa°o~ooo ~~a~oMO~~ 3 C M O r 0 ~~ r~ ~~d'NMrCp0pO a ~+ M M~ M M N N~ ~ Q ER EA ER EA d4 EA ER EA ''^^ V/ 0 L r N ~ ~ m 00000000 'a~nooooo00 m (O O H O ~ O r In ~ r O N (O ~ I~ (D M ; NtptnMOO~~~ l01~MI~N~~~O m ~ ~ ~ GO9 ~ ~ ~ ~ U 0 ~_ U 0 U U C ~ O U Y ~ C 3 L O Q Q ~ U O C7 c o ~ ~ U J o ~, °~ ° o a ~ a~~• ~ a C ~j -d U U y f0 ~ ~ C c ~ N C O tUp ~ N V O u c 0 O ~ N V ~ f0 ` O = O ~ ui ~ aU ~ o ~C9::Q ~° EUr. o C>UUW W 2~~~ ,:~ ~ s„ City of Colleyville 100 Main Street Colleyville, Texas 76034 T,x~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 07/07/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 4d Final Action: Manager File Name: Approval of the IESI TX Corporation CPI, fuel rate and supplemental rate adjustment of $0.45, establishing the effective date of the adjustment to be September 1, 2009 through August 31, 2010 Attachments: IESI TX Corporation Correspondence Dated May 26, 2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 07/07/2009 City Council Title Approval of the IESI TX Corporation CPI, fuel rate and supplemental rate adjustment of $0.45, establishing the effective date of the adjustment to be September 1, 2009 through August 31, 2010 Explanation Reading and Public Hearing At the June 16, 2009 Pre Council meeting, representatives of IESI TX, the City's solid waste franchisee, met with City Council to discuss their request fora 4.19% ($0.45) rate increase. On May 26, 2009, IESI filed a letter and supporting documents requesting consideration of the 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. City of Colleyville Page 1 Printed on 6/30/2009 Agenda Briefing Continued 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 trash and once per week recycling collection: 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 If the adjustment is approved it would become effective September 1, 2009. Trash and recycle collection is billed on residents' monthly utility bill, and if the increase is approved, residents will be billed the adjusted rate beginning with the September 30 statements. Residents would be advised of the increase through the City web site, The Communicator and on the utility bill. Financial Impact It has been determined that if approved, the monthly billing rate to residents will be adjusted from $10.69 per month to $11.14 per month effective September 1, 2009. Recommendation Approval City of Colleyville Page 2 Printed on 7/2/2009 IESI TX Corporation May 26, 2009 Ms. Jennifer Fadden City Manager City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: Garbage Collection Rates Dear Ms. Fadden: IESI appreciates the opportunity to provide trash and recycling services to the residents and businesses of Colleyville. I am writing this letter to request staff and council approval of the annual rate adjustment as outlined in our contract. IESI is requesting a 4.19% increase which equals a ($.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, Nor-n 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 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 -0.25% 2.02% $10.69 $11.14 .I. w ~ ~ Bureau of Labor Statistics Data Page 1 of 2 I dR .. www.bis.govSearch: All BLS.gov J for: '~>~g+Y~h ~ ' BUREAU OF LABOR STATISTICS "Re ease Calendars' Home Subject Areas Databases 8~ Tables Publications Economic Releases A - z Index I About BLS Databases, Tables & Calculators by Subject ~ F°"T S!ZE: ~_' `+~ Change Output From: 1999 ~ To: 2009 Options: r include graphs New! More Formatting O tp ions~•-- Data extracted on: May 12, 2009 (9:33:36 AM) Consumer Price Index -All Urban Consumers Series Id: CUURA316SAOLE,CUUSA316SAOLE Not Seasonally Adjusted Area: Dallas-Fort Worth, TX Item: All items less energy Bas® Period: 1982-84=100 Year Tan Feb Mar :Apr May .jun. )ul ..Aug Sep Oct': Nov Dec Annual 1999 163.8 165.7 165.8 165.9 167.3 168.2 166.3 2000.168.5 170.5 170.7 172.0 173.0 173.6 171.6 2001 174.2 175.5 175.1 176.5 178.6 178.8 176.6 2002 179.0 180.5 180.5 180.1 180.3 181.2 180.4 2003 181.3 182.7 183.3 182.2 182.3 182.3 182.4 2004 181.7 183.9 183.8 182.9 183.2 183.4 183.2 2005 184.3 185.4 186.1 185.3 186.9 187.2 186.0 2006 188.1 188.8 189.5 189.2 191.6 190.2 189.7 2007190.467 190.649. 191.203 192.276 193.839- 195.264. 192.51E 2008.196.042 196.420 197.333 198.825 200.473 201.715 19$.72: 2009 202.159 203.731': http://data.bls.gov/PDQ/servlet/Survey0utputServletzjsessionid=f0304d6fa072$2B$3FU$ 5/12/2009 'back to Contents Soun;ekey DDR004 Gulf Coast No 2 Dlesei Retall Seles 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, 2006 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°h 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% w YVAfT~ MIANAOEM6NT WASTE MANA~3EMENT 800 Gcssner. Suits t 100 ilcwhion,'PX 77024 (?13)647-5410 (11 ~) 647-5460 I4tx 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. 't'he 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. ~btil~g 2~iompson Manager, Third Party Landfill Revenue/Texas Front everpdnr cotlec-1on ~o envlronnrentut prulectiart, Think Green. Think ~1'uste rNnnnk~emenl. 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 6y City are strictly estimates. In evaluating and determining the base value of the Contract, Cortaractor 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, wilt 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 far Billing Rate Adjustment: Billing rate adjustments for changes in the (i} Consumer Price Index for Atl 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 approVaf from the City for such- billing rate adjustment, which approval shall 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 {ndex (the "CPI"} between the published final June CPI index ~of the then current year and the published final June CPI index of the immediately preceding year (the "CPi Component"). In 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 diese! 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 ("EIA/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 EIA/DOE 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 Base°). 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 6y 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 to Contractor of any capital and/or operating expenditures including taxes, fees and surcharges required or imposed safety by federal ar state law, 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 mare then once per year following the comple#ion 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-fve (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, shalt not be unreasonably withheld. However, the decisian 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 Cify 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 M O 6F} N N f~ ~ C ~ O O N ~ - O 64 O 64 M O O r O O O ~' o O p O~ N ~ ~ W N ~ N ~ ~ N ~ N ~ O ~ ~ ~ N o ~ ~ N W ~ ~ V ~ ~ ~ C O C ' O _Q ~ '~ '- V OO ~O ~O V O O O O p ? _ O O O ~ X 0 ~ 0 ~ N ~ _ ~ O .~ ~- Z a ~ ~ O N N N ~ ~ U C V C V _ Q _ Q Q Q _ - Q ~ 0 7 ~ ~ Ll.l W F- ~ ~ N ~ r t0 ~ ap ~ M N 01 O ~ W M O ~ O ~ O O 6F? 6F} 6F} (A _ 69 _ Ef3 Ef} _ Efl H ~ ~ ~ M ~ ~' '~T' ~ ~ ~ M ~ M ~~~ O O O O O O O O O O O O O O O p ~~ ~ i _~ ~ ~ c M 0 O 0 0 ~ 0 ~ \° ° o + C~ > M N M r O r- ~ ,~ O F °-' o 0 0 ~ d V ~ M N f ~ r N M M o + + C) ~ ~ M O ~ ~ d M ~ (+7 r' ~ M M ~ ~ O '~ r' ~ O ~ M • (,~ ~ M (fl r ~- r ~ ~ i i d~~ V N= ~ O ~ ~ M O O ~ ~ O ~ ti M O V M v H N G7 N C C ~ M ~ N M ~ C N ~ M ._ ~ D CQ O M '~t r N ' M M O d M M M ~ ~ ~ Y ~ a N > ~ _ ~ a o a i ~ _ ~ a~ V m W C~ 2 Y Z o N U 0 FINAL Municipal Recycling Summary Table 4-103 Residential Recycling and Disposal Per Household (in Lbs/HH) City Recycling Disposal I City Recycling Disposal Hadison 353 1,552 Allen 971 2 287 Arlington 525 2 695 Azle 225 2,697 Balch Springs - 3 401 1~~~g ~, ~ ~~ 2'~ Benbrook 469 2,491 Burleson 1,144 3,331 Carrollton 303 2,803 Cedar Hill 304 3,206 Cleburne 489 2,039 `_.~ ~~` -= 3,314. .:::. Commerce - 2,524 Coppell 509 3,195 Corinth 210 3,141 Corsicana 7 2,870 Crowley 542 3,935 Dallas 336 4,299 Denton 984 2,135 Desoto 300 2,734 Duncanville 446 3,022 Ennis - >,_ 3,206 _ .n . ~ 143 2,378 , Farmers Branch 52 4,271 Flower Mound 354 3,390 Forest Hill - 3,293 Forney 304 2,120 Fort Worth 616 2,418 Frisco 843 2,351 Garland 1,430 3,184 Glenn Heights - 3 358 Grand Prairie 400 3,090 >' ~ : `:: ....428 2,881....:: Greenville - 2,794 Haltom City - 2 816 i vzio~ Highland Park 1,981 5,630 Highland Village 1,093 3,049 ~;. ,_~ _ _, ~332~- - 2;7.3 ~_ Irving 462 3,239 ;, _ . ..:....... 32b` , _ 3358 Lancaster Lewisville Little Elm Mansfield McKinney Mesquite ;Midlothian Mineral Wells Murphy Plano Richardson Richland Hills River Oaks Rockwall Rowlett Sachse Saginaw Seagoville Stephenville Terrell The Colony Trophy Club University Park Watauga Waxahachie Weatherford White Settlement Wylie - 2,989 284 2,827 703 3,314 350 3,358 275 3,130 1,530 2,594 133 2,092 - 2,762 349 3,088 CsM`- ~t)2 _ _2,881 1,130 2,080 238 3,185 246 2,654 - 2,773 286 2,924 146 2,733 248 3,282 196 3,173 87 3,345 - 3,650 - 2,437 - 3,011 383 2,991 - 3,109 1,001 4,048 - 3,303 - 2,957 - 2,664 - 2,762 166 2.578 R. W. Beck 4-61 Section 3 FINAL Table 3-5 Residential Disposa l Data Extrapolation City Single Family Extrapolated City Single Family Extrapolated Residents Disposal (tons) Residents Disposal (tons) Azle 9,077 4,916 Lancaster 25,625 13,877 Balch Springs 15,541 8,416 Little Elm 11,221 6,077 Bedford 31,647 17,139 Mansfield 34,330 18,592 Benbrook 17,318 9,379 McKinney 77,168 41,791 Cedar Hill 38,089 20,627 Mineral Wells 14,043 7,605 North Richland Colleyville 22,170 12,006 Hills 47,914 25,948 Commerce 5,948 3,221 Richland Hills 6,904 3,739 Coppell 31,737 17,187 River Oaks 6,606 3,577 Corinth 17,548 9,503 Rockwall 24,892 13,480 Corsicana 21,962 11,893 Sachse 16,584 8,981 Duncanville 30,616 16,580 Saginaw 16,515 8,944 Ennis 16,899 9,152 Southlake 23,806 12,892 Flower Mound 60,096 32,545 Stephenville 11,977 6,486 Forest Hill 12,857 6,963 Terrell 15,104 8,179 Garland 172,428 93,379 Trophy Club 6,791 3,678 Glenn Heights 6,508 3,525 Watauga 23,313 12,625 Grapevine 34,266 18,557 Waxahachie 20,465 11,083 Greenville 19,510 10,566 Weatherford 20,610 11,162 White Haltom City 28,152 15,246 Settlement 13,124 7,107 Hurst 29,159 15,791 Wylie 20,720 11,221 Unincorporated Keller 35,028 18,969 Areas Itl 730,828 395,782 Total Extrapolated Disposal 988,386 111 R. W. Beck assumed that all 730,828 residents of the unincorporated areas can be classified as single family residents. R. W. Beck summed the total reported disposal and the total extrapolated disposal to develop its estimate for total residential disposal in the region. R. W. Beck estimated that total residential disposal for the survey time period is 2,477,659 tons.t R. W. Beck used this estimate to calculate the regional residential recycling rate. ' Keported disposal of 1,489,273 tons + extrapolated disposal of 988,386 tons = 2,477,659 tons. 3-6 R. W. Beck ,,,,;o, Date: _ ~ /7 l ~I 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: C'7 -v ~ - l7 Name: _ ~~~ 1 ~4V'[J Address: ~~ P~~,,~2~c1.~ 6.E4u Ci ,c,~:~'~ ., /S~r~ . ,.~c- City: ct~l.(ti9~ State: ~ ~ Zip Code: 760 ~ Z Telephone Number: ~ /? ~,/~~ Re resentin >~ ~ (organization/self) I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Tex s Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: ~ ~ A formation is a Public Record. '`°-r ~~ ~` ~ City Of CO~~eyvi~~e City Hall 100 Main Street Colleyville, Texas 76034 ~~~''°A ~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1720 File Number: 0-09-1720 File Type: Ordinance Status: Second Reading Version: 1 Agenda Date: 07/07/2009 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 1 07/07/2009 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 Second Reading and Public Hearing There were no speakers at the June 16, 2009 meeting regarding this request. 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 City of Colleyvil/e Page 1 Printed on 6/30/2009 Agenda Briefrna Continued (0-09-1720) 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. " 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. City of Col/eyville Page 2 Printed on 6/30/2009 Agenda Briefin_a Continued (0-09-1720) 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. 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 6/30/2009 Location and Zoning Map 6502 6503 6500 6501 R40 1100 1.102 1104 Subject Property 1106 1101 R40 1105 .1103 6301 AG 6450 6400 AG 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 Mulcahy, 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. Signature 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 between 12 and In Compliance 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 pe~IRry~~-R Na, 123006 pew 3 209 14 See-no/7 ~~2-we. ` \i p~ J ,~.:•.,~ 1104 EMERALD COURT ~ (s9' ao.w.) TLDdSCB~St'i~L' Lot_te, afoot 2. 7awaR setatee. m mutton w the ab of Co-IpvNe. Teerant County, fau, enoordine to the plat noordad fa Volume eee-170. Page 76, PLC Feoorde, 7arrent onnt7, few. tmtlTr tEOEAD OAS 11[lUh G1e1L eoY: Da' cDa' c r~~rriia'Arr Te. endr+ell.s e.arw.+ rroA.Molld tab A...w...Nnw Nldl ei pa1 N wnr aM Mn u.oak wl }xMl 10.. KD: OU:C. ~, m 11010011 OA a IIW f00100MM~011 Ot 1NL ~OYM d eM eI1M M OOIYd 011-M~.~1~1A OOIYOn WIMP NO OOMWIOe er tl10 WrMK. ar adlr ee eywN~la1; aN mleunwlN' dlorn Iwwn WM ~Id fiw Msserl. Mn. ad MW d na1wW an nLG 1MMi wA7Ee w~LVL• ..n.oxr 11w•n; tl10 MaeMn of r.nn. are v rwvl 1lrean, ~ S ~ $ Y ,~ OF ~, F ft ,~P ~1>tre~ h •~ ~ ~~S o /r (y~~/t~ , \J eaecRr w. eevAH. e.rts a DowoT w+D suRVeroRS, IHC. l °. ~ e ~ ~ ~ ~ oe- , 6eS0 MANHATTAN 91Y0. SUITE 310 N~ '~ ~ FORT WORTH. TEXAS 1et20 SUR`D' (117) 429-9e9e .21X31 bu~ld,~) CA+p~-~ Photos Provided By Applicant 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. i. The carport shall meet all regulations of the Land Development Code, except where amended herein. Ordinance 0-09-1720 Page 3 of 3 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" 6502. 6503 6500 6501. R40 1100 1102 AG 110 Subject Property 1106 646a 1101 R4Cf 1105 1103 6301 6400 AG Site Plan -Exhibit "B" ~~ -, ~.,,,,. ~ ~ cap EA~~ER~AI~Dy c~u~~ 't~ Photos Provided By Applicant [4~ ' nl Cit of Colle ville ~ Y Y '""'" Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com File Number: 0-09-1721 File Number: 0-09-1721 File Type: Ordinance Status: Second Reading Version: 1 Agenda Date: 07/07/2009 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 1 07/07/2009 City Council Title Adopting the annual budget for Fiscal Year 2010 (FY 2010) of the Colleyville Crime Control and Prevention District (CCCPD) Explanation Second Reading and Public Hearing There were no speakers at the June 16, 2009 meeting regarding this request. 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 City of Colleyville Page 1 Printed on 7/2/2009 Agenda Briefi_ n~ntinued (0-09-1721) 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 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 6/26/2009 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 PROJECTED $918,352 $1,025,000 $8,000 $296,529 $1,329,529 PROPOSED 2010 $822,911 $1,025,000 $7,500 $294,225 $1,326,725 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 (1l3) 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 $1,850 $4,980 $45,000 $291,955 $38,765 $136, 900 $17,470 $30,000 $0 $9, 500 $1,350 $10,500 $2,350 $1,900 $4,200 $14,000 $0 $0 $502,721 $1,850 $0 $45,000 $311,343 $38,765 $134,750 $0 $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 Revenues Expenditures Ending Fund Balance at September 30, 2010 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2009. The second reading and public hearing being conducted on the 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary $ 822,911 $1,326,725 $1,127,460 $ 727,951 CITY OF COLLEYVILLE: David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: day of day of Matthew C.G. Boyle City Attorney ~.1 ' ..N City of Colleyville 100 Mtain Street Colleyville, Texas 76034 r.x~° Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1722 File Number: 0-09-1722 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 07/07/2009 Controlling Body: City Council Requester: Police Department Agenda No.: 6a Final Action: File Name: Approval of replacing Ordinance 0-07-1629 establishing school safety zones within the City of Colleyville Attachments: Ordinance 0-07-1629.pdf Ordinance 0-09-1722.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/07/2009 City Council Title Approval of replacing Ordinance 0-07-1629 establishing school safety zones within the City of Colleyville Explanation First Reading and Public Hearing Ordinance 0-07-1629 establishing school safety zones and school zone speed limits within the City was approved by City Council on August 21, 2007. State law requires ordinances to contain accurate distance measures of school safety zones and speed limits. The proposed ordinance will replace Ordinance 0-07-1629, specifically changing the portion of street measurements in Exhibit 1. The portion of street descriptions in Exhibit 1 reflects changes (relocation of warning lights and signage) which have occurred in some school safety zones due to construction on private property since August 2007. There were no costs incurred by the City, as all measurements were taken and recorded by staff. Additionally, beginning with the Fall 2009 school year, the Grapevine-Colleyville Independent School District will alter school operational hours to stagger students' arrival and release times in an effort to reduce traffic congestion around the schools. It will be necessary to schedule and compensate crossing guards for the additional school zone operational hours. It is anticipated additional budgetary funding of $5,340 will be necessary and has been proposed in the Fiscal Year 2010 Police Department Budget. Financial Impact It has been determined that there is no financial impact to the City for approval of the proposed ordinance. Funding of $5,340 has been proposed in the FY 2010 budget to compensate crossing guards for extended school zone hours of operation. City of Colleyville Page 1 Printed on 7/2/2009 Agenda_Briefing Continued (0-09-1722) Recommendation Approval City of Co/leyvil/e Page 2 Printed on 7/2/2009 i~ ORDINANCE 0-07-1629 AN ORDINANCE REPLACING ORDINANCE 0-05-1539, CHAPTER 94, TRAFFIC AND VEHICLES, MAXIMUM PRIMA FACIE SPEED LIMIT AND SCHOOL SAFETY ZONES WHEREAS, the City Council deems it necessary for the health, safety and protection of school children and the public in general to establish the maximum prima facie speed limit and the modified school safety zones within the City; and WHEREAS, the City has conducted an engineering and traffic investigation and study to determine the proper prima facie speed limits for vehicles in compliance with State law; and WHEREAS, all statutory and legal prerequisites for the passage of this ordinance have been met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all 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 City Code, Chapter 94, Traffic and Vehicles, Section 94-48, Speed Limits -Generally, be amended as follows (a) When posted and un posted. It shall be unlawful for any person to run, drive, direct or permit the running or driving of any motor-driven vehicle in, upon, along or across any public highway, street, alley or thoroughfare in the business, commercial, or residential districts within the corporate limits of the City at a greater rate of speed than 30 miles per hour unless otherwise posted. It shall be unlawful for. any person to run, drive or permit the running or driving of any vehicles on roads, streets and highways designated as school' safety zone at a speed greater than specified in section 94-49 on designated streets. (b) Emergency vehicles. The provisions of subsection (a) of this section shall not apply to emergency vehicles when responding to emergency calls. Ordinance 0-07-1629 Page 2 of 2 (c) When police officer directs. Nothing in this section shall be construed as prohibiting the driver of a motor vehicle from obeying the instructions of any police officer directing traffic, or any sign, signal, or device directing the movement of traffic. Sec. 3. THAT City Code Chapter 94, Traffic and Vehicles, Section 94-49. Same on Specific Streets, be amended as follows: Upon the basis of an engineering and traffic investigation, the following prima facie speed limits for vehicles are hereby determined and declared for vehicles traveling upon the named streets and highways, or parts thereof. The location of such school zones hereby established in Exhibit "1 ". Sec. 4. THAT this Ordinance shall become effective from and after its passage as provided by law. AND IT IS SO ORDERED. ~ The first reading and public hearing being conducted on the ~ day of ~~.r...o~' 2007. The second reading and public hearing being conducted on the c~ `~ day of ~~ ~- 2007. I ATTEST: ~`~ Cynthia Singleton, TRMC,CMC City Secretary APPROVED AS TO FORM AND LEGALITY: ~ ~. ~~ CITY OF COLLEYVILLE !,~~~.-~ c_..~~,~~~ / David Kelly C-~" Mayor Matthew C.G. Boyle City Attorney Exhibit 1 School Safety Zones will be marked by signs erected on specific roads, streets and highways, during the school season and between the hours designated on such signs, or when indicated by flashing lights and a sign stating when flashing, Street by Block Portion of Street Speed in Miles Number Per Hour Glade Rd. 263 feet West and 783 feet East from the centerline of the crosswalk 20 400 -.700 located in the 400 block. Bransford Rd. 260 feet North and 840 feet South from the center line of the crosswalk 20 4700 --4900 locatcd in the 4700 block. Center Park 867 feet East from the centerline of the crosswalk located in the 500 20 500 block. Cheeksparger Rd. 745 feet West and 798 feet East from the centerline of the crosswalk 20 600 - 900 located in the 500 block. Bogart St. 1,472 feet West and 461 feet East from the centerline of the crosswalk 20 900 - 1000 located in the 1000 bock. Colleyville Blvd. 1160 feet North and 388 feet South from the centerline of the crosswalk 35 4800 -.6000 located in the 4800 block. Hall Johnson Rd. 533 feet East from the centerline of the crosswalk located in the 1200 20 1200 block. Heritage St. 150 feet North and 949 feet South from the centerline of the crosswalk 20 5200 located in the 5200 block. Pool Rd. 650 feet North and 583 feet South from the centerline of the crosswalk 20 5100 -.5400 located in the 5200 block. Glenhope St. 556 feet East from the centerline of the crosswalk located in the 6500 ZO 6400 block. Glenhope St. 352 feet South from the centerline of the crosswalk located in the 6500 20 6500 block. Glenhope St. 541 feet East from the centerline of the crosswalk located in the 6600 20 6600 block. McDonwell School Rd. I80 feet West of the western property line and 260 East of the eastern 20 1100 - 1000 property line located in the 1100 block. Pleasant Run Rd. 200 feet South from the centerline of the crosswalk located in the 5700 20 5600 - 6100 block, and 200 feet North from the centerline of the crosswalk located in the 6000 block. ORDINANCE 0-09-1722 AN ORDINANCE REPLACING ORDINANCE 0-07-1629, CHAPTER 94, TRAFFIC AND VEHICLES, MAXIMUM PRIMA FACIE SPEED LIMIT AND SCHOOL SAFETY ZONES WHEREAS, the City Council deems it necessary for the health, safety and protection of school children and the public in general to establish the maximum prima facie speed limit and the modified school safety zones within the City; and WHEREAS, the City has conducted an engineering and traffic investigation and study to determine the proper prima facie speed limits for vehicles in compliance with State law; and WHEREAS, all statutory and legal prerequisites for the passage of this ordinance have been met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all 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 City Code, Chapter 94, Traffic and Vehicles, Section 94-48, Speed Limits -Generally, be amended as follows (a) When posted and un-posted. It shall be unlawful for any person to run, drive, director permit the running or driving of any motor-driven vehicle in, upon, along or across any public highway, street, alley or thoroughfare in the business, commercial, or residential districts within the corporate limits of the City at a greater rate of speed than 30 miles per hour unless otherwise posted. It shall be unlawful for any person to run, drive or permit the running or driving of any vehicles on roads, streets and highways designated as school safety zone at a speed greater than specified in section 94-49 on designated streets. (b) Emergency vehicles. The provisions of subsection (a) of this section shall not apply to emergency vehicles when responding to emergency calls. Ordinance 0-09-1722 Page 2 of 2 (c) When police officer directs. Nothing in this section shall be construed as prohibiting the driver of a motor vehicle from obeying the instructions of any police officer directing traffic, or any sign, signal, or device directing the movement of traffic. Sec. 3. THAT City Code Chapter 94, Traffic and Vehicles, Section 94-49. Same on Specific Streets, be amended as follows: Upon the basis of an engineering and traffic investigation, the following prima facie speed limits for vehicles are hereby determined and declared for vehicles traveling upon the named streets and highways, or parts thereof. The location of such school zones hereby established in Exhibit "1". Sec. 4. THAT this Ordinance shall become effective from and after its passage as provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2009. The second reading and public hearing being conducted on the 2009. ATTEST: Cynthia Singleton, TRMC,CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C.G. Boyle City Attorney Exhibit 1 School Safety Zones will be marked by signs erected on specific roads, streets and highways, during the school season and between the hours designated on such signs, or when indicated by flashing lights and a sign stating when flashing. Street by Block Portion of Street Maximum Number Speed in Miles Per Hour Glade Road 307 feet West of the western property line and 161 2~ 400 -700 feet East of the eastern property line of the school located at 601 Glade Road Bransford Road 326 feet North of the intersection of Glade Road and ~ O 4700 - 4900 221 feet South of the intersection of Center Park Center Park 104 feet Southeast of the property line of the school 20 500 located at 601 Glade Road Cheek Sparger Road 60 feet West of the western property line and 85 feet 20 600 - 900 East of the eastern property line of the school located at 715 Cheek S ar er Road Bogart Drive Entire length of Bogart Drive from Pleasant Run 2~ 900 - 1200 Road to Hall Johnson Road and from Hall Johnson Road to the cul-de-sac Colleyville Boulevard 656 feet South of the southern property line and 345 35 4800 - 6000 feet North of the northern property line of the school located at 5800 Colle ville Boulevard Hall Johnson Road Hall Johnson Road from Colleyville Boulevard to ~ O 1200 Bo art Drive Heritage Avenue At the southern property line of the school located at 20 5300 - 5400 5401 Herita a Avenue North to the cit limit. Pool Road 318 feet North of the northern property line and 240 2~ 5200 - 5400 feet South of the southern property line of the school located at 5300 Pool Road Glenhope Circle North Entire length of Glenhope Circle North from Pool 20 6600 Road to Glenhope Circle Glenhope Circle South Entire length of Glenhope Circle South from Pool 2~ 6500 Road to Glenho a Circle Glenhope Circle Parallel to the property of the school located at 6600 2~ 6600 Glenhope Circle From Glenhope Circle North to Glenho a Circle South McDonwell School Road 180 feet West of the western property line and 260 2~ West feet East of the eastern property line of the school 1000 -1100 located at 1101 McDonwell School Road West Pleasant Run Road 472 feet South of the southern property line and 291 2~ 5600 - 6100 feet North of the northern property line of the school located at 5911 Pleasant Run Road Date: r D` 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: X76 Ordinance/Resolution Number~~.~//~ Name: ~. ~1/1~~~ ~Uy3//3 Address:'~`J~~ ~~~~~ City; ~~~ ~/' ~ State• Zip Code: ~~~ Telephone Numbei~r' 7.J /~ ~~~ Representing~7/~/~~~ ~ L (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 Ope Meetin~Law, Chajter~551 of the Texas Local Government Code. 9 This informatior~s a Public Record. _, Date: r ~ ~~ ~~ 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: ~ to Ordinance/Resolution Number: 120 Name: 1~ i Lk.- ~ ~ ~~ c ~ ~ Lt3 Address: ~vtd~ ~vti ~Cl.y~2 City: ~u~,~2~v~~~~ Stag:'" Zip Code: ~coU~~~ Telephone Number: ~?~~1-,3c~l-S 1,02.1- Representing: S~~ (organization/self) 1 understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Tezas Open Meetings Law, Chapte- 551 of the Texas Local Government Code. Sianed: ~-~-~ ~~~ (~ ~-l~.u~~,V~~~ This ir~'ormation is a Public Record. Date: ~) J~ ^~~ SPEAKER CARD I will speak In Support of this item. ~~ I will speak In Opposition to this item. I do not wish to speak, but please records my: o support ^opposition Agenda Item Number: I ~ Ordinance/Resolution Number: ~ ~~ 1 ~ ~ «~ Name: ~~i,~~~ ~.~~ IZ-v q ~ it 3 Address: ~~ 7~~ F~~ ~~~~- City: ~~ u1,~z~~ v~~l~ State: ~_Zip Code: ~U!(13y ^~ S.el F- Telephone Number: Qt"7~~~q-1-k.~to Representing: (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. `~ Signed: ~~-,~~U~rw(~ Y~Jk' ~ l' This information is a Public Record. " ~~ City Hall ~';'` -_~ n~~ City of Colleyville 100 Main Street ~~-A _ Colleyville, Texas 76034 ~~~°~~f Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3112 File Number: R-09-3112 Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 07/07/2009 Agenda No.: 7a Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of an appeal regarding the denial of a sidewalk escrow refund on Lot 1, Block 1, of the Braemar Addition, located at 5008 Fry Lane, Case GC09-008 Attachments: Location Map Applicant's Request Colleyville Sidewalk Escrow District Neighborhoods - 2009 Portion of the Supplemental Sidewalk Map Resolution R-09-3112 History of Legislative File Version: Date: Acting Body: Action Text: 07/07/2009 City Council Title Consideration of an appeal regarding the denial of a sidewalk escrow refund on Lot 1, Block 1, of the Braemar Addition, located at 5008 Fry Lane, Case GC09-008 Explanation Reading and Public Hearing Rhonda Berry, applicant and property owner, is requesting an appeal regarding the denial to have the sidewalk escrow refunded. Per the requirements of Ordinance 0-09-1712, the objection to the ordinance received regarding a refund for the sidewalk escrow for the property referenced above was not approved. The decision was made by City staff pursuant to Section 9.12(F) 9 ii, of the Colleyville Land Development Code, which states the following regarding rights relative to the escrowed funds: "ii. If an objection is filed pursuant to the previous subsection, the Director of Community Development shall decide, within thirty (30) days, if the circumstances involving the particular lot and surrounding Sidewalk District reasonably require a return of the escrowed funds. The owner of the lot may appeal the decision of the Director of Community Development by filing a written objection, explaining the owner's argument and requesting for a hearing before the City Council, with the City Secretary not later than ten (10) days after the Director of Community Development's decision. After hearing the lot owner's objections, City Council may either refund the escrowed money or' deny the refund and order the funds to be used for future sidewalk construction on that lot or in that sidewalk district. " City of Colleyville Page 1 Printed on 6/30/2009 Agenda Briefing Continued (R-09-3112) The determination made by City staff was based strictly upon the recommendations of the Supplemental Sidewalk System Map. For example, if the map recommends that no sidewalk be built along a street, it was determined that the property owner of the parcel along said street be issued a refund of existing escrowed sidewalk funds. However, if the map recommends the option of escrow payment in lieu of construction or that a new sidewalk must be built, it was determined that any existing sidewalk escrows should remain in place to be utilized for future sidewalk construction within the neighborhood district. District Neighborhood. If City Council denies the refund, the escrow will be available for any future sidewalks or trails located within District Neighborhood Number 5. Financial Impact It has been determined that the financial impact would be a refund of $1,760.00. Recommendation Staff recommends that any existing sidewalk escrows should remain in place to be utilized for future sidewalk construction with the neighborhood district according to the Supplemental Sidewalk System Map. City of Col/eyville Page 2 Printed on X30/2009 Location Map 5 Site ~~ ~~ S~t~ v,C~Q`~ ~.ir~.~ ~, ~~ [~~ ~~~~ 1• 4921 ~~~i S~~Q 4917 ~#9J 491 4913 491' 4918 "~ ' `+ ~49~7~+ ~ s 19 4'~fl£ ~~~~~ 49G`~ 4904 ~1~3 2.1~ 394 ~`~ 4~1~ 1 49t}a ~~~ ~~~ 212 ''~?~ 118 112 1~ III ~~ 1{3~ 11~ 114 11~ 1?2 June 1, 2009 a~~~ ~~ sul~ _ Ztlll~s ITY SECRETARY'S FFI E City of Colleyville Ron Ruthven Interim Community Development Director 140 Main Street Colleyville, TX 76034 Dear Mr. Ruthven: I would like to request an appeal to the City Council for the sidewalk escrow funds for my personal property located at 5008 Fry Lane in the amount of $1,760. In December of 2007, you escrowed money for sidewalks on my property located on Fry Lane. As stated previously, Fry Lane is a private asphalt road with a "No Trespassing" sign. Fry Lane is a unique situatre~n in that an 8 foot wood privacy fence for the Rockrimmon subdivision sides the entire one side the road and above ground utilities front the other side -leaving no room for sidewalks. Sidewalks do not benefit the community because they lead to no where. I do not want my escrowed money used on other sidewalks within the community. Therefore, I am requesting a refund of these funds. T nk you, Joel and Rhonda Berry 817-899-4006 W z 3 .. /~ Q m V/ x a F O 0 O N ~ ~ ~ p ~ ;p O ~ m ~ .~ O Z ~ >.~. ~ -c3 .~ © M z ~ U ~ L .}'.^.+ ~ ~ V! ~^^++ .~ W ~' z N ~ ~ O ~ ~ Q` W ' cfl -a L . o ~ ~ o .~~ ~ ~ o ~ M~ :' ~ ,:... N o ~ Z~ ~_ .~ ~ (~ N z z •~ N O U Portion of the Supplemental Sidewalk Map ~- ~. ~ ~ z `.~ .~.... _. t i ~ ~ `' Site ~ ~ -- ,, -.~ ~o _..~_ -.~ ._~ ~~ - _ ~ : ~_ ~ ~ r' o x a m __ - -- e_~. _. ~~ a ~. :_~ .. -~~ ~ ~ ~ ~° .~ - ~_ ~ __ ~ -' ---- rt j T_ ~ € ~ ~ '' ~ _ _~ ~ ., E~ ~ r' ~" r-- ._ --, ~ ., ~ _ ~, •- ~~ _ - - ~.~___ - ~ ! ~~ ,.,.~- -. _.. ~ ~ s - -- i ~=,~ a r ` ! i _. ~ ,- ~ y - -~ ,r , . {~, ~~ ~. ~ _ ~ ~~~ R!a~uired Sidewalks ~BQt~reen ~` & " in Width) Existing and' Proposed Trails {Between 8' ~ "I2' in Width - Gottcrnk~l# Trail ~~E}" Walk connect Grapevine; and Hurst) .. - Prrvat~ Walking Paths (May be any' size} IVlunicip~aJ ~4~1 ;;: ~' , Parts ,;, ,~ `, Schools 1r'U~ter Features City L.rrut F~ailnnad RESOLUTION R-09-3112 A RESOLUTION APPROVING A REQUEST FOR A REFUND OF THE SIDEWALK ESCROW FEES FOR LOT 1, BLOCK 1 OF BRAEMAR ADDITION IN THE AMOUNT OF $1,760.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT a refund in the amount of $1,760.00 is hereby granted to Rhonda Berry of 5008 Fry Lane in the City of Colleyville. AND IT IS SO RESOLVED. PASSED 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 Date: ~ ~` SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: ~7 OrdinancelResolution Number~~.~//Z//Z Name: ~/'~~G- r7~~L~~C~ ~Uy3//~ Address:'~~a~. " ~~~~~ City: ~~~ ~• ~ State: Zip Code: ~~~ Telephone Numbei~~ 1J ~~ ~~~ Representin j~ (organization/self) ~7 I 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 Ope Meetings Law, Cha ter 551 of the Texas Local Government Code. Signed: This informatio s a Public Record. Date: (~ ~~ SPEAKER CARD will speak In Support of this item. y I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: ~ ~ OrdinancelResolution Number: Name• ~ i ckr ~ ~ (~p c ~ ~ li3 Address: ~vl~ ~vti ~.y~2 City: 1.u1.~~yv~(~2 State: "' Zip Code: ~(PU.3~ Telephone Number: ~t~-,~i-5 (.~-~- Representing: ~J~~t` (organization/self) 1 understand ! 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. Sianed: ~-~ ~~.~~ (~ ~~~~~~~~ This irit'ormation is a Public Record. Date: ~ ~ J l `~~ 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: ~ ~ 1- ~ «~" Name: Z~iyt~L~ ~Y-~ IZ-~ 9 ~ it 3 Address: ~( ~.~ff . F~~ ~~-~~- City: ~ 'v ~,`~`~~ V~~`~ State: ~ Zip Code: ~(2L~.3 it Telephone Number: Ulf"~9q~~t~ Representing: ~ ~' (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 Me~etgi~ngs~Law, Chapter 551 of the Texas Local Government Code. Signed: ~~`--~~~Nc~.~ Yz~,' ~ l' This information is a Public Record. ' "~ City Hall ,~',~ `- ~~ tt~ City ~f Co~~eyvi~~e 100 Main Street ~`~ Colleyville, Texas 76034 °~ ~ ~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3113 File Number: R-09-3113 Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 07/07/2009 Agenda No.: 7b Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of an appeal regarding the denial of a sidewalk escrow refund on Lot 2, Block 1, of the Braemar Addition, located at 5012 Fry Lane, Case GC09-010 Attachments: Location Map Applicant's Request Colleyville Sidewalk Escrow District Neighborhoods - 2009 Portion of the Supplemental Sidewalk Map Resolution R-09-3113 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/07/2009 City Council Title Consideration of an appeal regarding the denial of a sidewalk escrow refund on Lot 2, Block 1, of the Braemar Addition, located at 5012 Fry Lane, Case GC09-010 Explanation Reading and Public Hearing Rick Niles, applicant and property owner, is requesting an appeal regarding the denial to have the sidewalk escrow refunded. Per the requirements of Ordinance 0-09-1712, the objection to the ordinance received regarding a refund for the sidewalk escrow for the property referenced above was not approved. The decision was made by City staff pursuant to Section 9.12(F) 9 ii, of the Colleyville Land Development Code, which states the following regarding rights relative to the escrowed funds: "ii. If an objection is filed pursuant to the previous subsection, the Director of Community Development shall decide, within thirty (30) days, if the circumstances involving the particular lot and surrounding Sidewalk District reasonably require a return of the escrowed funds. The owner of the lot may appeal the decision of the Director of Community Development by filing a written objection, explaining the owner's argument and requesting for a hearing before the City Council, with the City Secretary not later than ten (10) days after the Director of Community Development's decision. After hearing the lot owner's objections, City Council may either refund the escrowed money or deny the refund and order the funds to be used for future sidewalk construction on that lot or in that sidewalk district. " City of Colleyville Page 1 Printed on 6/30/2009 Agenda Briefing Continued (R-09-3113) The determination made by City staff was based strictly upon the recommendations of the Supplemental Sidewalk System Map. For example, if the map recommends that no sidewalk be built along a street, it was determined that the property owner of the parcel along said street be issued a refund of existing escrowed sidewalk funds. However, if the map recommends the option of escrow payment in lieu of construction or that a new sidewalk must be built, it was determined that any existing sidewalk escrows should remain in place to be utilized for future sidewalk construction within the neighborhood district. District Neighborhood. If City Council denies the refund, the escrow will be available for any future sidewalks or trails located within District Neighborhood Number 5. Financial Impact It has been determined that the financial impact would be a refund of $1,297.00. Recommendation Staff recommends that any existing sidewalk escrows should remain in place to be utilized for future sidewalk construction with the neighborhood district according to the Supplemental Sidewalk System Map. City of Colleyville Page 2 Printed on 6/30/2009 Location Map ~~ ~, Adc€ru~ ~~C~~ 51 3 ~~C~~ Site ~~ ~.. ~C+~$ ~~~~ S~Q ~~f~ 4~~~' 491 II ~~14 I I `E I ~1€~ ~~~~ ~~~'+~ ~~1~ 49i~ 49~~ ~9fl~ 49!5 4~0~ ~. ~~D~ ~9~€}i ?C3Q 21 ~' ~~9~ 1 ~J~9 19 90? 1~Q6 1~~ 11~ 118 1~.''# June 2, 2009 City of Colleyville Ron Ruthven Interim Community Development Director 100 Main Street Colleyville, TX 76034 Dear Mr. Ruthven: We are writing you today to request an appeal to the City Council for the sidewalk escrow funds for our personal property located at 5012 Fry Lane. In December of 2007, you escrowed money for sidewalks on our property located on Fry Lane. As we have previously noted, Fry Lane is a private asphalt road with a "No Trespassing" sign. Fry Lane is a unique situation and we are requesting that you treat it as such. As you travel down Fry Lane from Glade you will see that the majority of the road on the left has an 8 foot wood privacy fence for the Rockrimmon subdivision. The right side of the road has above ground utilities. There simply is not room for a sidewalk. Sidewalks on our street in no way benefit the community because they lead to no where. Our street is a dead end, no outlet street with only 4 homes. If someone were to actually be walking down our street they would be trespassing, as the "No Trespassing" sign is clearly posted at the beginning of our street. We do not feel the city can use these escrowed funds for other sidewalks in the community, and clearly there is no need for sidewalks on Fry Lane - therefore we are requesting a refund of these funds. Thank you, Rick & Lara Niles 5012 Fry Lane Colleyville, Texas 76034 817-605-6002 CJ W z 3 T `/, .. ~ y ~, R k ~ O O a N ~ ~ ~ p ~ ' D O O ...,. L ~ O ~ ~ ~ ~' ~ ~ 0 ~ ~ ,. .~ ~ ~ ~ ~ M z ~ O _ U ~ ~. ,. .~ ~ v~ . . ,_ ~ ~ ~ z .~ . O z ~ s.. o U a W cfl ~ -~ :i to ~ ~ o ... ..; ~ ._ ~ ,~ s .. ~ ~ ~ '~ ~ ,. . ~ O U Portion of the Supplemental Sidewalk Map ,~ ~~~~ ~ ~ Site . _~ ,_~ ~, i ___ rti ~~ _- ~. ~ i, m ,.__, _..,_.. _:, __ . - ~ ~- -- - .~ - .~ ~~ s . ~~.,.. _.._ _ -- ~ ~ ~: ~ ~ ~ -- ~~ ~:_. ~. ~. ~~. __. ~ t I i ~ ,~' - ~.., -- ;. _~ w- ~__ _ _... i ~= n r v ~ ~ ~ h• i i _ ~ _._~ ~ i : i W. ~' .._. ..... i 5 • i , t o ~ A ~ ~ 1. y cl I {,E ~, ~ s ~ ~ ~ ~. ( to ~C3 } ,~ ~ ~. ~ r ~ lI ?: ~ ~ ~ . r ~-~ . ,~, _. __ . ,~ ~~:~. -•- Required Sidev~~alks (Between 4' &. 6' in Width) Existing an~i Proposed Traiis~ (Between. 8' ~ "12" in Width ~~ Cattonbe#t Tsai! X11)' Walk ct~nnect Grapevine and Hurst) ~- Private V~Ialkin~ Paths {May be any siz+~) ~r Municipal Locatlans Parks ~.: ' Schools UW~ ter Feafures ----- City Lirrut +-~- F~airoad RESOLUTION R-09-3113 A RESOLUTION APPROVING A REQUEST FOR A REFUND OF THE SIDEWALK ESCROW FEES FOR LOT 2, BLOCK 1 OF BRAEMAR ADDITION IN THE AMOUNT OF $1,297.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT a refund in the amount of $1,297.00 is hereby granted to Rick Niles of 5012 Fry Lane in the City of Colleyville. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Date: ~ - •7 -~, ~ _ SPEAKER CARD I will speak In Support of this item. r-~' 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: ~~~.~/ Address: ~ `l l Z VY~ ~ n n ~ ~" City: ~ `.~..° State: _~ Zip Code: ~~ ~ X Telephone Number: 5~' ~ 7-" ~t'~p. ~f 200 Representing: S ~ r' ~- (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 O en Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This informs ion is a Public Recor i _ 1 ~:~~ nr ~ } `~ - ~ City of Colleyville City Hall ~~ _ 100 Main Street `~ Colleyville, Texas 76034 ~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3114 File Number: R-09-3114 Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 07/07/2009 Agenda No.: 7c Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of an appeal regarding the denial of a sidewalk escrow refund on Lot 19, Block 2, of the Stafford Heights Addition, located at 4712 Manning, Case GC09-011 Attachments: Location Map Applicant's Request Colleyville Sidewalk Escrow District Neighborhoods-2009 Portion of the Supplemental Sidewalk Map Resolution R-09-3114 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/07/2009 City Council Title Consideration of an appeal regarding the denial of a sidewalk escrow refund on Lot 19, Block 2, of the Stafford Heights Addition, located at 4712 Manning, Case GC09-011 Explanation Reading and Public Hearing Bob Gammon, applicant and property owner, is requesting an appeal regarding the denial to have the sidewalk escrow refunded. Per the requirements of Ordinance 0-09-1712, the objection to the ordinance received regarding a refund for the sidewalk escrow for the property referenced above was not approved. The decision was made by City staff pursuant to Section 9.12(F) 9 ii, of the Colleyville Land Development Code, which states the following regarding rights relative to the escrowed funds: "ii. If an objection is filed pursuant to the previous subsection, the Director of Community Development shall decide, within thirty (30) days, if the circumstances involving the particular lot and surrounding Sidewalk District reasonably require a return of the escrowed funds. The owner of the lot may appeal the decision of the Director of Community Development by filing a written objection, explaining the owner's argument and requesting for a hearing before the City Council, with the City Secretary not later than ten (10) days after the Director of Community Development's decision. After hearing the lot owner's objections, City Council may either refund the escrowed money or deny the refund and order the funds to be used for future sidewalk construction on that lot or in that sidewalk district. " City of Colleyville Page 1 Printed on 6/30/2009 Agenda Briefing Continued (R-09-3114) The determination made by City staff was based strictly upon the recommendations of the Supplemental Sidewalk System Map. For example, if the map recommends that no sidewalk be built along a street, it was determined that the property owner of the parcel along said street be issued a refund of existing escrowed sidewalk funds. However, if the map recommends the option of escrow payment in lieu of construction or that a new sidewalk must be built, it was determined that any existing sidewalk escrows should remain in place to be utilized for future sidewalk construction within the neighborhood district. District Neighborhood. If City Council denies the refund, the escrow will be available for any future sidewalks or trails located within District Neighborhood Number 3. Financial Impact It has been determined that the financial impact would be a refund of $3,360.00. Recommendation Staff recommends that any existing sidewalk escrows should remain in place to be utilized for future sidewalk construction with the neighborhood district according to the Supplemental Sidewalk System Map. City of Colleyvil/e Page 2 Printed on 6/30/2009 Location Map ~t~~s 95 ~ ~a~ 9 6c7~1 ~ bD4 .qr.. _ ~ . ~ -. 4'S~ 499 4~i~0 491 4~9 17~ 4 ~ ~ ~~~~ 'x"49 9 ~ 4~(}5 ~~~ 479 4~+~9 48{]CI 49~D 4F3~11 Site 47'x'? 4793 479 V 479 ~~~~ ~~ 47~~ 4749 4741 479 2 473 4711$ 47 4fi1? 4709 47DC3 4704 4709 4 4~~~ 4f9~ 4~9? ~- 493 492 4 46}9 46t1~3 4~ 4609- SLML, LP June 4, 2009 City of Colleyville Community Development Department Attn: Mr. Ron Ruthven, Interim Director 100 Main Street Colleyville, TX 76034 ~~~~ ~1 C~ ~ul~ - ~ zoo~~ ARY'S Re: 4712 Manning /Colleyville Dear Mr. Ruthven: I am in receipt of your May 28, 2009 letter denying the refund of sidewalk escrow. Please accept this letter as my written objection to the decision made by the City staff. I respectfully wish to request a hearing before the City Gouncii. There are no other sidewalks on our entire street. Our neighbors have stated that this is ridiculous to have a sidewalk to nowhere. We feel that this procedure should be handled at the time of the building permit with everyone being treated the same. Since the City Council elected to waive escrows and sidewalk construction for Mr. Gainer at 2109 Oak Knoll Court at the March 3 meeting, we would request to receive the same treatment. There should be no double standard or favoritism in play. If the City Council denies my request for a refund, we wish to proceed with the construction of the required sidewalk using the funds ($3,360) I have already escrowed. Thank you for your consideration. Sincerely, Bob Gammon RJG/dj N O O L .~ Z U -F ~_ O W ca ~_ .~ 0 U a ~ k U ~ W z 3 o . . ~ '~ ,~,o ~_ v _~_ Z, ~'. ~ ~ . ~ F, , ~ ~ o . ~, ,_ o_ o O ;,~ N Z `~ '~ ~..= Z ., 0 ' ~ ~ cam ~ `~~ ~ s-- o :. o °o ~~ .. o .~ ~ ~ _ ~ ~ o ~~ ° s z .~ . ~,. ~ a~ .~ .~ ~~ ~ z . z Portion of the Supplemental Sidewalk Map R!~quired Sidewa#ks ~Batr+veen 4" & 6' in 1!V!idfh Existing and Proposed Trails (Bev+reen 8' ~ 'i2' in ~~~,-, Cottanbelt Trail (~4` Walk conr~e+ct Grapevine and -~ .. Private V'~,lking Paths {May be any size} Escrow apdon for Sidewa}k * 141u~nicipal Locations ~'~"} Parks ~`,: ` Schools t~'~at~r Feat#u~s -----• City Lirr~t ~--+-- Ftailrr-ad RESOLUTION R-09-3114 A RESOLUTION APPROVING A REQUEST FOR A REFUND OF THE SIDEWALK ESCROW FEES FOR LOT 19, BLOCK 2 OF STAFFORD HEIGHTS ADDITION IN THE AMOUNT OF $3,360.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT a refund in the amount of $3,360.00 is hereby granted to Bob Gammon of 4712 Manning in the City of Colleyville. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Date: .-~ ' ~ ' ~ ~1 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: o support ^opposition ~ ~`_ Agenda Item Number: ~1o Ordinance/Resolution Number: ~ ~7jt - ~ ~\ ~; Name: ~ ~~ z fit` C~ ~ ~ ~ ..`- Address: ~ ~~~ ~ U ~ ~~ ~~" City: C -~~~ c`,~,~ 1\~- _ State: ~"~ Zip Code 1~ ~ 3 ~-I Telephone Number: ~ ~'1 ~ 11 `~ 1 ~ 1 Representing: (organization/self) SPEAKER CARD 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. Signed: C-^ is a Public Record. This i .~ ~ <., City of Colleyville 100 Mlain Street Colleyville, Texas 76034 _~,x,w 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: 07/07/2009 Agenda No.: 8a 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 dated May 12, 2009.pdf Correspondence between the City Attorney and Mr. Whitaker dated May 27, 2009.pdf Ordinance 0-09-1716.pdf Ordinance 0-09-17166.pdf Ordinance 0-09-1716C.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council 1 05/19/2009 City Council 1 06/02/2009 City Council 1 06/16/2009 City Council 1 07/07/2009 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 July 7, 2009 There was no action taken by the City Council on June 16, 2009. 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 City of Colleyville Page 1 Printed on 6/26/2009 Agenda Briefing Continued (0-09-1716) Attorney. The third ordinance is included for City Council consideration, as well as the original and second Ordinance 0-09-17166. Correspondence between the City Attorney and Mr. Whitaker regarding Ordinance 0-09-1716C is attached. During the May 19, 2009 City Council meeting, one citizen spoke in favor of the proposed ordinance and one citizen spoke in opposition to the proposed ordinance. Second Reading and Public Hearing During the May 5, 2009 City Council meeting, one citizen spoke in favor of the proposed ordinance and one citizen registered support of the proposed ordinance. Mr. Christopher Whitaker, who submitted the petition and original ordinance to the City Secretary on April 21, 2009, has submitted an additional ordinance to the City Attorney. The 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 6/26/2009 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 municipahlection of the City, and no less than five hundred petitioners. iaCSingleton, City a/, zD09 (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? f have modfied it to adjust for the issues you raised and to make sure no new taxes arise as i;s now being alleged. This should. be addressed and funded by the T and state as it is them execu#ing 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 seam. Did you intend to include attachments? Thanks. Matthew C. G. Boyle BOYLE ~ LOWRY, L.L.P. 4201 Wingren Plaza, Suite i08 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 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, 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, f believe I have corrected these without alteration as to meaning or effect of the petitions. While I hold this belief, I wish to submit them to you only at this time for determination as to whether the corrections are sufficient in your clients opinion as to the enforceability of the ordinance and accuracy of the numeration of the prior ordinance. I reserve the right to modify the petitions in accordance with the city charter. Is this an acceptable proposal to initiate this exchange? M. Christopher Whitaker Board Cert~ed Texas Board of Legal Specialization John R. Salazar, P.C. 8100 John Carpenter Freeway Suite 200 Dallas, Texas 75247 21496-5292 Fax: 214-943-3393 ,k xi *.w ,:.- ~~ ii2 Correspondence between the City Attorney and Mr. Whitaker dated May 27, 2009 From: M. Christopher Wfiitaker 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 ar effect in the opinion of the person filing the petition. Additionally, as the filer of the voter initiative, 1 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 ORDINANCE 0-09-1716 AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEWILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Colleyville supports regional efforts to address the mobility and air quality needs of the citizens of North Texas; and WHEREAS, the Colleyville Commuter Rail Citizen Committee (CCRCC) investigated the possibility of commuter rail and freight rail through the City of Colleyville and establishment of a commuter rail station in the City of Colleyville; and WHEREAS, the Draft Environmental Impact Study (DEIS) of the Southwest to Northeast Commuter Rail (SWNECR) project focused entirely on commuter rail and did not include examination of negative impacts of freight traffic in the City of Colleyville while specifically providing freight traffic would use the rail line; and WHEREAS, the Cottonbelt Railroad affected within the City of Colleyville is an antiquated railroad which has very little rail freight traffic consisting oflow-speed, empty freight cars and has the occasional tourist Tarantula Train; and WHEREAS, many citizens of the City of Colleyville purchased their homes with the understanding this was the only type of rail traffic traveling the railroad; and WHEREAS, the railroad affected within the City of Colleyville will require complete reconstruction of the railroad to carry any type of train that travels over twenty-five miles-per-hour or is fully loaded; and WHEREAS, the Cottonbelt Railroad does have a significant impact on the community since it limits roadway interconnectivity between residential neighborhoods as there are three locations in the City of Colleyville where railroad crosses existing roads: one at Bransford Road a second at Pleasant Run Road and the third at John McCain Road and the DEIS noted traffic congestion would increase on the roadways in the City of Colleyville with the reconstruction of the railroad; and WHEREAS, the CCRCC noted areas of focus of impact should a station be completed in the City of Colleyville included public safety, noise, pollution, property values, traffic congestion, crime, station location and design, and total cost and noted areas of focus of impact should commuter rail operation commence as outlined in the DEIS in the City of Colleyville included public safety, noise, pollution, property values, and traffic congestion; and WHEREAS, the City of Colleyville deems it necessary for the purpose of promoting the health safety morals or general welfare of the City to enact a rail ordinance; and WHEREAS, the City of Colleyville deems it necessary to enact said ordinance to eliminate or reduce an essentially local safety or security hazard, and it is not incompatible with a law, regulation, or order of the United States Government, and it does not unreasonably burden interstate commerce; and WHEREAS, the City of Colleyville deems it necessary for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development; and WHEREAS, the City of Colleyville is established as under its Texas home rule charter; WHEREAS, the people of the City of Colleyville reserve the power of direct legislation by initiative and have properly petitioned under the City of Colleyville Charter 6.02. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied herein in their entirety. Sec. 2. THAT the construction of any rail station or rail stop is prohibited in the City of Colleyville. Sec. 3. THAT the City of Colleyville will not provide funds for the construction, maintenance, or operation of a rail stop or rail station. Sec. 4. THAT the reconstruction of the Cottonbelt for purposes of carrying commuter rail shall consist of construction of a rail bed at the City of Colleyville's-three road crossings that is lowered below the surface grade so that the railway is underground and shall also consist of construction of overpasses for the three road crossings at for Bransford Road, Pleasant Run Road, and John McCain Road. Sec. 5. THAT in addition to and accumulative of all other penalties the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 6. THAT this ordinance shall be construed in accordance with the City Code(s) in effect on the date of passage of this ordinance to the extent that such Code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas, subject to the city's ongoing authority to adopt reasonable regulations to manage its public rights-of--way pursuant to the construction in public rights-of--way ordinance. Municipal consents entered into pursuant to this division are performable in Tarrant County, Texas. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT the effective date of this Ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. Ordinance 0-09-1716 Page 5 of 5 The first reading and public hearing being Conducted on the 5t" day of May 2009. The second reading and public hearing being conducted on the 19t" day of May 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney ORDINANCE 0-09-1716B AN ORDINANCE PROHIBITING THE CONSTRUCT[ON 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 UR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Colleyville supports regional efforts to address the mobility and air quality needs of the citizens of North Texas; and WHEREAS, the Colleyville Commuter Rail Citizen Committee (CCRCC) investigated the possibility of commuter rail and freight rail through the City of Colleyville and establishment of a commuter rail station in the City of Colleyville; and WHEREAS, the Draft Environmental Impact Study (DEIS) of the Southwest to Northeast Commuter Rail (SWNECR) project focused entirely on commuter rail and did not include examination of negative impacts of freight traffic in the City of Colleyville while specifically providing freight traffic would use the rail line; and WHEREAS, the Cottonbelt Railroad affected within the City of Colleyville is an antiquated railroad which has very little rail freight traffic consisting oflow-speed, empty freight cars and has the occasional tourist Tarantula Train; and WHEREAS, many citizens of the City of Colleyville purchased their homes with the understanding this was the only type of rail traffic traveling the railroad; and WHEREAS, the railroad affected within the City of Colleyville will require complete reconstruction of the railroad to carry any type of train that travels over twenty-five miles-pee-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 Jolin McCain Road and the DEIS noted traffic congestion would increase on the roadways in the City of Colleyville with the reconstruction ofthc railroad; and WHEREAS, the CCRCC noted areas of focus of impact should a station be completed in the City of Colleyville included public safety, noise, pollution, property values, traffic congestion, crime, station location and design, and total cost and noted areas of focus of impact should commuter rail operation commence as outlined in the DEIS in the City of Colleyville included public safety, noise, pollution, property values, and traffic congestion; and WHEREAS, the City of Colleyville deems it necessary for the purpose of promoting the health safety morals or general welfare of the City to enact a rail ordinance; and. WHEREAS, the City of Colleyville deems it necessary to enact said ordinance to eliminate or reduce an essentially local safety or security hazard, and it is not incompatible with a law, regulation, or order of the United States Government, and it does not unreasonably burden- interstate commerce; and WHEREAS, the City of Colleyville deems it necessary for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development; and WHEREAS, the City of Colleyville is established as under its Texas home rule charter, WHEREAS, the people of the City of Colleyville reserve the power of direct legislation by initiative and have properly petitioned under the City of Colleyville Charter 6.02. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied herein in their entirety. Sec. 2. THAT, to the extent the City of Colleyville has any right or authority to prohibit a station, the construction of any rail station or rail stop is prohibited in the City of Colleyville. Sec. 3. THAT the City of Colleyville will not provide funds for the construction, maintenance, or operation of a rail stop or rail station. Sec. 4. THAT, to the extent the City ojCollevville has any right or authority to require it, while not increasing taxes and not implementing new taxes to fund this reconstrrction and not expending Citv of Colleyville fitnds 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 the railway is below surface level, whether open or a ttennel, and shall also consist of construction of overpasses for the three road crossings at Bransford Road, Pleasant Run Road, and John McCain Road. Sec. S. 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 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-D9-17168 Page. 5 of 5 The first reading and public hearing being conducted on the 5th day of May 2009. The second reading and public hearing being conducted on the 19th day of May 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney ORDINANCE 0-09-1716C AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Colleyville supports regional efforts to address the mobility and air quality needs of the citizens of North Texas; and WHEREAS, the Colleyville Commuter Rail Citizen Committee (CCRCC) investigated the possibility of commuter rail and freight rail through the City of Colleyville and establishment of a commuter rail station in the City of Colleyville; and WHEREAS, the Draft Environmental Impact Study (DEIS) of the Southwest to Northeast Commuter Rail (SWNECR) project focused entirely on commuter rail and did not include examination of negative impacts of freight traffic in the City of Colleyville while specifically providing freight traffic would use the rail line; and WHEREAS, the Cottonbelt Railroad affected within the City of Colleyville is an antiquated railroad which has very little rail freight traffic consisting oflow-speed, empty freight cars and has the occasional tourist Tarantula Train; and WHEREAS, many citizens of the City of Colleyville purchased their homes with the understanding this was the only type ofrail traffic traveling the railroad; and WHEREAS, the railroad affected within the City of Colleyville will require complete reconstruction of the railroad to carry any type of train that travels over twenty-five miles-per-hour or is fully loaded; and WHEREAS, the CCRCC noted areas of focus of impact should a station be completed in the City of Colleyville included public safety, noise, pollution, property values, traffic congestion, crime, station location and design, and total cost and noted areas of focus of impact should commuter rail operation commence as outlined in the DEIS in the .City of Colleyville included public safety, noise, pollution, property values, and traffic congestion; and WHEREAS, the City of Colleyville deems it necessary for the purpose of promoting the health safety morals or general welfare of the City to enact a rail ordinance; and WHEREAS, the City of Colleyville deems it necessary to enact said ordinance to eliminate or reduce an essentially local safety or security hazard, and it is not incompatible with a law, regulation, or order of the United States Government, and it does not unreasonably burden interstate commerce; and WHEREAS, the City of Colleyville deems it necessary for the purpose of mitigating the adverse effects ofrail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development; and WHEREAS, the City of Colleyville is established as under its Texas home rule charter; WHEREAS, the people of the City of Colleyville Reserve the power of direct legislation by initiative and have properly petitioned under the City of Colleyville Charter 6.02. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied herein in their entirety. Sec. 2. THAT, to the extent the City of Colleyville has any right or authority to prohibit a station, the construction of any rail station or rail stop is prohibited in the City of Colleyville. Sec. 3. THAT the City of Colleyville will not provide funds for the construction, maintenance, or operation of a rail stop or rail station. Sec. 4. THAT in addition to and accumulative of all other penalties the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 5. THAT this ordinance shall be construed in accordance with the City Code(s) in effect on the date of passage of this ordinance to the extent that such Code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas, subject to the city's ongoing authority to adopt reasonable regulations to manage its public rights-of--way pursuant to the construction in public rights-of-way ordinance. Municipal consents entered into pursuant to this division are performable in Tarrant County, Texas. Sec. 6. THAT if any section, paragraph, subdivision,. clause, phrase, or provision of this ordinance shall be judged invalid or unconstitutional the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT the effective date of this Ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. Ordinance 0-09-1716C Page 4 of 4 The first reading and public hearing being conducted on the 5th day of May 2009. The second reading and public hearing being conducted on the 19th day of May 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney i:V ' [./ City of Colleyville 100 Main Street Colleyville, Texas 76034 T~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3093 File Number: R-09-3093 File Type: Resolution Status: Tabled Version: 1 Agenda Date: 07/07/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 8b Final Action: Secretary 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: 1 05/05/2009 City Council 1 05/19/2009 City Council 1 06/02/2009 City Council 1 06/16/2009 City Council 1 07/07/2009 City Council Title Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas Explanation Reading and Public Hearing Update July 7, 2009 There was no action taken by City Council on June 16, 2009. Update June 16, 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 City of Colleyville Page 1 Printed on 6/26/2009 Agenda Briefng Continued (R-09-3093) Mr. Christopher Whitaker, who submitted the petition and original resolution to the City on April 21, 2009, has submitted a third Resolution R-09-3093C to the City Attorney. Resolution R-09-3093C is included for City Council consideration, as well as the original and second Resolution R-09-3093B. Correspondence between the City Attorney and Mr. Whitaker regarding Resolution R-09-3093C is attached. During the May 19, 2009 City Council meeting, one citizen spoke in favor of the proposed resolution and one citizen spoke in opposition to the proposed resolution. During the May 5, 2009 City Council meeting, one citizen spoke in favor of the proposed resolution and one citizen registered support of the proposed resolution. The City Council discussed and considered the Resolution and unanimously voted to table the item for consideration during the May 19, 2009 City Council meeting. 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. City of Colleyville Page 2 Printed on 6/26/2009 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 Iast regular municipal, ei Uon of the City, and no Tess than five hundred petitioners. City a'`~ zDO9 (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 justwanted to make sure this was OK. I can- send it if this is acceptable? t have. modified it to adjust for the issues you raised and to make-sure no n.ew texas arise as is now being alleged. This should be addressed and funded by the T and stat$ as it is theta. 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 Mi•. Whitaker, It looks like your original email was caught in sparn. 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 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 1 have corrected these without alteration as to meaning or effect of the petitions. White I hold this belief, I wish to submit them to you only at this time for determination as to whether the corrections are sufficient in your clients opinion as to the enforceability of the ordinance and accuracy of the numeration of the prior ordinance. 1 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 Cert~ed 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 ~. ,.~ ,~ ...,} 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 Certilred Texas Board of Legal Specialization John R. Salazar, P.C. 8100 John Carpenter Freeway Suite 200 Dallas, Texas 75247 214-696-5292 Fax: 214-943-3393 RESOLUTION R-09-3093 A RESOLUTION RESCINDING RESOLUTION 30R0695 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS A RESOLUTION RESCINDING RESOLUTION 30R0695 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS WHEREAS, the Metropolitan Mobility Plan of the Regional Transportation Council plans to create a regional passenger and freight rail line that will traverse approximately 8 miles of residential areas between Fort Worth and Grapevine, Texas; and WHEREAS, nearly the entire distance that falls within the City of Colleyville is in our residential areas; and WHEREAS, homeowner property values will be significantly and negatively impacted by the increase in trains, especially those that carry freight; and WHEREAS, the current Metropolitan Mobility Plan does not include additional under/overpasses at any of the more than two dozen road crossings along this line; and WHEREAS, the high volume of increased rail traffic and subsequent closing of these roads several times a day to allow the passage of said trains will result in a significant increase in road congestion along the entire rail line, including in our city; and WHEREAS, the Regional Transportation Council has solicited its member cities to fund a lobbyist contract with Hi11Co Partners to influence the 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 30R0695 is rescinded in its entirety. Sec. 2. THAT the 81st Texas Legislature be and is hereby urged to NOT authorize metro area counties to levy, subject to voter approval, a vehicle registration fee motor fuels excise tax, mileage fee driver's license fee, and roadway impact fee to fund their mobility needs, including rail service. Sec. 3. THAT the City of Colleyville does NOT support the current Metropolitan Mobility Plan for the Southwest-Northeast rail initiative. Sec. 4. THAT the City of Colleyville urges construction of rail underpasses at each of the road crossings along the proposed Southwest-Northeast route. Sec. 5. THAT the City of Colleyville urges the adoption of light commuter rail to move passengers and the prohibition of freight trains on the Southwest-Northeast route. Sec. 6. THAT the City of Colleyville will not fund, either directly or indirectly, lobbyists hired by the Regional Transportation Council working to support, fund, or otherwise implement the Metropolitan Mobility Plan. Sec. 7. THAT no train station construction or operation will be funded by the City of Colleyville. AND IT IS SO RESOLVED. Resolution R-09-3093 Page 4 of 4 APPROVED BY ABSTENTIONS 2009. ATTEST: A VOTE OF ON THIS THE AYES, NAYS AND DAY OF CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor RESOLUTION R-09-3093B A RESOLUTION RESCINDING RESOLUTION RA9-3065 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 S 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 cant' 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 815` Texas Legislature to authorize new taxes and/or fees to pay for mobility needs, including rail service. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE TEXAS: Sec. 1. THAT Resolution R-09-3065 is rescinded in its entirety. Sec. 2. THAT the 81 st Texas Legislature be and is hereby urged to NOT authorize metro area counties to levy, subject to voter approval, a vehicle registration fee motor fuels excise tax, mileage fee driver's license fee, and roadway impact fee to fund their mobility needs, including rail service. Sec. 3. THAT the City of Colleyville does NOT support the current Metropolitan Mobility Plan for the Southwest-Northeast rail initiative. Sec. 4. THAT the City of Colleyville urges construction of rail underpasses at each of the road crossings along the proposed Southwest-Northeast route, with the City of Colleyville not incurring the cost ofthis construction ofthis design and not implementing new taxes to pay for this construction ofthis 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 Colleyville will not fund, either directly or indirectly, lobbyists hired by the Regional Transportation Council working to support, fund, or otherwise implement the Metropolitan Mobility Plan. Sec. 7. THAT no train station construction or operation will be funded by the City of Colleyville. AND IT IS SO RESOLVED. Resolution R-09-30936 Page 4 of 4 APPROVED B ABSTENTIONS 2009. ATTEST: Y A VOTE OF AYES, _ ON THIS THE DAY OF NAYS AND CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor RESOLUTION R-09-3093C A RESOLUTION RESCINDING RESOLUTION. R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS A RESOLUTION RESCINDING RESOLUTION R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS WHEREAS, the Metropolitan Mobility Plan of the Regional Transportation Council plans to create a regional passenger and freight rail line that will traverse approximately 8 miles of residential areas between Fort Worth and Grapevine, Texas; and WHEREAS, nearly the entire distance that falls within the City of Colleyville is in our residential areas; and WHEREAS, homeowner property values will be significantly and negatively impacted by the increase in trains, especially those that carry freight; and WHEREAS, the current Metropolitan Mobility Plan does not include additional underl 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 ABSTENTIONS 2009. ATTEST: A VOTE OF AYES, _ ON THIS THE DAY OF NAYS AND CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor RESOLUTION R-09-3115 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JULY 7, 2009 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor