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HomeMy WebLinkAboutCity Council-Agenda Packets-7/21/2009,, .,,, _ Cit of Colle ville City Hall Y 100 Main Street ' ~~ Colleyville, Texas 76034 t~'' $ ~~~ A e n d a 817.503.1000 www.colleyville.com City Council Tuesday, July 21, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of conversion to a court of record by the municipal court PC-2 ~ Discussion of the implementation of the Vehicle Idling Memorandum of Agreement with the Texas Commission of Environmental Quality (TCEQ) PC-3 Presentation of the Monthly Financial Report -June 2009 PC-4 Update and review of Fiscal Year 2009 (FY 2009) Work Plan PC-5 Discussion of the July 21, 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 City of Colleyville Page 1 Printed on 7/17/2009 City Council Agenda July 21, 2009 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Jay Franks, Compass Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3116 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of the Colleyville Police Department receiving the Special Olympics Number One Fund Raising Small Agency Award and the Flame of Hope Award -Mayor David Kelly Presentation of City of Colleyville check to Special Olympics Texas - Katie Wheeler, Development Director for Torch Run, Special Olympics Texas Proclamations - In recognition of Special Olympic Torch Bearers Colleyville Police Department Detectives Kevin Walling and Bob Etheridge -Mayor David Kelly Proclamation - In recognition of Frank Whitmire and declaring July 21, 2009, as Frank Whitmire Day in the City of Colleyville 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3117 4a Approval of the minutes of the regular City Council meeting of July 7, 2009 4b Approval of bid award for health, dental, life, and long-term disability insurance to Aetna and authorize the City Manager to execute the agreement City of Colleyville Page 2 Printed on 7/17/2009 City Council Agenda July 21, 2009 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1722 Approval of replacing Ordinance 0-07-1629 establishing school safety zones within the City of Colleyville 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1723 Approval of an Ordinance replacing Ordinance 0-00-1256, amending Chapter 50, Article II, Flood Hazard Regulations, of the Colleyville Code 6b 0-09-1724 Approving a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's rate review mechanism filing in all cities exercising original jurisdiction 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3118 Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block E, of the Cascades at Timarron Addition, located at 1801 Prince Meadow, Case GC09-012 7b R-09-3119 Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block 1, of the Van Oaks Addition, located at 205 Van Oaks Drive, Case GC09-013 7c R-09-3120 Consideration of appointments to the Colleyville Economic Development Corporation (CEDC) Board of Directors 7d R-09-3121 Consideration of appointments to the Audit Committee 7e R-09-3122 Consideration of appointment to the Parks and Recreation Advisory Board 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 City of Colleyville Page 3 Printed on 7/17/2009 City Council Agenda July 21, 2009 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS: Parks and Recreation Advisory Board Minutes -February 2, 2009 Senior Center Advisory Committee Minutes -April 16, 2009 Parks and Recreation Advisory Board Minutes -May 4, 2009 Planning and Zoning Commission Minutes -May 26, 2009 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 21, 2009 - Reading and Public Hearing -Resolution R-09-3123 12. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City. Hall on Friday, July 17, 2009, by 5:00 p.m Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 7/17/2009 i.~ ' 4/ Clty Of COI I eyV I I Ie ~ 100 Main Street Colleyville, Texas 76034 ~r°~~° A enda Briefin 817.503.1000 g g www.colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 07/21/2009 Status: Pre Council Controlling Body: City Council Requester: Finance Department Agenda No.: PC-1 Final Action: File Name: Discussion of conversion to a court of record by the municipal court Attachments: Should Your Municipal Court Become a Court Of Record.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 07/21/2009 City Council Title Discussion of conversion to a court of record by the municipal court Explanation Currently, Colleyville's municipal court is a non-court of record, which means any citation issued can be appealed to the Tarrant County District Court directly, without entering Colleyville's judicial system. When this occurs, Colleyville's municipal court receives no revenue for the appealed citation. If the defendant is found guilty at the Tarrant County District Court, Tarrant County receives all revenue related to that appealed citation. Through the end of June 2009, 6.2% of all citations issued this fiscal year were appealed to Tarrant County District Court. Below is a table displaying the percentage of citations appealed to Tarrant County from Fiscal Year 2001 - 2009. OF CITATIONS APPEALED FY 2001 - 2009 FISCAL CITATIONS CITATIONS % CITATIONS YEAR ISSUED APPEALED APPEALED 2001 8,152 154 1.9% 2002 8,597 125 1.5% 2003 8,446 211 2.5% 2004 7,715 353 4.6% 2005 7,263 251 3.5% 2006 11,624 398 3.4% 2007 11,218 683 6.1 2008 15,621 697 4.5% 2009 8,226 511 6.2% City of Colleyville Page 1 Printed on 7/17/2009 Agenda Briefing Continued The primary increases in appeals to Tarrant County District Court are from recent legislative changes involving citations issued to commercial drivers license holders and disposition of their citations, and appeals coming from defendants who retain attorneys to handle their citations. Appeals can be minimized to less than 20 per year with the conversion of Colleyville's municipal court to a court of record. As governed by Chapter 30 of the Texas Government Code, municipal courts of record, are municipal courts that keep records of trial proceedings (typically electronically or by means of a court reporter). In municipal courts of record, appeals stem from preservation of error in the court record and transcript. Defendants who wish to appeal are not entitled to a new trial at a higher judicial level. Their trial would be based upon any information presented at the Colleyville municipal court's trial. Currently, a new trial can be held at a higher judicial level, if the case is heard in a non-court of record. Appeals from municipal courts of record are governed by Texas Rules of Appellate Procedure, and error must be preserved in municipal court to be considered on appeal from municipal court. Per both the municipal court judge and city prosecutor, the annual number of appeals which could be based upon error would be fewer than 20, and that would almost eliminate appeals going to Tarrant County District Court. For additional information regarding municipal court of record, see the attached article "Should Your Municipal Court Become a Court of Record" from the Texas Municipal Courts Education Center. Additionally, conversion to a municipal court of record, would provide additional revenue from citations as the city loses approximately $100 for every citation that is appealed to Tarrant County District Court. There are additional annual expenses involved with a municipal court of record for additional court dockets and jury trials such as fees for the municipal court judge and city prosecutor and translation expenses, when a bench or jury trial is held for anon-English speaking defendant. Another one-time expense is for a digital court recording system. Below is a table displaying the projected net revenue if a municipal court of record is implemented. An annual net revenue increase of $49,360 is projected. In the year of implementation, adigital recording system would need to be purchased at an estimated cost of $6,000. Estimated Net Revenue From Implementation of a Municipal Court of Record Projected net revenue for Citations currently appealed (700 x $100) $ 70,000 Less Court Of Record Expenditures: Bench Trials (24 Additional Annually) Municipal Court Judge ($3,600) City Prosecutor ($10,080) Jury Trials (8 Additional Annually) Municipal Court Judge ($1,600) City Prosecutor ($3,360) Translator ($2,000) *Estimated Net Revenue $49,360 *Note -First year revenue would be $6,000 less due to purchase of digital recording system City of Colleyville Page 2 Printed on 7h7/2009 Amt ends Briefing Continued A non-court of record can become a court of record with the passage of an ordinance by the governing body per the Municipal Courts of Record Act of 1997. Based on any City Council direction, staff would proceed with the preparation of a court of record ordinance for consideration in November, which would be effective January 1, 2010. City of Colleyville Page 3 Printed on 7/17/2009 Should Your Municipal Court Become a This article addresses why your city might want to create a court of record, the requirements of a court of record, and the change in the court operation when becoming a court of record. "T"here are some 870 plus municipal courts in Texas and approximately 75 of them are municipal courts of record. Of the 100 Texas cities that had a 2004 estimated population of 25,000 or more, 36 of them have courts of record and 32 of those courts were created by special legislation. Prior to the passage of H.B. 731 during the 76~' Legislature, effective September 1, 1999, creating Chap. 30, Subchapter A, Texas Government Code, cities had to create municipal courts of record by specific legislation. Thirty-eight cities had obtained special legislation to create a municipal court of record prior to 1999. Special legislation for an additional six cities was passed during the 1999 Legislative Session, and four more special acts have been passed since 1999. The 1999 Act, referred to as the Uniform Municipal Courts of Record Act, allows any municipality to create a municipal court of record by the adoption of an ordinance pursuant to the provisions of Subchapter A. Originally, the provisions of Subchapter A did not apply to cities that obtained specific legislation. In 2003, the 78`'' Legislature passed .H.B. 2799 which applied the provisions of Subchapter A to each municipality listed in Chapter 30, but provided that if the provisions of Subchapter A conflict with a specific provision for a particular municipality, the specific provision controls. Cities may still seek specific legislation to create a Court of Record By Paul Isham, Attorney-at-Law municipal court of record if they desire some specific provision that is not enutnexated in the Uniform Act. Since the passage of the Uniform Act in 1999, only about 27 Texas cities have converted to municipal courts of record pursuant to the provisions of the act. Advantages and Disadvantages of Being a Court of Record Advantages: In anon-record municipal court, a defendant may appeal the judgment of the municipal court to the appellate court handling municipal court appeals, usually a county court at law or county court, and have a trial de nova, (i.e., a completely new trial on the entire case conducted as if there had been no trial in the first instance). A defendant may even skip anon-record municipal court altogether by entering a plea and appealing the case to the appellate court. This is informally referred to as a "leapfrog appeal." The subsequent trial in the county court controls the outcome of the case. The trial de nova at the county level is eliminated by having a municipal court of record. A municipal court of record should decrease the number of appeals to the county and the dismissals at the county level. For the 2005 calendar year, 3,246 cases were appealed from non-record municipal courts in cities with a population of 50,000' or more while 1,258 cases were appealed from the municipal courts of record in cities within the same population bracket. If the 1,127 cases that were appealed in the City of Houston are removed from the statistics, only 131 cases were appealed in the remaining cities with courts of record with populations greater than 50,000. For cities with populations between 25,000 and 50,000, 2,690 cases were appealed from non-record municipal courts, while only seven were appealed from municipal courts of record.2 A. reduction ui the number of appeals results in a reduction in the municipal court's workload with regard to processing appeals. A municipal court of record will reduce the burden on the county court system since the number of appeals will decrease. The integrity of the municipal court improves since the Code of Criminal Procedure and the Rules of Appellate Procedure govern the trial of cases before municipal courts of record' and the proceedings are recorded. A municipal court of record should also reduce police officers' overtime and reduce the time spent in court by city inspectors and other witnesses since they will only have to appear for the trial at the municipal level. The need to have witnesses available for a de nova trial at the county level is eliminated. Some cities report that police officer morale improves, and more citations are issued by officers in cities that have a court of record. A trial in a municipal court of record is recorded by a court reporter or by an electronic recording device. Appeals of the judgment in the municipal court of record are based on alleged errors made during the municipal court trial. A trial de nova is not permitted and the appellate court renders a disposition of the appeal based on the transcript from the municipal court, the briefs submitted by the parties, and oral arguments, unless the case is submitted Page 14 Municipal CourfRecorrier July 2006 to the appellate court without oral argument. The enforcement of code violations and city-ordinance violations improves because defendants cannot avoid a municipal court proceeding (i.e., no "leapfrog appeals'.'' The city maintains local control over these violations, appeals are decreased because the violators cannot simply enter a plea and then appeal the case to the county, and if a case is appealed and the judgment affirmed, the fine assessed at the municipal court level is imposed and collected by the municipal court. Thus, defendants cannot negotiate a lower fine amount at the county level which is kept by the county. In addition to the jurisdiction granted by general law fox a municipal court, a municipal court of record has additional authority specifically granted to it by Section 30.00005, and drat section also grives the city's governing body the authority to provide additional jurisdictional powers to the court by ordinance. The jurisdiction of a municipal court of record is more thoroughly discussed later in this article. Disadvantages: The disadvantages of creating a municipal court of record include the requirement that the judge be an attorneys; the procedure for removing an unsatisfactory judge; the cost of additional court personnel to assist with recording devices, record keeping, trial dockets, paperwork, etc.; the cost, if any, to the city of having an appointed court reporter, although the cost of preparing the reporter's record is paid by the appellant; the possible need fox additional office space; possible change in the organizational relationship between the judge(s) and court personnel; and courtroom space. "I'he city will also incur the cost of purchasing and installing a good quality electronic recording deviceb although same cities that use the council chambers as a courtroom already have the necessary recording equipment ui place. A city with a court of record may also experience additional trial dockets, trials and time spent by court personnel, including the judge and prosecutor, in conducting trials. The court's increased trial activity may require additional staff. Also, if the city's judge and prosecutor are not full-time, the city may experience an increase in costs for the additional time spent by the judge and prosecutor in handling the trial docket. As indicated below, the appellant must pay the costs for the court reporter to prepare the reporter's record unless he/she is indigent. In the case of an appeal by an uidigent person, the city would absorb the costs of the reporter's record. The cost of a reporter will vary depending on locale, but Haltom City pays a court reporter $150 for four hours of work. Since the court proceedings in a court of record are recorded, the conduct of the judge, prosecutor, the defendant, defendant's attorney, and witnesses are recorded and are subject to scrutiny by the public and the appellate court if the case is appealed. 'T'his factor can be positive or negative, depending on the conduct of the participants in the trial. Finally, a more formalized municipal court proceeding may be threatening to pro se defendants that appear before the municipal court. Jurisdiction of the Court In addition to the jurisdiction granted any municipal court, a municipal court of record acquires additional jurisdiction pursuant to the Uniform Act and may be granted further jurisdiction by action of the governing body in creating the court of record. A judge of a municipal. court of record has the authority to issue a search warrant to search fox and seine contraband subject to forfeiture while a municipal judge of anon-record municipal court does not have this authority' The judge also has the authority to grant writs of mandamus, attachments and other writs necessary to the enforcement of the jurisdiction of the court and may issue writs of habeas corpus in cases ui which the offense charged is within the jurisdiction of the municipal court.R A municipal court of record has additional jurisdiction over criminal cases arising under ordinances authorized by Section 215.072 (inspection of dairies, slaughterhouses or slaughter pens, in or outside the municipal limits, from which milk or meat is furnished to the residents of the city), Section 217.042 (defining and prohibiting any nuisance within the limits of the municipality and within 5,000 feet outside the city limits), Section 341.903 (home-rule municipality policing the following areas owned and located outside the city (1) parks and grounds, (2) lakes and land contiguous to and used in connection with a lake, and (3) speedways and boulevards), and Section 401.002 (home-rule city prohibiting the pollution or degradation of a stream, drain, recharge feature, recharge area, or tributary that may constitute or recharge the source of water supply of the city, and may pro~ride for the protection of and may police any watersheds. The authority granted by this provision for the protection of recharge area or recharge features of groundwater aquifers is limited to cities with a population greater than 750,000 and the groundwater constitutes more than 75% of the city's source of,water supply) of the Local Government Code (L.G.C.). In addition, the governing body of a city July 2006 Municipal CourtRecorrJer Page 15 by ordinance may provide that: (1) the court has civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Subchapter A, Chapter 214, L.G.C.,9 Subchapter E, Chapter 683, Transportation Code;"' (2) concurrent jurisdiction with a district court or a county court at law under Subchapter B, Chapter 54, L.G.C.," within the municipality's territorial limits and property owned by the municipality located in the city's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances; and (3) authority to issue: (a) search warrants for the purpose of investigating health and safety or nuisance abatement ordinance violations; and (b) seizure warrants for the purpose of securing, removing or demolishing the offending property and removing debris from the premises.'Z Section 30.00006, L.G.C., provides that a municipal judge of a court of record, acting as a magistrate, can issue administrative search warrants. Article 18.05, Code of Criminal Procedure, authorizes any magistrate, including a municipal judge of a non- record municipal court, the authority to issue warrants for fire, health and code inspections. However, Subsection (e) of Art. 18.05 provides that a search warrant may not be issued to a code enforcement official of a county with a population of 2.4 million or more for the purpose of allowing the inspection of specified premises to determine the presence of an unsafe building condition or a violation of a building regulation, statute or ordinance. It can be argued that the authority set-out in Sec. 30.00006 with regard to the issuance of administrative search warrants would take precedence over the exclusion of Art. 18.05(e) so that a judge of a municipal court of record in a county with a population of 2.4 million or more has the authority to issue a search warrant for inspection of an unsafe building or violation of a building regulation, statute or ordinance. Requirements In addition to the requirement for an attorney-judge,13 the conversion to a municipal court of record requires that the governing body appoint the clerk and a court reporter. The presiding judge shall supervise and control the operation and clerical functions of the administrative department of the court, including the clerk and other personnel necessary for the proper operation of the court, during the proceedings of the court.'`' However, the governing body shall by ordinance provide fox the appointment of the clerk of the municipal court and may provide fox the hiring, direction, supervision, and removal of deputy clerks, warrant officers and other personnel necessary for the proper operation of the courts and as authorized in the anmial budget for the clerk's office.15 Normally, home-rule cities provide that the city manager/administrator shall appouit the clerk and other court personnel. In general law cities, the governing body appoints any officer, including the clerk, which it considers necessary for the operation of the cityt6 unless the city has adopted the city manager form of government. City governing bodies may provide that the city manager/administrator, the presiding judge or the governing body be responsible for the administration of the clerk's office. There is a potential for conflict if the city manager/administrator is given the responsibility to lure, direct, supervise, and remove the clerk and other court personnel, but the court clerk and other court personnel perform their duties under the direction and control of the presiding judge." Cities should be colmizant of this potential conflict when contemplating creating a municipal court of record. The clerk is charged with the responsibility of preparing the clerk's record if a case is appealed from the municipal court of record.'" The council shall by ordinance designate the presiding judge, municipal court clerk or the court administrator with the responsibility of supervising the selection of persons for jury service.' Chapter 30 also requires that the municipal court of record have a court reporter who meets the qualifications provided by law for official court reporters. °T'he reporter shall be compensated by the city in the manner determined by the governing body. The court reporter is charged with the responsibility of preserving the record of cases tried before a municipal court of record. The court reporter may use written notes, transcribing equipment, video or audio recording equipment, or a combination of these methods to record the proceedings. Instead of providing a court reporter, the governing body of the city map provide that the proceedings be recorded by a good quality electronic recorduig device.20 In considering converting your court to a municipal court of record, you should factor in the cost of acquiring a proper recording device. "I"he court reporter is not required to be present during the proceedings in order to certify the reporter's record. If there is an appeal of the case, a court reporter must prepare a reporter's record from the recorduig.21 The city can charge an appellant a $25 Page 16 Municipai Court Recorder July 2006 fee for the preparation of the clerk's record and also charge for the actual cost of the reporter for preparing the reporter's record including transcription of the proceedings. '1"hus, these costs axe absorbed by the appellant unless the court determines that the appellant is uidigent. If the appellant prevails on appeal, the $25 fee is refunded, but not the cost of preparing the reporter's record.az Conclusion If your municipal court is experiencing a large number of appeals, you may wish to consider creating a municipal court of record. If not, the additional costs incurred by creating a municipal court of record may not jusrify establishing such a court. Cities that have created municipal courts of record have experienced a drastic reduction in the number of appeals filed in their courts. For FY05, 5,937 cases were appealed from non-record municipal courts in cities with a population of 25,000 or more, while only 137 cases were appealed in the cities (excluding appeals in the City of Ilouston) with courts of record.23 Furthermore, a court will likely see an increase in annual revenues as a result of the reduction in the number of appeals. In addition, the enforcement of code violations and city ordinance violations improves because defendants cannot avoid a municipal court proceeding. Cities also may want to create a court of record in order to give its municipal judge additional jurisdictional powers, particularly in the area of issuing search warrants. TMCEC has compiled a packet of information, including a sample ordinance, with regard to creating a municipal court of record. Please contact the TMCEC office at 512/ 320-8274, 800/252-3718, or by email at tmcec@tmcec.com if you would like a copy of this uiformation. J! ' 2005 estimated population from Office of Court Administration's (OCA) statistics. '- Data taken from OCA's Municipal Courts Summary of Reported Activity. ;Sec. 30.00023, Gov't Code. 'According to OCA's statistics for 2005, 1,809 city-ordinance violations were appealed from non-record municipal courts while only eight were appealed from municipal courts of record ui cities with a population greater than 25,000. s The City of Bullard was successful in obtainuig special legislation that does not require its municipal judge to be an attorney. Sec. 30.01482, Gov't Code. ~ Such a device could cost upwards of $3,000 or more. .Art. 18.01 (h) and Art. 18.02(12), Code of Crim. I'xoc. s Sec. 30.000C(e), Gov't Code. "Dangerous structures. 70 Junked vehicles -public nuisance and abatement. " Municipal health and safety ordinances -civil actions and civil penalties. "- Sec. 30.00005, Gov't Code. 73'The city council also must establish a term of two or four years for the municipal judge(s). Sec. 30.00006, Gov't Code. The judge must be a licensed attorney in good standuig with two or more years of experience in the practice of law in Texas. Also see Sec. 30.01482 allowing the City of Bullard to have anon-attorney judge. 's Sec. 30.0009, Gov't Code. 16 Secs. 22.071, 23.051 & 24.051, L.G.C. '~ See 'I"eras Code of Judicial Conduct, Canon 3 C.(2) that provides that "a judge should require staff, court. officials and others subject to the judge's direction and control to observe the standards of fidelity and diligence that apply to the judge and to refrain from manifesting bias or prejudice in the performance of their official duties." 74 Secs. 30.00007 & 30.00009, CJov't Code. 'H Sec. 30.00017, Gov't Code. '~ Sec. 3U.00013(b), Gov't Code. 20 Sec. 30.00010, Gov't Code. ~' Sec. 30.00010, Gov't Code. '-' Secs. 30.00014 & 30.00019, Gov't Code. '~ Data taken from OCA's IVlunicipal Courts Summary of Reported Activity. Paul Isham is an attorney in I.ago Vista. I-Ie works with TMCEC on special projects. Court of Record? Plcasc email tmcec@tmcec.com if your court has become a court of record (or is u1 the process) by ordinance pursuant to the provisions of Subchapter .A in Chapter 30 of the Texas Government Code. July 2006 Municipal CourtRecarler Page 17 c~ ..~ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 T~.~.~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Public Works Department File Type: Pre Council Agenda Date: 07/21/2009 Agenda No.: PC-2 Status: Pre Council Controlling Body: City Council Final Action: File Name: Discussion of the implementation of the Vehicle Idling Memorandum of Agreement with the Texas Commission of Environmental Quality (TCEQ) Attachments: Memorandum of Agreement Idling Brochure History of Legislative File Version: Date: Acting Body: Action Text: 07/21/2009 City Council Title Discussion of the implementation of the Vehicle Idling Memorandum of Agreement with the Texas Commission of Environmental Quality (TCEQ) Explanation Locally enforced vehicle idling restrictions have been included as a control strategy in the Dallas-Fort Worth 8-Hour Ozone Attainment Demonstration State Implementation Plan (SIP) and are included among several policies the North Central Texas Council of Governments (NCTCOG) is committed to implementing during the 2009 ozone season. The Regional Transportation Council approved a resolution in May 2008 supporting locally enforced vehicle idling restrictions in North Central Texas. The City of Colleyville is within the designated ozone nonattainment area and is now subject to the TCEQ idling limitation rule. In order to comply with this idling limitation rule, and support the enhancement of air quality in the region, the City Council adopted a Memorandum of Agreement (MOA) with the TCEQ in January 2009 regarding public education and enforcement of vehicle idling. As detailed in the public education materials, the idling restrictions do not apply to passenger cars. City staff has initiated public education with the following actions: The attached educational brochure will be available at numerous municipal government offices for distribution to the public. 2. Anti-idling signs will be installed throughout the community and concentrated efforts will be made to install the signs at several roadway entrances into the City and at many shopping center delivery areas. Additional signs will be routinely posted at construction sites and other locations deemed appropriate. City of Colleyville Page 1 Printed on 7/17/2009 Agenda Briefing Continued 3. A link to the NCTCOG idling restriction web site will be posted on the City of Colleyville web site as a resource. 4. Investigate opportunities to work with the Chamber of Commerce to distribute information to their membership. Enforcement action may be performed to ensure compliance with this rule, as deemed necessary, and may include issuing warnings and traffic citations, with penalties of up to $500 per offense. City of Colleyville Page 2 Printed on 7/17/2009 MOA0800001 MEMORANDUM OF AGREEMENT VEHICLE IDLING LIMITATIONS IN THE NORTH CENTRAL TEXAS AREA I. PARTIES This Memorandum of Agreement ("Agreement") is entered into between the Texas Commission on Environmental Quality ("TCEQ") and the local governments signing this agreement (Local Governments), collectively, the "Parties." 1. The Parties represent that they have the authority to enter into this MOA, including the authority granted in the Texas Government Code Chapter 791 Interlocal Cooperation Contracts. 2. The TCEQ has authority under Section 5.229 of the Texas Water Code and Section 382.033 of the Texas Health and Safety Code to enter into this MOA. 3. The Performing Parties have authority under Section 382.115 of the Texas Health and Safety Code to enter into this MOA. II. Intent and Purpose The intent of this MOA is to memorialize the agreement between the Parties to implement the following rules aimed at the control of air pollution from motor vehicles: 30 Texas Administrative Code ("TAC") Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations, Sections 114.510 - 114.512 and 114.517. The parties enter into this MOA for the purpose of delegating rule enforcement from TCEQ to Local Governments and incorporating the emission reductions resulting from the implementation and enforcement of the above-referenced rules into the State Implementation Plan ("SIP"). III. Definitions As used in this MOA the following terms have the meanings given below: 1. "EPA" shall mean the U.S. Environmental Protection Agency. 2. "TCEQ" shall mean the Texas Commission on Environmental Quality. 3. "Local Government" has the meaning assigned by 30 TAC Section 114.510. 4. "North Central Texas Area" shall refer to those Texas counties included in the Dallas-Fort Worth-Arlington (DFW) Texas, Metropolitan Statistical Area. 5. "SIP" shall refer to the State Implementation Plan. 1 MOA0800001 IV. Background 1. Under Section 110 of the Federal Clean Air Act ("FCAA"), 42 U. S. Code (U.S.C.) Section 7410, each state that has anon-attainment area must submit a SIP to the EPA demonstrating strategies to come into compliance with the National Ambient Air Quality Standards ("NAAQS"). 2. Section 110 of the FCAA, 42 U.S.C. Section 7410 requires Texas to submit to the EPA for approval any SIP revisions and to demonstrate that such SIP revisions will not interfere with any applicable requirement concerning attainment and reasonable further progress or any other requirement of the FCAA, as required by Section110(1) of the FCAA. 3. On November 17, 2004, the TCEQ adopted rules concerning locally enforced motor vehicle idling limitations, which are applicable only within the jurisdiction of a Local Government that has signed a Memorandum of Agreement with TCEQ delegating enforcement of the rules. The TCEQ submitted the rules to EPA for approval on December 6, 2004. EPA approved the rules on June 10, 2005. 4. The Parties acknowledge that they have entered into this MOA voluntarily and it shall become binding upon the signature of the Executive Director of TCEQ or his designated representative. The Parties agree to comply with the terms of this MOA. 5. The Local Governments understand and agree that the commitments in this Agreement become federally enforceable by the EPA, and by persons using the citizen suits provision of the Federal Clean Air Act (42 U.S.C.A. Section 7604), upon approval of this Agreement into the SIP. V. Obligations of Parties (A) Performing Parties agree as follows: 1. In accordance with the terms of this MOA, the Performing Parties agree to implement the following TCEQ Rules: a. 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations, Sections 114.510 - 114.512 and 114.517. Changes to these rules shall be incorporated into this Agreement without requiring amendment of this Agreement. 2. The Performing Parties agree to submit the following information to the TCEQ for the rules listed above not later than forty-five (45) calendar days after the effective date of this MOA. a. Detailed description of the plan for implementation of these rules; 2 MOA0800001 b. Copies of local ordinances or resolutions adopted to implement these rules; and c. Copies of agreements entered between Performing Parties and other units of Local Government for the purpose of the implementation of these rules. Agreements entered into after the effective date of this MOA shall be submitted within forty-five (45) calendar days of their execution. 3. Copies of any requisite resolutions under Section 7.352 of the Texas Water Code shall be submitted to the TCEQ within fourteen (14) calendar days after passage by the local governing body. (B) The TCEQ agrees to submit this agreement to the U.S. EPA as a technical support document to the DFW eight-hour ozone attainment demonstration SIP. VI. Term and Termination This MOA will become effective upon signature by the Parties and shall expire on January 2, 2013, unless renewed in writing by mutual agreement of the Parties. A Party may withdraw from this Agreement at any time upon thirty days written notice to the other Parties of this agreement. Withdrawal by a Local Government does not constitute termination of the entire MOA. This Agreement may be terminated at any time by mutual written consent of the Parties. VII. Miscellaneous This MOA represents the entire agreement between the TCEQ and the Performing Parties and supersedes all other agreements, understandings or commitments, written or oral, relative to the intent of this MOA. This MOA may not be amended or modified except pursuant to a mutual written agreement executed by each of the Parties. This MOA shall be governed by and interpreted in accordance with the laws of the State of Texas. MOA0800001 In Witness Thereof, Texas Commission on Environmental Quality and the Local Goverrunents, by their authorized officers, have made and executed this MOA in multiple copies, each of which is deemed an original. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Y~ Name: Mark R. Vicke , P.G. Date Title: Executive Director 4 MOA0800001 Memorandum of Agreement Local Government Signature Page In witness thereof, the City of Colleyville, through its authorized officer, has made and executed this signature page that shall be attached to the Memorandum of Agreement to Control Air Pollution From Motor Vehicles Through Locally Enforced Vehicle Idling Limits, which is hereby incorporated by reference in its entirety. Executed by: CITY OF COLLEYVILLE By: / Name: David Kelly to Title: Mayor COlleyville City Council JAN 0 6 2009 Approved ',~. ..~ a-: nz ~~ _~ ~M o~ x 3~ 3~ ~ o ~ ~ m n 7 ~ ~' O O~ O ~ ~ O_ ~ O X ~ O ~~ O 7 ~ O ~ ~ ~ ~ ~ ~, o °v° ~ ~ boa ~ z fl- X O = ~ ~ v z~ m ~ ~ N r1 ~ .. 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G1 Q Q. ~ D D ro S D rho ~ ro C r~D ~ y 0~ m O O n o'", ~~ O "• O n a~ ~ N .~ 'a O N O ~ ~ (p O ~ l0 rp p ~ ~ C O Q~ O 3 7 3 ip o ~ `a ~ ~ a ~ ~ ~ ~ ~ Q o c~ ~-~ n o a ~° 3 ~ p O~ c0. O O o! rD rp y ~ ~ Q.~ ~ ~ y O N ro fl+ ~ ~ ~ ~ D ~ -, rp n ~ rp 'D O .-r Q n O ~+ '* ~ p S ~. ~ n~i w ~p ~ cSi ~ n ~ O p m O! ~*. m ~ ~ ~ or 7 - O CpC O ~ 3 ~ G ~ I'7 Q O T O m O 7 ~ tC 7 ~ rD or ~~ o -*. o ~~ x ~ y°i, o O y ~ O 7 ;n I" ~ n O -' ~ < O ~' O ~ ~ 3 d O S a y O ~ n O ~. ~ ~ vOi O `G O ~ u+ ~ ~ ~ ~ (~ O ~ S S S O 3 ~ ~ rp rOD ~ "O O v+ ~ X y ~ !p rD O rr O O ~ ~ Q ~ y+ ~ a n O O O O S tG ~ ON ~ 0 ~ ~ ~ o Q _?' in O1 3 ~ O_ ~ ~ (D O ~ ~ 3 ~ m'. ~~ q v n C __ A woman ~, y ~+ ~~ O < ~ .~ N ,..r C rD O C ~~ S~Or ~ O!D .~ ~ ~ N 7 ~ n C O nOi ^, oXi ~ p O v~+ ~ o `^ °~' '^ ~ ~ O+. 3 n S w ~^ r* .-r y O N O O ? -~ to -~;c,~~~ r'D rap O ~ O rD < 3 ~ N ~ v+ '' O Q O ~ ~ rD ~ 3 -. y (D ~ n O 3 7 ~ ~ 7 ~ 7 'O O ~ ~ O ~ -{ Q Gr O to p N o, p cQ. O ~ ~ 0 ~ ~ Q ~ O ~~ ~ ~, ~ 3 2~2 S~ yI ar/ ~ City of Colleyville 100 M~tain Street Colleyville, Texas 76034 ~~~~~~° Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 07/21/2009 Controlling Body: City Council Requester: Finance Department Agenda No.: PC-3 Final Action: File Name: Presentation of the Monthly Financial Report -June 2009 Attachments: June 2009 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/21/2009 City Council Title Presentation of the Monthly Financial Report -June 2009 Explanation General Fund The percentage of current year ad valorem taxes collected is slightly behind that of June 2008. Sales tax revenue received in June increased $21,216 which is 14.07% over the amount received in June 2008. However, $9,566 of the revenue increase was from tax payments for the future tax period of July 2009, and the increase excluding the future payments was $11,650 (7.73%). Forty residential building permits were issued in June, as compared to twenty issued in June 2008. Of the forty new residential permits issued, thirty were for the Village at Colleyville's mixed use building located on Colleyville Boulevard. Permit revenues through June 2009 are $396,000 less than those received through June 2008, and $497,000 less than projected through June 2009. Ambulance revenues remain down over $19,000, due to lower collections. The average amount expended by the General Fund departments at the end of June 2009 is 61.1 % of the total appropriation, verses 61.3% which was projected to be spent. Utility Fund Water usage increased as compared to the amount sold through June 2008. All building related revenues (water installation, sewer installation and engineering charges) are down. The average amount expended by the Utility Fund departments at the end of June 2009 is 62.5% of the total appropriation, versus 63.0% which was projected to be spent. City of Colleyville Page 1 Printed on 7/17/2009 MONTHLY FINANCIAL REPORT -JUNE 2009 GENERAL FUND RECEIVED PROJECTED RECEIVED FY 2009 AS OF ' AS OF AS OF PERCENT REVENUE SOURCE BUDGET 6/30/2009 6/30/2009 6!30/2008 CHANGE Current Taxes $9,616,931 $9,512,809 $9,424,695 $8,786,946 8.26% Delinquent Taxes 55,000 73,544 48,000 51,238 43.53% Penalty & Interest 55,000 61,089 45,000 51,971 17.54% TOTAL AD VALOREM TAXES $9,726,931' $9,647.,442 $9;517,695 $8,890,155 8.52% Oncor Electric Tri-County Electric Atmos Gas AT&T Verizon/Other Telecomm Providers Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits Irrigation Permits TOTAL LICENSES & PERMITS Fines Alarm Fees Library Fines TOTAL FINES $887,190 119,000 340,000 126,100 51,250 135,050 192,900 $1,851,490 $2,561,375 87,000 $2,648,375 $864,473 88,987 63, 376 98,911 58,247 162,772 3, 079 1,400 6, 050 7, 359 15,000 0 $1,369,654 $780,000 45,000 33,600 $858,600 $885, 324 124, 579 476,948 !, 92,948 34,855 98,252 169,911 $1,882,817 $1,460,221 53,298 $1,513,519 $329,787 34, 870 26,135 28,187 40,030 46, 862 1, 842 771 5,055 3,025 8,963 4, 930 $530,457 $599,128 42,475 18,173 $659,776 $887,190 119,000 340,000 94,575 38,438 95,660 144,675 $1,719,538 $1,423, 505 65,250 $1;488,755 $648,355 66,740 47, 532 74,183 43,685 122, 079 2, 309 1, 050 4, 538 5, 519 11, 250 0 $1,027,241 $585,000 38, 000 25,200 $648,200 $869,180 110, 560 338,969 94, 961 41,342 99,604 144, 375 $1,698,991 ~ $1,377,714 61, 003 $1,438,717 $573,864 63,882 43,783 55, 308 55, 371 111,868 1, 558 865 6,445 4,630 8,900 0 $926,474 $736,743 42, 225 20,268 $799, 236 1.86% 12.68% 40.71 -2.12% -15.69% -1.36% 17.69% 10.82% 5.99% -12.63% 5.20% -42.53% -45.41 -40.31 -49.04% -27.71 -58.11 18.23% -10.87% -21.57% -34.67% 0.71 100.00% -42.74%0 -18.68% 0.59% -10.34% 17.45°!0 MONTHLY FINANCIAL REPORT -JUNE 2009 REVENUE SOURCE FY 2009 BUDGET Re-zoning $13,201 Plat Fee/Site Plan 21,038 Board of Adjustment 2,040 Sale of Material 3,020 Weed Mowing 10,000 Animal Impoundment 3,250 Ambulance 250,000 Recreation Program 168,130 Non-Resident Fee Parks 20,050 Field Use Charge 17,700 Engineering & Inspection 100,000 Chgs & Reimbursements 2,000 Colleyville Center Rental 230,000 Lot Drainage Insp Fee 25,000 TOTAL CHARGES FOR SERVICE' $865,429 DARE Officer Reimb $89,792 TOTAL INTERGOVERNMENTAL $$9;792 Sale of Surplus Property $17,000 Interest Income 255,000 Miscellaneous 55,000 Use of Available Cash 833,523 Antenna Lease 64,000 TOTAL MISCELLANEOUS $1',224,523 Transfer from Utility Fd TOTAL TRANSFERS $756,787 $756;787 RECEIVED A5 OF 6/30/2009 $3, 327 14, 824 625 714 2,969 1,802 177,558 121,606 22,840 23,085 1,172 0 183, 851 7,000 $56:1;373 $89, 792 $89, 792 $26,105 128, 804 76, 585 0 37, 895 $269,:3$9 $0 $0 PROJECTED AS OF 6/30/2009 $9,901 15,779 1, 530 2, 265 7, 500 2,438 187, 500 132,000 20,050 17,700 75, 000 1, 500 172,500 18,750 $664,412 $0 $0 $17,000 135,000 45,000 0 36, 000 $233,000 $0 $0 TOTAL GENERAL FUND REVENUES $19,391,581 $15,154,565 $15,298,840 RECEIVED AS OF 6/30/2008 $7,442 18,788 1, 000 1,770 5,856 3,679 196,671 143, 556 24,170 18,720 164,706 3,825 198, 888 16,725 $805, 796 $0 $0 $0 264,087 79, 865 0 63,365 $407, 317 PERCENT CHANGE -55.29% -21.10% -37.50% -59.66% -49.30% -51.02% -9.72% -15.29% -5.50% 23.32% -99.29% -100.00% -7.56% -58.15% -30.33% 100.00% 0.00%a 100.00% -51.23% -4.11 0.00% -40.20% -33.86% $0 0.00% $0 0.00% $14,966,685 1.26% MONTHLY FINANCIAL REPORT -JUNE 2009 TOTAL PERCENT FY 2009 THROUGH THROUGH INCREASE INCREASE BUDGET 6/30/2009 6/30/2008 (DECREASE) (DECREASE) OF CURRENT TAX ROLL COLLECTED 99.0% 97.98% 98.23% -0.25% -0.25% RESIDENTIAL BLDG PERMITS 160 81 117 (36) -30.77% COMMERCIAL BLDG PERMITS 10 4 21 (17) -80.95% PLUMBING/MECHANICAL PERMITS 1,200 877 1,149 (272) -23.67% ELECTRICAL PERMITS 400 269 398 (129) -32.41% CITATIONS ISSUED 11,000 8,226 12,235 (4,009) -32.77% CITATIONS APPEALED 550 511 458 53 11.57% GENERAL FUNQ EXPENSES City Council and Secretary City Manager Finance Legal Engineering Economic Development Building Inspection Community Development Fire Police Parks Recreation Streets & Drainage Library Communications Colleyville Center Human Resources Municipal Court Fleet Maintenance Building Services Information Services Capital Equipment Reserve Transfer to Art Fund Performance Pay TOTAL EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2009 THROUGH PROJECTED. 75% OF THE BUDGET BUDGET 6/30/2009 EXPENDITURES .YEAR COMPLETED REMAINING $588,992 $348,930 $347,736 59.2% $240,062 589,919 486,956 486,790 82.5% 102,963 489,945 373,420 375,284 76.2% 116,525 106,823 128,525 71,215 120.3% (21,702) 553,500 322,033 335,314 58.2% 231,467 265,724 34,686 36,385 13.1% 231,038 488,822 315,907 313,285 64.6% 172,915 248,480 167,285 167,366 67.3% 81,195 3,851,923 2,697,169 2,711,713 70.0% 1,154,754 4,285,946 2,909,971 2,926,977 67.9% 1,375,975 1,593,531 1,014,848 1,018,598 63.7% 578,683 338,918 214,725 219,493 63.4% 124,193 2,703,322 925,163 945,095 34.2% 1,778,159 723,607 458,305 456,024 63.3% 265,302 222,531 164,559 163,011 73.9% 57,972 385,151 254,601 260,723 66.1% 130,550 231,111 159,707 159,106 69.1 % 71,404 255,870 178,751 178,336 69.9% 77,119 211,963 147,447 147,459 69.6% 64,516 244,691 172,646 179,278 70.6% 72,045 451,788 300,177 307,071 66.4% 151,611 135,000 65,588 65,587 48.6% 69,412 7,500 0 0 0.0% 7,500 396,351 0 0 0.0% 396,351 $]9,3:71,408 $11,841,399 $11,871,846 61.1% $7,530,009 MONTHLY FINANCIAL REPORT -JUNE 2009 UTILITY FUND REVENUESOURCE Water Sales Sewer Sales Sewer Installation Water Installation Sewer Tie-on Charges Engineering Charges Penalties Miscellaneous TOTAL OPERATING INCOME Interest Income Use of Available Cash TOTAL NON-OPERATING INCOME TOTAL INCOME RECEIVED PROJECTED RECEIVED FY 2009 AS OF AS OF AS OF PERCENT BUDGET 6/30/2009 6/30/2009 6/30!2008 CHANGE $7,341,404 $4,848,379 $4,570,134 $4,427,165 9.51% 2,264,638 2,000,915 1,698,479 1,732,673 15.48% 22,900 5,500 17,175 19,090 -71.19% 48,000 14,400 36,000 35,220 -59.11% 5,000 9,000 3,750 4,862 85.11% 35,000 2,459 26,250 68,468 -96.41 168,106 129,275 126,080 124,141 4.14% 15,000 12,470 11,250 11,274 10.61 $9,900,048 $7,022,398 $6,489,117 $6,422,893 9.33% $350,000 $98,131 $250,000 $284,406 -65.50% 100,000 0 0 0 0.00% $450,000 $98,131 $250,000 $284,406 -65 50% $10,350,048 $7,120,529 $6,739,117 $6,707,299 6.16% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 6/30/2009 6/30/2008 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 1,423,721,700 1,326,897,900 96,823,800 7.30% NUMBER OF WATER CUSTOMERS 8,924 8,860 64 0.72% UTILITY FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2009 THROUGH PROJECTED 75% OF THE BUDGET BUDGET 6/30/2009 EXPENSES YEAR COMPLETED REMAINING Administration $214,836 $147,818 $150,697 68.8% $67,018 Billing 576,216 309,278 321,050 53.7% 266,938 Operations 7,459,221 4,942,650 4,977,360 66.3% 2,516,571 Debt Service 885,482 822,466 822,466 92.9% 63,016 Merit Adjustment 48,536 0 0 0.0% 48,536 Transfer to Art Fund 7,500 0 0 0.0% 7,500 Transfer to General Fund 756,787 0 0 0.0% 756,787 TOTAL EXPENSES $9,948,578 $6,222,212 $6,271.,573 62.5% $3,726,366 C%i ' o/ ~ City of Colleyville 100 Mltain Street Colleyville, Texas 76034 ~r.~.,,: Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Office of the City Manager File Type: Pre Council Agenda Date: 07/21/2009 Agenda No.: PC- 4 File Name: Update and review of Fiscal Year 2009 (FY 2009) Work Plan Attachments: 2009 Work Plan Update.pdf History of Legislative File Final Action: Version: Date: Acting Body: Action Text: 07/21/2009 City Council Title Update and review of Fiscal Year 2009 (FY 2009) Work Plan Explanation This item is provided as an update and review of the attached FY 2009 Work Plan and provides an opportunity for discussion and direction from City Council. The attached work plan was used as the guide for developing the FY 2009 budget and funding for the various tasks and objectives presented during the August 2008 budget worksession. Since the approval of the budget in September 2008, staff has been working toward completion of the work plan objectives. A few highlights are mentioned below with a complete report attached. Fostering a Commitment to Community Investment Community Development staff will present for your consideration (at the August 4, 2009 Council meeting) an implementation plan for the entryway and wayfinding signage as well as continued work with the consultant on the SH26 Redevelopment Overlay District. Another worksession is anticipated for Council consideration and review of draft district requirements in August 2009. The second "Shop Colleyville" program is currently underway, although not as successful as staff had hoped. Additional research and consideration for future loyalty marketing campaigns will be forthcoming at the recommendation of the new economic development director. The Engineering Department staff is currently working with The Fort Worth Transportation Authority regarding design and construction of quad gates for all three rail crossing locations. Design should be complete in FY 2010 and construction initiated in 2011. Status: Pre Council Controlling Body: City Council City of Colleyville Page 1 Printed on 7/17/2009 Agenda Briefing Continued Engineering staff has also begun work on the Capital Improvement Plan (CIP) approved by City Council this past fall. Additionally, included in their work is the bidding and constructing of sidewalks as proposed by the Colleyville Trails and Sidewalks Committee and approved by City Council July 7, 2009. In addition, the microresurfacing and street rehabilitation is complete in Tara Plantation and Saddlebrook Drive has also been rehabilitated. Continue focus to delivering superior services and demanding results The Fire and Police Departments have implemented the Rehab One and Citizens on Patrol programs respectively. Continued planning and training is required to develop a combined Citizen Corps and is estimated for completion within another one to two years. The Fire Department has implemented the clown program, a new piece of equipment for completion of successful IV starts on patients, a new radio replacement program and evaluation of a fiber optic laryngoscope. The Police Department has implemented neighborhood traffic speed monitoring signs and is studying, as part of the Northeast Tarrant County Radio Consortium, an advanced radio system technology which allows interoperability among member cities. The Public Works Department has completed the implementation of the 2002 Utility Homeland Security Study and implemented a variety of technological enhancements for vehicle diagnostics, Texas Commission on Environmental Quality (TCEQ) reporting and AutoCAD upgrades. Continue organizational development with a focus to - Beina the Best Human Resources presented the annual compensation survey during the May 2009 budget worksession. Additional discussion and recommendations will be forthcoming in the FY 2010 budget presentation in August. In addition to this work, a new performance evaluation form was implemented this fiscal year focusing on core competencies as outlined in the Workforce Development Sustainability Plan. Next steps include implementation of a rewards and recognition program, orientation process and the core values as recommended by the management team. Sustain a reputation for excellence Staff has implemented the purchase of the Blades, SAN Server and VMware technology infrastructure. Staff is currently formulating a plan for future technology needs, which includes items such as a financial database software system, use of CRW for other departments, wireless access points throughout City Hall, improved A/V system for meetings, fiber network connections, and higher grade wireless nodes. This plan is projected for presentation to the City Manager during FY 2010. Community Development staff will be bringing forward final recommendations for Chapter 5 - Tree Preservation of the Land Development Code later this year as well as continuing efforts to promote green practices through continuation of the eyes and ears code enforcement program, full implementation of the CRW permitting software, implementation City of Colleyvil/e Page 2 Printed on 7/17/2009 Agenda Briefing Continued of IVR system and handheld field computers and evaluation of building codes, seeking ways to improve building efficiency that reduces the impact upon the environment. The Parks Department is working on the completion of McPherson Park final phase, completion of the 1/2 mile hike and bike trail within the Senior Center Open .Space and updating the Parks and Recreation Master Plan is slated to begin during the fourth quarter of FY 2009. Fleet services has analyzed various options for replacement of gasoline-diesel powered vehicles with hybrid engines as well as moving equipment to synthetic oil which will provide for an increase in fuel economy and extended oil changes reducing maintenance costs. City of Col/eyville Page 3 Printed on 7/17/2009 TCxa$ 7c~ce~dd ~'eigl~onlroada~~xe~e,~it~oorae ~e~~e 2009 ANNUAL WORK PLAN ~?a~i~c~e cd a oiwdee cctiy uat~i at~~tiacs to P~ei~r~ a~ e~~ct a~sd a~~catt`iue ~on~saad - onie~ated caasr~audritry ~cdcfu,~e to oun l ~uttauy, aeQOU~ced acrd n~Qide~r~. Foster a commitment to community investment Objective: Make Colleyville more prosperous through economic development efforts. Success defined: To make Colleyville more prosperous with a focus on promoting the City as a place for unique and boutique retailers and offering the City as a destination place. Tasks - ^ Coordinate with consultant completion of a Redevelopment Overlay District for the Glade Road corridor for State Highway 26 and staff preparation of supporting ordinances and marketing materials. (RON) A joint City Council and Planning and Zoning Commission meeting was held April 14, 2009. This meeting provided a project update, discussion of design elements for residential components and provided direction regarding final design guidelines. Another work session is planned for August 2009 to presenf a draft version of the design guidelines. A stakeholder (community) meeting will be planned in fiscal year 2010 following approval of the draft guidelines. This meeting will include property owners within the overlay district and the surrounding owners within the 200 foot limit as required with the purpose of gaining public feedback to the overlay district draft guidelines. Continue a citizen based evaluation of viability of connection with the Cotton Belt Commuter Rail and various community-environmental issues associated. (KELLY and STEVE) The commuter rail committee completed their evaluation and made the final presentation to City Council in December 2008. Staff is working in coordination with the Fort Worth Transportation Authority (The T) for completion of quad gate design and construction. The quad gates are projected for design in fiscal year 2010 and construction in fiscal year 2011. Additional coordination of efforts will be made with the T regarding sound mitigation and other community environmental issues as information becomes available. ^ Retain a consultant to develop a preliminary concept plan for the Bear Creek pedestrian corridor with an integrated focus for the Glade .Road corridor for State Highway 26. (STEVE) In Fall 2008, an engineering services proposal was obtained to complete the first stage of the corridor plan. The study was scheduled to begin spring 2009 if funding was available. Due to current economic conditions, this funding was frozen and staff is currently researching potential grant opportunities through the Corps of Engineers or other sources. To date appropriate funding sources have not been located. ^ Continue funding of a "shop at home" cooperative promotional awareness program. (MONA) The second Shop Colleyville program, "Super Summer Savings Spectacular'; began June 2009 with several local businesses participating. Due to lack of business interest, the third program slated to kick-off in the fall 2009 has been cancelled and another type of loyalty marketing campaign will be researched in participation with the City's new economic development director. 2of15 ^ Continue the work by a consultant with the development of a City entry marker program by developing design prototypes, location, scheduling and funding sources. (RON) Final recommendations were presented to City Council April 7, 2009. An implementation plan will be presented to City Council for discussion and direction August 4, 2009. Prepare a staff based preliminary strategic plan towards developing an alignment plan addressing implications caused by the "baby-boomer" impacts for community services and retail-residential development opportunities. (RON, TOMMY, RUSSELL and MONICA) Research and analysis began in the second quarter of this fiscal year through the efforts of four departments (Police, Fire, Parks and Community Development). Community Development will complete the analysis with a focus on trends regarding changes in age distribution. Secondly a housing and commercial land use analysis will be conducted to determine housing a commercial land use trends. Finally, an active adult needs assessment scenario will be completed based upon demographics, housing and land use analysis. The assessment will be used to develop a preliminary direction to address the City's active adult population with regard to housing, commercial construction, transportation, parks and recreation activities, medical services and public safety needs. Staff anticipates the needs assessment complete in the fourth quarter with a draft plan complete in fiscal year 2010. In conjunction with this, the Fire Department has included the development of a long range plan for addressing senior citizen needs in service delivery and this is included in the Fire Department's 10 year strategic plan. In addition, staff has purchased pre-printed information brochures for distribution at the Senior Center and has implemented awareness programs as appropriate for Colleyville seniors by placing information at the Senior Center and providing educational presentations. Objective: Enhance the maintenance and reconstruction of City infrastructure. Success defined: To have a public works infrastructure system properly maintained and funded providing effective management meeting citizens service demands and expectations with special attention towards enhancement of the maintenance and reconstruction of streets. Tasks - ^ Continue staff work in the development of a City Council approved multi-year interoperable CIP for trails-sidewalks; streets; utilities and drainage projects. (sTEVE) The Capital Improvement Plan (CIP) was approved by Council this past fall for street projects. The plan includes proposed water main replacement and drainage improvements in conjunction with street projects. A master sidewalk supplemental plan was also approved by City Council in November 2008. In the second quarter, staff initiated design of proposed street projects adopted in the CIP for fiscal year 2009 as well as received approval from City Council to bid and construct the following sidewalks: Beverly Drive, from Leta Lane to Bransford Road (Base Bid) and alternate sidewalks of Shelton Drive, across 804 Shelton Drive (Alfemate 1) and Shelton Drive, from 800 Shelton Drive to Theresa Lane (Alternate 2) as proposed by the Sidewalk and Trails Committee. Glade Road and Pool Road intersection study is complete and the City also held a public meeting to receive input from citizens. The project design phase was presented to City Council at the June 16, 3of15 2009 City Council meeting. The Tara Plantation micro resurfacing and rehabilitation of streets are complete. In Addition, Saddlebrook Drive was rehabilitated through an Interlocal Agreement between the City of Colleyville and Tarrant County Public Works. The work involved the county re-stabilizing the pavement subgrade and placing and 4 inch asphalt surface. As part of the agreement, the City paid for the cost of construction materials. This project should provide many years of service life with the City pen`orming periodic maintenance of the surface. In addition, several streets will be resurfaced as part of the street resurfacing annual program. Those streets include: Cheek-Sparger Road (Tamblewood Drive to Buckingham Place) Deepwood Road (Cheek-Sparger Road to Hickory Hill Lane) Westcoat Drive (McDonwell School Road north to change of pavement) L.D. Lockett Road (Lowrie Road to Precinct Line Road) West Glade Road (Colleyville Boulevard to Bransford Road) Bedford Road (Cheek-Sparger to Glade Road) Staff development of an evaluation instrument for City Council consideration of capital projects attentive to the best leveraging of funding sources valuing the use of available cash, public donation opportunities, debt management, etc. (TERRY) Staff is currently working on this item and should be complete by the end of July 2009 with a presentation to the City Manager for use in evaluation of projects. An example of this in use was information presented to City Council for evaluating the Colleyville Center renovation/expansion options. Staff support continuing the development of a planning study, in conjunction with by the North Central Texas Council of Governments, identifying "best practices" for traffic management initiatives incorporating traffic calming techniques with special focus to alternative transportation means towards promoting a pedestrian friendly plan. (STEVE) Staff routinely receives reports from NCTCOG regarding general information on transportation enhancements, including traffic calming techniques. The division assigned to assist municipalities in traffic calming was discontinued this past fall. Staff will continue to consider traffic calming and other "best practice" for traffic management initiatives. One example of this is the Glade and Pool Road intersection that is proposed as a hybrid roundabout with dedicated right turn lanes. As part of all proposed street capital and maintenance projects, consideration will be given to the most optimum management of traffic movement including pedestrian safety in all roadway design and construction efforts. The new master sidewalk supplemental plan is being implemented to ensure more pedestrian friendly access throughout the community. This item is on-going and will continue with the Street CIP and sidewalk plan. Parks and Recreation Department is in the process of a selecting a consultant for the Parks Master Plan update which will include a review and recommendation for implementation of additional trails and trail connectivity Throughout the community. Continue focus to delivering superior services and demanding results Objective: Continue Colleyville being an engaged, safe and secure community. 4of15 Success defined: To provide efficient and user-friendly services that maintain the city as a safe, secure, clean and attractive community for family and business. Tasks - ^ Staff development of a Citizen Corps program recruiting members of the Colleyville Police and Fire citizen police academies. (TOMMY and RUSSELL) The Citizen Corps and CERT implementation is postponed to the fourth quarter of fiscal year 2009 and throughout 2010 with the first CERT training class planned for the end of 2010. The Colleyville Fire Department completed the third Citizen Fire Academy (CFA) class. The CFA Alumni Association (CFAAA) has been formed and is working on their 501 (c) 3 status. The Fire Department and CFAAA have created the Rehab One program which is fully functional, volunteer staffed, equipped and ready to provide rehab response 24/7. In addition the Police Department has worked with the Citizen Police Academy Alumni Association (CPAAA) to create the Citizens On Patrol program with implementation April 2009. These programs will continue to be developed as staffing and budget resources are available. In the current economic climate, building the programs to be self-sufficient is a priority. In addition, continued planning and training is required to develop a combined Citizen Corps with completion estimated in another one to two years. Staff evaluation of the use of appropriate technology and or processes for maintaining and or enhancing neighborhood safety. (TOMMY and RUSSELL) The Report on Crime in Texas lists Colleyville has having the lowest crime rate in Northeast Tarrant County and has decreased each of the last four years. However, the Police Department is continually evaluating various programs and processes to further enhance neighborhood safety. The Police Department recently implemented neighborhood traffic speed monitoring signs. A neighborhood HOA electronic notification system has also been implemented to notify citizens of important information. A similar business based system is being developed. During the first quarter of this fiscal year, the Fire Department implemented the clown program with presentations made to all GCISD schools. A grant application was received for additional support of the clown program for the purchase of sound equipment and a variety of other needed props. Staff also researched and presented to City Council during the first quarter information regarding the implementation of a cost recovery program for Fire Department responses other than ambulances calls. After consideration, direction was given to include recovery fees as part of a fee schedule rather than a contractual agreement with a third party vendor. Staff will continue to analyze fire prevention efforts to all age groups. The fire marshal is currently utilizing CRW software for inspection and reporting which provides real time reporting and response to requests that are made via phone or computer, eliminating redundancy and improving work efficiency and productivity. ^ Staff identification of appropriate state-of-the-art technology and or processes for the police, fire and public works departments. (TOMMY, MIKE and STEVE) The Fire Department staff are constantly reviewing and identifying new products and/or resources to enhance service delivery. Field training officers implemented during the first 5of15 quarter of this year, a new tool identified for the ambulance which enhances successful IV starts on patients with difficult vein identification. Anew radio replacement program for portable radios was approved with the fiscal year 2009 budget to ensure all portable radios are the most up-to-date and maintenance free as possible. As with other Fire Department equipment items, this program now enables regular replacement of radios on an annual basis thereby keeping up with technology and changes in the communication industry related to public safety. Fire Department staff began evaluation (second quarter) of a new fiber optic laryngoscope for intubations, which is anticipated to be implemented by the fourth quarter fiscal year 2009. In addition, staff is planning to attend the International Association of Fire Chiefs Conference in Dallas in August 2009 to research new technological advancements in fire and EMS. In the Pubic Works area, first quarter technology enhancements include upgrade of the fleet maintenance OBDII code reader. This item reads vehicle diagnostics and provides information to assist in assessing and repairing computer control system in vehicles. The MS4 drainage software was upgraded for reporting to TCEQ on storm water quality and outfall conditions. The Engineering AutoCAD design software and hardware was upgraded for in-house design of municipal projects. Second quarter included an upgrade to the SCADA software that reads water levels and hazard conditions in water storage facilities. In the third quarter staff initiated design of the Overland Trail lift station improvements that will also include SCADA software. Alternate pipe materials are being evaluated for reducing construction costs in storm drainage systems. The Police Department continues to research for appropriate and cost-effective technology suitable for police service delivery. The Northeast Tarrant County Radio Consortium, of which Colleyville is a member, is studying the upcoming radio system replacement with advanced technology for interoperability among member cities. Available funding for other technology advances is projected to be unavailable the remainder of this year. ^ Continue City Council funding implementation of the 2002 Utility Homeland Security study. (STEVE) Installation of security equipment including cameras, door alarms and fencing at the new pump station occurred with the completion of the project. This completes the 2002 Utility Homeland Security study. Staff will continue to evaluate other potential security needs on existing utility infrastructure and make reports as necessary. Objective: Develop, expand and promote leisure activity opportunities for the citizens. Success defined: Delivery of efficient and broad based opportunities in support of the needs of the general public. Tasks - ^ Develop a financial implementation plan for the reorganization of the Library to utilize available space providing enhanced support for the children and adults programming. (TERRY and MARY) A first draft of the Library's Spatial Reorganization Plan which included a conceptual capital cost model for the project was completed in the first quarter. This draft was presented to City Council at the October 21, 2008 Pre Council meeting. In December 2008, staff 6of15 received and reviewed the revised draft copy of the Spatial Reorganization Plan from Sam McBain-Mulford, Principal Strategist, Ideation • Collaborative. In the third quarter of fiscal year 2009, staff met with City Manager's Office to review and discuss project overview, timeline and preparation for a joint work session with City Council. June 8, 2009 the Library Board approved the revised plan and made a recommendation to forward the plan to the City Council for review and discussion during a Joint City Council and Library Board Work session scheduled for July 9, 2009. The financial and operational analysis is scheduled to occur after the schematic design is completed. Staff will be seeking direction from City Council to proceed with the schematic design at the joint work session already mentioned. Complete McPherson Park Phase II design by consultant with attention to developing the park as a demonstration botanical garden feature low water tolerant plantings. (MONica) The design is complete and the park is now under construction. Staff incorporated a demonstration garden area in the park as well as a splash pad, windmill, trail completion, parking lot, group pavilion, rock house for educational programs and two structures as historical buildings from the McPherson Dairy. Park completion is expected by winter 2010. ^ Complete the design by consultant of Senior Center Open Space Master Plan. (nnoNiCa) The concept plan was approved by City Council in November 2008. Construction is nearly completed on the % mile hike and bike trail system within the park. Additional phases of the project will be proposed through CEDC fiscal years 2010-2014. Complete the development by consultant of the update for the Comprehensive Parks, Recreation and Open Space Master Plan. (MON~CA) Staff researched information to prepare the RFP for this project in the first quarter of fiscal year 2009. The RFP advertised for consultants and in May 2009 a consultant has been identified. The consultant is currently working on the contract for staff review. Once accepted, staff will present to City Council for approval. The project is slated to begin the fourth quarter of this fiscal year. This will be a new overview since the last 2002 Master Plan update. The new plan will assist in identifying citizen's needs for future park and recreation planning. ^ Development by the citizen's advisory committee of a multi-year fiscally constrained sidewalk and trail plan promoting pedestrian friendly alternative transportation mode. (STEVE) A Master sidewalk supplemental plan was developed by the citizen Trails and Sidewalks Committee and approved by City Council in November 2008. The land development code was updated to include the supplemental plan and determine neighborhood districts for sidewalk escrow use. Currently six property owners have filed appeals and will be presented to City Council at the July 7 and 21 City Council meetings. The trail plan will be part of the Park and Recreation master plan review process slated to begin fourth quarter of fiscal year 2009. Develop a financial implementation plan based on the recently completed master plan for the expansion, renovation and future use of the Colleyville Center. (LAN) 7of15 First quarter staff worked with consultants, Weinstein, Clower and Associates and Komatsu Architecture, who completed and presented their findings to the Center Advisory Committee. The Center Advisory Committee unanimously voted to proceed with recommendations to City Council of the February 24, 2009 Pre Council meeting. Upon review, Council requested staff provide additional information including apro-forma or a full financial analysis of expansion and renovation options with funding options identified. Staff presented a project cost analysis and proposed financial analysis with projections extending through fiscal year 2018 for Council discussion on March 24, 2009 Pre Council. Council requested additional time to review the status of fiscal year 2010 budget and the Colleyville Tomorrow Fund as a potential funding source. Should funding be allocated to this project, implementation would not occur until the fiscal year 2010 budget. Continue organizational development with a focus to -Being the Best Objective: Effectively utilize and promote Col/eyville's paid and volunteer human resources Success defined: Employees consistently demonstrating the core principles through effective hiring and retention programs along with an inviting and involved role for citizen participation in the delivery of customer service. Tasks - ^ Continue implementation of the Workforce Development Sustainability Plan by: / Continuing Compensation Market Analysis with incremental steps taken to reach 110% of market by 2015. (ELISE) The annual compensation survey was conducted to determine market comparisons of Colleyville salaries to the seven bordering/surrounding cities. Of the 56 positions surveyed, 66% were below market. Staff presented the data and analysis to City Council at the budget work session in May 2009, with the recommendation to adjust 65 positions (covering 167 employees). During the work session, City Council discussed the fiscal feasibility of the goal that all employees with five years of service achieve 100% of market position. / Performance Evaluation Taskforce -Continue the evaluation, research and study for best practices of public and private entities to increase effectiveness of the performance evaluation process while also implementing the core competencies as a major part of the overall pay for performance initiative. (ELISE) The Performance Evaluation Taskforce completed this project spring 2008 with implementation of fhe new performance evaluation tool in October 2008 (fiscal year 2009). This item is complete. In addition to the Performance Evaluation, staff has also taken on a review of rewards and recognition program and the orientation process for on-boarding new employees. The Council approved the core values as recommended by the Management Team in the third quarter (integrity, service, innovation). As those values are now being 8of75 communicated to employees, the recognition program can be implemented. The forms associated with the program as designed by the Colleyville College Executive Leadership College in December 2008 are under development with the entire program being communicated to employees the first quarter of fiscal year 2010 and implementation of the recognition program at the Recognition Banquet in December 2009. Staff will begin research and review of the orientation process through the use of a committee beginning the fourth quarter of this fiscal year. The orientation process enhancements will include an introduction to the Col/eyville culture, communicating the City's values, service level expectations and priorities. It is anticipated that recommendations will be complete by the second quarter of fiscal year 2010. / Evaluating and improving the exit interview process' to identify areas for the enhancement of employee relations. (ELISE) Staff has completed the revised exit interview questionnaire with the goal to better assess attitudes and opinions of exiting employees. The new survey has been implemented. The tracking tool is being finalized, and the first annual report of results will be presented to management at the beginning of fiscal year 2010. ^ Evaluate "best practices" for consideration in structuring acafeteria-style benefits program to include wellness-based initiatives as well as other benefit options to enhance the overall benefits program. (ELSE) The City recently retained a new benefits broker/consultant, Cooper Corporate Solutions. Cooper has agreed to help the City analyze the feasibility of offering employees a true cafeteria-style benefits plan. The City's plan might offer each employee (who is eligible for benefits) the same dollar contribution and a variety of benefits from which the employee may choose to spend those dollars. These findings will be presented to and discussed with both the City Manager's Office and Employee Benefits Committee. Due to the transition of brokers and the work intensity of the bid process, this work plan initiative has been moved forward to fiscal year 2010. It is projected that the feasibility study will begin during the first quarter with the presentation of findings during the second or third quarter. ^ Evaluate development of a citizen education program focused on community leadership training for prospective-current board and commission members. (KELLY and cYNTH~A) Project research has been initiated in June 2009. Research should be complete by September 2009, with plans to meet with a few select cities regarding their program during the first quarter of fiscal year 2010. Plan development is scheduled to take place during the second quarter of fiscal year 2010 to include discussion with the city manager and management team for additional input. A final recommendation to City Council is planned for the third quarter fiscal year 2010. Sustain a reputation for excellence Objective: Ensure fiscal integrity and stewardship of the City's fiscal resources. 9of15 Success defined: To bring the financial picture into balance by identifying expenses and revenues that sustain city growth and support service levels, while maintaining strong fiscal accountability and financial stewardship. Tasks - ^ Update of the annual five-year financial plan identifying anticipated revenues and corresponding expenses. (TERRY) This item is complete as it was presented to City Council at the budget work session in May 2009 as a ten year plan. ^ Implement the first year of the TMRS program attaining at least an 85% funding ratio. (TERRY) This item is complete. The fiscal year 2009 budget implemented the TMRS funding at a 100% funding ratio. ^ Retain a consultant to prepare: o a study evaluating implementation of automated utility meter recording programs (STEVE) The first quarter of fiscal year 2009, staff performed an extensive in-house study. The results of the study revealed that implementation and installation of automated utility meter recording would initially cost approximately $2.5 million. Although the full implementation of this type of program would increase work efficiency and enhance customer service, the City would be required to budget annual maintenance and replacement funds for the meters and recorders. It was estimated that there would be a very long term for payback of the initial investment. Staff will continue to evaluate the potential for implementing the meter recording program in the future and will continue to research alternative methods for providing optimum meter reading services. o an evaluation of the current and long-term computer server capabilities (Pain) During fiscal year 2009, staff completed the approved purchase for the Blades, SAN Server and VMware technology infrastructure. With this purchase and the 15-20 year lifecycle for this equipment, our server capability is now sufficient to handle current needs with some additional room for growth. Currently the City has two Blades providing 64 GB of RAM and 16 processors. Staff is currently working to virtualize most servers (a few will need to remain as stand alone). Additional purchases of modular pieces (set of Array Discs) will complete the virtualization process and allow for future growth and space requirements. The core of any data center is its storage area network (SAN) server. With the fiscal year 2009 purchase of the new San server, the storage capacity is scalable up to 96Tb (1000 GB = 1 Tb) which will comfortably fit future data storage requirements. This system centralizes storage for all data and servers. In consideration of possibly moving to a paperless system, the need for a disaster recovery site is imperative and can be reached by a Blade and SAN Server system mirrored at the Justice Center. By doing this, a copy of the core data center is kept in real time at this second location. 10 of 15 Staff is continuing to monitor the thin client technology and associated costs. VMware and storage arrays virtualization of the desktops on the network are the next step in computer replacement. Staff is currently formulating a plan for future technology needs which include a financial database including a human resources module; evaluation of expanded uses of CRW for other departments such as Engineering and Public Works;, wireless access points throughout City Hall; improved A/V System for City Council meeting broadcasts; fiber network connections between heavy traffic areas (Justice Center, Public Works) or higher grade wireless nodes that have 100 MB or better throughput. In addition, staff has established a switch and router rotation plan for maintaining the backbone of the network. Currently there are 17 Cisco devices and 15 Extreme network devices. The Extreme network devices are in rotation to be phased out and replaced with Cisco devices due to better technical support for our network. Staff prepare a study identifying realist, viable and cost-beneficial "paperless" software programs (KELLY, PAUL AND CYNTHIA) In order to fully implement the paperless initiative, the city secretary/records management officer determined the City must have a disaster recovery backup site. The information services manager determined the Blade system with a SAN server mirrored at the Justice Center as the best option to accomplish the backup site requirement. This backup site would provide the essential backup of all electronic documents to meet the requirements as set out by the State Library Archives Records Retention Schedule. A request has been made with the fiscal year 2010 proposed budget at a cost of $120,000. Several departments are currently working with the City Secretary's Office to implement the paperless initiative. The Human Resources Department scans all files and is researching document signing options to finalize the paperless implementation within fhe department. A new HRIS module will be purchased with the financial software in the future providing on- line services for all Human Resources functions. The Community Development Department currently scans all Planning and Zoning Commission packets, Zoning Board of Adjustment and Sign Board of Appeals agenda packets to Laserfiche and additional department documents are planned to be processed through Laserfiche in the near future. Building Inspections has implemented CRW which provides for request and completion of inspections via electronic format, including voice recognition over the phone. Currently Engineering and Building Inspection require plans to be provided in paper and electronic format. This is an on-going project that will be completed to the extent possible as software becomes available for departments and a disaster recovery site is established. Objective: Enhance the promotion and preservation of natural resources. Success defined: To work toward the promotion of Colleyville's natural resources. Tasks - ^ Increase annual tree planting and streetscaping with supplemental funding provided with the 2009 budget. (MONICA) 11 of 15 First quarter staff met with a developer regarding tree donations. These trees where planted in City Park during the second quarter of fiscal year 2009. Tree plantings identified for the Justice Center did not come to fruition due to developer refusing the City's request. Additional trees were incorporated into the Glade Road and Bogart Road project streetscapes and the final phase of McPherson Park also incorporates a variety of trees including a tree farm along the second park entrance. Staff is currently researching opportunities for new tree plantings in the Senior Center Open Space. In addition, the City hired Burditt consultants to undertake a review of Chapter 5 -Tree Preservation in the Land Development Code. The report was completed in December 2008 and the final recommendations contained in the report were reviewed at a joint meeting with City Council and the Planning and Zoning Commission in May 2009. Amendments to the tree preservation regulations contained in the Land Development Code will be brought forward for consideration during a Pre Council meeting August 2009, with final recommendations for approval either fourth quarter this fiscal year or first quarter of next fiscal year. Continue evaluating community based planning identifying "best practices" for consideration in adopting a "Green" initiative focusing on: / Building Codes (BILL ELLIOTT) Staff has continued efforts to promote green practices through continuation of the following: (1) the "eyes and ears program" educating the public on good conservation practices; (2) full implementation of the new CRW permitting software December 2008, adding public access computer to building inspections during the second quarter of this fiscal year, implementing the IVR system and handheld field computers May 2009, which eliminate excess paper use, improve staff efficiency and reduce gas consumption by reducing time spent at job sites; (3) reducing illegal sign pollution through education of sign regulations and code enforcement; (4) continuing evaluation of building codes seeking ways to improve building efficiency that reduces the impact upon the environment. / Reduction of yard waste through education and collection initiatives (CHRISTINE) Staff is continuing to evaluate and is anticipating completion of research by October 2009. This will include an analysis of area cities, various professional organizations and vendors for suggestions and options. Staff is anticipating presenting a draft plan for education and collection initiatives to the city manager by second quarter fiscal year 2010. / Enhancement of community recycling programs (CHRISTINE) Staff is continuing to evaluate and is anticipating completion of research by October 2009. This will include an analysis of area cities, various professional organizations and vendors for suggestions and options. Staff is anticipating presenting a draft plan for recycling initiatives to the city manager by second quarter fiscal year 2010. In addition, staff is researching various options to begin an internal recycling program through Abitibi. It is anticipated that implementation of this program .will take place within the next few months. In addition, staff has become part of the North Central Texas Council 12 of 15 of Governments Regional Recycling Coordinators group in an effort to network, share ideas and support efforts on a regional level. / Fund a botanical demonstration garden at McPherson Park utilizing Utility Fund funding for citizen education on use of water tolerant plantings. (MON~CA) The Master plan for McPherson Park was approved by Parks Board and City Council earlier this year. The project was bid to include a demonstration garden area for educational purposes. This area of the park is designed to have four different gardens utilizing water tolerant plantings. Staff anticipates working with the Colleyville Garden Club to educate the public on different types of gardens utilizing the Rock House as optimum space for instructional classes. The project is scheduled to be complete in fiscal year 2010. / Identify replacement of gasoline-diesel powered vehicles with hybrid engines and bio- diesel fuel. (STEVE, TOMMY, RUSSELL and MONICA) Fleet Services is continually monitoring alternative fuels and powered vehicles for inclusion into the fleet considering cost effective alternatives and safe, environmental solutions to the City's transportation needs. Staff has met to discuss alternative fuels and the opportunities available for consideration. Several alternative fuel and types of vehicles were discussed: Biodiesel: The closest fueling station is Fort Worth. Limited accessibility eliminates this as a viable option at this time. Staff will continue to monitor for future opportunities. Extreme Biodiesel: At this time staff is not aware of any local purchasing options for extreme biodiesel fuel. To consider this as an option, the City would have to become a production site of the fuel. This would require purchasing of equipment, the required product and additional specialized personnel with appropriate knowledge and certification due to the chemistry involved. Staff analysis is that this not a feasible option due to associated capital and operational costs. Propane: Currently, propane costs as much as gasoline and it is less fuel efficient, taking double the propane to drive the same distance as it would gasoline. The positive to propane is that it does burn cleaner than gasoline. Staff experienced maintenance issues with vehic%s using propane due to engine computers not designed for propane. Propane is an option for cars, pick-ups and administrative vehicles. With appropriate storage tank, vehicles could be filled at the Public Works Service Center. This option will only be cost effective if gas prices move to the $4.00 per gallon and propane stays at the current price of approximately $2.00. E85: is an 85% ethanol/flex fuel option. This is clean burning fuel but poor economy and expensive to operate. Availability is also an issue. Electric: Electric vehicles could only be used for in City driving; however, the plug-in charger creates more pollutants in the air than a gas vehicle. The drive range is limited to 40 miles on the battery before recharging is required. It is possible that the load on the electrical grid could be an issue at the location of plug-in. This is only a viable option for meter readers or administrative vehicles that are used for in town/Metroplex locations. When considering cost, functionality, and cleanliness to environment, this is not a feasible option. Air Powered: This vehicle is similar to a smart car. These are small cars with a steam pump that generates air propelling the vehicle. The maximum speed is approximately 13 of 15 60mph. This is not a great option due to the vehicle size. There is limited ability for carrying necessary tools; it is not large enough for more than one person and no air conditioning. Three Wheel Vehicles: These are considered a type of motorcycle and although may get great fuel efficiency, these are not an option because they do not meet standard vehicle safety standards. Hybrids: Currently the City has three hybrid vehicles. The first is a Prius, which is used by the meter readers. Due to limited driving, typically five to ten miles per day, the City is not seeing the benefit of this vehicle for the expenditure. The other two vehicles are SUV's being used by the water superintendent and Engineering Department staff. Other hybrid options available are the Ford Ranger, a full size hybrid Chevrolet, and a GM hybrid % ton pick-up. The pick-up gets approximately 21-22 miles per gallon. Fuel economy, cost and the replacement program are all concerns. With an eight year replacement program (consideration also given to mileage and maintenance) on City vehicles, the cost doesn't necessarily provide the return on the investment. At this time, the cost of the vehicle is more expensive than regular gas power and staff is monitoring whether the potential fuel savings offset the cost or provide savings to the City. This is the best option for environmental impact. Staff will continue to evaluate purchasing opportunities as vehicles are replaced. Compressed Natural Gas (for heavy equipment): Due to the nature of this type of gas, a licensed technician is required to fill the vehicles at a high pressure pump station (4000psi). The equipment would have to be filled over night at the fill station. Currently, there is not a location locally for fueling equipment with compressed natural gas. Safety is a key issue as this is very explosive material. An employee can't take a vehicle to the fuel station and fill it themselves. The City would be required to hire a specific licensed technician to perform these duties; therefore, this is not an option at this time. Retrofit Tandem Axle Diesel: Some heavy equipment pieces are capable of being retrofitted with a new cleaner running engine. There is no place in the area that accommodates retrofitting for heavy equipment and when staff evaluated the equipment eligibility for retrofitting, GMC indicated that due to age (17 years and older) the City equipment does not qualify. In addition, Fleet Services has taken the following action to enhance service of City vehicles, promote cost savings and environmental sensitivity: Synthetic Oil: Fleet Services has changed several pieces of equipment to synthetic oil as a pilot program last year. With varying results, staff has seen improvements in fuel economy and extended oil changes from 3, 000 to 5, 000 miles which is reducing maintenance costs, waste oil and used oil filters. Police patrol cars are the largest use of oil. Staff has a time table to move all vehicles in the fleet to synthetic oil which will provide an estimated overall savings in fuel costs Citywide by 2-3%. Emergency Lighting: Many non-public safety vehicles have emergency lighting for employee safety. Because of this lighting, the vehicles remain idling while the employee is working in the medians, etc. Fleet services is working on an auxiliary battery supply that will last for three hours, isolate the lights to this battery so the vehicle engine can be turned off, keeping the employee safe while providing a fuel savings and low emissions. Once perfected, this can be incorporated on all lit non-public safety vehicles. 14 of 15 Right Sizing Vehicles: Make sure that the right size vehicle is being used for the right job. In some cases administrative personnel are driving trucks when maybe a smaller vehicle would be sufficient. As vehicles are due for replacement, departments will evaluate the need, type of vehicle, opportunity for downsizing or sharing to accomplish department and City goals. This will result in cost savings to the City in capital expenditures, fuel and maintenance. The Parks and Recreation Department purchased a diesel mower and two trucks and a van with flex fuel opportunities through the equipment replacement program earlier this year. Research continues as staff monitors for other opportunities for fiscal year 2010. The Fire Department evaluated current fleet and has taken steps to reduce emissions and pollution during the first quarter of fiscal year 2009. The department has also researched replacement of the next command vehicle (fiscal year 2010) with a hybrid technology vehicle. This vehicle will likely be purchased in fall 2009. In addition, new federal standards have required all new fire apparatus purchased after January 2009 to be much more environmentally friendly by reducing emissions considerably. These new fire apparatus are slated to deliver in the fall of 2010 and fall of 2011 respectively. Additionally, the department researched the viability of converting current staff vehicles to the biodiesel or flex fuel variety in another effort to reduce emissions and be more environmentally friendly, however due to cost associated with the conversion kits, it was determined this was not a viable option for these vehicles. Future purchases will evaluate hybrid and/or diesel opportunities. It should be noted that hybrid vehicles are estimated to cost an additional $10,000.00 per vehicle which would require additional funding through the replacement program. The Police Department is in its second year of transitioning the patrol fleet to vehicles with smaller, more fuel efficient engines. No suitable alternative for a police patrol platform with alternative fuel/power has been identified nor is currently available. Researching options is a continual process. 15 of 15 ;~~ ~ ~~. ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 '`"'' Agenda Briefing 817.503.1000 www.col leyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 07/21/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-5 Final Action: Secretary File Name: Discussion of the July 21, 2009 City Council meeting regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 07/21/2009 City Council Title Discussion of the July 21, 2009 City Council meeting regular agenda items City of Colleyville Page 1 Printed on 7/16/2009 C'.~ ~ 4! ~ City of Colleyville 100 Mlain Street Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 07/21/2009 Requester: Office of the City Agenda No.: 1 Secretary File Name: Legal -Executive Session -July 21, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 07/21/2009 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 7/16/2009 RESOLUTION R-09-3116 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JULY 21, 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 Mltain Street Colleyville, Texas 76034 ,r,r~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 07/21/2009 Requester: Office of the City Agenda No.: 1 Secretary File Name: Legal -Executive Session -July 21, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 07/21/2009 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 7/17/2009 RESOLUTION R-09-3116 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JULY 21, 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 iii ~ 4/ ~ City of Colleyville 100 Mltain Street Colleyville, Texas 76034 r,~~.~ Agenda Briefing 817.503.1000 vrww. co l l e yv i l l e. co m File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 07/21/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -July 21, 2009 Attachments: Proclamation in recognition of Kevin Walling.pdf Proclamation in recognition of Bob Etheridge.pdf Proclamation recognizing Frank Whitemire and declaring July 21, 2009 Frank Whitmire Day in Colleyville.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 07/21/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of the Colleyville Police Department receiving the Special Olympics Number One Fund Raising Small Agency Award and the Flame of Hope Award -Mayor David Kelly Presentation of City of Colleyville check to Special Olympics Texas -Katie Wheeler, Development Director for Torch Run, Special Olympics Texas Proclamations - In recognition of Special Olympic Torch Bearers Colleyville Police Department Detectives Kevin Walling and Bob Etheridge -Mayor David Kelly Proclamation - In recognition of Frank Whitmire and declaring July 21, 2009, as Frank Whitmire Day in the City of Colleyville City of Colleyville Page 1 Printed on 7/16/2009 rocY~n~~tior~ Colleyville, Texas WHEREAS, Special Olympics Texas has provided year-round sports training and athletic competition in a variety of Olympic-type sports for children and adults with intellectual disabilities for over 40 years; and WHEREAS, volunteers are the lifeline of the Special Olympics program and more than 40,000 Texas volunteers dedicate their time, serving as coaches, officials, committee members, competition assistants, and fundraisers; and WHEREAS, the Law Enforcement Torch Run is sponsored by law enforcement agencies around the world and is Special Olympics' largest grassroots fundraiser and public awareness program; and WHEREAS, the Torch Run is an actual running event where officers and athletes run the Special Olympics "Flame of Hope" to the Opening Ceremonies of local competitions, or State, Provincial or World Summer or Winter Games; and WHEREAS, for over ten years, Colleyville Police Detective Kevin Walling, has volunteered thousands of hours of time to Special Olympics Texas and through Kevin's efforts, the Old Tyme Barbeque held in Colleyville annually, has been the main fundraising event coordinated by Police Departments in Northeast Tarrant County; and WHEREAS, Kevin, with the assistance of fellow detective Bob Etheridge, led and coordinated the involvement of the Colleyville Police Department in the 2009 Special Olympics Torch Run: and WHEREAS, due to his outstanding service to Special Olympics Texas, Kevin was selected to represent the State of Texas on the "Final Leg Team" which carries the Flame of Hope across the country to the Opening Ceremonies of the Special Olympics World Games, but deferred the recognition to allow a Dallas Police Department officer to participate. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS on behalf of the Colleyville City Council and the residents of the City, do hereby recognize and applaud KEVIN WALLING and urge our citizens to join us in recognizing his exemplary commitment and dedication to service to our community and Special Olympics Texas. IN WITNESS WHEREOF, I do hereby set my hand, and seal of the City of Colleyville affixed this 21st day of July 2009. Ma r ~~~ o~ Texas rocr~rnatiott Colleyville, Texas WHEREAS, Special Olympics Texas has provided year-round sports training and athletic competition in a variety of Olympic-type sports for children and adults with intellectual disabilities for over 40 years; and WHEREAS, volunteers are the lifeline of the Special Olympics program and more than 40,000 Texas volunteers dedicate their time, serving as coaches, officials, committee members, competition assistants, and fundraisers; and WHEREAS, the Law Enforcement Torch Run is sponsored by law enforcement agencies around the world and is Special Olympics' largest grassroots fundraiser and public awareness program; and WHEREAS, the Torch Run is an actual running event where officers and athletes run the Special Olympics "Flame of Hope" to the Opening Ceremonies of local competitions, or State, Provincial or World Summer or Winter Games; and WHEREAS, Colleyville Police Detective Bob Etheridge, joined fellow detective Kevin Walling, and together they led and coordinated the involvement of the Colleyville Police Department in the 2009 Special Olympics Torch Run; and WHEREAS, Bob participated in the 2009 Torch Run to the May Special Olympics Texas Games and was instrumental in securing local police and volunteer runners; and WHEREAS, Bob was selected to carry one of three regional torches on the final leg of the Texas Run into the University of Texas-Arlington stadium for the opening of the Texas Games on May 22, 2009. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS on behalf of the Colleyville City Council and the residents of the City, do hereby recognize and applaud BOB ETHERIDGE and urge our citizens to join us in recognizing his commitment and dedication to service to our community and Special Olympics Texas. IN WITNESS WHEREOF, I do hereby set my hand, and seal of the City of Colleyville affixed this 21st day of July 2009. Mayor ~,~ - ~~ n~x.,, roci~n~~tion Colleyville, Texas WHEREAS: Frank Whitmire, a Colleyville resident for over40 years, will retire from voluntary service for the City of Colleyville on July 21, 2009; and WHEREAS, Frank and his wife Donnis, made Colleyville their home in 1968 and raised their three children Sherri, Glen and Dorcas here; and WHEREAS, Frank became involved in the community quickly, attending City Council meetings, which were held in a small room containing one desk, two folding tables, a filing cabinet and a few folding chairs and was used as council chambers, the city office and the fire department office. At this time, the city's population was approximately 1,500; and WHEREAS, Frank, being an active participant in the city's growth, designed a street numbering system in the late 1960s and went door-to-door to explain it to residents and worked with the post office to establish the addresses and was appointed by Mayor Bill Baker to form the Planning and Zoning Commission and served as Chairman; and WHEREAS, in 1972, during his tenure as Mayor of Colleyville, (May 11, 1971 to May 15, 1973) with the assistance of a few volunteers, Mayor Whitmire assisted in physically "finishing out" the City Hall and Fire Station facility located at 5201 Bransford Road; and WHEREAS, Frank was successful in establishing the Colleyville Police Department in late 1972 and appointed the 5rst police chief to head the department, which began operations in January 1973; and WHEREAS, Frank continued to serve his community by working on the original Charter Commission and the later Charter Review Committee, served two years on a Citizen's Budget Committee, nine years on the Traffic Safety Committee, was on the 2005 Police Chief Selection Committee, was selected Colleyville Citizen of the Year in 1983 and was one of the first citizens recognized as a "Hometown Hero"; and WHEREAS, Frank became a reserve police officer in 1973, drafted the Constitution of the Colleyville Reserve Police Department in 1980, and has maintained his certification for over 36 years while continuing to serve the department to this day. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and the citizens of Colleyville, do hereby proclaim July 21, 2009, to be FRANK WHITMIRE DAY IN COLLEYVILLE and call upon our citizens to honor and recognize Mr. Whitmire's dedication to service, his protection, leadership and commitment to our great community. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 215' day of July 2009. a-~ Mayor ~:~~ - ~~ lYZas RESOLUTION R-09-3117 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JULY 21, 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 July 7, 2009 b. Approval of a bid award for health, dental, life and long-term disability insurance to Aetna and authorize the City Manager to execute the contract AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor CSC' or ~, ~ ~ <<•.,.,. City of Colleyville City Council Minutes -Draft City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, July 7, 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 July 7, 2009, at 7:31 p.m. Mayor Kelly introduced and welcomed Mr. Marty Weider, the City's new Economic Development Director. 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, Police Lieutenant Rodney Cunningham, Officer Scotty Graves, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Utility Superintendent Ken Tywater, Finance Director Terry Leake, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Recreation Supervisor Sissy White, Communications Manager Mona Gandy, GIS Specialist Sunny Lindsay,- Deputy Emergency Management Coordinator Andrea Renegar, Community Development Intern Sarah Coplen, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Discussion of the health insurance bid analysis and recommendation Human Resources Manager Elise Welborn presented the health insurance bid analysis and recommendation and answered questions of the City Council. Mr. Christian Moreno and Mr. Rich Allen of Cooper Corporate Solutions spoke regarding the bid process and the criteria applied by insurance carriers to determine bid response. It was determined that an item would be placed on the July 21, 2009, City Council agenda for consideration of a bid award to Aetna. Discussion of the process for filling an unexpired term on the Parks and Recreation Advisory Board The City Council determined an item would be placed on the July 21, City of Colleyville Page 1 Printed on 7/15/2009 City Council City Council Minutes -Draft July 7, 2009 2009 City Council agenda for consideration of an appointment to the Parks and Recreation Advisory Board. PC-3 Discussion of the July 7, 2009 City Council meeting regular agenda items Interim Community Development Director Ron Ruthven provided information regarding current and previous appeals related to the denial of a sidewalk escrow refund. Public Works Director Steve Chutchian provided information regarding the Glade Road and Pool Road intersection improvements and potential sidewalk construction near Town Center. Councilmember Taylor suggested funding sidewalk construction near Town Center through the Colleyville Tomorrow Fund. Management Assistant Christine Loven introduced Mr. Paul Hansen, District Manager and Mr. Norman Bulaich, Municipal Manager, IESI, who provided information regarding parameters of the City's refuse service. There was general discussion regarding the pick-up arrangements, cost of supplemental collections, information on the web site and the Colleyville Communicator and the volume of waste generated in the City. Councilman Taylor requested that the City Council receive an electronic copy of the Colleyville Communicator. Management Assistant Christine Loven provided data from the Council of Government (COG) regarding the disposal of household waste. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:35 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 7, 2009 at 6:35 p.m. City of Colleyville Page 2 Printed on 7N5/2009 City Council City Council Minutes -Draft July 7, 2009 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, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Utility Superintendent Ken Tywater, Finance Director Terry Leake, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Senior Center Supervisor Renee Garrett, Recreation Supervisor Sissy White, Communications Manager Mona Gandy, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - 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 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 6:36 p.m and reconvened at 7:30 p.m. INVOCATION: Pastor David Jung, Crown of Life Lutheran Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City of Colleyville Page 3 Printed on 7/15/2009 City Council City Council Minutes -Draft July 7, 2009 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION -RESOLUTION R-09-3110 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly announced a Special Election will be held August 1, 2009, to fill an unexpired term of Councilmember, Place 2, reviewed the dates and times of Early Voting and Election Day and stated both will be conducted at City Hall. Mayor Kelly presented a Proclamation, in recognition of Parks and Recreation Month, to Recreation Supervisor Sissy White and Senior Center Supervisor Renee Garrett. Ms. White encouraged citizens to enjoy the parks and trails and invited everyone to attend the Hop 'A' Park event on Saturday, July 11, 2009, 9:30 a.m. at McPherson, Kimzey, Sparger and City Parks. Mayor Kelly stated Colleyville parks are nationally recognized and encouraged citizens to explore the park system. 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 City of Colleyville Page 4 Printed on 7/15/2009 City Council City Council Minutes -Draft July 7, 2009 Mayor Kelly read Resolution R-09-3111 in its entirety. 5. 5a 5b 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-09-3111. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor ORDINANCE(S): SECOND READING AND PUBLIC HEARING 0-09-1720 0-09-1721 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. Mayor Kelly opened the public hearing. Mr. Jerry David, V. Patrick Gray Custom Homes, representing Roy and Lu Thomas, was present to answer questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-09-1720. Councilmember Wollin seconded the motion. The motion carried by the following vote: Ayer 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 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 0-09-17201. Police Chief Tommy Ingram stated the Colleyville Crime Control and City of Colleyville Page 5 Printed on 7/15/2009 City Council City Council Minutes -Draft July 7, 2009 Prevention District sales tax funds a portion of police operations, including the purchase of police vehicles and personnel costs and provided an overview of the proposed Fiscal Year 2010 expenditures. 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 Hart moved to approve Ordinance 0-09-1721. 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 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 Mayor Kelly read the caption of Ordinance 0-09-1722. Police Chief Tommy Ingram stated the proposed amendment includes accurate distance measures of school safety zones and speed limits as required by state law. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding school hours and the need for additional school crossing guards. 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 Mayor Kelly read Resolution R-09-3112 in its entirety. City of Colleyville Page 6 Printed on 7/15/2009 City Council City Council Minutes -Draft July 7, 2009 Interim Community Development Director Ron Ruthven outlined the process for requesting an appeal in response to a denial of a sidewalk escrow refund and stated the applicant is requesting a refund of sidewalk escrow funds and staff recommends denial. Mayor Kelly opened the public hearing. Ms. Rhonda Berry, 5008 Fry Lane, expressed appreciation to the City Council for service and spoke in favor of the proposed resolution and regarding the minimal use of Fry Lane by the public. Ms. Faye Alldredge, 5005 Fry Lane, representing the Braemar Homeowner's Association, spoke in favor of the proposed resolution and regarding the maintenance of Fry Lane. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-09-3112. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Councilmember Taylor requested clarification regarding the recommendation of the Colleyville Trails and Sidewalks Committee for sidewalk construction on Bills Lane and Fry Lane. 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 Mayor Kelly read Resolution R-09-3113 in its entirety. Mayor Kelly opened the public hearing. Ms. Rhonda Berry, 5008 Fry Lane, representing applicant Rick Niles, spoke in favor of the proposed resolution. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-09-3113. City of Colleyville Page 7 Printed on 7h5/2009 City Council City Council Minutes -Draft July 7, 2009 Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 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 Mayor Kelly read Resolution R-09-3114 in its entirety. Interim Community Development Director Ron Ruthven reviewed the request for a refund of sidewalk escrow funds and stated staff recommends denial. Mayor Kelly opened the public hearing. Mr. Bob Gammon, 4712 Manning Drive, requested clarification regarding the process for refunding sidewalk escrow monies and the number of refunds. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Interim Community Development Director Ron Ruthven outlined the process for determining if sidewalk escrow funds will be used for the construction of a sidewalk or be returned to the owner. Mayor Pro Tem Ayers provided clarification regarding a request from Mr. Jensen Gainer for a waiver for the construction of a sidewalk. Mayor Pro Tem Ayers moved to approve Resolution R-09-3114. 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 City of Colleyville Page 8 Printed on 7/15/2009 City Council City Council Minutes -Draft July 7, 2009 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 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 and the item was passed over. 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 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 and the item was passed over. 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 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 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 City of Colleyville Page 9 Printed on 7/15/2009 City Council City Council Minutes -Draft July 7, 2009 APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE AYES, NAYS AND DAY OF 2009. Minutes taken and prepare by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 10 Printed on 7/15/2009 .:~ • <•~ ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 07/21/2009 Controlling Body: City Council Requester: Human Resources Agenda No.: 4b Final Action: Department File Name: Approval of bid award for health, dental, life, and long-term disability insurance to Aetna and authorize the City Manager to execute the agreement 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: 07/21/2009 City Council Title Approval of bid award for health, dental, life, and long-term disability insurance to Aetna and authorize the City Manager to execute the agreement Explanation Reading and Public Hearing At the July 7, 2009 Pre Council meeting, staff met with City Council to discuss the analysis of the health and dental insurance bid process, and provided supplemental information on various options. Due to significant rising costs in recent years, employers have been taking a serious look at how to actively manage increasing health insurance rates. Several years ago, the City of Colleyville implemented steps to assist employees with health care management. These steps include annual health fairs, flu shots, mobile health services, fitness assessments, participation in Companies in Action, and offering a weight loss program called Naturally Slim. Staff also evaluates benefit offerings and options annually to continue effective cost management. Additionally, the City instituted a health reimbursement arrangement (HRA) last fiscal year to further manage rates and will continue this effort in Fiscal Year 2010. 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. City of Colleyville Page 1 Printed on 7/1 f~2009 Agenda Briefing Continued Health Insurance The City advertised and instructed Cooper Corporate Solutions (Cooper) to seek competitive 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 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. UHC Renewal • Maintains the current plan design • Increases premiums by 18.29% UHC 1 • Increases the physician and specialist office visit copays • Increases premiums by 13.73% UHC 2 • Increases the physician and specialist office visit copays • Increases the out-of-pocket maximum to $4,000.00 • Decreases the after-deductible coinsurance to 90% • Increases premiums by 11.46% UHC 3 Increases the physician and specialist office visit copays • Increases the out-of-pocket maximum to $4,500.00 • Decreases the after-deductible coinsurance to 80% • Increases premiums by 6.33% City of Colleyville Page 2 ~""`C" "" " """° Agenda Briefing Continued Aetna • Maintains the current plan design • Increases premiums by 9.99% (or 7.99% if co mbined with other insurance lines) • Requires a change of insurance carrier for employe es, which means a physician network disruption of 2% UHC Renewal UHC 1 UHC 2 UHC 3 Aetna Change to Current Premium 18.29% 13.73% 11.46% 6.33% 9.99% In-network coinsurance after deductible met 100% 100% 90% 80% 100% Individual deductible $1,500 $1,500 $1,500 $1,500 $1,500 Family deductible $3,000 $3,000 $3,000 $3,000 $3,000 Office visit copay $15 $25 $25 $25 $15 Specialist visit copay $20 $50 $50 $50 $20 Emergency Room copay $200 $200 $200 $200 $200 Individual out-of-pocket maximum $1,500 $1,500 $4,000 $4,500 $1,500 Family out-of-pocket maximum $3,000 $3,000 $8,000 $9,000 $3,000 Tier 1 drug copay $10 $10 $10 $10 $10 Tier 2 drug copay $30 $30 $30 $30 $30 Tier 3 drug copay $60 $60 $60 $60 $60 Aetna also agreed to offer an additional 2% reduction to the rate 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 HRA claims experience is within the budgeted amount. A funding level of 35% for FY 2010 has been reviewed by the Finance Director. Currently, the City provides 75% funding of the dependent health insurance coverage. There are currently 119 employees carrying dependent health insurance, and staff recommends the City continue the funding for the dependent health coverage. The funding provided by the City for the dependent health insurance coverage is above the overall market value when comparing to the surrounding cities that pay on average 60% of dependent premiums. Employees recognize and value the quality of the insurance program provided by the City and realize the dependent health insurance funding is part of the overall competitive compensation package. City of Colleyville Page 3 Printed on 7/14/2009 Agenda Briefing Continued Staff recommends that the Aetna health insurance plan be accepted at a monthly rate of: Health Coverage Rates Employee only $456.02 Employee + spouse $1,021.49 Employee + children $820.83 Employee + family $1,381.72 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. Staff also recommends that the Aetna dental insurance plan be accepted at a monthly rate of: Dental Coverage Rates Employee only $26.20 Employee + spouse $53.66 Employee + children $51.80 Employee + family $86.24 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 tower LTD rate more than makes up the difference (Attachments "F" and "G"). 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 City of Colleyville Page 4 Printed on 7/14/2009 Agenda Briefing Continued following reasons: 1. Staff negotiated a 7.99% increase 2. There is minimal impact to employees and the City 3. Aetna had excellent references 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 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 City Council for discussion and final approval. Financial Impact It has been determined that the health insurance will cost $1,880,813.00, an increase of 7.33%. Dental insurance will cost $55,649.00, an increase of 2.91 %. Funds are proposed in the FY 2010 budget to cover the cost of the employee health and dental coverage, as well as continued funding for dependent coverage. Recommendation Approval City of Colleyville Page 5 Printed on 7/17/2009 m -a ~ ~ -v -a ~ -n -a - a a o > > > > > > > > ~ > a _~ 'm 'a~ 'a~ '~ "a~ 'a~ "m - 'm N U U U U U U U U U U N N N N N N N N N N N N N C R = ~ ~ C ~' Q N Q # c ~ Q ~ ~ D ~ C~ _ '~ ~ U _1 ... N ~ ~ ~ C1 U > L U ~ (O .~ C ~ U d a ~ c _c c ~_ c N U U U U U U U ~ ~ ~ ~ ~ ~ ^ ~ V 'p 4Z ~ ~ LL ~ Z ~ _~ m N ~ _ F- J C ea ~ ~ ~ U ~. cu = a v ~ a '`' N U ~ a ~ ~ ca ~ °- '~ C ~ ca U = a~i ~. 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J - O O O O ~ ~ 0 ° o o ti ~ ~ \ v to ~ ~ o fA o f9 W N m N } r ~ o O1 m ~ d9 _ fA ~y '~` , 'r:~ ~,; ;~, ~ ~ oo ~ °o ~ ~ ~ o o o ro ~ W m ° \ O ro N + p p W } ~ k ~. ~ O 0 0 O 0 0 ~ ~ ° 0 ° oo a ._ 16 m ~n ~ a, ~ i. ~- N N r 69 fA y~ ~' m 3 C N ~ N T m Q' N > . ~F C O ~ E E O E O ' O ~'O ~~ m U m m ¢w w m - a;9m~cm ~ m ~ vd m > ~ m ~+ ~ E _E > v e.oa` ~~ O'o ~ m r- 0 » ~ ~ d u~~ i°Op «. • al m c~ > m c m ` "° LL m m ~ ° ` O a ~ a m a~¢ ~w o a wi ' uI ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 T.~a: Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1722 File Number: 0-09-1722 File Type: Ordinance Status: Second Reading Version: 1 Agenda Date: 07/21/2009 Controlling Body: City Council Requester: Police Department Agenda No.: 5a 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: 1 07/07/2009 City Council 1 07/21/2009 City Council Title Approval of replacing Ordinance 0-07-1629 establishing school safety zones within the City of Colleyville Explanation Second Reading and Public Hearing There were no speakers regarding this item at the July 7, 2009 meeting. 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 City of Colleyville Page 1 Printed on 7/13/2009 Agenda Briefing Continued (0-09-1722) 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. Recommendation Approval City of Col/eyvil/e Page 2 Printed on 7/13/2009 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, 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. i, 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 j 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 ~ 2007. The second reading and public hearing being conducted on the ~ `~ day of .rte 2007. ATTEST: Cynthia Singleton, TRMC,CMC Ciry Secretary APPROVED AS TO FORM AND LEGALITY: ~~~\\i "'ar1 tJ ~' ' J'1~ CITY OF COLLEYVILLE %~~~.- c_~~~~ David Kelly G' 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 located 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 20 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. 180 feet West of the western property lint and 260 East of the eastern 20 t 100 - 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, 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 0-09-1722 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 day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC,CMC City Secretary APPROVED AS TO FORM AND LEGALITY: David Kelly 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 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 2~ 4700 - 4900 221 feet South of the intersection of Center Park Center Park 104 feet Southeast of the property line of the school 2~ 500 located at 601 Glade Road Cheek Sparger Road 60 feet West of the western property line and 85 feet ~ O 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 20 900 - 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 2~ 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 ~ O 6600 Road to Glenho a 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 20 5600 - 6100 feet North of the northern property line of the school located at 5911 Pleasant Run Road ,:~ ~n ~ City of Colleyville 100 Mltain Street Colleyville, Texas 76034 ,,~~~ Agenda Briefing 817.503.1000 vrww. co l l e yv i l l e. co m File Number: 0-09-1723 File Number: 0-09-1723 Version: 1 Requester: Engineering Department File Type: Ordinance Agenda Date: 07/21/2009 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of an Ordinance replacing Ordinance 0-00-1256, amending Chapter 50, Article II, Flood Hazard Regulations, of the Colleyville Code Attachments: Ordinance 0-09-1723.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/21/2009 City Council Title Approval of an Ordinance replacing Ordinance 0-00-1256, amending Chapter 50, Article II, Flood Hazard Regulations, of the Colleyville Code Explanation First Reading and Public Hearing On December 5, 2000, the City Council adopted Ordinance 0-00-1256 related to the regulation and control of construction within the Federal Emergency Management Agency (FEMA) designated flood hazard areas of the community. The current ordinance ensures the City's compliance with the National Flood Insurance Program (NFIP) regulations. Our municipality must meet or exceed NFIP requirements in order to maintain eligibility in the program and provide the ability for affected properties to acquire necessary flood insurance. FEMA recently advised the City that updated Flood Insurance Rate Map (FIRM) revisions must be approved by ordinance and these revisions will become effective on September 25, 2009. The new maps reflect any changes that FEMA made to various flood zone designations in the community since 2000. It is necessary for the map revisions to be approved by City Council in order for Colleyville residents to obtain federally subsidized flood insurance in the future. Other areas within the community may be subject to localized flooding but are not reflected in the new map revisions as designated by FEMA. Copies of the new maps are available for review in the Engineering Department. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 7/17/2009 ORDINANCE 0-09-1723 AN ORDINANCE REPLACING ORDINANCE 0-00-1256 AMENDING CHAPTER 50, ARTICLE II, FLOOD HAZARD REGULATIONS, OF THE COLLEYVILLE CODE, AND PROVIDING A PENALTY OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION WHEREAS, the City Council deems it is in the best interest of the City to modify its flood area hazard regulation as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the effective date of this ordinance shall be September 25, 2009. FLOOD DAMAGE PREVENTION ORDINANCE ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Colleyville, Texas does ordain as follows: SECTION B. FINDINGS OF FACT (1) The flood hazard areas of the City of Colleyville are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; Ordinance 0-09-1723 Page 2 of 20 (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. ARTICLE 2 DEFINITIONS Unless specifical{y defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance it's most reasonable application. ALLUVIAL FAN FLOODING -means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and' deposition; and unpredictable flow paths. Ordinance 0-09-1723 Page 3 of 20 APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. APPURTENANT STRUCTURE - means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure AREA OF FUTURE CONDITIONS FLOOD HAZARD -means the land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology. AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, Al-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. BASE FLOOD -means the flood having a 1 percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE) -The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, Al-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1 % chance of equaling or exceeding that level in any given year -also called the Base Flood. BASEMENT -means any area of the building having its floor subgrade (below ground level) on all sides. BREAKAWAY WALL - means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Ordinance 0-09-1723 Page 4 of 20 CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT -means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING -means, for insurance purposes, anon-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. EXISTING CONSTRUCTION -means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD ELEVATION STUDY -means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow)and/orflood-related erosion hazards. FLOOD INSURANCE RATE MAP (FIRM) -means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community. Ordinance 0-09-1723 Page 5 of 20 FLOOD INSURANCE STUDY (FIS) -see Flood Elevation Study FLOODPLAIN OR FLOOD-PRONE AREA -means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT -means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS -means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROTECTION SYSTEM -means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING -means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY -see Regulatory Floodway FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long- term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE -means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Ordinance 0-09-1723 Page 6 of 20 HISTORIC STRUCTURE -means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; (b) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR -means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL -means, for purposes of the National Flood Insurance Program, the Ordinance 0-09-1723 Page 7 of 20 North American Vertical Datum (NAND) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION -means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. Forfloodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK ORSUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. REGULATORY FLOODWAY -means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. RIVERINE -means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. SPECIAL FLOOD HAZARD AREA -see Area of Special Flood Hazard START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; Ordinance 0-09-1723 Page 8 of 20 nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE -means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE -means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT -means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE - means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION -means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION -means the height, in relation to the North American Vertical Datum (NAND) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Ordinance 0-09-1723 Page 9 of 20 ARTICLE 3 GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard with the jurisdiction of the City of Colleyville, Texas. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Tarrant County, Texas and Incorporated Areas", dated September 25, 2009, with accompanying Flood Insurance Rate Maps dated September 25, 2009, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. SECTION G. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare Ordinance 0-09-1723 Page 10 of 20 occasions greater floods can and will occur and flood heights may be increased by man- made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding orflood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. ARTICLE 4 ADMINISTRATION SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The City Engineer or designee is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance -National Flood Insurance Program Regulations) pertaining to floodplain management. SECTION B. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2} Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. Ordinance 0-09-1723 Page 11 of 20 (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB) and also the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatoryfloodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. (10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the community first completes all of the provisions required by Section 65.12. SECTION C. PERMIT PROCEDURES (1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (b) Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed; Ordinance 0-09-1723 Page 12 of 20 (c) A certificate from a registered professional engineer or architect that the nonresidential flood proofed structure shall meet the flood proofing criteria of Article 5, Section B (2); (d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; (e) Maintain a record of all such information in accordance with Article 4, Section (B) (1); (2) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (a) The danger to life and property due to flooding or erosion damage; (b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (c) The danger that materials may be swept onto other lands to the injury of others; (d) The compatibility of the proposed use with existing and anticipated development; (e) The safety of access to the property in times of flood for ordinary and emergency vehicles; (f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (h) The necessity to the facility of a waterfront location, where applicable; (i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. Ordinance 0-09-1723 Page 13 of 20 SECTION D. VARIANCE PROCEDURES (1) The Appeal Board, as established by the community, shall hear and render judgment on requests for variances from the requirements of this ordinance. (2) The Appeal Board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C (2) of this Article have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. Ordinance 0-09-1723 Page 14 of 20 (10) Prerequisites for granting variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D (1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; Ordinance 0-09-1723 Page 15 of 20 (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B (8), or (iii) Article 5, Section C (3), the following provisions are required: (1) Residential Construction -new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to 2 feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C (1) a., is satisfied. (2) Nonresidential Construction -new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to 2 feet above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the Floodplain Administrator. (3) Enclosures -new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls Ordinance 0-09-1723 Page 16 of 20 by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than 1 foot above grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes - (a) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use ofover-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (b) Require that manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to 2 feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i} the lowest floor of the manufactured home is at 2 feet above the base flood elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other Ordinance 0-09-1723 Page 17 of 20 foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational Vehicles -Require that recreational vehicles placed on sites within Zones Al-30, AH, and AE on the community's FIRM either(i) be on the site forfewer than 180 consecutive days, or (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of Article 4, Section C (1 ), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. SECTION C. STANDARDS FOR SUBDIVISION PROPOSALS (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance. (4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. SECTION D. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow maybe evident. Such flooding is Ordinance 0-09-1723 Page 18 of 20 characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to 2 feet above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified). (2) All new construction and substantial improvements of non-residential structures; (a) have the lowest floor (including basement) elevated to 2 feet above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 feet if no depth number is specified), or (b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C are satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. SECTION E. FLOODWAYS Floodways -located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (1) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Ordinance 0-09-1723 Page 19 of 20 (2) If Article 5, Section E (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. (3) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first completes all of the provisions required by Section 65.12. SECTION F. SEVERABILITY If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. SECTION G. PENALTIES FOR NON COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,000.00 for each violation, and in addition shall pay all costs and expenses involved in the case. Each day a violation occurs is a separate offense. Nothing herein contained shall prevent the City of Colleyville from taking such other lawful action as is necessary to prevent or remedy any violation. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. Ordinance 0-09-1723 Page 20 of 20 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 ;:~ <., City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 T,x.. Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1724 File Number: 0-09-1724 Version: 1 Requester: Office of the City Manager File Type: Ordinance Agenda Date: 07/21!2009 Agenda No.: 6b Status: First Reading Controlling Body: City Council Final Action: File Name: Approving a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's rate review mechanism filing in all cities exercising original jurisdiction Attachments: Rate Review Mechanism Fact Sheet.pdf Ordinance 0-09-1724.pdf History of Legislative File Version: Date: Acting Body: Action Text: 07/21/2009 City Council Title Approving a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's rate review mechanism filing in all cities exercising original jurisdiction Explanation First Reading and Public Hearing The City of Colleyville, and 150 other cities served by Atmos Energy Mid-Tex Division (Atmos), is a member of the Atmos Cities Steering Committee (ACSC). On March 6, 2009, Atmos filed an application with the City to increase natural gas rates pursuant to the Rate Review Mechanism (RRM) tariff approved by the City as part of the settlement of the Atmos 2007 Statement of Intent to increase rates. The RRM tariff was approved by ACSC Cities as part of the settlement agreement to resolve the Atmos Mid-Tex 2007 rate increase case. Atmos Mid-Tex's current action represents the second filing pursuant to the three-year trial project known as the RRM process. The RRM process was created collaboratively by ACSC and Atmos as an alternative to the GRIP surcharge process. The RRM process allows fora more comprehensive rate review and annual adjustment that will function as a substitute for future GRIP filings during the three-year trial period specified by the tariff. There are two components to the RRM adjustment. The prospective component adjusts rates for known and measurable changes in operation and maintenance (O&M) and net plant investment. Atmos and ACSC agreed to cap changes to expenses and invested capital at no more than 5%. The true-up component evaluates whether the Company has over or under recovered its earnings for the previous year. For purposes of the RRM City of Colleyville Page 1 Printed on 7/16/2009 Agenda Briefing Continued (0-09-1724) true-up component, the Atmos rate of return on equity and its capital structure are frozen to avoid the parent company from manipulating the overall rate of return. Costs expressly prohibited from recovery through the RRM include first-class air fare, travel, meals or entertainment for an employee's spouse, alcohol, sports events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and social club membership dues. Current rates contain atrue-up component ($9 million to be collected over 12 months) from the first RRM in 2008. Collection of the 2008 true-up amount is scheduled to end on November 1, 2009. The rate impact of that 2008 true-up amount for the period August 1 - October 31, 2009 is $1,006,073. To simplify the process and to reduce rate fluctuations, the parties have agreed to eliminate collection of the 2008 true-up on August 1, 2009 rather than November 1, 2009. The remaining $1,006,073 that is still owed from the 2008 true-up will be recovered as part of the 2009 true-up over 12 months rather than three months. This change related to the 2008 true-up amount is revenue and rate impact neutral. The March RRM filing sought a $20.2 million rate increase. The City worked with ACSC to analyze the schedules and evidence offered by Atmos to support its request to increase rates. The Ordinance and attached RRM tariff are the result of negotiation between ACSC and Atmos to resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing. The Ordinance and RRM tariffs approve rates that will increase the Company's revenues by $2.6 million effective for bills rendered on or after August 1, 2009. The monthly bill impact for the average residential customer will be a $0.15 increase (approximately a 0.22% increase in the total bill). The ACSC Executive Committee recommends that all ACSC Cities adopt the Ordinance implementing the rate change. The Ordinance approves rate tariffs (Attachment "A") and Proof of Revenues (Attachment "B") that reflect the negotiated rate change pursuant to the RRM process. In addition to the RRM tariffs, the Ordinance also approves a revision to the current Atmos Gas Cost Recovery ("GCR") tariff to allow the Company to recover certain hedging costs associated with natural gas futures through the GCR tariff. As a result of the negotiations, ACSC was able to reduce the Company's requested $20.2 million RRM increase by more than 70%. Approval of the Ordinance will result in rates that implement a $2.6 million increase in Atmos' revenues effective August 1, 2009. this increase equates to a $0.15 increase for the average residential customer. Financial Impact It has been determined that there is no financial impact to the City. Recommendation Approval City of Colleyville Page 2 Printed on 7/16/2009 Rate Review Mechanism Fact Sheet *The Rate Review Mechanism (RRM) was created in 2008 as part of a collaborative agreement between ACSC and Atmos. It replaces the unworkable and contentious Gas Reliability Infrastructure Program (GRIP) surcharge process. *The RRM authorizes cities to meaningfully review and dispute the company's annual rate filings in an expedited rate proceeding at the city level. This authority was lacking under the GRIP process. *The RRM is a substitute for GRIP filings during the three-year trial period (2008 - 2010). *The RRM permits the Company to seek an annual review of its revenues, estimated cost of operations, and capital investments. In most cases, the company cannot seek rate adjustments greater than 5 percent. The Company must provide evidence as part of the annual review process that cities can assess and, if necessary, challenge. *The RRM process allows Atmos to seek a surcharge from ratepayers if its anticipated expenses exceed its anticipated revenues fora 12 month period. However, if the Company's revenues exceed its authorized rate of return, it must issue refunds. Costs Expressly Prohibited from Recovery Under the RRM: First class airfare, travel, meals or entertainment for an employee's spouse, alcohol, sports events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and social club membership dues. The RRM is applicable only to the Company's base rates -the cost of delivering natural gas to customers. The commodity price of natural gas is apass-through cost to customers that can change monthly based upon the price of natural gas. RRM Bill Impacts: Pursuant to the negotiated agreement between Atmos and the Steering Committee, the tariffs implementing the RRM will increase rates by $2.6 million. The average monthly customer impact by class will be: Residential (4.7 Mcf/month) - $0.15/month increase (0.22% overall increase) Commercial (36.1 Mcf/month) - $0.26/month increase (0.06% overall increase) Industrial (3480 MMBtu/month) - $46.80/month decrease (1.96% overall decrease) ORDINANCE 0-09-1724 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC" OR "STEERING COMMITTEE") AND ATMOS ENERGY CORPORATION, MID-TEX DIVISION ("ATMOS MID-TEX" OR "COMPANY") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL WHEREAS, the City of Colleyville, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC" or "Steering Committee"), a coalition of more than 150 similarly situated cities served by Atmos Mid-Tex that have joined together to facilitate the review and response to natural gas issues affecting rates charged in the Atmos Mid-Tex service area (such participating cities are referred to herein as "ACSC Cities"); and WHEREAS, pursuant to the terms of the agreement settling the Company's 2007 Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop the Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process controlled in a three year experiment by ACSC Cities as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos Mid-Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff; and WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC Cities' reasonable expenses associated with RRM applications; and Ordinance 0-09-1724 Page 2 of 4 WHEREAS, on or about March 6, 2009, Atmos Mid-Tex filed with the City its second application pursuant to the RRM tariff to increase natural gas rates by approximately $20.2 million, such increase to be effective in every municipality that has adopted the RRM tariff within its Mid-Tex Division; and WHEREAS, ACSC Cities coordinated its review of Atmos' RRM filing and designated a Settlement Committee made up of ACSC representatives and assisted by ACSC attorneys and consultants to resolve issues identified by ACSC in the Company's RRM filing; and WHEREAS, the Company has filed evidence that existing rates are unreasonable and should be changed; and WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos Mid- Tex is able to justify a slight rate increase over current rates; and WHEREAS, the Steering Committee has advocated in other proceedings that Atmos Mid-Tex hedge natural gas futures in order to mitigate the volatility of natural gas prices, which are a flow through to customers; and WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants, recommend that ACSC members approve the attached rate tariffs (Attachment "A"), which will increase the Company's revenue requirement by $2.6 million; and WHEREAS, the attached tariffs implementing new rates and Atmos' Proof of Revenues (Attachment "B") are consistent with the negotiated resolution reached by ACSC Cities and are just, reasonable, and in the public interest; and WHEREAS, it is the intention of the parties that if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company's RRM filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City; and WHEREAS, the negotiated resolution of the Company's RRM filing and the resulting rates are, as a whole, in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Ordinance 0-09-1724 Page 3 of 4 Sec. 1. THAT the findings set forth in this Ordinance are hereby in all things approved. Sec. 2. THAT the City Council finds that the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable and new tariffs and Atmos' Proof of Revenues, which are attached hereto and incorporated herein as Attachments A and B, are just and reasonable and are hereby adopted. Sec. 3. THAT Atmos Mid-Tex shall reimburse the reasonable rate making expenses of the ACSC Cities in processing the Company's rate application. Sec. 4. THAT to the extent any resolution or ordinance previously adopted by the City Council is inconsistent with this Ordinance, it is hereby repealed. Sec. 5. THAT the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Sec. 6. THAT if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Sec. 7. THAT if the City determines any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in the Company's RRM filing would be more beneficial to the City than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the City. Sec. 8. THAT the Company's Gas Cost Recovery tariff is revised to permit recovery of certain costs associated with hedging natural gas futures. Sec. 9. THAT this Ordinance shall become effective from and after its passage with rates authorized by attached Tariffs to be effective for bills rendered on or after August 1, 2009. Sec. 10. THAT a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of David Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. Ordinance 0-09-1724 Page 4 of 4 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 ATMOS ENERGY CORPORATION MID TEX DMSION .Attachment A REVISION NO: 0 RATE SCHEDULE: R -RESIDENTIAL SALES APPLICABLE TO: All Cities designated as "Group A" on the Clues Served list EFFECTNE DATE: Bills Rendered on or after 08101lZ009 PAGE: 29 Application Applicable #o Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customers monthly biN will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge - _. Amaifnt -,_ ,< Customer Charge per Bill $ 7.00 per month Commodity Charge -All Mcf $2.2707 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs cak~lated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s)- Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Issued By: David J. Park vce President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID TEX DMSION REVISION NO.O RATE SCHEDULE: C -COMMERCIAL SALES APPLICABLE TO: All Cities designated as "Group A" on the Cities Served List EFFECTIVE DATE: Bills Rendered on or after 08/01/2009 PAGE: 30 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and speaal contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customers monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Chas, Amount Customer Charge per Bill $ 13.50 per month Commodity Charge -All Mcf $ 0.9877 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization caculated in accordance with Rider WNA. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s)_ Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID TEX DNISION REVISION NO: 0 RATE SCHEDULE: 1-INDUSTRIAL SALES APPLICABLE T0: All Cities designated as "G~oup A° on the Cities Served List EFFECTNE DATE: Bills Rendered on or after 08/01/2009 PAGE: 31 Application AppC~cable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for ail natural gas provided at one Point of Delivery and measured through one meter. Service for industrial Customers with an MDU. equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, addfional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Chs~e `Amount Customer Charge per Meter $ 425.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2583 per MMBtu Next 3,500 MMBtu $ 0.1884 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0404 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Franchise Fee Adjustment Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey' Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID TEX DMSION REVISION NO.O RATE SCHEDULE: 1-INDUSTRIAL SALES APPLICABLE TO: All Cities designated as "Group A" on the Cities Served List EFFECTIVE GATE: 8111s Rendered on or after 08/01/2009 PAGE: 32 Replacement Index In the event the `midpoint' or `common' price for the Katy point listed in Plaits Gas Daily in the table entitled 'Daily Price Survey' is no longer published, Company will ca~ulate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject _to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate 1, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID-TEX DMSION REVISION NO.O RATE SCHEDULE: T-TRANSPORTATION APPLICABLE TO: All Cities designated as "Group A" on the Cities Served List EFFECTNE GATE: Bills Rendered on or after 08101/2009 PAGE: 33 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being .furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 425.00 per month First 0 MMBtu to 1,500 MMI3tu $ 0.2583 per MMBtu Next 3,500 MMBtu $ 0.1884 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0404 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Rate Review Mechanism: Plus or Minus an amount for rates as calculated in accordance with Rider RRM. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees AN fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the appligble Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Issued By: David J. Park vce President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID TEX DMSION REVISION NO.O RATE SCHEDULE: T -TRANSPORTATION APPLICABLE TO: All Cities designated as "Group A" on the Cities Served List EFFECTIVE DATE: Bills Rendered on or afterfl8/01/2009 PAGE: 34 Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest 'midpoint price for the Katy point listed in Plans Gas Daily in the table entitled "Daily Price Survey' during such month, for the. MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10°~ of Customer's receipt quantities for the month. Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200°!° of the midpoint price for the Katy point listed in Plans Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Replacement index In the event the "midpoint" or "common' price for the Katy point listed in Plaits Gas Daily in the table entitled "Daily Price Survey" is no bnger published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID TEX DMSION REVISION NO.O RIDER: WNA - YVEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: All Cities designated as "Group A" on the Cities Served List EFFECTNE DATE: Bills Rendered on or after 08/09/2009 PAGE: 45 Provisions for Adjustment The base rate per Mcf (1,000.000 Btu) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment" The Weather Normalization Adjustment shalt apply to all temperature sensitive residential, and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Nornnatization Adjustment Factor shall be computed to the nearest one-hundredth cent per Mcf by the following formula: WNAFi = Ri Where (HSFi x (NDD-ADD) ) (BLi + (HSFi x ADD) ) = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classfication expressed in cents per Mcf Ri - base rate of temperature sensitive sales for the ith schedule or classification approved by the entity exercising original jurisdiction. HSFi - heat sensitive factor for the ith schedule or classification calculated as the slope of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. NDD = billing cyde normal heating degree days ca~ulated as the simple ten-year average of actual heating degree days. ADD = billing cyde actual heating degree days. Bti = base load sales for the ith schedule or classification calculated as the y- intercept of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID TEX ONISION REVISION NO.O RIDER: WNA -WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: All Cities designated as "Group A" on the Cities Served List EFFECTNE DATE: Bills Rendered on or after 08!01/2009 PAGE: 46 WNAi = WNAFi x qy Where qg is the relevant sales quantity for the jth customer in ith rate schedule. Filings with Entities Exercising_Original Jurisdiction As part of its annual RRM filing the Company wiN file (a) a copy of each computation of the Weather Normalization Adjustment Factor, (b) a schedule showing the effective date of each such Weather Nommalization Adjustment, (c) a schedule showiing the factors of values used in calculating such Weather Normalization Adjustment and (d) a random sample and audit of thirty (30) actual customer bills, with customer information deleted, for each rate schedule or classification to which the WNA was applied in the preceding 12 month period. To the extent that source data is needed to audit the WNA application, such data will be provided by the Company as part of the annual RRM filing. If the RRM is discontinued, as provided in the Rider RRM tariff, the information required herein to be tiled with the entfies exercising original jurisdiction shall be filed on March 1 of each year. Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use WPathPr Station Mr_f Mrf/1-loll Mrf Mrf/Hilt! Abilene 0.98 .0140 9.64 .0629 Austin 1.30 .0161 20.00 .0815 Dallas 1.60 .0212 20.12 .1018 Waco 1.12 .0139 11.69 .0608 Wichita Falls 1.12 .0159 11.67 .0649 Sample WNAFL Ca~ulation: .3393 per Mcf = 2.2707 x Where (.0140 x (30-17) ) (0.98 + (.0140 x 17) ) i = Residential Single Block Rate Schedule Ri = 22707 per MCF HSFi = .0140 (Residential -Abilene Area) Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MiD-TEX DNISION REVISION NO: 0 RIDER: WNA -WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO: All Cities designated as "Group A" on the Cities Served Ust EFFECTNE DATE: Bills Rendered on or after 08/01/2009 PAGE: 4T NDD ADD Bli = = 30 HDD (Simple ten-year average of Actual HDD for Abilene Area - 9/15/06 -10/14/06) = 17 HDD (Actual HDD for Abilene Area - 9/15/06 -10/14/06) 0.98 Mcf {Residential -Abilene Area) Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID TEX DMSION REVISION NO.O RIDER: GCR -GAS COST RECOVERY APPLICABLE T0: AU Cities Except Dallas EFFECTIVE DATE: Bills Rendered on or after 811/2009 PAGE: 68 Applicable to Rate R, Rate C, and Rate I for all gas sales made by Company, and applicable to Rate R, Rate C. Rate I, and Rate T for recovery of Pipeline System costs. The total gas cost recovery amount due is determined by adding the gas cost calculated in Section (a) below and the pipeline cost calculated in Section (b) below. The amount due for gas cost (Section (a)) is determined by multiplying the Gas Cost Recovery Factor (GCRF) by the Customers monthly volume. For Customers receiving service under Rate R and Rate C. monthly volume will be calculated on a Mcf basis. For Customers receiving service under Rate 1, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual gas costs. The amount due for pipeline cost (Section (b)) is determined by multiplying the Pipeline Cost Factor (PCF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate I and Rate T, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual gas costs. (a) Gas Cost Method of Calculation The monthly gas cost adjustment is calculated by the application of a Gas Cost Recovery Factor (GCRF), as determined with the following formula: GCRF =Estimated Gas Cost Factor (EGCF) + Reconciliation Factor (RF) + Taxes (TXS) EGCF =Estimated cost of gas, including lost and unaccounted for gas attributed to residential, commercial, and industrial sales, and any reconciliation balance of unrecovered gas costs, divided by the estimated total residential, commercial, and industrial sales. Lost and unaccounted for gas is limited to 5°~. RF =Calculated by dividing the difference between the Actual Gas Cost Incurred, inclusive of interest over the preceding twelve-month period ended June 30 and the Actual Gas Cost Billed over that same twelve-month period by the estimated total residential, commercial, and industrial sales for the succeeding October through June billing months. The interest rate to be used is the annual interest rate on overcharges and under charges by a utility as published by the Public Utility Commission each December. The interest rate for glendar year 2009 is 2.09%. Actual Gas Cost Incurred =The sum of the costs booked in Atmos Energy Corp.. Mid-Tex Division account numbers 800 through 813 and 858 of the FERC Uniform System of Accounts, induding the net impact of injecting and withdrawing gas from storage. Also includes a credit or debit for any out-of-period adjustments or unusual or nonrecurring costs typically considered gas costs and a credit for amounts received as Imbalance Fees or Curtailment OverpuQ Fees. Also includes any Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A. ATMOS ENERGY CORPORATION MID TEX DNISION REVISION NO: 0 RIDER: GCR -GAS COST RECOVERY APPLICABLE TO: All Cities Except Dallas EFFECTNE DATE: Bills Rendered on or after 8!1/2009 PAGE: 69 prudently incurred transaction-related fees, .gains or losses and. other transaction costs associated with the 'use of various financial instruments that are executed by the Company for the purpose of price volatility mitigation. Actual Gas Cost Billed = EGCF multiplied by the monthly volumes billed to Residential, Commercial and Industrial Sales customers, less the total amount of gas cost determined to have been uncotlectible and written off which remain unpaid for each month of the reconciliation period. Any amount remaining in the reconciliation balance after the contusion of the period of amortization will be maintained in the reconcil'iaGon balance and included in the collection of the next RF. Atmos Energy shall file annual reports with the Commission, providing by month the folbwing amounts: Gas Cost Written Off. Margin Written Off, Tax and Other Written Off, Total Written Off, Gas Cost Collected and Margin Collected. TXS =Any statutorily imposed assessments or taxes applicable to the purchase of gas divided by the estimated total residential, commercial, and industrial sales. ADJ =Any surcharge or refund ordered by a regulatory authority, inclusive of interest, divided by the estimated total residential, commercial, and industrial sales is to be included as a separate line item surcharge. (b) Pipeline Cost Method of Calculation Each month, a Pipeline Cost Factor (PCF) is calculated separately for each Pipeline Cost Rate Class listed below. The formula for the PCF is: PCF = PP / S, where: P =Estimated monthly cost of pipeline service calculated pursuant to Rate CGS D =Pipeline service allocation factor for the rate class as approved in the Company's most recent rate case, as follows: Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID-TEX DIVISION REVISION NO.0 RIDER: GCR -GAS COST RECOVERY APPLICABLE TO: AIt Cities Except Dallas EFFECTNE DATE: Bills Rendered on or after 8/1/2009 PAGE: 70 Pi aline Cost Rate Class Allocation Factor D Rate R -Residential Service .634698 Rate C -Commercial Service .302824 Rate I -Industrial Service and Rate T -Trans rtation Service .062478 A =Adjustment applied in the current month to correct for the difference between the actual and estimated pipeline cost revenue of the second preceding month, calculated by the formula: A = R - (C - A2), where: R =Actual revenue received from the application of the PP component in the second preceding month. C =Actual pipeline costs for the second preceding month. A2 =The adjustment {A) applied to the PP component in the second preceding month. S =Estimated Mcf or MMBtu for the rate class for the current billing month. The PCF is calculated to the nearest 0.0001 cent. The Pipeline Cost to be billed is determined by mumplying the Mcf or MMBtu used by the appropriate PCF. The Pipeline Cost is determined to the nearest whole cent. issued By: David J. Park Vice President, Rates and Regulatory Affairs Oate Issued: Attachment A ATMOS ENERGY CORPORATION MID TEX DMSION REVISION NO.O RIDER: CEE -CONSERVATION 8 ENERGY EFFICIENCY APPLICABLE TO: All Cities except Dallas EFFECTIVE DATE: Bills Rendered on or after 8h/2009 PAGE: 84 Puraose Atmos Energy Mid-Tex is proposing to institute a complete Conservation 8~ Energy Effaency program which will offer assistance to qualified customer segments in reducing energy consumption and lowering energy utility bills. The proposal is one where Atmos Energy shareholders will fund a percentage of the allowable expenses incurred annually, with a customer rate component providing the remainder of the funding. Folkwving is ahigh-level, concept summary of the proposal. Atmos Energy Mid Tex Division proposes to work with the communities it serves to develop the details of a new tariff and programs addressing conservation and energy efficiency. Synopsis: Voucher system to provide free energy savings materials and supplies to qualifying customers of Atmos Mid Tex. Qualified Customers will receive up to one thousand five hundred dollars ($1,500.00) worth of caulking, weather-stripping, sheathing, sealing, water heater blankets, related gas plumbing, and like materials, other energy saving .devices such as clock-them~ostats, set back devices ("covered items') from approved suppliers /retailers including necessary labor. Company will undertake efforts to enlist support from community groups, including its own Employee Action Program, to assist customers with installation. If it is determined that professional installation capabilities are necessary, the parties will agree on labor assistance amounts. Eli ibili Low Income -Low-income rate-payers that qualify for heating bill assistance through LIHEAP and other government energy efficiency program agencies and all agencies that distribute Atmos "Share the Warmth' funds. Agencies that allocate assistance funds denote customer as Low Income, a status that lasts for one year. Senior Citizen -Primary account holder can request eligibility through ATM call center or web-site. Customer provides primary SSN which is verified through Social Security Administration. And account hokler that is or turns 65 years old in that year becomes eligible. Fundin4 Initial annual program funding will be at two million dollars ($2,000,000). Atmos Energy shareholders will contribute one million dollars ($1,000,000.00) to this initiative annually with ratepayers providing one million dollars ($1,000,000.00) per year. It is proposed that the program operate on an October 1 through September 30 year, with regulatory asset/liability accounting employed by Atmos to track the difference between program funding and qualifying program expenditures. No Atmos employee labor will be charged as a program expenditure. Administration: A third-party administrator will coordinate qualification of customers, voucher distribution, subsequent verification and reimbursement of eligible expenditures and general program administration. Program administration expenses will be funded from the annual approved budget Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: Attachment A ATMOS ENERGY CORPORATION MID TEX DMSION REVISION NO: 0 RIDER: CEE -CONSERVATION & ENERGY EFFICIENCY APPLICABLE TO: All Cities except Gallas EFFECTIVE DATE: BitlsRendered on or after 8/1/2009 PAGE: 85 Audits ww'll be provided all. interested parties within 120 days of the end of each program year to determine effectiveness. Resort Atmos shall file an annual report detailing cost to administer the program including the amounts paid out of the program for energy conversation assistance. The report shall also detail the number of applicants and expenditures by geographic location, including the numbers of applications rejected and accepted and reason if rejected. The report shall be filed with the Director of the Gas Services Division of the Railroad Commission within 120 days of the end of each program year and with counsel of record for municipalities served by the Mid-Tex Division. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: ATTACHMENT B ATMOS ENERGY CORP., MID-TEX DIVISION PROOF OF REVENUES TEST YEAR ENDING DECEMBER 31, 2008 (2009 RRM SETTLEMENT PROPOSAL) Line No. Description Prospective Rate Increase 2008 True-up Total change from current rates (a) (b) (c) (d) 1 Rate R 2 Consumption Charge per MCF 3 Change from Current Rate $0.1047 $0.0060 $0.0297 4 Billing Units for Specified Period 82,321,960 82,321,960 82,321,960 5 Total Change in Base Revenue $8,619,109 $493,932 $2,444,962 6 Associated Revenue Taxes 532 144 30 495 150 952 7 Total Rate Impact $9,151,253 $524,427 $2,595,914 8 Number of Bills for Specified Period 17,244,058 17,244,058 17,244,058 9 Average Impact per Bill $0.53 $0.03 $0.15 10 Rate C 11 Consumption Charge per MCF 12 Change from Current Rate $0.0383 $0.0052 $0.0068 13 Billing Units for Specified Period 52,439,100 52,439,100 52,439,100 14 Total Change in Base Revenue $2,008,418 $272,683 $356,586 15 Associated Revenue Taxes 124 000 16 835 22 016 16 Total Rate Impact $2,132,417 $289,519 $378,601 17 Number of Bills for Specified Period 1,452,943 1,452,943 1,452,943 18 Average Impact per Bill $1.47 $0.20 $0.26 19 Rates 18~T -1st block 20 Consumption Charge per MCF 21 Change from Current Rate $0.0144 $0.0087 ($0.0150) 22 Billing Units for Specified Period 9,681,181 9,681,181 9,681,181 23 Total Change in Base Revenue $139,409 $84,226 ($145,218) 24 Associated Revenue Taxes 8 607 5 200 8 966 25 Total Rate Impact $148,016 $89,426 ($154,183) 26 Rates 18~T - 2nd block 27 Consumption Charge per MCF 28 Change from Current Rate $0.0105 $0.0064 ($0.0109) 29 Billing Units for Specified Period 10,782,882 10,782,882 10,782,882 30 Total Change in Base Revenue $113,220 $69,010 ($117,533) 31 Associated Revenue Taxes 6 990 4 261 7 257 32 Total Rate Impact $120,210 $73,271 ($124,790) 33 Rates 1&T - 3rd block 34 Consumption Charge per MCF 35 Change from Current Rate $0.0023 $0.0014 ($0.0023) 36 Billing Units for Specified Period 19,798,632 19,798,632 19,798,632 37 Total Change in Base Revenue $45,537 $27,718 ($45,537) 38 Associated Revenue Taxes 2 811 1 711 2 811 39 Total Rate Impact $48,348 $29,429 ($48,348) 40 Rates I&T -Total 41 Total Rate Impact $316,575 $192,127 ($327,322) 42 Number of Bills for Specified Period 11,571 11,571 11,571 43 Average Impact per Bill $12.79 $7.73 ($13.32) 44 45 Total Change in Base Revenue $10,925,693 $947,570 $2,493,260 46 Total Rate Impact (Inc. Rev. Taxes) $11,800,245 $1,006,073 $2,847,194 -"'-`~~ City Hall ~''~~ ~ City ~f Co~~eyvi~~e 100 Main Street `~~~ ~ ~t~ Colleyville, Texas 76034 '~~~~~~° Agenda Briefing 817. so3.lo00 www.colleyville.com File Number: R-09-3118 File Number: R-09-3118 Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 07/21/2009 Agenda No.: 7a Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block E, of the Cascades at Timarron Addition, located at 1801 Prince Meadow, Case GC09-012 Attachments: Location Map Applicant's Request Colleyville Sidewalk Escrow District Neighborhoods - 2009 Portion of the Supplemental Sidewalk Map Resolution R-09-3118 History of Legislative File Version: Date: Acting Body: Action Text: 07/21/2009 City Council Title Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block E, of the Cascades at Timarron Addition, located at 1801 Prince Meadow, Case GC09-012 Explanation Reading and Public Hearing Eric and Jana Schultz, applicants and property owners, are 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 City of Colleyville Page 1 Printed on 7/15/2009 Aaenda Briefing Continued (R-09-3118) construction on that lot or in that sidewalk district. " 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 6. Financial Impact It has been determined that the financial impact would be a refund of $1,960.00. Recommendation Denial City of Colleyville Page 2 Printed on 7/15/2009 Location Map Applicant's Request tune 8th, 2009 City of Colleyville Community Development Department ATTN: Sidewalk Escrows 100 Main St Colleyville, TX 76034 To Whom It May Concern: ~_ r~adc~ D .~Ui~ - ~ 2(lfl~l ITY SECRETARY'S FFI On May 28"', I received a denial letter for recouping my sidewalk escrow monies, and would like this document to serve as an appeal letter. About 8 years ago, I purchased the lot located at 1801 Prince Meadow Dr Colleyville, TX 76034. Upon completion of my home, I paid to have the sidewalk in front of my house constructed and escrowed monies for a potential, future sidewalk adjacent to my property (at the entrance of the neighborhood, beyond my property line). At the time, I felt very strongly that I shouldn`t be responsible for paying to have a sidewalk built, which was at the entrance of the neighborhood, and not on my property. Today, I am more strongly against my escrowed funds potentially being utilized to fund other sidewalks in the community. After 8 years and ample time to construct the adjacent sidewalk, I am requesting a full refund of the escrowed monies. Sincerely, ~ G ~ -:~ E "~ Jana Schultr 1801 Prince Meadow Dr Colleyville, TX 76034 HM (817) 424-1834 Cell (Z14) 552-8317 r W z 3 .. o ~ y :" ~ ~ ~ K ~~ r ~ ~, N ~~~. o' ~ t?, ~> ~ to '`~ ~' ~ .. °D 00 ~~ ~~: ~ ti~ :: ,,. . ., r 4 ~ V ~ ' #~ ~t ,. ", e. .~~ ~ r ~ .. a } 9~ ~. E ~: i-,F 4 ,a,~4t Z, j ~}r a~ t t' y ~~ ~ I ~' kuF~'' ~~ ~p,~L. ~~( ~~ ° ~~ X' .l,n- ~;~ a t -t ~~< ~ ~ ~~ ra t,~ + ~ u t g §ti t~ 3.. .,. .~~ ~i ~ ~ •M1+ 3r. O ~•~ T°' 73 ~~ { t ' :, _ ~f~ x ~~ ; n a- ~ t s r ., ~~ ~< ~_ f ~ ~` ~ ~~S .~ ~P,~~~'6 ~~t., a~~r ,.. 3-I .~ s~,,i ~... ,7 ''....~ ~~x- - ~`~ ,Y'' •> -'~'` `~ '-ti=.s= ~ ,its ~ Sr t ~;~y., x' 1:. ~t~ _. :~ ",~. 5 .i IR 3 r k '^5 ~ ~ -_ ~ w, ~ W = 1~ ~ Y ~ ~+ x r U r~ ~ 4v t -~r~t~~}'~e 9&~i r 41~~~ . 7 ' Ir~t vL r~ ,xrt'? ; _ .:r ,f; ~ ~ -- ti -~~ A t Portion of the Supplemental Sidewalk Map ,. .~°~ } ~ ~, ~_w..~. r _. ~y ~..~ ~ ... ... _ p_ .. a ~- - ~ ~~ ~ Site -~,. ~~ x: ~ i~ ,,,.~.. i ~,._,. ~::,u ~~ . 11 .... ~. ~. ~'~~ e~ rte ~~ ~~ S'~'+C ~..-.....,_ .~ ~. _ id.. J; ..._.Jt . ~ I ~, ~t ~~ `~ yam" ~~~ ~ ~ x' ! L~w- ~~ 3'~~ ~ ~, ~y ,: A ~ .'~ d `~„ ~gend Required Si~ievvalks (Between 4' 8~ fi' in V+lidth). Existing and Proposed Trails (Between 8' S~ 92' in Width Cottonbelt Trail {90' Walk oonnect Grapevine and Hurst) *~ -Private V'~Iking Paths (May be any size) Sidewatks NOT Required Es~~vw option #ar Siderva[ic Municipal Locations Patlcs Schvvls Water Features City Linvt RESOLUTION R-09-3118 A RESOLUTION APPROVING A REQUEST FOR A REFUND OF THE SIDEWALK ESCROW FEES FOR LOT 1, BLOCK E OF CASCADES AT TIMARRON ADDITION IN THE AMOUNT OF $1,960.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT a refund in the amount of $1,960.00 is hereby granted to Eric and Jana Schultz of 1801 Prince Meadow 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:~r~ ~ -~ ~l SPEAKER CIKRD _~ I will speak in Support of this item. '~ ~~~~~ 5r~ - Iwill speak M t~pposltion to this fem. ~}cro ~' ~ ,, I do not v~ish to speak. but please records my: ^ support.. ^opposition Agenda Item Nwm~r: -~'-,y,~-- Ordinanc Resolution Number: ~/~, Name• '~6 ~'U•U C '~J~r~ Address• b/~~f City: _ l~ ~ State:-~, ~ .Zip. Code:.„ Telephone Number:B~Z?,~ Representing: ~~,_ -- 1 understand / am Ilm/teal to speak/ng for flue minutes. F a' business not //sled on tl» ayenda,as a Publk Hewing, C/ty Cvuncll wHJ not ~~ Iq accordance +Mrith ~ T Oplln MevH Chapbr'.J51 of the Texas Local Gov, 'ent Code. ..Signed: is a Public Record. ~, ~ <~r ~`~~.. `" ~ City of Colleyville 100 Mtain Street ~~ Colleyville, Texas 76034 °~~~~ Agenda Briefing $17.503.1000 www.colleyville.com File Number: R-09-3119 File Number: R-09-3119 Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 07/21/2009 Agenda No.: 7b Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block 1, of the Van Oaks Addition, located at 205 Van Oaks Drive, Case GC09-013 Attachments: Location Map Applicant's Request Colleyville Sidewalk Escrow District Neighborhoods - 2009 Portion of the Supplemental Sidewalk Map Resolution R-09-3119 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/21/2009 City Council Title Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block 1, of the Van Oaks Addition, located at 205 Van Oaks Drive, Case GC09-013 Explanation Reading and Public Hearing Guy Church, 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 7/15/2009 Agenda Briefing Continued (R-09-3119) 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 6. Financial Impact It has been determined that the financial impact would be a refund of $1,680.00. Recommendation Denial City of Colleyville Page 2 Printed on 7/15/2009 r Location Map 3~ ~ 31p sos sot 214 ~1a ~~$ - 8385 ti' ~ $It@ ~ 317' ' 31:3 3Q9 3015 301. .213 204` 2U5 20 '`~ ~ :~ ~ ~ ._ ,,:- ' 62'[.6 ~t~ ~ ~ ~ ~ ~3{}6 344 3130 ~ 248 621 S 10 t 1 d~,' . ~. 6212 63fl5 '' ,~~~ _.,fi~20.=. ~~6~'2E38 ~~ 4D0 ~- 3~ , -Y^ ` 205 ~ .~ _ ,'' : ~ ,114. 62~D1 6208: l't ~ 61'U8 6204 1 31~ 311 a 303 G~ b113 fi200 :6112 .. ~ ~. ~ ~ ~~~q ,~~^p _~.:_ ° ~ ~ ' ~¢"'~t7[Ri ,y ~ ~' -};.y ~ psi '* '~ ~y fit ~i ~ ~ K ly ki}+W, - ~ 1~` ~iL 6105 fiif34 17~: ~13~ 3G9 .30.5 31711 ~ ~,~ - ~ 6101 61~ BQ12 6QU8 444 ~ .; i ~ - ~~, 6{T13 Q ~ Y E. ` :S~• - L rye" .6e Sr, Y. t . ~~11p 6~ t .: 5.919 , ; ~- ,~ - ~:,~ - ,; fiQOf} 21`1 2p7 Applicant's Request City Secretary City of Colleyville 100 Main St. Colleyville, TX 76034 Re: Sidewalk Escrow 205 W Va n Oa ks Dear Ron Ruthven, !.! ~ L5 .SUN ~- 8 ZQO` TARY'S Thank you for your recent correspondence on the refund of my sidewalk escrow. I would like to schedule a time to review this in person, as I do not agree with the denial for the refund of our recent sidewalk escrow. Laura and I have been Colleyville residents since 1994. We have two lots that are connected and one had our primary residence for the last 15 years. In 2007, we decided to demo our 25 year old house and build a new house (this has tripled the appraised value for tax purposes and increased significantly our city taxes moving forward). During the rebuilding process we were informed of the sidewalk requirement and put the funds in escrow. I read and believe I understand the new changes to the sidewalk code for new construction and the supplemental sidewalk map. However, we have been Colleyville residents for over 15 years and have paid over $8,000 in city taxes alone over this past 15 years. During that time our street (Van Oaks) has not had any repairs or improvements, much less sidewalks added. I believe we have made our contribution to common sidewalk areas for the city and would like the opportunity to review this further. Thank you for your consideration and I took forward to speaking with you or someone from your department. hurlrh Guy C W z 3 o ~ ~ ii, ~ _.. _ v F~ : _ , O .- ... ~v.: _. O ~.~ N i '''~ o r to ~~ <;~- ~ ~ -~ " ~ ~~. L ~ ,h w .fl ~E ~ ^~w~.,~ IE ~ J g~y~,,fi~ ~, "3~ ~ ~. 4 j' L 3 ~. , ~` i _~ (/\) -~~ 5 ~i rf ,k 7 ~ ~ t ~ g ? 'r T ; t. '~ " F ~~ i ~~ ~' ~ ~ ~ `tn`~'z ~ ~ ~ "f ' t *'~ Xis ~ ~°~".~ " 14 r ~ . v ~` Z ~ C ~ ~ N t t ~ ~r, ~ _ U l' {mil N Y~ ~Q4i ~ II ~ A ~~. rt ;I ~ ~ ,~ r, ~ r ,~ ti , t ~ ~. ,iA3sG ~ ,7-, ~ i i~.~~~ ~Y ~ 4~ ~ ~ 1~ k ~s '} t 4 _ Y/ ~ ~~ t .. ~zxr~ rv ~ ~~,~ i r ~ ~ i ~~z ~ rs .,~ ~ _ t ~ 1. ~ t4~ f ~~ _ Z . ~ ~~ i; • ~ i b 2 y~? .t ~$ '~ 31:1 k+e :~ ,, -. .r~F.+ { ~ U -s ~ K ~ g O ~1~1, n ~' ~'~__ h T ,~„r 3~ f_~ Y ~ Y ! s E t f4~ ~; t a Cry "~ ~ > S //~~ t [ a t. y i 4 t t f W 1 ~~ ~ i ~, ~~ ~ i ~q'~ ~ ~, Lam`" ~ i r `1 ~ ... w.. i,. N . _. t r ~ O F~ Y i ~ i 'aE~ ~ D ~.,,j 2 t - _ ,k W aSYr ~ 7 W i ~• 1~~~ 4 3 ~ t'~ 4 ~. a J ,~. a I ~,'"' a~, ` ~ ,.~ alt r ~ .~ ~~ any h'= ~ < r * y2 l: ~ S J~k~' ~ ~^°~'rT' ~~~ ~ ~ Sy td y x - f~ F s ~h ' "r~A Yi Get ~ ~ '~k't ', b~ r ~ '"x .s.'.~„~,€ ~t,~'•'? f~ e~u~ ~ i ~~i ~ F~Fa ~~'&. ~} -~.i ~. 't5 ~..~F~~~ rye ~~ r2 ~r.'a - ~ z ~~'i j ~ ~• ~ ~ ".Y" l i y~ i '! ~ s.Y '_ rr~ -Z ; ~ ~s,`~ i s r~ y,~ .t J U -rr~~' ~ i r~s~~~' ~s ~x ~{ ~f?' f Y'~1; a' r _ f ~~Si ~1. e 'S= J.i>F t' E t Portion of the Supplemental Sidewalk Map I~e~. Required Sic{ewalits ~~fween a" & s' in rlV~dm). Existing and Rrt~p~ased Tram ($atween B' & 12` in tNidth Cotfan~eft Tail ~~0' V4~Ik connect Grapevine and Hurst- .. - Privy#e V'~Iking Paths {May tae any size) Sidewalks t~EIT Required Escrow Option 1`or Side(k ~k Munici}aal Locations Parks Schr~~#s ~#er Feafures City Lirrvt Railroad RESOLUTION R-09-3119 A RESOLUTION APPROVING A REQUEST FOR A REFUND OF THE SIDEWALK ESCROW FEES FOR LOT 1, BLOCK 1 OF VAN OAKS ADDITION IN THE AMOUNT OF $1,680.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT a refund in the amount of $1,680.00 is hereby granted to Guy Church of 205 Van Oaks Drive 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 GH ~ al. ~' ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 Tr~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3120 File Number: R-09-3120 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 07/21/2009 Agenda No.: 7c Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of appointments to the Colleyville Economic Development Corporation (CEDC) Board of Directors Attachments: Colleyville Economic Development Corporation Board roster.pdf Resolution R-09-3120.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 07/21/2009 City Council Title Consideration of appointments (CEDC) Board of Directors Explanation Reading and Public Hearing to the Colleyville Economic Development Corporation As per the Articles of Incorporation of the Colleyville Economic Development Corporation (CEDC) Board, if a member of the City Council ceases to be a Councilmember, such event shall constitute an automatic resignation as a director and such vacancy shall be filled in the same manner as other vacancies. Councilmember Tony Licata resigned from the City Council and the term of Councilmember Tom Hart expired in May 2009. This item provides for City Council to consider the appointment of two Councilmembers to the CEDC. Financial Impact It has been determined that there in no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 7/13/2009 Colleyville Economic Development Corporation PRESIDENT David Kelly 905 Inwood Lane Colleyville, TX 76034 W: 817.410.3715 H: 817.656.1862 F: 817.410.3716 kellyd@ci.colleyville.tx. us TERM: June 2007 -May 2010 DIRECTOR VACANT TERM: -Present DIRECTOR Yvonne Gilliam 2007 Tarrant Lane Colleyville, Texas 76034 H: 817.424.2679 F: 817.424.2678 publicity@entertainmentpr.com TERM: September 2007 - 2009 DIRECTOR VACANT TERM: -Present DIRECTOR Greg Appel 404 Lloyd Circle Colleville, Texas 76034 W: 817.706.4484 H: 817.428.1337 gappel sbcglobal.net TERM: September 2007 - 2009 DIRECTOR James Spriggs 2505 Highland Meadows Drive Colleyville, TX 76034 H: 817.329.0103 F: 817.329.0103 carspriggsCa~verizon. net TERM: September 2007 - 2009 DIRECTOR Carol Wollin 4600 Dartmoore Lane Colleyville, TX 76034 H: 817.281.3058 wollinc@.ci.colleyville.tx.us TERM: June 2008 -May 2010 FINANCE MANAGER Terry Leake 100 Main Street Colleyville, TX 76034 W: 817.503.1015 H: 817.379.5014 F: 817.503.1019 IeaketCcc~ci.collewille.tx.us GENERAL MANAGER Jennifer Fadden 100 Main Street Colleyville, TX 76034 W: 817.503.1116 faddeni .ci.colleyville.tx.us SECRETARY Cynthia Singleton 100 Main Street Colleyville, TX 76034 W: 817.503.1133 F: 817.503.1139 singletonc a(~.ci.colleyville.tx.us Revised 07-08-2009 RESOLUTION R-09-3120 A RESOLUTION APPOINTING MEMBERS TO THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS WHEREAS, in accordance with Articles of Incorporation of the Colleyville Economic Development Corporation (CEDC), if a member of the City Council ceases to be a Councilmember, such event shall constitute an automatic resignation as a director and such vacancy shall be filled in the same manner as other vacancies; and WHEREAS, one (1) Councilmember resigned and one (1) Councilmember's term expired. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Councilmembers and shall be appointed to serve on the Colleyville Economic Development Corporation Board of Directors for a term concurrent with their term on the City Council. 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 ~'u~or F ~ City of Colleyville ,~x.~ ~ Agenda Briefing File Number: R-09-3121 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-09-3121 File Type: Resolution Version: 1 Agenda Date: 07/21/2009 Requester: Office of the City Agenda No.: 7d Secretary File Name: Consideration of appointments to the Audit Committee Status: Resolution Controlling Body: City Council Final Action: Attachments: Audit Committee roster.pdf Resolution R-09-3121.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 07/21/2009 City Council Title Consideration of appointments to the Audit Committee Explanation Reading and Public Hearing On June 17, 2003, City Council established an Audit Committee whose purpose is to review a draft of the audit report and meet with the auditors before the audit is presented to the full City Council. The Committee is comprised of three Councilmembers whose terms shall be concurrent with a member's term on the City Council. Councilmember Tony Licata resigned and the term of Councilmember Tom Hart expired May 2009. This resolution provides for the City Council to appoint two Councilmembers to the Audit Committee. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 7/15/2009 Audit Committee VACANT TERM: -Present VACANT TERM: -Present David Kelly 905 Inwood Lane Colleyville, TX 76034 W: 817.410.3715 H: 817.656.1862 F: 817.410.3716 kellvdCa~ci.collewille.tx.us TERM: June 2007 -May 2010 Revised 09-19-2008 RESOLUTION R-09-3121 A RESOLUTION APPOINTING MEMBERS TO THE AUDIT COMMITTEE WHEREAS, the City Council established an Audit Committee, which is ultimately responsible for the stewardship of the City's funds and an annual audit is required by the Charter; and WHEREAS, the Audit Committee, composed of three Councilmembers, reviews a draft of the audit and meets with the auditors before the audit is presented to the full City Council; and WHEREAS, one (1) Councilmember resigned and one (1) Councilmember's term expired. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Councilmember and Councilmember shall be appointed to serve on the Audit Committee for a term concurrent with their term on the City Council. AND IT IS SO ORDERED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~~~ ~` City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~° Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3122 Version: 1 File Number: R-09-3122 File Type: Resolution Agenda Date: 07/21/2009 Status: Resolution Controlling Body: City Council Requester: Office of the City Agenda No.: 7e Final Action: Secretary File Name: Consideration of appointment to the Parks and Recreation Advisory Board Attachments: Raelene Darling Resignation Letter dated June 11, 2009.pdf Parks and Recreation Advisory Board roster.pdf Application for Appointment.pdf Resolution R-09-3122.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 07/21/2009 City Council Title Consideration of appointment to the Parks and Recreation Advisory Board Explanation Reading and Public Hearing On June 11, 2009, Ms. Raelene Darling, whose term expires December 2010, resigned from the Parks and Recreation Advisory Board. Parks and Recreation Director Monica Walsh requested the position be filled as soon as possible to provide for a quorum for Parks and Recreation Advisory Board meetings. During the July 7, 2009 Pre Council meeting, it was determined that City Council would consider an appointment to the Parks and Recreation Advisory Board during the July 21, 2009 City Council meeting. An Application for Appointment was received from Ms. Suzanne Hughes. This item provides for City Council to consider an appointment to the Parks and Recreation Advisory Board. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 7/17/2009 From: Raelene Darling Sent: Thursday, June 11, 2009 10:41 AM Ta: Wanda Drexel Cc: Carol Wollin Subject: Resigning as a Member of Parks and Recreation Board Wanda, I have accepted a position in California and will be starting July 6~". Please advise me of the procedure for resigning as a member of the Parks and Recreation Board. %Z,Gt,2~PiVl.P~ 17GU''Z1.YLC~ 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 PLACE 2 Kenneth Llewellyn 7905 Jefferson Circle Colleyville, TX 76034 W: 817.410.4775 H: 817.498.5639 F: 817.410.4776 ken.Ilewelly~employeebenefitresources.r om TERM: September 2008 - December 2009 VICE-CHAIRMAN Vince Rosen 1313 Chatsworth Court East Colleyville, TX 76034 W: 817.307.0563 H: 817.577.4862 F: 817.788.1767 vinceCa~rosenhome.com TERM: December 2008 - 2010 PLACE 4 Deena Dendy 4906 Cranbrook Drive East Colleyville, TX 76034 H: 817.545.2176 dedendy@tx.rr.com TERM: December 2007 - 2009 PLACE 6 PLACE 8 Brian Estridge Rick Paddock 7209 Windswept Trail 206 Mill Valley Drive Colleyville, Texas 76034 Colleyville, TX 76034 W: 817.966.2073 H: 817.577.8548 H: 817.788.0898 RGPConsultsCa~tx.rr.com b.estridgeCa~tcu.edu TERM: December 2008 - 2009 TERM: December 2007 - 2009 PLACE 1 VACANT TERM: -December 2010 PLACE 5 Debby Abitz 1711 Tyler Street Colleyville, TX 76034 H: 817.996.0059 md.abitzt~hotmail.com TERM: December 2008 - 2010 GCISD LIAISON Charlie Warner 3051 Ira E. Woods Grapevine, TX 76051 swseiko _aol.com Revised 01-2h-2009 APPLICATION FOR APPOINTMENT FOR CITY COUNCIL APPOINTED BOARDS, COMMISSIONS AND COMMITTEES Planning and Zoning Commission and Zoning Board of Adjustment applicants are requi and Business Conflict of Interest forms two (2) business days after the application deadline a on the City's website at htt ://www.colle ville.com~les/Financial%20Disclosur~s%20form. Secretary at 817.503.1130. .IUU ~ ~ ZOO`1 Board, Commission or Commpittee: (QQO..~~nly th--onnse with current openings) 1. ~ C-S ~~ CX`e.~~ i7~, E.X'i'~~?~C. I SEC ET Y' I,~ou are willing to be considered for a board commission or committee other than vour first choice please list below 2. 3. Name: Ms. Mrs. r. ~ ~.~.2-C~.111'1~ 1' 1~[~v Address: ~ ~ GEC'! Q`_C% ~i ~C.x~~ Home Telephone: ~? ~ 7 • ~32~ • CX`~ ~ Telephone: ~ l •~ • ~ 2~ ~ 3~-3 S BY provlding an a-mail address, you are consenting to the release of your a-mail address by the City. E-mail Address: ~7A4'l l'K? - kj ( D- S ~ ~ • r r • C-om Fax: ~ 17 • ~a ~ • `t~ ~~ O Knowledge, experience or education applicable to Board, Commission or Committee function: ~t_ ~r~ ~-e.ey~ ~t re s i cleM.~ n~ ~'-oL I ~,,v~ I le ..~~ as f - I o ~e e~r-s c~~ ~e. ,c ~ Q ~c~fi.~~ n-F -{-w ~ ~ ha,+~ ~~.,~-~-~ alo-F- a-(' -~,` rre.~ _~-~- cc~ c~ ~'s ~l,rwl~l;~ ~~a.uz.s «.~,~ -~e,~ ~ cQ~ ~~ ~ maac.e. c~~hsfa-~,ec~'~ SGCq~csfi'c~ ~~ I r rL~l~ h~ ~, ~ , ~ ~F Ci.cr ci -Iz t,~~s ~ QS Ck, n'~.rhC.~.r o-F ~- Ca~ sec ~ I ( ~ ct,rc~e.+1 C ff ~b hd.~ ~cc.ess ~, a as~~ kna.~ 11-e~~~.e, ~ -~-n he. ~~ e.~s~~' w her informatlon:'(~ty service and expenence, civic organizations, interest in serving): r1;xx~u-- '~~'w', ~ ~„-nvernc s . ~I P ~.~ ~,_~.~Q:.r>q~~~~ n~ - ~~i.I~,~v; ll~, ~ ~:r~e~ C'lu~ - ~~~ - ~rt°se~-~ 1``'{ UP r/ ~ ~I~~rtxms - C'nl (•~,.atiry Il,~. ~k~.~~Q-~~ICx~~.oo_Q - ~c~r.~~~ - any P~,~~,~5 `~C~ C i nctud.:~,~{ Check If ad'd ?.Q.ci.fi~~'ca~'~*r~ , I-f,~-~-er, am ~ are attached. ~~~~! -- tgclq- resew F c#-,` Ens ~ plus n Do you u tend that attendance and active support is required for each appointee? Signatures -V1.4~~~ /J ~ Date: ~ ° l O ~ ©~ Once positions have' filled, you must reapply for future openings. All information provided is public pursuant to the Texas Public Information Act. Please return completed app/lca8on to: Clty Secretary, 100 Main Stnae~ Colleyvllle, Texas 76034. ORice: 817.503.1130 Fax: 817.503.1139 singletvnc~ci:colleyvllle.tx.us RESOLUTION R-09-3122 A RESOLUTION APPOINTING A MEMBER TO THE PARKS AND RECREATION ADVISORY BOARD WHEREAS, one (1) member of the Parks and Recreation Advisory Board, whose term expires December 2010, resigned. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT is appointed to fill Place 1, with an unexpired term of December 2010, on the Parks and Recreation Advisory Board. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~.~ ~ <., ~ City of Colleyville 100 Mlain Street Colleyville, Texas 76034 T,~°~~ 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 Agenda Date: 07/21/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 8a Final Action: Secretary 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 0-09-1716B.pdf Ordinance 0-09-1716C.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/05/2009 City Council 1 05/19/2009 City Council 1 06/02/2009 City Council 1 06/16/2009 City Council 1 07/07/2009 City Council 1 07/21/2009 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 21, 2009 There was no action taken by the City Council on July 7, 2009. 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. City of Colleyville Page 1 Printed on 7/16/2009 Agenda Briefing Continued (0-09-1716) The City Council tabled the proposed ordinance. Update June 2, 2009 Mr. Christopher Whitaker, who submitted the petition and original ordinance to the City Secretary on April 21, 2009, has submitted a third Ordinance 0-09-1716C to the City Attorney. The third ordinance is included for City Council consideration, as welt 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 7/13/2009 CERTIFICATION OF PETITION TO INITIATE LEGISLATION From: City Secretary: As the authority responsible pursuant to the Colleyville City Charter for examining the Petition to Initiate Legislation, I hereby certify that the Petition is signed by the requisite number of qualified voters, at least forty percent (40%) of the number of votes cast at the last regular municipal election of the City, and no less than five hundred petitioners. C,~/nthia(Singleton, City Secr a~ zoo9 (Seal) D e of signing Correspondence between the City Attorney and Mr. Whitaker From: M. Christopher Whitaker Sent: Tuesday, May 12, 2009 9:55 AM To: 'Matthew Boyle' Cc: Jennifer Fadden Subject: RE: Revised initiative I just wanted to make sure this was OK. I can send it if this is acceptable? I have modified it to adjust for the issues you raised and to make sure no new taxes arise as is now being alleged. This should be addressed and funded by the T and state as it is them executing the taking. My home value has dropped $30k because of the rail issue. This is contrary to the appraisal district valuation. Chris Whitaker From: Matthew Boyle Sent: Tuesda Ma 12, 2009 9:45 AM To: wil~~~~ Cc: Jennifer Fadden Subject: Revised initiative Mr. Whitaker, It looks like your original email was caught in Spam. Did you intend to include attachments? Thanks. Matthew C. G. Boyle BOYLE & LOWRY, L.L.P. 4201 Wingren Plaza, Suite 108 Irving, Texas 75062 (972) 650-7109 Office (972) 650-7105 Facsimile From: 5PAM Sent: Tuesday, May 12, 2009 6:46 AM To: Matthew Boyle Subject: FW. - Revised initiative From: M. Christopher Whitaker Sent: Friday, May 08, 2009 11:34 AM To: Matthew Boyle Subject: Revised initiative I have completed what we felt necessary to address the resolution and the ordinance. As the original filer, I wish to submit these in accordance with the city charter meaning without alteration as to meaning or effect in the opinion of the person filing the petition. You had previously represented to your client that items two (2) and (4) of the ordinance might not be enforceable by the city and that the resolution included reference to an misidentified prior resolution. As a novice in this arena, I believe I have corrected these without alteration as to meaning or effect of the petitions. While I hold this belief, I wish to submit them to you only at this time for determination as to whether the corrections are sufficient in your client's opinion as to the enforceability of the ordinance and accuracy of the numeration of the prior ordinance. I reserve the right to modify the petitions in accordance with the city charter, Is this an acceptable proposal to initiate this exchange? M. Christopher Whitaker Board 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 Correspondence between the City Attorney and Mr. Whitaker dated May 27, 2009 From: M, Christopher Whitaker Sent: Wednesday, May 27, 2009 12:11 PM To: Matthew Boyle Subject: Iniatives Please find the ordiance attached. As the filer of the voter initiative, I am submitting the updated resolution without alteration as to meaning or effect in the opinion of the person filing the petition. Additionally, as the filer of the voter initiative, I am submitting the updated ordinance without alteration as to meaning or effect in the opinion of the person filing the petition. Please submit these to the City Secretary for presentation to the Council at the next meeting. M. Christopher Whitaker Board Certified Texas Board of Legal Specialization John R. Salazar, P.C. 8100 John Carpenter Freeway Suite 200 Dallas, Texas 75247 214-696-5292 Fax: 214-943-3393 ORDINANCE 0-09-1716 AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR LOWERING THE RAIL BED TO PREVENT TRAFFIC CONGESTION AT RAIL CROSSINGS; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RA[L 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 fi:eight 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. l . 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. Sac. 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 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 0-09-17168 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 ORDINANCEN___~__ 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 (DETS) 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 Cottonbelt Railroad does have a significant impact on tJze 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 13ransford 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, to the extent the City of Colleyville has any right or authority to prohibit a station, the construction of any rail station or rail stop is prohibited in the City of Colleyville. Sec. 3. THAT the City of Colleyville will not provide funds for the construction, maintenance, or operation of a rail stop or rail station. Sec. 4. THAT, to the extent the City of Colleyville has any right or authority to require it, while not increasing taxes and not implementing new taxes to fund this reconstruction and not expending City of Colleyville funds in thi.e recnn.rtruction, the reconstruction of the Gottonbelt for purposes of carrying commuter rail shall consist of construction of a rail bed at the City of Colleyville's three road crossings that is lowered below the surface grade so that the railway is below surface level, whether open or a tunnel, and shall also consist of construction of overpasses for the three road crossings at Bransford Road, Pleasant Run Road, and John McCain Road. Sec. 5. THAT in addition to and accumulative of all other penalties the City shall have the right to seek injunctive relief for any and all vio]ations of this ordinance. Sec. 6. THAT this ordinance shal] 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 constn~ction 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 ofthis ordinance shall be judged invalid or unconstitutional the same shall not affect the validity ofthis ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT the effective date ofthis Ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. Ordinance 0-09-17168 Page 5 of 5 The first reading and public hearing being conducted on the 5`h day of May 2009. The second reading and public hearing being conducted on the 19~h 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 O RDINAN C E_________ AN ORDINANCE PROHIBITING THE CONSTRUCTION OF A RAIL STATION OR RAIL STOP IN THE CITY OF COLLEYVILLE; PROVIDING FOR ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR THE GOVERNING LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Colleyville supports regional efforts to address the mobility and air quality needs of the citizens of North Texas; and WHEREAS, the Colleyville Commuter Rail Citizen Committee (CCRCC) investigated the possibility of commuter rail and freight rail through the City of Colleyville and establishment of a commuter rail station in the City of Colleyville; and WHEREAS, the Draft Environmental Impact Study (DEIS) of the Southwest to Northeast Commuter Rail (SWNECR) project focused entirely on commuter rail and did not include examination of negative impacts of freight traffic in the City of Colleyville while specifically providing freight traffic would use the rail line; and WHEREAS, the Cottonbelt Railroad affected within the City of Colleyville is an antiquated railroad which has very little rail freight traffic consisting oflow-speed, empty freight cars and has the occasional tourist Tarantula Train; and WHEREAS, many citizens of the City of Colleyville purchased their homes with the understanding this was the only type of rail traffic traveling the railroad; and WHEREAS, the railroad affected within the City of Colleyville will require complete reconstruction of the railroad to carry any type of train that travels over twenty-five miles-per-hour or is fully loaded; and WHEREAS, the CCRCC noted areas of focus of impact should a station be completed in the City of Colleyville included public safety, noise, pollution, property values, traffic congestion, crime, station location and design, and total cost and noted areas of focus of impact should commuter rail operation commence as outlined in the DEIS in the City of Colleyville included public safety, noise, pollution, property values, and 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 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 w1 ' q/ ~ City of Colleyville 100 Mlain Street Colleyville, Texas 76034 T°~~y° 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: 07/21/2009 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 1 07/21/2009 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 21, 2009 There was no action taken by City Council on July 7, 2009. Update July 7, 2009 There was no action taken by City Council on June 16, 2009. Update June 76, 2009 During the June 2, 2009 City Council meeting, one citizen spoke in opposition and one citizen spoke in favor of the proposed resolution. City of Colleyville Page 1 Printed on 7/16/2009 Agenda Briefing Continued (R-09-3093) The City Council tabled the proposed resolution. Update June 2, 2009 Mr. Christopher Whitaker, who submitted the petition and original resolution to the City on April 21, 2009, has submitted a third Resolution R-09-3093C to the City Attorney. Resolution R-09-3093C is included for City Council consideration, as well as the original and second Resolution R-09-30936. Correspondence between the City Attorney and Mr. Whitaker regarding Resolution R-09-3093C is attached. 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 7/13/2009 CERTIFICATION OF PETITION TO INITIATE LEGISLATION From: City Secretary: As the authority responsible pursuant to the Colleyville City Charter for examining the Petition to Initiate Legislation, I hereby certify that the Petition is signed by the requisite number of qualified voters, at least forty percent (40%) of the number of votes cast at the last regular municipal election of the City, and no less than five hundred petitioners. City off'` ~ 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? I have modified it to adjust for the issues you raised and to make sure no new taxes arise as is now being alleged. This should be addressed and funded by the T and state as it is them executing the taking. My home value has dropped $30k because of the rail issue. This is contrary to the appraisal district valuation. Chris Whitaker From: Matthew Boyle Sent: Tuesday, May 12, 20~ 5 AM To: ~~ Cc: Jennifer Fadden Subject: Revised initiative Mr. Whitaker, It looks like your original email was caught in spam. Did you intend to include attachments? Thanks. Matthew C. G. Boyle BOYLE & LOWRY, L.L.P. 4201 Wingren Plaza, Suite 108 Irving, Texas 75062 {972) 650-7104 Office {972) 650-7105 Facsimile From: SPAM Sent: Tuesday, May 12, 2009 6:46 AM To: Matthew Boyle Subject: FW. - Revised initiative From: M. Christopher Whitaker Sent: Friday, May 08, 2009 11:34 AM To: Matthew Boyle Subject: Revised initiative I have completed what we felt necessary to address the resolution and the ordinance. As the original filer, I wish to submit these in accordance with the city charter meaning without alteration as to meaning or effect in the opinion of the person filing the petition. You had previously represented to your client that items two (2) and (4) of the ordinance might not be enforceable by the city and that the resolution included reference to an misidentified prior resolution. As a novice in this arena, I believe I have corrected these without alteration as to meaning or effect of the petitions. While I hold this belief, I wish to submit them to you only at this time for determination as to whether the corrections are sufficient in your client's opinion as to the enforceability of the ordinance and accuracy of the numeration of the prior ordinance. I reserve the right to modify the petitions in accordance with the city charter. Is this an acceptable proposal to initiate this exchange? M. Christopher Whitaker Board 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 From: M. Christopher Whitaker Sent: Wednesday, May 27, 2009 12:10 PM To: Matthew Boyle Subject: Initiatives Please find the resolution attached. The ordinance will follow. As the filer of the voter initiative, I am submitting the updated resolution without alteration as to meaning or effect in the opinion of the person filing the petition. Additionally, as the filer of the voter initiative, I am submitting the updated ordinance without alteration as to meaning or effect in the opinion of the person filing the petition. Please submit these to the City Secretary for presentation to the Council at the next meeting. M. Christopher Whitaker Board Certified Texas Board of Legal Specialization John R. Salazar, P.C. 8100 John Carpenter Freeway Suite 200 Dallas, Texas 75247 214-696-5292 Fax: 214-943-3393 RESOLUTION R-09-3093 A RESOLUTION RESCINDING RESOLUTION 30R0695 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS A RESOLUTION RESCINDING RESOLUTION 3080695 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS WHEREAS, the Metropolitan Mobility Plan of the Regional Transportation Council plans to create a regional passenger and freight rail line that will traverse approximately 8 miles of residential areas between Fort Worth and Grapevine, Texas; and WHEREAS, nearly the entire distance that falls within the City of Colleyville is in our residential areas; and WHEREAS, .homeowner property values will be significantly and negatively impacted by the increase in trains, especially those that carry freight; and WHEREAS, the current Metropolitan Mobility Plan does not include additional under/overpasses at any of the more than two dozen road crossings along this line; and WHEREAS, the high volume of increased rail traffic and subsequent closing of these roads several times a day to allow the passage of said trains will result in a significant increase in road congestion along the entire rail line, including in our city; and WHEREAS, the Regional Transportation Council has solicited its member cities to fund a lobbyist contract with Hi11Co Partners to influence the 8151 Texas Legislature to authorize new taxes and/or fees to pay for mobility needs, including rail service. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE TEXAS: Sec. 1. THAT Resolution 3080695 is rescinded in its entirety. Sec. 2. THAT the 81st Texas Legislature be and is hereby urged to NOT authorize metro area counties to levy, subject to voter approval, a vehicle registration fee motor fuels excise tax, mileage fee driver's license fee, and roadway impact fee to fund their mobility needs, including rail service. Sec. 3. THAT the City of Colleyville does NOT support the current Metropolitan Mobility Plan for the Southwest-Northeast rail initiative. Sec. 4. THAT the City of Colleyville urges construction of rail underpasses at each of the road crossings along the proposed Southwest-Northeast route. Sec. S. THAT the City of Colleyville urges the adoption of light commuter rail to move passengers and the prohibition of freight trains on the Southwest-Northeast route. Sec. 6. THAT the City of Colleyville will not fund, either directly or indirectly, lobbyists hired by the Regional Transportation Council working to support, fund, or otherwise implement the Metropolitan Mobility Plan. Sec. 7. THAT no train station construction or operation will be funded by the City of Colleyville. AND IT IS SO RESOLVED. Resolution R-09-3093 Page 4 of 4 APPROVED BY ABSTENTIONS 2009. ATTEST: A VOTE OF ON THIS THE AYES, NAYS AND DAY OF CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor RESOLUTION R-09-30936 A RESOLUTION RESCINDING RESOLUTION R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS A RESOLUTION RESCINDING RESOLUTION R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS WHEREAS, the Metropolitan Mobility Plan of the Regional Transportation Council plans to create a regional passenger and freight rail line that will traverse approximately 8 miles of residential areas between Fort Worth and Grapevine, Texas; and WHEREAS, nearly the entire distance that falls within the City of Colleyville is in our residential areas; and WHEREAS, homeowner property values will be significantly and negatively impacted by the increase in trains, especially those that carry freight; and WHEREAS, the current Metropolitan Mobility Plan does not include additional under/overpasses at any of the more than two dozen road crossings along this line; and WHEREAS, the high volume of increased rail traffic and subsequent closing of these roads several times a day to allow the passage of said trains will result in a significant increase in road congestion along the entire rail line, including in our city; and WHEREAS, the Regional Transportation Council has solicited its member cities to fund a lobbyist contract with Hi11Co Partners to influence the 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 of this construction of this design and not implementing new taxes to pay for this construction of this design. Sec. 5. THAT the City of Colleyville urges the adoption of light commuter rail to move passengers and the prohibition of freight trains on the Southwest-Northeast route. Sec. 6. THAT the City of 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. Sac. 7. THAT no train station construction or operation will be funded by the City of Colleyville. AND IT IS SO RESOLVED. Resolution R-09-30938 Page 4 of 4 APPROVED BY 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-09-3093C A RESOLUTION RESCINDING RESOLUTION R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS A RESOLUTION RESCINDING RESOLUTION R-09-3065 SUPPORTING LOCAL OPTION TAXES AND FEES TO FUND TRANSPORTATION INCLUDING RAIL NORTH TEXAS WHEREAS, the Metropolitan Mobility Plan of the Regional Transportation Council plans to create a regional passenger and freight rail line that will traverse approximately 8 miles of residential areas between Fort Worth and Grapevine, Texas; and WHEREAS, nearly the entire distance that falls within the City of Colleyville is in our residential areas; and WHEREAS, homeowner property values will be significantly and negatively impacted by the increase in trains, especially those that carry freight; and WHEREAS, the current Metropolitan Mobility Plan does not include additional under/ overpasses at any of the more than two dozen road crossings along this line; and WHEREAS, the high volume of increased freight rail traffic and subsequent closing of these roads several times a day to allow the passage of said trains will result in a significant increase in road congestion along the entire rail line, including in our city; and WHEREAS, the Regional Transportation Council's plan to modify the existing Southwest- Northeast rail line in order to expand freight rail operations alters a pre- existing condition and presents a change that could not have been foreseen by Colleyville homeowners. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE TEXAS: Sec. 1. THAT Resolution R-09-3065 is rescinded in its entirety. Sec. 2. THAT the City of Colleyville does NOT support the current Metropolitan Mobility Plan for the Southwest-Northeast rail initiative or any other plan that includes expanding freight rail operations within the city limits of Colleyville. Sec. 3. THAT the City of Colleyville urges the prohibition of freight trains on the Southwest- Northeast route and is committed to working with regional, state and federal authorities to ban such trains from passing through our city's residential areas. Sec. 4. THAT no train station construction or operation will be funded by the City of Colleyville. AND IT IS SO RESOLVED. Resolution R-09-3093C Page 3 of 3 APPROVED BY 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 ,:~ F„ ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 T,~,~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 07/21/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 10 Final Action: Secretary File Name: Reports -July 21, 2009 Attachments: Parks and Recreation Advisory Board Minutes -February 2, 2009 Senior Center Advisory Committee Minutes -April 16, 2009.pdf Parks and Recreation Advisory Board Minutes -May 4, 2009 Planning and Zoning Commission Minutes -May 26, 2009 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/21/2009 City Council Title Parks and Recreation Advisory Board Minutes -February 2, 2009 Senior Center Advisory Committee Minutes -April 16, 2009 Parks and Recreation Advisory Board Minutes -May 4, 2009 Planning and Zoning Commission Minutes -May 26, 2009 City of Colleyville Page 1 Printed on 7/16/2009 G~tY of t IlC~ Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, February 2, 2009 6:00 p.m. Steve Dalri called the meeting to order at 6:00 p.m. on Monday, February 2, 2009, at the Parks and Recreation Office. ROLL CALL: Steve Dalri, Deena Dendy, Vince Rosen, Brian Estridge, Ken Llewellyn, Raelene Darling , Debby Abitz and Rick Paddock ABSENT: Nancy Coplen, GCISD Liaison STAFF: Monica Walsh, Director of Parks and Recreation and Wanda Drexel, Administrative Secretary and Sissy White, Recreation Supervisor 1. Call to Order 2. Approval of the January 5, 2009 Parks and Recreation Advisory Board Minutes Vince Rosen moved to approve the January 5, 2009 Parks and Recreation Advisory Board minutes. Brian Estridge seconded the motion. The vote was unanimous. 3. Discussion and Consideration of Eagle Scout Project -Michael Clardy Michael Clardy of Troop 28 presented his project to place a six (6) inch layer of woodchips into City Park and clean up the park and facilities. Ken Llewellyn moved the approve Michael Clardy's Eagle Scout project. Deena Dendy seconded the motion. The vote was unanimous. 4. Discussion and Consideration of Botanical Gardens Monica Walsh, Parks and Recreation Director, gave an overview of McPherson Park and the gardens that are planned. 5. Discussion and Consideration of Composting Monica Walsh, Parks and Recreation Director, gave an overview of Irving's Compost Program. Park and Recreation Advisory Board February 2, 2009 Page 2 of 2 6. Discussion and Consideration of Moving March Meeting Date It was decided that we would move the March 2, 2009, meeting to March 9, 2009, due to the McPherson Park Bid and the Senior Center Trail Loop Bid. 7. Recreation, Athletics, Tennis and Seniors' Reports Sissy White, Recreation Supervisor, presented gave a report on the ongoing programs. 8. Park Operations and Capital Improvement Status Reports Monica Walsh, Parks and Recreation Director, presented a status report on current projects. 9. Citizen Comments/Presentations Regarding Items not on the Agenda" Rick Paddock commended the Eagle Scout effort but questioned whether we need a waiver liability in case someone is injured while working on the project. Monica Walsh, Parks and Recreation Director, will contact the City Attorney to determine if we need a waiver signed. 10. Adjournment Rick Paddock moved to adjourn at 6:52 p.m. Vince Rosen seconded the motion. The vote was unanimous. Respectfully submitted and approved: Wanda Drexel, Administrative Secretary G~tY of ~ Il~ Texas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, April 16, 2009 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:55 p.m. on Thursday, April 16, 2009 by Debra Minea, Chair of the Committee. ROLL CALL: ABSENT: STAFF: Guest: Call to Order and Roll Call Debra Minea, Dorothy Parker, Michelle Appling and Susan Thomason Wanda Johnson, Molly Skinner and Anne Gifford Renee Garrett, Senior Center Supervisor and Monica Walsh, Parks and Recreation Director Ed Havaran Approval of the March 19, 2009 Senior Center Advisory Committee Minutes Michelle Appling made a motion to approve the minutes. Dorothy Parker seconded. The motion carried with a unanimous vote. Discussion and Consideration of Senior Wish List Dorothy Parker gave an update on the flag costs. A 30' used pole costs $600 and installation $210, for a total cost of $810. A 5'x8' flag that has been flown over the Capitol costs $22.05 plus $4.00 for shipping. Monica Walsh, Parks and Recreation Director, said the City would pay half the cost of the flag pole if the Senior Center would raise the funds to pay the other half. Ed Havaran said he would donate the flag. Senior Center Advisory Committee April 16, 2009 Page 2 of 3 Dorothy Parker made a motion that the Senior Center Advisory Committee pursues the flag pole and raises half of the cost and the City will cover the other half. Michelle Appling seconded the motion. The vote was unanimous. Discussion on items of Interest for Potential Future Action Michelle Appling brought up having a pancake breakfast as a fundraiser to raise the funds to purchase the flag pole. She volunteered to chair the committee. Michelle Appling made a motion that the Senior Center Advisory Committee has a Pancake Breakfast as a fundraiser for the flag pole. Dorothy Parker seconded the motion. The vote was unanimous. Renee Garrett, Senior Center Supervisor, said she would check possible dates that the fundraiser could be held and email the committee. Reports -Staff and Committees Social Committee -Dorothy Parker reported that Nadine Norton was recognized as the new member. Her pictures and story are in the lobby. Sunshine Committee -two (2) get well cards and one (1) sympathy card were mailed Library Committee - all books have been shelved alphabetically Computer Committee - no report Monica Walsh, Parks and Recreation Director, reported the Senior Center trail is underway and should be completed by summer. Renee Garrett, Senior Center Supervisor, reported that 984 seniors visited the Senior Center in March and as of today 386 had visited for the month of April. She also reported that a tour of San Antonio is planned for December 7 -11. The price if $409 and includes the transportation by Diamond Tours and 5 days/4 nights. July is National Parks and Recreation Month and to celebrate the Senior Center is having Spuds and Movie (Marley and Me) July 10th and families are invited. The Senior Center will be serving hot dogs and ice cream sundaes. A total of 75 patrons were helped by AARP Tax Help. These were seniors and non-seniors. Senior Center Advisory Committee April 16, 2009 Page 3 of 3 6. Citizen comments/presentation regarding items not on the agenda'` None Adjournment Michelle Appling moved to adjourn at 2:52 p.m. Dorothy Parker seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: Wanda H. Drexel, Administrative Secretary G~tY of ~ Il~ Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, May 4, 2009 6:00 p.m. Steve Dalri called the meeting to order at 6:17 p.m. on Monday, May 4, 2009, at the Parks and Recreation Office. ROLL CALL: Steve Dalri, Vince Rosen, Brian Estridge, Ken Llewellyn, Raelene Darling, Rick Paddock and Nancy Coplen, GCIS D Liaison ABSENT: Deena Dendy and Debby Abitz STAFF: Monica Walsh, Director of Parks and Recreation, Wanda Drexel, Administrative Secretary, Sissy White, Recreation Supervisor and Kelly Cooper, Assistant City Manager 1. Call to Order 2. Approval of the February 2, 2009 Parks and Recreation Advisory Board Minutes Rick Paddock moved to approve the February 2, 2009 Parks and Recreation Advisory Board minutes. Vince Rosen seconded the motion. The vote was unanimous. 3. Recreation, Athletics, Tennis and Seniors' Reports Sissy White, Recreation Supervisor, presented a report on the ongoing programs. 4. Park Operations and Capital Improvement Status Reports Monica Walsh, Parks and Recreation Director, presented a status report on current projects. Rick Paddock and Ken Llewellyn volunteered to be on the Park Master Plan Committee. It was decided that the next Parks and Recreation Advisory Board meeting will be July 6, 2009. 5. Citizen Comments/Presentations Regarding Items not on the Agenda* None. 6. Adjournment Vince Rosen moved to adjourn at 6:35 p.m. Brian Estridge seconded the motion. The vote was unanimous. Respectfully submitted and approved: .''(~«..t~a. ..~. ei~flt.fGa..~ Wanda Drexel, Administrative Assistant `" °~ City of Colleyville ~ Minutes -Final n.,: Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, May 26, 2009 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY .REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M.- REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on May 26, 2009 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps and Jeff Byerly Absent: Commissioner Ron Rotthaus Staff Present: Ron Ruthven, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Dudziak. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Redfearn moved to approve the May 11, 2009 meeting minutes with the correction to delete the "?" in paragraph 3. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Rotthaus City of Colleyville page ~ Printed on 7/14/2009 Planning and Zoning Commission Minutes -Final May 26, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a replat for the Heritage Oaks Addition located in the 5000-5200 block of Heritage Avenue, Case PC09-007 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:03 p.m. Bruce Scasta, the applicant and developer for Mady Development, came forward to present the case and brief the Commissioners. Cindy Lamply, resident in Heritage Oaks, came forward and stated the developer has not brought the bylaws for the Homeowner's Association forward as an amendment. There being no one wishing to speak, the public hearing was closed at 7:05 p. m. Commissioner Redfearn questioned staff regarding if the plat meets the requirements of the original ordinance? Ron Ruthven replied yes it does comply with the PUDR ordinance that governs the development. Commissioner Redfearn moved to approve case PC09-007. Commissioner Byerly seconded. Commissioner Phelps questioned staff regarding at what time does the Homeowner's restrictions need to be met? Commissioner Byerly stated that issue is a private issue between the developer and the homeowners . Ron Ruthven concurred and stated those bylaws are private and the City therefore has no governing rights over them. Commissioner Byerly stated the approval of the plat is an administerial act and if it meets all of the requirements of the ordinance, the Commission is bound by law to approve it. He stated it is rare to have a public hearing for a plat, but for a replat, there is a public hearing. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 - Rotthaus 7b 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 City of Colleyville Page 2 Printed on 7/14/2009 Planning and Zoning Commission Minutes -Final May 26, 2009 Commissioner Byerly opened the public hearing at 7:10 p.m. Jerry David, the applicant and builder, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. David regarding if there are any plans to enclose the structure? Mr. David replied not at this time. There being no one wishing to speak, the public hearing was closed at 7:10 p.m. Commissioner Dudziak moved to re-open case ZC09-006 to hear an additional speaker. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Rotthaus Commissioner Byerly opened the public hearing at 7:11 p.m. H.L. Merril, 1106 Emerald Ct, spoke in favor of the request and stated they have built a very nice house. There being no one wishing to speak, the public hearing was closed at 7:11 p.m. Commissioner Phelps moved to approve case ZC09-006. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Rotthaus 8. ADJOURNMENT The meeting adjourned at 7:12 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, May 21, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved at the July 13, 2009 meeting. City of Colleyville Page 3 Printed on 7H4/2l)09 RESOLUTION R-09-3123 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JULY 21, 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, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor